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HomeMy WebLinkAbout02-27-56 Council Meeting MinutesREGULAR MEETING FEBRUARY 27th, 1956 Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chamber, Monday, February 27th, 1956, at 9:11 P.M., with all members present except Councilman Hahn. President Korpal presided. REPORT OF COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your committee on the inspection and supervision of the minutes would respectfully report that they have in- spected the minutes of the previous meeting.of the Council and found them correct. They therefore recommend that the same be approved. Meeting of February 14th, 1956 GEORGE W. CARR ) JULIUS B. CHRISTMAN, JR. ) COMMITTEE STANLEY C. KORPAL ) Councilman Muszynski made a motion that the report be accepted, which motion was seconded by Councilman Kroll. Motion carried. COMMUNICATIONS: A communication from Mrs. A. W. Ferm inviting the Council to attend a "Home and School Show, presented by the Civil Defense and Safety Chairmen of Mishawaka, South',Bend and St. Joseph County P.T.A. Councils, on Wednesday, Eebruary 29, 1956, at 7:30 P.M., in the Washington -Clay High School. Motion by Councilman Muszynski that the communication be accepted and placed on file. Seconded by Councilman Erler. Motion Carried. Communications from Judge Edward Olczak explaining ordinances which are to be presented to the Council. Motion by Councilman-Muszynski and second of motion by Councilman Erler. Motion carried. ;z REGULAR MEETING PETITION, FEBRUARY 27th, 1956 Petition of Charles W. Gerhardt and others to zone lots 7 and 8 and the east 33 feet of Lot 6, all through Henrick and Grant Addition to "C" Commercial use district and "D" Height and Area District. Councilman Glass made a motion that the petition be referred to the City Plan Commission. Councilman Carr seconded the motion. Motion carried. PETITION Petition of John W. Ransberger, et al, to zone from "B" Use district and "A" Height and area district to "C" mmercial and "D" Height and area District the Notth 175 feet of lot 1 as shown on the recorded plat of G. W. Mikesell's First Addition to the City of South Bend. Councilman Carr made a motion that the petition be referred to the City Plan Commission. Councilman Glass seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "An Ordinance providing for additional Personnel in the Office of the Traffic Violations Department of South Bend and appropriating from the General Fund of the City of South Bend the sum of Three Thousand ($3000.00) Dollars to the Budgetary Item, SERVICES PERSONAL, in the Office -of the City Judge, Repealing any and all Conflicting Ordinances and Declaring an Extra Ordinary Emergency. Motion by Councilman Erler, seconded by Councilman Korpal to amend the ordinance to read $2500.00 for the fiscal year. Motion Carried.•. Respectfully report that they have examined the matter and that, in their opinion this ordinance, as amended, should go to the Council as favorable. Councilman�Tellson made a motion that the report be accepted and-placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "An Ordinance providing for the transfer of appropriated funds in the amount of $225.00 from BUDGETARY ITEM E -12 entitled "PRO TEM SPECIAL JUDGES & JURIES -- .$800.00" to Bud- getary Item E -72 entitled "Equipment" sub item 721 entitled "Furniture and Fixtures" as set forth`.in the Budget for the Office of City Judge of South Bend for the year 1956, repealing any and all conflicting Ordinances and Declaring an extra - ordinary emergency." Councilman Carr made a motion that the teport be accepted and placed on file. Councilman Erler seconded the motion. Motion carried. REPOk OF COMMITTEE OF THE WHOLE To the Common Council of the City of South�Bend: Your Committee of the Whole to whom was referred "An Ordinance providing for the transfer of appropriated funds in t the amount of $75.0-0 from Budgetary Item E -12, entitled "Pro -tem Special Judges & Juries -- $800.00" to Budgetary item entitled "Supplies E -36 Office" sub item #362 entitled "Stationary and Printing," $50.00, and sub item 4363 entitled "Other Office Supplies ", $25.00, as set forth in the Budget of the office of City Judge of South Bend for the year 1956, Repealing any and all conflicting ordinances and Declaring an extraordinary emergency. Councilman Muszynski made a motion that the report be accepted and placed on file. Seconded by Councilman Carr. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "An Ordinance transferring and appropriating $400.00 from W38 Board of Health Supplies General to W725 Board of Health Office Equipment; and $350.00 from W721 Board of Health Furniture and Fixtures to W725 Board of Health Office Equipment; and $320.00 From MB721 Building Department Furniture and Fixtures to MB725 Building Department Office Equipment; all of the Budget for 1956 of the Civil City of South Bend, Indiana, and declaring an emergency. Councilman Carr made a motion that the report be accepted and placed on file. Seconded by Councilman Muszynski. Motion carried. ORDINANCE NO. 4073 AN ORDINANCE PROVIDING FOR ADDITIONAL PERSONNEL IN THE OFFICE OF THE TRAFFIC VIOLATIONS DEPARTMENT OF SOUTH BEND AND APPROPRIATING FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND THE SUM OF TWENTY - FIVE HUNDRED ($2500.00) DOLLARS TO THE BUDGETARY ITEM, SERVICES PERSONAL, IN THE OFFICE OF THE CITY JUDGE, REPEALING ANY AND ALL CONFLICTING ORDINANCES AND DECLARING AN EXTRA ORDINARY EMERGENCY. The ordinance was given third reading and passed by a roll -call vote of 8 ayes - 0 nays, 1 absent, Councilman Hahn. ORDINANCE NO. 4074 AN ORDINANCE PROVIDING FOR THE TRANSFER OF APPROPRIATED FUNDS IN THE AMOUNT OF $225.00 FROM BUDGETARY ITEM E -12, ENTITLED "PRO TEM SPECIAL JUDGES AND JURIES -- $800.00" TO BUDGETARY ITEM E -72 ENTITLED "EQUIPMENT" SUB ITEM 721 ENTITLED "FURNITURE AND FIX- TURES" AS SET FORTH IN THE BUDGET FOR THE OFFICE OF CITY JUDGE OF SOUTH BEND FOR THE YEAR 1956, REPEALING ANY AND ALL CONFLICTING ORDINANCES AND DECLARING AN EXTRA ORDINARY EMERGENCY. The Ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays , l absent. ORDINANCE NO. 4075 AN ORDINANCE PROVIDING FOR THE TRANSFER OF APPROPRIATED FUNDS IN THE AMOUNT OF $75.00 FROM BUDGETARY ITEM E -12 ENTITLED "PRO TEM SPECIAL JUDGES AND JURIES -- $800.00" TO BUDGETARY ITEM ENTITLED "SUPPLIES E -36 OFFICE" SUB ITEM #362 ENTITLED "STATIONARY AND PRINTING ", $50.00, AND SUB -ITEM #363 ENTITLED "OTHER OFFICE SUPPLIES ", $25.00, AS SET FORTH IN THE BUDGET FOR THE OFFICE OF CITY JUDGE OF SOUTH BEND FOR THE YEAR 1956, REPEALING ANY AND ALL CONFLICTING ORDINANCES AND DECLARING AN EXTRAORDINARY EMERGENCY. The Ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays, 1 absent. ORDINANCE NO. 4076 AN ORDINANCE TRANSFERRING AND APPROPRIATING $400.00 FROM W38 BOARD OF HEALTH SUPPLIES GENERAL TO W725 BOARD OF HEALTH OFFICE EQUIPMENT; AND $350.00 FROM W721 BOARD OF HEALTH FURNITURE AND FIXTURES TO W725 BOARD OF HEALTH OFFICE EQUIPMENT; AND $320.00 FROM MB721 BUILDING DEPARTMENT FUR- NITURE AND FIXTURES TO MB725 BUILDING DEPARTMENT OFFICE EQUIPMENT; ALL OF THE BUDGET FOR 1956 OF THE CIVIL CITY OF SOUTH BEND, INDIANA, AND DECLARING AN EMERGENCY. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays, 1 absent. REPORT OF CITY PLAN COMMISSION: Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of John Stith, et al, to zone from Light - industrial Use District to "B" Residential Use District and "B" Height and Area District Lots numbered.'61 through 68 of Kaley's First Subdivision and Lots Numbered 89 through 95 of Kaley's Second Subdivision, being all lots facing Kenwood Avenue between Meade and Fremont Streets, was legally advertised under date of January 23, 1956. The public hearing was held under date of February 2,..1956, at which date the Commission, in executive session, considered the petition and remon- �- strances thereto and took -the following action: The Commission found that property was zoned commercially and used residentially, that there would be no non- conforming uses created by a change to "B" Residential Use, that property owners wished the protection of residential zoning, that property would increase in value and reflect favorably on surrounding property values, and that the public welfare would be best served by the favorable recommendation of the petition. It was, therefore, moved, seconded and carried that the petition be recommended favorably. RLH :aed Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director- Secretary Councilman Carr made a motion that the report be accepted and placed on file. Seconded by Councilman Muszynski. Igotion carried. ORDINANCE NO. 4077 AN ORDINANCE TO AMEND ORDINANCE NO. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE (Lots 61 through 68 Kaley's 1st. Sub. & Lots 89 through 96 Kaley's 2nd Sub.) The ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension of rules. Councilman Tellson seconded the motion. Motion carried by a roll call vote of 8 ayes, 0 nays, 1 absent. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays, l absent (Councilman Hahn). REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of Lola M. Wayt, et al, to zone property on the north side of Mishawaka Avenue between 27th and 28th Street to "C ". Commercial and "D" Height and Area District was legally advertised under date of October 24, 1955, and public hearing held before the Planning Commission under date of November 3, 1955. After due consideration, the Commission found that land use in the immediate vicinity of subject property was REPORT OF PLAN COMMISSION ( continued) predominantly commercial and that surrounding properties fronting Mishawaka Avenue were zoned commercially. The Commission further found that subject property would be the only residentially zoned area fronting Mishawaka Avenue in the vicinity of subject property. It was, therefore, moved, seconded, and unanimously carried that the petition be favorably recommended to the Common Council. This letter of recommendation has been held pending the submission of the necessary ordinance by petitioners. RLH:aed Very truly yours, CITY PLANNING COMMISSION /sl Robert L. Huff Robert L. Huff Director Motion was made by Councilman Glass that the report be accepted and placed on file. Seconded by Councilman Muszynski. Motion carried. ORDINANCE NO. 4078 AN ORDINANCE TO AMEND ORDINANCE NO. 3072 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Lots 163, 164, 165, 166, 167 and 168 Berner Grove 1st Add.) The 'ordinance was given first reading by title and second reading in full. Councilman Etler moved for suspension of rules. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 8 ages - 0 nays, I absent ( Councilman Hahn). The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays, 1 absent (Councilman Hahn), REPORT OF PLAN COMMISSION Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of Stanley R. Cope and Company to zone Lots 266 through 268 of D. N. Shively Addition to Light Industrial Use District and "E" Height and Area District, said lots facing William Street and being immediately south of the east -west alley south.of and parallel to Calvert Street, was legally advertised under date of December 23, 1955. The public hearing was held under date of January 5, 1956, and tabled to February 2, 1956, at.which.date the Commission, in executive session, considered the petition and remonstrances thereto and ;.took the following action:- After due consideration, the Commission found that under date of June 4, 1953, one Earl Smith had petitioned to change subject property to "D" Use District and "E« Height and Area District, at which time the Commission recommended the petition unfavorably. The Commission found that there had been no change in the character and use of property in the immediate neigh- borhood. The Commission further found that whereby a considerable amount of property in immediate vicinity was now zoned light- industrially, said property, with one excepation, was used residentially. The Commission further found that the granting of the petition would be an unwarranted intrusion into a residential district and further found that vacant land existed in the immediate vicinity which was now zoned light - industrially, and found no need at the present time for additional light- industrial use. It was, therefore, moved, seconded and..carried that the petition be recommended to the Council unfavorably. ORDINANCE Very truly yours, /s/ Robert L. Huff CITY PLANNING COMMISSION AN ORDINANCE AMENDING ORDINANCE.ZONING 3702 COM- MONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Lots 236, 237, 238 D. M. SHIVELY 1st Add) The ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion that the ordinance be set for public hearing on March 12th. Seconded by Councilman Muszynski. Motion carried. REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South Bend February 7, 1956 South Bend, Indiana Gentlemen: Attached petition of Standard Oil Company of Indiana was legally advertised under date of December 23, 1955,. The Public hearing was held under date of January 5, 1956. The petition seeks to rezone from "B" Residential to "C" Commercial Use District Lot No. 8 and a part of 7 of A. H. Cushing Addition, said lots being located at northeast intersection of Lincolnway West and Blaine Avenue. Under date of February 2, 1956, the Planning Commission, having fully considered the petiton and remonstrances thereto, took the following action: 1127 REGULAR MEETING REPORT OF CITY PLAN COMMISSION ( continued) FEBRUARY 27th, 1956 After due consideration the Commission found that the granting of the petition would result in a clear case of "spot zoning" inasmuch as one small area would derive special benefits which would be denied surrounding property owners, and the granting of the petition would be unconstitutional and void on the general ground that it would not bear a substantial relation to the public health, safety, morals and general welfare, and would be out of harmony and in conflict with the comprehensive zoning ordinance of the city. The Commission further found that the granting of. petition would result in the zoning ordinance being diverted from its true objectives. It was therefore, moved, seconded, and unanimously carried that the petition be recommended unfavorably. Very truly yours, CITY PLANNING COMMISSION RLH :aed Robert L. Huff Director- Secretary ORDINANCE AN ORDINANCE AMENDING ORDINANCE 43702 ADOPTED BY THE COMMON COUMIL ON THE 13th DAY OF JUNE, 1949. (Lot 8 and part of Lot 7 A.H.Cushing Add.) The ordinance was given first reading by title and second reading in full. Councilman Glass recommended that the entire block rather than the portions set out in the ordinance be considered for rezoning as commercial. Motion was made by Councilman Glass to rezone the entire block as commercial. Seconded by Councilman Muszynski. Motion carried. Motion was made by Councilman Carr to refer the ordinance back to the City Plan Commission for.reconsideration of the ordinance to cover the entire block for rezoning. Motion seconded by Councilman Kroll. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO 2243 COMMONLY KNOWN AS THE BUILDING CODE OF THE CITY OF SOUTH BEND, INDIANA, AND MORE PARTICULARLY REPEALING SECTION 37a AND ANY AMENDMENTS THERETO KNOWN AS THE SECTION ESTABLISHING FEES FOR BUILDING PERMITS, AND ENACTING IN LIEU THEREOF A NEW SECTION 37a ON THE SAME SUBJECT, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. ne ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion that the ordinance be referred to the Ordinance Committee for further study. Motion was seconded by Councilman Christman. Motion carried. ORDINANCE NO..40_7�9 AN ORDINANCE AMENDING ORDINANCE NO. 2243 COMMONLY KNOWN AS THE BUILDING CODE OF THE CITY OF SOUTH BEND, INDIANA, AND MORE PARTICULARLY SECTION 33 OF THAT CODE ENTITLED: "MINOR INTERIOR REPAIRS, PERMITS NOT NECESSARY." The ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion for suspension of rules. Councilman Carr seconded the motion. Motion carried by a roll call vote'of 8 ayes - 0 nays, 1 absent. -Ordinance was given third reading and passed by a roil call vote of 8 ayes - o nays, 1 absent (Councilman Hahn). RESOLUTION WHEREAS, The Common Council on 14 February, 1956, rejected the recommendation of the City Planning Commission in the matter of the petition of Herman Light to zone approximately 35 acres on East Jefferson Boulevard to "C -2" Use District, and WHEREAS, Chapter 174, Acts of 1947, require that the Common Council return to the City Planning Commission the above proposed amendment with a written statement of the reasons for said rejection, NOW, THEREFORE, BE IT RESOLVED, That the reasons for rejection of said amendment are as follows: 1. It has not been proved to the entire satisfaction of the Common Council that the proposed amendment bears a substantial relationship to the health, morals, and welfare of the City of South Bend. Councilman Carr made a motion that the resolution be adopted. Seconded by Councilman Muszynski. Motion carried, by a roll call vote of 8 ayes - 0 nays, 1 absent (Councilman Hahn). OLD BUSINESS Councilman Glass asked for publicity on the program for removal of flasher lights. NEW BUSINESS Councilman Tellson made a motion ;that the Board of Public Works and Safety request the Police Department to make an investigation of speeding trucks on West Ewing Avenue, and upon completion of the investigation, to make a report to the Council at the neat meeting. Motion was seconded by Councilman Muszynski. Motion carried. Councilman Erler asked that the above motion be amended to include Altgeld Street in the above investigation. Motion was seconded by Councilman Glass. Motion carried. REGULAR MEETING 1128 FEBRUARY 77th, 1956 NEW BUSINESS Motion by Councilman Christman that an investigation be made of the condition of railroad tracks of the South Shore line` at the intersection of LaSalle Avenue and Main Street and at.the intersection of Lincolnway West and LaSalle Avenue. Motion seconded by Councilman Glass. Motion carried. There being no further business before the Council, Councilman Muszynski made a motion to adjourn. Motion seconded by Councilman Garr. Motion carried. Meeting adjourned at 10:07 P.M. ATTEST: CLERK APPROVED: ESIDENT