Loading...
HomeMy WebLinkAbout04-23-56 Council Meeting MinutesREGULAR MEETING Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chamber, Monday, April 23rd, 1956, at 8:44 P.M., with all members present except Councilman Hahn and Erler. 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 inspected the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. Meeting of March 26th, 1956. JULIUS B. CHRISTMAN, JR. G. W. CARR CHAIRMAN STANLEY C. KORPAL A communication was read inviting the members of the Council to the 6th Meeting of the Inter- american Congress of Municipalities to be held in Panama on August 14 - 19, 1956. Councilman Muszynski made a motion that the communication be accepted and placed on file. Seconded by Councilman Carr. Motion carried. PETITIONS TO: The Common Council of the City of South Bend City Hall '*South Bend, Indiiana and City Planning Commission South Bend, Indiana. We, the owners of the real estate hereinafter described, respectfully petition the Common Council of the City of South Bend andz.the Planning Commission of said City of South Bend and the Planning Commission of said city to rezone said real estate from "B" Use District and "A" Height and Area District to "C" Commercial Use District .and "D" Height and Area District': An unplatted parcel of land described as follows: Beginning at a point where the East right -of -way line of Main Street intersects the North right -of -way line of Sherwood Street, thence northerly, along the East right -of -way line of Main Street a distance of Two Hundred Eighty -five and 18 /100 (285.18) feet, thence Easterly a distance of One Hundred Seventy -eight and 5/10 (178.5) feet, which point is Two Hundred Sixty -six and 35/100 (266.35) feet North to the North right -of -way line of Sherwood Street, thence Southerly along the East boundary line of what was formerly the north and south alley, a distance of Two Hundred Sixty -six and 35/100 (266.35) feet to a point on the North right -of -way line of Sherwood Street, thence Westerly along the Northerly line of Sherwood Street a distance of One Hundred Seventy -nine (179) feet to the point of beginning; all in South Bend, St. Joseph County, Indiana. Submitted this 28th day of March, 1956/ (continued on next page) April 23r-d3 1956 REGULAR MEETING ATTEST: /s/ Louis E. Walz Louis E. Walz, Secretary /s/ Ida M. Walz Ida M. Walz /s/ Myron D. Walz Mryon D. Walz /s/ Helen M. Walz Helen M. Walz /s/ J. Woodrow Walz J. Woodrow Walz /s/ Emmagene U. Walz Emmagene U. Walz /s/ Richard U. Walz Richard U. Walz J. E. WALZ, INC. BY: /s/ Myron D. Walz Myron D. Walz, President /s/ Wilford V. Walz Wilford V. Walz �s/ Arlene F. Walz Arlene F. Walz s/ Marie A. Dickerson Marie A. Dickerson /s/ Louis E. Walz Louis E. Walz /s/ Myra G. Walz Myra G. Walz /s/ John R. Walz John R. Walz /s/ Evalyn L. Walz /s/ Eulala - Geraldine Walz Evalyn L. Walz Eulala- Geraldine Walz Attorney for Petitioners Wilford V. Walz 208 I. 0. 0, F. Bldg. South Bend,-Indiana Councilman Muszynski made a motion that the petition be referred to the City Plan Commission. Councilman Kroll seconded the.motion. PETITION A Petition of Place and Company to annex property in Twyckenham Hills and zone "A" Residential. Motion by Councilmna Glass that the petition be referred to the City Plan Commission. Councilman Christman seconded the motion. Motion carried. PETITION Petition of Maurice and Avis Morey to rezone lots 52, 53, 54, 55 of a replat of Out Lot A in Henry Leer's Sub. of the W. Part of Out Lot 4 in the partition of the estate of Samuel Leer in Bimm and Moor's Addition. Motion by Councilman Glass that the petition be referred to the City Plan Commission. Councilman Carr seconded the motion. Motion carried. REPORT OF CITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE MONTH OF MARCH, 1956 Balance on hand first of month. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,635,590.76 Receipts during month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 604,474.89 Disbursements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 993, 596, 52 Balance . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . .$2,244,966.14 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Carr seconded the motion. Motion cqi�ried. REPORT OF ORDINANCE COMMITTEE TO: The Common Council Gentlemen: The Ordinance Committee desires to report that it has examined proposed legislation for F.E.P.C. and, after due deliberation, herewith stibmits an ordinance for introduction and first and second reading. ORDINANCE COMMITTEE BY: /s/ George W. Carr, Chairman Stanley C. Korpal Councilman Muszynski made,a motion that the report be accepted and placed on file. Seconded by Councilman Kroll. Motion carried. REPORT OF THE 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 to rezone lots 7, 8 and the east 33 feet of lot 6 in Hernrick and Grant Addition as per petition of Charles E. Gerhardt, et al., respectfully report that they gave examined the matter and that in their opinion it should be reported to the Council as favorable. Motion by Councilman Glass, and seconded by Councilman Muszynski, that the report be accepted and placed on file. Motion carried REPORT OF THE 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 #2243 commonly known as the Building Code of the City of South Bend and more particularly repealing section 37a and enacting a new section 37a, respectfully report that they have examined the matter and that in their opinion it should be reported to the Council as favorable. Q.PRIL 23rd, 1956 Motion by Councilman Kroll, seconded by Councilman Muszynski, that the report be accepted and placed on file. Motion carried. ORDINANCE NO. 4081 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS "THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA" (Lots 7, 8, and the east 33 feet of lot 6 in Henrick and Grant Addition, as per petition of Charles H. Gerhardt, et al). The Ordinance was given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Hahn and Erler). ORDINANCE NO. 4082 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. The ordinance was given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Hahn abd Erler). ORDINANCE NO. 4083 T AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND $1602.00 TO SEWER DEPARTMENT J -726 OTHER EQUIPMENT $1602.00. ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR 1956, AND DECLARING AN EXTRA - ORDINARY EMERGENCY. The ordinance was given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Hahn and Erler). REPORT OF CITY PLAN COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The ordinance initiated by the City Planning Commission to zone Lots 67 and 1 of Henricks' and Grant's Addition, located generally at 317 and 321 Lincolnway West, to "D" Light - Industrial Use District and "F" Height and Area District, was legally advertised on March 26, 1956. At a public hearing under date of April 5, 1956, the following action was taken: The .Secretary of -the Planning Commission explained that the front three- quarters of subject lots were now zoned "D" fight- Industrial and "F" Height and Area, but that the rear one - quarter was zoned residentially, and that the adoption of the ordinance would put the entire area of subject lots into Light - Industrial Use. It was therefore moved, seconded, and carried that the ordinance be recommended favorably to the Common Council. Very truly yours, CITY PLANNING COMMISSION /s/ ROBERT L. HUFF RLH :aed Director - Secretary Motion by Councilman Kroll that the report be accepted and placed on file. Seconded by Councilman Glass. Motion carried. REPORT OF CITY PLAN COMMISSION The Honorable Common .Council City of South Bend South Bend, Indiana Gentlemen: The ordinance initiated by the City Planning Commission at the suggestion of the Common Council, which concerns the rezoning from "B" Residential Use District and "B" Height and Area District to "C" Commercial Use District and "C" Height and Area District, Lots numbered 5 through 8 of A. H. Cushing Addition, being the block surrounded by Lincolnway West, Blaine, Lindsey, and Allen Streets, was legally advertised on March 26, 1956. At a public hearing under date of April 5, 1956, the following action was taken: After due consideration, the Commission found that the adoption of the ordinance would result in a case of "spot zoning ", it being merely a larger "spot" than Lot 8 and part of 7 of A. H. Cushing Addition, as previously consider- ed by the Planning Commission. The Zommission further found that there was lack of need to zone Lot 7 and 8, and therefore there was even less need to zone the entire block within which Lots 7 and 8 are included. The Commission found that the owners of property in subject block would derive special benefits which would be denied surrounding property owners, that the granting of the ordinance 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 of South Bend, The Commission further found that the subject property would be entirely surrounded by residential zoning districts and residential land use, that commercial zoning districts existed on Lincolnway West two blocks in either direction from subject property. The Commission further found that the granting of petition would result in the.diversion of 1139 REGULAR MEETING APRIL 23rd, 1956 the Zoning Ordinance from its true objectives, and that there was ample commercially -zoned vacant area, and ample commercial land use within the general neighborhood and throughout the length of Lincoln Way West. It was therefore moved, seconded, and unanimously carried that the petition be unfavorably recommended to the Common Council. RLH:aed Very truly yours, CITY PLANNING COMMISSION /s/ ROBERT L. HUFF Director- Secretary Motion by Councilman Tellson that the report be accepted and placed on file. Seconded by Councilman Kroll. Motion carried. REPORT OF PLAN COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of James Meersman, 3202 South Main Street, to change the zoning district of Lots Numbered 1 through 11, of Whitcomb and Keller's South Main Street Subdivision, being a part of John A. Walt's Revised Addition, and Lots numbered 13 through 22, inclusive, of:L.J. Tasher's Second Addition to "B" Residential Use District and "A" Height and Area District, was legally advertised under date of March 26, 1956, and public hearing held under date of April 5, 1956. After due consideration the Commission found that subject properties, without exception, were used residentially and zoned industrially. It was therefore moved, seconded and unanimously carried that the petition be recommended favorably. RLH:aed 11 Very truly yours, /s/ ROBERT L. HUFF Director- Secretary Motion by Councilman Glass that the report be accepted and placed on file. Seconded by Councilman Muszynski. Motion carried. REPORT OF PLAN COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of John Rensberger to zone the north 175 feet of Lot. No. 1, of G. W. Mikesell's First Addition, from "B``,Residential Use District to "C" Commercial and "C" Height and Area District, said parcel being at the southwest intersection of Greenlawn and Mishawaka Avvnue, was legally advertised under date of March 26, 1956, public hearing held under date of April 5, 1956. After due consideration, the Commisssion `found the surrounding land use and zoning to be "D" Industrial and that substantial justice would be done by the favorable recommendation of the petition. It was therefore moved, seconded, and unanimously carried that the petition be favorably recommended to the Common Council. RLH:aed Very truly yours, /s/ ROBERT L. HUFF Director - Secretary Motion by Councilman Glass that the report be accepted and placed on file. Seconded by Councilman Kroll. Motion carried. ORDINANCE NO. 4084 AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY CALLED THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Lots 67 and 1 of Henrick' and Grants' addition) The ordinance was given first reading by title and second reading in full. Councilman-Muszynski made a motion that there be suspension of rules. Councilman Tellson seconded the motion. Motion carried by a roll call vote of 7 ayes - 0 nays, 2 absent. The ordinance was given third reading an passed by a roll call vote of 7 ayes - o nays, 2 absent. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE #3702 ADOPTED BY THE COMMON COUNCIL ON THE 13th day of June, 1949. (Lots 5 through "8 b f A.H.Cushing Addition) The ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion that the Council refer back to the original ordinance. Seconded by Councilman Muszynski. Motion carried. (Continued on next page) MEETING NO. 4085 AN ORDINANCE AMENDING ORDINANCE #3702 ADOPTED BY THE COMMON COUNCIL ON THE 13TH DAY OF JUNE, 1949. (Lot 8 and part of Lot 7, A.H.Cushing Addition) APRIL 23RD, 1956 e ordinance having had first and second reading, was given third reading and passed by a roll call vote of ayes, 0 nays, 2 absent. NO. 4086 AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY CALLED THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Lots 1 - 11, incl., Whitcomb & Keller S.Main St. sub., being part of John E. Walt's Revised Add., and lots 13 -22 incl., L.J.Tasher's Second Add.) e Ordinance was given first reading by title and second reading in full. Councilman Glass made a motion for spension of rules. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 7 ayes, nays, 2-absent. The Ordinance was given third reading and passed by a roll call vote of 7 ayes - 0 nays, 2 absent. NO. _408 AN ORDINANCE AMENDING ORDINANCE:AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (REAL ESTATE INVOLVED LOCATED AT SOUTHWEST CORNER OF GREENLAWN AND MISHAWAKA AVENUE) e Ordinance oas given first reading by title and second reading in full. Councilman Muszynski made a motion for spension of rules. Councilman Glass seconded the motion. Motion carried by a roll call vote of 7 ayes, 0 nays, absent. The ordinance was given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent. ORDINANCE NO. 4088 AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND LAYNE NQRTHERN FOR THE PURCHASE OF A 150 HORSE POWER AUXILLIARY MOTOR. e ordinance was given first reading by title and second reading in full. Councilman Carr made a motion for spension of rules. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 7 ayes, nays, 2 absent. The Ordinance was given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent. INANCE NO. 4089 AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND INTERNATIONAL HARVESTER FOR ONE TWO -TON CAB AND CHASSIS TRUCK e ordinance was given first reading by'title and second reading in full. Councilman Muszynski made a motion for spension of rules. Councilman Carr seconded the motion: Motion carried by a roll call vote of 7 ayes, 0 nays, absent. The ordinance was given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent. DINANCE AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND $3,040.00 TO FIRE DEPARTMENT Q -73 (SE FIRE STATION) $1,000.00; TO BOARD -OF HEALTH W -11 ASSISTANT CLERK $1,700.00; TO OFFICE OF CITY JUDGE E -363 OTHER OFFICE SUPPLIES (LAW.BOOKS) $340.00 ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR 1956, AND DECLARING AN EXTRA ORDINARY EMERGENCY. 'he Ordinance was given first reading by title and second reading in full. Councilman Carr made a motion that the )rdinance be referred to the Committee of the Whole for public hearing on May 14th, 1956. Motion seconded by ; ouncilman Muszynski. Motion carried. 'ETITION 'he Clerk presents to the Council a petition signed b�.� owners of taxible real estate in the City of South Bend, - equesting the Common Council to authorize the issu6Of bonds of the City of South Bend in an amount not exceeding hie Million ($1,000,000.00) Dollars, for the purpose of providing funds for the construction, reconstruction, ind improvement of streets and expenses in connection therewith. ncilVan Carr made a motion that said petition3 having been examined, be found sufficient and to be properly ified and certified, be approved and ordered filed. Councilman Muszynski seconded the motion. Motion carried. SOLUTION he Clerk presented to the Council a Resolution of the Board of Public Works and Safety pf the City of South Bend requesting the City Controller and the Common Council to take necessary action to provide the funds referred to in the above petition. �cilman Kroll made a motion that said resolution be accepted and placed on file. Councilman Muszynski seconded motion. Motion carried. The Clerk read a letter from Frank J. Bruggner, City Controller recommending that said bond issuance be made in the amount of One Million ($1,000,000.00) Dollars, and submitted therewith a form of Ordinance drawn for that Ipurpose . 110 REGULAR MEETING APRIL 23RD, 1956 Councilman Carr made a motion that said Communication be accepted and placed on file. Seconded by Councilman Kroll. Motion carried. The Clerk presented to the Council the Certificate of Richard F. Kleiser, County Auditor, certifying that he had examined the petition in several counterparts addressed to the Common Council, requesting the Council to authorize the issue of said bonds; and further certifying that he had examined and compared signatures on each of the counter- parts of said petition with tax records; and that each counterpart is verified by the affidavit of the owner of taxable real estate located within the corporate limits of the City of South Bend, Indiana, and an itemization thereof. Councilman Carr moved that the certificate of the Auditor of St. Joseph County, Indiana, be found sufficient, be approved, accepted and ordered placed on file. Councilman Kroll seconded the motion. Motion carried. ORDINANCE NO. 4090 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF SAID CITY FOR THE PURPOSE OF PROVIDING FUNDS TO BE APPLIED TO THE COST OF CONSTRUCTION, RE- CONSTRUCTION AND IMPROVEMENT OF STREETS, AND EXPENSES INCURRED IN CONNECTION THEREWITH. The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension of-rules. Councilman Carr seconded the motion. Motion carried by a roll call vote of 7 ayes, 0 nays, 2 absent., The Ordinance was given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent. UNFINISHED BUSINESS Mr. Irving_J. Smith, City Attorney, read a report from Mr. Miller, Traffic Engineer relative to Railroad crossings surveys.- adding additional information to his previous report. Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Carr seconded the motion. Motion carried. NEW BUSINESS: Councilman Tellson made a motion that the Board of Public Works and Safety investigate the burning of trash by Hoffman Brothers Garage on Eddy Street. Councilman Glass seconded the motion. Motion carried. Councilman Tellson made a motion to petition the Board of Public Works and Safety to install a traffic signal at the intersection of South Bend Avenue and St. Louis Bled. Councilman Glass seconded the motion. Motion carried. There being no further-business before the Council, Councilman Christman made a motion to adjourn. Councilman Muszynski seconded the motion. Motion carried and the meeting adjourned at 10:26 P.M. ATTEST: ATTEST: CLERK /PRES V V ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------