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Home My WebLink About07-09-56 Council Meeting MinutesREGULAR MEETING -JnY 9TH. 1956 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular session in the Council Chamber, Monday, July 9th, 1956, at 8 :02 P.M. C.D.S.T. (7:02 P.M., C.S.T.), with all members present. 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 May 28th, 1956. PETITIONS PETITION TO REZONE LAND TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: GEORGE W. CARR STANLEY C. KORPAL COMMITTEE JULIUS B. CHRISTMAN,JR. The undersigned, Thomas L. Hickey, Jr., doing business under the firm name and style of Hickey Funeral Home, respectfully petitions your Honorable Council to amend Ordinance 3702 as it applies to the following described real estate, to -wit: Lot Numbered 30, lot Numbered 31, excepting 120 feet off of the entire Southerly end thereof, in'Kaley's Second- Lincolnway Addition:to the City of South Bend, Indiana, which tract of land has a frontage of 207 feet on Lincolnway West and extends in a Southerly direction 276 feet and is commonly known and described as 2702 Lincoln Way West. changing said described real estate from B- residential to C- commercial and from A- height and area to D- height and area. /s/ Thomas L. Hickey, Jr. Motion by Councilman Kroll that the petition be referred to the City Planning Commission. Motinn seconded by Councilman Carr. Motion carded. PETITION Petition of American Shopping Centers, Inc., to rezone a parcel of land in the W a of the NE-14 of Section 8, Township 37 North, Range 3 East, containing 35 acres from "A" Residential to "C -2" Planned Shopping Center District. Motion by Councilman Hahn that the petition be referred to the City Planning Commission. Motion seconded by Councilman Kroll. Motion carried, REPORT OF CITY_C0EROLLER: FOR THE MONTH OF MAY, 1956 TO: The Council: Balance on hand first of month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,767,253.40 Receipts during month . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,939,591.31 Disbursements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,029,374.52 Balance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . .$2,677,470.19 Motion by Councilman"'Erler, seconded by Councilman Muszynski, that the report be accepted and placed on file. Motion carried. REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South Bend, July 6, 1956 South Bend, Indiana Gentlemen: Attached ordinance relative to fences and walls was legally advertised under date of 25 June, 1956, and public hearing held by your Planning Commission under date of 5 July, 1956. The ordinance amended the Zoning Ordinance 3702 was initiated by your Planning Commission under provisions of Chapter 174, Acts of 1947, and is recommended for adoption. RLH:mk Very truly yours, CITY PLANNING COMMISSION js/ Robert L. Huff Director of Planning Motion by Councilman Hahn, seconded by Councilman Erler, that the report be accepted and placed on file. Motion carried. REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: Attached petition of C. W. Marosz and S. M. Simpson to zone lot 4 in Rupel`s second addition and lots 1, 2 and 3 in Moons first addition from "B" Use District to "C" Commercial and "E" Height and Area District was legally ad- REGULAR MEETING JULY 9TH, 1956 vertised on 25 June, 1956, and public hearing held on 5 July , 1956. The Commission found that subject property was entirely surrounded by commercial or industrial zoned property with the exception of two lots facing Brookfield Street and that substantial justice would be done by the adoption of the or- dinance supplementing petition. It was therefore moved, seconded, and unanimously carried that the petiton be favorably recommended. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Director of Planning RLH :mk Councilman Hahn made a motion that the report be accepted and placed on file. Motion seconded by Councilman Mus- zynski. Motion carried. REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South Bend South Bend, Indiana July 9, 1956 Attached petition of C. A. More to zone property located at 2112 Mishawaka Avenue from "B" Residential to "C" Com- mercial use was legally advertised under date of 25, June, 1956, and public hearing held by your Planning Commission on 5 July, 1956. Relative'to the petition the Commission found that there existed an adequate amount of commercially zoned -frontage on either side of Mishawaka Avenue from subject property east to Thirty Second Second Street, a dis- tance of ten,blocks. The Commission further found that a considerable amount of the aforementioned frontage was not used commercially, thereby clearly demonstrating the lack of need, on a neighborhood or community basis, for additional commercial frontage. The Commission further found that in general the same condition as mentioned above exists three blocks to the west of subject property wherein commercial frontage extends for approximately nine blocks. The Commission found that subject property was now used residentially and that petitioners desire to continue said usd'and, in addition, to erect a building on subject property which would be used commercially, which action would result in two principal uses on the same lot. This would be in conflict with the theory and intent of the zoning ordinance. The Commission further found that the granting of the ordinance zoning property to commercial would be an unwarranted, unnecessary, and unneeded intrusion into a residential area. It was therefore duly moved, seconded and unanimously carried that the petition be recommended unfavorably. Very truly yours, CITY PLANNING COMMISSION /s/ ROBERT L. HUFF RLH :mk Director of Planning Councilman Kroll made a motion that the report be accepted and placed on file. Motion seconded by Councilman HAn. Motion car`fied. REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: July 9, 1956 Attached petition of Place and Company to zone certain lands in recently annexed Twyckenham Hills section H was legally advertised under date of 25 June, 1956, and public hearing held on 5 July, 1956. The ordinance supplementing said petition which ordinance differs from the petition by excluding that part of petition relative to "B" Residen- tial Zoning is favorably recommended. RLH:mk Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Director of Planning Councilman Carr made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS "THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, (Fences and Walls) The 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. Councilman Carr seconded the motion. Motion carried. ORDINANCE NO. 4102 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND ( REAL ESTATE INVOLVED LOCATED ON THE SOUTH SIDE OF LINCOLNWAY WEST BETWEEN COLLEGE AND BROOKFIELD STREETS) The Ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion for suspen- sion of rules. Councilman Carr seconded the motion. Motion carried by a roll call vote of 9 ayes, 0 nays. The Ordinance was given third reading and passed by a roll call vote of 9 ayes and 0 nays. 1156 MEETING JULY 9th, 1956 ORDINANCE NO. 4103 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED ( Twyckenham Hills, Section G) 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 9 ayes, 0 nays. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays. ORDINANCE NO. 4104 AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND DELPHI BODY WORKS, DELPHI, INDIANA, FOR THE PURCHASE OF ONE HEAVY DUTY WATER CONSTRUCTION AND GENERAL MAINTENANCE BODY FOR $2,405.00 The Ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion for suspension of rules. Councilman Carr seconded the motion. Motion carried by a roll call vote of 9 ayes, 0 nays. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays. ORDINANCE 'AN ORDINANCE AUTHORIZING THE INSPECTOR OF SUB - STANDARD BUILDINGS AND DWELLINGS TO DEMOLISH AN UNSAFE BUILDING AND A REQUEST FOR ADDITIONAL APPROPRIATION TO PAY FOR SAME. The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion that the Ordinance by set for public hearing on July 23rd, 1956. Councilman Tellson seconded the motion. Motion carried. ORDINANCE AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND $1,424.00 TO OFFICE OF CONTROLLER B252, REPAIR OF EQUIPMENT $150.00, AND TO OFFICE EQUIP- MENT B725, $1,274.00, ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR 1956 AND DECLARING AN OR EMERGENCY. 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 July 23rd. Councilman Muszynski seconded the motion. Motion carried. OLD BUSINESS Don Illes appeared before the Council and stated that he had met with the Committee appointed by the President on the proposed Youth Council, but that they were not ready to give their report at this time. NEW BUSINESS � Councilman Glass stated that certain portions of Mishawaka Avenue were bumpy as a result of repairs made by the gas company. Mr. Raymond Andrystak, City Engineer, informed the Council that he would contact the gas Company and see that the repairs are properly made. Councilman Christman asked that the City Judge report to the Council at their regular meeting on July 23, 1956, whether the hiring of an additional Clerk in the Cafeteria Court had produced any additional revenue. There being no further business before the Council, Councilman Carr made a motion to adjourn, which motion was seconded by Councilman Hahn. Motion carried and the meeting adjourned at 8:53 P.M., C.D.S.T. (7:53 P.M., C.S.T.). ATTEST: CLERK APPROVED: PRES