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Home My WebLink About10-22-56 Council Meeting MinutesREGULAR MEETING OCTOBER 22nd, 1956 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chamber, Monday, October 22nd, 1956, at 8:54 P.M., C.D.S.T. (7:54 P.M., C.S.T.) with all members present. The meeting was called to order by President Stanley C. Korpal, who presided. REPORT OF C OYM! TTTRr M MTT\TTTT, C . 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, STANLEY C. KORPAL GEORGE W. CARER JULIUS B. CHRISTMAN, JR. Councilman Muszynski made a motion_ that the rpport be accepted' and placed on file. Councilman Glass seconded the :notion. Motion carried. CONTROLLER'S REPORT: FOR THE MONTH_ OF SEPTEMBER, 1956 TO: The Council.. Balance on hand'first of month . . . . . . . . . . . . . . . . . . . .82,659,924.26 Rec6ipts during month . . . . . . . . . . . . . . . . • . . . • . . • . . . • . . • . • . • • • . . . • . . . .$ 568,088.98 Disbursements. . . . . . . . . . . . . . . . . . . . . . . . . $1,030,307.55 Balance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,1961202.70 Motion Iiy Councilman Muszynski that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE W'_ -IDLE To the Common Council of the City.of South Bend; Your Committee of the Whole to whom was referred An Ordinance to rezone Lot 5 on the Plat of Burroughs Subdivision from B Residential to C Commercial-- Drinaki_, reppectfully report that they have examined the matter and that in their opinion it should be reported as favorable. George W. Carr, Chairman. Councilman Erler made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT. _ OF THE COMMIT'TXE OF THE WHOLE: : To the Common Council of the City of South Bnd: Your Committee of the Whole to whom was referred An Ordinance to rezone a tract of land located on the South Side of Lincolnway West, West of Iowa street's : from B Residental to C Commercial and E Height and area District - - -- -Ben and Rose Medow, respectfi ?11y report that they have examined the matter and that in their opinion it should be reported as stricken From record.. George W. Carr, Chairman. REGULAR FETING OCTOBER 22nd, 1956 Councilman Muszynski made a motion that the report be accepted and placed or.. file. Councilman Erler seconded the motion. Motion. carried. REPORT OF THE COMMITTEE 77 'FHE WHOLE: To the Common Council of the City of South Bend: Your Committee of the whole to wnorn was referred. An Ordinance to rezone a tract of land on the south side of Lincolnway TJest between Knoblock street and .S11.eridan Ave, From B Residential to C Commercial Use District -- Theist, respectfully report that they have exa-mined the matte and that in their opinion it should be reported as stricken. - E'o'n_ the record. GEORGE TJ CARR, Chairman Councilman Muszynski made a. motion that the report be accepted and placed on file. Councilman E-r.ler seconded the motion. Motion carried. REPORT OF THE COMMTTTEE OF THE `-;VIOL E : To t�?.e Common Council of the City of South '-yen Your T�� °- rred An i to rezone -^, tract of lend on the SoUti Side of Lincoln+ ?a ^amm> ttee of the ':,?hole to glom .1 r.__e,. _ Ordinance Hance _. y T,Jest between r F` lcon and K?n'lrar- St-eets, COT A Residential to % CaT,lIllerCi.ai-- HartTnan , respectfully report that they have 2x <FilnPri t_1te Tll: ^t.t °r a.n `L,_a in t`l._'r Op l_n OTl it SiOUA�! 0�: r._pOrtE_Cs as StYlCtGeli 3..0:1 the record. GEORGE r ^1. CARR, Chairman Council-man Kroll made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion. carried. ORDTNA17CES., THIRD READING All of the ordinances set. for third reading and considered in the Committee of the Whole, were tabled until the next meeting, November 8, 1956. REPORT Oi= CITY PLAN COMMISSION: The Honorable Common Council City of South Bend October 22,' 1956 South Bend, Indiana Gentlemen.: The attached petition of American Shopping Centers, Inc., to zone from "A" Residential District and "A" Height and Area District to "C -2" Planned Shopping Center District approximately 37 acres, was legally advertised under date of October 9, 1955, and given public hearing at a special meeting of the Planning Commission on October 19, 1956. After full deliberationand on motion duly made, seconded, and unanimously carried, the following findings were adopted.. 1. That the property values in the surrounding residential districts will be protected and preserved: 2.;,.That the intexrt of the Common Council as set forth in Section 4 -B, 1 (c) of Ordinance No. 3702, as amended, will I e` effectuated by zoning the subject property to "C -2" District; 3. That there does not now exist in subject property any use which would be non - conforming under the terms of Section 4 -B; 4. That subject property contains more than 3 acres; 5. That the subject property has an average width in excess of 200 feet and all boundary lines are in excess of 100 feet in length; 6. That the subject property does not lie on two sides of a public street or alley; 7. That the proponents of the proposed shopping center_ have submitted an economic analysis prepared by Real Estate Research Corporation, 73 West Monroe Street, Chicago, 3, Illinois, and that said analysts are reputable. Although .the analysis was originally prepared in September, 1954 and supplemented by a letter under date of March 29, 1955, these has been no change in conditions which would substantially affect the findings of the analysis, and that the analysis is acceptable for the purpose of the petition; 8. That the economic analysis is sound in method and substantiates the sales volume potential. On the basis of the market analysis, a shopping center of the proposed size on subject property is feasible; 9. That there is no certainty as to whether the proposed shopping center nearby in Mishawaka will be constructed; 10. That the proponents of the shopping center have submitted a traffic analysis which is sound in method, and was prepared in September, 1955, by Associated Consultants, Traffic and Transportation Engineers, 415 Church Street, Evanston, Illinois, and that the consultants are reputable; 11. That although the traffic analysis was prepared under date of September, 1955, there has been no change in con- ditions which would substantially affect the findings of the analysis, and that the analysis is acceptable for the purposes of the petition; 12. That the proponents have submitted a, development plan of the proposed shopping center, which is accepted as a development plan, and that the said plan meets the requirements of Sub- sections 5, 7, 8, 9, 12, and all other sec- tions applicable, of Ordinance No. 37 02, Section 4 -B, and should be given tentative approval; 12. That the proposed commercial distrcit will serve the surrounding residential districts and reduce parking and traffic congestion to a minimum, by virtue of a consolidated con—inercial area; 14. That the proponent has sufficient financial responsibility to carry the proposal to completion; 15. That shopping center on subject property, will be conveniently a.cces�ible and will -further the general wel:`_a.r.e; 16. That the grantir_- of ti,e petition would not single out one lot or small piece of property for a use which is inconsistent with the use to orhich the rest of the area is restricted. The =,ranting =he petition does not, there - _OrP, constitute "spot- zoning ". h!. line dividing zoning districts i -.iUst obviously be drawn somewhere; 17. That "strip and spot -zon_n , with tsei- social and economic waste and lessenins of the a.:aenities of residen- tial neighborhoods, will be discoura:ced v t'-.in the primary trade area of the proposed shopping center; 18. That, because o:` required and proposed f-ont, side, and rear yard setbacks and planting screen barriers on subject property, there will be no unsightly view which would.. adversely affect the properties in the residential area_; 19. That City sewers adjacent to the site are adequate in present and future capacity to accommodate the proposed center. Adequate City water is likewise available; 20. That the subject petition complies with t'e intent of an meets the applicable conditions of Section 4 -B, Sub- section "C -2 ", of Ordinance No. 3702, as amended, and as required before a zoning change is granted. It was therefore :coved, seconded, and unanimously carried t hat the petition be recommended favorably to the Common Council. RLH:aed Attachment: Petition Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director - Secretary Motion by Councilman Kroll that the -report be accepted and placed on file. Councilman Carr seconded the motion. Motion carried. REPORT OF CITY'PLANNING COMMISSION Honorable Com-non Council City of South October 22, 1956 South Bend, Indiana Gentlemen;,.._, The attached ordinance, originated by your City Planning Commission, was legally advertised under date of September 24, 1956, and given public hearing under date of October 4, 1956. The Ordinance seeks tQ annex land to the City of South Bend, generally described as follows: South of the present city limits line, East of Michigan Street, and North of Walter Street, consisting of 15.35 acres constituting a part of Pierre Navarre,,Park, and 2.7 acres of privately owned property. The adoption of the ordinance was favorably recommended by your Planning Commission. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff 4`..- Robert L. Huff Director- Secretary RLH:aed Attachment: Ordinance Councilman Carr made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING: AN ORDINANCE AMENDING ORDINANCE NO. OF SOUTH BEND, INDIANA (American Shopping Centers, Inc., 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY Part of the W2 of the NE-14 of Sec.8, Twp 37 N., R.3 E.) The Ordinance was given first reading by title and second reading in full. Councilman Carr made a motion that the Ordinance be set for public hearing at the next meeting. Councilman Erler seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING ORDINANCE ANNEXING LANDS TO TITTM DECLARING S!- TO BE A PART OF THE CITY OF SOUTH BEND, INDIANA (Pierre Navarre Park - --) The Ordinance was given first reading by title ane' second reading in Bull. Councilman Carr made a motion that the Ordinance be set for public hearing at the next meeting. Councilman Kroll seconded the motion. Motion c=.rrie_!1. Councilman Kroll made a motion for a recess of 3 minutes. Councilman Carr seconded the motion. Motion carried and the Council recessed at 9:14 P.M., C.S.T. The Council reconvened at 9:17 P.M., C.S.T. Councilman Carr made a motion that to the fact that the next re,ul it a. le-al Holiday since Armistice or the motion. motion car--ied. the next '4e_etinr O-r Veteran's :oun.c i_i "_^ee_ti.ng be a Special Called meeting on November 9, 1956, due the "0.1T1C1.L -,Jould fall On T0'J ^_ ^t: E'_7r 12117, Ti ?7Oi?- it'OUld be O`Se "`Ji�a &.S P_ ^y, November 11th, falls on Sunday. Counc iim."Li , "Uszynski Seconded Councilman Carr made a motion that the action impaeIiately heretofore adop'r_e:-t setting the meeting da.y o- the Council for November 9th., 19 6, be set as7_ "_._ an!` 'll iletng Set for November °, 19x6. Councilman 'ug7ynSC1 seconded tt' ei :notion. MTotlon carripi. Councilman Carr mar':.- a motion that the Board of `'Or7tS check with the ail-Coads on c -.re an(' maintenance of cross - walks. Councilman Kroll Seconded the motion. motion. Carried. `. ouncilman Kroll retuested that the Board of t`%orks instruct the Pl ar'c D-partmient to fix the ' ranks at %aley Schoo" Councilman Carr suggested that a plan for-- the future use of property be submitted with the Petition for rezoning at the time of filing so that the Plan Commission and the Council will know what consideration to give the petition. 1189 REGULAR 1,TF-EITNG OCTOBER 22. 1996 Mr. Farr Further stated that it is the A.esire oF all the Councilmnan to have the best City possible !md to be alble, to act on the zoninc. petitions, it is only right that they should be advised of the future use or the property and have a rle`inite plan of the type of structure to occupy subject property, Councilman Carr mpde to adjourn. Councilinan Kroll seconded the motion. Potion Carr led and the m4eeting adjourned at 10:47 P.M., C.D.S.T. ATTEST: APPROVED: CLERK P R E S I D E WNTTII