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HomeMy WebLinkAbout06-10-57 Council Meeting MinutesCLERK REGULAR MEETING JUNE 10, 1957 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers, Monday, June 10, 1957, at 8:27 P.M., C.D.S.T., with all members present. President Stanley C. Korpal, called the meeting to order and presided. ROLL CALL: PRESENT: Councilmen Korpal, Carr, Tellson, Christman, Kroll, Glass, Hahn, Erler and Muszynski. ABSENT: None. MINUTES: 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. Stanley C. Korpal Julius B. Christman, Jr. : Committee G. W. Carr Councilman Hahn made a motion that the report be accepted and placed on file. Councilman Erler seconded the motion. Motion carried', PETITION Petition of Marshall Heights Realty Company to amend zoning Ordinance on recently annexed land to "A" Residential. Councilman. ,Kroll made a motion that the petition be referred to the City Planning Commission. Councilman Erler second ed the motion. Motion carried. PETITION' Petition of Loyal Order of Moose, South Bend Lodge #58 to rezone a tract of land on Lincolnway West from "A" Residen- tial to "B" Residential. Councilman Christman made a motion that the petition be referred to the City Planning Commission. Councilman Glass seconded the motion. Motion carried. REPORT OF CONTROLLER To the Common Council: Balance on Hand first of Month ........................ ............................... ..................$2,459,893.49 Receiptsduring.mo�th .................................................................................. $1,871,404.78 DiAu' rsements during month . ............................... ......................... ..................$2,156,081.99 Balance on Hand May 1, 1957 .......... ................... ............................ ..................$2,175,216.28 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Hahn seconded the motion. Motion carried. REPORT OF COMMITTEE OF WHOLE: To the Common Counci$'--of the City of South Bend: Your Committee of the Whole, to whom was referred AN ORDINANCE appropriating from the General Fund $306.66 to office of City Judge Account E -212 Postage, Respectfully report that they have examined the matter and that in their opinion it should be referred to Ways and Means Committee for further study. /s/ G. W. Carr, Chairman Councilman Erler made a motion that the Report be accepted and placed on file. Councilman Hahn seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION'? The Honorable Common Council 7 June 1957 City of South Bend ISouth Bend, Indiana Gentlemen: The attached petition of Hartman Builders Inc., to rezone from "B" Residential to "C" Commercial certain properties on the South side of Lincoln Way West was legally advertised under date of 27 May 1957, and given public hearing on 6 June 1957, Subject properties are generally described as being lots 23, 24 and 25 of Alwards Addition, and in addi- tion 250 front feet more or less east of Illinois Street extended south; and in addition 610 front feet more or less between Elwood and Sheridan Streets, all on the south side of Lincoln Way West. The following action was taken: After due consideration the Commission found that: (1) Because property is on a fairly heavily traveled street is not sufficient reason to invalidate residential zoning. (2) There is no documentation in present trends or historic fact that Lincoln Way throughout most of its length will eventually be commercial. (3) That in the immediate vicinity of subject property there exists to the east approximately 2,400 front feet of commercially zoned property, of which approximately 660 feet are vacant; and that immediately to the west of subject property there exists approximately 5,000 front feet of commercially or industrially zoned property, of which 3,320 front feet are vacant. (4) That all the property across Lincoln Way West from subject properties are zoned and used for single family residence and that 11 the property south of subject properties is zoned multi- family residential ;and used for single or multi - family purposes. (5) That a public school and a parochial school is under construction in the area and that the best land use surrounding schools is residential. -=(6) The Commission therefore found that there is clearly no need for additional commercial zoning in the vicinity in as much as the land commercially zoned within the city since 1924 and still not used for com- mercial purposes is a clear indication of the lack of need for additional commercial zoning, and that the existing and future use of the land would best serve the general welfare if said land were used residential- ly. It was therefore moved, seconded, and unanimously carried that the petition be recommended unfavorably. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director- Secretary RLH /mng Attachment Petition Attachment Remonstrance Petition with 190 signatures Letter - Msgr. John J. Sabo' Councilman Carr made a motion that the report be accepted and placed on file. Councilman Christman seconded the mot Motion carried. REPORT OF CITY PLANING COMMISSION The Honorable Common Council 7 June 1957 City of South Bend South Bend,. Indiana Gentlemen: The attached petition of Mathew J. and Clara M. Nowak to zone from "B" Residential to "C" Commercial approximately 170 front feet of land on the south side of Lincolnway West, east of the intersection of Sheridan and Lincoln Way West; was legally advertised on 27 May 1957 and given public hearing under date of 6 June 1957, The following action was taken: RLH /mng Attachment The Commission declared their findings to be the same as those-of the Fiwek, Vogt, Benassi, Doty and Hartman Petitions. It was therefore moved, seconded and unanimously carried that the petition be recommended unfavorably. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Director- Secretary Councilman Carr made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The attached petition of Richard R. Vogt to zone from "B" Residential to "C" Commercial approximately 70 front feet of land on the south side of Lincoln Way West between Illinois and Sheridan Streets; was legally advertised on 27 May 1957 and given public hearing under date of 6 June 1957. The following action was taken: The Commission declared their findings to be the same as those of the Benassi, Doty and Hartman petitions. It was therefore moved, seconded and unanimously carried that the petition be recommended unfavorably. Very truly yours, CITY PLANNING COMMISSION RLH /mng -- Attachment /s/ Robert L. Huff, Director- Secretary Councilman Carr made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South ,Bend, Indiana Gentlemen: 7 June 1957 The attached petition of Leslie H. Doty to zone from "B" Residential to "C "Commercial approximately 312 front feet of land on the south side of Lincolnway West between Illinois Street extended south and Falcon Street; was legally ad- vertised on 27 May 1957 and given public hearing under date of 6 June 1957. The following action was taken: After due consideration, the Commission found that due to the close proximity of subject area to the subject area of the Hartman Builders Inc. petition, considered immediately before this petition, that their findings would, of necessity, be the same. It was therefore moved, seconded and unanimously carried that the petiton be recommended unfavorably. RLH /mng Attachment Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L, Huff Director - Secretary Councilman Glass made a motion that the report be accepted and placed on file. Councilman Erler seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of .South Bend, South Bend, Indiana Gentlemen: The attached petition of Leslie H. Doty to zone from "B" Residential to "C" Commercial approximately 152 front feet of land on the south side of Lincoln Way West between Illinois Street extended south and Falcon Street; was legally advertised on 27 May 1957, and given public hearing under date of 6 June 1957. The following action was taken: After due consideration, the Commission found that due to the close proximity of subject area to the subject area of the Hartman Builders, Inc., petition considered immediately before this petition, that their find- ings would, of necessity, be the same. It was therefore moved, seconded and unanimously carried that the petition be recommended unfavorably. RLA /mng Attachment. Very truly yours, /s /Robert L. Huff , Director- Secretary CITY PLANNING COMMISSION Councilman Hahn made a motion that the report be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend, South Bend, Indiana Gentlemen: 7 June, 1957 The attached petition of Clement C. and Virginia B. Fiwek to zone from "B "Residential to "C" Commercial approximately 90 front feet of land on the south side of Lincoln Way West between Illinois and Sheridan Streets; was legally advertised on 27 May 1957 and given public hearing under date of 6 June 1957. The following action was taken: The Commission declared their findings to be the same as those of the Vogt, Benassi, Doty and Hartman Petitions. RLH /mng Attachment It was therefore moved, seconded and unanimously carried that the petition be recommended unfavorably. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director - Secretary Councilman Glass made a motion that the Report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of Geno L. and Josephine A. Benassi and John R. Vogt to zone from "B" Residential to "C" Com- mercial approximately 165 front feet of land on the south side of Lincolnway West betwen Illinois and Sheridan Streets; was legally advertised on 27 May 1957, and given public hearing under date of 6 June, 1957. The following action was taken: After due consideration, the Commission found that due to the close proximity of subject area to the subject area of the Hartman Builders petition and the Leslie H. Doty petitions considered immediately before this petition; that their findings would, of necessity, be the same. It was therefore moved, seconded and unanimously carried that the petition be recommended unfavorably. RLH /mng Attachment Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director- Secretary Councilman Hahn made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: 7 June 1957 The attached petition of Gallitzen A and Nano G. Farabaugh was withdrawn before the Planning Commission at public hearing under date of 6 June 1957, by petitioners. RLH /mng Attachment - Petition Attachment - Withdrawal Motion Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director - Secretary Councilman Hahn made a motion that the report be accepted and placed on file. Councilman Erler seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: 7 June 1957 The attached petition of John G. Pence to zone from "A" Residential to "C" Commercial the property being generally described as a parcgl 150 front,feet on the south side of McKinley Avenue and 150 feet in depth; generally west of Manchester Drive extended southerly and adjacent to C -1 commercially zoned district; was legally advertised on 27 May 1957 and given public hearing under date of .6 June 1957. The following action was taken: After due consideration, the Commission found that due to the existence of proposed shopping center property immediately west of subject property and the commercial use on the north side of McKinley Avenue from said center, the existence of single family residential use and zoning in the large area surrounding subject property that there is a lack of demonstrated need for additional commercial land in the area. It was therefore moved, seconded and unanimously carried that the petition be recommended unfavorably. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff (DEG) Robert L. Huff Director - Secretary RLH /mng Attachment Councilman Glass made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION Honorable Common Council South Bend, Indiana Gentlemen:. 6 June 1957 At the 6 June meeting of your City Planning Commission, the petition of Frank Deguch was reconsidered and the follow- ing action taken: It was therefore moved, seconded and unanimously carried that the petition be recommended unfavorably. RLH /jkh Very truly yours, /s/ Robert L. Huff Robert L. Huff Director- Secretary Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Hahn seconded the mot Motion carried. REGULAR MEETING JUNE 10, 1957 REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: 7 June 1957 The attached petition of Blenke Brothers Realty Company, Inc., to annex to the City of South Bend a tract of land generally described as being from Albert Street North to the present city limits, situated between Michigan and Main Streets, was legally advertised on 27 May 1957, and given public hearing under date of 6 June 1957. The following action was taken: RLH /mng Attachment After due consideration the Commission found that the annexation was in the best social and economic interests of the City of South Bend. It was therefore moved, seconded, and unanimously carried that the petition be recommended unfavorably. 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. Councilman Glass seconded the motion. Motion carried. REPORT" Councilman Carr, member of the Transportation Committee, read the following communication and then presented same to Councilman Kroll, Chairman of the Transportation Committee, for study. Councilman'George Carr South Bend, Indiana Dear Mr. Carr: June 10, 1957 The Municipal Code of South Bend lists the following under boulevards, Sec. 83, Trucks Prohibited from Using Boule- vards - all trucks and heavily laden vehicles are prohibited by order of the Park Board on the boulevards of the City of South Bend. (Ordinance 3146 sec. 74) Ordinance Number 3146 sec. 74 lists the boulevards as follows: Angela - Portage to Notre Dame Corby - Niles Ave. to St. Louis Franklin - South to Monroe (has been vacated) High St. - Indiana to Ewinp Jefferson'- Bridge to Greenlawn Lafayette Monroe to the River X� Niles Ave. " - Corby to Howard North Shore Drive - Niles Ave. to Angela North Side Blvd. - St. Louis South Riverside - Marion north to City Limits South Street - Lafayette to William St. Louis,- North Side Blvd. to Corby Wilber - Portage to Keller In addition to the boulevards listed in ordinance 3146, two additional boulevards were, to the best of my knowledge, established by the Common Council. These are Olive -Street, Ordinance number 3551, and Ewing Avenue, Ordinance number 3895 as amended. Copies of both ordinances are enclosed. In addition there are streets and highways in the City of South Bend, that are named boulevards but are not included in the boulevard system of the Park Department, and were not established as boulevards by the Common Council in the same sense as Olive Street and Ewing Avenue. That is, by special ordinance. A few of these streets and highways as listed on our City Map are as follows: Chimes Boulevard, Marquette Boulevard, Oakwood Boulevard, Woodlawn Boulevard, Kessler Boulevard, McKinley Boulevard, Prast Boulevard and Erskine Boulevard. EHM/ f Enc. -2 ORDINANCE Ernest H. Miller Traffic Engineer AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Lincolnway West - seven parcels of land) 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 June 24, 1957. Councilman Glass 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$ (REAL ESTATE INVOLVED LOCATED ON THE SOUTH SIDE OF MC KINLEY HIGHWAY AND EAST OF MANCHESTER DRIVE CONTINUED ACROSS MC KINLEY HIGHWAY) The Ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion that the Ordinance be set for public hearing on June 24, 1957. Councilman Carr seconded the motion. Motion carried. MEETING JUNE 10, 1957 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SOUTH BEND, INDIANA (Albert Street North to City Limits, between Main and Michigan Streets) 1244 e Ordinance was given first reading by title and second reading in full. Councilman Erler made a motion that the dinance be set for public hearing on June 24-, 1957. Councilman Muszynski seconded the motion. Motion carried. 4168 AN ORDINANCE AUTHORIZING THE SALE OF A TRACT OF LAND OWNED BY THE MUNICIPAL CITY OF SOUTH BEND LOCATED IN THE CITY OF SOUT BEND, ST. JOSEPH COUNTY, INDIANA, DESCRIBED AS FOLLOWS: All that part of Lot Numbered Fifty -seven (57) in Jefferson Heights Addition to the City of South Bend, which lies South of the South line of Colfax Avenue. he 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 then given third reading and passed by a roll call vote of 9 ayes, 0 nays. AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND $1,125.00 TO OFFICE OF CITY CLERK, ACCOUNT NO. C -11, SALARY OF CITY CLERK, ALL OF THE BUDGET FOR THE ` CIVIL CITY OF SOUTH BEND, INDIANA, FOR 1957, AND DECLARING AN EXTRAORDINARY EMERGENCY. Ordinance was given first reading by title and second reading in full. Councilman Carr made a motion that the nance beset for public hearing on June 24, 1957. Councilman Muszynski seconded the motion. Motion carried. I IORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 2243 COMMONLY KNOWN AS THE BUILDING CODE OF THE CITY OF SOUTH BEND, INDIANA. ilman Carr made a motion to waive the 48 hour rule of the Council regarding receipt of copies of the Ordinance. ilman Erler seconded the motion. Motion Carried. The Clerk then gave the Ordinance first reading by title and second reading in full. Councilman Carr made a motion that the Ordinance be set for public hearing on June 24, 1957. Councilman Muszynski seconded the motion. Motion carried. OLD BUSINESS Councilman Kroll stated that the Resolution governing temporary use of Olive Street by intra -city trucks has not been 'signed as yet and that traffic on Olive reverts back to its original status. Councilman Kroll made a motion that the Board of Public Works and Safety be• instructed to enforce any ordinances in effect at this time. Council - man Muszynski seconded the motion. Lotion carried. Councilman Glass statdd that some commercial trucks are using some type of dome flashers that are also used by the Police and Fire Department emergency vehicles. Mr. Glass asked the Mr. Smith, City Attorney, prepare an Ordinance controlling use of this type of flasher. Councilman Muszynski made a motion that the City Engineer and the Board of Public Works and Safety be instructed to make an investigation relative to sewer installation on Falcoln Street between Western Avenue and Jefferson Street, and to report back to the Council within two weeks. Councilman Carr seconded the motion. Motion carried. There being no further business before the Council, Councilman Glass made a motion to adjourn. Councilman Carr seconded the motion. Motion carried and the Regular meeting of the Common Council adjourned at 9:31 P.M., C.D.S.T ATTEST: APPROVED f�J CLERK PRESIDENT