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Home My WebLink About02-28-49 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend, Indiana, abet in regular session in the Council Chamber, February 28th, 1949,,at 8:15 P.M. with all members present. President Erler presided. The reading of the minutes of the previous meeting was waived. COMMUNICATION City Council of South Bend, Indiana Gentlement February 19, 1949 We have received here a resolution in regard to House Bill Number # 17 in the House of Representatives which we are forwarding to Paul C. Moellering, a representative of Allep County who is a member of the committee to which this bill was reported. Please accept our thanks for your assistance by the passing of this resolution. Sincerely yours, LEE J. NINDE (Signed) Executive Vice - •President Councilman Niezgodski made a motion to accept the> letter. !Councilman Muszynski seconded the motion. Motion carried. COMMUNICATION Hon. Chester Muszynski Common Council of South Bend South Bend, Indiana Dear Mr. Muszynski t February 18, 1949 The historical flag which was on display on House of Representatives Building, Washington,.D. C., -.on Inauguration Day,.Janua ry 20,.1949, will be presented to Hallers Post 125 Polish Army Veterans, of this City, by Mayor George A. Schock, Wednesday evening, February 23, 19494 Could you bring this matter before Common Council of City of South Bend, Indiana, so that in behalf of the City of South Bend congratulations could be conveyed to Hallers Post 125 of Polish Army Veterans, at regular meeting of the Common Council, Monday, February 28, 1949, for becoming possessors of the American Flag, which will be historical to the Hallers Post 125 of the Polish Army Veterans of South Bend, Indiana. , Yours - truly, (Signed) I. K. WEMNSKI Councilman Tellson made a motion that the communication be accepted and placed on file and the Clerk be instructed to send a letter of congratulations to the Hallers Post 125 Polish Army Veterans. Councilman Glass seconded the motion. Motion carried. COMMUNICATION The South Bend City Council T % South Bend City Clerk South Bend, Indiana Gentlemen: February 19, 1949 The members 6f the St. Joseph County chapter of Americans For Democratic Action, in a general membership meeting February 18, 1949, passed unanimously the following Resolution; ft "Whereas, Wre consider a responsible executive necessary to good municipal gover ; and Whereas, it has been publicly stated that the South Bend City Councilmen and the Democratio members of the State Legislature. from St. Joseph County are agreed in desiring to curtail the appointive power of the Mayors of second class cities; and 'Whereas, such action would diffuse responsibility and make for inefficiency in administration; therefore be it Resolved, that it is the opinion of the St. Joseph County Chapter of Americans for Zemocratic Action, that a curtailing of the appointive power of said municipal executives would be against the best interests of the citizens concerned; and be it further Resolved that copies of this resoltuion be sent to the legislative delegation, in care of Senator Laldoni, and to the South Bend City Council, in care of the South Bend City Clerk, Mayme DWont". 'Respectfully yours, (Signed) DEVERE T. PLUNKETT, Secretary Councilman Tellson made a motion that the Clerk be instructed to reply to the writer of the letter from the Americans for Democratic Action stating that the Council has nothing on record opposing or objecting to any appointments by the Mayor. Councilman Glass seconded the motion. Motion carried. PETITION STATE OF INDIANA ) SS PETITION FOR REZONING ST. JOSEPH {COUNTY) TO THE COMWON COUNCIL OF THE CITY OF SOUTH BEND: The undersigned, South Bend Current Controller Company, hereby petitions for the change of zoning classification of the following described real estate situated in the City of South Bend, St. Joseph County, State of Indiana, to-wit: Lots numbered 38, 399 40, 41, 42, 43, 44 and 45 as shown on the recorded Plat of Baker & MoHenryts Addition to said City, from "B" Use District and "A" Height and Area District, to "D" Use Ji.strict and "E" Height and Area District, and in support of said petition respectfully shows to your Honorable Body that it is the owner in fee simple of said above described real estate; that your petitioner is also the owner of Lots 46, 47, 489 49, 50 and 51 in said Addition, which lots are now zoned for "D" Use District and "E" Height and Area District. Your petitioner further shows that it has heretofore constructed on Lots 480 49, 50 and 51 a moderate, one- story brick and glass building, fronting on North Side Boulevard; that your petitioner conducts therein a manufacturing business; that all of the lots hereinabove described are contiguous to said property on which said petitioner now conducts its business; that each of said lots is 40 feet in width and 119.95 feet in length. Dated at South Bend, Indiana, this 25th day of February, 1949. SOUTH BEND CURRENT CONTROLLER COMPANY BY LESTER W. QUIN, Secretary Councilman Glass made a motion that the petition be referred to the City Plan Commission. Councilman Niezgodski seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bends. February 28, 1949 Your.Committee of the Whole . to whom was referred "An Ordinance appropriating from the General Street and Traffic Fund of the City of South Bend, Indiana, the sum of Eight Hundred Fifty Dollars ($850.00) to the following account of the 1949 budget: Street Department, 5 -51, Insurance, and declaring an extraordinary emergency ". Respectfully report that they have examined the matter and that in their opinion this ordinance should go to the Council as favorable. STANLEY C. KORPAL, Chairman Councilman Niezgodski made a motion to accept the report. Councilman Glass seconded the motion. Motion carried. REPORT OF THE CCHMITTEE OF THE WHOLE To the Common Council of the City of South Bendr February 28, 1949 Your Committee of the Whole to whom was referred '"AN ORDINANCE AMENDING ORDINANCE #2331 (AS AMENDED) COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA ". (Pinhook Manor) Respectfully report that they have examined the matter and that in their opinion this ordinance should go to the Council as unfavorable, and that the report be returned to the City Plan Commission. STANLEY Co KORPAL, Chairman Councilman Kemper made a motion to accept the report. Councilman Bestle seconded the motion. Motion carried. REPORT OF BOARD OF PUBLIC WORKS AVD SAFETY Members -of the Common Council 'City Hall South Bend, Indiana Gentlemens. February 25, 1949 Attached hereto please find copies of reports submitted by Mr. William Qualls, Electrical Superintendent, on petitions for streets lights at the following locations Meade and Napier Streets; Webtterand Lake Streets; York Road and Ridgedale Road on southrwest corner; York Road and Garland "Road on north -east corner; South Bend Avenue between Corby and Notre Dame Avenue; South Bend Avenue and Frances Street; Portage and Yukon Streets; Randolph and Clyde Streets. The Board approved these installations and directed Mr. Qualls to order them in. Mr. Qualls also informed the Board that lights ordered in at Parry Street at South -Bend; Monroe Street at first alley west of Twykenham; Sample and Kenmore; Dunham and Kenmore; Wellington and Dunham; Wellington and Belle Vista; Wellington and Sample Streets; Illinois and Belle Vista; Illinois and Dunham; Illinois and Sample Streets; Kemble Avenue at alley between Calvert and Donald Streets; Carlisle and Delaware Streets# Thirty"sixth and North Side Blvd; Sherrill and Chapin Streets; Bertrand and Johnson Streets had been installed and are now in service - Yours very truly, BOARD OF PUBLIC WORKS AND SAFETY Freda G. Noble, Clerk Councilman Korpal made a motion to accept the report. Councilman Glass seconded the motion. Motion carried. REPORT OF BUILDING CODE COMMITTEE AND CITY PLAN COMMISSION South Bead Common Council Gentlemen: November 4, 1948 Subject: VAN PACKER CHIMNEY The above captioned subject referred to the City Plan Commission for consideration was discussed with the joint code committee and we wish to report as follows: The sponsors of the Van Packer Chimney have submitted evidence that their product has been approved by the State Administrative Building Council. It is our feeling that the approval has been as a material only, and it will still be subject to the same installation procedure of any recognized material used for chimney flues. Further, the joint code committee is now working on a new city building ordinance in which the State Administrative Building Code will be adopted in full. With this intention the City Plan Commission proposes to offer for your consideration at an early date an ordinance adopting all of the measures in the State Administrative Building Code and voiding all of the subjects in the city code in conflict with said state code. This will be an interim measure until the final city code is ready for presentation for your action. ED 1949 Therefore, it is recommended that the Council refuse to enact the ordinance proposed by the manufacturer of the Van Packer Chimney as it will automatically be covered when the interim ordinance is written• Respectfully yours, CITY PLAN COMMISSION Walter M. Hildebrand, President D. Moomaw, Secretary Councilman Niezgodski made a motion to accept the report. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE ORDINANCE AMENDING ORDINANCE # 2331. (AS AMENDED) COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (PINHOOK MANOR) The ordinance was given third reading and lost by a roll call vote of 0 ayes - 8 nays (Eyler, Korpal, Tellson, Beetle, Niezgodski, Glass, Kemper and Muszynski). ORDINANCE N0, 3687 AN ORDINANCE APPROPRIATING FROM THE GENERAL STREET AND TRAFFIC FUND OF THE CITY OF SOEJTH BEND, INDIANA, THE SUM OF EIGHT HUNDRED FIFTY DOLLARS ($850.00) TO THE FOLLOWING ACCOUNT OF THE 1949 BUDGET: STREET DEPARTMENT, it- -51, INSURANCE, AND DECLARING AN EXTRAORDINARY EMERGENCY• The.ord.ins.nce was given third reading and passed by a roll call vote of 8 ayes - nays. ORDINANCE N0. 3688 AN ORDINANCE AMENDING ORDINANCE # 2,331 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA.(Lots 632 -633 in Summit Place Third Addition) The ordinance was given third reading and passed by a roll call vote of 8 ayes • 0 nays. ORDINANCE N0, 3689 AN ORDINANCE AMENDING ORDINANCE N0, 3571 ENTITLED AN ORDINANCE REGULATING METHODS OF DESIGN AND INSTALLATION OF WARM AIR, WINTER AIR CONDITIONING SYSTEMS AND OF GRAVITY WARM AIR HEATING SYSTEMS AND REGULATING THE ALTERATION, REPAIR, :REMODELING AND REPLACEMENT OF SUCH SYSTEMS OR PARTS OF SYSTEMS IN BUILDINGS OF THE CITY OF SOUTH BEND, INDIANA: PROVIDING PE14ALTIES FOR THE VIOLATION HEREOF; REPEALING ANY AND ALL ORDINANCES IN CONFLICT THEREWITH. The ordinance was given third reading and passed by a roll call vote of 6 ayes - 2 nays (Eyler & Kemper). MOTIONS Councilman Muszynski made a motion that the Streets and Alleys Committee assist the Board of Public Works and Safety relative to contacting the Studebaker Corporation for misuse of a manually operated sttnal light at the corner of.:Sample Street and the Studebaker Corporation, and that pedestrians driving cars have preference instead of cars passing through from the Studebaker plant. Councilman Beetle seconded the motion. Motion carried. Councilman Tellson made a motion that the Streets and Alleys Committee assist the Board of Public Works and Safety in conta ting firms relative to securing cinders for the Street .Department. Councilman Muszynski seconded the motion. Motion carried. There being no further business -Councilman Tellson made a motion to adjourn, which motion was seconded by Councilman Glass. Motion carried, and Council adjourned at 9:30 P.M, ATTEST: = I W0 W a - �' � W *Nw XMI APPROVED: PRESIDENT