HomeMy WebLinkAbout11-14-49 Council Meeting MinutesREGULAR MEETING NOVEMBER 14TH= 1949
Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the
Council Chamber, Monday, November 14th, 1949, at 8 :20 P.M. with all members present. President Erler
presided at the meeting.
MOTION
Councilman Niezgodski made a motion that the "Resolutions Directing the Housing Authority in the City of
South Bend, Indiana, to Cease and Desist" be read. Councilman Muszynski seconded the motion. Motion carried.
RESOLUTION.
A RESOLUTION DIRECTING-THE HOUSING AUTHORITY IN THE
CITY OF SOUTH BEND, INDIANA, TO CEASE AND DESIST.
WHEREAS, the Common Council of the City of South Bend, Indiana, has been advised that the Housing Authority
of the City of South Bend has failed to comply with the laws of the State of Indiana as duly enacted by the
Legisl ature of said State, which acts provide ".....that no Housing Authority shall initiate any project
under this act until the governing body of the city, town or county, as the case may be, has approved .such
project ". (Burns 1933, Volume 9, 1947, Cumulative Pocket Supplement 48 -8108 (h).)
WHEREAS, the Common Council of the City of South Bend has not approved the project initiated by said Housing
Authority, which project is located immediately West of Calvert and immediately South of Bruce Street, in the
City of South Bend, Indiana.
NOW, THEREFORE,. be it resolved by the Common Council of the City of South Bend, that:
The Housing Authority of the City of South Bend is hereby directed to
cease., refrain and desist from proceeding further with the establishment
of a Housing Project in the aforesaid area, or in any other area, until
such time as such project shall be approved by this Council.
` Councilman i[us"zynekt1 made `a motion that the Resolution be accepted and placed on file. Councilman Tellson
seconded the motion. Motion carried -
Councilman Niezgodski made a motion that the Resolution be referred to the Committee on Miscellaneous
Business. Councilman Kemper seconded the motion. Motion carried.
RESOLUTION
A RESOLUTION DIRECTING THE HOUSING AUTHORITY IN THE
CITY OF SOUTH BEND, INDIANA, TO CEASE AND DESIST.
AREAS, the Common Council of the City of South Bend,, Indiana, has been advised that there is no longer
existent a serious shortage of housing accommodations within the city limits of said City, and
WHEREAS, private enterprise is supplying and making available adequate housing accommodations within the
City of South Bend, and
WHEREAS, no definite steps have been taken by the Housing Authority of the City of South Bend to eliminate,
improve or repair slum areas, and,
WHEREAS, there is available at this time an adequate number of safe and sanitary dwelling accommodations
under the supervision and control of the South Bend Housing Authority, which accommodations can be made and
should be made available to families of low- income at rentals they can afford, and
WHEREAS, there is no further need, in the City of South Bend, for construction of new housing accommodations
for families of low- income at rentals which they can afford.
NOW, THEREFORE, be it resolved by the Common Council of the City of South Bend, that:_ The Housing Authority
of the City of South Bend is hereby directed to refrain, cease and desist from proceeding with the erection
of any new Housing Project within the corporate limits of the City of South Bend, Indiana.
Councilman Tellson made a motion that the Resolution be accepted and placed on file. Councilman Glass
seconded the motion. Motion carried.
Councilman- Niezgodski made a motion that the Resolution be referred to the Committee on Miscellaneous
Business. Councilman Muszynski seconded the motion. Motion oarried.
MOTION FOR RECESS
Councilman Kemper made a motion for a five minute recess. Councilman Glass seconded the motion.- Motion
carried, and Council adjourned at 8:32 P.M.
RECONVENED MEETING
Council reconvened at 8:45 P.M.
REPORT OF COMMITTEE ON MINUTES
To the Common Council of the City of South Bends
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 corr6ete They therefore recommend
that the same be approved.
WALTER C. 3RLER ) Committee
Meeting of: October 24th, 1949. ALBERT TELLSON )
Councilman Glass made a motion that the report be accepted. Councilman Tellson seconded the motion. Motion
carried.
PETITION
To the Common Council of the
City of South Bend
Your Petitioner, BENDIX LOCAL -#9, UAW -CIO of the International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America, respectfully shows to your Board that the following described real
estate, to -wits
Lots 85, 86, 87, and 88 as shown on the Recorded
Plat of Lincoln Manor, Second Addition to the
City of South Bend, Ste Joseph County, Indiana,
has heretofore been classified and zoned as "B" Residential and mAe Height and Area District.
YOUR PETITIONER respectfully requests that said zoning be changed to Commercial and "D" Height and area District.
THAT said Real Estate above described -lies on Frederickson Street between Goodland Street and Bendix Drivee
THAT your Petitioner is purchasing under contract the fee simple title to the above described real estate.
BENDIX LOCAL #9, UAE'- CIO,of;`the International Unibm, United
Automobile, .Aircraft and Agricultural Implement Workers of America.
BY: Pop Frankel, James He Reed, Charles Van DeVeire, Trustees
Councilman Niezgodski made a motion that the petition be referred to the City Plan Commission. Councilman
Glass secondedthe motion. Motion carried.
PETITION
The Honorable Common Council of thb City of South Bends,
We hereby petition your honorable body to annex to the City of South Bend the portion of the East one -half
() of the Northeast quarter () of the Northeast quarter (4) of Section 24, Township 37 North, Range 2 East
except the portion of said land already in the City.
The land above described is South of Ewing Avenue and West of Gertrude Street. We desire to build homes on
the West side of Gertrude Street and on Dorothy Street and will want some public utilities.
Respectfully submitted,
WHITCOMB & KELLER, INC.
BYs'Pied We Keller
President
Councilman Glass made a motion that the petition be referred to the City Plan Commission. Councilman Korpal
seconded the motion. Motion carried.
PETITION
City Planning Commission
City Hall
South Bend, Indiana
Gentlemen:
We, the undersigned, owners of the real estate hereinafter described, respectfully petition your Honorable
Commission that the following described real estate located in the City of South Bend, Ste Joseph Courkty,
Indiana, be changed from "B" residence, "A" height and area district to "D" use district, "E" height and area
district:
The following part of the East half (2) of a tract containing Seventeen (17)
acres more or less, taken off of and from the West side of the East half (2)
of the Northeast fractional quarter (4) lying North of the Ste Joseph River,
of fractional Section Noe Eighteen (18) in Township Noe Thirty - seven (37)
North of Range Noe three (3) East, being a part of the same land conveyed by
Lester Webster to said Eddy N. Shank by a deed dated July 22, 1879 and recorded
Dec. 4th, 1879, in Deed Record Noe 62 page 523 of the records of deeds of said
County, the part and portion thereof hereby conveyed is bounded by a line running
as follows viz: Beginning at the Northwest corner of said Eddy N. Shank's said
land, thence Bast on the South line of the County road leading from South Bend
to Mishawaka thirteen (13) rods; thence "south Sixty- one.and 3%5 rods; thence
West thirteen (13) rods to the Nest line of said Eddy N. Shank's said land;
thence North on said line sixty -one and 3/5 rods to the place of beginning
containing five (5) acres more or less.
A lot or parcel of land situated in the Northeast Quarter of Section No.
Eighteen (18) Township No. Thirty -seven (37) North Range Three (3) East
as follows: Beginning at a point Fourteen (14) feet West of the Southwest
Quarter of Lot Numbered Thirty -six (36) as shown on the recorded plat of
Ed. N. Shank's Second Addition to the Town of River Park now a part of the
City of South Bend; thence running North at right angle with the Southern
boundary line of Lot Numbered Thirty -six (36) aforesaid and parallel with
the West side of Lots 31, 32, 33, $4, 35 and 36 of said sub- division a
distance of Ninety -six (96) feet; thence South at right angle a distance
of Three Hundred Four (304) feet; thence East at right angle to the place
of beginning.
This petition is hereby presented for the above classification change to light industrial use for the purpose
of constructing on a part of the reat estate a large warehouse.
(Signed) WILBERT G. KOPS
" FRED Co KOPS
" FLORENCE C. KOPS
J. Clifford Potts
ttorney for FRitioners
Councilman Niezgodski made a motion that the petition be referred to the City Plan Commission. Councilman
Kemper seconded the motion. Motion carried.
PET._ ITION
TO: THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA.
Petitioner,, Irving Sklare, by his attorneys, Voor, Jackson, Grant & McMichael, respectfully petition that
Ordinance No. 3702, adopted by the Common Council on the 13th day of June, 1-949, and commonly known as the
Zoning-Ordinance, be amended as follows, to wit:
That the property situate in the City of South Bend, Indiana, and described as follows, to -wit;
Lot Numbered Ten (10) to Twenty -six (26), both inclusive, and
Lots Numbered Fifty -five (55) to Sixty -two (62), both inclusive,
all in East -Lawn Addition to the City of South Bend, Indiana,
according to the recorded plat thereof.
Commencing at the Northeast corner of Lot Numbered Sixteen (16)
of East -Lawn Addition to the City of South Bend, Indiana, according
to the recorded plat thereof, thence Easterly along the South line
of Jefferson Boulevard a distance of approximately One Thousand
Three Hundred Thirty -seven and five tenths (1337.5) feet; thence
South to the North line of the Grand Trunk & Western Railroad
right-of-way; thence Westerly along the North line of said Grand
Trunk & western Railroad right -of way a distance of approximately
One Thousand Three Hundred Thirty -seven and five tenths (1337.5)
feet; thence North to the point or place of beginning.
be changed from. "A" Residence and A Height and Area Districts" to "B" Residence and B Height and Area Districts.
- 'Petitioner further states that he is the owner of a certain option to purchase said above - described property
from each of the several title holders thereof.
Petitioner further states that he has attached hereto a form of ordinance for the convenience, use and approval
of the Common Council of the City of South Bend.
THEREFORE, petitioner respectfully requests that the Common Council of the City of South Bend, Indiana, accept
and act favorably upon his said petition and that the property herein described be, by proper ordinance, duly
passed and legall--published, changed from "A Residence and A Height and -Area 3istriets" to "B Residence and
B Height and Area 'Districts ". -
IRVING SKLARE, Petitioner
By Voor, Jackson, Grant & McMichael
Attorneys for Petitioner
William E. Voor
Councilman Tellson made a motion that the petition be referred to the City Plan Commission. Councilman,
Muszynski, seconded the motion. Motion carri ad. `
REPCRT OF THE COMMITTEE OF THE WHOLE
To-the Common Council of the 'City of South Bendx
November 14, 1949
Your Committee of the Whole to whom was referred "An Ordinance reducing certain items in the 1949 South Bend,
Indiana, Municipal Civil City Budget in certain departments and offices thersof,.and reapp ropriating said
reduced sums to certain other budgetary items of the 1949 Municipal Civil City Budget of South Bend, Indiana,
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 0. KORPAL, Chairman
Councilman Niezgodski made a motion that the report be accepted. Councilman Kemper seconded the motion.
Motion carried.
REPORT OF CITY PLAN CONWISSION
To the Common Council
City of South Bend, Ind. November 4, 1949
Gentlemens
Petition of Frank and Marcella Toth for change of zoning of Lots #1, 2 and 3 in Mayr's LaPorte Ave. Addition
from B residence and A height and area districts to D light industrial and 9 height and area district was is
public hearing-before the City Plan Commission November 3, 19499
This change is recommended as petitioned for.
CITY PLAN COMMISSION
D. Moomaw, Sooty.
These lots are on the south side of LaPorte Ave. near Wilber Ste and adjoining a tract that was changed to
light industrial about two years ago.
Councilman Tellson made a motion that the report be accepted. .Councilman Nieagodski seconded the motion.
Motion - carried.
- REPORT OF CITY PLAN COMMISSION
To the Common Council
City of South Bend, Ind.
Gentlement
November 4, 1949
Petition of Joseph and Ethel Igaz for change of zoning of Lots No. 18 and 19 in Homeland Addition from E
heavy industrial and F height and area districts to B residence and B height and area districts was considered
by the City Plan Commission at their regular meeting on November 3, 1949.
T.hi`s change is recommended as petitioned for.
CITY PLAN CCMMISSION
D. Moomaw, Sooty,
These lots are on the S. E. and S. W. corners of S. Meade St. and We Ewing Ave.
Councilman Korpal made a motion that the report be accepted. Councilman Tellson seconded the motion.
Motion carried.
REPORT'OF CITY PLAN COMMISSION
To the :Common Council
City -of South Bend, Ind.
Gentlemen:
November 4, 1949
Petition of Portage Realty Corporation for change of zoning of an unplatted tract of land on the South side
of Elwood Ave. and East of Drewryts Ltd. property to the right of way of the N.Y.C.R.R. from A residence
and A height and area district to B residence and B height and area district was in public hearing before
the City Plan Commission November 3, 1949.
This change is recommended as petitioned for.
CITY PLAN COMMISSION
Do Moomaw, Sooty,
This property has been previously petitioned for change to light industrial but met with objections from
neighboring residential areas. The owner is now planning a residential development.
`Councilman Korpal made a motion that the report be accepted. Councilman Glass seconded the motion. Motion
carried.
REPORT OF CITY PLAN COMMISSION
To the Common" "Council
City of South Bend, Ind. November 4, 1949 •
Gentlemen *w
Petition of Colpaert Realty Corporationfbr change of zoning of Lots #1001, 1020, 1021, 1040, 1041, 1060, 1061,
1062, 1079, 1080, 1081, 1082 and 183 in Second Plat of LsSalle Park from commercial and industrial classifica-
tion to B residence and B height and area districts was in public hearing before City Plan Commission November
3, 1949.
The City Plan Commission recommends this change with this modifications that the height and area district be
made A instead of B to agree with the balance of the area which will be a -part of the same residential
devel opme nt.
CITY PLAN COMMISSION
D, Moomaw, Sooty.
Councilman Korpal made a motion that the report be accepted. Councilman Muszynski seconded the motion.
Motion carried.
REPORT OF CITY PLAN COMMISSION
To the Common Council
City of South Bend, Ind.
Gentlement
November 4, 1949
Ordinance For change of zoning of Lot #262 in Vassar Park Addition from A residence district to A -1 residence
district was considered at a public hlaaring before the City Plan Commission November 3, 1949.
This change is not recommended.
This is a single property at 1025 Diamond Ave.
Councilman Korpal made a motion that the report be accepted.
Motion carried.
CITY PLAN COMMISSION
D. Moomaw, Sooty,
Councilman Muszynski seconded the motion.
REPORT OF THE CITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE MONTH OF SEPTEMBER 1949.
Balance on hand first of month ..
$
2,668,013.26
Receipts during month .
184,423.99
Disbursements . . . ...
...
474,233.99
Balance September 30, 1949
.
$
2,378,203.26
REPORT OF THE CITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE MONTH OF OCTOBER,
1949.
Balance on hand first of month
$
2,378,203.26
Receipts during month
. . .
386,954.21
Disbursements ..
$
442,248.62
2,322,908.85
Balance October 31st, 1949 . . . . .
Councilman Kemper made a motion that the reports be accepted.
Councilman Muszynski seconded
the motion.
Motion carried..
REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
Members of-the Common Council
November 12, 1949
Council Chambers, City Hall
South Bend, Indiana
Gentlemen:
Attached hereto please find copies of reports submitted by Mr. William Qualls, Electrical Superintendent,
for street lights at the following locations: Oakside and St. Joseph Streets; change to 4000 lumen light at
Eckman and Carroll streets; Woodside and Carroll Streets; Ironwood and Roekne Drive; Ironwood and Corby
Street; Eisenhower Driver and Flag Street; Eisenhower Drive and Corby Street; Belmont Avenue between Greenlawn
Avenue and,Twyckeiham Drive; Kenmore and Huron Streets.
Mr. Qualls reported that lights ordered in at Southwood between Greenlawn Avenue and Twyckenham Drive; change
to 4000 lumen light at Southwood and Greenlawn Avenue; Olive and Delaware Streets; Eddy and Bissell Streets;
Arnold Street midway between Ford and Dunham Streets; at 1502 S. Main Street have been installed and are now
in service.
Very truly yours,
BOARD OF PUBLIC WORKS & SAFETY
Freda G. Noble, Clerk
Councilman Tellson made a motion that the report be accepted. Councilman Glass seconded the motion.
Motion carried.
ORDINANCE NO. 3721
AN ORDINANCE. REDUCING CERTAIN ITEMS IN THE 1949 SOUTH BEND, INDIANA,
MUNICIPAL CIVIL CITY BUDGET IN CERTAIN DEPARTMENTS AND OFFICES THEREOF,
AND REAPPROPRIATING SAID REDUCED SUMS TO CERTAIN OTHER BUDGETARY ITEMS
OF THE 1949 MUNICIPAL CIVIL CITY BUDGET OF SOUTH BEND, INDIANA, AND
DECLARING AN EXTRAORDINARY EMERGENCY.
The ordinance''was.given third reading and passed by a roll call vote of 8 ayes - 0 nays.
ORDINANCE NO. 3722 (AMENDED)
AN ORDINANCE AMENDING AN ORDINANCE AMENDING ORDINANCE NO. 3702 OF
THE ORDINANCES OF THE CITY OF SOUTH BEND, INDIANA.
(Area West of Chicago St. and North.of Western Avenue)
The ordinance was given first reading by title and second reading in full. Councilman Tellson made a motion
for suspension of rules. Councilman Korpal seconded the motion. Motion carried by a roll call vote of
8 ayes - 0 nays.
The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays.
ORDINANCE NO. 3723
AN ORDINANCE AMENDING ORDINANCE 3702 COMMONLY KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA.
(L6ta 1, 2 & 3 in Mayr's LaPorte. Ave. Addition)
The ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion
for suspension of rules. Councilman Nibzgodski seconded the motion. Motion carried by a roll call vote of
8 ayes 0 nays.
The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays.
ORDINANCE NO. 3724
AN ORDINANCE AMENDING ORDINANCE 3702 COMMONLY KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA.
(Lots 18 and 19 in Homeland Addition)
The ordinance was given first reading by title and second reading in full. Councilman Korpal made a motion
for suspension of rules. Councilman Tellson seconded the motion. Motion carried by a roll call vote of
8 ayes 0 nays.
The ordinance was given third reading apd'passed:_iy:,x- :.roll call vote of 8 ayes - 0 nays.
ORDINANCE N0. 3725
AN ORDINANCE AMENDING ORDINANCE NO. 3702, ADOPTED JUNE 13, 19499 AND
COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND.
(Triangular tract of unplatted ground South of Elwood Ave. & West
from New York Central right-of-way)
The ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a
motion for suspension of rules. Councilman Glass seconded the motion. Motion carried by a roll call vote of
8 ayes - 0 nays.
The ordinance was given third reading kpd passed by a roll call vote of 8 ayes - 0 nays.
REGUTA.R MEETING
ORDINANCE NO. 3726
NOVEMBER 14TH. 1949
AN ORDINANCE APPROVING•A GARBAGE COLLECTION AND DISPOSAL CONTRACT
MADE AND ENTERED INTO ON BEHALF OF THE CITY OF SOUTH BEND, INDIANA,
BY ITS BOARD OF PUBLIC WORKS AND SAFETY, AND HERMAN F. WAECHTER,
OF SOUTH BEND, dfb as DEPENDABLE DISPOSAL COMPANY.
593
The ordinance was given first reading by title and second reading full. Councilman Kemper made a motion for
suspension of rules. Councilman Glass seconded the motion. Motion carried by a roll call vote of 8 ayes -
0 nays.
The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays.
ORDINANCE
AN ORDINANCE AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS THE
ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA.
(Lot No. 262, Vassar Park Addition)
The ordinance was read for third time and on roll call six councilmen voted in favor of the ordinance and
two against it.
Councilman Korpal made a motion to incorporate the following reasons for approving said zoning change.
Councilman Tellson seconded the motion. Motion carried.
ORDINANCE
REASONS FOR .APPROVING SAID ZONING
"At the time the property was purchased in 1931 it contained
all plumbing for an apartment upstairs, and the party who
purchased same did not need permit to remodel upstairs apart-
ment and has had renters for two years and there has been no
change made in the outside of the building and does not intend
to make any ".
AN ORDINANCE AMENDING SECTION 38 OF CHAPTER 29 OF ORDINANCE NO. 3709,
KNOWN AS THE 1949 MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA.
The ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a
motion that the ordinance be referred to the Committee of the Whole on November 28th, 1949. Councilman
Bestle seconded the motion. Motion carried.
ORDINANCE
AN ORDINANCE REDUCING -CERTAIN ITEMS IN THE 1949 SOUTH BEND, INDIANA,
MUNICIPAL CIVIL CITY BUDGET IN SEVERAL OFFICES AND DEPARTMENTS TBEREOF,
AND APPROPRIATING SPECIFIC SUMS FROM THE GENERAL FUND AND FROM THE
GENERAL STREET AND TRAFFIC FUND OF SAID CITY TO CERTAIN OTHER BUDGETARY
ITEMS OF THE 1949 MUNICIPAL, CIVIL CIVIL CIDGET OF SOUTH BEND, INDIANA,
AND DECLARING AN EXTRAORDINARY EMERGENCY.
The ordinance was given first reading by title and second reading in full. Councilman Glass made a motion
that the ordinance be referred to the Committee of the Whole for public hearing on November 28t.h, 19499
councilman Muszynski seconded the motion. Motion carried.
There being no further business before the Council, Councilman Kemper made a motion to adjourn, which motion
was seconded by Councilman Tellson. Motion carried, and Council adjourned at l0:OO P.M.
ATTESTS
CLERK
APPROVED:
PRES
IDENT