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HomeMy WebLinkAbout04-09-51 Council Meeting MinutesREGULAR MEETING .APRIL 9TH, 1951 Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chamber, Monday, April 9th, 1951, at 8:35 p.M., with all members present. President Niezgodski 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. (Signed) CLEM NIEZGODSKI ) e STANLEY C. KORPAL ) Committee CHESTER MUSZYNSKI ) Councilman Glass made a motion that the report be accepted. Councilman Tellson seconded the motion. Mot ion carried. PETITION The undersigned, John Robert Sanders, a citizen of the City, of South Bend, Indiana, respectfully hereby petitions the City Planning Commission of the City of South Bend to have the South forty -eight (48) feet of Lot One Thousand seventy -six (1076) in LaSalle Park Addition,also known as Lot Numbered(one) 1 in LaSalle Park Addition to the City of South Bend, located, on the northeast intersection of Kenmore Street and Washington Street rezoned from a commercial zone to business zone. The undersigned John Robert Sanders was given title to Lot one thousand seventy -six (1076) in LaSalle Park Addition to the City of South Bend by a sheriff Is deed dated December 28, 1945 together with his wife, Verma Edith Sanders. This deed on decree *is duly entered for taxation purposes the 3rd day of January 1946 396, page 242. , recorded in Mortgage Record (Signed) JOHN ROBERT SANDERS Councilman Glass made a motion that the petition be referred to the City Plan Commission. Councilman Korpal seconded the motion. Motion carried. REGULAR MEETING APRIL 9TH, 1951 PETITION STATE OF INDIANA ) SS: CITY OF SOUTH BEND ) IN THE MATTER OF THE REZONING OF LAND LYING NORTH OF SAMPLE STREET BETWEEN LOMBARDY DRIVE & SHERIDAN AVENUE. Petition alleges: 1. Colpaert Realty Corporation is the owner in fee simple of the following deseribed.real estate, to wit:. Beginning at a point 205 ft. East of the Northwest corner of Section 16, Township 37 N, Range 2 E, thence East along the North line of said Section, corresponding to center line of Sample Street, a distance of 1793.71 ft.; thence South a distance of 1180 ft.; thence West a distance of 2001 ft* plus or minue to West line of said Section; thence North along the West line of said Section, a distance of 120 ft. to the South property line of Meadow Lane; thence East along said property line a distance of 205 ft.; thence North a distance of 1061 ft., to place of beginning. All located in St. Joseph County, Indiana, and consisting of 53.3 acres. 2. All of said real estate is presently zoned "E" Heavy Industrial and "E" Height and Area. 3. Petitioner proposes to plat said real estate into lots and improve said lots with residences and, therefore, said real estate should be zoned to "B" Residence and "B" Height and Area District. 4. Petitioner attaches hereto and files herewith a sketch of said real estate to show the changes sought to be effected by this petition. WHEREFORE -; petitioner prays that the Plan Commission take appropriate action to effect said zoning changes and files herewith proposed form of ordinance for submission to the Common Council. COLPAERT REALTY CORPORATION By: Achille C. Colpaert, Vice- President Councilman Glass made a motion that the petition be referred to the City Plan Commission. Councilman Bestle seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "An Ordinance reducing certain items in the 1951 South Bend, Indiana, Civil City Budget; and appropriating from the General Street and Traffic Fund of said City the sum of One Thousand Four Hundred ($1,400.00) Dollars,.to certain other budgetary item of the 1951 budget of the Civil City of South Bend, Indiana, and declaring and extraordinary emergency ". Respectfully report that they have examined the matter and that in their opinion this ordinance be held up for further information. STANLEY C. KORPAL, Chairman Councilman Tellson made a motion that'the ordinance be accepted. Councilman Bestle seconded the motion. Motion carried. REPORT OF THE•:COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "An Ordinance regulating the installation, utilization and maintenance of outside antenna for television receiving apparatus or equipment, requiring permits and certificates of approval and providing for the manner and fees for obtaining same; and providing penalties for violation of this ordinance" ALSO "An Ordinance regulating the use of equipment, appliances, devices or apparatus which interfere with the transmission, reception or communication by radio or television, and providing a penalty for the violation of the same ". Respectfully report that they have examined the matter and that in their opinion the ordinances be referred to a special committee appointed by the President.to meet "`withthe City Attorney and City Engineer. STANLEY C. KORPAL, Chairman Councilman Muszynski 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, Indiana Gentlemen: Petition of George M. Jordan and Leota Jordan for change of zoning of Lot No. 8 and the Sj of Lot No. 7 in C. R. Smith's First Subdivision from A residence district to A -1 residence district was given public hearing by the City Plan Commission. This change is not recommended. Yours very truly, D. Moomaw, Secretary Councilman Tellson made a motion that the report be accepted. Councilman Glass seconded the motion. Motion carried. REGULAR MEETING REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: The accompanying Ordinance for the Change of Zoning on the property described on Prairie Avenue was initiated in the City Plan Commission to supplement changes made by Ordinance No. 3808. Public Hearing has been held on this proposed change and the City Plan Commission recommends it to the Common Council for enactment. The property described in this ordinance for preliminary resident property and the change is to make the zoning agree with the occupancy. Yours truly, D. Moomaw, Secretary Councilman Tellson made a motion that the report be accepted. Councilman Korpal seconded the motion. Motion carried. ANNUAL REPORT OF THE HEALTH DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1950. Councilman Korpal made a motion that the report be accepted. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE NO. 3809 AN ORDINANCE AMENDING ORDINANCE NO. 3702 PASSED BY THE COMMON COUNCIL JUNE 13, 1949 AND COMMONLY KNOWN AS THE ZONING ORDINANCE. (Prairie Avenue) The ordinance was given first reading by title and second reading in full. Councilman Tellson 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 NO. 3810 AN ORDINANCE APPROVING A CONTRACT DATED APRIL 2, 1951, BETWEEN THE CITY OF SOUTH BEND, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY, AND CARL J. REINKE AND SONS. The ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a motion for suspension of rules. Motion carried by a roll call voteof 8 ayes - 0 nays. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE NO. 3811 AN ORDINANCE APPROVING A CONTRACT DATED APRIL 2, 1951, BETWEEN x THE CITY OF SOUTH BEND, INDIANA, BY AND THROUGH ITS BOARD OF T. PUBLIC WORKS AND SAFETY, AND SCHERMAN- SCHAUS- FREEMAN. The ordinance was given first reading by title and second reading in full. Councilman Korpal 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 NO. 3812 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF SAID CITY FOR THE PURPOSE OF PROVIDING FUNDS TO BE APPLIED ON THE COST OF CONSTRUCTION AND IMPROVEMENT OF.STREETS, AND EXPENSES INCURRED IN CONNECTION THEREWITH. The City Clerk presented and read to the Council a resolution adopted by the Board of Public Works and Safety requesting an appropriating in the amount of Five Hundred Thousand Dollars ($500,000.00) to be applied on the cost of construction and improvement of certain streets and expenses incurred in connection therewith, to with the Controller's recommendation thereon, said resolution and recommendation being as follows, to -wit: RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND WHEREAS, the Board of Public Works and Safety of the City of South Bend, Indiana, has determined that it would be for the best interests of said City and its citizens to provide for the construction and improvement of certain streets in said City and that the construction and improvement of such streets is necessary in order to protect the health and well -being of the citizens and will be of general benefit to the entire City; and WHEREAS, the Board of Public Works and Safety finds that the estimated cost of the construction and improvement of said streets and the incidental expenses in connection therewith will be in the amount of Five Hundred Thousand Dollars ($500,000.00); now therefore, BE IT RESOLVED by the Board of Public Works and Safety of the City of South Bend, Indiana, that this Board request the City Controller and Common Council to take proper steps immediately to provide the necessary funds for said purpose, in the amount of Five Hundred Thousand Dollars ($500,000.00), and to that end that a copy of this resolution be filed with the City Controller and City Clerk, and presented to the Common Council at the next meeting thereof. Adopted this 2nd day of April, 1951. (Signed Frank J. Bruggner F. K. Baer R. S. Andrysiak Board of Public Works and Safety (Continued) TO THE COMMON COUNCIL OF THE (Continued) CITY OF SOUTH BEND, INDIANA: The Board of Public Works and Safety of the City of South Bend, Indiana, has requested an appropriation in the amount of Five Hundred Thousand Dollars ( *500,000.00) for application on the cost of construction and improvement of certain streets and incidental expenses to be incurred in connection therewith, in the City of South Bend, Indiana. I recommend that said appropriation be made, and am submitting herewith, for the consideration of the Council, a form of ordinance authorizing such appropriation. In order to provide funds to meet said appropriation it will be necessary to authorize, issue and sell bonds of the City in the amount of Five Hundred Thousand Dollars ($500,000.00), and I am handing you herewith a form of ordinance drawn for the purpose. Dated this 2nd day of April, 1951. Respectfully submitted, (Signed) Frank J. Bruggner City Controller The City Clerk presented to the Council a petition filed by owners of taxable real estate in the City of South Bend requesting the Common Council to issue the bonds of the City in an amount not exceeding $500,000.00, for the purpose of procuring funds to be applied on the cost of construction and improvement of streets in said City. Said petition having been examined and found to be sufficient, and to be properly verified and certified, on motion duly made, seconded and carried, the same was approved and ordered filed. Councilman Stanley C. Korpal thereupon introduced Ordinance No. 3812, entitled "An Ordinance of the City of South Bend, Indiana, authorizing the issuance and, sale of bonds of said City for the purpose of providing funds to be applied on the cost of construction and improvement of streets, and expenses incurred in connection therewith," and -moved that the Clerk be instructed to read said ordinance in full. This motion was seconded by Councilman Albert Tellson and carried. The Clerk then read said ordinance in full. Councilman -Clem Niezgodski then moved that Ordinance No. 3812 be read a second time by title and that an opportunity be given for the offering of amendments, which motion was seconded by Councilman Chester Muszynski and carried. The Clerk then read Ordinance No. 3812 the second time by title and no amendment was offered thereto. Councilman Walter Erler then moved that said ordinance be carried over for further consideration to a meeting of the Council to be held on the 23rd day of April, 1951, and that a public hearing be held on said ordinance at that meeting; that the City Clerk be instructed to publish a notice to taxpayers of such public hearing once each week for two weeks in the South Bend Tribune and The Record, the same being newspapers published in the City of South Bend and representing the two leading political parties, and to post said notice in three public places in the City, the first publication and posting to be at least ten days prior to said date. This motion was seconded by Councilman Stanley Korpal and on call of the roll, was adopted by the following vote: Ayes:: Clem Niezgodski, Stanley Korpal, Albert Tellson, Cloyd Bestle, Walter Glass, Alvin Kemper, Walter Erler and Chester Muszynski. Nays: The Presiding Officer declared said motion carried and instructed the City Clerk to publish and post notice of said public hearing as provided in the foregoing motion. nr VERIFYING AFFIDAVIT STATE OF INDIANA ) ^SS: COUNTY OF ST. JOSEPH ) Leo'P. Rieder, being first duly sworn, upon his oath deposes and says: That he is one of the signers of the attached counterpart of a petition addressed to the Common Council of the City of South Bend, Indiana, requesting the issuance of bonds of said City for the purpose of providing funds to be applied on the cost of construction and improvement of streets in said City; that all of the signatures appearing on the attached counterpart of said petition were affixed in his presence and are the true and lawful signatures of the persons signing said counterpart of said petition. (Signed) Leo P. Rieder Subscribed and sworn to before me, this 7 day of Aril, 1951. My commission expires: October 11, 1954 STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) (Signed) AUDITOR'S CERTIFICATE Doris Smith, Notary Public I, Leon B. Miner, the duly elected, qualified and acting Auditor of St. Joseph County, Indiana, hereby certify that I have examined the petition addressed to the Common Council of the City of South Bend, request'said Council to authorize and issue the bonds of said City for the purpose of procuring funds to be applied on the cost of construction and improvement of streets, which petition so examined by me is attached to this certificate. I further certify that I have checked the signatures on said petition with the tax records in my office; that said petition is verified by the affidavit of the owner of taxable real estate located within the corporate limits of the City of South Bend, and that said petition is signed by owners of taxable real estate located within the corporate limits of said City, as shown more particularly by the following computation. Petition 1 verified by affidavit of Leo P. Rieder Total Number Taxable Real Estate of signers Owners non - owners 54 52 2 . 54 52 2 IN WITNESS WBEREOF I have hereunto set my hand and the official seal of The Board of Commissioners of the County of St. Joseph on this, the 7 day of April, 1951. (Signed) Lem B. Miner hh gu to St. Jose u Pun�i a$ Er er made a mootion se ontths ndino�ionbe Werred too.t4e Committee of jit fIihole for p�Z�l�9 �Uring on ri r ounce man 712 ORDINANCE AN ORDINANCE APPROVING A CONTRACT DATED APRIL 2, 1951, BETWEEN THE CITY OF SOUTH BEND, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY, AND THE DEPENDABLE DISPOSAL COMPANY, INC. APRIL 9TH. 1951 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 lost by a roll call vote of 7 ayes - 1 nay (Kemper) Councilman Tellson made a motion that the ordinance be set over for the next Council meeting on April 23rd. Councilman Muszynski seconded the motion. Motion carried. RESOLUTION Mr. Chairman and Members of the Council: I move the adoption of the following resolution: WHEREAS -there was an appointed committee of the whole council in June 1949 to investigate the possibilities of reducing the amount of air pollution in the City of South Bend. AND WHEREAS -since the appointment of this committee there have been a n#mber of public meetings. Also a meeting of the- oombustion engineers of the city relative to the reduction of air pollution. AND WHEREAS-'-the time in which heating equipment this year will be used is growing short. AND WHEREAS -the Technical and Industrial Council sponsored by the National Association of-Power Engineers and Coal Producers Committee have offered to make a survey of coal burning equipment of the City at no cost to the City. We therefor wish to go on record as favoring this project, and that the committee of Combustion Engineers of the Technical and Industrial Council be .invited to South Bend to make this survey. (Signed) Walter C. Erler Chairman of the Anti -Air Pollution. Committee of the City Council Councilman Erler made a motion to adopt the resolution. Councilman Glass seconded the motion. Motion carried. There being no further business, Councilman Glass made a motion to adjourn, which motion was seconded by Councilman Tellson. Motion carried, and Council adjourned at 9:25 P.M. ATTEST: APPROVED: // p � �