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HomeMy WebLinkAbout05-14-51 Council Meeting MinutesREGULAR MEETING MAY 14TH, 1951 Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chamber, Monday, May 14th, 1951, at 8:22 P.M., with all members present except Councilman Muszynski. 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. Meeting of April 23rd, 1951. Councilman Glass made a motion that the report be accepted. carried. COMMUNICATION Mr. Fred Baer, City Attorney City Hall South Bend, Indiana Dear Mr. Baer: (Signed) CLEM NIEZGODSKI ) A. KEMPER ) Committee " STANLEY C. KORPAL ) Councilman Bestle seconded the motion. Motion May 3, 1951 In accordance with our telephone conversation this morning, I am sending to you a petition to have our city administration to go on Day Light Savings Time and to go off Day Light Savings Time on a Saturday and not on Sunday.._I will be willing to hand you one thousand signed petitions to this effect. We feel the churches of our city are a bulwark of goodness and that we should preserve their strength. With the change of time on Sunday, we lose from one hundred to two hundred people we would otherwise have in service. Thanking you for your kind consideration on this matter. Yours sincerely, (Signed) Lester F. Sumrall Councilman Erler made a motion that the communication be accepted and placed on file. Councilman Korpal seconded the motion. Motion carried. 71-7 REGULAR MEETING MAY 14TH, 1951 PETITION OF THE CROWN DEVELOPMENT COMPANY, INC. DIRECTED TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: The undersigned, the owner of all the lots and property contained in McKinley Terrace Addition to the City of South Bend, Indiana, respectfully petition as follows: That all lots as shown on the recorded Plat of McKinley Terrace Addition to the City of South Bend, Indiana, be zoned as "A" Residential District and "A" Height and Area District. There is annexed hereto a proposed Ordinance amending and supplementing Zoning Ordinance No. 3702 in accordance with the above request. Dated this day of , 1951. CROWN DEVELOPMENT COMPANY, INC. By Joseph A. Roper, Its Attorney and Agent Councilman Korpal made a motion that the petition be referred to the City Plan Commission. Councilman Bestle seconded the motion. Motion carried. PETITION, Common Council, City-of-South Bend South Bend City Planning Commission City Hall South Bend, Indiana Gentlemen: The undersigned, William S. Phillips and Vera M. Phillips, husband wife, residing at 721 Lincoln Way East, South Bend, Indiana, are the owners of a certain parcel of real estate known as: A part of Lot Lettered "P" as shown on the recorded Plat of Wenger and Kriegbaum's Vistula Avenue Addition to the City of South Bend, which part is bounded by a line running as follows, viz: Beginning at the Southeast corner of said Lot Lettered "P ", thence running North on the East line thereof a distance of 60 feet, thence West 160 feet to the West line of said lot, thence South 60 feet to the South line of said lot, thence East 160 feet to the place of beginnings and located on the west side of South Miami Street, South of Lincolnway East in the City of South Bend, St. Joseph County, Indiana. The above real estate is zoned at this time as "B" Residential property. Inasmuch as South Miami Street is a heavily traveled thoroughfare, and south and nearby said real estate owned by the petitioners is the right -of -way of the New York Central Railway, and North of said property at the inter- section of Miami and Lincolnway East, the land is zoned for commercial use. 4 ' It is the desire of the petitioners to properly improve the real estate herein mentioned, and due to the surrounding conditions, they formally request your Honorable commission to change the zoning on this particular parcel of real estate from Residential "B" to Commercial "C" for use and "E" height and area district. Respectfully submitted this 11th day of May, 1951. (Signed) William S. & Vera M. Phillips 721 Lincoln Way East South Bend, Indiana Councilman Glass made a motion that the petition be referred to the City Plan Commission. Councilman Korpal seconded the motion. Motion carried. PETITION To the City Council of the City of South Bend, Indiana South Bend, Indiana Honorable Sirs: We, the undersigned, owners in fee of the herein described real estate in South Bend, St. Joseph County, Indiana, respectfully request the changing of the City Zoning Ordinance, from C use District and D height and Area District regulation to B use district and A Height and Area District regulation of said real estate. (10 Signers) Real Estate herein considered, Lots 13- 14- 15- 16 -17 -18 in Swygart's 3rd Replat to the City of South Bend, also Lots 1 and 2 in Sumption Prairie Ave. Addition to the City of South Bend, and Lot numbered 32 in Swygart's 5th Addition to the City of South Bend. Councilman Korpal made a motion that the petition be referred to the City Plan Commission. Councilman Glass seconded the motion. Motion carried. PETITION TO: THE COMMON COUNCIL OF THE CITY OF SOUTH BEND The undersigned hereby respectfully petitions your honorable body to annex to the City of South Bend the following described property in St. Joseph County, State of Indiana, to -wit: The northwest One- quarter (1/4) of Section Number Thirty (30), Township Number Thirty -seven (37) North, Range Number Three (3) East; Also, a tract of land in Sections Numbered Nineteen (19) and Thirty (30), Township Number Thirty "(30), Township Number Thirty -seven (37) North, Range Number Three (3) East containing Twenty -nine and Seventy -three Hundredths (29.73) acres, more or less, bounded by a line running as follows, viz: Beginning at the Southwest corner of the Southeast quarter (1/4) of said Section Number Nineteen (19); thence North Two Hundred Ninety -one and Six Tenths (291.61) Feet; thence East Five Hundred Seventy -two (5721) Feet, thence South Two Thousand Two Hundred Sixty -two and Nine Tenths (2,262.91) Feet; thence West Five Hundred Seventy -two (5721) Feet; thence North One Thousand Nine Hundred Seventy - one (1,9711) Feet to the place of beginning, being Lots Numbered Four (4), Five (5) Six (6) and Ten and Nine Hundredths (10.09) acres off of the West side of Lot Numbered Three (3), as shown on the Plat of the Commissioners filed in the cause of Sarah Denslow vs Robert G. eenslow, et al, a transcript of which plat and partition is recorded in Deed Record 60, Pages 338 to 343, inclusive: Containing in all One Hundred Ninety (190) acres, more or less, all as shown in the proposed Ordinance which is presented herewith. IN WITNESS WHEREOF, the undersigned, William E. Voor, Attorney for First Bank and Trust Company of South Bend, South Bend, Indiana, Trustee, the record owner or said property, has hereunto set his hand the day of May, 1951. (Signed) William E. Voor, Attorney for First Bank and Trust Company of South Bend, Trustee Councilman Erler made a motion that the ordinance, with copy of petition attached, be referred to the City Plan Commission. Councilman Korpal 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 of the City of South Bend, Indiana, appropriating the sum of Five Hundred Thousand Dollars ($500,000.00) to be applied on the cost of construction and improvement of streets, and expenses incurred in connection therewith ". , -Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. (Signed) STANLEY C. KORPAL, Chairman Councilman Kemper made a motion that the report 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 reducing a certain item in the 1951 South Bend, Indiana, Civil City Budget; and appropriating from the General Fund of said city the sum of One Thousand ($1,000.00 Dollars to a certain other budgetary item of the 1951 budget of the Civil City of South Bend, Indiana, and dealarin an extraordinary emergency ". Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. (Signed) STANLEY C. KORPAL, Chairman Councilman Glass made a motion that the report be accepted. Councilman Tellson seconded the motion. Motion carried. MORT OF THE BOARD OF PUBLIC WORKS & SAFETY To Mbmbers of the Common Council: A letter has been received from the Pennsylvania Railroad relative to condition of grade crossings at Calvert Street, Indiana Avenue and Ewing Avenue, wherein they indicate they will have these crossings inspected promptly and make whatever repairs are necessary as soon as possible. They, also, indicate that they will handle the matter of blocking street crossings as they do not want to block crossings unnecessarily for excessive periods of time. We are, also, in receipt of a letter from the Grand Trunk Railway System in which they state they have inspected all six tracks at their grade crossing at Olive and Sample Streets and can find no holes in the pavement. They, also, state they do not feel their railroad is blocking the crossing for long periods as they have arranged their switching schedule so they do not switch over Olive and Sample Streets during the time the factories start or end their 3:00 P.M., 11:00 P.M., or 7:00 A.M., shifts. Their representative will be glad to meet with the city officials, at any time, to inspect these grade crossings. The New York Central Railroad system has not, as yet, acknowledged our letter of complaint to them. Very truly yours, BOARD OF PUBLIC WORKS & SAFETY By Freda G. Noble, Clerk Councilman Korpal made a motion that the letter from the Board be held up until the next meeting. Councilman Bestle seconded the motion. Motion carried. REGULAR MEETING MAY 14TH, 1951 REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: Petition of John Robert Sanders for change of zoning of the south 48 ft. of Lot 1076 in LaSalle Park Addition was given public hearing before the City Plan Commission May 3, 1951. The details of this request were rather incomplete in the present zoning and the zoning desired. The City Plan Commission recommends that the change be made from B residence and A height and area district to C commercial and D height and area district. Yours truly, D. Moomaw, Secretary Councilman Erler made a motion that the report be accepted. Councilman Korpal seconded the motion. Motion carried. ORDINANCE NO. 3818 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Lot located at the Northeast corner of W. Washington and Kenmore Streets) The ordinance was given first reading by title and second reading in full. Councilman Glass made a motion for suspension of rules. Councilman Korpal seconded the motion. Motion carried by a roll call vote of 7 ayes - 0 nays'.- 1, absent (Muszynski). The ordinance was given third reading and passed by a roll call vote of 7 ayes - 0 nays - 1 absent (Muszynski). REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: City Plan Commission has held Public Hearing on the petition of Margaret E. Mueller et. al. for change of zoning on Lots 9, 1019 11 and 12 in Rockstroh Bros. Addition in the City of South Bend, and recommend this change be made as petitioned for. These lots are on the east side of Michigan Street south from Bartlett Street. It will be noted that the change asked for on Lot 12 is change in Use and Height and Area district while the change on Lots 9, 10 and 11 are for change of Height and Area district only. Yours truly, D. Moomaw, Secretary Councilman Best le made a.motion that the report be accepted. Councilman Korpal seconded the motion. Motion carried. ORDINANCE NO. 3819 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Lots on the East side of Michigan St. south from Bartlett St.) The ordinance was given first reading by title and second reading in full. Councilman Glass made a motion for suspension of rules. Councilman Korpal seconded the motion. Motion carried by a roll call vote of 7 ayes - 0 nays - 1 absent (Muszynski). The ordinance was given third reading and passed by a roll call vote of 7 ayes - 0 nays - 1 absent (Muszynski). REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: Petition of Louis Molnar, et. al. for change of zoning of Lot 150 has been given public hearing by City Plan Commission. Their recommendation to the Council is that the change be made on Lot No. 150 alone changing from E heavy industrial and F height and area district to B residence and A height and area district. The present classification was incorrectly stated in the petition. This lot is on the west side of Olive Street between Ewing and Calvert Street. Yours truly, D. Moomaw, Secretary Councilman Korpal made a motion that the report be accepted. Councilman Bestle seconded the motion. Motion carried. ORDINANCE NO. 3820 AN ORDINANCE AMENDING ORDINANCE NO. 3702, ADOPTED JUNE 13, 19499 AND COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND. (Lot on the West side of Olive Street between Ewing Avenue and Calvert Street) The ordinance was given first reading by title and second reading in full. Councilman Korpal made a motion for suspension of rules. Councilman Bestle seconded the motion. Motion carried by a roll call vote of 7 ayes - 0 nays - 1 absent (Muszynski). The ordinance was given third reading and passed by a roll call vote of 7 ayes - 0 nays - 1 absent (Muszynski). "720 REGULAR MEETING REPORT OF CITY PLAN COMMISSION MAY 14TH. 1951 To the Common Council City of South Bend, Indiana Gentlemen: The City Plan Commission has considered the petition of the Crown Development Company by Joseph A. Roper, its attorney, for annexation of an area of undeveloped land north of McKinley Avenue and East of the Morris Park Country Club and including approximately seventy (70) acres. The City Plan Commission recommends that the annexation be made, but that the description describing the territory be:- Beginning at a point on the present city limits line 200 ft. north and 214.50 ft. east of the Southwest corner of the South -East Quarter of section 5 T. 37 N. R. 3 East; thence North parallel with and 214.50 ft* east of the North and South center line of said section 5 to a point on the East and West center line of section 5, 214.50 ft, east of the center point of the section; thence East along the East and West center line of section 5 a distance of 1213.25 ft. to a point 1427.75 ft. East of the center of said section 5; thence south parallel with and 1427.75 ft. East of the North and South center line of section 5 a distance of 2440 ftl to a point on the present city limits 200 ft. north of the south line of section 5; thence West on the present city limits line which is parallel to and 200 ft. north of the south line of section 5 T. 37 N. R. 3 East, a distance of 1213.75 ft. to the place of beginning. This revised description does not alter the boundary lines of the land to be annexed, but makes it possible to follow the description of these lines with less liklihood of error. Yours truly, D. Moomaw, Secretary Councilman Erler made a motion that the report be accepted. Councilman Korpal seconded the motion. Motion carried. ORDINANCE NO. 3821 AN ORDINANCE ANNEXING LANDS TO AND DECLARING SANE TO BE A PART OF THE CITY OF SOUTH BEND, INDIANA. (Approximately 70 acres of undeveloped land north of McKinley Avenue and East of the Morris Park Country Club) 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 7 ayes - 0 nays - 1 absent (Muszynski). The ordinance was given third reading and passed by a roll call vote of 7 ayes - 0 nays - 1 absent (Muszynski). REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend,-Indiana Gentlemen: Petition of Colpaert Realty Corporation for change of zoning on a tract of land described as: 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 minus 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 1060 ft.; to place of beginning. All located in St. Joseph County, Indiana, and consisting of 53.3 acres, from E heavy industrial and F height and area district to B residence and B height and area district. City Plan Commission has held hearing on this proposed change and recommends that the change be made as herein noted. Yours truly, D. Moomaw, Secretary Councilman Korpal made a motion that the report be accepted. Councilman Glass seconded the motion. Motion. carried. ORDINANCE NO. 3822 AN ORDINANCE AMENDING ORDINANCE NO. 3702, ADOPTED JUNE 133, 1949, AND COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND. (53.3 Acres - Colpaert Realty Corporation) 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 7 ayes - 0 nays - 1 absent (Muszynski). The ordinance was given third reading and passed by a roll call vote of 7 ayes - 0 nays - 1 absent (Muszynski). 721 I REGULAR MEETING MAY 14TH, 1951 ORDINANCE NO. 3823 AN ORDINANCE AMENDING SECTION 64, CHAPTER 29, OF ORDINANCE NO. 3709, APPROVED JULY 12, 1949, COMMONLY KNOWN AS `iMUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1949 ", BY APPROPRIATING PARKING METER RECEIPTS TO THE BOARD OF PUBLIC WORKS AND SAFETY. 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 7 ayes - 0 nays - 1 absent (Muszynski). The ordinance was given third reading and passed by a roll call vote of 7 ayes - 0 nays - 1 absent (Muszynski). ORDINANCE NO. 3816 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO BE APPLIED ON THE COST OF CCKSTRUCTION AND IMPROVEMENT OF STREETS, AND EXPENSES INCURRED IN CONNECTION THEREWITH. The City Clerk presented to the Council proofs of publication and posting of the notice of the public hearing on the appropriation proposed to be made for the purpose of paying the cost of construction and improvement of streets in the City of South Bend, referred to in Ordinance No. 3816 which the Council did consider on first and second readings on the 23rd day of April, 1951, showing that said notice had been published and posted at least ten days prior to this date. On motion duly made, seconded the unanimously carried, said proofs of publication and posting were approved. The Committee of the Whole reported on Ordinance No. 3816 entitled "An Ordinance of the City of South Bend, Indiana, appropriating the sum of Five Hundred Thousand Dollars ($500,000.00) to be applied on the cost of construction and improvement of streets and expenses incurred in connection therewith ", and recommended that said ordinance be passed as introduced. The presiding officer then announced that the Council was ready to hear all taxpayers interested on the question of the necessity for the appropriation provided for in said ordinance. After hearing all taxpayers desiring to be heard on_said ordinance Councilman Alvin Kemper moved that Ordinance No. 3816 be read a third time in full and placed upon its final passage. This motion was seconded by Councilman Cloyd Bestle and unanimously carried. The Clerk then read Ordinance No. 3816 in full and Councilman Alvin Kemper moved that the ordinance be adopted as read. This motion was seconded by Councilman Cloyd Bestle and on call of the roll was passed on the following votes: Ayes: Councilmen Clem Niezgodski, Stanley Korpal, Albert Tellson, Cloyd Bestle, Walter Glass, Alvin Kemper and Walter Erler. Nays: None The presiding officer declared said ordinance to have been duly passed and adopted. ORDINANCE NO, 3817 AN ORDINANCE REDUCING A CERTAIN ITEM IN THE 1951 SOUTH BEND, INDIANA, CIVIL CITY BUDGET, AND APPROPRIATING FROM THE GENERAL FUND OF SAID CITY THE SUM OF ONE THOUSAND ($1,000.00) DOLLARS TO A CERTAIN OTHER BUDGETARY ITEM OF THE 1951 BUDGET OF THE CIVIL CITY OF SOUTH BEND, INDIANA, AND DECLARING AN EXTRAORDINARY EMERGENCY. The ordinance was given third reading and passed by a roll call vote of 7 ayes - 0 nays - 1 absent (Muszynski). RESOLUTION IN THE CITY COUNCIL OF THE CITY OF SOUTH BEND MEETING DATED MAY 14, 1951 It is moved by Walter C. Erler and seconded by Cloyd Bestle, that the Clerk of the City of South Bend be instructed to contact and arrange with the Board of Trustees of the Public Employees' Retirement Fund to make a survey of the employees of the City of South Bend, of the following departments, in order to determine the probable cost of membership in the Fund: Department of 'DYeights and Measures Health Department Water Department Engineering Department Office of City Clerk Building Department Office of City Controller Park Department Board of Public Works and Safety Street and Sewer Department The motion was carried. MAYME DUMONT CLERK, CITY OF SOUTH BEND, INDIANA Councilman Erler made a *notion that the resolution be adopted. Councilman Bestle seconded the motion. Motion carried. REGULAR MEETING NEW BUSINESS MAY 14TH. 1 722 Councilman Korpal made a motion that the City Attorney draw up an ordinance to enforce vehicle safety inspection. 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 Korpal. Motion carried, and Council adjourned at 9:15 P.M. ATTEST.: APPROVED; CLERK SHE' IDIOT