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HomeMy WebLinkAbout11-26-51 Council Meeting MinutesREGULAR MEETING NOVEMBER 26TH, 1951 Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chamber, Monday, November 26th, 1951, at 8:17 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. Meeting of November 13th, 1951. CHESTER E. MUSZYNSKI ) CLEM NIEZGODSKI ) Committee STANLEY C. KORPAL ) ALVIN P. KEMPER ) Councilman Kemper made a motion that the report be accepted. Councilman Muszynski seconded the motion. Motion carri ed. COMMUNICATION Communication received from Mrs. Wm. Wiegel regarding poor bus transportation service on the southwest section of the city. Councilman Muszynski made a motion that a copy of this communication be referred to the Board of Public Works. Councilman Erler seconded the motion. Motion carried. PETITION TO: THE HONORABLE MEMBERS OF THE CITY COUNCIL ._:OF SOUTH BEND, City Hall South Bend, Indiana RE: PETITION REQUESTING REZONING OF CERTAIN PROPERTY Ge3ft- Iikbn: The undersigned hereby respectfully submits this Petition requesting a re- zoning of Lots Numbered Three Hundred Ninety -seven (397) and Three Hundred Ninety -eight (398) Vassar Park Addition to the City of South Bend. Said Lots are now zoned A -1 Residential and A- Height and Area District. Petitioner requests a re- .zoning of said Lots to C -1 Commercial and D- Height Area District. This Petition is predicated upon the following grounds: a) The Lots in question, although zoned as Residential are in an area which has already a number of Commercial structures. This petitioner will be subjected to very real and practical difficulties, as well as to undue hardships, should his petition be denied. b) The granting of this Petition will tend to stabilize and even increase rather than to deteriorate property values. c) Approval of this Petition will provide a service reasonably necessary for the public convenience and welfare. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 19th day of November, 1951. CHARLES KISH - Owner Councilman Erler made a motion that the petition be referred to the City Plan Commission. Councilman Glass seconded the motion. Motion carried. 760 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, Municipal Civil City Budget, and appropriating from the General Fund of said City the sum of Two Hundred Fifteen ($215.00) Dollars, to certain other budgetary item of the 1951 budget of said city, and declaring an extraordinary emergency ". Respectfully report that they have examined the matter.and that in their opinion this ordinance be held until the next Council meeting on December 10th, and that Dr. Carter be present at this meeting to explain the above item ". STANLEY C. KORPAL, Chairman Councilman Erler made a motion that the report be accepted. Councilman Muszynski 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, Municipal Civil City Budget and appropriating from the General Fund of said City the sum of Two Hundred ($200.00): Dollars, Fire Department, and declaring an extraordinary emergency ". Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. STANLEY C. KORPAL, Chairman Councilman Kemper made a motion. that the:report be accepted. Councilman Bestle seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemens Petition for &-change of zoning by a majority of the owners of Lots 4 to 32 inclusive in Homeland Addition, lots 140 to 255 inclusive in Homeland 2nd Addition and 256 to 371 inclusive in Homeland 3rd Addition from E heavy industrial and 'F height and area districts to B residence and B height and area districts was given public hearing by the City Plan Commission at their meeting November 1, 1951, and this change is recommended as petitioned for. it will be noted that this is an amended.petition which originally called for a change to A residential and A height and area and that at the request of the City Plan Commission their petition was amended to read B residence and B height and area district. This property is on the south side of Ewing Avenue from Olive Street to Kaley Street and on the north side of Ewing avenue to West Calvert Street from Olive to Kaley Street. The present zoning of E heavy industrial and F height and area. district does not permit the building of houses and their local restrictions do not encourage the building of industrial buildings. Yours truly, D. MOOMAW, Secretary Councilman Korpal made a motion that the report be accepted. Councilman Erler seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: Petition of the owners of property described as Lots 905, 906, 907, 908, 909, 913, 914, 915, 916, 917, 918, 919 and 920 in the Summit Place 3rd Addition for a change of zoning of the above described property from C commercial and D height and area to B residence and A height and area district was given public hearing by the City Plan Commission on November 1, 1951, and this change is recommended as petitioned for. This property is on West Ford Street between Meade and Kaley Streets. Petition for this change was filed several months ago but with inadequate description of the property. The petitioners have now amended their petition giving descriptions by lot numbers as indicated above. Yours truly, D. MOOMAW, Secretary Councilman Muszynski made a motion that the report be accepted. Councilman Korpal seconded the motion.` Motion carried. ORDINANCE NO. 3851 AN ORDINANCE REDUCING A CERTAIN ITEM IN THE 1951 SOUTH BEND, INDIANA, MUNICIPAL CIVIL CITY BUDGET AND APPROPRIATION FROM THE GENERAL FUND OF SAID CITY THE SUM OF TWO HUNDRED ($200.00) DOLLARS, FIRE DEPARTMENT, AND DECLARING AN EXTRAORDINARY EMERGENCY. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. REGULAR MEETING NOVEMBER 26TH, 1951 ORDINANCE NO. 3852 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (South side of Ewing Avenue from Olive Street to Kaley Street and on the north side of Ewing Avenue to West Calvert St. from Olive to Kaley 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 8 ayes - 0 nays. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE NO. 3853 ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Property on W. Ford St. between Meade and Kaley Sts.) The ordinance was given first reading by title and second reading in full. Councilman Muszynski 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. RESOLUTION WHEREAS, the City of South Bend has for the past two (2) years actively participated as an intervenor in the application of the Indiana Bell Telephone Company for increase in rates, and WHEREAS, no final determination has yet been made of said application, and WHEREAS," said petition, together with supplemental modifications thereto, is still pending before the Public Service Commission, and WHEREAS, the Law Department of the !City of South Bend under the direction of Mayor George A. Schoek, has assisted the Public Counsellor in opposing said rate increase, NOW, THEREFORE, Be it Resolved By The Common Council of The City of South Bend As Follows: 1. That this Council go on record as commending the administration for its active participation in its attempt to maintain telephone rates as low as possible consistent with providing the Indiana Bell Telephone Company with a fair rate of return on its investment. 2. That this Council further go on record as urging the succeeding City Administration of South Bend, which is to take office January 1, 1952, through the office of the Mayor and its legal department to continue to actively participate in said telephone rate case to the end that unwarranted increases be denied. Y. Submitted in open meeting of the Common Council this 26th day of November, 1951. WALTER C. ERLER, SR. ember of the Common Council Councilman Frler made a motion.for the adoption of the resolution. Councilman Muszynski seconded the motion. Motion carried. PrROT ITT TON WHEREAS, the City of South Bend has for many years last past sought to have Western Avenue widezided, and WHEREAS, the present administration, through the efforts of Mayor George A. Schock, the Board of Public Works and Safety, and the Common Council; were able to induce the Highway Commission of the State of Indiana to actually commence said project, and WHEREAS, one of the major steps in connection with making Western Avenue a more useful thoroughfare is the extension of Western Avenue in an Easterly direction from Michigan Street, and WHEREAS, the Common Council has previously recommended that said step be taken, and WHEREAS, it is the express desire of the Common Council that efforts be continued to widen Western Avenue and extend same in an Easterly direction from Michigan Street, NOW, THEREFORE, It Is Resolved By The Common Council of The City of South Bend as follows: 10 That the city officials taking office January 1, 1952, be and they are hereby urged to continued the present efforts to widen Western Avenue in accordance with pl4ns, and to extend said Wdstern Avenue in an Easterly direction from Michigan Street to Lincoln Way East. 2. That said incoming city officials do whatever shall be required to induce the State Highway Commission of the State of Indiana to complete the widening of said Western Avenue and its extension East beyond Michigan Street, and that they cooperate fully with the -said Highway Department to said end. Submitted to the Common Council of the City of South Bend on this 26th day of November, 1951. ALBERT TELLSON Member of the Common Council Councilman Tellson made a motion for the adoption of the resolution. Councilman Korpal seconded the motion. Motion carried. 762 NOVEMBER 26TH. 1951 RESOLUTION WHEREAS, during the year 1951 the City of South Bend floated a bond issue in the sum of Five Hundred Thousand: Dollars ($500,000.00), for the purpose of repairing and resurfacing arterial streets in the city, and WHEREAS, the Common Council approved said bond issue on' -the promise of the City Engineer and member of the Board of Public Works and Safety that included in said project was the resurfacing of portions of Indiana Avenue, and WHEREAS, at the end of the calendar year of 1951 there will remain in said fund a sum of approximately Three Hundred Thousand ($300,000.00) Dollars, and WHEREAS, it was not possible to let said work on Indiana Avenue to contractors due to the fact that engineering plans were not completed, NOW, THEREFORE, Be It Resolved By The Common Council Of The City Of South Bend As Follows: 1. That the new officials of the City of South Bend who will take office on January 1, 1952, including the Mayor, the City Engineer and the Board of Public Works and Safety, be urged to continue with the street repair and resurfacing program for the major arterial streets in the City of South Bend and that the funds remaining from baid bond issue be used for that purpose. 2. That the newB_oard of Public Works and Safety as constituted after January 1, 1952, direct that immediate steps be taken to prepare the necessary engineering plans for the resurfacing of portions of Indiana Avenue, and that the work based on said engineering plans be done as expeditiously as possible. Submitted to the Common ;Council of the City of South Bend on this 26th day of November, 1951. ALBERT TELLSON Member of the Common Council TO THE HONORABLE MEMBERS 'OF THE''l:COMMON,COUNCIL OF THE CITY.OF SOUTH BEND: I have approved and subscribed to the above and foregoing Resolution after some hesitation and with definite reservations. This Resolution makes certain suggestions to the New City Administration which will take office January 1, 1952. This I consider inappropriate. The Resolution further emphasizes engineering plans for the': "Resurfacing.of portions of Indiana Avenue" which I believe to be too vague and does not contemplate the full engineering plans for that particular highway. It does not refer to the 7Ast and West Sample Street proposed improvements, in my opinion being the prime project, although, as I mentioned in the foregoing, such suggestion is not timely. In addition to Sample Street and the proposals for Indiana Avenue there are other arterial highways such as LaPorte Avenue which are of prime importance. They:_- planning and t4ie fulfilment of the program, as engineered, has had no political implications. RAS:em NEW BUSINESS: Respectfully submitted, GEO. A. SCHOCK MAYOR Mr. Harold G. Wheeler, General Yard Master of the New York Central Railroad, informed the Council that the rail - road's plan to repair the Olive and Sample Street crossing was stopped by the Mayor. Mr. Frederick K. Baer, City Attorney, informed Mr. Wheeler that your railroad as of this moment has the authority of the Board of Public Works and Safety to commence this repair and complete it within the next sixty days. Councilmen Muszynski -and Korpal informed Mr. 1�heeler of complaints received during peak hours at Olive and Sample, Ford and Walnut Street crossings. Councilman Erler made a motion that the New York Central railroad commence this repair within sixty days as per specifications furnished by the City Engineer. Councilman Korpal seconded the motion. Motion carried. There being no further business before the Council, Councilman Erler made a motion to adjourn, which motion was seconded by Councilman Korpal. Motion carried, and Council adjourned at 9:40 P.M. ATTEST: CLERK APPROVED: PRE DENT