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Home My WebLink About03-10-52 Council Meeting MinutesREGULAR MEETING MARCH 10th, 1952. Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chamber Monday, March 10th, 1952, at 8:05 P.M., with all members present, except Councilman Pinter and Councilman Glass. President Erler presided. REPORT OF COMMITTEE ON MINUTES Your Committee on the inspection and supervision of the minutes, would respectfully report that they have in- spected the minutes of the previous meeting of the Council and found them correct. They, therefore, recommend that the same be approved. WALTER C. ERLER ) VA. A. HAHN ) Committee STANLEY C.KORPAL) Meeting of February 11, 1952. Councilman Niezgodski made a motion that the report be accepted. Councilman Bestle seconded the motion. Motion carried. C O!n1UNICATI ONS. South Bend City Council City Hall " South Bend, Indiana. Gentlemen: The City Plan Commission and the Citizens' Parking Committee are sponsoring a meeting on March 20th, at 7 :30 P.M. in the office of the Building Commissioner, at which time a representative of Ramps Building Corp., consulting parking engineers, will discuss their services. The Plan Commission extens an invitation for your entire membership to attend this meeting. Yours very truly SOUTH BENDCITY PLAN COMMISSION Isl Roy A. Worden, President. There being no objections the communication was accepted and placed on file. PETITION TO: THE CO�810N COUNCIL OF THE CITY OF SOUTH BEND, INDIANA. Petitioners, Carl J. Rudolph and Hazel Gertrude Rudolph, husband and wife, by their Attorneys, Voor, Jackson, Grant & McMichael, respectfully petition that Ordinance No. 3702, adopted by the 6ommon Council on the 13th day of June, 1949, 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: All of Lot Numbered Fifteen (15) as shown on the recorded plat of J. G. Bartlett's First Addition to the City of South Bend, excepting a parcel of ground thirty -four (34) feet in width taken off of and from the entire west end of said Lot, be changed from "C "Commercial Use District and "C "Height and Area District to "C" Commercial Use District and "E" Height and Area District. Petitioners further state that they have attached hereto a form of Ordinance for the convenience, use and approval of the Common Council of the City of South Bend, Indiana. WHEREFORE, Petitioners respectfully request that the Common Council of the City of South Bend, Indiana, accept and act favorably upon their said petition and that the property herein described be, by proper Ordinance, duly passed and legally published, changed from "C" Commercial Use District and "C "Height and Area District to "C "Commercial Use District and "E "' Hei ght and Area District. Isl Carl J. and Hazel Gertrude Rudolph, Petitioners By, Voor, Jackson, Grant & McMichael Attorneys for Petitioners. Isl William E. Voor. Councilman Bestle made a motion that the petition be referred to the City Plan Commission. Councilman Korpal seconded the motion. Motion carried. PETITION: TO: THE COrXON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA. Petitioners, Louis Major, Jr., by his Attorneys, Voor, Jackson, Grant & McMichael, respectfully petitions that Ordinance No. 3702, adopted by the Common Council on the 13th day of June, 1949, 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 67 as shown on the recorded plat of Jefferson Heights Addition to the City of South Bend, excepting therefrom the following tract; Beginning at the Northwest corner of said Lot 66; thence East along the North line of said Lot, a distance of 100 ft; ( continued) ING thence South 140 feet; thence East on a line parallel with the North line of said lot a distance of 38 feet; thence South on a line parallel with the West line of said lot &distance of 291.16 feet to the South line of said lot; thence West 138 feet to the Southwest corner of said lot; thence, North 431.16 feet to the place of beginning, be changed from "A "° Residence and "A "' Height and Area District to "C -1 "' Commercial and "A" Height and Area District. Petitioner further states that he is the owner of all of the above described property. 776 MARCH 10th, 1952-1. 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, Indiana. 17HEREFORE, 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 legally published, changed from "A" Residence and "A" Height and Ai-ea District to "C" -1" Commercial and "A" Height and Area District. sl Louis Major, Jr.'Petitioner By Voor, Jackson, Grant & McMichael Attorneys for Petitioner. sl Robert A. Grant. Councilman Niezgodski made a motion that the petition be referred to theCity Plan Commission. Councilman Hahn seconded the motion. Motion carried. PETITION: TO: THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA. We, the undersigned and residents and property owners in the City of South Bend, Indiana, hereby petition your Honorable Body that t4P zoning for the following described real estate: Lot # 1088 and Lot #1089 located on the northwest corner of Washington and Lake Street, LaSalle Park section be changed from residential to Commercial. Is/ Vera Horvath Wiley L. Hoover. Councilman Korpal made a motion that the petition be referred to the City Plan Commission. Councilman Bestle seconded the motion. Motion carried. PETITION: TO: THE HONORABLE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SCUTH BEND, INDIANA: We, the undersigned property owners, petition your honorable body to improve conditions involving through truck traffic over Tveyckenham Drive between Lincolnway East and Mishawaka, Avenue. This condition is caused by weight limitation of Sample St., bridge causing routing via the above route. Twyckenham pavement is not fitted for this heavy traffic and is deteriorating seriously. ( 53 signers) Councilman Niezgodski moved that this petition be set aside and taken up under NEVP BUSINESS.Councilman Bestle seconded the motion.. Motion carried. REPORT OF CITY PLAN COMMISSION: TO: THE COMMON COUNCIL: CITY OF SOUTH BEND, INDIANA Gentlemen:- Petition of John Weiss, et. al. for change of zoning of Lots 5,6,7,8,9, 10, 11, 12 and 13 in Morris Park Addition, Lots 117, 118, 119, 187, 1889 and 189 in Northwest Addition second plat and parcel of unplatted ground on the north side of Kinyon Street extending east from Portage Avenue and occupied by the greenhouses of the Portage Greenhouses, Inc., from "B'" Residence and "A" height and area destricts to "C "Commercial and "VI Height and area districts was given public hearing at the regular meeting of the City Plan Commission February 7, 1952. This change is not recommended. These Lots in Morris Park are on the westerly side of Portage Avenue north from Bulla Street. The Lots in Northwest Addition second Plat are on the easterly side of Portage north from Queen Street. Attached hereto is written remonstrance against this change signed by residents and ownersof property in that vicinity. DM; ags CITY PLAN C W.AISSION. /s/ D. Moomaw, Secy. Motion was made by Councilman Bestle and seconded by Councilman Hahn that this report be accepted and placed on file. Motion carried. Roll Call unaminous- 7 Ayes and 0 Nays( Councilman Pinter and Councilman Glass being absent Attached hereto is a remonstrance against this change which was filed with the City Plan Commission. 777 REGULAR MEETING MARCH 10th, 1952 ORDINANCE ANT ORDINANCE AMENDING SECTION 109 OF ORDINANCE No. 3208, as amended, being an amendment to the MUNICIPAL PLUMBING CODE OF THE CITY OF SOUTH BEND, INDIANA. This 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 for Public Hearing on March 24th, 1952, and third reading. Councilman Muszinski seconded the motion.' Motion tarried. Councilman Niezgodski asked for roll call and same was seconded by Councilman Korpal. Roll call vote 7 Ayes and 0 Nays( Councilmen Pinter and Glass being absent). ORDINAICE. AN ORDINANCE PROVIDING FOR THE APPOINTJ:.IENT OF AN ADDITIONAL BARRETT LAW CLERK, FIXING THE SALARY THEREOF AND APPROPRIATING FROM THE GENERAL FUND OF THE CIVIL CITY OF SOUTH BEND, INDIANA, THE SUM OF $19800.00 FOR THE PAYMENT OF SAID SALARY AND APPROPRIATING FROM THE GENERAL FUND THE SUM OF $240.00 FOR CERTAIN BUDGETARY ITEMS OF THE 1952 budget of said City and clearing an extraor- dinary EMERGENCY. THE above Ordinance was amended to read $1,800.00 instead of $2400.00. The Ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a motion that the Ordinance be amended to read One Thousand, Eight Hundred $1,800.00 Dollars instead of Twenty -four Hundred $2;100.00) Dollars. Motion seconded by Mr. Korpal. Councilman Muszynski made a motion that the above Ordinance be referred to the Committeeof the Whole for Third Reading and Public Hearing on March 24th, 1$52, Councilman Korpal seconded the motion. Motion carried. ORDINANCE 3860 AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN DWELLING UNIT*W NED BY THE CITY OF SOUTH BEND, INDIANA. The Ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a motion for suspension of Rules.. Councilman Bestle seconded the motion. Motion carried by roll call vote of 7 Ayes and 0 Nays. ( Councilmen Pinter and Glass being absent). Ordinance wat' given third reading and passed by a roll call vote of 7 Ayes and 0 Nays.( Councilmen Pinter and Glass being absent) ORDINANCE AN ORDINR?CE APPROVING, RATIFYING AND CONFIRMING A CERTAIN CONTRACT AND AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA, ACT- ING BY AND THROUGH ITS BOARD OF PUBLIC M RKS AND SAFETY, AND THE NORTHERN INDIANATRANSIT, INC., ITS SUCCESSORS AND ASSIGNS, WTTICH SAID CONTRACT RELATES TO THE RATES CHARGED FOR BUS TRANSPORTATION SERVICE UPON CERTAIN STREETS AND HIGHWAYS IN SAID CITY. The Ordinance was given first reading by Title and Second Reading in full. Councilman Niezgodski made a motion that this Ordinance be referred to the Committee of the Whole for public hearing on March 24th, 1952. Councilman Bestle seconded the motion. Motion carried by roll call vote of 7 Ayes and 0 Nays.( Councilman Pinter and Glass being absent). NEW BUS INESS Residents represented by Mr. Geo. J. Bauer and Mr. Donald Carter appeared before the Council with a petition and letter relative to conditions involving through truck traffic on Teryckenham Drive between Lincolway West and Mishawaka Ave., this condition being caused by weight limitation of Sample Street Bridge causing routing via the above route. Twyc'kenham pavement is not fitted forthis heavy traffic and is deteriorating seriously. Councilman Erler reassured them that Mr. Andrysiak, City Engineer, hopes to have repair work finished within five weeks inorder to relieve this situation. Councilman Niezgodski made a motion that this petition be referred to the Boardof Public Works and Safety. Councilman Muszynski seconded the motion. Motion Carried. Roll call vote 7 Ayes and 0 Nays( Councilmen Pinter and Glass being absent) Petitioners appeared RE: The petition of John Weiss, etc.al. for regarding change of Portage Avenue Zoning, etc. Councilman muszynski made a motion that the petitioners be heard. Councilman Niezgodski seconded this motion. Motion carried, and Mr. J.Ettl appeared for the petitioners and C. A. McDonald appeard for the remonstrators. Both sides being heard. Councilman Bestle moved that the said petition be received and placed on file. Councilman Hahn seconded the motion,Motion carried. { There being no further business before the Council, Councilman Hahn moved that the Council ixajourn. Councilman Bestle seconded the motion. Motion carried and the Council adjournedat 9:30 P.M. ATTEST: CLERK' APPRO D: Q PRESIDENT. 778