HomeMy WebLinkAbout03-24-52 Council Meeting MinutesU1j1Ji4.1 v
REGULAR MEETING
MARCH 24th, 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 24th, at 9:55 P.M. with seven members present.( Councilmen Pinter and Bestle being
absent).
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 March 10th, 1952.
COMMUNICATION
Mr. Eli Miller
Board of Public Safety
South Bend, Indiana.
Dear Sir
Walter C. Erler )
Stanely C. Korpal) Committee
W. A. Hahn )
On Monday evening, March 10th, 1952, a representative group of owners of property on or adjacent
to that portion of T wyck.enham Drive between Mishawaka Ave., on the north and Lincolnway East on the South appeared
before the City Council to protest the increased heavy truck traffice though this residential area;
We were told by Mr. W.Erler, President of the City Qouncil that:
(a) this condition was caused by the fact that restrictions had been
placed on the Sample Street bridge, but that repairs would be
effected which would permit resumption of truck traffic over that
bridge within six,weeks, depending on weather conditions, and
:.(b) temporary repairs would be effected on Twychenham Drive as soon as
possible to eliminate the damaging vibrations caused to homes in
that area by the heavy trucks striking the numberous and large breaks
in the pavement, and
(c) the traffic department would investigate the use of this section of
the street by trucking companies who have not been granted perm:UtIon
to do so.
:( continued)
MARCH 24. 1952.
In this latter connection, Chief of Polio Gillen had advised Mr. George Bauer, who is also
representing the property owners in this matter that the only trucking firm who had been given official
authority to use this street was Mercury Motorways.
A list of carriers whose trucks were using this thoroughfare was included in the writer's letter
of March 8th to Police Chief Gillen, a copy of which was submitted to the City Council together with a
petition carrying the signatures of over 95/ of the property owners-on this street objecting to this con-
dition.
We have seen no improvement in this connection; in fact, more trucks of a greater number of truck-
ing firms are finding this to be a "convenient " route every day. During the past week, vehic:. les of the
following carriers were observed during the daylight hours on this section of Twyck.enham Drive:
Trans American Freight Lines
South Bend Freight Lines
Tucker Freight Lines
Michigan Motor Freight
Shore Line Express
Commercial Motor Freight
Hover
Independent Trucking Lines
Liberty Highway Company
Clemans Truck Lines
Keeshin Motor Express, Inc.,
Norwalk Truck Lines
West Shore Express
Inter -State System.
There were also many large corss- country gasoline trucks from the Gulf: Standard, and Marathon Oil
Companies. Other vehicles carried no visible names for indentification, and of course, much of this type
of movement is after dark, which makes carrier identification difficulty.
Although some temporary repairs were made to the street during the past week, this improvement will
be short -lived unless something is done to eliminate unwarrented, and we believe, unnecessary violations
of the residential and boulevard restrictions which should protect our neighborhood. We ask, again, that
this matter be investigated and something constructive done about it.
Sincerely,
Donald L. Carter
918 Twychenham Drive.
CC- Walter Glass — Councilman
Walter Eyler- City Council President.
Richard Gillen- Chief of Police.
Georgd Bauer- Representative of property owner.
Councilman Glass made a motion that this letter be referred to the Board of Public Works and Safety. Council-
man Niezgodski seconded the motion. Motion carried. Roll vote of 7 Ayes and 0 Nays. ( Councilmen Pinter and
Bestle being absent).
PETIT ION:
r.:
FOR REZONING REAL ESTATE:.
( Further reference see
( Page 781
Lot numbered two (2) as shown on the recorded
plat of Bulla "and Patton's Addition to the City
of South Bend, excepting therefrom a strip of
land ten (10) feet in width taken off of and from
the Southeasterly side thereof.
Councilman Korpa`l made a motion that this petition be referred to the City Flan Commission. Councilman
Hahn seconded the--motion. Motion carried. Roll call vote of 7 Ayes and 0 Nayes( Councilmen Pinter and Bestle
being absent).
FOR REZONING REAL ESTATE:
Petition ,of John Weiss, et.a1:, for change of zoning
of Lots S. 6, 7, 89 9, 10, 11, 12'and 13 in Morris
Park Addition, Lots 117, 1181, 119, 187, 188 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
districts to "C" Commercial and "D " Height and area district.
to= wit:..
A lot or parcel of land bounded by a line running as
follows, VIZ: Beginning on the North line of the South Half
(I of the Southwest Quarter (4) of Section Number Thirty -five
(35), Twonship Number Thirty -eight (38) North, Range Number
Two (2) East, at a point One Hundred and Fifty -tm (152) feet
East of the Easterly line of Portage Avenue in the City of
South Bend; thence running East on said North Line of said
half Quarter (4) of section 361 feet, more or less, to the North-
west corner of a lot conveyed to Willis W. Kinyon and Minnie E.
Kinyon by Warranty Deed dated February 21st, 1919, and recorded
in Deed Record 159 page 187 of the Records of said County; thence
South 134.6 feet more or less, to the North line of Kinyon Street
to the Easterlylineof said Portage Avenue; thence Northwesterly
along said Easterly line of Portage Avenue to a point 91 feet
due South of the North line of said South half of the Southwest
Quarter (4) of said Section Number Thirty -five (35) said point
being the -flout hwesterly corner of lot conveyed to Schuyler C. Rose
by Warranty Deed, dated Mary 27th, 1918, and recorded in Deed
Record 158, page 226, of the records of said County; thence East
on the South line of said Rose lot, 117.15 feet to the Southeast
corner thereof; thence North on the East Line of said Rose Lot 91
feet to the place of beginning.
( continued)
NAME ADDRESS DESCRIPTION
Morris Park Lot No.5
�s/ John Weiss
s Elizabeth Weiss
Couneilman'Niezgodski moved that this petition be referred to the City Plan Commission. Councilman Korpal seconded
the Motion. Motion carried. Roll Call vote 7 Ayes and O.Nays. ( Councilman Pinter and Bestle being absent)
PETITION
Petition to rezone "' THE FOUR CORNERS AT MCKINLEY AVE., AND TWYCHENHAM DRIVE,
NOW ZONED, COMMERCIAL BE CHLNGED TO "A" RESIDENCE DISTRICT.
MCKINLEY AVE., WEST OF TWYCKENHAM DRIVE TO JACOB, NOW "B"
RESIDENCE DISTRICT BE CHANGED TO "A" R.ESI "DENCE DISTRICT ".
Councilman Muszynski moved that this petition be referred to the City Plan Commission.
Councilman Korpal seconded the motion. Motion carried. Roll call vote 7 Ayes and 0 Nays.(Councilman Pinter and
Bestle being absent) .
PETITION(See Page 780)
STATE OF INDIANA )
ST. JOSEPH COUNTY )
CITY OF SOUTH BEND )
IN THE MATTER OF THE PETITION )
OF JOSEPH BARTKOWIAK )
AND GERTRUDE BARTKOWIAK FOR }
REZONING OF REAL. ESTATE )
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA:.
BEFORE THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND
PETITION FOR REZONING
REAL ESTATE
The undersigned, Joseph Bartkowiak and Gertrude Bartkowiak, husband and wife, respectfully
petition and show to this honorable body the following::
1. That they own the following described real estate situate in St. "Joseph County, Indiana, which
is now zoned and classified under the zoning Ordinance of said City of South Bend, being known as number 3702,
as amended adopted June 13, 1949, as "C" Commercial District and as "." Height and Area District, to -wit:
LOT NUMBERED TViO` (2) AS SHOWN ON THE RECORDEDPLAT OF BULL AND PATTON'S
ADDITION TO THE CITY OF SOUTH BEND, EXCEPTING THEREFROM A STRIP OF LAND
10 FEET IN WIDTH TAKEN OFD` OF AND FROM THE SOUTHEASTERLY SIDE THEREOF.
2. That they also own the following described adjoining real estate situate in St. Joseph County,
State of Indiana; which is now zoned "A -1" Residence District and "A " Height and Area District under said
toning Ordinance, to -wit::
LOT NUMBERED THREE (3) AS SHOWN ON THER.ECORDED PLAT OF BULLA AND
PATTON'S ADDITION TO THE CITY OF SOUTH BEND.
3. Attached hereto and made a part hereof is a tracing of a plat of said lots 2 and 3 showing
the present zoning status of each; that lot 2-represents the location of the present grocery store and a
proposed extension thereof of the petitioners, which said lot is now zoned as "C" Commercial iDistrict and "W'
Height and Area District as above indicated; that lot 3 of said tracing represents the real estate for vhich
this petition is filed and which is zoned for residence purposes as above indicated;
4. That your petitioners desire to have said lot 3 rezoned and reclassified by the amendment of
said Toning Ordinance from the above classification to "C" Commercial District and "E" Height and Area District.
5 That your petitioners intend to make the following use of said lot 3 if the same is rezoned
in accordance with this request: That your petitioners now maintain a grocery store on said lot 2 with its
customers' entrance on California Avenue; that it is their plan to enlarge said grocery store by building an:.
addition thereto on the northeasterly and thereof so as to extend said grocery store within said lot 2 to the
southerly line of Portage Avenue, with an additional customers'ent:rance on Portage Avenue; the enlargement
of the store will constitute said grocery into what is known as a "super- market' ", with an anticipated greater
amount of customer traffic; said tracing indicates the location of the proposed extension to the grocery store;
6. That said lot 3 will be used under the plan of petitioners as an off street parking lot for the
use of customers of the enlarged grocery store, thus avoiding the excessive parking use of near -by- streets by
customers of the petitioners during the business hours of the enlarged grocery store; it is felt that this
commercial use of,said lot 3 is consistent with the general commercial use of the entire northwest corner of
the intersection of Portage Avenue and California Avenue and will cause such commercial use to be less
offensive to the surround7cloAnunity; than..it would otherwise be without such off street parking for customers
of the grocery store.
WHEREFORE your petitioners respectfully pray that the zoning Ordinance of said City of South
Bend may be amended to allow the rezoning hereinabove proposed.
, s/' Joseph Bartkowiak
/s/ Gertrude Bartkowiak
STATE OF INDIANA )
ST. JOSEPH COUNTY ) SS
Joseph Bartkowiak and Gertrude Bartkowiak, the petitioners in the foregoing petition for
rezoning, being first duly dworn on oath, depose and say: that they are petitioners in the above petition and
have read the same; that the allegations of said petition are true to their best information andbelief.
/S s . Joseph Bartkowiak
Gertrude Bartkowiak
Subscribed and sworn to before me, a Notary Public, in and for said County and State, this 14th day of March,
1952.
My Comm. Exp: 8 -7 -53 /s/ Harriet R. Tritle - Notary Public.
782
MEETING
ORDINANCE 3861
AN ORDINANCE PROVIDING FOR THE APPOINTMENT 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
STRJ OF $1,800.00 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. Motion
Councilman '9u"jmjrj& made a motion that this Ordinance be accepted, Councilman Korpal s conded the motion.carrie
The Ordinance was given third reading and passed by Roll call vote of 7 Ayes and 0 Nays Councilmen Pinter
and Bestle being absent).
ORDINANCE 3862.
AN ORDINANCE AMENDING SECTION 109 of ORDINANCE N0. 3208,
AS AMENDED, BEING AN AEMEDDMENT TO THE MUNICIPAL PLUMB-
ING CODE OF THE CITY OF SOUTH BEND INDIANA.
Councilman Hahn moved'.that this Ordinance be accepted. Councilman Korpal seconded the motion.
Motion carried. Roll call vote of 7 Ayes and 0 Nays. ( Councilman Pinter and Bestle being absent)
ORDINANCE 3863
AN ORDINANCE 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 ANDTHROUGH ITS BOARD OF PUBLIC WORKS AND
SAFETY, ANDTHE NORTHERN INDIANA TRANSIT, INC., ITS
SUCCESSORS ANDASSIGNS, WHICH SAID CONTRACT RELATES
TO THE RATES CHARGED FOR BUS TRANSPORTATION SERVICE
UPON CERTAIN STREETS AND HIGHWAYS, IN SAID CITY.
Ordinance was given third reading. Councilman Muszynski moved that the report of the Committee of the
Whole be accepted( as going favorable to the Council). Councilman Glass seconded the motion. Motion
carried. Roll call vote of 7 Ayes and 0 Nays. ( Councilmen Pinter and Bestle being absent).
ORDIN9 CE 3864
AN ORDINANCE APPROVING AN. AMENDMENT OF THE GARBAGE
COLLECTION AND DISPOSAL CONTRACT BETWEEN THE CITY
OF SOUTH BEND DEPENDABLE DISPOSAL COMPANY, INC.,
WHICH AMENDMENT WAS ENTERED INTO ON BEHALF OF THE
CITY OF SOUTH BENDBY ITS BOARD OF PUBLIC WORKS AND SAFETY
AND THE DEPENDABLE DISPOSAL COMPANY, INC.
This ordinance was liven first and second readings., Motion by Niezgodski and seconded by Hahn for
the Suspension of 1ules and Ordinance be given third reading. Motion carried. Roll call vote of 7 Ayes
and 0 Nays. ( Councilmen Pinter and Bestle being absent) Ordinance was given third reading and passed.
Roll call vote of 7 Ayes and 0 Nays.( Councilmen Pinter and Bestle being absent)
REPORT ON SPECIAL COMMITTEE
Councilman Erler, Korpal and Glass reported on the following:
An Ordinance appropriating from the estimated Parking MeterFund for 1952 of $105,000.00 the
sum of $94, 175.00 for certain budgetary items as follows:
Be It Ordained by the Common Council of the City of South Bend, Indiana, the sum of
Ninety -four thousand one hundred and seventy five ($940175.00) Dollars be appropriated from
the estimated Parking Meter revenue for 1952, and is hereby appropriated for the uses and
purposes of the following budgetary itemms, in the anount and the department set forth below.
For the payment of maintenance, operation and repair and all incidental costs and expenses
in the operation of said mechanical parking devises:
Services Personnel ...... ............................... $20,000.00
Telephone* .... ........ 100.00
Insurance ..................... 0........................ 125.00
Travel ................ .............0................. 300.00
Medical... ............... 50.00
Locks ................... ............................... 2,000.00
Repair Parts ..................... 0..................... 1,000.00
Bank Service Charge...... .................. .... 100,00
General Supplies.......... ...... .... 0 500.00
Total.... o ......... #**e**o***o**o* $241175.00
For the payment of the cost of traffic signal devices also for the payment of repair and
improvement of any of the public streets and highways where mechanical parking devices are in use
and all streets connected herewith.
To Street and Traffic Fund ............................ ....................$70,000.00
/83
REGULAR MEETING MARCH 24th, 1952.
Councilman Niezgodski made a motion that the City Attorney check over and inform the City Council
concerning this budget. Councilman Korpal seconded the motion. Motion carried. Roll call vote 7 Ayes and ,0 Nays.
( Councilmen Pinter and Bestle being absent).
NEAT BUSINESS.
Mr. Muszinski suggested that the Board of Works and Safety look after-the deterioration of the
pavement caused by trucks going over certain streets because of the widening of Western Avene. Mr. Korpal said
that the City Engineer should look into rerouting these trucks. Motion made by X ouRfillITHki that these trucks
be rerouted and Councilman Korpal seconded the motion. ",lotion carried. Roll call vote of 7 Ayes and 0 Nays.
( Councilmen Pinter and Councilman Bestle being absent).
Councilman Korpal made a motion that the Council meet with the Mayor Monday Night, March 31st, 1952
at 7:30 P.M. for an informal discussion. Councilman Niezgodski seconded the motion. Motion carried. Roll call
vote of 7 ayes and 0. Nays. ( Councilman Pinter and Bestle being absent)
There being no further business, Councilman Glass made a motion that the Council adjourn and
Councilman Niezgodski seconded the motion. Motion carried, and the council adjourned at 9:50 P.M.
ATTEST: APPROVED:
CLFHi ` Gi
PRESIDENT