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HomeMy WebLinkAbout05-26-13 Council Meeting Minutes! 22l 22SSSSSS22S2222S222SSS :222SSSSS2Sil iiil 3' 2l tSi:: 2�S: SS SS SSS21iiSiiSlSiiSSit liiSi21SS2S1Sii221311Si2iSi122 REGULAR MEETING MAY 26TH, 1952 Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chamber, Monday, May 26th, 1952, at 8:17 P.M., with all members present. President Erler 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 May 12th, 1952. WALTER C. ERLER, SR. ) STANLEY C. KORPAL ) Committee W. A. KAHN ) Councilman Niezgodski made a motion that the report be accepted. Councilman Hahn seconded the motion. Motion carried. COMMUNICATION Mrs. Mayme DuMont Clerk of the Common Council South Bend, Indiana Dear Mrs. DuMont: Your letter has been turned over to Mr. Voor, Counsel for the Housing Authority of South Bend. The Galloway matter is in litigation in the courts and out of the hands of the Housing Authority. Yours very truly, H. S. Lowenstine Chairman of the Housing Authority of the City of South Bend, Indiana Councilman Niezgodski made a motion that the communibation be accepted and placed on file. -Councilman Bestle seconded the motion. Motion carried. PETITION Gentlemen: We, the undersigned property owners, petition your honorable body to disallow the construction of a service garage at Olive Street and Prast Blvd. (Approx. 200 signatures) Councilman Korpal made a.motion that the contractor through the Building Commissioner be requested to hold up the construction of the garage temporarily until legal status can be given whether allowed to build there. Councilman Muszynski seconded the motion. Motion carried. 5- MINUTE RECESS Councilman Hahn made a motion for a five minute recess. Councilman Korpal seconded the motion. Motion carried, and Council adjourned for five minutes at 9:26 P.M. COUNCIL RECONVENED AT 9 :31 P.M. REGULAR MEETING PETITION TO THE HONORABLE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA The undersigned hereby petition your Honorable Board and would show the following: 1. That Edward J. Heston, Jr. and Kathryn Heston are the owners of Lots Forty -five (45) and Forty -six (46) in Krou and Whitmore's Subdivision to the City of South Bend, Indiana. 2. That said real estate is in the incorporate area of the City of South Bend, Indiana, and is -now zoned A Residential. 3. That these petitioners are desirous of building a grocery store on said real estate, and request that the above described real estate be zoned C Commercial use, D Height and Area District, instead of A Residential and A Height and Area. WHEREFORE, your petitioners ask the Common Council of the City of South Bend, Indiana to rezone this real estate from A Residential to C Commercial, and from A Height and Area to D Height and Area. (Signed) EDWARD J. HESTON, JR. " . KATHRYN HESTON Councilman Korpal made a motion that the petition be referred to the City Plan Commission. Councilman Bestle seconded the motion. Motion carried. PETITION PETITION OF OWI%TERS .REQUES'TING ANNEXATION OF LAND TO THE CITY OF SOUTH BEND, INDIANA. TO THE-CONMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: The undersigned owners hereby respectfully petition the Common Council to annex to and declare to be a part of the City of South Bend, Indiana, the following described real estate in St. Joseph County, State of Indianan Beginning at a point on the present city limits 680.76 ft* east of the center of section 5 T. 37 N. R. 3 East; thence north 1301.10 ft.; thence west 144.64 ft.; thence north 1278 ft. to the north line of section 5 (center of Edison Road); thence east along the north line of section 5 a distance of 1605.94 ft.; thence south 1286.60 ft.; thence east 216.48 ft. to a point 336 ft. west of the east line of section 5; thence south parallel with and 336 ft* west of the east line of section 5 a distance of 1311.85 fto to the east and west center line of section 5; thence east 336 ft. to the east line of section 5 (center line of Hickory Road) thence south along the east line of section 5 a distance of 1193.50 fto to a point 1452 ft. north of the south line of section 5; thence west parallel with and 1452 ft. north of the south line of section 5 a distance of 1213.50 ft.- to the east line of McKinley Terrace Add* the present city limits. There is annexed to this petition three copies of drawings disclosing the location and layout of the above described real estate. There is also submitted herewith copies" of proposed ordinance to be adopted by the Common Council annexing the above described lands. Dated this 21 day of May, 1952. LAND DEVELOPERS COMPANY, INC. (Signed) Virgil A. Place, President Andrew S. Place n Georgia E. Place James F. Peacock SR Mary Anna Peacock It Virgil A. Place If Helen Place Councilman Bestle made a motion that the petition be referred to the City Plan Commission. Councilman Korpal seconded the motion. Motion carried: PETITION PETITION 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 owners hereby respectfully petition the Common Council to amend and supplement the present zoning ordinance No. 3702'by the adoption of an ordinance zoning the following described real estate in the City:o£ South Bend, County of St. Joseph, State of Indiana, as "A" "Residential -District and "A" Height and Area District: Beginning at a point on the east and west center line of section 5 T. 37 N. R. 3 E. 1305.11 ft. East of the Center of said Section 5, thence north 670 ft.; thence west 614.34 ft.; thence north 631.10 ft.; thence west 144.64 ft.; thence north 1278 ft, to the north line of section 5 (center line of Edison Road); thence east along the north line of said section 5 a distance of 1605.94 ft.; thence south 1286.60; thence east 216.48 ft* to a point 336 ft* west of the east line of section 5; thence south parallel with and 336 ft* west of the east line of section 5 a distance of 1311.85 ft. to the east and west center line of section 5; thence east 336 ft. to the east line of section 5 (center line of Hickory Road); thence south along the east line of section 5 a distance of 1193.50 ft. to a point 1452 ft. north of the south line of section 5; thence west a distance of 1213.50 ft. to the east line of McKinley Terrace Add. thence north along the east line of McKinley Terrace Add. a distance of 1187.28 ft: to the east and west center line of section 5 (center line Corby St.); thence west along the east and west center line of section 5 a distance of 180 ft. to the place of beginning; and Zoning the following described real estate in the City of South Bend, County of St. Joseph, State of Indiana, as "C" Commercial District and "E" Height and Area District: MR REGULAR MEETING (Continued from page 799) Beginning at a point 68U.76 ft. east of the center of section 5 T. 37 N. R. 3 East; thence north 670 ft.; thence east 614.34 ft. to the west line of proposed Manchester Drive; thence south 670 ft. to the east and west center line of section 5; thence west 614.34 ft. to the place of beginning; Containing 9 Ac. Dated this 21 day of May, 19529 LAND DEVELOPERS COMPANY, INC. (Signed) VirgilA Place, President James F. Peacock " Andrew S. Place Mary Anna Peacock #" Georgia E. Place Virgil A. Place Helen Place MAY 26TH, 1952 Councilman Korpal made a motion that the petition be referred to the City Plan Commission. Councilman Hahn seconded the motion. Motion carried. REPORT OF 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 1952 budget of the Civil City of South Bend, Indiana, and appropriating from the General Fund of said city to the Police Department and from the 'Street and Traffic General Fund of said City to the Street Department under the 1952 Budget 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. 1M. A. HAHN, Chairman Councilman Korpal made a motion that the report be accepted. Councilman Bestle seconded the motion. Motion carried. ORDINANCE NO. 3871 AN ORDINANCE REDUCING CERTAI14.ITEMS IN THE 1952 BUDGET OF THE CIVIL CITY OF SOUTH BEND, INDIANA, AND APPROPRIATING FROM THE GENERAL FUND OF SAID CITY TO THE POLICE DEPARTMENT AND FROM THE STREET AND TRAFFIC GENERAL FUND OF SAID CITY TO THE STREET DEPARTMENT UNDER THE 1952 BUDGET AND DECLARING AN EXTRAORDINARY EMERGENCY. The ordinance was given third reading and passed by a roll call vote of 9 ayes - A nays. ORDINANCE NO. 3872 AN ORDINANCE AMENDING GENERAL ORDINANCE 3709 BEING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA BY THE ADDITION OF SECTION 26 OF,CHAPTER 30 THEREOF EXTENDING THE JURISDICTION AND AUTHORITY OF THE BOARD OF PARK COMMISSIONERS OF SAID CITY. 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 9 ayes - 0 nays. The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE NO. 3873 AN ORDINANCE AMENDING THE 1952 APPROPRIATION AND BUDGET ORDINANCE OF THE CIVIL CITY OF SOUTH BEND, INDIANA. The ordinance was given first reading by title and second reading in full. Councilman Korpal made a motion for suspension of rules. Councilman Niezgodski seconded the motion. Motion carried by a roll call vote of 9 ayes - 0 nays. The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND THE SUM OF $6,000.00 TO THE 1952 BUDGET OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF A STUDY AND REPORT ON STREET USE AND PARKING PROBLEMS IN SAID CITY AND DECLARING AN EXTRAORDINARY EMERGENCY. The ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion that the ordinance be referred to the Committee of the 'Whole for public hearing on June 9th. Councilman Niezgodski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE NAMING A CERTAIN ALLEY IN THE CITY OF SOUTH BEND HEREIN AFTER DESCRIBED. (Alley runs directly North of Memorial Hospital) The 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 on June 9th. Councilman Bestle seconded the motion. Motion carried. :i 11 REGULAR MEETING MAY 26TH, 1952 RESOLUTION WHEREAS the Common Council of the Civil City of South Be-,Id, Indiana has heretofore by Resolution authorized its Board of Park Commissioners to grant a lease of land located at Greenlawn Ave. and North Side Blvd. in said city for use by the United States of America for an Armory for the United States Army Reserve Corps for a period of not exceeding fifty (50) years at an annual rental of $1.00 per year with an option on the part of the Lessee at the termination of the lease to restore the site or transfer ownership of the building erected thereon to the Lessor, and WHEREAS the Lessee, through its proper agents, has requested that the rental reserved in said lease to be paid by the Lessee be changed to the sum of $1.00 for the entire term of said lease instead of $1.00 per year for the reason that the processing of payment of $1.00 per year through government channels would amount to an excessive and wasteful cost to the government and the taxpayers, and WHEREAS the designation of said rental was in the first instance a nominal amount and was not calculated as an, item of revenue to the city, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the Civil City of South Bend, Indiana that the Board of Park Commissioners be authorized and empowered to amend the provisions of the lease hereinbefore described to provide for the payment of rental of $1.00 for the entire term of the lease in place of rental of $1.00 per year. (Signed) Percy Alford Member of the Common Council Councilman Niezgodski made a motion that the resolution be adopted. Councilman Korpal seconded the motion. Motion carried by a roll call vote of 9 ayes - 0 nays. NEW BUSINESS Dear Sir-. May 20, 1952 The Bus Driver's Union would like to call your attention to certain reduction in service that the Northern Indiana Transit Co. Inc. is making effective June 7, 1952. The Company is reducing the service on Saturdays from 10 to 15 minute head way on the following lines: North Side Mishawaka and Western avenue, Michigan and Portage, South Side Mishawaka and Bendix. They reduced the service during peak periods on Miami and L. W. W. March 1, 1952 from 10 to 15 minute service. In the Past month tripper service has been out from Studebakers, Bendix, State Line, Twin Branch, and on other lines. In the Company's plea for a fare increase before the cities of South Bend and Mishawaka they said the increase was necessary to maintain present service. Also during the year 1951 300,000 .miles was out from the Company Schedules which was never replaced. The above mentioned cuts proposed by the Company on June 7, 1952 are not normal summer time reductions, therefore the Union believes that it is the responsibility of the Common Council of South Bend and Mishawaka to curb the Company from *aking reductions beyond the normal summer time reductions which are school tripper runs. Councilman Muszynski made a motion that the communication be Motion carried. Councilman Muszynski made a motion that the communication be Niezgodski seconded the motion. Motion carried. Sincerely yours, (Signed) James B. Wilson, Rea. Sec. it Pres. Peter Downs, Vice Pres. Miller It Executive Board, Robt. Harris, Alva Bowers, Clarence Blat z read. Councilman Niezgodski seconded the motion. referred to the Board of Public Works. Councilman There being no further business before the Council, Councilman Niezgodski made a motion to adjourn, which motion was seconded by Councilman Korpal. Motion carried, and Council adjourned at 10:15 P.M. ATTEST: CLERK APPRO" D: PRESIDENT