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Home My WebLink About07-28-13 Council Meeting Minutesi i i i i i i i • i i i i i i i ♦ i • i i i i i • i b"i~ ' �� i il i i • • i • i i i i i • i i i i i i i • i i i i i i REGULAR MEETING JULY 28TH 1952 Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chambers, Monday, July 28th, 1952, at 8:50 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 -July 14th, 1952. WALTER C. ERLER, SR.) STANLEY C. KORPAL ) Committee W. A. HAHN ) Councilman Muszynski made a motion that the report be accepted. Councilman Hahn seconded the motion. Motion carried. PETITION We, the undersigned, are asking that the City of South Bend to take action against the South Bend Sand & Gravel Co., 3113 Lincoln Way West on the following issues: 1. To eliminate the thick black smoke which covers the area daily caused by their steam engine. The smoke is damaging to our health. It prevents us from opening windows and doors for proper ventilation. Also it is damaging to the inside and outside of our homes, even preventing us from hanging out our clothes to dry. 2. That they fence in their property on Goodland Ave. as it is dangerous for children and traffic. We demand that this action be taken immediately. (50 Signers) Councilman Glass made a motion that the petition be referred to the Board of Public Works. Councilman Muszynski seconded the motion. Motion carried: 5 I REGULAR MEETING JULY 28TH, 1952 PETITION To the Honorable Common Council of the City of South Bend: We, the undersigned, hereby petition for the annexation to the 'City of South Bend, the following small parcel of land: Beginning at a point 165 feet West of the center of Gertrude Street, which is the present Vest line of the city, and 200 feet South $f the center of Ewing Avenue; thence South 1104.2 feet, thence West 22 feet, thence North 1104.2 feet, thence East to the place of beginning. Respectfully submitted, WHITCOMB & KELLER, INC. By: Fred W. Keller, President Councilman Glass made a motion that the petition be referred to the City Plan Commission. Councilman Hahn seconded the motion. Motion carried. REQUEST TO WITHDRAW PETITION FOR REZONING Mr. Dalton Moomaw Building Commissioner The City Hall South Bend,, Indiana Dear Mr. Moomaw: In view of the fact that considerable opposition has arisen against the petition of Doctor and Mrs. K. T. Knode to rezone,�.ots Numbered l to 11 in Navarre Place Addition, 'Doctor and Mrs. Knode have decided that they Yo uld not like to prosecute this petition any further at the displeasure of their neighbors. I have been instructed by them, therefore, to request that you withdraw the petition, and both Doctor and Mrs. Knode have asked me to thank you for your courtesy and cooperation in connection with this matter. I am sending Mr. George N. Beamer, the attorney for the remonstrators, a copy of this letter. Respectfully yours, (Signed) W. E. Voor Of Voor, Jackson, Grant & McMichael Councilman Korpal made a motion that the request to withdraw petition for rezoning be granted. Councilman Bestle seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE To tote Common 9Couno` l of the'City of South Bent: Your Committee of the Whole to whom was referred "An Ordinance amending Ordinance No. 3702 commonly known as the Zoning Ordinance of the City of South Bend, Indiana ". Respectfully report..that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. WM. A. HAHN, Chairman Councilman Korpal made a motion that the report be accepted. Councilman Niezgodski 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 amending Sections 55 and 59 of Chapter 29 of Ordinance 3709 approved July 12, 1949, commonly known as '"Municipal Code of the City of South Bend, Indiana., 1949". Respectfully report that they have examined the matter and that in their opinion this ordinance,go to the Council as favorable. WM. A. HAHN, Chairman Councilman Glass made a motion that the report be accepted. Councilman Korpal seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the 'City of South Bends Your 'Committee of the Whole to whome was referred "An Ordinance amending Ordinance No. 3702 commonly known as the Zoning Ordinance ". Respectfully report that they have examined the matter and that in their opinion this ordinance be postponed until August 11th, 1952. WM. A. HAHN, Chairman Councilman Mus7ynski made a motion that the report be accepted. Councilman Korpal seconded the motion. Motion carried. 811 ORDINANCE NO. 3878 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Unplatted land on south side of Ford Street East from the right of way of the G. T. W. Ry. 112 feet along Ford Street and 152 feet deep) The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE NO. 3879 AN ORDINANCE AMENDING SECTIONS 55 AND 59 OF CHAPTER 29 OF ORDINANCE 3709 APPROVED JULY 12, 1949, COMMONLY KNOWN AS "MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1949". The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE NO. 3880 AN ORDINANCE AMENDING LANDS TO AND DECLARING SAME TO BE A PART OF THE CITY OF SOUTH BEND, INDIANA. JULY 28TH, 1952 The ',ordinance was given first reading by title and secorl reading in full. Councilman Glass 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 OR "DINANCE TO CHANGE THE NAME OF CHARLES AVENUE TO WHITCOMB AVENUE. The ordinance was given first reading by title and second reading in full. Councilman Korpal made a motion that the ordinance be referred to the next Council meeting on August 11th. Councilman Muszynski seconded the motion. Motion.carried. ORDINANCE AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF ALL BUDGET-OPERATED DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1953, AND ENDING DECEMBER 31, 1953, INCLUDING DEPARTMENTS, FUNDS. AND COMMISSIONS FOR WHICH MONEY IS APPROPRIATED, IN WHOLE OR IN PART, FROM FUNDS OTHER THAN THE GENERAL FUNDS, OF SAID CITY, TO -WIT: STREET, TRAFFIC AND PARK DEPARTMENTS, FIREMEN'S PENSION AND POLICEMEN'S PENSION FUNDS, AND THE CITY PLAN COMMISSION: PROVIDING THAT SUCH APPROPRIATIONS SHALL INCLUDE ALL OUTSTANDING CLAIMS AND OBLIGATIONS: FIXING THE SALARIES OF ALL CITY OFFICIALS AND EMPLOYEES, REPEALING ALL ORDINANCES AND PARTS OF OR "DINANCES IN CONFLICT HEREWITH: PROVIDING A TIME WHEN THE SAME SHALL TAKE EFFECT. 4 • The ordinance *as 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 August 25th. Councilman Bestle seconded the motion. Motion carried. 0RDINANCE AN ORDINANCE FIXING THE TAX LEVY FOR THE YEAR;1953 FOR THE MUNICIPAL CITY OF SOUTH BEND, INDIANA. The ordinance was given first reading by title and second reading in full. Councilman Korpal made a motion that the ordinance be referred to the Committee of the Whole for public hearing on August 25th. Councilman Niezgodski seconded the motion. Motion carried. ORDINANCE 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 Niezgodski made a motion that the ordinance be referred to the Committee of the Whole for public hearing on August 11th. Councilman Hahn seconded the motion. Motion carried. ORDINANCE AN ORDINANCE TRANSFERRING MONIES FROM P -11, POLICE DEPARTMENT SALARY FUND, TO P -726, POLICE DEPARTMENT OTHER EQUIPMENT FUND, $12,000, -DECLARING AN 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 August 11th. Councilman Niezgodski seconded the motion. Motion carried. t ORDINANCE AN ORDINANCE REDUCING CERTAIN ITEMS IN THE 1952 BUDGET FOR THE OFFICE OF MAYOR OF THE CIVIL CITY OF SOUTH BEND, INDIANA, IN THE AMOUNT OF $590 AND FOR THE ENGINEERING DEPARTMENT IN THE AMOUNT OF $1500 AND FOR THE BUILDING DEPARTMENT IN THE AMOUNT OF $510.25 AND FOR THE STREET DEPARTMENT IN THE AMOUNT OF $1,000 AND FOR THE BOARD OF HEALTH IN THE AMOUNT OF $472.67 AND APPROPRIATING FROM THE GENERAL FUND OF SAID CITY TO THE BUDGETS FOR SAID DEPARTMENTS IN SAID AMOUNTS AND DECLARING AN EXTRAORDINARY EMERGENCY. JULY 28TH. 1952 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 for public hearing on August 11th. Councilman Korpal seconded the motion. Motion carried. RESOLUTION WHEREAS, the South Bend Freight Lines, Inc. violating the Zoning Ordinance by using lots in Hoose Court just east of Chapin Street as a trucking terminal, and WHEREAS, requests have been made that the trucking company seek another location properly zoned, the trucking company has paid no attention, and WHEREAS, numerous complaints have been received of noise all hours of the day and night, and WHEREAS, these heavy trucks traveling to and from their terminal causes the destruction of street pavements not constructed to carry such heavy trucks including the new Chapin Street pavement, NOW THEREFORE BE IT RESOLVED that the Board of Works and Flaming Commission be instructed to take such action as is necessary to have the trucking company cease using this location as a trucking terminal. WALTER C. ERLER, SR. , Member of the Common Counci: CLEM NIEZGODSKI Councilman Muszynski made a motion for the adoption of the resolution. Councilman Glass seconded the motion. Motion carried. RESOLUTION WHEREAS, God, in his infinite wisdom has called from this life, Lester Hu rwich, the brother of our city attorney, WHEREAS, his untimely death has brought grief and sorrow, to his brother Irving Hurwich and his family and friends, NOW THEREFORE, be it resolved that We the Common Council of the City of South Bend extend to the city attorney, Irving Hurwich and his entire family our sincere sympathy in this their hour of deepest sorrow. WALTER C. ERLER, SR. CHESTER E. MUS'ZYNSKI PERCY ALFORD STANLEY C. KORPAL WALTER G. GLASS W. A. HAHN CLEM NIEZGODSKI CLOYD BESTLE MICHAEL R. PINTER MEMBERS OF TrE COUNCIL - Councilman Niezgodski made a motion for the adoption of the resolution. Councilman Glass seconded the motion. Motion carried. UNFINISHED BUSINESS Councilman Niezgodski made a motion that the Board of Public Works report to the Council regarding what action has been taken relative to removing trucking terminals from residential areas. Councilman Korpal seconded the motion. Motion carried. Councilman Muszynski made a motion that -the Board of Public Works notify the New York Central railroad to make repairs on railroad crossings at Walnut, Harris, Sample and Olive Streets, and Twyokenham Drive. Councilman Korpal seconded the motion. Motion carried. NEW BUSINESS Councilman Glass made a motion that the City Attorney be instructed to investigate firework ordinances in other cities to determine what can be done to legislate against loud explosions. Councilman Hahn seconded the motion. Motion carried. There being no further business before the Council, Councilman Hahn made a motion to adjourn, which motion was seconded by Councilman Muszynski. Motion carried, and Council adjourned at 9:55 P.M. ATTEST: )24-� CLERK APP ROVED: PRESIDENT