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HomeMy WebLinkAbout08-11-13 Council Meeting Minutes•• •••••••••• SSSSLSSSSSSSLiS2S :iL22S2iSL2ii%SS2iSt1ii,'tiS iitiit2sisifiitta:fiftsst:� {ss {fist {stf•��is���as REGULAR MEETING AUGUST 11TH, 1952 Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chamber, Monday, August 11th, 1952, at 9 :15 P.M., with all members present except Councilman Bestle, President Erle r 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 28th, 1952. WALTER C. ERLER, SR.) STANLEY C. KORPAL ) Committee W. A. HAHN ) Councilman Muszynski made a motion that the report be accepted. Councilman Korpal seconded the motion. Motion carried. PETITION To the Common Council of the City of South Bend, Indiana Gentlemen: South Bend, Indiana August 6, 1952 We, the undersigned, being the owners of the following described real- estate, to -wit: Part of Bank out lot Number 26, as shown on the recorded First Plot of out lots to the Town, now the City of South Bend, platted by the State Bank of Indiana, described as beginning at a point on the South line of said lot, 25 feet west of the original South East corner thereof, which point is now the North -West corner of the intersection of Washington and Taylor Streets, running thence West on the North line of Washington Street, 93.39 feet, thence North 169.36 "feet, thence East 93.39 feet to the West line of Taylor Street, thence South 169.36 feet to the place of beginning. Hereby, petition your Honorable body to change the zoning of the above described lot in the City of South Bend, Indiana, from "B" residence district-, "C" height and area district, to "C" commercial district,. "F" height and area district. Respectfully submitted, (Signed) Phillip Smith, Irving Mooren & Jacob Mooren Councilman Hahn made a motion that the petition be referred to the City Plan Commission. Councilman Glass seconded the motion. Motion carried. s � �. REGULAR MEETING AUGUST 11TH, 1952 PETITION PETITION TO CHANGE ZONING CLASSIFICATION BEFORE THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA. The undersigned, the legal owner of the following described real estate in the City of South Bend, Indiana, to -wit: A tract or parcel of land, commencing at the Southwest corner of Lot Lettbred "A" as shown on the recorded Plat of Raff's Fourth Addition to the City of South Bend, in St. Joseph County, Indiana, running thence East along the South line of said lot, 123.66 feet; thence North parallel with 'the West line of said lot 90 feet; thence West parallel with the South line of said lot, 123.66 feet to the West line of said lot; thence South along the West line of said lot, 90 feet to the place of beginning, which real estate with building thereon has been used for over 25 years for church purposes. That by virtue of the adoption of an ordinance for the City of South Bend, said property described aforesaid was zoned for residential use. Your petitioners respectfully request that the above described property be changed in classification from the presently zoned "residential" to "Commercial C Use District" and "E" Height and Area District for the following reasons:,, 1. That your petitioners are in the process of building a new church and that the above described property will no longer be of use to your petitioners, and said property will be abandoned for church purposes. -'2. That :thatxg said property is zoned "residential " the above described property with the church thereon is not suitable for residential purposes. 3. That the above described real estate is located on the South part of Lot "At' of Raff's Fourth Addition to the City of South Bend, and that the North part of said lot immediately adjoining your petitioner's property is zoned "Commercial % "E" Height and Area 'District, and that the request of your petitioners for said change of zoning classification would only be an extension of a now presently highly commercial area. 4. The use of the above described property for commercial purposes will benefit and substantially serve the public convenience and welfare, especially the neighboring property which is largely commercial and will not interfere with the appropriate use of the neighboring property. WHEREFORE, your petitioner prays that this Council grant the change in zoning classification of said property from its present "B" Use District and "A " Height and Area District to (Commercial ", "C" Use District and "E" Height and Area.Distriet, and to -refer said petition to the City Planning Commission for appropriate action by it and any other relief that may be granted. IMMANUEL METHODIST CHURCH By James E. Countryman President - Board of Trustees Councilman Glass made a motion that the petition be referred to the City Plan 'Commission. Councilman Korpal seconded the°mot'ion. Motion carried. PETITION To the Common Council of the City of South Bend, Indiana. Gentlemen: The undersigned, owners of more than fifty (50) per cent of the property located in the following described area, to -wit: Lawton Street between Fremont and Meade extending; south to the East and West alley and North to the East and West alley and from Fremont Street West to North Meade Street and more specifically described as Lots Numbered 60, 61, 62, 63, 64,•65, 66, 67, 68, 69,:70, -71, 72,-73, 74, 75,.West End Addition to the City of South Bend, do respectfully petition this board to rezone said area from Heavy Industrial "B" Use t "F" Height Area District to Residential "B" Area District. (Approx. 20 signers) Councilman Korpal made a motion that the petition be referred to the City Plan Commission. Touncilman Hahn 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 'Ordinance No. 3702 commonly known as the Zoning Ordinance". Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council unfavorable. W. A. HAHN, Chairman Councilman Glass made a motion that the report be accepted. Councilman Niezgodski seconded the motion. Motion carried. REGULAR MEETING AUGUST 11TH, 1952 I 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 transferring monies from P -11, Police Department Salary Fund, to P -726, Police Department Other Equipment Fund, $12,000.00, and declaring an emergency ". Respectfully reporr that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. W. A. Hahn, Chairman Councilman Niezgodski made a motion that the report be accepted. Councilman Glass 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 certain items in the 1952 budget for the Office of Mayor of the Civil City of South Bend, Indiana, in the amount of $590.00 and for the Engineering Depart- ment in the amount of $1500.00 and for the Building Department in the amount of $510.25 and for the Street 3epart. ment in the amount of $1,000.00 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 eme -kgency ". Respectfully reporr that they have examined the matter and that in their opinion this ordinance go to the Council'', as favorable. W. A. Hahn, Chairman Councilman Hahn 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 the 1952 Appropriation and Budget Ordinance of the Civil 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. W. A. Hahn, Chairman Councilman Korpal made a motion that the report be accepted. Councilman Hahn seconded the motion. Motion carried. REPORT OF BOARD OF PUBLIC WORKS AND SAFETY Mayme DuMont; City Clerk August 4, 1952 The following excerpt from the minutes of the regular meeting of the Board of Public Works, held this date, covers action of the Board pertaining to the Resolution adopted by the Common Council, and the motion of Councilman Niezgodski, both as reported by you to the Board of Public Works under date of 'July 30 - EXCERPT: "Twto actions of the Common Council, in the last regular meeting of July 28, both pertaining to the removal of trucking terminals from residential areas, were read. It was conceded that the only terminal so located is that of the South Bend Freight Lines, Inc., and the Board has been assured by this freight line that a new terminal under construction for them on Olive Street will be completed within the next several weeks, and immediately upon its completion this freight line will move from its present location in Hoose Court." (Signed) Ward H. Crothers CLERK -BOARD OF PUBLIC WORKS AND SAFETY Councilman Niezgodski made a motion that the report be accepted. Councilman Korpal seconded the motion. Motion carried. REPORT OF BOARD OF PUBLIC WORKS AND SAFETY Raymond S. Andrysiak, City Angineer,..reported to the Council that the East Jefferson Boulevard sewer will be completed very soon and will follow thru Barrett Law procedure. Councilman Glass made a motion that the report be accepted. Councilman Korpal seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: Petition of Andrew Medich for change of zoning of Lots 266, 267 and 268 in Shively's First Addition was given public hearing before the City Plan Commission at their regular meeting on August 7, 1952. This change of zoning is not recommended. Yours truly, CITY PLAN COMMISSION By: D. Moomaw, Secretary Councilman Niezgodski made a motion that the petition be accepted. Councilman Hahn seconded the motion. Motion carried. REGULAR MEETING REPORT OF CITY PLAN COMMISSION AUGUST 11TH. 1952 To the Common Council City of South Bend, Indiana Gentlemen: Petition of Whitcomb & Keller Inc. for annexation of a strip of land 22 feet x1104.02 feet west of Rum Village park, adjacent to and a part of their Rum Village. Addition has been considered by the City Plan Commission at their regular meeting August 7, 1952. This annexation is recommended as petitioned for. Yours truly, CITY PLAN COMMISSION By: D. Moomaw, Secretary Councilman Niezgodski made a motion that the report be accepted. Councilman Glass seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: Petition of Land Developers Co. Inc. for the zoning of land recently annexed to the City by Ordinance No. 3880 and known as McKinley Terrace (2nd Add.) has been given public hearing before the City Plan Commission at their regular meeting August 7, 1952. This zoning is recommended as petitioned for. Yours truly, CITY PLAN COMMISSION By :D. Moomaw, Secretary Councilman Korpal made a motion that the report be accepted. Councilman Niezgodski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE. (East side of Michigan St. between Woodside St. and Donmoyer Ave.) The ordinance was given third reading and lost by a roll call vote of 0 ayes - 8 nays - 1 absent (Bestle). -P RDINANCE N0, 3t81 :ORDINANCE ANNEXING LANES TO AND DECLARING SAME TO BE A PART OF THE CITY OF SOUTH BEND, INDIANA. (Strip of land 22 ft x 1104.2 ft. west of Rum Village park, adjacent to and a part of their Rum Village) 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 - 1 absent (Bestle). The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Bestle). ORDINANCE NO. 3882 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702. (McKinley Terrace 2nd Addition) The ordinance was given first reading by title and second reading in full. Councilman Glass made a motion for suspension of rules. Councilman Hahn seconded the motion. Motion carried by a roll call vote of 8 ayes - 0 nays 1 absent (Bestle) . The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Bestle). ORDINANCE NO. 3883 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 third reading and passed by a roll call vote of 8 ayes - 0 nays.- 1 absent (Bestle ). ORDINANCE NO. 3884 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, 000.00 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. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - labsent (Bestle). 817 ORDINANCE NO. 3885 AN ORDINANCE AMENDING THE 1952 APPROPRIATION AND BUDGET ORDINANCE OF THE CIVIL CITY OF SOUTH BEND, INDIANA. GUST 11TH, 1 The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Bestle). ORDINANCE NO. 3886 AN ORDINANCE TO CHANGE THE NAME OF CHARLES AVENUE TO WHITCOMB .AVENUE. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Bestle). ORDINANCE NO. 3887 AN ORDINANCE APPROPRIATING FROM THE ESTIMATED PARKING METER FUND FOR 1952 THE SUM OF $5,000.00 FOR THE PURCHASE OF PARKING METERS. The ordinance was given first reading by title and second reading in full. Councilman Nieagodski made a motion for suspension of rules. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 8 ayes --0 nays - 1 absent (Bestle). RESOLUTION BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that the Contract heretofore entered into by and between the Board of Public Works and Safety of the City of South Bend, Indiana, and the Reed Construction Company of Mishawaka, Indiana, for the re- surface paving of MIAMI STREET from the north line of Indiana Avenue to the south line of Ewing Avenue for the contract price of Thirty -eight thousand, two hundred five dollars and no cents ($389205.00) is confirmed and approved. WALTER G. GLASS' ember of the Common Council Councilman Korpal made a motion for the adoption of,,the resolution. Councilman Niezgodski seconded the motion. Motion carried. O.A.S.I. ORDINANCE OR RESOLUTION NO. 2 A Resolution electing coverage of the employees of a Political Sub- division of the "State of Indiana as provided by Chapter 313, Acts of 1951. PREAMBLE, WHEREAS, Pursuant to action taken by.this Governing Body a preliminary survey was made by the State Agency of the O.A.S.I. which State Agency has reported that the estimated cost of coverage in the Old Age and Survivord' Insurance Program will be as follows: EQUAL TO APPROXIMATELY 1.659 OF TOTAL SALARY AND WAGES-TO BE PAID FOR THE YEAR 1953. SECTION 1. THEREFORE, be it resolved, that the Governing Body of CITY OF SOUTH BEND - St. Joseph County, Indiana, hereby elects coverage under the OLD AGE AND SURVIVORS INSURANCE, as provided by Chapter 313, Acts of 1951. SECTION 2. The "following positions are hereby - designated as those which are to be covered: ALL POSITIONS NOT COVERED BY AN EXISTING RETIREMENT OR PENSION PLAN, except the legislative officials of the city. SECTION 3. For the purpose of carrying out the provision of Title II, Sec. 218 of the Federal Social Security Acts and Amendments thereof the agreement entered into between the State Agency with the approval of the Governor and the Social Security Administrator is made a part of this Resolution and shall be termed as an agreement between this Political Sub- division and the State Agency and shall become a part of the agreement or modification of the agreement between the State and the Social Security Administrator. SECTION 4. This Ordinance dliall be in full force and effect upon passage and approval, for all intents and purpos( except that active coverage shall begin as of the 1st day of January, 1953. eouncilma.n Hahn made a motion for the adoption of the resolution. Councilman Korpal seconded the motion. Motion carried. 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 9:50 P.M. ATTEST: APPROVED: PRESIDENT A