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HomeMy WebLinkAbout04-13-53 Council Meeting MinutesMEETING APRIL, 13TH9 1953 Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chamber, Monday, April 13th, 1953, at 9 :10 P.M., with all members present. President $rler 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* (Sighed) WALTER Co ERLER SR. ) STANLEY Co KORPAL } Committee Meeting of March 23rd, 1953. W A• HAHN ) Councilman Muszynski made a motion that the report be accepted. Councilman Hahn seconded the motion. Motion carried. COMMUNICATION Mr. Walter Erler, President South Bend City Council March 26 1953 City Hall South Bend, Indiana To the Honorable Members of South Bend City Counoil: I would like for the city council to consider at April 13 meeting the problem of removing the location of The South Bend Humane Society from 1135 Beyer Avenue to a location outside city limits. We people living (I live at 1141 Belmont) on Belmont and Longfellow Avenue are sure the keeping of so many, I think at least 40 at times, dogs constitutes a public nuisance. They start barking at around 5:00 o'oiock in the morning. Householders have protested to Humane Society. I wrote Mrs. Flannegan this week asking them to get the problem solved. It becomes,, so far as we are concerned a matter of human welfare over dogs or dogs over humans. I like dogs but in their place. We do not like to be awakened and disturbed by them constantly. My second problem concerns packs of dogs roaming about Perley School, as many as 10 in a pack. Several children, have had minor bites by dogs. Sooner or later unless the situation is corrected-some one of our 450 students will be hurt seriously. We have announced repeatedly -fw children to keep their dogs homey We called the city dog pound on numerous occasions. This morning my call to dog pound at 8s15 got assurance they would be out. They never showed up* I am recommending that an ordiance with teeth in it be passed to solve this very unsatisfactory condition* Thank you. Very: sincerly yours, Myron D. Weldy Councilman Niezgodski, made a motion that the communication be accepted and placed on file* seconded the motion. Motion carried. PETITION Gentlemen: April 9th,: 1953 Councilman Glass We, the undersigned property owners, petition your honorable body to improve Ewing, Fox,# Donald,` Bowman and Calvert Street from Twyokenham East to Sampson Street, by.the construction of additional sewer openings# wherever necessary to eliminate the overflow of sewers onto private property, due to the inadequate drainage of Twcykenham Hills, from the Place Development, according to law* i (200 Signatures) Councilman Hahn made a motion that the petition be referred to the Board of Public Works. Councilman Muszynski seconded the motion*. Motion carried. PETITION To: Common Council of the City of South Bend South Bend, Indiana We, the undersigned, owners of the property described as lots numbered 8 and 9 in Chippewa Heights Addition, represent that the aforesaid lots are zoned in two residential districts, the front portions of these lots being .zoned in the classification of B residence district and the rear portions being zoned in the classification of A residence district. It is the desire of the owners of said lots to use the entire lot area for a B classification use and respectfu petition your honorable body to amend Ordinance number 37020 commonly known as the zoning ordinance of the City of South Bend, Indiana to extend the classification of B residence district to cover the rear portions of the hereinabove described lots which are now classified in the classification of A residence district. Jacob Mitschelen Elsie Mitschelen Jessica Pond Owners of Lot No. 9 in Chippewa Heights Addition Lot 8 Chippewa Heights Addition Councilman Hahn made a motion that the petition be referred to the City Plan Commission. Councilman Nie zgodski seconded the motion. Motion carried* REGUUR MEETING APRIL 13TH, 1953 PETITION Now come James Kovaesies and Mary Rose Kovacsics, husband and wife, and show and represent to your Honorable Board that they are husband and wife, and reside at 1733 South Walnut Street, South Bend, St. Joseph County, Indiana. That they are the owners in fee simple of the following described real estate situate in South Bend, St, Joseph County, Indiana, to -wit: Lot Numbered Sixteen (16) as shown on the recorded Plat of George W. Swrygartts Third Addition to the City of South Bend, excepting therefrom a tract of land Fifty -two and One -half (5 22) feet taken off of and from the entire North end thereof* That taid:;above described real estate is located on the North side of Prairie Avenue between Magnolia and Walnut Streets. That said above described real estate was zoned in the original zoning ordinance of South Bend, enacted in 1923, as a commercial district. Said real estate was rezoned on August 13, 1951, as a residential district. The owners of said above described real estate desire that said real estate be rezoned as a commercial district. They pro- pose, if so rezoned, to build on said lotq a hardware store, fronting on Prairie Avenue, to be 64 ft* on the long side and 524 ft. on the short side and 24 ft* in width, with no basement, said building to be used as a hardware store. The owners of all the other lots situate on the North side of Prairie Avenue between Magnolia and Walnut Streets have consented to this zoning and have signed written consent to such rezoning, which said written consent is attached hereto, marlmd Exhibit (A) and made part of this petition. The proposed building is to be set back 15 ft* from the North side of Prairie Avenue in order to conform with the residences.in.said block. If rezoned as a commercial district, the lot will be in "B" residential and "A" height and area* The proposed building will be constructed of Way lite block on the sides and back and will be of brick cow on the front* WBEREFORE, your petitioners pray that said above described real estate be rezoned as a commercial district* (Sired) James. Kovaesies Mary Rose Kovaosics Councilman Korpal made a motion that the petition be referred to the City Plan Commission with the recommendation that some action be taken immediately to correct this situation. Councilman Muszynski seconded the motion. Moti, carried. REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Ind. Gentlemen: Petition of Place & Co. for zoning property annexed to the City by Ordinance No. 3908 known as Twyckenham Hills .x- Section G has Veen given public hearing before the City Plan Commission. The zoning of this area is recommended as petitioned for. Respectfully, D. Moomaw, Secy. Councilman Korpal made a motion that the report be accepted. Councilman Muszynski seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: Petition of Bendix aviation Corp• for change of zoning of lots 79, 80 and 81 in Kaleys lst Subdivision from C commercial and D height and area districts to D light industrial and F height and area district, together with a change of zoning on lots 128, 129 and 130 in Kaleys 2nd Subdivision from B residence and A height and area distric to D light industrial and F height and area districts has received public hearing before the City Plan Commission. These changes are recommended as petitioned for. Respectfully, D. Moomaw, Secy. Councilman Hahn 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 Alexander and Regina Nowacki for change of zoning of the north 40 ft* of lot 17 in Pleasant View 2nd Subdivision from C commercial and D height and area districts to A residence and A height and area districts has been given public hearing before the City Plan 'Commission. This change is recommended as petitioned for. Respectfully, D. Moomaw, Secy. Councilman Korpal made a motion that the report be accepted. Councilman. Bestle seconded the motion. Motion carried* MEETIN REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: APRIL 13TH, 1953 Your Committee of the Whole to whom was referred "An•Ordinanee amending Section 7 of Chapter 4-of General Ordinance No. 3709 knowr�4s the 1949 Municipal Code of the City.of South Bend, Indiana% Respectfully report that they have examined the matter and that in their opinion the report of the Committee be accepted and the ordinance postponed until May 11th, W. A. HAHN, Chairman Councilman Niezgodski made a motion that the report be accepted. Councilman Muszynski seconded the motion* Not ion 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 Section 36a of Chapter 29 of General Ordinance No* 3709 known as the 1949 Municipal Code of the City of South Bend, Indiana% Respectfully report that they have examined the matter and that in their opinion the report of the Committee be accepted, and the ordinance be in the Committee for further study and Mr. Tomlinson, Street Commissioner, be notified to attend the meeting. W. A.. HAHN, Chairman Councilman Korpal made a motion that the report be accepted. Councilman Bestle 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 as favorable* W. A. HAHN, Chairman Councilman Muszynski made a motion that the report be accepted. Councilman Hahn seconded the motion. Motion carried* EEPORT 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 certain sections of Ordinances No. 3571 and No. 3537 (As amended) being Ordinances pertaining to heating systems and air conditioning systems, regulation,, repair and installation thereof and concerning licensing and classification of contractors and inspection of same"I Respectfully report that they have examined the matter and that in their opinion this ordinance be held for study. W. A. HAHN, Chairman Counoilman Korpal mia.de a motion that the report be. accepted. Councilman Muszynski seconded the motion. Motion carried. REPORT OF THE C(MKITTEE 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 M -216, Building Department Traveling Expense, Electrical Department, $100.00 to M -711' Properties for Electrical Department (to purchase TeV9 testing equipment); from P -11, Police Salaries, $294.30 to E -11, Office of City Judge, Salary of Bailiff (to bring salary up to 9% increase for 1953); from L -724, Engineer Properties, $1300.00 to Engineer L-11, Services Personal (for hiring summer -time draftsman l; from P -11, Police Department, Services Personal, $2500.00 to P -334, Police Department, Other Garage and Motor %pplies ". 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 Niezgodski made a motion that the report be accepted. Councilman Bestle 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 transferring monies from 5 -13, Extra and Overtime, to S -11, Salary of Assistant Foremen, 2*40, and establishing an hourly rate; from P -11, Police Department Salary, to P -261, Mechanical Assistance, $396.00, all of the budget for the year 1953 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 Muszynski made a motion that'the report be accepted* Councilman Hahn seconded the motion. Motion carried. REGULAR MEETING APRIL 13TH, 1953 ORDINANCE NO. 3915 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702• (Twyckenham Hills, Section The ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension of rules. Councilman Glass 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. 3916 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Bendix Aviation Corporation) The ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a motion for suspension of rules. Councilman Hahn 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. 3917 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Southeast corner of Vassar Ave. & College St.) The ordinance was given first reading by title and second reading in full. Councilman Korpal mde a motion for suspension of rules. Councilman Muszynski 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. 3918 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE. (Northeast corner of Eddy & Madison Sts.) The ordinance was given third reading and passed by a roll call vote of 5 ayes (Councilmen Erler, Alford, Bestle, Niezgodski and Hahn) - 4 nays. (Councilmen Korpal, Pinter, Glass and Muszynski). ORDINANCE NO. 3919 .AN ORDINANCE TRANSFERRING MONIES FROM M -216, BUILDING DEPARTMENT, TRAVELING EXPENSE, ELECTRICAL DEPARTMENT, $100.00 TO M -711, PROPERTIES FOR ELECTRICAL - MPARTMENITT (TO PURCHASE T.V. TESTING EQUIPMENT); FROM P -11, POLICE SALARIES, $294.30 TO E -11, OFFICE OF CITY JUDGE, SALARY OF BAILIFF-(TO BRING SALARY UP TO 9% INCREASE FOR 1953); FROM L -724, ENGINEER PROPERTIES, $1300.00 TO ENGINEER I,.lit SERVICES PERSONAL (FOR HIRING SUMMER -TIME DRAFTSMAN).4 FROM P -110 "POLICE DEPARTMENT, SERVICES PERSONAL,, $2500.00 TO P -334, POLICE DEPARTMENT, OTHER GARAGE AND MOTOR SUPPLIES. The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE NO. 3920 AN ORDINANCE TRANSFERRING MONIES FROM S -130 EXTRA; AND OVERTIME, TO S -119 SALARY OF ASSISTANT FOREMEN, $622.40, AND ESTABLISHING AN HOURLY RATE; FROM P -11, POLICE DEPARTMENT SALARY, TO P -261# MECHANICAL ASSISTANCE, $396.000 ALL OF THE BUDGET FOR THE YEAR 1953 OF THE CIVIL CITY OF SOUTH BEND, INDIANA. The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. NEW BUSINESS Councilman Muszynski made a motion that the Board of Public Works investigate the condition of smoke and dirt made by the New York Central railroad in the vicinity ®f Dunham Ste and the west side. Councilman Korpal second the motion. Motion carried. Residents of Sampson and Caroline Streets and East Ewing Avenue at the foot of Twyekenham Hills submitted a petition of more than 200 signatures for relief from flash floods which sweep away lawns and undermine street surfaces, causing them to cave in. The petitions were referred to the Board of Public Works. There being no further business before the Council, Councilman Niezgodski made a motion to adjourn, which motion was seconded by Councilman Hahn. Motion carried, and Council adjourned at 11:05 P.M. ATTEST: P APPROVED: PRESIDENT