Loading...
HomeMy WebLinkAbout05-11-53 Council Meeting Minutes___ e- • -�-w. r.-.-- •- . -. °r.. -•v . • .. -. "• . ".-e- .- ......... -• -� • . � • . • • •;re-r - .; .• e...'._•`....... ..._... _........ • ..._e..e .. S S ..... • . • ..... e REGULAR MEETING MAY 11TH, 1953 Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chamber, Monday, May 11th, 19530 at 8 :39 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 inspectec the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. Meeting of April 27th, 1953* Councilman Niezgodski made a motion that the report be accepted* carried. C OMMUNI CATION Common Council City of South Bend, Indiana Gentlemen: WALTER C. E'RLER SR. ) STANLEY C. KORPAL ) Committee W. A. HAHN ) Councilman Glass seconded the motion. Motion May 11, 1953 The attached letter from Mr. F. H. Simpson, Chief Engineer of the New York Central Railroad System, in reply to our requett for railroad flashlight signals at the Kendall, Chapin and Catalpa Streets crossings is self - explanatory. The accident experience at the three crossings under question during the past five years shows the following accident experience: At the Catalpa Street crossing six acCidents occurred due to defects in the crossing surface and rails, and one was a railroad train motor - vehicle collision which involved a New York Central locomotive. At'the Kendall Street crossing three motor vehicle - railroad train accidents occurred and all involved the Studebaker Corporation locomotive. One of these was a fatal accident which occurred in November of 1951. r At the Chapin Street crossing two motor - vehicle railroad train accidents occurred and both involved the Studebaker Corporation locomotive* Since five of the six motor - vehicle railroad train accidents involved theStudebaker Corporation locomotive,: this fact is being called to the attention of the corporation Safety Director in hopes that something may be done to improve this situation. The poor condition of the Catalpa Street crossing was corrected and no accidents have occurred at this location since the rails and planking of the crossing were improved. EHM %maf CC: Board of Works & Safety Mr. Ben Hill Safety Director Studebaker Corporation Very truly yours, Ernest H. Miller Traffic Engineer Councilman Glass made a motion that the communication be accepted and placied on file. Councilman Hahn seconded the motion. Motion carried. REGUTAR-- MEETING REPORT FROM BOARD OF PUBLIC WORKS & SAFETY Chief of Police Richard J. Gillen City Hall South Bend, Ind. Dear Chief: Following is the excerpt of minutes of the regular meeting of the Board of Public Safety, Monday, May .4th, with reference to the West Indiana Avenue truck traffic situation: "Chief of Police Richard J. Gillen, being present, the chairman of the Board immediately took up with the Chief the matter of enforcement of load limits, in connection with the excessive truck traffic on West Indiana Avenue, between Prairie avenue and Olive Street. This situation was brought to the attention of the Board through motion made by Councilman Korpal in the meeting of the Common Council, Monday, April 27, 1953, duly seconded the carried, to refer to the Board a petition from West Indiana Avenue home owners, calling for such enforcement. The matter was given some discussion, and the Chief of Police agreed to put on duty a motorcycle patrolman in this particular section of the city, with a viq. to control of this traffic to a degree that will minimize the complaints of th� petitioners." Yours truly, Ward H. Crothe rs Councilman Korpal made a motion that the report be accepted. Councilman 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 providing for the collection and disposal of garbage and trash and providing penalties ". 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 CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: Petition of Robert and Elsie M. Hamilton for change of zoning of Lot 73 and a part of Lot 26 in Jackson's Proposed Subdivision from "A" Residence and "A" Height and Area Districts to "B ".Residence and "B" Height and Area Districts'. The area in the petition extends from the southeast corner of Huey St. and Lathrop Ave. 498.25 -feet ea.st.,along south side of Lathrop Ave. and to a depth of 125..6 feet as shown on the sketch attached to the petition. Yours truly, D. Moomaw, Secretary This change is approved and recommended by the City Plan Commission. Councilman Hahn made a motion that the report be accepted. Councilman Korpal seconded the motion. Motion carried. ORDINANCE NO. 3922 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE. (Huey ►Ste along the south side of Lathrop Ave.) The ordinance was given first reading by title and second reading in full. Councilman. Glass 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. REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: Petition of James and Mary Rose Kovacsies for change of from "B" residence and "A" Height and Area Districts to Commission at its regular meeting on May 70 1953. zoning of Lot No. 16 in George W. Swygart's 3rd .Addition "C" Commercial district was considered by the City Plan The recommendation of the City Plan Commission is that the change be made to 110" Commercial District and "E" Height and Area District. This lot is on the northerly side of Prairie Ave. between Walnut St. and Magnolia St. Yours truly, D. Moomaw, Seoy. Councilman Korpal made a motion that the report be accepted. Councilman Niezgodski seeonded� motion. Motion REGULAR MEETING MAY 11TH, 1953 ORDINANCE N09 3923 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE. (Northerly side of Prairie Ave. between Walnut and Magnolia Streets) The ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension of rules. Councilman Korpal 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. REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Ind. Gentlemen: Petition of Jacob Mitschelen, et al for change of zoning of the rear portions of Lots 8 and 9 in Chippewa Heights Addition from their present zoning which is "A" residence district to "B" residence district to agree with the present zoning of the front portions of the lots. This petition was considered by the City Plan Commission at its regular meeting May 7, 1953 and this change is recommended. These lots are on the east side of S. Michigan St# north of Klinger St. Yours truly, D. Moomaw, Secy. Councilman Glass made a motion that the report be accepted. Councilman Muszynski seconded the motion. Motion carri ed.*' ORDINANCE NO. 3924 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE. (East side of S. Michigan Ste north of Klinger St.) , -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. 3925 AN ORDINANCE PROVIDING FOR THE COLLECTION AND DISPOS4 OF GARBAGE AND TRASH AND PROVIDING PENALTIES. ;'The ordinance vas given third reading and passed by a roll call vote of 8 ayes - l nay (Councilman Muszynski). ORDINANCE NO. 3926 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF SAID CITY FOR THE PURPOSE OF PROVIDDING FUNDS TO BE APPLIED ON THE COST OF ACQUISITION OF THE NECESSARY LAND AND ` EQUIPMENT FOR THE COLLECTION AND DISPOSAL OF GARBAGE IN SAID CITY, AND EKPENSES INCURRED IN CONNECTION THEREWITH. The City Clerk presented and read to the Council a resolution adopted by the Board of Public Works and Safety requesting an appropriation in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) to the applied on the cost of acquisition of land and equipment for the collection and disposal of said City of garbage in said City and expenses incurred in connection therewith, together with the Controller's recommendation thereon, said resolution and recommendation being as follows, to -wit: "RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA WHEREAS, the Board of Public Works and Safety of the City of South Bend, Indiana, has determined that it would be.for the best interests of said City and its citizens to provide for the acquisition of the necessary land and equipment for the collection and disposal by said City of garbage in said City and that the collection and dispos of garbage by said City is necessary in order to protect the health and well -being of the citizens and will be of general benefit to the entire city; and WHEREAS, the Board of Public Works and Safety finds that the estimated cost of acquisition of the necessary land and equipment and the incidental expenses in connection therewith will be in the amount of One Hundred -Fifty Thousand Dollars ($150,000.00); now therefore, BE IT RESOLVED by the Board of Public Works and Safety of the City of South Bend, Indiana, that this Board request the City Controller and Common Council to take proper steps immediately to provide the necessary funds for said purpose, in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) and to that end that a copy of this resolution be filed with the City Controller and the City Clerk, and presented to the Common Council at the next meeting thereof. Adopted this 11th day of May, 1953. (Signed) Granville P. Ziegler it Irving A. Hurwich Ray S. Andrysiak Board of Public Works and Safety REGULAR MEETING To the Common Council of the City of South Bend, Indiana MAY 11TH, 1953 W). The Board of Public Works and Safety of the City of South Bend, Indiana, has requested an appropriation in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) for application on the cost of acquisition of land and equipment for the collection and disposal by said City of garbage in said City and incidental expenses to be incurred in connection therewith, in the City of South Bend, Indiana. I recommend that said appropriation be made, and am submitting herewith, for the consideration of the Council, a form of ordinance authorizing such appropriation. In order to provide funds to meet said appropriation it will be necessary to authorize, issue and sell bonds of the City in the amount of One Hundred Fifty Thousand Dollars ($150,000.00), and I am handing you herewith a form of ordinance drawn for the purpose. Dated this 11 day of May, 1953. Respectfully submitted, (Signed) Granville P. Ziegler City Controller The City Clerk presented to the Council a petition filed by owners of taxable real- estate in the City of South Bend requesting the Common Council to issue the bonds of the Cit y.in an amount not exceeding $150,000.00, for the purpose of procuring funds to be applied on the cost of acquisition of land and equipment for the collection and disposal by said City of garbage in said City. Said petition having been examined and found to be sufficient, and to be properly verified and certified, on motion duly made, seconded e.nd carried, the same was approved and ordered. filed. Councilman Niezgodski thereupon introduced Ordinance No. 3926, entitled "An ordinance of the City of South Bend, Indiana authorizing the issuance and sale of bonds of said City for the purpose of providing funds to be applied on the cost of acquisition of the necessary land and equipment for the collection and disposal of garbage in said City, and expenses incurred in connection therewith," and moved that the Clerk be instructed to read said ordinan in full. This motion was seconded by Councilman Hahn and carried. The Clerk then read said ordinance in full. Councilman Korpal then moved that ordinance No. 3926 be read a second time by title and that an opportunity be given for the offering of amendments, which motion was seconded by Councilman Alford and carried. The Clerk then read Ordinance No. 3926 the second time by title and no 'amendment was offered thereto, Councilman Niezgodski then moved that said ordinance be carried over for further consideration at a meeting of the Council to be held on the 25th day of May, 1953, and that a public hearing be held on said ordinance at that meeting; that the City Clerk be instructed to publish a notice to taxpayers of such public hearing once each week for two weeks in the South Bend Tribune and Tri- County News, the same being newspapers published in the City of South Bend and representing the two leading political parties, and to post said notice in three public places in-the City, the first publication and posting to be at least ten days prior to said date. This motion was seconded by Councilman Hahn-and on call of the roll, was adopted by the following votes .Ayes: Councilmen Erler, Alford, Korpal, Pinter Bestle, Niezgodski, Glass, Hahn and Muszynski. Nays; None The`Presiding Officer declared said motion carried and instructed the City Clerk to publish and post notice of said public hearing as provided in the foregoing motion. 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 M. H. Rhodes, Incorporated, 30 Bartholomew Avenue, Hartford, Connecticut, for two hundred (200) Mark Time Parking Meters at $46.00 each, total $9200.00, less five percent (5/) for cash within thirty (30) days after delivery, is confirmed and approved. WALTER C. ERLER SR. Member of the Common Council Councilman Hahn made a motion for the adoption of the resolution. Councilman Niezgodski seconded the motion. Motion carried. RESOLUTION WHEREAS, the Common Council to the City of South Bend at a regular held meeting on the 15th day of October, 1952 transferred the Northeast Corner of Marietta and Sample Streets to the Board of Park Commissioners of the City of South Bend for park and playground purposes, which description is indefinite and uncertain and said Common Council desires to make this description of said real estate more definite and certain. BE, IT, THEREFORE, RESOLVED, that the Common Council of the City of South Bend does hereby dedicate and transfer to the Board of Park Commissioners of the City of South Bend for park and playground purposes the following described real estate, situated in the City of South Bend, St. Joseph County, State of Indiana, to -wit: Lots numbered 46 and 47 in Gallagher's First Addition to the City of South Bend WALTER C. ERLER SR. Member of Common Council Councilman Glass made a motion for the adoption of the resolution. Councilman Hahn seconded the motion. Motion carried. LI REGULAR MEETING MAX 11TH,, 1953 UNFINISHED BUSINESS Councilman Glass made a motion that the Superintendent of the Park Department, appear at the next meeting of the tiouncil on May 25th to explain the parking of cars in Bendix Park. Councilman Muszynski seconded the motion. Motion carried. Mr. Edward Spychalski, 1631 W. Dunham St., appeared before the Council to inquire what has been done about the smoke from locomotives in the vicinity of•W. Dunham St. The Council requests the Board of Public Works to notify Mr. Ernest Miller, Traffic Engineer, to attend the next meeting on May 25th and report on the above matter. Councilman Korpal, member of the committee on dogs, stated that the ordinanbe be held in the Council for three to four weeks in order for Andrews, representative of the National Humane Society, to make a survey in South Bend without cost to the City. Residents in the vicinity of Humboldt and O'Brien Streets would like to have stop sign at the corner of O'Brien Ste moved to the corner of Humboldt St. Councilman Korpal made a motion that a member of the Housing Authority appear before the next meeting of the Council on May 25th to discuss the status of the Maggies Court project. Councilman Niezgodski seconded the motion. Motion carried. Mr. William E. Voor of the Housing Authority was notified by letter to have a member appear at the next meeting. Rev. D. T. Tate, pastor of the Mount Olive Baptist Church, appeared before the Council and made an appeal for better housing for Negroes. There being no further business before the Council, Councilman Niezgodsk, made a motion to adjourn, which motion was seconded by Councilman Hahn. Motion carried, and Council adjourned at 10 :10 P.M. ATTEST: APPROVED: CLERK APPROVED: