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HomeMy WebLinkAbout12-14-53 Council Meeting Minutesittt$il *list ttttIStttf Isis Ilist its i's t sit tii itt ifi itSitiftitiitittll iiff tttlfliitiftiiiiiitiii!!ftlltfi REGULAR MEETING DECEMBER 14TH, 1953 Be it remembered that the Common Council of the City of South Bend met in regular session in the Council Chamber, Monday, December 14th, 1953, at 8:10 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 meetings of the Council and found them correct. They therefore recommend that the same be approved. WALTER C. ERLER SR. ) STANLEY KORPAL ) Commi ttee 'WM. A. HAHN ) Meeting of November 23rd, 1953 and Special Meeting December 10th, 1953. Councilman Glass made a motion that the report be accepted. Councilman Rahn seconded the motion. Motion carried. COMMUNICATION To the Common Council of the City of South Bend South Bend, Indiana Gentlemen: The laws of the State of Indiana provide that in the evert of the death of the City Clerk the vacated office shall be filled by appointment of the Mayor and appro,:val by the Common Council. Due to the untimely death of our City Clerk, Mrs. Mayme DuMont., it is necessary that I submit to you a proposal for her successor. Accordingly, I submit the name of Mrs. Joseph, W. Hennessy to fill the unexpired term of Mrs. DuMont. The date of Mrs. Hennessy's appointment to be Deoember 14, 1953. I request that the Council take the necessary action to approve the appointment of Mrs. Hennessy. Sincerely, JOHN A. SCOTT Mayor JAS;emj Councilman Hahn made a motion that the letter of appointment be accepted and placed on file. Councilman Alford seconded the motion.,,_ Motion carried. RESOLUTION WHEREAS, a vacancy has occurred in the office of City Clerk of the City of South Bend, Indiana by reason of the death of Mrs. Mayms DuMont, and WHEREAS, Mayor John A. Scott has notified the Council of his appointment of EVELYN M. HENNESSY (MRS. JOSEPH W. HENNESSY) as City Clerk for the remainder of the unexpired term of Mrs. DuMont, in accordance with the laws of the State of Indiana, BE IT RESOLVED: That the appointment of EVELYN M. HENNESSY (BURS. JOSEPH W. HENNESSY) by the Mayor as City Clerk of the City of South Bend, Indiana for the remainder of the unexpired term of the late Mrs. Mayme DuMont is now confirmed and approved. WALTER C. ERLER SR. Member of the Common ouncil Councilman Muszynski made a motion for roll call vote. Councilman Hahn seconded the motion. Motion carried by a roll call vote of 5 ayes (Councilmen Erler, Alford, Bestle, Glass and Hahn) - 4 nays (Councilmen Korpal, Pinter, Niezgodski and Muszynski). REGULAR MEETING DECEMBER 14TH, 1953 COMMUNICATION To the Common Council of the City of south Bend# Ind. My family and I wish to express our sincere appreciation for your kind thought of sympathy as expressed in the resolution. As you know, our mother was .quite old and had lived a long and full life, never the less she is greatly missed by us. Your sympathy lessens our feeling of loss.. Our most sincere thanks. F. R. N. Carter, M.D. HEALTH OFFICER FRNC:elw Councilman Hahn made a motion that the communication be accepted and placed on file. Councilman Korpal seconded the motion. Motion carried. PETITION Common Council City of South Bend South Bend, Indiana Gent lemon: Please consider this letter as an application for a change in zoning from A residential to C commercial on the follawi.ng described real estate- All of lots numbered seventeen (17), eighteen (18) and nineteen (19) as shown on the proposed Plat of Sunny Side Land Company's First Addition to the City of South Bend known as Jefferson Manor plus the west one half of the vacated 22nd Street which runs along the East side of said lots. Respectfully requested, (Signed) W. C. Gammons Councilman Hahn made a motion that the petition be referred to the City Plan Commission. Councilman Muszynski seconded the motion. Motion carried. PETITION Petition to reIzcne Lot No. 14 in J. M. Studebaker's Sub. of Lot 1, Harper and Ruckman's Survey from "B" Residenti to "C" Commercial. Councilman Hahn made a motion that the petition be referred to seconded the motion* Motion carried. PETITION M TO: HONORABLE COMMON COUNCIL OF THE CITY OF SOUTH BEND. Ted Dudek, Petitioner the City Plan Commmission. Councilman Muszynski Comes now Albin J. Jez and Josephine T. Jez, husband and wife, who now respectfully represent and "show to the Honorable Common Council of the City of South Bend, the following, to -wit: That they are the fee simple owners of the following degoribea real estate situated in South Bend, St. Joseph County, Indiana, to wit : Lots Numbered Ninety -five (95) and Ninety -six (96) in Kaley's First Sub- division to the City of South Bend! That the said lots are located in a "C" use district and a "D" height and area district, by virtue of the Zoning Ordinance now in full force and effect,heing Ordinance No. 3702 Amendatory of Ordinance No. 2331. That the said lots are specifically located at the Northwest intersection of Fremont and Kenwood Streets in the City-of South Bend; that at the time the lots were originally zoned, they were a part of an overall plan for development of industrial, commercial and residential areas in and near the South Bend plant of the Bendix Aviation Corporation, and at the time the said lots were zoned it was reasonably expected that this area would develope as expected and the said lots and that the said lots would be required for commercial uses to serve the residential area then developing. That in truth and in fact the area did not develop as it was expected, and that the area in question has for a long time been used primarily for residential purposes, that at the present time there is no need for commercial areas where these particular lots are located, with the exception of one store building located directly East of the lots owned by your petitioners, but the said store building has been used primarily for residential purposes in the lust several years and it has been impossible for a successful business establishment to be situated in the said building by reason of its now poor commercial location. That the said lots have lost all their value as commercial real estate and have failed for that specific purpose, and the only real value of the said lots lies in their use for residential purposes, WIEREFORE, your petitioners respectfully pray that the Common Council of the City' ..of South Bend amend the zoning ordinance now in full force and effect and that the zoning classification of said lots No. 95 and 96 in Kaley's First Sub- division be changed from "C" Use district and "D" height and area district to either "A" or "B" use district and "A" or "B" height and area district, whichever in the opinion of the Honorable Common Council of the City of South Bend would best conform to the manner in which the said area has actually developed. (Signed) Albin J. Jez Josephine T. Jez Councilman Bestle made a motion that the petition be referred to the City Plan Commission. Councilman Hahn seconded the motion. Motion carried. PETITION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA. The undersigned petitioners would represent and show to the Honorable Body that they are the owners of the following described real estate situate in the City of South Bend, County of St. Joseph, State of Indiana, to -wit: Commencing at the intersection of Bendix Drive and Lincoln Way West; thence Northwesterly along Lincoln Way West to a point 712 feet West of the center line of Bendix Drive; thence North to the center line of Elwood-Avenue produced East; thence East to the West line of Bendix Drive; thence South to the place of beginning, containing 11,88 acres, more or less, and more particularly located for these purposes on Lincoln Way West on the North side of Lincoln Way West at the Northwest corner of said Lincoln way West and Bendix Drive. Your petitioners would further represent and show that a ortion of said real estate approximately feet on Lincoln Way West and approximately feet on Bendix give, is now zoned for commercial use and D weight and Area and that the remainder of said tract is now zoned Residential and A Height and Area as to zoning districts; and your petitioners hereby petition your Honorable Body to change the zoning for the entire tract as above described to C Commercial and E Height and Area district for the following reasons 1. Said above described real estate is now vacant and your etitioners herein have entered into an option to sell a portion of the same approximately Two Hundred (200) foot frontage on Lincoln Way west with a depth of Two Hundred fifty (25�)feet of Bendix Drive, to Charles M. Upham, who desires to erect a store building thereon with sufficient parking facilitiesupon the same to care for his clientale. 2,. If your Honorable Body will grant this petition and rezone the said entire area as above described, the petitioner`s herein will endeavor to develop the balance of the area not purchased by Mr. Upham, to be in conformity with and similar to the type of building ereoted by him. 3.. The property located on the South side of Lincoln way and across the street f rom the above described real estate is zoned Commercial from Iowa Street on the West to Goodland Street on the East and further the property located on the East side of Bendix Drive and on the North side of Lincoln Way is zoned Commercial from Bendix Drive to Goodland Street on the East, therefore, the granting of this petition would be a continuation of the general trend concerning Lincoln Way West, from a zoning standpoint, to one of Commercial use. 49 That the granting of this petition as prayed for, would not impair the value of the property in the immediate vicinity or in any way damage the health, morals or general well being of the community. 'flHEREFORE your petitioners respectfully ask that said above described real estate be zoned from A Residential and A Height and Area and C Commercial and D Height and Area as herein set out to C Commercial and E Height and Area Districts, as prayed for. (Signed) Louis Gruszynski it Pela gia Kaniewski Councilman Korpal made a motion that the petition be referred to the City Plan Commission. Councilman Muszynski -seconded the -motion. Motion carried. PETITION IN THE MATTER OF THE PETITION OF HELEN HENNINGS AND SOUTH BEND OSTEOPATHIC HOSPITAL, INC., FOR REZONING OF REAL ESTATE. TO: The Common Council of the City of South Bend, Indiana: Come now Helen Hennings and South. Bend Osteopathic: Hospital, Inc., and respectfully petition and show this Honorable Body the following: 1. That petitioner, Helen Hennings, owns the following described real estate in St. Joseph County, State of Indiana, which is now zoned and classified under the Zoning Ordinance of the City of South Bend, being known as Ordinance No. 3702, as amended, as "A" Residence District and V' Height and Area District, to wit: Lots Numbered Three (3) Four (4), Five (5), Six (6), Seven (7) and Eight (8) as shown on the recorded Plat of Tuxedo Park First Addition to the City of South Bend, which said plat is set forth in Plat Book 12, page 18 of the records in the office of the Recorder of St• Joseph County, Indiana. 2. That petitioner, South Bend Osteopathic Hospital, Inc., is a not for profit corporation organized under Chapter 84 of the Acts of 1923 of the General Assembly of the state of Indiana. 30 That petitioner, Helen Hennings, has contracted to sell the above described real estate, with the exception of said Lot Numbered Three (3) to the petitioner, South Bend Osteopathic Hospital, Inc., and that said contract of said is now in full force and effect. 4. That petitioner, South Bend Osteopathic Hospital, Ine.,.has, independent of said contract, acquired the right to use said lot Numbered Three (3)9 5. Petitioners desire to have above described real estate rezoned and reclassified by amendment of said zoning ordinance from the above classification to "B" Residence District and "B" Height and Area District. 6. That in the event this petition is granted and said rezoning is permitted, petitioner, South Bend Osteopathie.Hospital, Inc., intends to make the following use of said real estate: It proposes to use said real estate for hospital purposes, and in particular to erect thereon a hospital and after the construction of such hospital, such structure, together with such other buildings which presently exist on said property, will be used for hospital purposes by petitioner, South Bend Osteopathic Hospital, Inc. (Continued) REGULAR MEETING DECEMBER 14TH, 1953 (Continued) 79 That it is the belief of the petitioners that the rezoning as proposed herein, and the construction of a modern hospital on said real estate and its use for hospital purposes in the future, will in no way disturb or alter the residential character of the neighborhood in which said real estate is located; it is further the belief of petitioners that there is a compelling need for the construction of new hospital facilities in St. Joseph County, Indiana, and in the City of South Bend in particular. 8. Attached hereto is a plat of said real estate showing the location.of present buildings thereon and the general location of the proposed hospital. WBEREFORE, your petitioners respectfully pray that the zoning ordinance of the City of South Bend may be amended to allow the rezoning as above proposede SEEBIRT, OARE AND DEAHL By James F. Thornburg ,Lttorneys for petitioner, Helen Hennings HAHN & ZINNERMAN By Robert N. Zimmerman Attorneys-for petitioner, South Bend Osteopathic Hospital, Inc. Councilman. Hahn made a motion that the petition be referred to the City Plan Commission. 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 transferring funds from City lan Commission ll. Personal Service $2500 to 242. Printing $250.00 all of the budget for 1953 of the Civil Uity of South Bend, Indiana and declaring an emergency". 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 Class seconded the motion. Motion carried. REPORT OF THE CITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE MONTH OF OCTOBER, 1953. Balance on hand first of month . . . . . . . 1,813,265.18 Receipts during month 592,096.42 Disbursements 5299757.76 Balance 1,875,603.84 ;'-REPORT OF THE ICITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE MONTH OF NOVEMBER, 1953. Balance on hand first of month 1, 875 , 603.84 Receipts during month o o 666,717.15 Disbursements . 576,981.31 Balance .: >:. . 19965,339.68 Councilman Mus�zynski made a motion that the reports be accepted. Councilman Korpal seconde& the motion. Motion carried. REPORT OF CITY PLAN COMMISSION To the Common Council City -of South Bend, Ind. Gentlemen: Petition of Louis Major Jr. for change of zoning of a lot on the east side of N. Ironwood Drive immediately south of the gasoline station on the S.E. corner of McKinley Ave. and Ironwood Drive from A residence and A height and area districts to B residence and B height and area districts was given public hearing before the City Plan Commission Dee. 39 1953. This change is recommended as petitioned for. Yours truly D. Moomaw, gecy. Councilman Hahn made a motion that the report be accepted. Councilman Korpal seconded the motion. Motion carri ORDINANCE NO. 3948 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Southeast corner of McKinley Ave. and Ironwood Drive) The ordinance was given first reading by title and second reading in full. Councilman Muszynski 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. REGULAR MEETING ORDINANCE N0. 3949 AN ORDINANCE TRANSFERRING FUNDS FROM CITY PLAN COMMISSION 11, PERSONAL SERVICE $250.00 TO 242. PRINTING $250.00 ALL OF THE BUDGET FOR 1953 OF THE CIVIL CITY OF SOUTH BEND, INDIANA AND DECLARING AN EMERGENCY. DECEMBER 14TH. 1 The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE N0. 3950 AN ORDINANCE AUTHORIZING THE SALE OF LOT NUMBERED TWENTY - FIVE (25) AS SHOWN ON THE RECORDED PLAT OF NORTH SHORE TERRACE, AN ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, OWNED BY THE MUNICIPAL CITY OF SOUTH BEND. The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE NO. 3951 AN ORDINANCE OF THE CITY OF SOUTH BEND CONCERNING THE FINANCING AND CONSTRUCTION OF SE@IAGE TREATMENT WORKS FOR THE USE OF SAID CITY AND ITS INHABITANTS. The ordinance was given third reading and passed by a roll call vote of 5 ayes (Councilmen Erler, Alford, Bestle, Glass and Hahn) - 4 nays (Councilmen Korpal, Pinter, Niezgodski and Muszynski). ORDINANCE NO. 3952 AN ORDINANCE RATIFYING A CONTRACT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND THE BOARD OF COMMISSIONERS OF ST. JOSEPH COUNTY, INDIANA FOR THE PURCHASE BY THE CITY OF CERTAIN REAL ESTATE. The ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a motion for suspension of rules. Councilmen 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. (Notice of Public Hearing in South Bend Tribune and Tri- County News, December 4th, 1953). ORDINANCE NO. 3953 AN ORDINANCE CONFIRMING THE SALE AND TRANSFER OF 160 SHARES OF STOCK OF SOUTH BEND MANUFACTURING COMPANY BY MUNICIPAL CITY OF SOUTH BEND, INDIANA, TO INDIANA FRANKLIN REALTY, INC., AN INDIANA CORPORATION. The ordinance was given first reading by title and second reading in full. Councilman Hahn 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. RESOLUTION AUTHORIZING CERTAIN PAYMENTS TO BE MADE TO SALARIED CITY EMPLOYEES. WHEREAS, the City of South Bend, Indiana, is approaching the close of its fiscal year, and WHEREAS, the office of the City Controller will be required to make numerous payments and close its numerous and complicated accounts; and, AREAS, it is desirable that the work of said office be simplified when possible; now, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana; SECTION 1. That all salaried officers and employees of the City shall be paid their salaries for month of December, 1953, on the 20th day of said month. SECTION 2. The Controller of the City of South Bend is hereby authorized to make said salary payments upon said,date. SECTION 3. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. WALTER C. ERLER SR. Member, of the Common Council Councilman Korpal made a motion for the adoption of the Resolution. Councilman Niezgodski seconded the motion. Motion carried by a roll call vote of 9 ayes - 0 nays. 9 REGULAR MEETING DECEMBER 14TH, 1953 R E S O L U T I O N WHEREAS: God in his infinite wisdom has called from this life Mrs. Mayme DuMont, City Clerk of the City of South Bend, :.. WHEREAS: Her untimely death has brought much grief and sorrow to her family and her many friends, and WHEREAS: This community has been deprived of an admirable, intelligent and gifted woman and one who has devoted many years of unselfish service to this community, NOW THEREFORE BE IT RESOLVED that we, the Common Council of the City of South Bend, do hereby extend to the entire family of Mrs. Mayme DuMont our sincere sympathy in this their hour of sorrow, AND BE IT THEREFORE RESOLVED that a page in the Council Records of the City of South Bend be'. set aside and this resolution be copied therein and that a copy duly certified by the Mayor be sent to the bereaved. WALTER C. ERLER SR. PERCY ALFORD W. A. HAHN CHESTER MUSZYNSKI MICHAEL Re- PINTER WALTER G. GLASS STANLEY C, KORP.AL CLEM NIEZGODSKI CLOYD BESTLE Councilman Niezgodski made a motion for the adoption of the Resolution. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 9 ayes - 0 nays, b MEETING DECEMBER 14TH. 1953 Councilman Hahn made a motion that the next regular meeting of the Council be postponed until January 11th, 1954" Councilman Glass 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 Glass. Motion carried, and Council adjourned at 9:30 P.M. ATTEST: LE APPROVED: PRESIDENT