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HomeMy WebLinkAbout11-08-54 Council Meeting Minutes::::s::s ssasasss: ;s:sssss:ssssss :sssss: sets:::: ssa:st stssa: ss tss sss :asssss:st :ss:t::s :stsss:sts :set :ss :st :s:s: REGULAR MEETING NOVEMBER 8TH, 1954 The Common Council of the City of South Bend, Indiana, met in the Council Chamber on the 8th day of November, 1954, at the hour of 8 :07 P.M., in regular session in accordance with the rules of the Council. The meeting was called to order by President, Walter C. Erler Sr., who presided. The members of the Council were shown to be present or absent as follows: Present: Councilmen Walter C. Erler Sr., Stanley Korpal, Michael Pinter, Cloyd Bestle, Clem Niezgodski, Walter Glass, William Habn and Chester Muszynski. Absent: None. REPORT OF CO*nTTEE ON MINUTES To the Common Council of the City of South Bend: Your-Committee on the l spection 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. Meeti.ng©f October 25th, 1954. WALTER C. ERLER SR. ) STANLEY C. KORPAL ) Committee W. A. HAHN ) Councilman Muszynski moved that the report be accepted. Councilman Glass seconded the motion. Motion carried. COMMUNICATION City Council of South Bend City Hall South Bend, Indiana Gentlemen: We are writing to your august body to petition against the rezoning the property owned by the Lock Joint Tube Co. Our Company has made a number of FHA insured mortgage loans on properties on Kinyon Street, with the representation to FHA, the life insurance companies and to the home owners that these properties are protected by zoning ordinances on surrounding properties that were then zoned as A Residential. " We believe that it would be unfair now to change the zoning, after these houses have been built and purchased by home owners, believing- that their property was secure against outside detrimental influnces. If the property owned by the Lock Joint Tube Co. was.zoned light industrial at the time these houses were built, the owners, FHA and the mortgagees would have been aware of those influnces and would have taken that into consideration in the valuation of the - :property. We kindly ask yo*d to consider these facts in your deliberations. Yours very truly, COLFAX MORTGAGE & INSURANCE SERVICE, INC. Clifford A. Pletcher, Secretary - Treasurer (Signed) Councilman Korpal moved that the communication be accepted and placed on file. Councilman Niezgodski seconded the motion. Motion carried. PETITION Petition of Paul S. and Mae I. Tuesley to rezone Lots No. 1, 2, 3 and 4 as shown on the recorded Plat of Lincoln Terrace Addition to the City of South Bend, from "Bu Use and "A? Height and Area to "C? Commercial Use and "A" Height and Area. Councilman Korpal moved that the petition be referred to the City Plan Commission. Councilman Habn seconded the motion. Motion carried. REGULAR MEETING REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: NOVEMBER 8TH, 1954 Your Committee of the Whole to whom was referred "An Ordinance transferring and appropriating from Street and Traffic Fund $18,000.00 to 251 -B Repairs of Bridges $18,000.00; all of the budget for 1954 of the Civil City of South Bend, Indiana and declaring an,emergency." Respectfully report that they have examined the matter and that in their opinion this ordinance be reported to the Council as favorable. (Signed) W. A.HAHN, Chairman Councilman Hahn moved that the report be accepted. Councilman Niezgodski seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The petition of Evelyn Swewczyk to rezone Lots 24 and 25 of Belleville First Unit from "B" residential to "C" commercial height and area district was given public hearing under date of September 21 1954. The petition was not recommended for the following reason: The adoption of an ordinance legislative thereto would be unwarranted commercial intrusion into the residential area. RLE: aed Attachment Councilman Korpal moved that the report be accepted and placed on file. motion. Motion carried. REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: Very truly yours, CITY PLANNING COMMISSION Robert L. Huff Director- Secretary Councilman Muszynski seconded the October 23, 1954 The petition of David and Patricia Rydzinski to rezone a parcel of land on the southwest corner of Olive and Longley Streets from A- residential and C- height and area district was given public hearing by your Planning Commission on October 210 1954.. The petition,is not recommended for the following reasone, as quoted from the last minutes, "This would constitute spot zoning,as the entire area is predominantly single family residential use, and that there is ample commercially zoned areas within a block of the subject property." Very truly yours, CITY PLANNING COMMISSION Robert L. Huff, Director- Sectly. Councilman Korpal moved that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE 3702 OF THE CITY OF SOUTH BEND, INDIANA. ,(Lot at the southwest corner of Olive and Longley Sts.) The ordinance was given first reading by title and second reading in full. Councilman. Niezgodski moved that the ordinance remain in Council until November 22nd. Councilman Bestle seconded the motion. Motion carried. ORDINANCE N0. 4016 AN ORDINANCE TRANSFERRING AND APPROPRIATING FROM STREET AND TRAFFIC FUND $18,000.00 TO 251 -B REPAIRS OF BRIDGES $18,000.00; ALL OF THE BUDGET FOR. 1954 OF THE CIVIL CITY OF SOUTH BEND, INDIANA AND DECLARING AN EMERGENCY. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE 3:" AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (19 Acres-immediately North of 1400 Riverside Drive) COUNCIL PROPOSAL REGARDING TACK JOINT TUBE COMPANY The purpose of Planning and Zoning is to safeguard residential areas against the intrusion of Industrial and Commercial. Also the intrusion of Residential into Industrial and Commercial areas. Park Boards have looked forward for years to the development of Park Drives along the River as part of the Park System of South Bend and Riverside Drive will be one of the most beautiful drives in the City. (Continued) REGULAR MEETING NOVEMBER 8TH, 1954 COUNCIL PROPOSAL REGARDING LACK JOINT TUBE COMPANY (Continued) The LACK JOINT TUBE COMPANY acquired approximately 24 acres in 1919 prior to the time the zoning ordinance was passed which was passed in 1923• They have occupied approximately 2 acres, for over 35 years without applying for a change in zoning to. protect their interest. Now,.since the residential section has been developed, they desire a change to industrial zoning. If this 19 acres is changed to industrial zoning,what assurancewill any residential owner have against the intrusion of undesirable buildings next to their property? This type of zoning defeats the very purpose of planning and zoning. The Special Committee appointed by the Council regarding this zoning recommends: That Queen Street be extended to Riverside Drive; that Sherman Avenue be extended to Queen Street. That the additional industrial zoning extend North from the north fence on which the facto i� located to Queen. Street. That provision be made for a buffer zone of shrubs or plantings on the west side of lock Joint Tube Company building and the city make an effort to acquire a vacant piece of property 500 ft. x 150 ft. to be used for play - ground and park purposes. Also that a set -back be allowed along•Riverside Drive. WALTER G. GLASS CLEM NIEZGODSKI MICHAEL, PINTER WALTER C. ERLER SR. Members of Committee The report of the Committee was read. No motion was made to accept the report. 10 MINUTE RECESS - 8:45 P.M. Councilman Muszynski made a motion for a ten minute recess. carried. RECONVENED MEETING - 9:00 P.M. ORDINANCE Councilman Niezgodski seconded the motion. Motion AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (19 Acres immediately North of 1400 Riverside Drive) The ordinance was given third reading and- lost by a roll call vote of 1 aye (Councilman Glass) and 7 nays (Councilmen Erler, Korpal, Pinter, Bestle, Niezgodski, Hahn and Muszynski). ORDINANCE AN ORDINANCE TRANSFERRING AND APPROPRIATING $5,000.00 FROM P -11 ' POLICE DEPARTMENT SERVICES PERSONAL TO P -333 POLICE DEPAR'T'MENT TIRES AND TUBES $300.00, TO P -214 POLICE DEPARTMENT TELEPHONE AND TELEGRAPH $400.00, TO P -724 POLICE DEPARTMENT MOTOR EQUIPMENT $2100.00 AND TO P -261 POLICE DEPARTMEN7 MECHANICAL ASSISTANCE $2200.00; AND FROM FIRE DEPARTMENT Q -41 BUILDING MATERIALS $650.00 TO FIRE .DEPARTMENT Q -38 GENERAL SUPPLIES $100.00, TO R-334 OTHER GARAGE AND MOTOR SUPPLIES $100.00 AND TO Q -252 REPAIRS OF EQUIPMENT $100.00, AND TO Q -221 ELECTRIC CURRENT $350.00; AND FROM OFFICE OF CITY TREASURER D -56 OFFICIAL BOND PREMIUMS $813.20 TO OFFICE OF CONTROLLER B -59 SOCIAL SECURITY $813.20; AND FROM PUBLIC HEALTH CLINIC U -722 INSTRUMENTS $96.86 TO T. B. CLINIC X -262 SOUTH BEND MEDICAL LABORATORY $96.86; AND FROM OFFICE OF THE BOARD H -11 SERVICES PERSONAL $422.25 TO OFFICE OF CITY CLERK C -725 OFFICE EQUIPMENT $422.25, ALL FROM THE GENERAL FUND; AND FROM STREET DEPAmENT 5 -263 RENTAL OF EQUIPMENT $1100.00 TO STREET DEPARTMENT S -214 TELEPHONE AND TELEGRAPH $100.00, AND TO S -38 GENERAL SUPPLIES $500.00, AND TO S -321 COAL AND FUEL OIL $500.00, ALL OF THE BUDGET FOR THE YEAR 1954 OF THE CIVIL CITY OF SOUTH BEND, INDIANA AND DECLARING AN EXTRAORDINARY EMERGENCY. The ordinance was given first reading by title and second reading in full. Councilman. Muszynski made a motion that the ordinance be referred to the Committee of the Whole for public hearing on November 22nd. Councilman Hahn seconded the motion. Motion carried. ORDINANCE N0. 4017 AN ORDINANCE APPROVING CONTRACT BETWEEN THE CITY OF SOUTH BEND, INDIANA, BY AND THROUGH THE BOARD OF WATER WORKS COMMISSIONERS, AND CHARLES AULM, IN THE SUM OF 4jAW.00 FOR THE CONSTRUCTION OF ONE CONCRETE AND BRICK WELL-HOUSE #1 AT ERSKINE PARK. The ordinance was given first reading by title and second reading in full. Councilman Hahn moved for suspension of rules. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 8 ayes - 0 nays. The ordinance was given third reading and passed by a roll call mote of 8 ayes - 0 nays. REGULAR MEETING NOVEMBER 8TH, 1954 RESOLUTION WHEREAS, there is a growing sentiment abong the people, business, industry and government for the uniform adoption of Eastern Standard Time for the State of Indiana, and WHEREAS, a growing number of municipalities throughout Indiana have already made provisions for voluntary conformance with Eastern Standard Time within their respective jurisdiction, and WHEREAS, the citizens of South Bend as well as responsible representatives of commerce and industry have overwhelmingly expressed their preference for Eastern Standard Times, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CIVIL CITY OF SOUTH BEND AS FOLLOWS: The people of the City of South Bend, and its environs, schools, churches, governmental units and departments of government, courts, business, commerce and industry are requested for the sake of uniformity from and after 2 :00 o'clock A.M. on November 28, 1954 to commence.each day and conduct all business one hour earlier than is customary, in harmony with Eastern Standard Time. WALTER C. ERLER SR. Member of the Common Council. Councilman Niezgodski moved that the resolution be set for public hearing on November 22nd. Councilman Muszynski seconded the motion. Motion carried. NEW BUSINESS Councilman Hahn moved that the Board of Public Works take steps to open Colfax Ave. through to 27th St. and report back to the Council within a month. Councilman Glass seconded the motion. Motion carried. There being no further business before the Council, seconded by Councilman Muszynski. Motion carried, ATTEST: ` Councilman Hahn made a motion to adjourn, which motion was and Council adjourned at 9:42 P.M. APPROVED: . PRESIDENT