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Home My WebLink About01-10-55 Council Meeting MinutesREGULAR MEETING JANUARY 10TH, 1955 The Common Council of the City of South Bend, Indiana, met in the Council Chamber on the 10th day of January, 1955, at the hour of 8:15 P.M. (Eastern StandardTime), 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 Hahn and Chester Muszynski. Absent: None. Councilman Korpal made a motion that in granting permission to WSBT that this tape recording be used for the sole purpose of WSBT and no other purpose. Councilman Hahn seconded the motion. Motion carried. 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. WALTER C. ERLER SR. ) W. A. HAHN ) Committee STANLEYC. KORPAL ) Meeting of December 13th, 1954 and Special Meeting January 3rd,- 1955. Councilman Niezgodski.made a motion that the report be accepted. Councilman Muszynski seconded the motion. Motion carried. COMMUNICATION Common Council City Hall South Bend, Indiana Dear Sirs: January 5, 1955 This evening a general meeting was held by the Northwest Property Owners Association and the enclosed resolution was adopted by unanimous vote to be presented to the members of the Common Council of the City of South Bend. RESOLUTION OF THE NORTHWEST PROPERTY OWNERS ASSOCIATION. Yours very truly, (Signed) Mrs. Leo D. Smith, President it Alys Chandler, Secretary NORTHWEST PROPERTY OWNERS ASSOCIATION WHEREAS, the ,Lock Joint Tube Company has filed its petition with the Common Council of the City of South Bend, requesting the rezoning of nineteen (19) acres of land situated on Riverside Drive from "A- Residential" to "D- Industrial'., and WHEREAS, if said` petition, or any petition thereof is acted upon favorably by the Common Council and granted, such action would effect property located in said area representing an estimated two thousand property owners and an estimated investment in excess of Ten Million ($10,000,000.00) Dollars, and would lower the value of homes built and located in the adjacent areas, and WHEREAS, factory sites in a residential section of the city will not only decrease property valuation, but will encourage sub - standard housing and slum areas, and WHEREAS, housing loans by the Federal Housing Administration and other landing institutions may be denied because of the property being located adjacent to an industrial areas, and WHEREAS, all of that said section of South Bend within a reasonable distance from the said nineteen (19) acre site may be classified as a "factory district ", and WHEREAS, homes built in the said area were established because it was a..strictly high -class residential site and with the expectation of the contination of the present "A- Residential" classifications, and WHEREAS, the refusal by the Common Council to grant the proposed change would insure the continued growth of fine homes in this desirable Riverside and Park location, and WHEREAS, the petitioners have failed to show how or where the proposed expansion of their factory will materially add employment, NOW THEREFORE BE IT RESOLVED that the Northwest Property Owners Association oppose amending of Zoning Ordinance No. 2331 as requested by the Lock Joint TubeCompany, and that the petition as filed by the said Lock Joint Tube Company requesting the rezoning of nineteen (19) acres of land located on Riverside Drive from "A- Residential" to "D- Industrial" be denied in its entirity. Dated this 5th day of January, 1955. NORTHWEST PROPERTY OWNERS ASSOCIATION (Signed) Mrs. Leo D. Smith, President if Alys Chandler, Secretary Councilman Korpal made a motion that the communicatiM*he resolution be accepted and placed on file. Councilman Bestle seconded the motion. Motion carried. REGULAR MEETING PETITION JANUARY 10TH, 1955 Petition of Contemporary Homes, Inc. to rezone Southwest corner of Lot 303 Ti#yckenham Hills Section "G" to "A" Residence District and "A" Height and Area District. Councilman Korpal made a motion that the petition be referred to the City Plan Commission. Councilman Hahn seconded the motion. Motion carried. REPORT OF BUILDING DEPARTMENT SUMMARY OF BUILDING PERMITS FOR 1954. President Erler announced that inasmuch as each Councilman received a copy of this Summary of Building Permits for 1954, the reading of the report would be dispensed with. Councilman Niezgodski moved that the report be accepted and placed on file. Councilman Korpal seconded the motion. Motion carried. REPORT.OF CITY PLAN COMMISSION Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: December 21, 1954 The petition of Lock Joint Tube Company referred by the Common Council under date of 8 November, '54 to the Planning Commission for further study andaccompanied by a recommendation from the Common Council relative to amending and, in fact, reducing the area petitioned for change to light - industrial, was reconsidered by your Planning Commission under date of 2 December, '54, at which time it was moved, seconded, and carried that the Ordinance be recommended for adoption on the basis of the Council's suggested Amendment. Following is a legal description of the Amendment: Beginning at a point which is the East line of Sherman Avenue projected South and the centerline of the first East -West alley South of Kinyon Street projected East; thence East a distance of 550: "feet, more or less; thence to a point on a line projected Southeasterly to intersect the West right -of -way line of Riverside Drive at a right angle, said point being 100 feet distance from said West right -of -way line; thence Southwesterly and parllel to the West line of Riverside',Drive to a point 100 feet West of the right -of -way line of Riverside Drive on a line which is the centerline of the first alley South of McCartney Street projected East; thence West a distance of 320 feet; more or less; thence, North to South line of Queen Street projected East; thence East to the East line of Sherman Avenue projected South; thence North to the point of beginning, said land being approximately 6.5 acreas in area and being in the S.E. & S.W. 1/4 Sec r` 35 T38N R2E in the City of South Bend, County of St. Joseph, Indiana. Very truly yours, CITY PLANNING COMMISSION (Signed) Robert L. Huff RLH:aed Director- Secretary Councilman Glass,,made a motion that the report be accepted and placed on file. Councilman Korpal seconded the motion. Motion carried. President Erler requested the Clerk to reread the original Ordinance. Mr. Joseph Hemphling, attorney for the petitioner, Mr. F. R. Henrekin, Executive Director of the Committee of 100, Edward F. Dose, and Robert L. Huff, Director of City Planning Commission,.all spoke in favor of the rezoning. Mr. Louis Hammerschmidt, attorney, Mrs. Alys Chandler, Dan Richardson, B. Redifer and Dan Kolecki, members of the Northwest Property Owners Association, spoke in opposition to the rezoning. President Erler stated that the motidn_�to be considered by the Council is whether or not to sustain the original recommendation.of the Plan Commission for rezoning the 19 acres.. Councilman Niezgodski made the motion (to sustain the Plan Commission's original recommendation for rezoning the 19 acres). Councilman Muszynski seconded the motion., Motion carried by a roll call vote of 5 ayes (Councilmen Korpal, Pinter, Niezgodski, Glass and Muszynski) - 3 nays (Councilmen Erler, Bestle and Hahn), . (Remarks by Councilmen when casting their vote). Mr. Erler: I would like to explain just the reason for the way I am voting. I am in favor of industry and not in favor of voting out Lock Joint Tube Company. We have worked for some time on a compromise proposal to allow certain plans for shrubbery, landscaping, etc. so it won't have an effect of deteriorating the neighbor- hood. We have an example in Huckins Tool and Die, which is a credit to the neighborhood and there are various others out on West Sample Street. I think this way about the Lock Joint Tube. We have had this propesal of a buffer zone around the Lock Joint Tube Company. Therefore, I am voting against this motion of sustaining the recommendation of the City Planning Commission for the full 19 acres in the hope that we can adopt this proposed amended ordinance which supersedes the recommendations for the full 19 acres, qnd which has been approved both by the Council and the Plan Commission." Mr. Niezgodski: I have always worked for the people in the City of South Bend ........................ It would be only unfair for us to vote against them. The small industries are the back -bone of our City. Mr. Muszynski: I will not stand in the way of progress. I am voting, "Yes ". IC09 REGULAR MEETING 5 MINUTE RECESS - 9:00 P.M. JANUARY 10TH, 1955 Councilman Hahn made a motion to adjourn for five minutes. Councilman Niezgodski seconded the motion. Motion carried. P,ECONVENED MEETING - 9:05 P.M. ORDINANCE NO. 4024 AN ORDINANCE TRANSFERRING AND APPROPRIATING FROM OFFICE OF CITY CLERK C -11 SALARY OF SECOND TRAFFIC CLERK $174.00 TO OFFICE OF CITY CLERK C -11 SALARY OF FIRST TRAFFIC CLERK $174.00; ALL OF THE BUDGET FOR 1955 OF THE CIVIL CITY OF SOUTH BEND, INDIANA AND DECLARING AN EMERGENCY. The ordinance was given first reading by title and second reading in full. Councilman Korpal made a motion for suspension of rules. Councilman Hahn 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 vote of 8 ayes - 0 nays. ORDINANCE-NO. 4025 AN ORDINANCE FIXING THS SALARIES OF CERTAIN CITY OFFICIALS OF THE CITY OF SOUTH BEND, INDIANA, EFFECTIVE JANUARY 1, 1956, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. The ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion for suspension of rules. Councilman Bestle 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 vote of 8 ayes - 0 nays. ORDINANCE-NO. 4026 AN ORDINANCE APPROPRIATING ALL PARKING METER FEES AND i FUNDS TO THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN IN ACCORDANCE WITH CHAPTER 236 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1945, AS AMENDED BY CHAPTER 303 OF THE ACTS OF THE GENERAL ASSEMBLY OF 1951. The ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a motion -for suspension of rules. 'Councilman Bestle 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 vote of 8 ayes - 0 nays. NEW BUSINESS Councilman Korpal made a motion that the Traffic Engineer investigate the parking of trucks blocking the side- walk at the Armour Co. and the Stanz Cheese Co. Councilman Glass seconded the motion. Motion carried. There being no further business before the Council, Councilman Hahn made a motion to adjourn, which motionwas seconded by Councilman Niezgodski. Motion carried, and Council adjourned at 9:20 P.M. ATTEST: CLERK APPROVED: PRESIDENT