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HomeMy WebLinkAbout05-14-56 Council Meeting MinutesREGULAR MEETING MAY 14TH, 1956 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular session in the Council Chambers, Monday, May 14th, 1956, at 8:39 P.M., C.D.S.T., with all members present except Councilman Hahn. President Korpal 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. Meeting of May 14th, 1956. STANLEY C. KORPAL JULIUS B. CHRISTMAN, JR. GEORGE W. CARR CHAIRMAN COMMUNICATIONS A communication was read from the Better Business Bureau of the South Bend Association of Commerce relative to solicitations being made for sale of tickets for the Hagen Bros. Circus under the auspices of the Knights of Pythias. Also relative to solicitations being made supposedly for the Elks. These solicitations are not authorized. Motion was made by Councilman Glass, seconded by Councilman Kroll that the communication be accepted and placed on file. Motion carried. A communication, ,from Robert L. Huff, Director - Secretary of the City Planning Commission, concerning the Commissions Report ofrlong range planning, a copy of which was given to each Councilman. Motion by Councilman Muszynski, seconded by Councilman Carr that the communication be accepted and placed on file. Motion carried. A communication from the Congress of International Communities concerning the invitation to Councilmen and Muni- cipal Executives to attend the Meeting in Panama. Motion by Councilman Tellson, seconded by Councilman Kroll, that the communication be accepted and placed on file. Motion carried. PETITION City Clerk Common Council City of South Bend, Indiana Gentlemen: 2112 Mishawaka Avenue South Bend, Indiana April 24, 1956 I hereby request to have the property located at 2112 Mishawaka Ave., South Bend, Indiana, rezoned from zone "B" to commercial "C" zoning. I am desirous of building a shop on the rear of the lot and I wish to operate a heating service and installa$ion business from that location. Thank you. Yours truly, /s/ C.A.,More C.A.MoreCouncilman Glass made a motion that the petition be referred to the City Planning Commission. Councilman Erler seconded the motion. Motion carried. L 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 Prohibiting Discrimination in Employment because of Race, Color, Religion, National Origin or Ancestry by Employers, Employment Agencies, Labot Organizations and Others, providing for the creation of the South Bend Fair Employment Practice Commission, Prescribing its duties and powers, and providing penalties, as amended, respectfully report that they have examined the matter and that in their opinion it should be reported favorable. /s/ George Carr, Chairman ORDINANCE NO. 4091 AN ORDINANCE PROHIBITING DISCRIMINATION IN EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN OR ANCESTRY BY EMPLOYERS, EMPLOYMENT AGENCIES, LABOR ORGANIZATIONS AND OTHERS, PROVIDING FOR THE CREATION OF THE SOUTH BEND FAIR EMPLOYMENT PRACTICE COMMISSION, PRESCRIBING ITS DUTIES AND POWERS, AND PROVIDING PENALTIES. Motion by Councilman Musszynski that the Ordinance be amended with the proposed amendments as read by the Clerk. Seconded by Councilman Carr. Roll call vote, 8 ayes, 0 nays, 1 absent. Motion carried. The Ordinance as amended was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent. REPORT OF CITY PLAN COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: May 11, 1956 e attached petition of Place and Company, Inc., through its agent, Joseph A. Roper, attorney, to annex and bring thin the City of South Bend a parcel of land in Section G, Twyckenham Hills, and to rezone such area as "A" sidence District and "A" Height and Area, was legally advertised under date of April 25, 1956. The public REGULAR MEETING MAY 14TH, 1956 hearing was Meld under date of May 3, 1956, and the following action was taken: Petitioner verbally asked to withdraw that part of appeal relative to zoning, and desired consideration relative;to annexation only. After due consideration, it was moved, seconded, and unanimously carried that the petiton relative to annexation be recommended favorably. Very truly yours, Is/ Robert L. Huff Director - Secretary RLH:aed Attachment (Petition) P.S. Attached map outlines annexation area. R.L.H. Motion by Councilman Muszynski that the report be accepted andplaced on file. Motion seconded by Councilman Erler. Motion carried. The following letter, pertaining to the above, was read by the Clerk: South Bend City Clerk South Bend City Hall South Bend, Indiana Dear Mddam: Recently on behalf of Place and Company, Inc., and The National Bank and Trust Company of South Bend and John R. Droege, as Co- Trustees, I_filed a petition to annex certain lands and to zone such annexed lands. This petition was accompanied by a proposed Annexation Ordinance and a proposed Zoning Ordinance. This petition was presented to the Common Council on Monday, April 23, 1956, and after a first reading was referred to the City Planning Commission. It is my desire to withdraw that protion of the petition asking that such property be zoned. The only action that it is desired the council and the Planning Commission take at this time is to act on and cause such property to be annexed in to the City of South Bend. The matter of zoning such property will be handled at a later time. Thanking you very kindly, I remain Very truly yours, Isl Joseph A. Roper JAR:d cc: Mr. Robert Huff Councilman Kroll made a motion that the letter be accepted and placed on file. Seconded by Councilman Glass. Motion Carried. RL`I'ORT OF CITY PLAN COMMISSION The Honorable Common Council May 11, 1956 City of South Bend South Bend, Indiana Gentlemen: The attached petiti6n of Myron D. Walz, et al, to rezone an unplatted parcel of land at Main and Sherwood Streets, from "B" Use District and "A" Height and Area to "C" Commercial Use District and "D" Height and Area was legally advertised under date of April 25, 1956, and public hearing held before the Planning Commission under date of May 3, 1956. After due consideration, the Commission.found the general area to be predominantly commercial- industrial, and that substantial justice would be done by the favorable recommendation of the petition. It was therefore moved, seconded, and unanimously carried that the petition be favorably recommended. Very truly yours, CITY PLANNING COMMISSION Isl Robert L. Huff RLH:aed Director- Secretary Councilman Erler made a motion that the report be accepted and placed on file. Motion seconded by Councilman Kroll. Motion carried. REPORT OF CITY PLAN COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: May 11, 1956 The attached petition of Maurice G. Morey to rezone lots 52 through 55, as sh9wn upon recorded plat of Lot No. 17 and Lot No. 19, of Henry Leer's Subdivision of Lot No. 4, in the partitions of the estate of Samuel Leer, some - times known as Bimm and Moore's Addition, generally located north of the New York Central Railroad between Eldora and Caroline Streets, was legally advertised under date of April 25, 1956. The public hearing was held under date of May 3, 1956, and the following action taken: After full consideration, the Commission found that the vicinity of subject property was predominantly commercially REGULAR MEETING zoned, and to a lesser extent used residentially. MAY J4th, 1956 It was therefore duly moved, seconded, and carried that the petition be recommended favorably., RLH:aed Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Director- Secretary Councilman Carr made a motion that the report be accepted and placed on file. Motion seconded by Councilman Kroll. Motion carried. REPORT OF PLAN COMMISSION The Honorable Common Council City of South Bend May 11, 1956 South Bend, Indiana Gentlemen: The attached petition of Nelson Laughman to zone the south 89.7 feet of Lot No. 1, of Chapin Place Addition from "A" to "B" Residential Use District and "B" Height and Area District, being located at the southwest corner of LaMonte Terrace and Park Avenue, said petition having been tabled from the previous meeting, was considered by the City Planning Commission on May 3, 1956, and the following action was taken: After,due consideration, the Commission found that surrounding property on Park Avenue is zoned single - family residential, that property to the west of subject property is zoned multiple- family residential, but that predominant use of property in the general vicinity is single- family use. It was therefore moved, seconded, and carried by a vote of three nays and 4 ayes that the petition be recommended unfavorably. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Director- Secretary RLH:aed Councilman Kroll made a motion that the report be accepted`'and placed on file. Councilman Muszynski seconded the motion. Motion carried. The following letter, pertaining to the above matter, was read by the Clerk. The Honorable The Common Council of the City of South Bend, Indiana Copy to Mr. Robert L. Huff, City Planning Association Gentlemen: Request is hereby made to withdraw application of March 21, 1956 in which it was requested that a portion of Lot No.l of Chapin Park Addition on the North side of LaMonte Terrace be rezoned from "A" Residential to "B" Residen- tial. This withdrawal is made at the request of the applicants and without prejudice. Yours truly, EMERY A. DAVIS, REALTOR /s/ P. L. Louks PLL :DP Motion by Councilman Muszynski, seconded by ..Councilman Kroll that the letter be incorporated in the reports on file. Motion carried. ORDINANCE NO. 4092 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA,CERTAIN LANDS (Twyckenham Hills) The Ordinance was given first reading by title and second reading in full. Councilman Erler made a motion for sus- pension of rules. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 8 ayes, 0 nays, 1 absent. The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, .I absent. ORDINANCE AN ORDINANCE AMENDING ORDINANCE 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Main & Sherwood Streets- Walz) The Ordinance was given first reading by title and second reading in full. Motion by Councilman Glass that the matter be held up until the next meeting, May 28th, 1956, for third reading. Motion seconded by Councilman Christman. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE #3702 ADOPTED BY THE COMMON COUNCIL ON THE 13th day of June, 1949. (Lots 52 -55 incl. Bimm & Moore Add. -- Morey) The Ordinance was given first reading by title and second reading in full. Motion by Councilman Erler that this ordinance be referred to the next meeting, May 28, 1956, for public hearing. Seconded by Councilman Glass. Motion carried. REGULAR MEETING ORDINANCE AN ORDINANCE ENTITLED AN ORDINANCE TO REGULATE THE PRODUCTION, TRANSPORTATION, PROCESSING, HANDLING, SAMPLING, EXAMINATION, GRADING, LABELING, REGRADING, AND SALE OF MILK AND MILK PRODUCTS: THE INSPECTION OF DAIRY HERDS, DAIRIES, AND MILK PLANTS: THE ISSUING AND REVOCATION_OF PERMITS TO MILK PRODUCERS, MILK HAULERS, AND DISTRIBUTORS: PERMIT FEES: APPOINTMENT OF INSPECTORS AND SANITARY POLICE: REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND FIXING PENALTIES. MAY 14TH, 1956 The ordinance was given first reading by title and second reading in full. Motion by Councilman Erler, Seconded by Councilman Tellson that this matter be set for public hearing on May 28, 1956. Motion carried. ORDINANCE NO. 4093 AN ORDINANCE AMENDING SECTION 6 of CHAPTER 8 OF GENERAL ORDINANCE NO. 3709, WHICH IS AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 2464 ADOPTED ON APRIL 14, 1925, WHICH IS AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 2361 ADOPTED ON OCTOBER 24, 1923. The Ordinance was given first reading by title and second reading in full. Motion by Councilman Carr for suspension of rules. Motion seconded by Councilman Muszynski. Motion carried by a roll.call vote of 8 ayes, 0 nays, 1 absent. The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent.. ORDINANCE AN ORDINANCE AUTHORIZING THE TRANSFER AND CONVEYANCE OF VACANT PROPERTY ON NORTHSIDE BOULEVARD OWNED BY THE CITY OF SOUTH BEND FOR THE USE OF ITS PARK DEPARTMENT TO THE BOARD OF TRUSTEES OF INDIANA UNIVERSITY, IN ACCORDANCE WITH THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF IND. OF 1951, CHAP. 72. The ordinance was given first reading by title and second reading in full. Motion by Councilman Erler, seconded by Councilman Carr, that this ordinance be set for public hearing on May 28th, 1956. Motion carried. RESOLUTION WHEREAS, the location of the proposed Toll Road Interchange on U. S. 31 will cause to be placed upon the main through; streets of the City of South Bend an estimated additional burden of approximately 2,000 motor vehicles daily which would seriously cripple and hinder the flow of traffic within the City of South Bend, and more particularly in the Central Business District, and WHEREAS, it is in the best interests of the City of South Bend to prevent such an additional burden to be placed upon the already congested streets of the City of South Bend, and WHEREAS, it is in the best interests of the City of South Bend to provide for the orderly flow of traffic to and from the proposed Toll Road that would by -pass the City of South Bend, NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY. OF SOUTH BEND that by- passes be established to the East and West of the City of South Bend and the City of Mishawaka from U. S. 31 at the Southern edge of the city; and that the immediate construction of the Western by -pass be undertaken and that it be connected with the Toll Road at a secondiry'interchange West of the primary interchange, and that said Western by -pass be related and coordinated with a North -South by -pass to the West of the City of Niles, Michigan; and that construction of the by -pass between U. S. 31 South of'the city Northwesterly to U. S. 20, to the Northwest of.the city, be undertaken at the very earliest possible date by the State Highway Commission of Indiana; that copies of this resolution be directed to the Honorable George H. Craig, Governor of the State of Indiana, Indiana State High- way Commission and the Indiana Toll Road Commission. Councilman Carr made a motion to adopt the resolution. Councilman Muszynski seconded the motioti. The Resolution was passed by a rola:call vote of 6 ayes, 0 nays, 1 absent (Councilman Hahn) and Councilmen Erler and Glass not voting. The President of the Council directed the Clerk to send copies of the resolution to Governor Craig, the Indiana State Highway Commission and the Indiana Toll Road Commission. UNFINISHED BUSINESS Councilman Tellson submitted a petition to the Legal Department requesting that action be taken concerning installa- tion of a traffic Signal at the intersection of South Bend Avenue and St. Louis Blvd. City Attorney Irving J. Smith reported that the legal department had referred the matter to the Traffic Engineer who, in turn, referred the matter to the State Highway Department, inasmuch -as South Bend Avenue is a State Highway. Mr. Smith read a communication from Capt. Clem F. Hazinski, Traffic Division of the South Bend Police Department, relative to truck traffic on E. Jefferson between Logan and Ironwood. Councilman Kroll made a motion that the communication be accepted and placed on file. Motion seconded by Councilman'. Muszynski. Motion carried. Mr. Smith reported that the Police Department had been instructed by the Board of Works and Safety to investigate the trash- burning by the Hoffman Bros. Garage at Eddy and Madison Streets. The report indicated that this situ- ation would be eliminated. Mr. Erler made a motion that the report be accepted and placed on file. Councilman Carr seconded the motion. Motion carried. NEW BUSINESS: Several property owners from the South end of the City appeared and asked for consideration by the Council of the flooded basements and wash -outs on their properties. Mr. Smith stated that Mayor Voorde had made an investigation as to funds for a survey of the sewer system in the City of South Bend. No funds were available and he had con- 1146 , REGULAR MEETING MAY 14TH, 1956 tacted the Indiana Economic Council relative to a loan of funds to finance the survey of the sewers. When further information is available it will be reported to the Council. There being no further business before the Council, Motion was made by Councilman Carr and seconded by Councilman Muszynski, to adjourn. Motion carried and the meeting adjourned at 11:00 P.M. ATTEST: ATTEST: cw CLERK ViiSIDENT -----------------------------------------------------------/--------------------------------------------------------