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HomeMy WebLinkAbout05-13-57 Council Meeting MinutesREGULAR MEETING MAY 13, 1957 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers, Monday, May 13, 1957, at 8 :29 P.M., C.D.S.T., (7:29 P.M., C.S.T.), with all members present. President Stanley C. Korpal called the meeting to order and presided. ROLL CALL: PRESENT: Councilmen Korpal, Carr, Tellson, Christman, Kroll, Glass, Hahn, Erler and Muszynski. ABSENT: None. 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.', STANLEY C. KORPAL JULIUS B. CHRISTMAN, JR. : Committee G. W. CARR South Bend,"Iiid., May 13, 1957 Minutes of Meeting of April 22, 1957 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Hahn secnnded the mot Motion carried. COMMUNICATIONS i The Clerk read a communication from the United States Cnnference of Mayors, Washington, D. C., relative to reservat for the annual conference to be held in New York City on September 9, 10 and 11. Councilmen and others planning to attend are urged to make early reservations. Councilman Erler made a motion that the communication be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. COMMUNICATION r -- Box 86, R.R.3 South Bend 28, Indiana ;South Bend City Council April 8, 1957 City Hall !South Bend, Indiana Dear Sirs: I� e are two familites whose homes are situated on the route of the proposed South Bend By -Pass. Several years ago we made plans to remodel our homes to better suit our families' needs. But due to the uncertainty involved as to when I REGULAR MEETING MAY 13, 1957 and if the State would require our property, we have been unable to carry out these plans. We would greatly appreciate any information you could give us concerning the by -pass. Yours truly, Mr. and Mrs. Herbert Brantley Mr. and Mrs. Lewis Conner /s/ Mr and Mrs. Lewis Conner /s/ Mr. and Mrs. Herbert Brantley Councilman Erler made a motion that the communication be referred to Mr. John Peters, Chairman, State Highway De- partment, Indianapolis, Indiana. Councilman Carr seconded the Motion. Motion carried and the President directed the Clerk to forward the Communication to Mr. Peters. PETITION on Petition containing 46 signatures filed requesting rio,semi- trucks /Wilber Street from Lincolnway West to Ellwood Street. Councilman Kroll made a motion that the petition be referred to the Board of Public Works and Safety. Councilman Carr seconded the motion. Motion carried. PETITION Petition of John G. Pence to rezone real estate located at 2934 McKinley Avenue, South Bend, Indiana, from "A" Resi- dential to "C" Commercial and "C" or "D" Height and area district. Motion by Councilman Hahn, seconded by Councilman Carr that the petition be referred to the City Planning Commission. Motion carried. PETITION Petition,of Hartman Builders, Inc., to rezone Lots 23, 24, and 25 in Alward's Addition to the City of South Bend, from "B" Residential aid "A" Height and Area to "C "Commercial and "D" Height and Area. Councilman Kroll.made a motion that the petition be referred to the City Planning Commission. Councilman Christman seconded the motion. Motion carried. PETITION Petition of Matthew J. Nowak and Clara M. Nowak to rezone a parcel of land in the SW4 of the SE4 of Section 33, Twp., 38 N., Range 2 East and the NW4 of the NE4 of Section 4, Township 37 North, Range 2 East, from B Residential to C Commercial. Councilman Carr made a motion that the petition be referred to the City Planning Commission. Councilman Kroll second( the motion. Motion carried. F PETITION Petition of Richard R. Vogt to rezone a parcel of land known as Lot No. 5 in_RorkstroYir-s Survey in Section 4, ex- cepting therefrom 90 feet in width East and West taken off -of and from the entire west side thereof, from B Residen- tial to C Commercial. Councilman Kroll made a motion that the petition be referred to the City Planning Commission. Councilman Carr secon the motion. Motion carried. PEVITION ' Petition of Leslie H. Doty and Lissa E. M: Doty to rezone Part of the W 2 of the Northeast 4 of Section 4, Township 37 North, Range 2 East, from B Residential to C Commercial. (South Side of Lincolnway West). Councilman Tellsoxi. made a motion that the petition be'referred to the City Planning Commission. Councilman Muszynski seconded the motion. Motion carried. 4 PETITION Petition of Leslie H. Doty and Lissa Doty to rezone a parcel of land in the NE4 of Sec.4, Twp. 37 North, Range 2 East, on the South Side of Lincolnway West. Councilman Carr made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. PETITION Petition of Clement C. Fiwek and Virginia R. Fiwek to rezone a parcel of land known as Lot 5 in Rockstroh's Survey in Section 4, from B Residential to C Commercial. Councilman Kroll made a motion that the petition be referred to the City Planning Commission. Councilman Carr seconder the motion. Motion carried. PETITION Petition of Geno L. Benassi, et al, to rezonea parcel of land located in Lot No. 4., in Rockstroh's Survey, from B Residential to C Commercial. Conailman Carr made a motion that the petition be referred to the City Planning Commission. Councilman Kroll seconded the motion. Motion carried. REPORT OF ORDINANCE COMMITTEE: Report of Ordinance Committee on Ordinance amending several Sections of Ordinance No. 3893 on Heating. Councilman Carr, Chairman, reported that the Ordinance is still in Committee. REPORTS OF DEPARTMENTS The Health Department reported as follows: City Clerk, Mrs. Freda G. Noble, City Hall, South Bend, Indiana Dear Mrs. Noble: In reference to the investigation on Joseph Bartoszek 219 LaPorte Avenue., Sgt. Podell spoke to the neighbor Mrs. Anna Aslin 225 LaPorte Ave. and she stated she gets along very well with Mr. Joseph Bartoszek. MAY 13, 1957 gt. Podell spoke to Mrs.Buslee 224 LaPorte ave. she also stated she gets along with Mr. Joseph Bartoszek. rs. Joseph Bartoszek of 930 West LaSalle was contacted May 10, 1957 and she informed me of the following: Joseph Bartoszek is seriously ill at Memorial Hospital Dr. Bodnar and Dr. Hillman are going to amputate his ight leg above the knee. Mrs. Bartozek further advised this department that brothers and sisters of Joseph Bartozek re fumigating and cleaning the property at 219 LaPorte Ave. Mrs. Bartozek also remarked that his mental condition as improved considerably since admitted to Memorial Hospital. IFRNC /jk Sincerely, /s/ F. R. N. Carter, M.D. South Bend Health Officer ouri'cilman Carr made a motion that the report be accepted and placed on file. Councilman Erler seconded the motion. otion carried. OF POLICE DEPARTMENT fficers Report tt: Chief Dutrieux Capt. Ciesielski 4 -24 -57 Officers Pejza and Mattasits #193 Car #3 after checking the Root Beer stand at Gladstone and Western this date found everything to be in der for this date. Officers checked the place about 5 times and found that there was no noice and traffic orderly. e last time officers checked it on this tour of duty was at 10 :00 PM and at this time there was about nine cars the drive but all looked to be acting orderly and were of either couples or older people. -24 -57 0:30 P.M. /s/ Mattasits #193 Officers Pejza and Mattasits #193 uncilman -Garr made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. tion carried:. PORT OF COMMITTEE OF THE WHOLE: To the Common Council of the City of South Bend: our Committee of the Whole, to whom was referred AN ORDINANCE APPROPRIATING FROM STREET AND TRAFFIC GENERAL FUND 1,500.00 TO STREET DEPARTMENT ACCOUNT S -261 MEDICAL AND DENTAL, ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, NDIANA, FOR 1957 AND DECLARING AN EXTRAORDINARY EMERGENCY, Respectfully report that they have examined the matter nd that in their opinion it should be reported as favorable. /s/ G. W. Carr, Chairman ncilman Hahn made a motion that the report be accepted and placed on file. Councilman Glass seconded the motion. ion carried. SPORT OF COMMITTEE OF THE WHOLE: the Common Council of the City of South Bend: our Committee of the Whole, to whom was referred AN ORDINANCE TRANSFERRING FROM POLICE DEPARTMENT ACCOUNT P -11, ERVICES PERSONAL $3,2:00.00 AND ACCOUNT P -12 VACATION, RELIEF HELP AND SPECIAL COMPENSATION $800.00 TO POLICE DEPART - ENT ACCOUNT P -724 MOTOR EQUIPMENT, AND FROM CITY PLAN COMMISSION ACCOUNT 12 TEMPORARY HELP $50.00, ACCOUNT 241 ADVER- ISING AND PUBLICATION OF NOTICES $75.00, ACCOUNT 242 PRINTING, OTHER THAN OFFICE SUPPLIES $100.00, ACCOUNT 721 FURNI- URE AND FIXTURES $50.00, ACCOUNT 725 OFFICE EQUIPMENT $100.00, ACCOUNT 726 OTHER EQUIPMENT $50.00 TO CITY PLAN OMMISSION ACCOUNT 216 TRAVELING EXPENSE, ALL OF THE BUDGET FOR THE YEAR 1957 OF THE CIVIL CITY OF SOUTH BEND, INDIANA, ND DECLARING AN EXTRAORDINARY EMERGENCY, Respectfully report that they have examined the matter and that in their pinion it should be reported as favorable. /s/ G.W. Carr, Chairman uncilman Muszynski made a motion that the report be accepted and placed on file. Councilman Kroll seconded the tion. Motion carried. OF COMMITTEE OF THE WHOLE: the Common Council of the City of South Bdnd: our Committee of the Whole, to whom was referred AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND $30,000.00 TO FFICE OF CONTROLLER, ACCOUNT B -261, OTHER CONTRACTURAL SERVICES (SPECIAL U.S.CENSUS), ALL OF THE BUDGET FOR THE IVIL CITY OF SOUTH BEND, INDIANA, FOR 1957 AND DECLARING AN EXTRAORDINARY EMERGENCY, Respectfully report that they ave examined the matter and that in their opinion it should be reported as favorable. /s/ G. W. Carr, Chairman uncilman Tellson made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the tion. Motion carried. CE NO. 4161 AN ORDINANCE APPROPRIATING FROM STREET AND TRAFFIC GENERAL FUND $1,500.00 TO STREET DEPARTMENT ACCOUNT S -261 MEDICAL AND DENTAL, ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR 1957 AND DECLARING AN EXTRAORDINARY EMERGENCY. Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays. NO. 4162 AN ORDINANCE TRANSFERRING FROM POLICE DEPARTMENT ACCOUNT P -11 SERVICES PERSONAL $3,200.00 AND ACCOUNT P -12 VACATION, RELIEF HELP AND SPECIAL COMPENSATION $800.00 TO POLICE DEPARTMENT ACCOUNT P -724 MOTOR EQUIPMENT, AND FROM CITY PLAN COMMISSION ACCOUNT 12 TEMPORARY HELP $50.00, ACCOUNT 241 ADVERTISING AND PUBLICATION OF NOTICES $75.00, ACCOUNT 242 PRINTING, OTHER THAN OFFICE SUPPLIES $100.00, ACCOUNT 721 FURNITURE AND FIXTURES $50.00, ACCOUNT 725 OFFICE EQUIPMENT $100.00, ACCOUNT 726 OTHER EQUIPMENT $50.00 TO CITY PLAN COMMISSION ACCOUNT 216 TRAVELING EXPENSE, ALL OF THE BUDGET FOR THE YEAR 1957 OF THE CIVIL CITY OF SOUTH BEND, INDIANA, AND DECLARING AN EXTRAORDINARY EMERGENCY. Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0. nays. L i - - ORDINANCE NO. 4163 AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND #30,000.00 TO OFFICE OF CONTROLLER, ACCOUNT B -261, OTHER CONTRACTURAL SERVICES (SPECIAL U.S. CENSUS) ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR 1957 AND DECLARING AN EXTRAORDINARY EMERGENCY. The Ordinance was given third reading.and passed by a roll call vote of 9 ayes, 0 nays. REPORT OF CITY PLANNING COMMISSION: Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: 7 May 1957 The attached petition of Portage Realty Corporation to fix zoning as being "A" Residential Use District and "A" Height and Area District of a tract of land North of and adjacent to the intersection of Edison Road and Rockne Drive; being in the South i of the South i of Section 32, T38N, R3E, in the City of South Bend, was legally advertised under date of 22 April 1957 and given public hearing under date of 2 May 1957. The following action was taken: The Commission found that subject land had been recently annexed and therefore no zoning district regularions applied thereto. It was therefore moved, seconded and unanimously carried that petition be recommended favorably to the Common Council. RLH /tpng Attachment - Petition Very truly yours, CITY PLANNING COMMISSION /a/ ROBERT L. HUFF Robert L. Huff. Director - Secretary Councilman Hahn made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion . Motion carried. REPORT OF CITY PLANNING COMMISSION: Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: 7 May 1957 The attached petition of Steve.A. Krause, et al, to rezone from "B" Residential to "C" Commercial, Lots 1, 2, 3 and 4 in Mayr's Michigan Avenue Addition to the City of South Bend, being situated on the North side of Lincoln Way West and the first alley North thereof, and between Johnson and 0 Brien Streets; was legally advertised under date of 22 April 1957 and given public hearing under date of 2 May 1957. The following action was taken: After due consideration the Commission found the following: ' 1. Ttiat"both sides 6f Lincoln Way West between Diamond Avenue and Johnson Street:, a distance of seven Blocks, is zoned for commercial use; but that there exists 44 platted lots in residential use. 2. That between the Central Business District and the City limits on Lincoln Way West, 2,225 feet frontage is zoned commercial and used residential and further that the frontage of 2,495 feet is zoned commercial but -is vacant. 3. That faith the exception of approximately 80 feet, subject property would be entirely surrounded by residential use and residential zoning. 4. That there is no basis in fact that in the forseeable future Lincoln Way West will be commercial throughout its entire length. The Commission further found that there was no need for additional commercial zoning in the vicinity; that the granting of petitioners ordinance would be an unwaranted and un- needed intrusion into a resi- dential area, tha> it might adversly effect surrounding property values and that the best use of subject property is residential use. It was therefore, moved, seconded and unanimously carried that the petition be recommended unfavorably to the Common Council. Remonstrance petition with 41 signatures is attached to the petition. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff RLH /mng Director - Secretary Attachment: Petitions Councilman Carr made a motion that the report be accepted and placed on file. Councilman Eider seconded the motion. Motion carried. ORDINANCE NO. 4164 AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY CALLED THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Portage Realty Corporation petition) The Ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion for suspen- sion of rules. Councilman Carr seconded the motion. Motion carried by a roll call vote of 9 ayes, 0 nays. The Ordinance was then given third reading and passed by a roll call vote of 9 ayes, 0 nays. ORDINANCE MAY 13, 1957 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Lots 1, 2, 3, 4'Mayr's Michigan Avenue Addition - -Steve Krause, et al, petition) The Ordinance was given first reading by title and second reading in full. Councilman Tellson made a motion for suspension of rules. Councilman Carr seconded the motion. Motion carried by a roll call vote of 9 ayes, 0 nays. The Ordinance was then given third reading and lost by a roll call vote of 9 nays, 0 ayes. ORDINANCE NO. 4165 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND INDIANA AND MICHIGAN ELECTRIC COMPANY The Ordinance was given first reading by title and second reading in full. Councilman Carr made a motion for suspen- sion of rules.' Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 9 ayes, 0 nays. The Ordinance was then given third reading and passed by a roll call vote of 9 ayes, 0 nays. ORDINANCE AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF ONE MILLION DOLLARS ($1,000,000.00) TO BE APPLIED TO THE CONST OF CONSTRUCTION, RE- CONSTRUCTION AND IMPROVEMENT OF STREETS, AND EXPENSES INCURRED IN CONNECTION THEREWITH r'1 The Ordinance was given first reading by title and second reading in full. Councilman Carr made a motion that the Ordinance be set for public hearing on May 27, 1957. Councilman Kroll seconded the motion. Motion carried. RESOLUTION A RESOLUTION AMENDING A RESOLUTION DETERMINING TO COOPERATE WITH THE HOUSING AUTHORITY OF THE CITY OF SOUTH BEND IN THE DEVELOPMENT AND ADMINISTRATION OF LOW -RENT HOUSING PROJECTS, APPROVING A FORM OF CONTRACT WITH THE HOUSING AUTHORITY OF THE CITY OF SOUTH BEND, INDIANA, WITH RESPECT THERETO AND AUTH- ORIZING THE EXECUTION THEREOF. WHEREAS, the Common Council of the City of South Bend, Indiana, did, on or about the 10th day of September, 1956, adopt a resolution whereby the City of South Bend, Indiana, agreet to cooperate with The Housing Authority of the City of South Bend in the development and administration of low -rent housing projects and, at the same time, approved a form of contract with The Housing Authority of the City of South Bend, Indiana, which contract subsequently was duly executed by the City of South Bend, on or about the 11th day of September, 1956; and WHEREAS, among other things said resolution provided as follows: "WHEREAS, the Authority has agreed to enlarge the site which it now owns and which site is located between Taylor and Scott Streets, South of Western Avenue in said City of South Bend, and to construct Project IND -15 -2 on a site to be located on property bounded by Monroe Street and Monroe Street extended on the North; Taylor Street on the East; South Street extended to Chapin Street on the South, and Chapin Street on the West; and "WHEREAS, the Authority has agreed that construction of buildings shall be located on property bounded by Monroe Street and Monroe Street extended on the North, the first alley West of Taylor Street on the East; South Street extended to Chapin Street on the West; and "WHEREAS,, the Authority has agreed to contruct not snore than One Hundred (100) units on the above de.fined site; and" AND, WHEREAS, it has become desirable and for the best interests of said City of South Bend to amend the foregoing provisions contained in said resolution dated on or about September 10, 1956; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. That the above set forth provisions of a resolution determining to cooperate with The Housing Authority of the City of South Bend, adopted by the Common Council of the City of South Bend on the 10th day of Sep- tember, 1956, be amended to read as follows: "WHEREAS., the Authority has agreed to enlarge the site which it now owns and which site is located between Taylor and Scott Streets, South of Western'Avenue in said City of South Bend, and to construct a low -rent housing project on said enlarged site; and "WHEREAS,.the Authority has agreed that all buildings on said site shall be set back at least One Hundred (100) Feet from the South line of Western Avenue; and "WHEREAS, the Authority has agreed to construct not more than Rwo Hundred Fifty (250 units on the above defined site;" Section 2. That in all other respects said resolution adopted by this Council on September 10, 1956, and the Cooperation Agreement executed pursuant thereto on or about the 11th day of September, 1956, shall remain and be in full force and effect. Section 3. This resolution shall be in full force and effect from and after its passage. Passed by the Common Council this 13th day of May , 1957: /s/ G. W. Carr Member of the Common Council ATTEST: /s/ FREDA G. NOBLE. Freda Noble, City Clerk /s/ Stanley C. Korpal President of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana, on the 14th day of May, 1957, at the hour of 2:45 o'clock P.M., (C.D.S.T.) (1:45 P.M., C.S.T.) /s/ FREDA G. NOBLE Freda Noble, City Clerk 1231 REGULAR MEETING MAY 13, 1957 This resolution was approved and signed by me on the 14th day of May, 1957, at the hour of 2 :45 o'clock P.M., C.D.S.T. (1:45 P.M., C.S.T.) /s/ EDWARD F. VOORDE Edward F. Voorde, Mayor of the City of South Bend, Indiana Councilman Muszynski made a motion to adopt the Resolution. Councilman Tellson seconded the motion. Motion carried by a roll call vote of 9 ayes, 0 nays. Resolution Adopted. President Stanley C. Korpal thdri' remarked: "It gives me great pleasure to announce the Adoption of this Resolution which ends fourteen years of wrangling in the Council and it represents another step forward in the face-lifting of the City of South Bend by our present administration ". There being no further business before the Council, Councilman Carr made a motion to adjourn. Councilman Muszynski seconded the motion. Motion carried and the Regular Meeting of the Council adjourned at 9 :29 P.M. (C.D.S.T. - -8 :29 P.M. C.S.T.). ATTEST: CLERK k PRES