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HomeMy WebLinkAbout01-13-58 Council Meeting Minutes--------------------------------------------------------------------------------------------------------------------- REGULAR MEETING _ JANUARY 13, 1958 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers on Monday, January 13, 1958, at 8:57 P.M., with all members present except Councilmen Hahn and Erler. Councilman Korpal, President, called the meeting to order and presided. ROLL CALL: PRESENT: Councilmen Korpal, Carr, Tellson, Christman, Kroll, Glass and Muszynski. ABSENT: Councilmen Hahn and Erler. a.it as..v 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 George W. Carr South Bend, Ind., January 13, 1958 Minutes of Meeting of December 9, 1957 and Organization Meeting of January 6, 1958. Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Tellson seconded the motion. Motion carried. COMMUNICATION: Members of the City Council City Hall South Bend, Indiana 620 W. Colfax Ave AptA South Bend, 1, Indiana January 4, 1958 Dear Sirs- Refering to my conversation to a few of the Councilmen about the incident that happened to me by the Central Students. Would-like very much for all the Councilmen to know of this. I think its about time that some- thing is done for the welfare and safety of others. On December 13, 1957 on my way to town to keep a dental appoint- ment; on Washington St. in front of the Wellington Apartments I was met by a group of Central Students; school had just recessed for the day. They were throwing.snow balls and backing west no regard or respect for any one on the street. I was pushed down into the dirty soft snow; the boy helped me up but made no apoligies instead laughed about it. After I crossed William St. another group was throwing snow balls I kindly asked them to wait till I passed this group also laughed and continued throwing. They never heard of courtesy or respect. I decided to talk the principal when I reached the top landing of the Washington St. entrance I was hit in the back of my head with hard snow ball. Have had very severe headaches since also a doctor bill and exray. All so un- necessary. These are the fine things. I was talking with one of the students he told me that the principal made a statement on the PA system to refrain from'throwing snow balls said nothing of the seriousness of it. Seems to me the school officials take this very lightly. They ask for more money for higher education; the most of them don't take advantage of the good education that they have given them by the taxpayers. They better start teaching the Golden Rule. They may need a copy. I feel very sorry for the few nice students; they suffer for the others. I am very sure that the members of the Council would not like this to happen to any one of their families. I am a Democrat but I don't think that Councilman Glass is far wrong. Trusting you will give some attention to this at your next meeting. Respectfully, /s/ Mary Flowers Councilman Carr made a motion that the communication be accepted and placed on file. Councilman Glass seconded this motion. Motion carried. COMMUNICATION: City Council of South-Bend City Hall South Bend, Indiana Gentlemen: South Bend, Indiana December 16, 1957 At: the December meeting of the Central Junior - Senior Parent Teacher Association, the article on the front page of, the second section of the South Bend Tribune for December 10th was discussed. We feel that the entire student body at Central is bsing criticized because of the misconduct of a few. Of course in so large a group there will be come whose behavior is not approved by the majority. Since this incident took place after school hours and away from the school, we feel that the criticism lies with the home and the community and not with the school. Yours very truly, CENTRAL JUNIOR- SENIOR HIGH SCHOOL Parent Teacher Association /s/ Alta Monette Mrs. Mark Monette, President Councilman Carr made a- mb�fton tha, -the communication be accepted and placed an file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF CITY ATTORNEY: Common Council of the City of South BEnd South Bend, Indiana Gentlemen: January 13, 1958 At your request an investigation was made by the Department of Public Safety in reference to certain allegations that a juvenile problem existed in the vicinity. of Central High school in the City of South Bend. On receipt of a request by the Common Council, contact was made with Chief J. Charles Dutrieux, of the South Bend Police Department, and investigation was made by the Juvenile Section of the Police Department and report submitted to the Board as follows: That officers of the Juvenile Department proceeded to all likely places referred to in general by Councilman Glass. Inasmuch as Councilman Glass never informed the Council of the Board of Safety of the specific locations, the Juvenile Department surmised that the closest drug store to Central Highschool is the Morningside Drug Store. The officers' interviewed two waitresses of said drug store who are on duty at the noon hour and who had been on duty for several months last.past. The waitresses informed the officers that the conduct of all Juveniles in the drug store was proper. The officers further informed the Board that in November -a complaint had been made that one young man was using abusive language and had conducted himself in an improper manner, and at.that time the officers discussed the matter with the Juvenile authorities and made some corrective suggestions. That on the last visit as referred to above, the officers were informed that conditions in the drug store were excellent and that the young man who had misbehaved in November is now acting in a proper manner. The officers further informed the Board that at the time of the November complaint when they presented themselves to the drug store in reference to a report, the officers infomed all personnel of said drug store that should there.be any complaints of any nature, the Juvenile Department of the Police Department should be contacted forthwith. They were informed by the manager of the drug store as well as the waitresses that since said episode in November, whil had been corrected, there had been no trouble'whatsoever. Conferences were also held with Mr. David Ericson, Manager of the Morningside Hotel, who reported no instance -of bad conduct. The Board now takes the position that, unless.the Council can submit other locations and be more specific as to its complaint, the problem as heretofore referred by the Council cannot be found to exist. Respectfully submitted, BOARD OF PUBLIC SAFETYC BY /s/ Irving J. Smith Irving J. Smith, President IJS :dc Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Carr seconded the motion. Motion carried. CONTROLLER'S REPORT: REPORT FOR THE MONTH OF NOVEMBER, 1957 Balanceon Hand-------------------------------------------------------------------- - - - - -- ------- - - - - -- $3,179,502.90 Receipts----------------------------------------------------------------------------------------------- $.2,082,075.68 Disbursements------------------------------------------------------------------------------------------ $2,330,689.30 Balance on Hand Dec 1, 1957.::::*::: v_::rT ------------------------------------------------------------ $2,930,889.28 REPORT FOR THE MONTH OF DECEMBER, 1957 Balanceon Hand ---------------------------------------------------------------------------------------- $2,930,889.28 Receipts------------------------------------------------------------ - - - - -- --------------------- - - - - -- $1,271,398.43 Disbursements------------------------------------------------------------------------------------------ $1,296,102.35 Balance on Hand January 1, 1958--------------------------- - - - - -- , --------------------------------- $2,906,185.36 ANNUAL REPORT - 1957 Balance on Hand First of Year----------------- - - - - -- --------------------------------------- ----- --- --$ 2,187,033.45 Receiptsduring year ---------------------------------------------------------------------------------- $17,717,535.43 Disbursements during year ---------------------------------------------- s ------------------------------- $16,998,383.52 Balance 12/ 31/ 57--------------------------------------------------------------------------------- - - - - -$ 2,906,185.36 Councilman Tellson made a motion that the reports be accepted and placed on file. Councilman Carr seconded the mot 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 AUTHORIZING THE INCREASE OF SEWAGE SERVICE CHARGE TO ALL USERS FOR THE PURPOSE OF REPAIR AND /OR REPLACEMENT OF WATER SERVICE LINES AND SHUT -OFF BOXES WITHIN AND /OR UNDER PUBLIC PROPERTY, Respectfully report that they have examined the matter and that in their opinion it should be re- ported unfavorably and the new ordinance substituted and reported favorably. /s/ George W. Carr, Chairman Councilman Kroll made a motion that the report be accepted and placed on file. Councilman Christman 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 ORDINANCE_ ANNEXING LANDS TO AND DECLARING SAME TO BE A PART OF THE CITY OF SOUTH BEND, INDIANA (Hickory Road), Respectfully report that they have examined the matter and that in their opinion It should be reported favorable. /s/ George W. Carr, Chairman Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Christman 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 AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Logan Heights Addition - -East Jefferson), Respectfully report that they have examined the matter and that in their opinion it should be reported favorable. /s/ George W. Carr, Chairman Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Muuszynski seconded the motion. Motion carried. ^h 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 ORDINANCE ANNEXING LANDS TO AND DECLARING SAME TO BE A PART OF THE CITY OF SOUTH BEND, INDIANA (Olive and Prairie -- Lodyga), Respectfully report that they have examined the matter and that in their opinion it should be reported Favorable. /s/ George W. Carr, Chairman Councilman.Muszynski made a motion that the report be accepted and placed on file. Councilman Christman 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 TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Whitmore Corporation), Respectfully report that they have examined the matter and that in their opinion it should be reported favorable. /s/ George W. Carr, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AUTHORIZING THE INCREASE OF SEWAGE SERVICE CHARGE TO ALL USERS FOR THE PURPOSE OF REPAIR AND /OR REPLACEMENT OF WATER SERVICE LINES AND SHUT -OFF BOXES WITHIN AND /OR UNDER PUBLIC PROPERTY The Ordinance was given third reading and lost by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Hahn and Erler). ORDINANCE 4202: ORDINANCE ANNEXING LANDS TO AND DECLARING SAME TO BE A PART OF THE CITY OF SOUTH BEND, INDIANA (Hickory Road) The Ordinance was given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Hahn and Erler). ORDINANCE 4203 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (East Jefferson - -36th Street) The Ordinance was given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Hahn and Erler). ORDINANCE 4204 ORDINANCE ANNEXING LANDS TO AND DECLARING SAME TO BE A PART OF THE CITY OF SOUTH BEND, INDIANA (Olive and Prairie-- Lodyga) The Ordinance was given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Hahn and Erler). ORDINANCE 4205 AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (East Jefferson - -36th Street - -- Whitmore Corporation) The Ordinance was given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent(Councilmen Hahn and Erler). REPORT OF THE CITY PLANNING COMMISSION: The Honorable Common Council January 13, 1958 City of South Bend South Bend, Indiana Gentlemen: The attached petition of Dorothy Garland to annex approximately 15.3 acres at the South - West corner of Ireland and Miami Roads to the City of South Bend was legally advertised on 30 December 1957 and given public hearing under date pf 9 January, 1958. The following action was taken: After due consideration the Commission found that the annexation would be in the }hest interests of the territory sought to be annexed and the City, that area is urban in character and an economic and social part of City, which City is financially able to provide municipal services to the area within the reasonably near future. The Commission found further that the area is needed for the future development of the City and also that the lines of the annexatio are so drawn as to form a compact area abutting the municipality. It was therefore on motion duly made, seconded and unanimously,carried recommended favorably to the Common Council. Very truly yours, CITY PLANNING COMMISSION /si Robert L. Huff RLH /mah Attach. Robert L. Huff, Director - Secretary Councilman Carr made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. Councilman Carr made a motion that the report be accepted and placed on file. Motion carried. REPORT OF�THE CITY PLANNING COMMISSION: The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: Councilman Kroll seconded the motion. 13 January, 1958 The attached petition of Floyd H. and Lucille -V. Frisbie to rezone lot number three (3) of Riverdale Addition located at the southwest corner of 36th Street and Mishawaka Avenue from "B" Residential Use District and "A" Height and Area District to "C" Commercial Use District and "D" Height and Area District and also the attached petition of Edward P. Caparo and Florence D. Caparo to rezone lot number fifty -nine (59) of 1st Addition to Riverdale, being 3523 Mishawaka Avenue from "B" Residential Use District and "A" Height and Area District to "C" Commercial Use District and "D" Height and Area District were withdrawn by Henry Hoovwr, Attorney for the above petitioners, on 9 January, 1958. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff RLH /mah Robert L. Huff, Director - Secretary Attach. Councilman Carr made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. ORDINANCE NO. 4206 AN ORDINANCE ANNEXING TO AN BRINGING WITHIN THE CITY LIMITS OF SOUTH.r3END, INDIANA, CERTAIN LANDS. (Miami & Ireland) The Ordinance was given first reading by title and second reading in full. Councilman Carr made a motion for suspen- sion of rules. Councilman Kroll seconded the motion. Motion carried by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Hahn and Erler). The Ordinance was then given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent. (ORDINANCE NO. 4207 AN ORDINANCE AUTHORIZING THE INCREASE OF SEWAGE SERVICE CHARGES TO ALL USERS OF CITY SEWER SERVICE OR CITY WATER SERVICE, FOR THE PURPOSE OF REPAIR AND /OR REPLACEMENT OF WATER SERVICE LINES, SHUT -OFF BOXES, AND WATER METER MANHOLES. The Ordinance was given. first reading by title and second reading in full. Councilman Carr .made a motion for. suspension of rules. Councilman Muszynski seconded the motion. Motion carried.by a roll call vote of 7 ayes, O nays, 2 absent (Councilmen Hahn and Erler). The Ordinance was then given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent. ORDINANCE AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND $6,844.00 TO CITY CEMETERY ACCOUNT N -11, SALARY OF SEXTON $600.00; TO ACCOUNT N -12 REGULAR AND TEMPORARY LABOR $6,144.00; AND TO ACCOUNT N -331 GASOLINE $100.00, ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA FOR 1958, 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 set for public hearing on January 27, 1958. Councilman Carr seconded the motion. Motion carried. ORDINANCE NO. 4208 AN ORDINANCE APPROPRIATING ALL PARKING METER FEES AND 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 1OF 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 Carr made a motion for suspen- sion of rules. Councilman Kroll seconded the motion. Motion carried by a roll call vote o� 7 ayes, 0 nays, 2 absent (Councilmen lahn and' /Frler). 'The Ordinance was then given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent. r ORDINANCE NO. 4209 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE SOUTH BEND SEWAGE TREATMENT PLANT AND TEETERS SALES & SERVICE COMPANY FOR THE PURCHASE OF ONE SLUDGE TRUCK, GMC MODEL 552 FOR THE SUM OF $5,623.08 The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension of rules. Councilman Carr seconded the motion. Motion carried by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Hahn and Erler.) The Ordinance was then given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent. ORDINANCE AN ORDINANCE APPROVING, RATIFYING AND CONFIRMING A CERTAIN CONTRACT AND AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA, ACTING BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY, AND NORTHERN INDIANA TRANSIT, ;INC., ITS SUCCESSORS AND ASSIGNS, WHICH SAID CONTRACT. RELATES TO THE RATES CHARGED FOR BUS TRANSPORTATION SERVICE UPON CERTAIN STREETS AND HIGHWAYS IN SAID CIT. The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion that Ordinance be set for public hearing on January 27, 1958. Councilman Carr seconded the motion. Motion carried. REGULAR MEETING JANUARY 13, 1958 7. Councilman Carr made a motion that the Report of the Building Department, the Annual Report for 1957, be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. Councilman Muszynski presented a petition signed by eighteen householders in the 2100 and 2200 Blocks of South Catalpa Street relative to a street light which had been installed and which has been.covered with a shield at the request of one householder. He made a motion that the Board of Public Works and Safety investigate this complaint. Councilman Tellson seconded the motion. Motion carried. Councilman Tellson suggested that the Board of Public Works and Safety make an investigation as to the advisability of issuing permits to the Christmas Carolers who collect money. He suggested that the organization to benefit from the collection be listed. There being:no further business before the Council, Councilman Kroll made a motion to adjourn. Councilman Carr seconded the motion. Motion carried and the Regular Meeting of the Common Council adjourned at 9:44 P.M. ATTEST: CLERK APPROVED: s wz �