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REGULAR MEETING:
FEBRUARY 10, 1958
Be it'remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council
Chambers, Monday, February 10, 1958, at 8:27 P.M., with all members present except Councilmen Carr and Erler.
The meeting was called to order by President Stanley C. Korpal, who presided.
ROLL CALL:
PRESENT: Councilmen Korpal, Tellson, Christman, Kroll, Glass, Hahn and Muszynski.
ABSENT: Councilmen Carr and Erler.
REPORT OF THE 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 Committee
Julius B. Christman, Jr.
Councilman Hahn made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the
motion. Motion carried.
COMMUNICATION:
Mrs. Freda Noble, Clerk February 3, 1958
City of South Bend,
South Bend, Indiana
Dear Mrs. Noble:
I am returning herewith Ordinance No. 4212 with my veto attached thereto.
Attached herewith also is an explanatory letter with my reasons for my decision to veto this legislation. Will
you transmit to the Common Council this reason for veto?
EFV /ab
s
Respectfully,
/s/ Edward F. Voorde
Edward F. Voorde, Mayor
Common Council
City of South Bend February 3, 1958
South Bend, Indiana
ATTENTION: Mr. Stanley Korpal, President
Members of the Common Council:
The Common Council in its action on Ordinance No. 4212 did act within its statutory grants in regulating which kind
of vehicles should or should not be permitted use of any of our city streets.
Practically, however, it is my considered judgment that we have not sufficiently covered the problem of channeling
an important factor of our economy. Certainly the Council in its action; did not intend to constrict industry nor
did it in any way have any so- called "black -mail" motive in its action.
As I negate this legislative action, at the same time I am ordering the City Traffic Engineer to immediately call a
conference of the truck industry and the Council Transportation Committee. This conference should, without emotion
and without sentiment, but from a logical and practical standpoint, work out an overall Ordinance, and to submit it
forthwith.
Therefore, I am returning this Ordinance with my veto attached thereto.
Respectfully yours,
/s/ Edward F. Voorde
Edward F. Voorde, Mayor
EFV /ab
Councilman Kroll made a motion that the Communication be accepted and placed on file. Councilman Hahn seconded the
motion. Motion carried.
PETITION
Petition of Michael Ettl,.et al, to rezone land on South Michigan Street between Eckman and Oakside.
Councilman Kroll made a motion that the petition be referred to the City Planning Commission. Councilman Muszynski
seconded the motion. Motion carried.
j ORDINANCE NO. 4213
AN ORDINANCE TRANSFERRING FROM CITY PLAN COMMISSION ACCOUNT NO. 12 - TEMPORARY HELP,
$475.00 TO CITY PLAN COMMISSION ACCOUNT NO. 11 - SERVICES PERSONAL, ALL OF THE BUDGET
FOR THE YEAR 1958 OF THE CIVIL CITY OF SOUTH BEND, INDIANA, AND DECLARING AN EXTRAORDINARY
EMERGENCY . .
The Ordinance was given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Carr and'i
Erler.
REPORT OF THE CITY PLANNING COMMISSION:
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
February 7, 1958
At the Regular meeting of the City Planning Commission under date of 6 February 1958 the Commission unanimously
the following statement relative to the petition of Blenke Brothers Realty Company, Inc. to annex land into the
City of South Bend:
"The Planning Commission is of the opinion that the proposed annexation is in the best interests of the City of
South Bend and of the territory proposed to be annexed and that it meets all the requirements for annexation set
forth by the applicable Indiana statute.
The Commission is informed that there is pending a suit brought by the County Board of Zoning Appeals against the
owners of most of the territory involved in which suit it is alleged that said owners are violating the County
Zoning Ordinance. Since the Council has not requested an opinion from the Commission on the policy question
involved relative to said suit the Commission makes no recommendation regarding:.this question of policy."
RLH /mah
Attach.
Very truly yours,
CITY PLANNING COMMISSION
/s/ Robert L. Huff
Director - Secretary
Councilman Kroll made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the
motion. Motion carried.
REPORT OF THE CITY PLANNING COMMISSION:
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
February 7, 1958
The attached ordinance originated by the City Planning Commission to zone the recently annexed nine (9) acres, more
or less, of land lying south of Edison Road, east of Ebeling Street, north of Rexford Drive and west of Hickory
Road, to "A" Residential Use District and "A" Height and Area District was legally advertised on 27 January 1958
and given public hearing under date of 6 February 1958. The following action was taken:
After due consideration the Commission found the general area surrounding subject area to be
used and zoned "A" Residential Use District and that the subject area is predominately single family use.
It was therefore duly moved, seconded and unanimously carried that the Ordinance be recommended favorably to the
Common Council.
Very truly yours,
/a/ Robert L. Huff
RLH /mah - Attach. Robbrt 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 THE CITY PLANNING COMMISSION:
The Honorable Common Council February 7, 1958
City of South Bend
South Bend, Indiana
Gentlemen:
The attached ordinance originated by the City Planning Commission.to zone approximately nine (9) acres of recently
annexed land lying north of Corby Blvd., west of Hickory Road, south of Rexford Drive and east of Whitehall Drive
to "A" Residential Use District and "A" Height and Area District was leaglly advertised on 27 January 1958 and given
public hearing under date of 6 February 1958. The following action was taken:
After due consideration the Commission found the general area surrounding subject area to be used
and zoned. "A" Residential Use District and that the subject area is predominantly single family use.
It was therefore duly moved, seconded and unanimously carried that the ordinance be recommended
favorably to the Common Council.
Very truly yours,
/s/ Robert L. Huff
Robert L. Huff
RLH /mah Director- Secretary
Attach.
Councilman Tellson. made a motion that the report be accepted and placed on file. Councilman Glass seconded the
motion. Motion carried.
REPORT OF THE CITY PLANNING COMMISSION:
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
February 7, 1958
The attached Ordinance originated by the City Planning Commission to zone approximately forty (40) acres of recent
annexed land lying west of Hickory Road north of McKinley Blvd., east of Preston Drive and south of Sorin Street to
"A" Residential Use District and "A" Height and Area District was legally advertised on 27 January 1958 and given
public hearing under date of 6 February 1958. The following action was taken:
RLH /mah
Attach.
After due consideration the Commission found the general area surrounding subject area to be
used and zoned "A" Residential Use District and that the subject area is predominately single
family use. It was therefore duly moved, seconded and unanimously carried that the ordinance
be recommended favorably to the Common Council.
Very truly yours,
/s/ Robert L. Huff
Robert L. Huff
Director- Secretary
Councilman Glass made a motion that the report be accepted and placed on file. Councilman Tellson seconded the
motion. Motion carried.
REPORT OF THE CITY PLANNING COMMISSION:
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
February 7, 1958
The attached ordinance originated by the City Planning Commission to zone land owned and occupied by the Morris
Park Country Club and also the recently annexed strip of land lying west of McKinley Terrace Addition, east of
Edison Park Addition and between Edison Road and Corby Blvd., to "A" Residential Use District and "A" Height and
Area District excluding that land now occupied by the Morris Park Country Club building was legally advertised
on 27 January 1958 and given public hearing under date of 6 February 1958. The following action was taken:
RLH /mah
Attach.
The Comrnissian found that substantial justice would be done by the favorable recommendation
of the ordinance. It was therefore duly moved, seconded and unanimously carried that the
ordinance be recommended favorably to the Common Council.
Very truly yours,
CITY PLANNING COMMISSION
/s/ Robert L. Huff
Robert L. Huff
Director- Secretary
Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Kroll seconded the
motion. Motion carried.
REPORT OF THE CITY PLANNING COMMISSION:
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
February 7, 1958
The attached ordinance originated by the City Planning Commission to zone land occupied by the Morris Park County
Club building and the land immediately surrounding same to "B" Residential Use District and "A" Height and Area
District was legally advertised on 27 January 1958 and given public hearing under date of 6 February 1958. The
following action was . taken:
REGULAR MEETING
RLH /mah
Attach.
FEBRUARY 1Q. 1958
The Commission found that substantial justice would be done by the favorable recommendation of
the Ordinance. It was therefore duly moved, seconded and unanimously carried that the attached
ordinance be recommended favorably to the Common Council.
Very truly yours,
/s/ 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 THE BOARD OF PUBLIC WORKS AND SAFETY:
Common Council.
City of South Bend
South Bend, Indiana
Gentlemen:
February 10, 1958
In response to the directive dated January 28, 1958 issued to this office, we are enclosing the following reports
given to us by the Police Department.
Thanking you, I remain
Sincerely,
/s/ Anthony J. Sabo
Anthony J. Sabo, Clerk
Board of Public Works and Safety
Attached to this communication are Officers' reports showing data collected relative to trains blocking crossings
at Washington and College and Ford Street.
Councilman Kroll made a motion that the report be accepted and placed on-'file. Councilman Muszynski seconded the
motion. Motion carried.
ORDINANCE FIRST AND SECOND READING:
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SOUTH BEND, INDIANA
(Albert Street - -- Blenke Brothers Petitioners)
The Ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion that the
ordinance be set for public hearing on February 24, 1958. Councilman Glass seconded the motiaL Motion carried.
ORDINANCE NO. 4214
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 (Hickory Road 9. 3 acres).
The Ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion for
suspension of rules. Councilman Hahn seconded the motion. Motion carried by a roll call vote of 7 ayes, 0 nays,
2 absent (Councilmen Carr and Erler). The Ordinance was then given third reading and passed by a roll call vote
of 7 ayes, 0 nays, 2 absent (Councilmen Carr and Erler).
ORDINANCE NO. 4215
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 ( Hickory Road 9.4 acres).
The Ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion for
suspension of rules. Councilman Tellson seconded the motion. Motion carried by a roll call vote of 7 ayes, 0 nays,
2 absent (Councilmen Carr and Erler). The Ordinance was then given third reading and passed by a roll call vote of
7 ayes, 0 nays, 2 absent (Councilmen Carr and Erler).
ORDINANCE NO. 4216
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 (Hickory Road 40.3 acres)
The Ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion for
suspension of rules. Councilman Glass seconded the motion. Motion carried by a roll call vote of 7 ayes, 0 nays,
i
2 absent (Councilmen Carr and Erler). The Ordinance was then given third reading and passed by a roll call vote
of 7 ayes, 0 nays, 2 absent (Councilmen Carr and Erler).
ORDINANCE NO. 4217
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 (Morris Park 177.3 acres).
The Ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion for
suspension of rules. Councilman Christman seconded the motion. Motion carried by a roll call vote of 7 ayes,
0 nays, 2 absent (Councilmen Carr and Erler).
ORDINANCE NO. 4218
AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOON
AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Morris Park 2.7 acres).
The Ordinance was given first reading by title and second reading in full. Councilman Glass made a motion for
suspension of rules. Councilman Kroll seconded the motion. Motion carried by a roll call vote of 7 ayes, 0 nays,
2 absent (Councilmen Carr and Erler). The Ordinance was then given third reading and passed by a roll call vote of
7 ayes, 0 nays, 2 absent (Councilmen Carr and Erler).
14
REGULAR MEETING
NEW BUSINESS
FEBRUARY 10, 1958
Councilman Tellson made a motion that an Ordinance be drawn by the City attorney to eliminate the sale of artificially
colored baby chicks, ducklings and rabbits. There was no second to the motion but Mr. Smith, City Attorney stated
that he would investigate this matter and prepare an Ordinance covering same.
Councilman Christman asked that the Board of Public Works and Safety direct that the Police Department pay particular
attention to those streets blocked off and designated as Play Streets. Persons whose homes have no alley behind
them, will be allowed to go through the barricade to park before their homes, but no other cars are to be allowed
through the barricade.
Councilman Christman commented on the traffic congestion at the intersection of Vassar and Wilber Streets and asked
that some sort of traffic control be used at school dismissal time. Councilman Tellson also stated that there is
traffic congestion at St. Joseph Church on Sundays with so many cars and no traffic control.
There being no further business before the Council, Councilman Hahn made a motion to adjourn. Councilman Glass
seconded the motion. Motion carried and the Regular meeting of the Common Council adjourned at 9:23 P.M.
ATTEST:
PRESIDENT
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