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HomeMy WebLinkAbout04-28-58 Council Meeting MinutesREGULAR MEETING; APRIL 28,1958 Be it remembered that the Common Council of the City of South Bend Indiana, stet in Regular Session in the Council Chambers, on Monday, April 28, 1958, at 8:26 P.M., with all members present. The meeting was called to order by President Stanley C. Korpal, who presided. ROLL CALL: PRESENT: COUNCILMEN KORPAL, CARR, TELLSON, CHRISTMAN, KROLL, GLASS, HAHN, ERLER AND MUSZYNSKI ABSENT: NONE. MINUTES: 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 minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. Stanley C Korpal George W. Carr COMMITTEE Julius B. Christman, Jr. South Bend, Ind., April 28, 1958. Minutes of meeting of March 24, 1958. Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. COMMUNICATION: FARABAUGH, CHAPLEAU & ROPER 301 St.Joseph Bank Building South Bend, 1, Indiana South Bend City Planning Commission 129 West Colfax Avenue South Bend, Indiana s and South Bend Common Council South Bend City Hall South Bend, Indiana Gentlemen: April 24, 1958 On or about January 24, 1958, there was filed with the City Clerk, addressed to the Common Council of the City of South Bend, the petition of Place and Company, Inc., and Dorothy K. Garland to zone the following described property located at the Southwest corner of Ireland Road and Miami as "C" Commercial District. Beginning at the Northeast corner of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, thence South along the East line of said Section 25, a distance of 556.45 feet; thence West 1,195 feet; thence North 556.45 feet to the East and West center line of said Section 25 (Center line of Ireland Road); thence East along the center line of Ireland Road a distance of 1,195 feet to the place of beginning. There accompanied such petition a proposed amended Ordinance to the South Bend City Zoning Ordinance. This petition, together with the accompanying proposed amended Ordinance, was referred to the South Bend City Planning Commission for consideration at the Council meeting on January 27, 1958. To date there has been no action on such petition by the City Planning Commission. On behalf of and as the attorney for Place and Company, Inc., and Dorothy K. Garland, I hereby respectfully 1 request that no action be taken on such petition by either the South Bend City Planning Commission or by the South B d Common Council. The petition is to be deemed withdrawn without prejudice. It is the expectation of these property owners that the petition to rezone this property will be filed agai in the future. Very truly yours, JOSEPH A. ROPER JAR:d communication Councilman Carr made a motion that the /xapmxx be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. COMMUNICATION: HUMANCE SOCIETY OF SOUTH BEND 55890 Grape Road, Mishawaka, Indiana To the Members of the City Council: We are having Open House on Humane Sunday, May 4th, which is the beginning of Be Kind to Animals Week. We cordially invite the members of the City Council and their families to visit our Shelter between the hours of 10:00 A.M., and 4:00 P.M. We would like to have you see first -hand how we are serving the community in the detention of stray animals, the care during quarantine of all bite cases, the placement of helathy animals in new foster homes. Councilman Carr made a motion motion. Motion carried. COMMUNICATION: DO COME Sincerely, HUMANE SOCIETY OF SOUTH BEND /s/ (Mrs.) Martha Flanagan President that the communication be accepted and placed on file. Councilman Hahn seconded the THE UNITED STATES CONFERENCE OF MAYORS Washington, 6, D.C. April 11, 1958 1958 Annual Conference The United States Conference of Mayors MEMORANDUM FOR: The City Clerk FROM: Robert F. Wagner, President The 1958 Annual Conference of the United States Conference of Mayors will be held at the Roosevelt Hotel, New Orleans, September 11 -13. May I ask your kind assistance in transmitting to members of the City Council a cordial invitation to attend and participate in the 1958 Annual Conference. It would be desirable to plan arrival in New Orleans for late after- noon on Wednesday, September 10, as a pre- Conference social get- together is being planned for that time. This year's sessions will conform to the same high standard of past meetings. Outstanding authorities on sub- jects of current interest to major cities will take part. All hotel reservations are, as in the past, being handles through our Conference Headquarters, and officials who will attend should direct their hotel reservation requests to the Executive Director, giving type of accomoda- tions desired, date of arrival, and date of departure. Such requests will be handled promptly with officials, in every instance, receiving confirmations directly from The Roosevelt Hotel. I am, Cordially yours, /s/ Robert F. Wagner Robert F. Wagner, President Councilman Carr made a motion that the communication be accepted and placed on file. Councilman Glass seconded the motion. Motion carried, PETITION Petition of Metzger, et al, to rezone land on East Dubail. Councilman Glass made a motion that the petition be referred to the City Planning Commission. Councilman Kroll seconded the motion. Motion carried. PETITION Petition of residents to change the name of Hoke Street to Woodmont Drive. Councilman Hahn made a motion that the petition be referred to the City Engineer for study and if favorable recommen- dation is made, that the matter be sent to the Board of Public Works and Safety for action. Councilman Kroll seconde the motion. Motion carried. PETITION 0Of Iri Petition of John Buszkiewicz to rezone land on Eft Ironwood (Lot 2 Wooded Estates). Councilman Kroll made a motion, seconded by Councilman Christman, that the petition be referred to the City Planning Commission. Motion carried. PETITION Petition of Jack Lee Guyberson, et al, to zone recently annexed land- -South Michigan and Albert Streets. Councilman Carr made a motion that the petition be referred to the City Planning Commission. Councilman Hahn second the motion. Motion carried. DEPARTMENTAL REPORTS: REPORT OF "ORDINANCE COMMITTEE: To the Common Council of the City of South Bend: Your Committee on Ordinances to whom waa referred AN ORDINANCE AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, (REAL ESTATE INVOLVED LOCATED ON THE WEST SIDE OF SOUTH MICHIGAN STREET BETWEEN ECKMAN STREET AND OAKSIDE STREET) , Respectfully report that they have examined the matter and wish to concur with the City Planning Commission and report that in their opinion the matter should be reported unfavorably. G. W. Carr Stanley C. Korpal W. A. Hahn Councilman Erler made a motion that the report be accepted and placed on file. Councilman Christman seconded the motion. Motion carried. REPORT OF CONTROLLER FOR THE MONTH OF MARCH, 1958 BALANCE ON HAND FIRST OF MONTH -------------------------------------------------------------------------- $2,448,503.81 RECEIPTS DURING MONTH----------------------------------------------------------------------------- - - - - -- 953,601.88 DISBURSEMENTS DURING MONTH ------------------------------------------------------------------------------ 1,157,754.88 BALANCE ON HAND, APRIL 1, 1958 --------------------------------------------------------------------------- 2,244,350.81 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Hahn seconded the motion. Motion carried. REPORT OF BUILDING DEPARTMENT Common Council City of South Bend, Indiana Gentlemen: April 28, 1958 I am submitting herewith reports on the items brought to my attention by this honorable body on March 25, 1958, as evidenced by the attached memoranda. I investigated the filling station located on the Northeast corner of South Bend Avenue and St. Louis Blvd., as re- quested. Please be advised that I have investigated similar complaints regarding this location on numerous occasions' in the past, I found this time, as I have always found, that there has accumulated a very small amount of junk and /or debris, at the rear of the station, However, it is my opinion that such accumulation is not sufficient to warrant formal action, nor is there a greater accumulation at this location than might normally be found at any such service station. In the matter of the lots located directly south across Blackoak Drive from Eddie's Restaurant, I have found that on occasion automobiles are parking at this location. Inasmuch, as the lots are zoned A- Residential, such parking is consequently a violation of the zoning order. However, this situation is an extremely difficult one for this Department to correct in that it is assumed that the owner is responsible for the correct use of his property. The owner has maintained with some justification, that it is impossible to keep the general public from using an open space for the purpose aforementioned. However, this Department will direct a cease and desist order to the owners of the property, specifying that reasonable action be taken to notify the public that parking on the lots is a violation of the city zoning ordinance. I trust that you will find the above sufficient to your needs, but if you should desire further information, please notify me. VLL :bb Sincerely yours, /s/ Verner L. Lane VERNER L. LANE Building Commissioner Councilman Carr made a motion that the report be accepted and placed on file. Councilman Kroll 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 PETITION FOR AUTHORITY TO ISSUE BONDS, NOTES, INTERIM CERTIFICATES, DEBENTURES OR OTHER EVIDENCES OF INDEBTEDNESS, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED AS FAVORABLE. /s/ G. W. Carr, Chairman Councilman Glass 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 April 10, 1958 City of South Bend South Bend, Indiana Gentlemen: The attached petition of John Pence to zone from "A" Residential Use District to "C" Commercial Use District and "C" or "D" Height and Area District an area with 102 foot frontage on Lincoln Way West at the northwest intersection ALUUIARn LVILL1111U Z%K LIL.LJj f-V , 17 JV of Lincoln Way West and Johnson Street was legally advertised on 24 March 1958 and given public hearing under date of 3 April 1958. The following action was taken: After due consideration the Commission found.that the area to the west of Johnson Street within the vicinity was predominantly used and zoned commercially; that there existed in the vicinity ample land now zoned commercially; and that commercial zoning of subject property would be an unnecessary and unwarranted intrusion into a residential area. It was therefore duly moved, seconded and unanimously carried that the petition be recomm3nded unfavorably to the Common Council. Very truly yours, CITY PLANNING COMMISSION Isl Robert L. Huff (M.A.H.) Robert L. Huff, Director-Secretary RLH/mah Attach, 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: April 11, 1958 The attached petition of Blenke Brothers Realty Company, Inc., to zone the recently annexed land, to-wit: Lots 69, 70, 71A, 72A, and 105-108, inclusive, of Chippewa Heights 3rd Addition, being the land west of Highway 31, North of Albert Street, east of Main Street and south of the previous City Limits to "C Commercial Use District and "A" Height and Area District was legally advertised on 24 March 1958 and given public hearing under date of 3 April 1958. The following action was taken: After due consideration the Commission found that the west side of Michigan Street, being in the County, was zoned and fully used commercially; that subject'property was adjacent thereto and could not, therefore, be described as spot zoning; that it would be, therefore, arbitrary and unreasonable to withhold commercial zoning from subject property; and that substantial justice would be done by the favorable recommendation of the petition. It was therefore duly moved, seconded and unanimously carried that the petition be recommended favorably to the Common Council. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff (MAH) Robert L. Huff Director-Secretary RLH/mah Attach. Councilman Carr made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION: The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: April 10, 1958 The attached petition of Frank C. Wisniewski to zone from "A" Residential Use District to "C" Commercial Use Districl and "A" Height and Area District Lots 21, 22 and 23 of Janowski's Sub. of Lot 9, K & M Addition, being three lots to t] northeast of the Bertrand and Olive Streets intersection was legally advertised on 24 March 1958 and given public hearing under date of 3 April 1958. The following action was taken: The Commission found that substantial justice would be done and that a logical extension of commercial zoning would be accomplished by the favorable recommendation of the petition. It was therefore duly moved,.seconded and unanimously carried that the petition be recommended favorably to the Common Council. Very truly yours, RLH/mah Attach, CITY PLANNING COMMISSION Isl Robert L. Huff (MAH) 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. ORDINANCE,-THIRD READING: AN ORDINANCE AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (REAL ESTATE INVOLVED LOCATED ON THE WEST SIDE OF SOUTH MICHIGAN STREET BETWEEN ECKMAN STREET AND OAKSIDE STREET) The Ordinance was given third reading and lost by a roll call vote of 9 nays, 0 ayes. ORDINANCE NO. 4223 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Blenke Brothers Petition- _ Albert Street) The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension of rules. Councilman Kroll seconded the motion. Motion carried by a roll call vote of 9 aye, 0 nays. The Ordinance was then given third reading and passed by a roll call vote of 9 ayes, 0 nays. ORDINANCE NO. 4224 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, OF THE CITY OF SOUTH BEND (Wisniewski - Lots 21,22,23 Janowski's Sub of K&M Ad) The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension of rules. Councilman Kroll 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 TRANSFERRING FROM CITY PLAN COMMISSION ACCOUNT NO. 26 - OFFICE SUPPLIES $250.00, ACCOUNT NO. 242 - PRINTING, OTHER THAN OFFICE SUPPLIES $350.00, ACCOUNT NO. 725 - OFFICE EQUIPMENT $350.00, ACCOUNT NO. 51 - INSURANCE AND PREMIUMS $195.00, ACCOUNT NO. 331 - GASOLINE $50.00, AND ACCOUNT NO. 241 - ADVERTISING AND PUBLICATION NOTICES $50.00, TO CITY PLAN COMMISSION ACCOUNT NO. 41 - BUILDING MATERIALS $250.00, AND CITY PLAN COMMISSION ACCOUNT NO. 721 - FURNITURE AND FIXTURES $995.00 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 first reading by title and second reading in full. Councilman Kroll made a motion that the Ordinance be set for public hearing on May 12, 1958. Councilman Carr sea) nded'the motion. Motion carried. ORDINANCE AN ORDINANCE TRANSFERRING FROM CEMETERY DEPARTMENT ACCOUNT NO. N712 PROPERTIES $1500.00 TO CEMETERY DEPARTMENT ACCOUNT NO. N251 - SERVICES CONTRACTUAL $1,500.00; FROM FIRE DEPARTMENT ACCOUNT NO. Q11 - SERVICES PERSONAL $8,200.00 TO FIRE DEPARTMENT ACCOUNT NO. Q 712 - OTHER STRUCTURES $8,200.00; FROM CIVIL DEFENSE ACCOUNT NO. CD 726 - PROPERTIES $1,800.00 TO CIVIC DEFENSE ACCOUNT NO. CD 724 - PROPERTIES $1,800.00; FROM ELECTRICAL INSPECTION ACCOUNT NO. ME 11 - SERVICES PERSONAL $2,350.00; TO ELECTRICAL INSPECTION ACCOUNT NO. ME12 - SERVICES PERSONAL $2,000.00, AND TO ACCOUNT NO. ME214 - SERVICES CONTRACTUAL $150.00, AND TO ACCOUNT NO. ME721 - PROPERTIES 0200.00. 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 12, 1958. Councilman Kroll seconded the motion. Motion carried. ORDINANCE NO. 4225 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND LAYNE NORTHERN COMPANY, INCORPORATED FOR THE CONTRUCTION OF ONE WELL TO BE LOCATED AT THE OLIVER STATION FOR THE SUM OF $46,960.00 The Ordinance was given first reading by title and second reading in full. Councilman Hahn 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. T)T?CnT TTTTf1T%T RESOLUTION APPROVING THE ISSUANCE BY THE HOUSING AUTHORITY OF THE CITY OF SOUTH BEND, INDIANA, OF BONDS, NOTES, INTERIM CERTIFICATES, DEBENTURES OR OTHER EVIDENCES OF INDEBTEDNESS WHEREAS, The Housing Authority of the City of South Bend, Indiana, (herein called the "Authority") is a body corporate and politic, organized and existing under and by virtue of the Housing Authorities Act of Indiana (herein called the "Act "), and WHEREAS, the Authority is desirous of issuing Bonds, Notes, Interim Certificates, Debentures and other evidences', of indebtedness (herein collectively referred to as "Bonds ") for the purpose of obtaining funds for the financing of the development and operation of low -rent public housing projects, and WHEREAS, said Act provides that the issuance of bonds must be approved by the City Council of any Authority organized in a city, after a public hearing held pursuant to notice of the time, place and purpose thereof by one publication at least ten days prior to the date of the public hearing in a newspaper of general circulation in the City, and WHEREAS, said public hearing was held at 8:00 P.M., on the 28th day of April, 1958, at the City Hall in the City of South Bend, Indiana, pursuant to a notice of such public hearing duly published on the 28th day of March, 1958 in The Record, The South Bend Tribune, a newspaper of . general circulation published in the City of South Bend, Indiana, and WHEREAS, the Common Council of the City of South Bend, Indiana, desires to approve the issuance of Bonds by said Authority; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. That the issuance, sale and delivery by The Housing Authority of the City of South Bend, Indiana, of Bonds, notes, interim certificates, debentures and other evidences of indebtedness, for the purpose of financing the corporate purposes of said Authority, including but not limited to, the construction and operation of low -rent housing projects, is hereby authorized and approved. Such obligations and evidences of indebtedness shall be in such amounts as may be from time to time authorized by resolution of said Authority. Section 2. This resolution shall be in full force and effect from and after its passage. passed by the Common Council this 28 day of April , 1958. ATTEST: /s/ FREDA G. NOBLE Freda G. Noble, City Clerk Presented by me to the Mayor of the City of South Bend, /s/ Stanley C. Korpal President of the Common Council Indiana, on the 29th day of April, 1958, at the hour,of • REGULAR 9:30 obldck A. M. /s/ Freda G. Noble Freda G. Nob le, City Clerk This resolution was approved and signed by me on the 29th day of April, 1958, at the hour of 9:35 o'clock A. M. /s/ Edward F. Voorde Edward F. Voorde, Mayor of the City of South Bend, Indiana Councilman Muszynski made a motion for adoption of the Resolution. Councilman Kroll seconded the Motion. Motion carried. Resolution adopted. NEW BUSINESS: Councilman Tellson made a motion that an investigation be made by the Board of Public Works and safety and report back to the Council, concerning the condition of the Railroad Crossings of the New York Central System and the New Jersey Railroad and others who have crossings here in the City. Mr. Tellson especially mentioned the Leer Stteet and Twyckenham Drive crossings and the crossings at Kemble, Kenaall and Chapin. .Councilman Muszynski seco the motion. Motion carried. Councilman Glass asked about the law requiring obtaining moving permits. Mr. Smith answered the question by asking Mr. Glass to refer to Chapter 31, paragraphs 1, 2, 3, 4, 5, etc., of the Municipal Code Book and explained the penalties involved. Councilman Glass made a motion that the matter be referred to the Ordinance Committee. Councilman Muszynski seconded the motion. Motion carried and the matter was referred to the Ordinance Committee composed of Councilmen Carr, Hahn and Korpal. There being no further business to.'come'befare the Council, Councilman Hahn made a motion to adjourn. Councilman Tellson seconded the motion. Motion carried and the Regular Meeting of the Common Council adjourned at 9 :23 P.M. ATTEST: APPROVED: CLERK / PRESIDENT