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HomeMy WebLinkAbout03-23-59 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend, met in Regular Session in the Council Chambers, on Monday, March 23, 1959, at 8 :16 P.M., with all members present. The meeting was called to order by President Stanley C. Korpal, who presided, ROLL CALL: PRESENT: Councilmen Korpal, Erhardt, 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 the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Stanley C. Korpal /s/ Julius B. Christman, Jr. ; Committee /s/ Donald F. Erhardt South Bend, Ind., March 23, 1959 Minutes of meeting of March 9, 1959. Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Hahn seconded the motion. Motion carried. COMMUNICATION Board of Commissioners Saint Joseph County Court House South Bend, Indiana Gentlemen: March, 1959 Mayor Voorde has proposed the establishment of a City- County Building Commission to construct governmental buildings and rent them to individual units of government within St. Joseph County. A 1953 law permits this type of com- mission, or building authority. The St. Joseph County Farm Bureau, and the Civic Planning Associations of South Bend and Mishawaka, through a joint meeting of their Boards of Directors, and after careful consideration, have reached the conclusion that such a move would not be in the best interests of their members and the citizens of this county for the following reasons: 1. The Board of Directors of such an authority under the 1953 law would be separated from the voters by Trustees appointed, one each, by the Mayor and City Council, of the county seat city (South Bend), the County Council, the County Commissioners and the Judge of the Circuit Court. The directors would thus be doubly removed from accounta- bility to the voters, and once removed from your respective units and their interests, 2. A major effect of such a commission would be to sidestep the present Constitutional limitation on debt of 2% of the assessed valuation of the taxing unit. This is because such a building authority would issue revenue bonds to finance construction and then repay the bonds out of rentals received for the buildings. This would destroy a very important check and safeguard the taxpayers now have, and would make possible indirect and unchecked taxation with eventual unjustified growth in tax rates. 3. Such a Commission would also sidestep the check and safeguard now given to taxpayers to oppose proposed bond issues for public improvements by obtaining petitions having more signers in remonstrance than on the original peti- tions proposing the improvements. 4. The sole recourse provided the public for dissent to de ^isions of the building authority would be through public hearings on leases by the individual units of government. There appear to be no provisions for public hearings, referendum or petition with respect to construction, financing or operation of public buildings by such an authorit At the annual budget hearings of the leasing unit, the only citizen appeal available would appear to be on the group that the amount of tax money to be raised might be more than actually required to meet the rental previously agreed upon. Thus the public is almost completely unprotected against irresponsible or unwise public expenditures or commitments on major projects. 5. The City of Mishawaka and its 35,000 people would not have a direct voice in the selection of the building authority Trustees. 6. We are further disturbed by the multiplicity of agencies which have sprung up in recent years to plan for the future development of our community and the addition of needed additional public buildings. The city of South Bend has a professional planning staff. The county has a professional planning consultant. And recently South Bend has set up a separate Redevelopment Commission with a professional staff and wide powers, including those of financing public building projects. Already there is evidence of waste due to frictions and conflicts between these Agencies. We fear that to add another complication at this stage would only serve further to compound the confusion. We think it would be better to try to get more evidence of cooperation and concrete results from the agencies we now have. We hope these comments will be helpful to you. We do not feel that this is a most important problem and recognize, as we are sure you do that it is just a phase of the larger problem of metropolitan planning. We assure you of our continued interest and cooperation. Respectfully, ST. JOSEPH COUNTY FARM BUREAU /s/ Harold G. Geyer, President MISHAWAKA CIVIC PLANNING ASSOCIATION, INC. /s/ Henry VerSlype, President Copies: Mayor Edward F.Voorde SOUTH BEND CIVIC PLANNING ASSOCIATION, INC. Mayor Albert Doyle /s/ Karl D. Jahnke, President Members of St. Joseph County Council Members of Mishawaka City Council Members of South Bend City Council. Councilman Christman made a motion that the communication be accepted and placed on file. Councilman Glass seconde the motion. Motion carried. iaLVVl1C11`. i'iL lil tLVV PETITION Petition of William P. Kraft and Daniel C. Kraft to rezone land on East Ewing Avenue. Z31 1959 Councilman Kroll made a motion that the petition be referred to the City Planning Commission. Councilman Erhardt seconded the motion. Motion carried. PETITION Petition of Richard A. Muessel, Jr., to rezone land located on East Jefferson Boulevard and Eddy Street. Councilman Glass made a motion that the petition be referred to the City Planning Commission. Councilman Kroll seconded the motion. Motion carried. REPORT OF CONTROLLER FOR THE MONTH OF FEBRUARY, 1959 Balance on Hand first of Month--------------------------------------- - - - - -- - - - - -- $2,686,197.22 Receipts during Month ----------------------------------------------------------------------------------- $1,218,283.79 Disbursements during Month----------------------------------------------------------------- - - - - -- - - - - -- $1,219,086.13 Balance on hand March 1, 1959 --------------------------------------------------------------------------- $2,685,394.88 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION: The Honorable Common Council March 20, 1959 City of South Bend South Bend, Indiana Gentlemen: The attached petition of Portage Realty Company, Inc., 1019 South Michigan Street, to annex the property generally described as being bounded on the north by Hepler Street (South Bend), on the east by Hickory Road, on the south by Rose Street extended, and on the west by one lot depth west of 30th Street, said area containing 64.84 acres, more or less, was legally advertised on February 23, 1959 and given public hearing on March 5, 1959. The following act was taken: After due consideration it was moved, seconded and unanimously carried that the petition be recommeded favorably to the Common Council subject to the condition that an appropriate area consisting of 10 acres be reserved for a period not to exceed five years for the date of annexation for acquisition by the School City of South Bend and further that a like area be reserved for the same period of time for acquisition by the City of South Bend and the Board of Park Commissioners. RLH /mah Attach. Councilman Kroll made a motion that the report be motion. Motion carried. ORDINANCES, FIRST AND SECOND READING Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff, Director - Secretary accepted and placed on file. Councilman Christman seconded the AN ORDINANCE PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SOUTH BEND, INDIANA (Clay Township -- Portage Realty) 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 April 13, 1959. Councilman Kroll seconded the motion. Motion carried. AN ORDINANCE FIXING THE ANNUAL SALARIES, PAYABLE FROM THE GENERAL FUND, FOR OFFICERS OF THE CITY OF SOUTH BEND TO BE ELECTED FOR THE TERM COMMENCING JANUARY 1, 1960 AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT The Ordinance was given first reading by title and second reading in full. Councilman Tellson made a motion that the Ordinance be referred to the Fees and Salaries Committee for study and that a report of the Committee be made at the next meeting of the Council, April 13, 1959. Councilman Kroll seconded the motion. Motion carried. Councilman Kroll then made a motion that the Ordinance be het for Public Hearing on April 27, 1959. Councilman muszynski seconded the motion. Motion carried. RESOLUTION SEE NEXT PAGE There being no further business before the Council, Councilman Hahn made a motion to adjourn. Councilman Kroll seconded the motion. Motion carried and the Regular Meeting of the Common Council adjourned at 8 :41 P.M. ATTEST: CLERK APPROVED: SIDENT r 9 REGULAR 14EETING MARCH 23, 1959 Councilman Erler read the following Resolution: R E S O L U T I O N WHEREAS, God, in his infinite wisdom, has called from this life HONORABLE FRED W.-. KELLER, former Mayor of South Bend, who served as Mayor from 1914 to 1918; and, WHEREAS, he was Icnown for the many constructive contributions he gave to South Bend and St. Joseph County; and, WHEREAS, South Bend has been a better place to live due to his unselfish devotion to its welfare; and, WHEREAS, his death has been a great loss to the City of South Bend, and its environs, for which he dedicated his life; and, and, WHEREAS, the City has been deprived of an able and outstanding citizen; WHEREAS, his death has brought much brief and sorrow to his family, relatives and many friends. NOW, THEREFORE, BE IT RESOLVED That we, the Common Council of the City of South Bend, do hereby extend to the entire family of FRED W. KELLER, our sincere sympathy in this their deepest hour of sorrow; and, BE IT FURTHER RESOLVED that a page in the Council records of the City of South Band be set aside and this resolution be copied therein and a copy, duly cer- tified by the Clerk, be sent to the bereaved. STANLEY C. KORPAL DONALD F. ERHARDT JULIUS B. CHRISTMAN, JR. WALTER G. GLASS ALBERT TELLSON DATED: March 23, 1959. WALTER C. ERLER, SR. WILLIAM A. HAHN JOSEPH T. KROLL CHESTER E. MUSZYNSKI COUNCILMAN MUSZYNSKI made a motion for adoption of the Resolution. COUNCILMAN ERHARDT seconded the motion. Motion carried. Resolution adopted. C