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HomeMy WebLinkAbout07-27-59 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers, City Hall, on Monday, July 27, 1959, at 10:41 P.M., with all members present except Councilman Muszynski. The meeting was called to order by President Stanley C. Korpal, who presided. ROLL CALL PRESENT: Councilmen Korpal, Erhardt, Tellson, Christman, Kroll, Glass, Hahn and Erler. ABSENT: Councilman Muszynski. 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. Stanley C. Korpal Donald F. Erhardt Committee Julius B. Christman, Jr. South Bend, Ind., July 27, 1959. Minutes of meeting of July 13th, 1959. Councilman Hahn made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. COMMUNICATION South Bend City Council Dear Sir: July 25, 1959 The directors of St. Joseph County Farm Bureau met at a called meeting an unanimously voted to oppose the establishing of a City- County Building Authority and we ask your body to consider our wishes. Sincerely, St. Joseph County Farm Bureau /s/ Ardale Wever, Sec. Councilman Glass made a motion that the communication be accepted and placed on file. Councilman Erler seconded the motion. Motion carried. COMMUNICATION Honorable Edward F. Voorde, Mayor Members of the Common Council City of South Bend, Indiana Gentlemen: July 27, 1959 The South Bend Civic Planning Association along with officials, citizens and other organizations, has recognized the need for additional as well as modern office facilities for the operation of city government. When the City - County Building Authority was proposed as a means of meeting the need, we, as you know, recommended a committee of responsible citizens be appointed "to undertake the fact - finding, priority setting, and taxation scheduling which are required" for any improvement. In order to further implement the accomplishment of the proper planning that is necessary we suggest that you not only take action to appoint this fact - finding committee but that there be included in the 1960 budget an appropriation of $40,000. to cover the cost of an architect who would undertake the premilinary plans. In this way the actions of the fact - finding committee may be backed up by specific forward progress during 1960 in alleviating the space problem of our city government. Respectfully, SOUTH BEND CIVIC PLANNING ASSN. INC. /s/ Karl F. Jahnke, Karl D. Jahnke, President Councilman Erler made a motion that the communication be accepted and placed on file. Councilman Erhardt seconded th motion.. Motion carried. DEPARTMENTAL REPORTS REPORT OF PARK DEPARTMENT The Common Council City Hall South Bend, Indiana Gentlemen: July 24, 1959 This will acknowledge a notice from the City Clerk with reference to investigating an encroachment and injury to the banks of the St. Joseph River by occupants of property located on the north side of Lincolnway East immediately east of Twyckenham Drive. This is to advise that the Department of Public Parks, in so far as we know, has no jurisdiction over private proper located along the St. Joseph River. A study of the municipal code of South Bend, Chapter 24, which deals with St. Joseph River matters, fails to disclose any jurisdiction by the Park Department. However, there does appear to be a violation of the ordinance of 1916 numbered 255. It is my opinion that this matter should be referred to your City Attorney and the Police Department for enforcement. Very truly yours, DEPARTMENT OF PUBLIC PARKS /s /Ralph A. Newman RAN :ka Ralph A. Newman, Superintendent CC: Mr. Edwin S. Ehlers, President Boar& of Park Commissioners Councilman Kroll made a motion that the communication bs referred to the City Attorney for attention and that a copy same be sent to Mr. Irving Smith, City Attorney, Mr. Verner Lane, Building Commissioner, Mr. William McInerpy, Attorney for the City Planning Commission and the Board of Zoning Appeals, and to the Police Chief. Councilman Hahn seconded the motion. Motion carried. REPORT OF ASSISTANT CITY ATTORNEY The.Common Council AUGUST 12, 1959 City of South Bend City Hall South Bend, Indiana RE: Bremen Iron and Junk Yards Gentlemen: Subsequent to the last report concerning the above Captioned premises to this body, the owners and operators thereof, upon refusal by the Board of Public Works to issue their license for 1958, brought an action for mandamus against the Board and the City of South Bend, asking that the Court mandate the Board and the City to issue such license. They also asked the Court for a restraining order without notice restraining the City and any official thereof from inter- fering with the operation of such junk yard until the final determination of the suit for mandamus. Thereafter, the Court continued the restraining order without notice in effect as a temporary injunction. Recently, the attorneys for the junk yard filed an Affidavit for Change of Venue from the County and the case has been venued to Marshall County where it shall now come up on the Court calendar for the fall term. The City legal department will do all it can do to have the matter heard as quickly as possible when the fall term of Court opens. WAR:vh Yours very truly, /s/ William A. Hosinski William A. Hosinski Assistant City Attorney Councilman Hahn 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 AN ORDINANCE AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS "THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA," (Fences, walls and hedges), Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE held in Committee until next regular meeting August 10, 1959. /s/ Joseph T. Kroll, Chairman Councilman Hahn 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 AN ORDINANCE FIXING MAXIMUM SALARIES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1960, Respectfully report that they have examined the matter and -that in their opinion IT SHOULD BE REPORTED favorable as amended. /s/ Joseph T. Kroll, Chairman Councilman Glass made a motion that the report be accepted and placed on file. Councilman Christman seconded the motion. Motion carried. ORDINANCE NO 4274 - - -59 AN ORDINANCE FIXING MAXIMUM SALARIES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1960 The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Muszynski ORDINANCE NO. 4275 - - -59 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY WATER WORKS OF SOUTH BEND AND 0. J. SHOEMAKER, INC., FOR THE EXTENSION OF WATER SERVICES AND THE RE- LOCATION OF CURB BOXES ON WESTERN AVENUE FROM MAPLE STREET TO TAYLOR STREET IN THE CITY OF SOUTH BEND The Ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion for suspen- sion of rules. Councilman Kroll seconded the motion. Motion carried by a roll call vote of 8 ayes, 0 nays, and 1 absent (Councilman Muszynski.). The Ordinance was then given third reading and passed by a roll call vote of 8 ayes, 0 nays, l absent (Councilman Muszynski). ORDINANCE, FIRST AND SECOND READING AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND INDIANA & MICHIGAN ELECTRIC COMPANY The Ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion for suspen- sion of rules. Councilman Kroll seconded the motion. Motion lost by a roll call vote of 7 ayes, 1 nay, (Councilman Christman) 1 absent (Councilman Muszynski). Councilman Kroll then made a motion that the Ordinance be set for Public Hearing on August 10, 1959. Councilman Hahn seconded the motion. Motion carried. VVQnT TT?'inN WHEREAS, William A. Hahn, Councilman for the Fourth District of the Municipal City of South Bend, is cele- brating his seventieth birthday, this date, and WHEREAS, William A. Hahn has worked expetitiously, diligently and efficiently for and on behalf of the Municipal City of South Bend in his capacity of.Councilman, and WHEREAS, through his assistance and services on various committees in the Council, the tasks and duties of the Common Council and of the administration of the City of South Bend have been lessened considerably, and WHEREAS, the members of the administration of the City of South Bend, including the members of the Common Council, are indebted and grateful for these services which have been of benefit to the entire community, and WHEREAS, it is our desire to congratulate William A. Hahn on his seventieth birthday and to wish him many more years of health and happiness and to express our appreciation to him for the civic services performed on behalf of the community, NOW, THEREFORE, be it RESOLVED that William A. Hahn be and he is hereby congratulated on his seventieth birthday and it is further RESOLVED that this Council wish him many more years of service to the City of South Bend, and it is further RESOLVED that we express our appreciation and gratitude for the civil services performed by William A. Hahn. IT IS FURTHER RESOLVED that from and after the passage, attestation and signature by the Clerk and members of the Council, that this resolution become effective and a copy be delivered to William A. Hahn. JOSEPH T. KROLL JULIUS B. CHRISTMAN, JR. STANLEY C. KORPAL ALBERT TELLSON DATED this 13th day of July, 1959 Councilman Kroll made a motion for adoption of the Resolution. WALTER C. ERLER, SR. DONALD F. ERHARDT CHESTER E. MUSZYNSKI Councilman Erler seconded the motion. Motion carried Councilman Kroll made a motion that a Special Meeting be called on August 3, 1959, for first and second reading of the Budget and Tax Levy. Councilman Glass seconded the motion. Motion carried. There being no further business to come before the Council, Councilman Hahn made a motion to adjourn. Councilman T611son seconded the motion. Motion carried and the Regular Meeting of the Common Council adjourned at 11:30 P.M. ATTEST: APPROVED: (F CLERK ,.,PRESIDENT