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HomeMy WebLinkAbout12-14-59 Council Meeting MinutesREGULAR MEETING DECEMBER 14, 1959 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers on Monday, December 14, 1959, at 9:06 P.M..', with.all_members present— -The meeting was called to order by President Stanley C. Korpal, President, 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. Stanley C. Korpal Julius B. Christman, Jr.: Committee Donald F. Erhardt South Bend, Inc., December 14, 1959. Councilman Hahn made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. PETITION Petition of Place and Company, et al, to annex approximately 119.22 acres of land at Ireland and Miami. Councilman Kroll made a motion that the petition be referred to the City Planning Commission. Councilman Hahn s 166 REGULAR MEETING seconded the motion. Motion carried. PETITION Petition of Edward and Virginia Buszkiewicz to rezone land on North Ironwood Drive from A to C. DECEMBER 14, 1959. Councilman Muszynski made a motion that the petition be referred to the City Planning Commission. Councilman Erhardt seconded the motion. Motion carried. CONTROLLER'S REPORT FOR THE MONTH OF OCTOBER,-,1959 Balance on Hand October 1, 1959 ------------------------------------------------------------------------- $2,490,087.13 Receipts during Month ----------------------------------------------------------------------------------- $1,000,689.49 Disbursements during Month -------- ------------------------------------------------- --------------------- $ 954,080.63 Balance on Hand November 1, 1959-------------------------------------------------- ---------------- - - - - -- $2,536,695.99 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Glass 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 SECTIONS 6, 7. 8, 9, THE LAST PARAGRAPH OF SECTION 11, AND SECTION 14 OF ORDINANCE NO. 3644, ENTITLED "AN ORDINANCE RELATING TO TRAFFIC AND REGULATING THE USE OF THE STREETS AND HIGHWAYS OF THE CITY OF SOUTH BEND, INDIANA; CREATING AND DEFINGING PARKING METER ZONES; PROVIDING FOR THE DESIGNATION OF INDIVIDUAL PARKING SPACES; DEFINING AND PROVIDING FOR THE INSTALLATION, OPERATION AND MAIN- TENANCE, PURCHASE, LEASING, USE, SERVICING, REPAIR, REPLACEMENT, ACQUIRING AND REGULATION OF PARKING METERS; PRESCRIB- ING PARKING TIME LIMITS; REQUIRING DEPOSITS OF COINS FOR THE USE OF PARKING METERS AND PARKING METER ZONES AND PRO- VIDING FOR THE COLLECTION AND DISPOSITION OF SUCH COINS; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR THE ENFORCE- MENT THEREOF; DEFINING OFFENSES AND PRESCRIBING PENALTIES; AND PROVIDING THAT THE INVALIDITY OF PART SHALL NOT AFFECT THE VALIDITY OF THE REMAINDER OF ORDINANCE" PASSED JUNE 7, 1948, ALSO KNOWN AS SECTIONS 54, 57, 58 and 59 OF CHAPTER 29 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1949, GENERAL ORDINANCE NO. 3709. Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ Joseph T. Kroll, Chairman December 14, 1959. Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Erhardt 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 SECTION 24 AND PARAGRAPH 4 OF SECTION 25 OF ARTICLE V OR ORDINANCE NO. 3200 AS AMENDED, ENTITLED "ORDINANCE PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE REGULATIONS GOVERNING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF SOUTH BEND ESTABLISHING A CITY TRAFFIC ENGINEER AND SETTING FORTH HIS DUTIES, ALSO ESTABLISHING A TRAFFIC BUREAU AND SETTING FORTH THE MEMBERSHIP AND DUTIES OF SUCH BUREAU AND REPEALING SUCH PARTS OF ORDINANCES THAT MAY BE IN CONFLICT HEREWITH ONLY INSOFAR AS THEY CONFLICT AND SUPPLEMENTING THE TRAFFIC ORDINANCES, BUT IN NO WAY REPEALING THE INTENT OR PURPOSES OF SAID ORDINANCES" PASSED FEBRUARY 8, 1937, ALSO KNOWN AS CHAPTER 29, SECTION 16 and SUBSECTION (c) OF SECTION 17 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1949, GENERAL ORDINANCE NO. 3709, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. Js/ Joseph T. Kroll, Chairman. December 14, 1959. Councilman Muszynski 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 FOR ADDITIONAL APPROPRIATION IN GENERAL STREET IMPROVEMENT FUND $130,000.00, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ Joseph T. Kroll, Chairman December 14, 1959. Councilman Hahn made a motion that the report be accepted and placed on file. Councilman Christman seconded the motion. Motion carried. ORDINANCE NO. 4289 AN ORDINANCE TO AMEND SECTIONS 6, 7, 8, 9, the LAST PARAGRAPH OF SECTION 11, AND SECTION 14 OF ORDINANCE NO. 3644, ENTITLED "AN ORDINANCE RELATING TO TRAFFIC AND REGULATING THE USE OF THE STREETS AND HIGHWAYS OF THE CITY OF SOUTH BEND, INDIANA; CREATING AND DEFINGING PARKING METER ZONES; PROVIDING FOR THE DESIGNATION OF INDIVIDUAL PARKING SPACES; DEFINING AND PROVIDING FOR THE INSTALLATION, OPERATION AND MAINTENANCE, PURCHASE, LEASING, USE, SERVICING, REPAIR, REPLACEMENT, ACQUIRING AND REGULATION OF PARKING METERS; PRESCRIBING PARKING TIME LIMITS; REQUIRING DEPOSITS OF COINS FOR THE USE OF PARKING METERS AND PARKING METER ZONES AND PROVIDING FOR THE COLLECTION AND DISPOSITION OF SUCH COINS; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR THE ENFORCEMENT THEREOF; DEFINING OFFENSES AND PRESCRIB- ING PENALTIES; AND PROVIDING THAT THE INVALIDITY OF PART SHALL NOT AFFECT THE VALIDITY OF THE REMAINDER OF ORDINANCE" PASSED JUNE 7, 1948, ALSO KNOWN AS SECTIONS 54, 57, 58 and 59 OF CHAPTER 29 OF THE MUNICIPAL CODE OF THE CITY OF SOUT BEND, INDIANA, 1949, GENERAL ORDINANCE NO. 3709. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays. ORDINANCE NO. 4290 AN ORDINANCE TO AMEND SECTION 24 AND PARAGRAPH 4 OF SECTION 25 OF ARTICLE V OF ORDINANCE NO. 3200 AS AMENDED I� ENTITLED "ORDINANCE PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE REGULATIONS GOVERNING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF SOUTH BEND, ESTABLISHING A CITY TRAFFIC ENGINEER AND SETTING FORTH HIS DUTIES, ALSO ESTABLISHING A TRAFFIC BUREAU AND SETTING FORTH THE MEMBERSHIP AND DUTIES OF SUCH BUREAU AND REPEALING SUCH PARTS OF ORDINANCES THAT MAY BE IN CONFLICT HEREWITH ONLY INSOFAR AS THEY CONFLICT AND SUPPLE- MENTING THE TRAFFIC ORDINANCES, BUT IN NO WAY REPEALING THE INTENT OR PURPOSES OF SAID ORDINANCES` PASSED FEBRUARY 8, 1937, ALSO KNOWN AS CHAPTER 29, SECTION 16 AND SUB - SECTION (c) OF SECTION 17 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1949, GENERAL ORDINANCE NO. 3709. The Ordinance was given third reading and passed by a roll call vote of 5 ayes, (Councilmen Korpal, Erhardt, Tellson Kroll and Muszynski), 4 nays (Councilmen Christman, Glass, Hahn and Erler). ORDINANCE NO. 4291 AN ORDINANCE FOR ADDITIONAL APPROPRIATION IN GENERAL STREET IMPROVEMENT FUND $130,000.00 The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: December 11, 1958 The attached petition of Harvey S. Cover to rezone the property lying at the southwest intersection of Chippewa Avenue and Main Street, containing 7 acres, more or less, from "B" Residential Use District and "A "Height and Area District to "E" Heavy Industrial Use District and "F" Height and Area District was legally advertised on November 24, 1959 and given public hearing under date of December 3, 1959. The following action was taken: After due consideration it was moved, seconded and unanimously carried that the petition be recommended favorably to the Common Council. RLH /mah Attach. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff (mah) Robert L. Huff, Director - Secretary Councilman Kroll made a motion that ttre report be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. ORDINANCE NO. 4292 AN ORDINANCE AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (Chippewa and Main) The Ordinance was given first reading by title and second reading in full. Councilman Erler made a motion for suspension 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. COMMUNICATION December 11, 1959 South Bend Common Council St. Joseph County Council Board of County Commissioners of St. Joseph County Gentlemen: This Association realizes you are again being asked to decide this week on the creation of a City - County Building Authority. The public hearings have revealed the many reasons why such an Authority appears objectionable to so many organizations and individual citizens (over 2600 of whom signed a remonstrance opposing its creation). The Public hearings have not revealed any data, plans or intentions which support the creation of an Authority and we feel you should weigh seriously this fact. It is amazing that such a major decision is asked of you without ex- plaining why. No public official should choose to adopt such a costly action without having reasons very carefully presented to him and to the public. Furthermore officials have not presented statistics on financial affairs or the legal status of the Authority at thes hearings. No official has presented building plans, cost estimates or time table of needs. These are just a few of the facts that are still needed. We appeal to you to take your action only after responsible officials as well as organizations and citizens who favor) this method of financing improvements have informed you and the public of the need, and why an Authority is the only (I answer. Very truly, SOUTH BEND CIVIC PLANNING ASSN. INC. /s/ Karl D. Jahnke Karl D. Jahnke, President Councilman Kroll made a motion that the communication be accepted and placed on file. Councilman Christman seconded the motion. Motion carried. RESOLUTION RESOLU'T'ION AUTHORIZING CERTAIN PAYMENTS TO BE MADE TO SALARIED EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA WHEREAS, the City of South Bend, Indiana, is approaching the close of its fiscal year; end, WHEREAS, the office of the City Controller will be required to make numerous payments and close its numerous and complicated accounts; and, WHEREAS, it is desirable that the work of said office be simplified; NOW, THEREFORE, BE IT RESOLVED by the Common. Council of the City of South Bend, Indiana: SECTION I: That all salaried officers and employees of the City shall be paid their salaries for the month of December, 1959, on the 19th day of December, 1959. SECTION 11: The Controller of the City of South Bend is hereby authorized to make said salary payments upon said date. SECTION III: This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s/ Chester E. Muszynski MEMBER OF THE COMMON COUNCIL DATEDL December 14, 1959. The Resolution was adopted by a roll call vote of 9 ayes, 0 nays. RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WHEREAS, The Board of Commissioners of-the County of St. Joseph, the St. Joseph County Council and the Common Council of the City of South Bend, Indiana, have heretofore agreed to hold a public hearing on and consider the creation of a building authority to be known as the "South Bend -St. Joseph County Building Authority" and WHEREAS, pursuant to said agreement and publication of notice a public hearing was conducted by the said Commissioners, the Councilmen of the County, and the Councilmen of the City, on October 20, 1959, and WHEREAS, the Commissioners, the Councilmen of the County, and the Councilmen of the City aforesaid have agreed upon a concurrent resolution to be separately submitted to The Board of Commissioners of the County of St. Joseph, the St. Joseph County Council and the Common Council of the City of South Bend, Indiana, said City of South Bend constituting the county seat of St. Joseph County, Indiana, NOW, THEREFORE, be it resolved by the Common Council of the City of South Bend that it is the sense of sa Common Council of the City of South Bend and said Common Council of the City of South Bend now and hereby declares that there is a need for a building authority to be known as "South Bend - St..Joseph County Building Authority` as provided for and in accordance with and pursuant to Chapter 54 of the Acts of 1953 Indiana General Assembly and all acts amendatory thereof and supplemental thereto, and that there shall be created such authority as by said act provided, and Be it further resolved that this resolution is intended to be and is and shall be construed to be concurre with any resolutions of similar import adopted by The Board of Commissioners of the County of St. Joseph and the St. Joseph County Council, and Be it further resolved that a copy of this resolution certified by the affidavit of the'Clerk of the City of South Bend as by said act required, shall be filed in the office of the Recorder of St. Joseph County for recording in the Miscellaneous Records of said county.. Done this 14th day of December, 1959. /s/ Joseph T. Kroll Councilman Muszynski made a motion for adoption of the Resolution. Councilman Hahn seconded the motion. Motion carried. There being no further business to come before the Common Council, Councilman Hahn made a motion to adjourn. Councilman Muszynski seconded the motion. Motion carried and the Regular Meeting of the Common Council adjourned at 10:12 P.M. ATTEST: APPROVED: CLERK PRESIDENT