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Home My WebLink About03-25-63 Council Meeting MinutesMARCH 25, 1963 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers on Monday, March 25, 1963, at 9:20 P.M., with all members present. The meeting was called to order by President Joseph T. Kroll, who presided. ROLL CALL PRESENT: Councilmen Kroll, Allen, Ladewski, Tellson, Coleman, Glass, Krueper and Muszynski. ABSENT: None. 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/ Joseph T. Kroll /s/ T. W. Lehman Committee /s/ Albert Tellson South Bend, Ind., March 25, 1963 Minutes of Meeting of March 11, 1963 Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. PETITION Petition to zone 37.8 acres of recently annexed land -- -Crest Manor. Councilman Lehman made a motion that the petition be referred to the City Planning Commission. Councilman Glass seconded the motion. Motion carried. PETITION Petition to rezone Lots 1 through 60 in Crest View Place. Councilman Muszynski made a motion that the petition be referred to the City Planning Commission. Councilman Lehman seconded the motion. Motion carried. PETITION Petition to annex the southeast corner of Jackson and York Roads. Councilman Glass made a motion that the petition be referred to the City Planning Commission. Councilman Lehman seconded the motion. Motion carried. a \li�'L LiCla\ a'iLLY Y1vv REPORT OF BOARD OF PUBLIC WORKS AND SAFETY To Members of the Common Council South Bend, Indiana Gentlemen: March 22, 1963 A Special meeting of the Board of Public Safety was held on Wednesday, March 13, 1963, at 10:15 A.M., at the direction of the Common Council and Mr. Irving J. Smith, City Attorney and Board Chairman. COMPLAINT: EXCESSIVE COAL DUST - ROSE COAL & FUEL COMPANY Besides members of the Board, representatives from the St. Joseph County Board of Health, State Board of Health, representatives of Rose Coal & Fuel Company and attorneys, Mrs. Freda Novle, City Clerk, Mr. Chester Muszynski, Councilman of the 6th district and Mr. Norman Kopek, Assistant City Attorney were present. Several interested residents in the area effected by the coal dust were present to testify to conditions in the neighborhood. Councilman Muszynski stated that last October Mr. Rose had promised that he would do something to help on the dust problem but nothing has been done. Mr. Jay Rose and his attorney, Mr. Nicholas Cholis, stated that they will conduct some :investigation and would do something to help. The area is zoned heavy industrial. Mr. Rose stated that the Rose Coal and Fuel Company has followed the rules of the trade and that the coal must be oiled and'that has been done. According to Mr. Rose, the coal is oiled at the mines where it is prepared and is in accordance with government specifications. Remonstrators claim the excessive dust is a health hazard and nuisance. Mr. Kopec stated that South Bend does not have an air - pollution ordinance and no standard upon which to determine what is a health hazard. Mr. Dean High, Chairman of the Indiana Air Pollution Service was contacted with the request to send somebody who is familiar with the air pollution problem to South Bend to investigate the matter. A representative of the State Board of Health, Mr. Hoerstman, Chemical Engineer, attended the meeting but had not b able, at this time, to furnish any information. After hearing all who wished to be heard, Mr. Kopec advised those present that the Board of Public Safety has gone as far as it can go and that it is now up to the people to proceed by taking action with the Prosecutor. At the regular meeting of the Board of Public Safety on Monday, March 18, 1963, Councilman Muszynski appeared before the Board as did Councilman -at -Large J. Chester Allen. Councilman Allen suggested that, instead of considering this excessive coal dust as a health hazard, it be consider- ed as a public nuisance. After hearing Councilman Muszynski and Councilman Allen, it was the decision of the Board that Mr. Irving J. Smith meet with Mr. Kopec with reference to this complaint. Respectfully submitted, /s/ Anthony J. Sabo Anthony J. Sabo, Clerk Board of Public Works & Safety ES Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motion. Motion carried. REPORT OF HOUSING AUTHORITY -- ANNUAL Pursuant to the Housing Authorities Act Chapter 207, Acts 1937, as amended, which sais in part: "At Least once a year, an Authority shall file with the Clerk a report of its activities for the proceeding (preceding) year... Albert M. Shulman, Chairman of the Local Housing Authority, filed the Annual Report of the Housing Authority. Upon motion of Councilman Lehman, Seconded by Councilman Muszynski, and unanimously carried, the report was accepted and placed on file. 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 AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, (Land between Lincolnway West and Crumstown Avenue), Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. March 25, 1963 /s/ T. W. Lehman, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Lehman 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 AND SUPPLEMENTING ZONING ORDINANCE N0. 3702, AS AMENDED (Land along the West side of Arnold Street), Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. March 25, 1963 /s/ T. W. Lehman, Chairman Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Muszynski 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 AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, (Land on Sheridan between Lincolnway West and Crumstown Avenue), Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ T. W. Lehman, Chairman March 25, 196 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Lehman seconded the motion. Motion carried. 547 REGULAR MEETING MARCH 25, 1963 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 TIME CITY OF SOUTH BEND, INDIANA, AS AMENDED, Respectfully report that they have examined.'the matter and that in their opinion IT SHOULD BE referred to Ordinance Committee with report in two weeks. /s/ T. W. Lehman, Chairman March 25, 1963 Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Muszynski 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 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, 1964 AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ T. W. Lehman, Chairman March 25, 1963 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Lehman seconded the motion. Motion carried. ORDINANCE NO. 4565 - - -63 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Land lying between Lincolnway West and Crumstown Avenue) The Ordinance was given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE NO. 4566 - - -63 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS AMENDED (Land along the West side of Arnold Street) The Ordinance was given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE NO. 4567 - - -63 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Land on Sheridan between Lincolnway and Crumstown Ave.) The Ordinance was given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE NO. 4568 - - -63 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, 1964 AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT The Ordinance was given third reading and passed by a roll call vote of 8 ayes, (Councilmen Kroll, Allen, Ladewski, Tellson, Coleman, Krueper, Lehman and Muszynski), 1 nay (Councilman Glass). ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4381 - - -61, AND COMMONLY KNOWN AS THE BUILDING CODE FOR THE CIVIL CITY OF SOUTH BEND, INDIANA The Ordinance was given first reading by title and second reading in full. Councilman Lehman made a motion that the Ordinance be set for public hearing on April 4, 1963. Councilman Muszynski seconded the motion. Motion carried. OLD BUSINESS Councilman Muszynski again directed the attention of the Council to the complaints about coal -dust on Harris Street. Councilman Allen moved "That we, as a body, the Common Council of the City of South Bend, do go on record as being heartily in sympathy with the people of this area because of the discomfort claimed by them because of the loading and unloading of the coal, and that the sentiments of this body be transmitted by the Clerk to the Board of Public Works and Safety, for the purpose of eliminating this nuisance by the Board of Public Works and Safety referring to Chapter 13, Section 4, of the Municipal Code of the City of South Bend, Indiana." Councilman Coleman seconded the motion. Motion carried. There being no further business to come before the Regular Meeting of the Common Council, Councilman Lehman made a motion to adjourn. Councilman Glass seconded the motion. Motion carried and the Regular Meeting of the Common Counc� adjourned at 9:59 P.M. j ATTEST: APPROVED: CLERK ,r PRESIDENT