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HomeMy WebLinkAbout09-27-48 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chamber, September 27th, 1948, at 8:05 P.M. with all members present. President Niezgodski presided. The reading of the minutes of the previous meeting was waived. PET_ ITION To the Honorable Common Council City of South Bend, Indiana Gentlemens September 25th, 1948 The undersigned owners of Lot No. 2 and all lots adjacent thereto in the Citizens Homes Company Replat of Lots #3, #4, #21 and #22 of the Recorded Plat of walnut 4th Addition to the City of South Bend, Indiana, respectfully petition your Honorable Body to change the zone of said Lot #2 from the presently established 14, Residential zone to C. Commercial zone. Respectfully submitted, THE CITIZENS HOMES COMPANY BV Chester A. Perkins, President Walter Co Runkle, Secretary Edward E. Perkins and Mae Perkins Councilman Erler made a motion that the petition be referred to the City Plan Commission. Councilman Bestle secondedghe motion. Motion carried. REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen, September 17, 1948 The accompanying petition for change of zoning classification of property on South side of Mishawaka Ave„ between 27th and 28th St. from IB" Height and Area District to "E" Height and Area District has been recommended by t* City Plan Commission at their regular meeting September 2nd, 1948 as shoes by letter of September 3, 1948. This petition has been returned to the City Plan Commission by the Council, but no further action by the Commission is required and it is ready for consideration by the Council. D. MOONAW, SEC'Y. Councilman Erler made a motion that the report be placed on file. Councilman Kemper seconded the motion. Notion carried. REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: T.. September 17, 1948 The accompanying ordinance for zoning territory that was annexed to the City by annexation ordinances 3601 and 3602 originated in the City Plan CommAssion as provided by statute. It.came before the Council only after it had been recommended for enactment and no further action by the Commission is required. The zones provided in this ordinance are in agreement with the recorded restrictions provided by the platters when these additions were laid out. The small area 104.28 feet by 208.56 feet at the N.E. corner of Edison Park is not a part of the Edison Park Iddition but it was included in the annexation - ordinance and hence mast be included in the ordinance for zonings D. MOOMAW, SEC'Y, Councilman Korpal made a motion that.the report be placed on file. Councilman Erler seconded the motion. Notion carried. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bends September 27, 1948 Your Committee of the Whole to whom was referred '"An ordinance of the City of South Bend, Indiana, appropriati: the sum of One Million Dollars ($1,000,000.00) to be applied on the cost of construction and improvement of sewers, and expenses incurred in connection therewith". Respectfully report that they have examinecAhe matter and that in their opinion this ordinance shall go to the Council as favorable, and that the notices of postings be placed on file. STANLEY Co KORPAL, Chairman Councilman Tellson made a motion to accept the report. Councilman Glass seconded the motion,. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: September 27, 1948 Your Committee of the Whole to whom was referred "An ordinance transferring the sum of One Hundred Eighty ($180.00) Dollars from Account Number M -215, Transportation, Building :Department to Account Number M -216, Traveling Expenses, Building Department, and Declaring an Extraordinary Emergency, Respectfully report that they have examined the matter and that in their opinion this ordinance shall go to the Council as favorable. STANLEY Ct KORPAL, Chairman Councilman Glass made "a motion to accept the report. counoilman Beetle seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the city of South Bend: September 27,1948 Your Committee of the Whole to whom was referred "An ordinance amending Section 1 of Ordinance No. 3359 to provide for the rate of fares for taxicabs*. Respectfully report that they have examined the matter and that in their opinion this ordinance shall go to the Council as favorable with the amendment that a semi -colon be inserted after the phrase "before the trip is begun ;". STANLEY Co KOMPAL, Chairman Councilman Kemper made a motion to accept the report. Councilman Erler seconded the motion.. Motion.oarried• ORDINANCE AN ORDINANCE APPROPRIATING FROM THE GENERAL STREET AND TRAFFIC FUND OF THE CITY OF SOUTH BEND, INDIANA, OF THE FOLLOWING AMOUNT TO THE FOLLOWIM INDICATED ACCOUNT OF THE 1948 BUDGETS STREET DEPARTMENT, S -711, PROPERTIES, $70,000.00, AND DECLARING AN EXTRAORDINARY EMERGENCY. The ordinance was given first reading by title and second reading in full. Councilman Korpal made a motion that the ordinance be referred to the Committee of the Whole for Public Hearing on October 11th, 19489 at 8:00 P.M. Councilman Kemper seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE N0. 3571 ENTITLED AN ORDINANCE REGULATING METHODS OF DESIGN AND INSTALLATION OF WARM AIR, WINTER AIR. CONDITIONING SYSTEMS AND OF GRAVITY WARM AIR HEATING SYSTEMS AND REGULATING THE ALTERATION,. REPAIR, REMODELING AND REPIACEMENF OF SUCH SYSTEMS OR PARTS OF SYSTEMS IN BUILDINGS OF THE CITY OF"SOUTH BEND, INDIANA: PROVIDING PENALTIES FOR THE VIOLATION HEREOF: REPEALING ANY AND ALL ORDINANCES IN CONFLICT THEREWITH. The ordinance was given first reading by.title and second reading in full. Councilman Muszynski made a motion that the ordinance be referred to the Committee of the Whole for Public Hearing on October 11th, 19489.at 8s00 P.M. Councilman Erler seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING SECTIONS 4 AND 7 OF ORDINANCE NO. 1761, ADOPTED FEBRUARY 22, 19159 THE SAME BEING ENTITLED "AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF LIGHTS AND GUARDS AT PLACES WHERE STREETS ARE BEING EXCAVATED OR OBSTRUCTED" AND AMENDING THE TITLE THEREOF. The ordinance walegiven first reading by title and second reading in full. Councilman Korpal made a motion that the ordinan e7referred to the Committee of the 'Whole for Public Hearing on October llth, 19480 at 8 :00 P.M. Councilman Tellson seconded the motion. Motion carried. ORDINANCE NO. 3662 AN ORDINANCE TRANSFERRING THE SUM OF ONE HUNDRED EIGHTY ($180.00) DOLLARS FROM ACCOUNT NUMBER M -2150 TRANSPORTATION, BUILDING DEPARTMENT TO ACCOUNT NUMBER M -216, TRAVELING EXPENSES, BUILDING DEPARTMENT, AND DECLARING AN EXTRAORDINARY EMERGENCY. The ordinance was given third reading and- passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE N0. 3663 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE N0. 3359 TO PROVIDE FOR THE RATE OF FARES FOR TAXICABS. - The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE N0. 3664 AN ORDINANCE AMENDING ORDINANCE N0. 2331, PASSED BY THE COMMON COUNCIL JUNE 25, 1923 AND COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. The ordinance was given first reading by title and second reading in full. Councilman Korpal made a motion for suspension of rules. Councilman Tellson seconded the motion. Motion carried by a roll call vote of 8 ayes 0 nays. The ordinance was given third reading'and passed by a roll call vote of 8 ayes - 0 nays. RESOLUTION WHEREAS;- the-ftty of South Bend, Indiana, has been subjected to great property loss, damage, inconvenience, and injury to the health of the citizens of said city by reason of the smoke nuisance, and WHEREAS, due to the increased growth of the City the only method by which said smoke nuisance can be abated and the `City of South Bend be relieved from the injury and damage attended thereon is through s study of the present ordinance with a view to making such amendmente'that are necessary to facilitate the enforcement of this ordinance, WHEREASs mpW— _other cities in the United States have solved the problem of obtaining relief from the smoke nuisance by the adoption of regulatory measures providing penalties for the violation thereof covering the installation and operation of fuel burning equipment; NOW THEREFORE BE IT RESOLVED by the Common Council of the Dity of South Bend, Indiana, that a committee be appointed to work in conjunction with the City Attorney and Building Commissioner to make a study of the present ordinance with a view to amendments of the present smoke ordinance to conform to the foregoing resolutions. (Signed)- WALTER C. ERLER Councilman Glass made a motion to adopt the resolution, and that Councilman Erler be appointed as chairman of committee on smoke nuisance with all members of the Council to serve on the committee. Councilman Tellson seconded the motion. Motion carried. REGULAR ME]MM ' RESOLUTION iliBERBAS, the proper legal officers of the Civil City of South Bend, Indiana, after giving thoughtful and conprehensive consideration of the needs of the several offices, departments, and commission of said City have formulated an appropriate itemized budget for each of the several offices, departments, . and commissions for the year 1949 for the functioning of an efficient and economic administration of goverment for the welfare and safety of the citizens of said City; and WHEREAS, legal notices of the proposed budgets and tax levy rates were duly published as required by law= and WHEREAS, a public hearing was held by the Common Council of the City of South Bend, Indiana, upon said budgets and tax levy rates in accordance with the provisions of law governing adoption of annual budget and tax rate levies; and WHERM, following the aforesaid public hearing, the Common Council of the City of South Bend, Indiana, after giving studious considerations to the needs of the Civil City of South Bend, and the expressions of the taxpayers at said public hearing unanimously adopted the proposed budget and tax rate levy; and VMEREAS, the Tax Adjustment Board of +fit. Joseph County has wade drastic reductions in the aforementioned South Bend Civil City budget and tax rate levy for the year 1949; and WEI S, said reductions if permitted to stand, will cause irreparable damage to the welfare and safety of the citizens of South Bend, Indiana; now, therefore BE IT RESCUED by the Common Council of the City of South Bend, Indiana, that appropriate proceedings be forth- with instituted before the Indiana State Board of Tax Commissioners with the view of restoration of the 1949 South Bend civil budget and tax rate levy as originally adopted and f ixed by the Common Council of said City; and BE IT FURTHER' RESOLVED, that the Mayor of the City of South Bend, Indiana,- and the President of the Common Council of said City, are hereby authorized and directed to sign a petition appealing the aforesaid action of the Tax Ad justment Board of Ste Joseph County, to the Indiana State Board of Tax Commissioners,, and r BE IT FURTHER RESOLVED, that a certified copy Of this Resolution be attached to and be a part of sais*etition of appeal to the State Board of Tax Coned ss ioners, (signed) A. Hem er er of he Common Vounall Councilman Erler made a motion to adopt the `Resolution. Councilman Korpal seconded the motion. Motion carried. ORDINANCE NOe- 3661 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATIAG THE SUM OF ONE MILLION DOLLARS 01,000,000.00) TO BE APPLIED ON THE COST OF CONSTRUCTION AND IWROVEMENT OF SE! RS, AND EXPENSES INCURRED IN CONVECTION THERRE fITHe The :City Clerk,pr!}sented to the Council proofs of publication and posting of the notice of the public hearing on'Tthe appropriation proposed to _be made for the purpose of paying the cost of construction and improvement of sewers in the City referred to in Ordinance Noe 3661 adopted by the Council on 13th of September, 1949,showing that said notice had been published and posted at least ten (10) days prior to this date, On motion duly madet seconded and unanimously carried. saidkroofs of publication and posting were approved. The Committee of the Whole reported on Ordinance No. 3661 entitled "An Ordinance of the City of South Bend, Indiana, appropriating the sum of One Villion Dollars ($1.,000,000,00) to be applied on the cost 'of construction and improvement of sewers and expenses incurred in connection therewith'% and recommended that said ordinance be passed as introduced. The presiding officer them announced that the Council was ready to hear all taxpayers interested on the question of the necessity for the appropriation provided for in said ordinance* After hearing all taxpayers desiring to be heard on said ordinance Councilman Korpal moved that Ordinance loo, 3661 be read a third time in full and placed upon its final passage. This motion was seconded by Councilman Tellson and unanimously carried. The Clerk then read Ordinance Noe 3661 in full and Councilman Korpal moved that the ordinance be adopted as read. This motion was seconded by COuncilmap Tellson and on call of the roll was passed on the following votes Ayers Councilmen Clem Niezgodski, Stanley Korpal, Albert Tellson, Cloyd Bestle, halter Glass, Alvin Kemper, IPalter Erler and Chester Muszynski. Nays: The presiding officer declared said ordinance to have been duly passed and adopted. There being no further business presented, on motion duly made, seconded and unanimously carried, the meeting thereupon adjourned. ATTESTS APPROVED$