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HomeMy WebLinkAbout11-09-53 Council Meeting Minutesttttttttttttt•• ttttttt• ttttttttttttttttt��tttttttt�ttetttttttttt�stttttttst�t• f •••••tt•�t•ttt•t•t•tt•tstattttt REGULkR MEETING NOVEMBER 9TH, 1953 Be it remembered that the Common Council of the City of South Bend met in regular session in the Council Chamber, Monday, November 9th, 1953, at 8:45 P.M., with all members present except Councilman Muszynski. President Erler presided. 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. Meeting of October 26th, 1953. WALTER C. ERLER SR. ) STANLEY C. KORPAL ) Committee we A. HAHN ) Councilman Glass made a motion that the report be accepted. Councilman Korpal seconded the motion. Motion carried. PETITION STATE OF INDIANA )_SS: CITY OF SOUTH BEND ) IN'THE MATTER OF THE REZONING OF LOT 177 AS SHOWN ON PETITION FOR REZONING THE :SECOND PIA T OF ROSELAND PARK, AN ADDITION TO SOUTH BEND. The undersi gaed property owners allege: 1• That they are the.owne rs in fee simple of the following described real estate situated in South Bend, St* Joseph County, Indiana: Lot Numbered 177 as shown in the recorded plat of the Second Plat of Roseland Park. 2. That said real estate is located on the South side of the 1500 block of Calvert Street. 3. That said real estate is presently zoned as "B" Use District and "A" Height and Area District. 4. That the-two lots immediately to the West of said real estate, comprising the Southeast corner of the intersection of Calvert Street and Twyyokenham'Drive, are presently zoned "A" Commeroial Use District and -Height and -Area District, -as is the entire block to the West of said property and the Northeast corner of said intersection,* 59 That said property could become more productive to petitioners and to the general public of this City if the zoning Were changad so that eommefeial uses might be made of said property. 6 That for the foregoing reasons petitioners request the rezoning of said property as "C" Use aistriot and "D" Height and Area District. (Continued) REGULAR MEETING (Continued) WHEREFORE, petitioners pray that the Plan Commission: FIRST: Enter upon an appropriate investigation of the matters presented hereby; SECOND: Conduct such public hearing as it may deem necessary; THIRD: Reach conclusions in conformity herewith; and FOURTH: Petition the Common Council for the amendment of Ordinance No. 3702 substantially inconformity with suggested form of Ordinance attached hereto and filed herewith. Earl W. Menzie Gertrude•Menzie JONES, OBENCHAIN & BUTLER ATTORNEYS FOR PETITIONERS. We, the undersigned owners of property in the immediate area affected by the above petition, hereby join with said petitioners and request that their petition be granted. Helen L. & Frank E. Munehoa: 1510 E. Calvert St, Lillian C. and Robert L. Newsom 1506 E. Calvert St. Councilman Hahn made a motion that the petition be referred to the City Plan Commission. Councilman Beetle seconded the motion. Motion carried. CONTRACT OF WLOYMENT BOARD OF PUBLIC WORKS AND SAFETY November 6, 1953 Mrs. Mayme DuMont City Clerk Dear Mrs. DuMont: Attached is Contract of Employment, referred to in the following excerpt from minutes of special meeting of the Board of Public works, held in this office at 3:40 F.M., Thursday, November 5, 1953. "The Board next took up the matter of Contract of Employment between the Board of Public Works and Safety, representing the City of South Bend, and Russell Co Kuehl, Attorney -at -law, as special counsel in all matters pertaining to the sewage disposal plant to be constructed in compliance with the order of thotream Pollution Control Board of the State of Indiana. Contract was approved, signed, and referred to theCommon Council% Very truly yours, 'WHC/o (Signed) ward H. Crothers CONTRACT OF EMPLOINENT This agreement made -and entered into this 5th day of November, 1953, by and between the City of South Bend, Indiana, by and through its Board of Public Works and Safety, hereinafter referred to as the City, and Russell C. Kuehl, Attorney at Law, of South Bend, Indiana, hereinafter referred to as the Attorney, WITNESSETH: WHEREAS, the Stream Pollution Control Board of the State of Indiana, acting under the provisions of Sections VIZ and VIII, Chapter 214, Acts of the General Assembly of Indiana of 1943, on the 14th day of December 1945 issued a final order to the City of South Bend, to cease polluting the streams and water courses -in and about said City and to provide sewage treatment works sufficient to correct and abate such pollution, and said Board is now demanding that the City install such works without further delay; ,and WHEREAS, the City, acting pursuant to the provisions of Chapter 61 of the Acts of .1932, and the -Acts amendatory thereof and supplemental thereto, has heretofore oaused to be prepared plans, specifications and estimates for the construction of said works, and WHEREAS, the estimated costs of said sewage works, intercepting sewers, river crossings, lift stations and appurtenances thereto is Nine Million Three Hundred Thousand 09,300,000.00) Dollars, said cost to b e- finamced by the issuance of revenue bonds payable solely from the revenue derived from the operation of said works, and WHEREAS, in the construction of said Sewage Treatment Plant and in the issuance of said revenue bonds, it will be necessary to retain legal counsel to prepare the proceedings relating to the authorization, issuance, and sale of said bonds in conformity with the Statutes of the State of Indiana now in existence, so as to render said bonds acceptable to investment houses and purchasers who may desire to bid Aeon the same, and to acquire lands, easements, and rights of way necessary for the location and construction of said Sewage Treatment Plant, as well as to perform all other legal duties in connection with the issuance of said bonds and the construction of said works, and WHEREAS, it is the desire of said City of South Bend to retain the services of Russell C. Kuehl, Attorney at Law, as Special Counsel in the performance of said legal duties, NOW, therefore, the City agrees to employ, and does employ, the said Russell Co Kuehl, as Special Counsel as herein provided, and the said Russell C. Kuehl, agrees to and does, accept said employment. (Continued) II REGULAR MEETING _ NOVEMBER 9TH, 1953 (Continued) Said Attorney shall prepare the proceedings relating to the authorization and issuance of said revenue bonds, and shall further, take all necessary and proper steps for the acquisition of lands, easements, and rights of way which may be required for the location and construction of said sewage works; and shall further, do and perform all other acts of a legal nature necessary and proper and required by the construction and financing of said sewage treatment works aAd shall, further, prepare all ordinances and documents necessary for the issuance and sale of said revenue bonds, advertising the said proceedings whenever necessary and proper for the letting of construction bids and the fixing of rates and the sale of said bonds. For the services of such Special Counsel, the City agrees to pay to the said Attorney a sum equal to Twenty -tiro Hundredths of one percent (22/100 of 1%) of the total amount of revenue bonds issued in said project, which sum shall be payment in the following manner: a. One -half (a) of said fee upon the sale of said bonds and receipt by the City of funds aocuring from said sale. b. One - half (2) of said fee upon the completion of said Attorney's duties as provided herein above. Further, that in addition to the above fee, said Attorney shall be reimbursed for reasonable expenses incurred such as, legal advertising, long distance telephone toll charges and mileage traveled. Given under our hands and seals this 5th day of November, 1953• CITY OF SOUTH BEND, INDIANA. BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY G. P. Ziegler card Member R. S. Andrysiak Board Member I. A. Hurwioh card Member Russell C. Kuehl pecial Uounsel Approved by Common Council of the City of South Bend, Indiana, this'9th day of November, 19539 " WALTER Co ERLER SR. residing UNIcer ATTEST: MAYME DUMOUT City Vlerk., _ Mary Viski SEAL Deputy Councilman Hahn made a motion that the Contract be approved. Councilman Glass seconded the motion. Motion carried by a roll call vote of 5 ayes (Councilmen Erler, Alford Bestle, Glass and Hahn) - 3 nays (Councilmen Korpal, Pinter and Niezgodski) - 1 absent (Councilman Muszynski5. 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 Section 36 of Chapter 29 of General Ordinance No. 3 709 known as the 1949 Municipal Code of the City of South Bend, Indiana by adding thereto a section to be known and designated as Section 36b ". Respectfully report that they have examined the matter and that in their opinion this ordinance be held up for further study. W. A. HAHN, Chairman Councilman Niezgodski,made a motion that the report be accepted. 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 amending Ordinance No. 3 702 commonly known as the Zoning Ordinance ". Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council unfavorable. W. A. HkHN, Chairman Councilman Niezgodski made a motion that the report be accepted. Councilman Beetle seconded the motion. Motion carried. REGULAR MEETING NOVEMBER 9TH, 1953 REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Ind. Gentlemen: Petition of Kenneth Y. Bateman et alo for change of zoning of the south half of Lot 14 in Samuel Corttrell's First Addition from `% "- ,residence and "B" height and area districts to "C" commercial and "D" height and area districts has been given public hearing before the City Plan Commission. This change is recommended as petitioned for. This property is on the north side of E. Colfax Ave. from Notre Dame Ave. to Frances Ste Yours truly, De Moomaw, Seoy• Attached hereto is written protest against this change. (25 signatures). Councilman Glass made a motion that the report be accepted. Councilman Bestle seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 ADOPTED JUNE 13, 1949,.AND COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND. (North side of E. Colfax Ave. from Notre Dame Ave, to Frances St.) The ordinance was given first reading by title and second reading in full. Councilmen Hahn made a motion that the ordinance be referred to the Committee of the Whole for public hearing on November 23rde Councilman Bestle seconded the motion. Motion carried* REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Ind.. Gentlemen:. Petition of Leo and Martha Ryback for change of zoning of Lots No. 20 and 21 in Elias Rupel's Addition from "E" height and area district to "F" height and area district was given public hearing before the City Plan Commission November 5, 19539 This change is recommended as petitioned for. No change in the - use district was 'asked for. Tk#ee lots are -on`'the west side of Brookfield St, in the first block south of Linoolnway West and are now occupied by greenhouses. Yours truly, D. Moomaw, Secy. Councilman Hahn made a motion that the report be acoeptede Councilman Bestle seconded the motion. Motion oarri ed. ORDINANCE N0. 3943 AN ORDINANCE AMENDING ORDINANCE Noe 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE. (West side.of Brookfield St* in the first block south of Iinoolnway West) The ordinance was given first reading by title and second reading in full* Councilman Korpal made a motion for suspension of rules. Councilman Niezgodski seconded the motion. Motion carried. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Muszynski). REPORT OF THE CITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE MONTH OF SEPTEMBER, 19539 Balance on hand first of month . . . . . 1,7490192.36 Receipts during month . 561,942.16 Disbursements . . 497,869.34 Balance . . . e . $ 1,813,265.18 Councilman Bestle made a motion that the report be accepted. Councilman Glass seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING SECTION 36 OF CHAPTER 29 OF GENERAL ORDINANCE N0. 3709 KNOWN AS THE 1949 MUNICIPAL COIF: OF THE CITY OF SOUTH BEND, INDIANA BY ADDING THERETO A SECTION TO BE KNOWN AND DESIGNATED AS SECTION 36b. The ordinance was not given third reading, but Councilman Glass made a motion that the ordinance be referred to a committee. Councilman Bestle seconded the motion. Motion carried. President Erler appointed members of the Traffic Committee, namely, Councilmen Glass, Erler, Hahn, Korpal and Niezgodski). �l �I REGULAR MEETING. _ NOVEMBER 9TH, 1953 ORDINANCE AN ORDINANCE AMENDING ORDINANCE N0. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE. (Lots on the north side of South Bend Ave., the second and third lots east of Burns St.) The ordinance was given third reading and lost by a roll call vote of 0 ayes 8 nays {Counoi3z='Erler, Ilford* $orpal, Pinter, Bestle, Niezgodski, Glass and Hahn) - 1 absent (Councilman Muszynski). ORDINANCE N0. 3944 AN ORDINANCE AMENDING SECTION 7 OF CHAPTER 4 OF GENERAL ORDINANCE : "N0. 3709 KNOWN AS THE 1949 MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. (Dog Ordinance) The ordinance was given -third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Muszynski). ORDINANCE .NO:• 9345 (AS AMENDED) AN ORDINANCE FOR SAFEGUARDING PERSONS AND PROPERTY AND PROMOTING THE WELFARE OF THE PUBLIC: CREATING THE OFFICE OF WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING AND VENTILATING INSPECTOR, HEREAFTER REFERRED TO AS THE INSPECTOR, AND PRESCRIBING HIS DUTIES: ESTABLISHING STANDARDS FOR WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING AND VENTILATING EQUIPMENT AND FOR ITS INSTALLATION AND REQUIRING CONFORMITY THEREWITH: MAKING IT UNLAWFUL TO UNDERTAKE THE INSTALLATION OF OIL AND GAS BURNERS, SPACE HEATERS, WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING OR VENTILATING EQUIPMENT WITHOUT A PERMIT THEREFORE, AND CREATING A WARM AM4HEATING,, RESIDENTIAL AIR CONDITIONING AND VENTILATING EXAMINATION BOAR AND A BOARD OF REVIEW AND PRESCRIBING THEIR DUTIES: PROV!bTNG FOR =E LICENSING OF PERSONS, FIRMS AND CORPORATIONS UNDER- TAKING THE SALE OR INSTALLATION OF WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING AND VENTILATING EQUIPMENT AND WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING, AND VENTILATING CONTRACTORS AND DEALERS IN WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING AND VENTILATING EQUIPMENT AND MAKING IT UNLAWFUL TO UNDERTAKE THE SALE OR INSTALLATION OF WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING AND VENTILATING EQUIPMENT WITHOUT A LICENSE EXCEPT AS OTHERWISE PROVIDED: PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Counoilman Muszynski). ORDINANCE AN ORDINANCE TRANSFERRING FUNDS FROM FIRE DEPARTMENT Q -11- SERVICES PERSONAL $1,230.00 TO FIRE DEPARTMENT Q -222 GAS ' $230.00 AND Q -252 REPAIRS OF EQUIPMENT $1,000.00 ALL OF THE BUDGET FOR 1953 OF THE CIVIL CITY OF SOUTH BEND, INDIANA AND DECLARING AN EMERGENCY. The ordinance was given first reading by title and second reading in full. Councilman Bestle made a motion that the ordinance be referred to the Committee of the Whole for public hearing on November 23rd. Councilman, Hahn seconded the motion. Motion carried. There being no further business before the Councilman Hahn made a motion to adjourn, which motion was seconded by Councilman Glass. Motion carried, and Council adjourned at 10=00 P.M. ATTEST: CLERK - DEPUT APPROVED: PRESIDENT