HomeMy WebLinkAbout03-22-54 Council Meeting MinutesREGULAR MEETING
MARCH 22ND, 1954
Be it remembered that the Common Council of the City of South Bend met in regular session in the Council Chamber,
Monday, March 22nd, 1954, at 8133 P.V., with all members present. President Erler presided.
REPORT OF COMMITTEE ON MINUTES
To the Common Council of the City of South Bendt
F
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 March 8th and Special Meeting of March 15th, 1954o
Councilman Gloss made a motion that the report be accepted.
carried.
COMMUNICATION
WALTER C. ERLER SR. )
STANLEY C. KORPAL ) Committee
W. A. HAHN )
Councilman Muszynski seconded the motion. Motion
(Communications from Senators Capehart and Jenner relative to postponigg indefinitely the disposition
of the housing projects in South Bend)
Councilman Niezgodski made a motion that the communications be accepted. Councilman Korpal seconded the motion.
Motion carried.
PETITION
of Farris & Julia Aekil and John Borggowski
(Petition %to rezone Lot Nos. 2., 3 and 4 in Lincoln Manor Second Addition)
Councilman Hahn made a motion that the petition be referred to the City Plan Commission. Councilman Korpal
seconded the motion. Motion oarried.
PETITION
(Petition of 0.t. Joseph Cemetery & Undertaking Association to rezone Lots No. 1075 and 1076 in
Third Plat Summit Place and Lot No* 1130 i12 Fourth Plat Summit Place Addition)*
Councilman Korpal made a motion that the petition be referred to the City Plan Commission. Councilman Hahn
seconded the mot ion. Motion carried.
q59
MEETING
PETITION
(Petition of National Milk Company to rezone Lots No. 20 and 21, Beyer's Second Addition)
MARCH 22ND, 1954
Councilman Niezgodski made a motion that the petition be referred to the City Plan Commission. Councilman Bestle
seconded the motion. Motion carried.
PETITION
(Petition of John D., Eleanor H., Claude R• and Ann M. Campbell to rezone 98 feet taken off of the
entire East End of Lot No. 6, as shown on the redorded plat of Hibberd Place).
Councilman Glass made a motion that the petition be referred to the City Plan Commission. Councilman Muszynski
seconded the motion. Motion carried.
PETITION
(Petition of Kreamo Bakers Inc. to rezone Lot Nos. 19 2 and 3 and the vacated -alley between Lots
1, 2 and 3, and 17, in Elias Rupelts Addition, also a change in zoning of Lot No. 17 in Elias
Rupelts Addition).
Councilman Korpal made a_ motion that the petition be referred to the City Plan Commission. Councilman Niezgodski
seconded the motion* Motion carried.
REPORT OF CITY-CONTROLLER OF THE CITY OF SOUTH BEN?li, INDIANA, FOR THE MONTH OF FEBRUARY, 1954.
Balance`on. hand . . . . . . 109710206.64
Receipts during month . 3530015.03
Disbursements . . . . . . . . 0 578,091.46
Balance . . 0 0 0 107460130.21
Councilman Niezgodski made a motion that the report be accepted. Councilman Bestle 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 creating a General Improvement Fund fbr the
construction, repair or improvement of streets, alleys, sidewalks, curbs, gutters and sewers under authority of
Chapter 40 of the 1953 Acts of the General Assembly of Indiana ".
Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council
as favorable.
W. A. HAHN, Chairman
JCouncilman Korpal made a motion that the report be accepted. Councilman Niezgodski seconded the motion. Motion
carried*
REPORT OF THE COMMITTEE OF THE WHOLE
To the Common Council of the City of South Bend:
Your Committee bf the Whole to whom was referred "An Ordinance transferring certain monies from Barrett Law
Improvement Funda:,to the General Fund and appropriating said monies from the General Fund to the General Improve-
ment Fund of the City of South Bend, Indiana%
Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council
as favorable, and that it be held in the Council pending a report from the State Tax Board as, to the legality of
this ordinance*
W. A. HAHN, Chairman
Councilman Niezgodski made a motion that the report be accepted. Councilman Erler seconded the motion. Motion
carried.
REPORT OF THE COMMITTEE OF THE WHOLE
To the Common Council of the City of South Bends
Your Committee of the Whole to whom was referred "An Ordinance transferring the Sanitation Departmerb to Street
'Department and employing the City Engineer in a supervisory capacity for the Sewage Disposal Plant and firing
compensation ".
Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council
as favorable.
We A. HAHN, Chairman
Councilman Erler made a motion that the report be accepted. Councilmen Glass seconded the motion. Motion carri
ORMNANCE N0. 3966
AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE
ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA.
(E. Jefferson Blvd. between Tuxedo Drive and'25th St.)
The ordinance was given third reading and passed by a roll call vote of 8 ayes (Councilmen Erler, Korpal, Pinter,
Beatles Niezgodski, Glass, Hahn and Muszyask9) - 1 nay (Councilman.Alford)•
ORDINANCE N09 3967
AN ORDINANCE CREATING A GENERAL IMPEOVEMEDTT FUND FOR THE
CONSTRUCTION, REPAIR OR IMPROVEMENT OF STREETS, ALLEYS,
SItALKS, CURBS, GUTTERS AND SEWERS UNDER AUTHORITY OF
CHAPTER 40-OF THE 1953 ACTS OF THE GENERAL ASSEMBLY OF
INDIANA.
The ordinam a was given third reading and passed by a roll call vote of 9 ayes - 0 nays.
ORIQNANCE N0o, 3968
AN ORDINANCE TRANSFERRING THE SANITATION DEPARTMENT TO
STREET DEPARTMENT AND EMPLOYING THE CITY ENGINEER IN A
SUPERVISORY CAPACITY FOR THE SEWAGE 'DISPOSAL PLANT AND
FIXING COMPENSATION.
The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays.
ORDINANCE
AN ORDINANCE TRANSFERRING CERTAIN MONIES FROM BARRETT LAW
IMPROVEMENT FUNDS TO GHE GENERAL FUND AND APPROPRIATING
SAID MONIES FROM THE GENERAL FUND TO THE GENERAL IMPROVEMENT
FUND OF THE CITY OF SOUTH BEND, INDIANA.
Councilman Hahn made a motion that the ordinance be held up until April 26th. Councilman Niezgodski seconded
the motion*, Motion carried.
ORDINANCE
AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING
ORDINANCE NO. 3702•
(West side of Miami St. between Altgeld and
Ewing Avenue)
Councilman Korpal made a motion that the ordinance be held in the Council for further action. Councilman
Niezgodski seconded the motion. Motion carried.
ORDINANCE
AN ORDINANCE AMENDING ORNNANCE NO. 3702 ADOPTED
JUNE 13, 1949, AND COMMONLY KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF SOUTH BEND.
(Lincoln Way West and Bendix Drive)
Councilman Niezgodski made a motion that the remonstrance be accepted and placed on file. Councilman Muszynski
seconded the motions Motion carried.
The ordinance was given third feadi.ng and lost by a roll call vote of 1 aye (Councilman Glass) - 8 nays (Counci
Erler, Alford,,-Korpal., Pinter, Bestle, Niezgodski, Hahn and Muszynski).
REASONS FOR REJECTION BY THE COUNCIL OF REZONING OF LINCOLNWAY WEST AND BENDIX DRIVE.
This request for zoning change does not reflect local public sentiment at this time.
This industrial zoning should have preceded the occupation of the residential zoning area adjacent to this
territory and should have included such territory in the industrial zoning.
COMMON COUNCIL of the City of South Bend, Indiana
By Clerk
ORDINANCE
AN ORDINANCE TRANSFERRING FUNDS FROM E -215A TRANSPORTATION
ALLOWANCE- BAILIFF $120.00 TO E -11 SALARY OF BAILIFF $120.00;
FROM E -215B TRANSPORTATION ALLOWANCE - PROBATION OFFICER $520.00
TO E -11 SALARY OF PROBATION OFFICER $520.00; FROM ME -215
TRANSPORTATION ALLOWANCE $1920900 TO ME -11 SALARY OF CHIEF
ELECTRICAL INSPECTOR $500.00 AND TO SALARY OF ASSISTANT
ELECTRICAL INSPECTORS $1420.00 ALL OF THE BUDGET' FOR 1954
OF THE CIVIL CITY OF SOUTH BEND, INDIANA AND DECLARING AN
EMERGENCY.
The ordinance was given third reading and lost by a roll call vote of O ayes - 9 nays.
ORDINANCE
AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS
THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INX. ANA.
(North of Huron Ste on the east side of Kosciusko St.)
Councilman Muszynski made a motion that the ordinance be held up until April 12th, Councilman Korpal seconded
the motion. Motion carried.
ORDINANCE
AN ORDINANCE FOR THE PURPOSE OF SLUM CLEARANCE AND ESTABLISHING
MINIMUM STANDARDS GOVERNING THE CONDITION OF 37Y'IELLINGS OFFERED
FOR RENT; FIXING CERTAIN RESPONSIBILITIES AND DUTIES OF OWERS
AND OCCUPANTS OF MLLINGS, AND THE CONDEMNATION OF DWELLINGS
UNFIT FOR HUMAN HABITATION; AND FIXING PENALTIES FOR VIOLATIONS•
Councilman Hahn made a motion that the ordinance be set over for an informal meeting next Monday night at which
time members of the Mayor's housing committee will be invited to attend. Councilman Korpal seconded the motion.
Motion carried.
REGULAR MEETING MARCH 22ND, 1954 _
ORDINANCE
AN ORDINANCE TRANSFERRING $470.00 FROM E-215A (TRANSPORTATION -
BAILIFF) TO E -11 (SALARY OF BAILIFF) AND $520.00 FROM E -215B
(TRANSPORTATION ALLOWANCE - PROBATION OFFICER) TO E -11 (SALARY
OF PROBATION OFFICER) AND DECLARING AN EMERGENCY.
The ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a motion
that the ordinance be referred to the Committee of the Whole for public hearing on April 12th. Councilman
Muszynski seconded the motion. Motion carried.
ORDINANCE
AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS TRANSPORTATION
ALLOWANCES TO TRAVEL EXPENSES OF THE BUDGET OF 1954.
The ordinance was given first reading by title and second reading in full. Councilman Glass made a motion that
the ordinance be referred to the Committee of the Whole for public hearing on April 12th. Councilman Muszynski
seconded the motion. Motion carried.
ORDINANCE
AN ORDINANCE ESTABLISHING A FIXED MILEAGE RATE FOR
REIMBURSEMENT FOR CITY OFFICIALS AND EMPLOYEES IN
THE USE OF PRIVATE CONVEYANCES FOR CITY BUSINESS.
The ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a motion
that the ordinance be referred to the Committee of the Whole for public hearing on April 12th. Councilmsa Glass
seconded the motion. Motion carried.
RESOLUTIOR
WHEREAS, one HERMAN F.'WAECHTER entered into a certain contract on November 7, 1949 with the CITY OF SOUTH BEND
for co]lection and removal of garbage which contract was assigaed on December 10, 1949 to DEPENDABLE DISPOSAL
COMPANY, INC. and
WHEREAS, said contract was by mutual agreement terminated on October 1, 1953 and
WHEREAS, THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND was surety on the bond furnished by the principal under
said contract and
WHEREAS, on December 15, 1953 the Board of Public Wo.,eks and Safety of the City of South Bend released the
principal and surety under said bond,
NOW, THEREFORE, BE IT RESOLVED that the action of the Board of Public Works and Safety in releasing and dischar
the principal and surety under Bond No. 5089482 of FIDELITY AND DEPOSIT COMPANY OF MARYLAND is hereby confirmed
and approved.
CLOYD BESTLE SR.
Member of the Common Council
Councilman Korpal made a mot ion for the adoption of the Resolution. Councilman Muszynski seconded the motion.
Motion carried by a roll call vote of •9 ayes - 0 nays.
RESOLUTION
WHEREAS: God "yin his infinite wisdom has called from this life Mrs. Mary Niezgodski, the mother of Clem Niezgodski
WHEREAS: Her death has brought grief and sorrow to her son, Clem Niezgodski, his family and immediate friends,
NOW, THEREFORE BE IT RESOLVED
That we, the Common Council of the City of South Bend,
do extend to our colleague Councilman Clem Niezgodski
and his family our sincere sympathy in this, their
deepest hour of sorrow and that a copy of this Resolution
duly certified by the Clerk be sent to the bereaved.
WALTER C. ERLER SR.
W. A. HAHN
STANLEY C. KORPAL
WALTER G. GLASS
PERCY ALFORD
MICHAEL R. PINTER
LLOYD BESTLE
CHESTER MUSZYNSKI
Councilman Muszynski made a motion for the adoption of the Resolution. Councilman Korpal seconded the motion.
Motion carried by a roll call vote of 9 ayes - 0 nays.
There being no further business before the Council, Councilman Glass made a motion to adjourn, which motion was
seconded by Councilman Korpal. Motion carried, and Council adjourned at 10 :45 P.M.
A A, L"'
CLE
APPROVED:
PRESTNT