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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