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Home My WebLink About04-12-54 Council Meeting Minutes• sstststtsttsstsstsssttststssssstetsetttssssstttsstsssttsstsssssttttsttstssas •sssstsstttttttstsssttssssssstt REGULAR MEETING APRIL 12TH, 1954 Be it remembered that the Common Council of the City of South Bend met in regular session in the Council Chamber, Monday, April 12th, 1954, at 8:26 P.M., with all members present. President Erler presided. REPORT OF COMMITTEE ON MINUTES To the Common Council of the City of South Bendt 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. WALTER C. ERLER SR. ) W. A. HAHN ) Committee STANLEY C. KORPAL ) Meeting of March 22nd and Special Meeting March 26th, 1954s Councilman Glass made a motion that the report be accepted. Councilman Niezgodski seconded the motion. Motion carried. COWAUNICATION Your k1nd expression of sympathy is gratefully acknowledged and deeply appreciated. The family of Mary Niezgodski Councilman Korpal made a motion that the communication be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. PETITION (Petition of Edward Deavel and Lydia Deavel to rezone Lot No. 4 of Charles Wdidler's 1st Addition) • Councilman Niezgodski made a motion that the petition be referred to the City Plan Commission. Councilman Hahn seconded the motion. Motion carried. PETITION Petition of Place and Company, Inc. to rezone Lots from "C -1" Commercial District and "D" Height and Area District to "A" Residence District and "A" Height and Area District. Councilman Hahn made a motion that the petition be referred to the City Plan Commission. Councilman Glass seconded the motion. Motion carried. PETITION Petition of Homer W. and Maxine 0. Fitterling to rezone Lots No. 1 through and including 287 of Sunset Park Addition from "D" Heavy Industrial and "F" Height and Area to "A" Residential. Councilman Hahn made a motion that the petition be referred to the City Plan Commission. Councilman Bestle seconded the motion. Motion carried. PETITION Petition of EDvmey- Hodson Realty Company, Inc. to rezone Lot No. 81 in Walnut Second Addition from "B" Residence District and "A" Height and Area District to "C -1" Commercial and "D" Height end Area District. Councilman Hahn made a motion that the petition be referred to the Citj Plan Commission. 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 of the Whole to whom was referred "An Ordinance transferring $470.00 from E -215A (Trans ortation- Bailiff) to E-.11 (Salary of Bailiff) and $520.00 from E -215B (Transportion Allowance-Probation Officer to E -11 (Salary of Probation Officer) and declaring an_ emergency ". 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 Councilman"Glass made a motion that the report be accepted. 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 transferring monies from various transportation allowances to travel expenses of the budget of 1954 ". Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council with recommendation that it be held in the Council until April 26th. W. A. HAHN, Chairman Councilman Niezgodski made a motion that the report be accepted. Councilman Musty nski seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF.THE AHOLE o the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "An Ordinance establishing a fixed mileage rate for reimburse- ment for city officials and employees in the use of private conveyances for city business ". Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council with recommendation that it be held in the Council until April 26th ". W. A. HAHN, Chairman Councilman Muszynski made a motion that the report be accepted. Councilman Bestle seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION Common Council City of South Bend South Bend, Indiana Gentlemen: Petition of Downey - Hodson Realty Company, Inc. to rezone Lot No. 81 in Walnut Second Addition from "B" residential and "A" Height and Area Districts to "C" Commercial and "i9" Height and ®rea Districts was legrl]yadvertised under date of March 24, 1954 and given public hearing under date of April 1, 19549 This lot is on the southeast corner of Indiana Avenue and Nash Street. This proposed change is not recommended for the following reasons: 1. Proposed change would create a commercial use in a district of predominantly residential use. 2. There is sufficient commercial zoning districts and commercial use in immediate vicinity of the petition area on Prairie Avenue and Indiana Avenue. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff, Secretary Councilman Korpal made a motion that the report be accepted. Councilman Niezgodski seconded the motion. Motion carried. ORX NANCE AN ORDINANCE AMENDING ORDINANCE N0. 3702 COMMONLY KNONN AS THE ZONING ORXNANCE OF THE CITY OF SOUTH BEND, INDIANA. (Southeast corner of Indiana Avenue and Nash Street) (Continued) 961 REGULAR MEETING APRIL 12TH, 1954 The ordinance was given first reading by. title and second reading in full. Councilman Yiezgodski made a motion for suspension of rules. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 9 ayes - 0 nays. The ordinance was given third reading and lost by a roll call vote of 0 ayes - 9 nays. REPORT OF THE CITY PLAN COMMISSION Common Council City of South Bend South Bend, Indiana Gentlemen: Petition of National Milk Company, Inc., South Bend, to rezone Lots No. 20 and 21 in Beyer's Second Addition from 0 commercial and E height and areal districts to D light industrial and F height and area districts was given 1eg&l:notiee under date of March 24, 1954, and public hearing before your City Planning Commission under date of April 1, 1954. This property is located on the southwest corner of Mishawaka Avenue and Louise Street. This petition is recommended favorably. Very truly yours, Robert L. Huff, Secretary Councilman Niezgodski made a motion that the report be accepted. Councilman Hahn seconded the motion. Motion carried:' ORDDINANCE N0. 3971 AN ORDINANCE AMENDING ORDINANCE N0. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Southwest corner of Mishawaka Avenue and Louise Street) The ordinance was given first reading by title and second reading in full. Councilman Hahla made a motion for suspension of rules. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 9 ayes - 0 nays. The ordinance was given third reading andhassed by a roll call vote of 9 ayes - 0 nays. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE N0. 3702. (West side of Miami St, between Altgeld and Ewing Ave.) The ordinance was given third reading and lost by a roll call vote of 1 aye (Councilman Alford) - 8 nays (Councilmen Erler, Korpal, Pinter, Bestle, Niezgodski, Glass, Hahn and Muszynski). ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOW AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (North of Huron Ste on the East side of Kosciusko St.) The ordinance was given third reading and lost by a roll call vote of 0 ayes - 8 nays (Councilmen Erler, Alford, Korpal, Pinter, Bestle, Niezgodski, Glass, and Hahn) - 1 Not Voting (Councilman Muszynski). ORDINANCE NO. 3970 AN ORDINANCE TRANSFERRING $470.00 FROM E -215A (TRAETSPORTATION- 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 third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDNANCE N0. 3972 AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN PERSONAL PROPERTY OWNED BY THE CITY OF SOUTH BEND. The ordinance was given first reading by title and second reading in full. _Councilman Niezgodski made a motion for suspension of rules. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 9 ayes - 0 nays. The ordinance was given third reading and passed by a roll call vote of 9 eyes - 0 nays. ORDINANCE N0. 3973 (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, RESIDWTIAL AIR CONDITIONING OR VENTILATING EQUIPMENT WITHOUT A PERMIT THEREFORE, AND CREATING A WARM AIR BEATING, RESIDENTIAL AIR C01?DITIONING AND VENTILATING EXAMINATION BOARD AND A BOARD OF REVIEW AND PRESCRIBING THEIR !DUTIES: PROVIDING FOR THE LICENSING OF PERSONS, FIRMS AND CORPORATIONS UNDERTAKING THE SALE OR INSTALLATION OF WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING AND VENTILATING EQUIPMENT AND WARM AIR HEATING, RESIDENTIAL AIR CONDDITIONING, 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 ArID VENTILATING EQUIPMENT WITHOUT A LICENSE EXCEPT AS OTHER - WISE PROVIDED: PROVIIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE AND "REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. Councilman Hahn made a motion to accept the amendments to the ordinance. Councilman Glass seconded the motion. Motion carried by a roll call vote of 9 ayes - 0 nays. The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDI NANGE-' AN ORDINANCE CONCERNING DEALERS IN SCRAP OR JUNK MATERIALS, AND PROVI "3DING FOR THE LICENSING AND REGULATING THEREOF, PENALTIES FOR THE VIOLATION, AND REPEALING ALL ORDINANCES IN CONFLICT THERMTH* The ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion that the ordinance be referred to the Committee of the Whole for public hearing on April 26th. Councilman Niezgodski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE FOR THE PURPOSE OF SLUM CLEARANCE AND ESTABLISHING MINIMUM-STANDARDS GOVERNING THE CONDITION AND MAINTENANCE OF DWELLINGS AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL _.: TO MAKE ]DWELLINGS SAFE, SANITARY AND FIT FOR HUMAN HABITATION; ESTABLISHING MINIMUM STANDARDS GOVERNING THE CONDITION OF DWELLINGS OFFERER FOR RENT; AND FIXING CERTAIN RESPONSIBILITIES AND DUTIES OF OWNERS AN3 OCCUPANTS OF DWELLINGS; AUTHORIZING THE INSPECTION OF DWELLINGS, AND THE CON31DEMNATION OF DWELLINGS UNFIT FOR HUMAN HABITATION; AND FIXING PENALTIES FOR VIOLATIONS. The ordinance was,set for public hearing on April 26th. RESOLUTION WHEREAS, the location of the proposed Toll Road Interchange on U.S. 31 will cause to be placed upon the main through streets of the City of South Bend an estimated additional burden of approximately 2,000 motor vehicles daily which would seriously cripple and hinder the flow of traffic within the City of South Bend and, WHEREAS, it is in the best interests of the City of South Bend to prevent such an additional burden to be placed upon the already congested streets of the City of South Bend and, WHEREAS, it is in the best interests of the City of South Bend to provide for the orderly flow of traffic to and from the proposed Toll Road that would by -pass the City of South Bend, NOW THEREFORE BE IT RESOLVED THAT :_TB&. COMQMON COUNCIL OF THE CITY OF SOUTH BEND that by- passes be established to the East and West of the City of South Bend and the City of Mishawaka from U.S. 31 at the Southern edge of the City and that the proposed Toll Road Interchange be established to the west of the City of South Bend and that the immediate construction of the Western by -pass be undertaken and that it be connected with the Toll Road Interchange and that the surveying of the Eastern by -pass be undertaken as soon as possible* STANLEY C. KORPAL ember of the Common Council Councilman Niezgodski made a motion for the adoption of the resolution. Councilman Muszynski seconded the motion. Motion carried by a roll cgll vote of 9 ayes - 0 nays. UNFINISHED BUSINESS Councilman Glass made a motion that the Council, as a Committee, meet next Tuesday bvening, April 20th, at 7:30 P.M. Councilman Muszynski seconded the motion. Motion carried. 96'7 REGULP,R MEETING APRIL 12TH, 1954 NEW BUSINESS Councilman Muszynski made a motion that the Board of Works instruct the Police Department to patrol the area of Oliva, Meade and ga.ley Streets to prohibit trucks from going through. Councilman Niezgodski seconded the motion. Motion carried. There being no further business before the Council, Councilman Niezgodski made a motion to adjourn, which motion was seconded by Councilman Hahn. Motion carried. ,ATTEST s CLER - ,r APPRM . '/ci.�� c4L PRESI MERT