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Home My WebLink About02-28-55 Council Meeting Minutest tttiifiiiiiititiittiiititiitittiittiiitiiiiitii FEBRUARY 28TH, 1955 REGULAR MEETING ber The Common Council of the City of South Bend, Indi� m in regular CsessionCinmaccordance with b a on the 28th day th the rulesofthe 1955, at the hour of 8:13 P.M. (Eastern Standard Time), Council. The meeting was called to order by President, Walter C. Erler, Sr., who presided. Councilmen Waiter C. Rrler Sr., Stanley Korpal, Michael R. Pinter, Cloyd Bestle, Clem Niezgodski, Walter G. Glass, William A Hahn and Chester Muszynski. Present: Absent: None.. REPORT OF COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your Committee on-the inspection and supervision of f the1Council wand dfound ethem correct. They therefore hey have inspected the minutes of the previous meeting of t recommend that the same be approved. WALTER C. ERLER SR. ) STANLEY C. KORPAL ) Committee W. A. HAHN ) Regular Meeting January 24th and Special Meeting February 21st, 1955- Councilman Muszynski made a motion that the report be accepted and placed on file. the motion. .Motion carried. COMMUNICATION Mr. Walter C. Erler President Common Council City Hall South Bend, "Ind. Dear Mr. Erler�; Feb. 28, 1955 1245 E. Corby Blvd. South Bend, Ind. At the February 24th meeting of the Decent Literature Committee, Councilman Glass seconded the following resolution was adopted: "A statement that the - Decent Literature Committee of St. Joseph County shall go on record as opposing legislative control in any form of censor- ship which would bar comics from local newsstands. A continuance of educational curb sentctotCommons Councile used. _ An expression P The group wishes to thank you and Councilmen Hahn and Muszynski for attending our meeting. Sincerely, Edith King (Signed) (Mrs. Willard King, Secretary) ilman Kor al made a motion that the communication be referred to the Ordinance Committee. Councilman Counc P Muszynski seconded the motion. Motion carried. REGULAR MEETING FEBRUARY 28TH, 1955 PETITION Petition of George Swiatowy, Optionee, Robert Fulford and Harry Polis to rezone Lots 300 and 301 -in Samuel L. Cottrell's First Addition to Lowell, from "B" Use District and "B" Height and Area District to "C" Use District and "D" Height and Area District. Said real estate is located on the south side of Colfax Avenue bounded on the West by St. Peter Street and on the East by an alley midway between St. Peter Street and Notre Dame Avenue. Councilman Hahn made a motion that the petition be teferred to the City Plan Commission. Councilman Muszynski seconded the motion. Motion carried. PETITION Petition of Lock Joint Tube Company, by its attorney Joseph J. Hemphling, to rezone 19 acres immediately north of 1400 Riverside Drive, from "B" Use and "B" Height and Area District to "D" Light Industrial and "D" Height and Area District. Councilman Niezgodski made a motion that the petition be referred to the City Plan Commission. 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'Commnittee of the Whole to whom was referred "An Ordinance appropriating $19,000.00 from the General Fund to Fire-Department Department Q -724 Motor Equipment of the Budget for 1955 of the Civil City of South Bend, Indiana and declaring an emergency ". Respectfully report that they have examined and matter and that in their opinion this ordinance be reported to the-Council as favorable. W. A. HAHN, Chairman Councilman Niezgodski made a motion that the report be accepted. Councilman Korpal seconded the motion. Motion carried. REPORT OF THE CITY CONTROLLER OF THE CITY OF SOUTH REND, INDIANA, FOR THE MONTH OF DECEMBER, 1954. Balance on hand first of month . . . . $ 2,634,726.74 Receipts during month . . . . . . . . . 2, 525, 546.85 Disbursements . . . . . . . . . . . . . . . . . . 1,674,714.77 Balance . . . . . . . . . . . . . . . $ 3,485, 558.82 REPORT OF THE CITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR ENDING DECEMBER 31ST, 1954. Balance on hand first of -month . . . . $ 11,923,499.35 Receipts during month . . . . . 35,591,962.77 Disbursements . . . . . . . . . . . . . . . . . . . . . . . 34,029,903.30 Balance December 31st, 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,485,558o82 REPORT OF THE CITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE MONTH OF _JANUARY, 1955. Balance on hand first of month . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . 3,485,558.82 Receipts durinkymonth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,734,778.47 Disbursements .... . . . . . . . . . . . . . . . . . . . . 6,338,467.04 Balance . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,881,870.25 Councilman Niezgodski made a motion that the reports be accepted and placed on file. Councilman Bestle seconded the motion. Motion carried. REPORT OF SPECIAL COMMITTEE ON "SIDE YARD" ORDINANCE. Honorable Common Council City of South Bend January 24, 1955 South Bend, Indiana Gentlemen: Your special committee on the "Side Yard" and "Setback" ordinance amending the zoning ordinance, City of South Bend, respectfully report they have examined the matter and recommend the adoption of the attached ordinance. The Committee recommends that the ordinance which had first and second reading be stricken from the file and the ordinance be amended by the substitution of a new amended ordinance herewith filed. (Signed) William A. Hahn, Chairman. Chester Muszynski Cloyd Bestle Walter G. Glass Walter C. Erler Councilman Bestle made a motion that the report be accepted. Councilman Glass seconded the motion. Motion carried. REPORT OF ORDINANCE COMMITTEE ON ORDINANCE,GARAGE- PRIVATE Councilman Korpal reported that the committee met on February 24th, 1955 in the Council Chamber and decided that the present ordinance be disregarded and a new ordinance be prepared for the next meeting. Councilman Bestle seconded the motion. Motion carried. Councilman Niezgodski made a motion that the report be accepted and placed on file. Councilman Bestle seconded the motion. Motion carried. REGULAR MEETING REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: February 8, 1955 FEBRUARY 28TH, 1955 The attached petition of Veterans of Foreign Wars Post No. 1167 to rezone lots G -2, F -2 and E -2 of Wenger & Kreighbaum's Vistula Avenue Addition, which land lies on the northwest side of Lincolnway West between Sample and Grand Trunk Railroad to "C" Commercial and "C" Height and Area District, was legally adver.tised.on:,January 24, 1955, and given public hearing by the City Planning Commission on February 3, 1955. The petition to rezone was favorably recommended. RLH:aed Attachment Very truly yours, CITY PLANNING COMMISSION Robert L. Huff Director - Secretary Councilman Hahn made a motion that the report be accepted. Councilman Niezgodski seconded the motion. Motion carried. ORDINANCE NO. 4027 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND. (Northwest side of Lincolnway West between Sample and Grand Trunk Railroad) The ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspenion of rules. Councilman Hahn seconded the motion. The presiding officer asked if there were any remarks or anyone in the audience who cared to be heard on this ordinance before the Council votes on this ordinance. There being no objections, motion was 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. REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South Bend February 7, 1955 South Bend, Indiana Gentlemen: The petition of Contemporary Homes to annex to the South of South Bend, 52 acres lying immediately East of St. Mary's Academy to Ironwood Drive and lying just South and contiguous to Twyckenham Hills Section G, and to zone said acreage "A" Residential and "A" Height and Area District, was referred to the Planning Commission under date of January 10, 1955. It was given public hearing under date of February 3, 1955. Because of, the area involved to be annexed, the Commission tabled the petition until such time as all governmental departments and agencies that may be affected by said annexation could be contacted for their comments and recommendations. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff RLH:aed Director- Secretary Councilman Niezgodski made a motion that the report be accepted and placed on file. Councilman Korpal seconded the motion. Motion carried. ORDINANCE N0, 4028 AN ORDINANCE APPROPRIATING $19,000.00 FROM THE GENERAL FUND TO FIRE DEPARTMENT Q -724 MOTOR EQUIPMENT OF THE BUDGET FOR 1955 OF THE CIVIL CITY OF SOUTH BEND, INDIANA AND DECLARING AN EMERGENCY. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE NO. 4029 AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY OWNED BY THE CITY OF SOUTH BEND, INDIANA. (Approximately 9 acres of land lying along the North edge of the Sewage Treatment Plant site) The ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion for suspension of rules. Councilman Glass 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. nRDTNANCF. AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, (SIDE YARDS) Councilman Muszynski made a motion that the original ordinance which had first and second reading be stricken from the record. Councilman Niezgodski seconded the motion. Motion carried. The ordinance, which was amended by substitution, was given first reading by title and second reading in full. Councilman Niezgodski made a motion that the ordinance be set for public hearing on March 14th. Councilman Bestle seconded the motion. Motion carried. 104.7 REGULAR MEETING ORDINANCE AN ORDINANCE AMENDING SECTION 11 OF ORDINANCE NO. 3324 (AS AMENDED) ENTITLED "AN ORDINANCE DEFINING 'MILK' AND CERTAIN 'MILK PRODUCTS', 'MILK PRODUCER', 'PASTEURIZATION', ETC., PROHIBITING THE SALE OF ADULTERATED AND MISBRANDED MILK AND MILK PRODUCTS, REQUIRING PERMITS FOR THE SALE OF MILK AND MILK PRODUCTS, REGULATING THE INSPECTION OF DAIRY FARMS AND MILK PLANTS, THE EXAMINATION, GRADING, LABELING, PLACARDING, PASTEURIZATION, REGRADING, DISTRIBUTION, AND SALE OF MILK AND MILK PRODUCTS, PROVIDING FOR THE PUBLISHING OF MILK GRADES, THE CONSTRUCTION OF FUTURE DAIRIES AND MILK PLANTS, PROVIDING FOR THE LICENSING OF DAIRIES -- RETAIL AND WHOLESALE, DISTRIBUTORS, THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES." FEBRUARY 28TH, 1955 The ordinance was given first reading by title and second reading in full. Councilman Glass made a motion that.the ordinance be set for public hearing on March 14th. Councilman Niezgodski seconded the motion. Motion carried. RESOLUTION BE IT RESOLVED by the Common Council of the City of South Bend., Indiana, that the Contract heretofore entered into by and between the Board of Public Works and Safety of the City of South Bend, Indiana, and the Clark Aerial Survey Corporation, 45075 N. Territorial Road, Plymouth, Michigan, for the aerial survey of the City of South Bend, Indiana, for the contract price of $4253.05, is confirmed and approved. (Signed) W. A. HAHN Member of the Common Council Councilman Hahn made a motion for the adoption of the Resolution. Councilman Bestle seconded the motion. Motion carried by a roll call vote of 8 ayes - 0 nays. NEW BUSINESS N Mr. Morris Goldberg, 1010 W. Jefferson Blvd., appeared before the Council to protest against the demolition of his property located at 606 W. Western Ave., under the Slum Clearance Ordinance. Councilman Korpal made a motion that the debate be closed on the above subject as it is not a hearing and it comes under the ordinance::. Councilman Hahn seconded the motion. Motion carried. Councilman Korpal made a motion that the ordinance presented by Judge Gonas on Comic Books be referred to r` the Ordinance Committee on Curfew and Comic Books for further study. Councilman Muszynski seconded the motion. Motion carried. There being no further business before the Council, Councilman Hahn made a motion to adjourn, which motion was seconded by Councilman Glass. ,Motion carried, and Council adjourned at 9:45 P.M. A EST: CLE APPRO D: PRESIDENT