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HomeMy WebLinkAbout03-28-55 Council Meeting Minutes+ stsss::s:s::s a: ttss: as tts s:::a ass sa::ss:sa :ta : : : :ti`stts : :s :: :st :: :a :st:: sass :t :assts :ts: :a :t:s : : :: :ass :tst: REGULAR MEETING MARCH 28TH, 1955 The Common Council of the City of South Bend, Indiana, met in the Council Chamber on the 28th day of March, 1955,. at the hour of 8:25 P.M. (Eastern Standard Time), in regular session in accordance with the rules of the Council. The meeting was called to order by President', Walter C. Erler Sr., who presided. Present: Councilmen Walter C. Erler Sr., Stanley Korpal, Michael R. Pinter, Clem Niezgodski, Walter G. Glass, William A. Hahn and Chester Muszynski. Absent: Councilman Cloyd Bestle. 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 March 14th, 1955. WALTER C. ERLER SR. ) STANLEY C. KORPAL. ) Committee WILLIAM A. HAHN ) Councilman Muszynski made a motion that the report be accepted. Councilman Hahn seconded the motion. Motion carried. PETITION Petition of Herman N. Light filed by Guy H. McMichael, attorney, to rezone 35 acres from "A"' Residence District and "A" Height and Area District to "C " Commercial District and "C" Height and Area District. Councilman Hahn made a motion that the petitionbe referred to the City Plan Commission. Councilman Muszynski seconded the "motion. Motion carried. IG52 REGULAR MEETING PETITION MARCH 28TH, 1955 Petition of Herman N. Light filed by Guy H. McMichael, attorney-, to rezone 18.82 acres from "A" Residence District and "A" Height and Area District to "C" Commercial District and "C" Height and Area District, also 24.52 acres from "A" Residence District and "A" Height and Area District to `.'B ":Residence District and "B" Height and Area District. Councilman Hahn 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 Committee of the Whole to whom was referred "An Ordinance appropriating $66,861.47 from the General Fund to the General l. Improvement Fund and appropriating $20,600.50 from the General Fund to Fire Department Q -11 Services Personal; all of the budget for 1955 of the Civil City of South Bend, Indiana and declaring an emergency". Respectfully report that they have examined the matter and that in their opinion this ordinance be reported to the Council favorable to be amended: Section 1 of the Ordinance be amended to include the following additional paragraph: 'The appropriation for Fire Department is for the following use: To promote one Lieutenant to Captain for six.months $169.50; to promote two Firemen to Lieutenant for six months $331.00; 10 Probationary Firemen for six monihs,-$20,100.00, total $20,600.50. W. A. HAHN, Chairman Councilman Glass made a motion that the report be accepted.Counciluian Korpal 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 annexing to and bringing within the `City limits of South Bend, Indiana certain lands ". (54 Acres lying East of St. Mary's Academy and North of Ireland Road). Respectfully report that they have examined the matter and that in their opinion this ordinance be reported to the Council as favorable. W. A. HAHN, Chairman Councilman Korpal made a motion.that the report be accepted. Councilman Niezgodski seconded the motion. Motion carried. WEPORT 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 and supplementing Zoning Ordinance No. 3702 ". (54 Acres lying East of St. Mary's Academy and North of Ireland Road). Respectfully report that they have examined the matter and that this ordinance be reported to*the Council as favorable. W. A. HAHN, Chairman Councilman Niezgodski made a motion that the report be accepted. Councilman Glass seconded the motion. Motion carried. F.E.P.C.ORDINANCE Irving Hurwich, City Attorney, asked for additional time to study the F.E.P.C. Ordinance. ORDINANCE NO. 4031 (AS AMENDED) AN ORDINANCE APPROPRIATING $66,861.47 FROM THE GENERAL FUND TO THE GENERAL IMPROVEMENT FUND AND APPROPRIATING $20,600.50 FROM THE GENERAL FUND TO FIRE DEPARTMENT Q -11 SERVICES PERSONAL; ALL OF THE BUDGET FOR 1955 OF THE CIVIL CITY OF SOUTH BEND, INDIANA AND DECLARING AN EMERGENCY. Councilman Glass made a motion that Section 1 of Ordinance be- amended to include the following additional paragraph. The appropriation for Fire Department is for the following use: To promote one Lieutenant to Captain for six months $169.50; to promote two Firemen to Lieutenant for six months $331.00; ten Probationary Firemen for six months $20,100.00, total $20,600.50. Councilman Niezgodski seconded the motion. Motion carried by a roll call vote of 7 ayes (Councilmen &ler, Korpal, Pinter, Niezgodski, Glass, Hahn and Muszynski) - 1 absent (Councilman Bestle). The ordinance, as amended, was given third reading. Councilman Hahn made a motion that the ordinance be passed as amended. Councilman Niezgodski seconded the motion. Motion carried by a roll call vote of 7 ayes (Councilmen Erler, Korpaj, Pinter, Niezgodski, Glass, Hahn and Muszynski) - 1 absent (Councilman Bestle). ORDINANCE NO. 4032 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LANDS. (54 Acres lying East of St. Mary's Academy and North of Ireland Road) The ordinance was given third reading and passed by a roll call vote of 7 ayes (Councilmen Erler, Korpal, Pinter, Niezgodski, Glass, Hahn and Muszynski) - 1 absent (Councilman Bestle). REGULAR MEETING ORDINANCE NO. 4033 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702. (54 Acres lying East of St. Mary's Academy and North of Ireland Road) MARCH 28TH, 1955 The ordinance was given third reading and passed by a roll call vote of 7 ayes (Councilmen Erler, Korpal, Pinter, Niezgodski, Glass, Hahn.and Muszyns4 - 1 absent (Councilman Bestle). REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: March 22, 1955 At a regular meeting of the City Planning Commission held at 7:30 P.M., March 17, 1955, the following issue was considered and action taken as indicated. The petition' of George Swiatowy,:Robert Tellford, optionees, and Harry Polis, owner, to rezone "B" Residential District to "C" Commercial.and "D" Height and Area District Lots No. 300 and 301 in Samuel Cottrell's First Addition.to Lowell, property located at Southeast corner of E. Colfax Avenue and St. Peter Street, wastabled from the previous meeting and was not acted upon. After due consideration it was moved, seconded, and carried that the petition to rezone be recommended to the Council favorably. Very truly yours, CITY PLANNING COMMISSION Verner L. Lane Acting Secretary Councilman Korpal made a motion that the report be accepted and placed on file. Councilman Niezgodski seconded the motion. Motion carried. ` ORDINANCE NO. 4034 AMENDMENT OF ZONING ORDINANCE NO. 3702 (Southeast corner of E. Colfax Ave. and St. Peter St.) The ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension 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 the suspension of rules and third reading of this ordinance. There being no objections, motion was carried by a roll call vote of 7 ayes (Councilmen Erler, Korpal, Pinter, Niezgodski, Glass, Hahn and Muszynski) - 1 absent (Councilman Bestle). The ordinance was given third reading and passed by a roll call vote of 7 ayes (Councilmen Erler, Korpal, Pinter, Niezgodski, Glass, Hahn and Muszynski) - 1 absent (Councilman Bestle). REPORT OF CITY�RLAN COMMISSION Honorable Common Council City of South Bend March 24th, 1955 South Bend, Indiana Gentlemen: The petition of Lock Joint Tube Company to rezone approximately 19 acres in the Northwest section of the city from "B" Use District and "B" Height and Area District to "D" Use District and "D" Height and Area having been legally advertised under date of March 8, 1955, was given public hearing under date of March 17, 1955. At a special meeting held under date of March 23, 1955, it was moved, seconded, and carried that the petition be favorably recommended. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff RLH:aed Director- Secretary Councilman Niezgodski made a motion that the report be accepted. Councilman Korpal seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NUMBER 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (19 Acres immediately North of 1400 Riverside Drive) 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 11th. Councilman Korpal seconded the motion. Motion carried. REGULAR MEETING ORDINANCE NO. 4035 AN ORDINANCE FIXING THE SALARY OF MEMBERS OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA EFFECTIVE JANUARY 1, 1956 AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. MARCH 28TH, 1955 The ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a motion for suspenion of rules. Councilman Hahn seconded the motion. Motion carried by a roll call vote of 7 ayes (Councilmen Erler, Korpal, Pinter, Niezgodski, Glass, Hahn and Muszynski) - 1 absent (Councilman Bestle). The ordinance was given fhird reading and passed by a roll call vote of 7 ayes (Councilmen Erler, Korpal, P nt6r, Niezgodski, Glass, Hahn and Muszynski) - 1 absent (Councilman Bestle). ORDINANCE AN ORDINANCE AMENDING SECTIONS 3, 3A AND 4 OF ORDINANCE NO. 3702, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. Councilman Korpal made a motion that the old ordinance (Garage - Private) filed September 12, 1954 be stricken from the record. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 7 ayes (Councilmen Erler, Korpal, Pinter, Niezgodski, Glass, Hahn and Muszynski) - 1 absent (Councilman Bestle). The ordinance was given first reading by title only. Councilman Korpal made a motion that the ordinance be referred`to the City Plan Commission. Councilman Niezgodski seconded the motion. Motion carried. RESOLUTION OF DETERMINATION FOR SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF SOUTH BEND FOR PARK PURPOSES. (4 Acres of unused Park Dept. property lying North of Hose House 5, 1000 Lincolnway East) Councilman Hahn made a motion that the Park Board's Resolution be accepted. Councilman Niezgodski seconded the motion. Motion carried. (Park Board Resolution attached to Ordinance No. 4036). ORDINANCE NO. 4036 AN ORDINANCE ORDERING AND PROVIDING FOR THE SALE OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. (4 Acres of unused Park Dept. property lying North of Hose House 5, 1000 Lincolnway East) The ordinancd was given first reading by title and second reading in full. Councilman Hahn made a motion for ,suspension of Y ules. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 7 ayes (Councilmen Erler, Korpal, Pinter, Niezgodski, Glass, Hahn and Muszynski) - 1 absent (Councilman Bestle). The ordinance was given third reading and passed by a roll call vote of 7 ayes (Councilman Erler, Korpal, Pinter, Niezgodski, Glass, Hahn and Muszynski).- 1 absent (Councilman Bestle). NEW BUSINESS Hon. Clem Niezgodski Member of Common—Council March 18, 1955 1312 Fassnacht South Bend, Indiana Dear Councilman Niezgodski: In response to your inquiry at the Council meeting of 14 March 1955, with reference to the regulations governing dances, I find only the following: We have a licensing ordinance for public dance halls. It is Ordinance No. 2456. A public dance hall is defined in the ordinance as any hall, room,outside pavLlion., platform or structure operating as a place for dancing and operating for gain and to which the public generally have a right to resort for such entertainment. Such an establishment must be licensed by the.City. I find no ordinance in the City of South Bend regulating the hours during which such an establishment may be in operation. However, Section 4 of said Ordinance provides that the license may be revoked after a hearing by the Mayor upon said evidence that the place is being conducted in violation of any State Law or of any ordinance of the City or that the owners or operators of such place have knowingly permitted the violation of such such law or ordinance or are operating such place in a manner which constitutes a public nuisance. The law above set forth is not quoted entirely verbatim but this is the substance of our ordinance. I trust that this answers your inquiry but if you have any further questions or have a specific problem, please feel free to contact this office with reference to it. RJD -j cc: Irving Hurwich, City Atty. cc: City Clerk . Very truly yours, Robert J. DuComb Assistance City Attorney Councilman Niezgodski made a motion that the communication be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. Councilman Niezgodski made a motion that the ordinance governing dances be referred to the Miscellaneous Committee, namely, Councilmen Niezgodski, chairman, Hahn, Bestle and Muszynski. Councilman Hahn seconded the motion. Motion carried. Complaint received that cars park between curb and sidewalk between Sample St. and Cotter Ave. on east side of Prairie Avenue. This matter was referred by City Engineer to Chief Gillen and the Traffic Engineer. REGULAR MEETING MARCH 28TH, 1955 Councilman Glass made a motion that all ordinances be cleared and stamped as to their legality through the Legal Department before they are presented to the Council for action. Councilman Niezgodski seconded the motion. Motion carried. Councilman Niezgodski made a motion that the "No Parking" signs on Spruce St., south of Washington St., be removed and that the Traffic Engineer report to the Council on this matter at next meeting. Councilman Korpal 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 Niezgodski. Motion carried, and Council adjourned at 9:26 P.M. ATTEST: HER ,r APPROVED PRESIDENT