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HomeMy WebLinkAbout04-11-55 Council Meeting MinutesREGULAR MEETING APRIL 11TH, 1955 The Common Qouncil of the City of South Bend, Indiana, met in the Council Chamber on the 11th day of April, 1955, at the hour of 9 :00 P.M. (E.S.T.}, 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, Cloyd Bestle, Clem Nieigodski, Walter G. Glass, William A. Hahn and Chester Muszynski. 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 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. ) STANLEY C. KORPAL ) Committee Meeting of March 29th, 1955. WILLIAM A. HAHN ) Councilman Muszynski made a motion that the report be accepted. Councilman Niezgodski seconded the motion. Motion carried. REGULAR MEETING COMMUNICATION To the Honorable Common Council of the City of South Bend, Indiana Gentlemen: APRIL 11TH, 1955 Attention: Mr. Walter C. Erler Sr. President The attached Certified Copy of the Order of the Judge of the Circuit Court appointing Appraisers, Report of Appraisers, No. 98015 and Oath of Appraisers, No. 98015 were filed in the office of the City Clerk at 10 :55 A.M. Central Standard Time on March 31, 1955. Very truly yours, (Signed) Evelyn M. Hennessy Mrs. Joseph W. Hennessy City Clerk Councilman Hahn made a motion that the Order and Report of Appraisers be accepted. Councilman Bestle seconded the motion. Motion carried. (Papers filed with Ordinance No. 4029). PETITION Petition of Tahbe Printing Company to rezone Lots No. 40, 41 and 42 as shown on the Recorded Plat of Oakland Park,,' a sub - division of a part of the North fraction of the Northwest 1/4 of Section 18, Township 37 North, Range 3 East, more•commonly known as lots bordered by Northside Blvd. and Emerson Ave., from "B" Residential and 'W' Height and Area to "D" Light Industrial and "F':' Height and Area. Councilman Hahn made a motion that the petition be referred to the City Plan Commission. Councilman Niezgodski seconded the motion. -Motion carried. REPOIIT 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 Ordinance No. 3702 commonly known as the Zoning Ordinance of the City of South Bend, Indiana." (19 Acres - 1400 Riverside Drive). 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 Niezgodski made a motion that the report be accepted. Councilman Glass seconded the motion. Motion carried. REPORT OF ORDINANCE COMMITTEE (Side Yard) Honorable Common Council City of South Bend April 9, 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. W. A. HAHN, Chairman Chester Muszynski Cloyd A. Bestle Walter G. Glass Walter C. Erler Sr. Committee Councilman Hahn made a motion that the report be accepted. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE NO. 4037 AN ORDINANCE AMENDING ORDINANCE NUMBER 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (19 Acres - 1400 Riverside Drive) The ordinance was given third reading and passed by a roll call vote of 5 ayes (Councilmen Korpal, Pinter, Niezgodski, Glass and Muszynski) - 3 nays (Councilmen Erler, Bestle and Hahn). ORDINANCE N0. 4038 (AS AMENDED), AN AMENDED ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Side Yard) Councilman Hahn made a motion that the "Side Yard" Ordinance be amended by striking out paragraph entitled, "ATTACHED GARAGES AND CARPORTS ", line 23 to 29; A garage or carport may be erected in a side yard except the side yard along the side street lot line of a corner lot provided that it is attached to the principal building, fronts on the same street as the principal building, and is built no closer from a side lot line than 12 per cent of the lot width or 7 feet, whichever is the greater, provided, however, that this requirement need not be greater than 12 feet. This provision shall apply to garages and carports and to no other structure, addition, or projection, (Continued) REGULAR MEETING ORDINANCE NO. 4038 (AS AMENDED) (Continued) APRIL 11TH, 1955 and inserting "A garage or carport may be erected in a side yard except the side yard along the side street lot line of a corner lot provided that it is attached to the principal building, fronts on the same street as the principal building, and is built no closer from a side lot line than 10 per cent of the lot width or 6 feet, whichever is the greater, provided, however, that this requirement need not be greater than 12 feet. This provision shall apply to garages and carports and to no other structure, addition, or projection." Councilman Glass seconded the motion. The amendment was passed by unanimous vote of 8 ayes - 0 nays. Councilman Glass made a motion that the ordinance be passed as amended. Councilman Hahn seconded the motion. Motion carried.by a roll call vote of 8 ayes - 0 nays. ORDINANCE NO. 4039 AN ORDINANCE RATIFYING A CONTRACT BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND THE INDIANA TOLL ROAD COMMISSION REGARDING THE TRANSFER OF LAND AND THE GRANTING OF EASEMENT RIGHTS FOR THE USE OF THE INDIANA EAST -WEST TOLL ROAD. The ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion for suspension of rules. Councilman Korpal 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. ORDINANCE N0, 4040 AN ORDINANCE APPROVING CONTRACT BETWEEN THE CITY OF SOUTH BEND, INDIANA, BY AND THROUGH THE BOARD OF PUBLIC WORKS AND SAFETY, AND THE SEAGRAVE CORPORATION, IN THE SUM OF $18,450.00, FOR ONE SEAGRAVE PUMPER, WITH RADIO, $450.00, TOTAL $18,900.00. The ordinance was given first reading by title and second reading in full. Councilman Glass made a motion for suspension of rules. Councilman Muszynski 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. ORDINANCE AN ORDINANCE TRANSFERRING ANDAPPRQPRIATING FROM ENGINEERING DEPARTMENT L -331 GASOLINE $112.00 TO L -333 TIRES AND TUBES $17.40 AND TO L -334 OTHER GARAGE AND MOTOR SUPPLIES $94.60; FROM OFFICE OF CITY ATTORNEY G -725 OFFICE EQUIPMENT $100.00 AND FROM OFFICE OF CITY TREASURER D -725 OFFICE (:CALCULATOR) $ 175.00 TO CITY ATTORNEY G -261 ABSTRACTING $275.00; FROM ELECTRICAL INSPECTION DEPARTMENT ME -11 SALARY OF HEATING INSPECTOR $1370.48 TO BUILDING DEPARTMENT MB -12 SALARY OF STENOGRAPHER $1270.48 AND TO ELECTRICAL INSPECTION DEPARTMENT ME-12 TEMPORARY HELP $100.00; FROM BUILDING DEPARTMENT MB -242 PRINTING AND OFFICE $320.00 TO BUILDING �^ DEPARTMENT MB -725 OFFICE EQUIPMENT $320.00; FROM BUILDING DEPARTMENT MB -362 STATIONERY $100.00 TO BUILDING DEPARTMENT MB -363 OFFICE SUPPLIES $100.00; FROM FIRE DEPARTMENT Q -724 MOTOR EQUIPMENT $2,000.00 TO FIRE DEPARTMENT Q -451 PARTS OF EQUIPMENT $2,000.00; ALL OF THE BUDGET OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR 1955 AND DECLARING AN EMERGENCY. The ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion that the ordinance be referred to the Committee of the Whole bkt ,public hearing on April 25th. Councilman Bestle seconded the motion. Motion carried. ORDINANCE AN ORDINANCE-AMENDING ORDINANCE N0, 2243 COMMONLY KNOWN AS "THE BUILDING CODE OF SOUTH BEND, INDIANA ". 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 25th. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND $600.00 TO BOARD OF HEALTH W -132 PLUMBING EXAMINATIONS $600.00; ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA AND DECLARING AN EXTRAORDINARY EMERGENCY. 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 25th. Councilman Muszynski seconded the motion. Motion carried. RESOLUTION WHEREAS, the Board of County Commissioners of St. Joseph County, Indiana, have under consideration the erection of a county office building to more efficiently and economically serve the citizens of said community and to relieve the acute over- crowding in the present Court House, and WHEREAS, because of the acute and increasing over - crowding now existent in the South Bend City Hall and the obsolescence, deterioration, and over- crowding of that and other municipal and governmental buildings within the city and county, and WHEREAS, because of these and many other considerations, there seems to exist a remarkable opportunity that will not occur again in many, many years to erect these buildings in a civic center grouping that will become the focal point of community pride, increase the efficiency and productivity of governmental employees, and better the citizens of the city and county, Ir^ -f-4 .,, AN 1 059 REGULAR MEETING APRIL 11TH, 1955 RESOLUTION (Continued) NOW, THEREFORE, BE IT RESOLVED that a tilorWh and detailed study be made to determine the most suitable location for the proposed county office building as a major unit within a civic center, to the end that the tax dollar will be spent so that long -term economies will result and the citizens of the area be best served. CLOYD BESTLE Member of the Common Council The Resolution was unanimously adopted by a roll call vote of 8 ayes - 0 nays. F.E.P.C. ORDINANCE A number of persons appeared before the Council urging the adoption of theF.E.P.S. Ordinance. Councilman Muszynski made a motion for the first and second reading of the ordinance, but did not receive a second to the motion. Councilman Muszynski made a motion that the City Attorney give his legal opinion as to the legality of the ordinance. Councilman Niezgodski seconded the motion. Motion carried. NEW BUSINESS Councilman Muszynski made a motion that the traffic light at Western and Walnut Street be investigated by the City Engineer. Councilman Niezgodski seconded the motion. Motion carried. There being no further business before theCouncil, Councilman Hahn made a motion to adjourn, which motion was seconded by Councilman Bestle. Motion carried,-and Council adjourned at 10:35 P.M. •r ATTEST: APPROV CLERK PRESIDENT