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HomeMy WebLinkAbout06-13-55 Council Meeting MinutesI", vVr -- CLER •�+�� --.. 4* *1## *4#* #4 1411041*:* #81 #848088480* #*108 #0*** *i0##*##*4 I* 81111## 4# 18114** 8*l 0148 #481 * #4*## *84 #4* *1 ** * *i1* # #0* REGULAR MEETING JUNE 13TH, 1955 The Common Council of the City of South Bend, Indiana, met in the Council Chamber on the 13th day of June, 1955, at the hour of 8:52 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, Stanley Korpal, Michael Pinter, Cloyd Bestle, Clem Niezgodski, Walter Glass, William 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. Meeting -of May 23rd, 1955. WALTER C. ERLER SR. ) STANLEY C. KORPAL ) Chairman W. A. HAHN ) Councilman Glass made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. COMMUNICATION Mr. Erler and C3entlmen of the Council. June 10, 1955 hl ,. The Altrusa Club is sponsoring its 2nd Annual Hobby Show for older people on June 17 through 19th at 223 South Main Street. You are cordially invited to attend, particularly Friday evening at 7:30 for the opening ceremonies. V r ruly git gi is Guthrie Membe Runci man IHa n ade a mWon that the communication be accepted and pLa etd on file. councilman l�tuszynsKi seconded e motion. - of on carrie . k9OULAR MEET'INB PETITION JUNE 13TH, 1955 Petition of Nora F. Taube, President of the Taube Printing Corporation, to rezone Lots Numbered 40, 41 and 42 as shown on the recorded Revised Plat of Oakland Park, a Subdivision of the City of South Bend, from "B" Residential to "D" Use District Light Industrial and "F" Height and Area District. Councilman Hahn made a motion that the petition be referred to the City Plan Commission. 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 transferring and appropriating from Street Depart- ment S -724 Motor Equipment $16,000.00 to S -43 Street and Alley $10,000.00 and to S -13 Extra and Overtime $6,000.00 and from S -261 Replace Railing L.W.E. $5,500.00 to S -43 Street and Alley $3,500.00 and to S -13 Extra and Overtime $2,000.00 and from S -331 Gasoline and Diesel Fuel $10,000.00 to S -451 Parts of Equipment $10,000.00; all of the budget for the Civil City of South Bend, Indiana for 1955 and declaringan extraordinary 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 Korpal 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 appropriating from Street and Traffic Fund $65,000.00 to Street Department S -269 Other Contractual Services $60,000.00 and to S -13 Extra and Overtime $5,000.00; all of the budget for the Civil City of South Bend, Indiana for 1955 and declaring an extraordinary 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 Korpal made a motion that the report be accepted. Councilman Glass seconded the motion. Motion carried. REPORT OF THE CITY-CONTROLLER OF THE CITY OF SOUTH BEND FOR THE MONTH OF MAY, 1955. Balance on hand first of month . . . . . . . 0 . . . . . . . . . . . $ 2,837,296.16 Receipts during month . . . . . . . . . . . . . . . . . . . . . . . . . . . . 764,162.27 Disbursements . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . 0 915, 745.82 Balance . . . . . . . 0 . . . . . . . . . . . . 0 . . . . . . . . . . . . . $ 2,685,712.61 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Hahn seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South Bend June 6, 1955 South Bend, Indiana Gentlemen: Petition referred to Planning Commission under date of May 11, '55, being the petition of Mae Brugh to change the zoning on property known as the "Oaks" and situated at 3222 East Jefferson Boulevard, from "A" Residential to "B" Residential Use District, was legally advertised under date of May 27, '55 and given public hearing before your Planning Commission under date of June 2, '55. The Commission found that (1) There is no community need for "B" Residential in this area. (2) Such change would bestow upon this one property conditions not shared by surrounding properties. (3) That, therefore, the granting of petition would constitute spot zoning. Said petition is, therefore, not 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 Glass seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (3222 E. Jefferson Blvd. - known as the "Oaks ") 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 lost by a roll call vote of 0 ayes - 8 nays. REGULAR MEETING JUNE 13TH, 1955 REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South Bend June 6, 1955 South Bend, Indiana Gentlemen: The petition of First Bank and Trust Company of South Bend to amend the district may of zoning ordinance, as it applies to land in the Revised Plat of Broadmoor Third Addition, from "C" Commercial and "D" Height and Area District to "B" Residential and "B" Height and Area District, said land lying West of Catherwood Drive between Ireland Road and Alpine Avenue, was legally advertised under date of May 27, '55, and given public hearing, before the Planning Commission, held under date of June 2, '55. The Commission found that surrounding property is predominantly used and zoned residentially and that residential use is most appropriate for subject property. Above petition is, therefore, favorably recommended. RLH:aed Attachment Very truly yours, CITY PLANNING COMMISSION Robert L. Huff Director- Secretary Councilman Korpal made a motion that the report be accepted. Councilman Hahn seconded the motion. Motion carried. ORDINANCE NO. 4048 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (West of Catherwood Drive.between Ireland Road and Alpine Drive) The ordinance was given first reading by title and gecond 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. ORDINANCE NO. 4049 -AN ORDINANCE TRANSFERRING AND APPROPRIATING FROM STREET DEPARTMENT S -724 MOTOR EQUIPMENT $16,000.00 TO S -43 STREET AND r. ALLEY $10,000.00 AND TO S -13 EXTRA AND OVERTIME $6,000.00 AND FROM S -261 REPLACE RAILING L.W.E., $_5500,.00 T0, S_ -43 STREET AND ALLEY $ 500,.00 AND TO S. -13 EXTRA AND OVERTIME. $2000.00 AND FROM S -331 GASOLINE AND DIESEL. FUEL $10,000.00. TO S -451 PARTS OF EQUIPMENT $.10,000.00;. ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA-FOR 1955 AND DECLARING AN EXTRAORDINARY EMERGENCY. The ordinance c!as given third reading and passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE NO. 4050 AN ORDINANCE APPROPRIATING FROM STREET AND TRAFFIC FUND $65,000.00 TO STREET DEPARTMENT S -269 OTHER CONTRACTUAL SERVICES $60,000.00 AND TO S -13 EXTRA AND OVERTIME $5000.00; ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA FOR 1955 AND DECLARING AN EXTRAORDINARY EMERGENCY. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE NO. 4051 AN ORDINANCE AUTHORIZING THE INSPECTOR OF THE DEPARTMENT OF SUB - STANDARD BUILDINGS AND DWELLINGS OF THE CITY OF SOUTH BEND TO REMOVE OR DEMOLISH A CERTAIN DWELLING KNOWN AS NO. 606 WESTERN AVENUE IN THE CITY OF SOUTH BEND, INDIANA. The ordinance was given third reading and passed by a roll call vote of 6 ayes (Councilmen Erler, Korpal, Pinter, Glass, Hahn and Muszynski) - 2 nays (Councilmen Bestle and Niezgodski). ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS "THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA ". 1 "C -2" Planned Shopping Center District) The letter regarding the proceedings of the last Council meeting from Mr. Erler to Mr. Huff was read. Mr. Robert L. Huff Director of Planning City Plan Commission May 25th, 1955 South Bend, Indiana My dear Mr. Huff: REGULAR MEETING JUNE 13TH, 1955 (Letter from Mr. Erler to Mr. Huff continued) In as much as the proposed Ordinance establishing C -2 Zoning does not follow the rules of procedure for passing an ordinance and inas much as the ordinance has never had the Second Reading in full as presented to the Council originally, which of course is required before amendments, engrossments or passage, it is my opinion that this ordinance has not been adopted by the Council. To properly clear the procedure on this, it will be necessary to re- present it to the Council. Very truly yours, COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WHE:h By /s/ Walter C. Erler, Sr., President Councilman Korpal made a motion that the report be accepted and placed on file. Councilman Bestle seconded the motion. Motion carried, Councilman Korpal made a motion invalidating the proceedings following the first reading of the ordinance as presented to the Council at the last meeting. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 8 ayes - 0 nays. The ordinance was given second reading in full. Councilman Glass made a motion that the ordinance be referred to the Ordinance Committee. Councilman Korpal seconded the motion. Motion carried. 5 MINUTE RECES$ - 9:25 P.M. Councilman Niezgodski made a motion for a five minute recess. Councilman Muszynski seconded the motion. Motion carried. RECONVENED MEETING - 9:37 P.M. The Clerk read the report of the Ordinance Committee. Councilman Hahn made a motion that the Ordinance Committee's report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. Councilman Korpal made a motion that the ordinance be amended as recommended by the Ordinance Committee. Council- man Muszynski seconded the motion. Motion carried. Before the third reading of the ordinance, the proponents and opponents were given an opportunity to be heard. The ordinance, as amended, was given third reading and lost by a roll call vote of 4 ayes (Councilmen Korpal, Pinter, Niezgodski and Muszynski) - 4 nays (Councilmen Erler, Bestle, Glass and Hahn). ORDINANCE AN ORDINANCE TRANSFERRING AND APPROPRIATING FROM F -11 SALARY OF COUNCILMEN $1,000.00 AND FROM.H -11 OFFICE OF THE BOARD, SALLARY OF SURGEON $300.00 TO C -11 OFFICE OF CITY CLERK,,SERVICES PERSONAL, SALARY OF OFFICE CLERK $1,300.00; ALL OF THE BUDGETi.FOR THE CIVIL CITY OF SOUTH BEND, INDIANA FOR 1955 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 set for public hearing on June 27th._ Councilman Bestle 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 Rieth -Riley Construction Company, Inc., South Bend, Indiana, for construction of Portland Cement, Concrete Base Widening and Hot Asphaltic Concrete Resurfacing on Olive Street, at the contract price of $81,231.45 is confirmed and approved. CHESTER E. MUSZYNSKI Member of the Common Council The Resolution was adopted by a roll call vote of 8 ayes - 0 nays. 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 Rieth -Riley Construction Company, Inc., for the construction of improvement on Olive Street from Linden Avenue to Lincolnway West, for the contract price of $103,859.82, is confirmed and approved. W. A. HAHN Member of the Common Council The Resolution was adopted by a roll call vote of 8 ayes - 0 nays. REGULAR MEETING JUNE 13TH, 1955' R E S O L U T I O N WHEREAS: God in His Infinite Wisdom has called from this life, ALDEN J. SCOTT, father of Mayor John A. Scott, and WHEREAS: his untimely death has brought much grief and sorrow to his wife, Mrs. Jennie Scott, his sons, John A. Scott and Clarence E. Scott, NOW, THEREFORE, BE IT RESOLVED; That we, the Common Council of the City of South Bend, do hereby extend to our Mayor John A. Scott and the entire family of Alden J. Scott, our sincere sympathy in this, their deepest hour of sorrow, and BE IT FURTHER RESOLVED that a page be set aside in the Council Records in the City of South Bend and this Resolution be copied therein and a copy duly certified by the Clerk be sent to the Mayor and his family. WALTER C. ERLER SR. STANLEY C. KORPAL WALTER G. GLASS MICHAEL R. PINTER CLOYD BESTLE CLEM NIEZGODSKI W. A. HAHN CHESTER E. MUSZYNSKI PASSED by the Common Council of the City of South Bend, Indiana, June 13, 1955. EVELYN M. HENNESSY, City Clerk 4 Attest: WALTER C. ERLER SR., President of the Common Council. The Resolution was adopted by a roll call vote of 8 ayes - 0 nays. REGULAR MEETING RESOLUTION JUNE 13TH, 1955 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 Reed Construction Company for the construction of a Portland Cement Concrete Pavement widening and Hot Asphaltic Concrete Re- Surfacing on-Eddy Street.from Sorin Street to South Bend Avenue, for the contract price of $44,891.50, is confirmed and approved. MICHAEL R. PINTER Member of the Common Council The Resolution was adopted by a roll call vote of 8 ayes - 0 nays. 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 Rieth -Riley Construction Company, Inc., for the construction of street improvement on Sample Street as per Contract No. 1, for the contract price of $17,537.00, is confirmed and approved. WALTER G. GLASS Member of the Common Council The Resolution was adopted by a roll call vote of 7 ayes (Councilmen Erler, Korpal, Pinter, Bestle, Niezgodski, Glass and Hahn) - 1 nay (Councilman Muszynski). NEW BUSINESS Councilman Korpal made a motion that the Council recommend to the Building Commissioner that he withhold any permits for construction of shopping centers until the "C -2" ordinance is adopted. Councilman Niezgodski 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 Bestle. Motion carried, and Council adjourned at 11 :00 P.M. ATTEST: fa, A . d CLER APPROVED: PRESIDENT