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HomeMy WebLinkAbout07-25-55 Council Meeting MinutesREGULAR MEETING JULY 25TH, 1955 The Common Council of the City of South Bend, Indiana, met in the Council Chamber on the 25th day of July, 1955, at the hour of 8:14 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 July 11th, 1955. WALTER C. ERLER SR. STANLEY C. KORPAL WILLIAM A. HAHN Councilman Muszynski made a motion that the report be accepted and placed on file. the motion. Motion carried. COMMUNICATION Committee Councilman Bestle seconded Communication received from Frank N. Wallace, State Entomologist, regarding the Japanese beetle situation in South Bend. Councilman Korpal made a motion that the communication be accepted and placed on file. Councilman Niezgodski seconded the motion. Motion carried. Councilman Niezgodski made a motion that the City Attorney prepare an ordinance to appropriate funds to take care of half the cost of material. Councilman Muszynski seconded the motion. Motion carried. REPORT OF ORDINANCE COMMITTEE ON "TIME" Mr. President and Members of the Council: N The Ordinance Committee which has been appointed to study the question of a "Time Referendum" wishes to submit the following report: The Ordinance Committee met and received the attached communication from the County Clerk in regard to a.Referendum on "Time ", which is self - explanatory. The Ordinance Committee, therefore, reports that in its opinion a "Time Referendum' at.thirs time would be impractical because of the cost involved. WILLIAM A. HAHN STANLEY C. KORPAL WALTER C. ERLER SR. Ordinance Committee Mr. C. J. Pajakowski Clerk, St. Joseph County Circuit Court February 24, 1955 South Bend, Indiana Dear Mr. Pajakowski: We are in receipt of your letter in which you raise the question about putting the matter of Central Standard Time or Eastern Standard Time on the ballot for referendum. These questions come up often in regard to many matters of municipal interest. As we understand it, there is no law covering a referendum for this purposes, and that, therefore, the referendum must be a voluntary one. We have had this same situation presented many times before on various matters, and it has always been our suggestion that the referendum may be takenMne of two ways. After the ballots have been printed on which the question is presented to the voters, the ballots may either be handed out and counted by the various precinct election boards, if they are willing to do so without extra charge, or if the precinct election board will not assume this responsibility, then it will be necessary to have the ballots handed to the voters outside the precinct polling placed, thus permitting them to vote if they so desire. A separate ballot box should be provided in which to place the referendum ballots. The ballots could then be counted by the precinct board members, if they are willing, or if not, by whomsoever may be selected to count them. If the referendum balloting is not taken care of by the precinct board, then there should be one representative for the proposition submitted and one against it to take charge of the delivery of ballots to the voters as they come up to the polls and then to count the ballots. The expense of the referendum W6ii18 have to be met privately and all arrangements made by those interested in submitting the referendum to the voters. If the referendum is to be handled by the various precinct election boards, then, of course, it might be well to consult the county election board to get its approval of your plan. However, if the referendum is not so held, then, of course, it will not be necessary to take up the matter with such board. We trust the above will fully answer your inquire but if not, we would be glad to give this matter further attention. JEN /dw (Continued) Very truly yours, JAMES E. NOLAND, Member State Election Board 1087 REGULAR MEETING REPORT OF ORDINANCE COMMITTEE ON "TIME" (Continued) JULY 25TH, 1955 Councilman Niezgodski made a motion that the Report of the Ordinance Committee be accepted and placed on file. Councilman Bestle seconded the motion. Motion carried. whether Proponents and opponents were given an opportunity to be heard on the Resolution /to establish Central Standard or Eastern Standard Time in South Bend. T?PQM_TTTTnM WHEREAS, pursuant to a resolution adopted by the Common Council of the City of South Bend, Indiana the commencement of the activities of industry, business, commerce, departments of government, schools, churches and courts was advanced one hour earlier than customary in harmony with Eastern Standard Time from and after 2:00 o'clock A.M. on November 28, 1954, and WHEREAS, it has become apparent that the extension of Daylight Saving Time through the winter months works a hardship upon a large segment of people, particularly children of school age, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CIVIL CITY OF SOUTH BEND AS FOLLOWS: The people of the City of South Bend, and its environs, schools, churches, governmental units and departments of governments, courts, business, commerce and industry are requested for the sake of uniformity from and after 2:00 o'clock A.M. on the last Sunday in Octobet of each year to 2:00 o'clock A.M. on the last Sunday in March of each year to commence each day and conduct all business in conformity with Central Standard Time, and from 2:00 o'clock A.M. on the last Sunday in March of each year to 2:00 o'clock A.M. on the last Sunday in October of each year to commence eAoh day and conduct all business one hour earlier than is customary, in harmony with Eastern Standard Time. WALTER C. ERLER SR. Member of the Common Council The Resolution was read by the Clerk and adopted Uy a roll call vote of 7 ayes (Councilmen Erler, Korpal, Pinter, Bestle, Niezgodski, Hahn and Muszynski) - 1 nay (Councilman Glass). ORDINANCE NO. 4055 AN ORDINANCE AMENDING SECTION 22 OF CHAPTER OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1949, eHANGING THE TIME OF REGULAR MEETINGS OF THE COMMON COUNCIL. The ordinance was given third reading and passed by a roll call vote of 7 ayes (Councilmen Erler, Korpal, Pinter, Bestle, Niezgodski, Hahn and Muszynski) - 1 nay (Councilman Glass). REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South Bend South Bend, Indiana July 22, 1955 Gentlemen: Attached ordinance entitled, "C -2" Planned Shopping Center District, amending Ordinance No. 3702, was legally advertised under date of July 12`, 1955, and had public hearing before the City Planning Commission under date of July 21, 1955. The ordinance is recommended favorably. RLH: aed Attachment Very truly yours, CITY PLANNING COMMISSION Robert L. Huff Director - Secretary Councilman Hahn made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE NO. 4056 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. ("C -2" Planned Shopping Center District) 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. 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. REGULAR MEETING REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: July 22, 1955 JULY 25TH, 1955 _� 1P Attached ordinance requiring that a Certificate of Occupancy be issued by the Building Commissioner after his determination that a structure meets the requirements of the Zoning Ordinance, was legally advertised under date of July 12, 1955, and given public hearing under date of July 21, 1955. This is not a new practice. The Building Code of South Bend requires that a Certificate of Occupancy be issued when it is determined by the Building Commissioner after final inspection, that all State and local codes have been complied with. Attached ordinance merely reaffirms these Sections State and local building codes. RLH:aed Attachment Very truly yours, CITY PLANNING COMMISSION Robert L. Huff Director - Secretary Councilman Korpal made a motion that the report be accepted and placed on file. Councilman Muszynski 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. (Certificate of Occupancy) The ordinance was given first reading by title and second reading in full. Councilmen Glass made a motion for suspension of rules. Councilman Hahn seconded the motion. Motion lost by a roll call vote of 5 ayes (Councilmen Erler, Bestle, Niezgodski, Glass and Hahn) - 3 nays (Councilmen Korpal, Pinter and Muszynski). Councilman Korpal made a motion that the ordinance be rdferred to the Ordinance Committee. (Councilmen Hahn, Erler and Korpal). ORDINANCE AN ORDINANCE ESTABLISHING A CUMULATIVE SINKING FUND TO BE KNOWN AS THE TRACK ELEVATION FUND UNDER CHAPTER 192 OF THE ACTS OF 1955 GENERAL ASSEMBLY OF THE STATE OF INDIANA. 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 August 8th. Councilman Niezgodski seconded the motion. Motion carried. NEW BUSINESS Councilman Korpal� made a motion that the..Board of Public Works and Safety instruct the PoliceDepartment to take necessary steps..to stop the Armour Company on So. Chapin St. from blocking the sidewalk in front of their plant. Councilman Muszynski seconded the motion. Motion carried. (Pictures attached to MEMO to Board of Works). Mr. Robert L. Miller, Attorney, appeared before the Council in behalf of the Monroe School District Property Owners' Association to ask what the City is doing to compel the co- operative to bring the property up to standards. There being no further business before the Council, Councilman Hahn made a motion to adjourn, which motion was seconded by Councilman Muszynski. Motion carried, and Council adjourned at 9:19 P.M. ATTEST: CIE APPROVED: PRESIDENT