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