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HomeMy WebLinkAbout08-13-56 Council Meeting MinutesCLERK REGULAR MEETING AUGUST 13th, 1956 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chamber, Monday, August 13, 1956, at 7 :29 P.M. (C.S.T. - 8 :29 P.M., C.D.S.T.) with all members present. The Meeting was called to order by President Stanley C. Korpal, who presided. 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. STANLEY C. KORPAL JULIUS B. CHRISTMAN, JR. Committee GEORGE CARR Meeting of July 27, 1956. Councilman Kroll made a motion that the report be accepted and placed on file. Motion seconded by Councilman Hahn. Motion carried. PET.- ITION' Petition of Otto A. Baker, et al, to annex a parcel of land approximately 25.7 acres in Clay Township to the City of South Bend, Indiana. Motion by Councilman Hahn that the petition be referred to the City Plan Commission. Motion seconded by Councilman Carr. Motion carried. PETITION Petition of John Sokol, et al., to clarify the zoning classification of lots 112, 113, and 114 of Walnut Second Addition situated at the Northwest corner of Prairie Avenue and Nash Streets. Motion by Councilman Kroll that the petition be referred to the City Plan Commission. Motion seconded by Councilman Erler. Motion-carried. PETITION Petition of Matthew and Ted Sieracki to rezone Lots 124 and 125 in LaSalle Park addition from "B" Residential to "C" Commercial. Motion by Councilman Kroll that the petition go to the Council as favorable. Motion seconded by Councilman Carr. Motion carried. REGULAR MEETING REPORT OF CITY CONTROLLER FOR THE MONTH OF JUNE, 1956 TO: The Council AUGUST 13TH, 1956 Balance on hand first of month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .$2,677,470.19 Receipts during month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,834,458.06 Disbursements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,235,850.73 Balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,274,574.53- Motion by Councilman Hahn that the report be accepted and placed on file. Motion seconded by Councilman Kroll. Motion carried. REPORT OF 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 authorizing the City Controller of the City of South Bend, Indiana, to make a loan of $30,000.00 from the State of Indiana, or other Government Agency, for the purpose of making a sewer survey of the City of South Bend, Indiana, " as amended, respectfully report that they have examined the matter and that ifa their opinion it should be reported favorable. George W. Carr, Chairman Motion by Councilman Kross, seconded by Councilman Hahn, that the report be accepted and placed on file. Motion carried. REPORT OF 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 $360.00 from Services 242 City Plan Commission to Properties 724 - Motor Equipment City Plan Commission; all of the Budget for 1956 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 it should be reported favorable. George W. Carr, Chairman Motion by Councilman Erler, seconded by Councilman Muszynski, that the report be accepted and placed on file. Motion carried ORDINANCE NO. 4108 AN ORDINANCE AUTHORIZING THE CITY CONTROLLER `OF THE CITY OF SOUTH BEND, INDIANA, TO MAKE A LOAN OF $30,000.00 FROM THE STATE OF INDIANA, OR OTHER GOVERNMENT AGENCY, FOR THE PURPOSE OF MAKING A SEWER SURVEY OF THE CITY OF SOUTH BEND, INDIANA The Ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE NO. 4109 AN ORDINANCE TRANSFERRING AND APPROPRIATING $360.00 FROM SERVICES 242 CITY PLAN COMMISSION TO PROPERTIES 724 - MOTOR EQUIPMENT CITY PLAN COMMISSION; ALL OF THE BUDGET FOR 1956 OF THE CIVIL CITY OF SOUTH BEND, INDIANA, AND DECLARING AN EMERGENCY. The Ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. COMMITTEE REPORTS: REPORT OF THE ORDINANCE COMMITTEE: To the Common Council of the City of South Bend: Your Committee on Ordinances, to whom was referred "An Ordinance amending Ordinance No. 3702, Commonly Known as 'The Zoning Ordinance of the City of South Bend, Indiana' (relative to fences and walls), respectfully report that they have examined the matter and that in their opinion it should be reported unfavorable. George W. Carr, Chairman Motion by Councilman Glas7that the.report be accepted and placed on file. Motion seconded by Councilman Hahn. Motion carried. REPORT OF THE ORDINANCE COMMITTEE To the Common Council of the City of South Bend: Your Committee on Ordinances, to whom was referred " An Ordinance Creating the South Bend Redevelopment Commission" respectfully report that they have examined the matter and that in their opinion it should be reported favorable. George W. Carr, Chairman Motion by Councilman Erler, seconded by Councilman Carr, that report be accepted and placed on file. Motion carried. Motion by Councilman Kroll, seconded by Councilman Muszynski, that the Ordinance be set for public hearing on Sep- tember 24, 1956. Motion carried. REPORT OF CITY PLAN COMMISSION: The Honorable Common Council City of South Bend August 3, 1956 South Bend, Indiana Gentlemen: Attached ordinance creates an additional section which will give the Board of Zoning Appeals very limited discretion- ary power to grant exceptions to the district regulations under specified conditions. Chapter 174, Acts of 1947, constitutes enabling legislation for said exceptions. REGULAR MEETING (continued) AUGUST 13TH, 1956 The Ordinance was initiated by your Planning Commission, and after public hearing, duly advertised, is favorably recommended. Very truly yours, Robert L. Huff Director - Secretary RLH:aed Attachment: Ordinance Section 18 e. Councilman Carr made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached ordinance originated by your City Planning Commission was legally advertised under date of 23 July, 1956, and public hearing held on 2 August, 1956. The area involved is zoned either light or heavy industrially and used predominantly residentially. After due consideration, the Commission unanimously recommends its adoption. RLH•aed Very truly yours, Robert L. Huff Attachment,: Ordinance Councilman Carr made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. REPORT OF-- CITY PLAN COMMISSION: The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached ordinance amending Ordinance No. 3702, and particularly Section 4 -B, known as the "C -2" Planned Shopping Center District, was legally advertised on 23 July, 1956, and heard at public hearing on 2 August, 1956, The intent of the amendment is to clarify the ordinance in light of the judgment and decree of Superior Court No. 2, in Cause No. A- 825, being Topping, et al, versus Municipal City of South Bend, Indiana, the South Bend City Planning Commission, and Herman N. Light. The attached ordinance is unanimously recommended by your Planning Commission for adoption. The,.-supplementary-sheets attached show the deletions from Section 4 -B, as now exists, by a line drawn through same; the additions are similarly underlined. Very truly yours, Robert L. Huff Director- Secretary RLH:aed Attachments: Ordinance Supplementary sheets. Councilman Carr made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. ORDINANCE AN ORDINANCE TO AMEND ORDINANCE NO. 3702 AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY 0 F SOUTH BEND, INDIANA (Limited discretionary power to Board of Zoning Appeals to grant exceptions) The Ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion that the Ordinance be set for public hearing on September 10, 1956. Councilman Glass seconded the motion. Motion carried. ORDINANCE NO. 4110 AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED The Ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion to amend the Ordinance to read "Lots on BOTH sides of Indiana Avenue ", instead of "Lots on EITHER side of Indiana Avenue ". Councilman Tellson seconded the motion. Motion carried, by a..roll.call vote of "9 ayes, 0 nays. Motion by Councilman Muszynski for suspension of rules. Motion seconded by Councilman Carr. Motion carried by a roll call vote of 9 ayes, 0 nays. The Ordinance was given third reading and passes by a roll call vote of 9 ayes, 0 nays. ORDINANCE AN ORDINANCE TO AMEND ORDINANCE NO. 37025P AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Planned Shopping Center) The Ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion for suspension of rules. Councilman Muszynski seconded the motion. Upon roll call vote, 6 ayes, 3 nays, the motion for suspension of rules was lost. Councilman Hahn made a motion that the Ordinance be set for public hearing on September 10, 1956. ;Councilman Carr seconded the motion. Motion carried. REGULAR MEETING (continued) (1RT1TTT41�T('F AUGUST 13TH, 1956 AN ORDINANCE AMENDING GENERAL ORDINANCE NO. 3702, OF THE CITY OF SOUTH BEND, SECTION 4 THEREOF PROVIDING FOR THE RATES OF FARE, AND SECTION 29 THEREOF PROVIDING FOR MONTHLY INSPECTION, ACCURATE TAXI METER PREREQUISITE TO ISSUANCE OF LICENSES, AND PROHIBITION OF DRIVING OF TAXICAB WITH UNAPPROVED TAXI METER. The ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion that the Ordinance be set for public hearing on September 10, 1956. Councilman Carr seconded the motion. Motion carried. RESOLUTION A RESOLUTION DETERMINING TO COOPERATE WITH THE HOUSING AUTHORITY OF THE CITY OF SOUTH BEND IN THE DEVELOPMENT AND ADMINISTRATION OF LOW -RENT HOUSING PROJECTS, APPROVING A FORM OF CONTRACT WITH THE HOUSING AUTHORITY OF THE CITY OF SOUTH BEND, INDIANA, WITH RESPECT THERETO, AND AUTHORIZING THE EXECUTION THEREOF. Motion by Councilman Carr that the Resolution be referred to the Ordinance Committee. Motion seconded by Councilman Erler. Motion carried. RESOLUTION ORDINANCE WHEREAS, many building code regulations allow the use of certain materials and methods of construction to the exclusion of others which are equally suitable in spite of the fact that:the laws of engineering and the basic sciences recognize no geographical boundaries, and, WHEREAS, there have been no commonly acceptable equitable means established for evaluating the suitability of materials and methods of construction to provide for whatever economic benefits might be derived from the use of many materials and various manufactured products because of technically discriminative code provisions, and, WHEREAS, there has been no commonly, nor, generally accepted terminology for the writing of building code regulations, which fact adds further confusion in the interpretation of the various codes by law enforcement agencies, engineers, architects, contractors, manufacturers, and the public, and, WHEREAS, all elements of the building industry, the Chamber of Commerce of the United States, as well as the building officials and the public are cognizant of the urgent need for a code unification program, which calls for the abandonment of conflicting regulations contained in the multitudinous building codes now in use, and, WHEREAS, this program can best be carried out by narrowing the number of building codes now in use down to one of the four nationally recognized building codes, and, WHEREAS,_it is the consensus of this Board of Public Works and Safety that this general premise is sound and proper and that the Basic Building Code promulgated by the Building Officials Conference of America, Inc., is the one of the four nationally recognized codes _w4ch, in our opinion, will best serve our purpose, NOW, THEREFORE BE IT RESOLVED, that this Board respectfully recommend to His Honor the Mayor and to the Honorable Members of the Common Council of the City of South Bend that the Basic Building Code be carefully studied by a committee of all interested parties with the Building Commissioner acting as Chairman, with the objectives of adapting it to our needs and its being ultimately adopted as the official building code of the City of South Bend. BOARD OF PUBLIC WORKS AND SAFETY /s/ Irving J. Smith /s/ Frank J. Bruggner /s/ R. S. Andrysiak Motion by Councilman Muszynski that the Resolution be accepted and placed on file. Motion seconded by Councilman Kroll. Motion carried. AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS "THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA" (Fences and walls) The Ordinance was given third reading and lost by a roll call vote of 8 nays, l aye (Councilman Muszynski). OLD BUSINESS The residents of the 1900 Blmck, with their Attorney, Roger Gay, appeared before the Council protesting against the damage to their properties caused by the torrential rains which have washed sand, gravel and debris from the property South of them, which is in construction. They stated that the alley is in such poor condition that they were unable to use their garages. Water and sand washed into their basements, tore out shrubs and ruined lawns. Councilman Carr had made an inspection of this area prior to the Council Meeting and made a motion that City Engineer'i Andrysiak take whatever action he could to alleviate this situation. Motion seconded by Councilman Kroll. Motion Carried and Mr. Andrysiak promised to repair the alley at once. OLD BUSINESS: Councilman Glass asked Mr. Irving J. Smith, City Attorney, what progress had been made toward curbing the use of fireworks. Mr. Smith stated that he had written for copies of Model Ordinances pertaining to fireworks and would take the matter up with the Council as soon as the information was received. NEW BUSINESS: Councilman Christman asked that action be taken by the Board of Public Works and Safety, or whatever department would be responsible for the condition of the property on BQrtage Avenue, between King and Queen Streets, which has been used as a dumping ground, and further stated that the property is infested with rats:. Mr. Christman then made a 1164 'R GULAR MEETING AUGUST 13th, 1956 motion that action be taken to notify the owner of the property that it was his responsibility to alleviate this situation. Councilman Carr seconded the motion. Motion carried. NEW BUSINESS Councilman Kroll requested that a survey be made of the traffic situation at Prast and Olive Streets. He stated that the traffic coming from Bendix fail to stop at the intersection. Mr. Smith assured Mr. Kroll that the matter would be given immediate attention. There being no further business before the Council, Councilman Carr made a motion to adjourn. Councilman Tellson seconded the motion. Motion carried and the meeting adjourned at 10:04 C.D.S.T. (9:04 C.S.T.) If ATTEST: APPROVED: -4"-44 CLERK PKESIDENT