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HomeMy WebLinkAbout09-23-57 Council Meeting MinutesREGULAR MEETING SEPTEMBER 23, 1957 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers, Monday, September 23, 1957, at 8:52 P.M., with all members present. President Stanley C. Korpal called the meeting to order and presided. ROLL ,CALL: PRESENT: Councilmen Korpal, Carr, Tellson, Christman, Kroll, Glass, Hahn, Erler and Muszynski. ABSENT: None. MINUTES: 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 G. W. Carr South Bend, Ind., September 23, 1957 'Minutes of Regular Meeting, September 9, 1957. ,Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Hahn seconded the motion. Motion carried. COMMUNICATION• NORTHERN INDIANA MOTOR CARRIERS ASSOCIATION, INC. OLIVER HOTEL SOUTH BEND, 1, INDIANA Phone Central 4 -4818 File No. REGISTERED 'Mr. Stanley C. Korpal, President South Bend Common Council City Hall ;South Bend, Indiana Dear Mr. Korpal: 'In reference to your letter of September 16th forwarding billing by 0. J. Shoemaker, Inc., for repair of the water ,connections break on South Olive Street, our organization has no choice but to reject responsibility in the strongest 'possible terms. We did, as you kngw,'suggest that this Association assume part of the expense in the event of damage during the so- calle "test period" for intra -city trucks on Olive Street if there were indications of our responsibility. ;We do not have any intention of repudiating any agreement which we made, however informal. But on August 14., 1957, an engineering report from C1yde.E. Williams and Associates, Inc., said of this break: "The service connection leak appears to be one that might have occurred anywhere due to circumstances beyond anyone's control. With a 2 1/2" thick cushion of consolidated sand over the point of the break, it does not appear'�fihat truck traffic was transmitting any unusual load on the service connection. Failure most likely occurred due to age and deterioration of the thin wall lead pipe." Deatailed copies of this report were sent proper city authorities and it has never been questioned. Secondly, since the very existence of the informal agreement regarding Olive Street truck traffic, of which this discussion was a part, has been denied, we must relectantly assume that the concessions which we made have been negated along with parts of the discussion which applied to other parties concerned. Finally we find it puzzling that repairs on private property are billed to the South Bend Water Works, rather than to the householder. Consequently, we are returning the enclosed invoices for your action. Sincerely, /s/ Homer W. Fitterling Homer W. Fitterling Enclosures: 3 cc: Mayor Edward F. Voorde Howard A. Noble Councilman Kroll made a motion that the communication be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. COMMUNICATION: To the Common Council of the City of South Bend, Indiana. Gentlemen: I hereby petition your honorable body to annex the following described property and declare the same to be a part of the City of South Bend, Indiana: 284 2/10 acres, more or less, between Ewing Avenue and Ireland Road along Ironwood Road to the City Limits. /s/ Stanley C. Korpal, Councilman Erler made a motion that the communication be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. REGULAR MEETING PETITION SEPTEMBER 23, 1957 Petition of James Borden, et al, to rezone land at the Southwest corner of Bulla and Anderson Avenue, in the City of South Bend, Indiana. Councilman Christman made a motion that the petition be referred to the City Planning Commission. Councilman Carr seconded the motion. Motion carried. CONTROLLER'S REPORT FOR THE MONTH OF AUGUST, 1957: Balance on hand August 1, 1957 ........................ ............................... ..................$3,528,417.08 Receipts........................... ................................. ............................... .$4,631,514.49 Disbursements ......................................... ............................... ..................$1,632,313.07 Balance on hand September 1, 1957 ..................... ............................... ..................$2,999,201.42 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Kroll 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 as referred AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND $512.00 TO OFFICE OF CITY JUDGE, ACCOUNT E -727 LAW BOOKS, ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR 1957, AND DECLARING AN EXTRAORDINARY EMERGENCY, Respectfully report that they have examined the matter and that in their opinion; it should be reported favorable. /s/ George W. Carr, Chairman Councilman Te,llson made a motion that the report be accepted and placed on file. Councilman Hahn 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 FROM POLICE PENSION FUND Z -532, PENSIONS OF POLICEMENT BECOMING ELIGIBLE DURING YEAR, THE SUM OF $1800.00 TO POLICE PENSION FUND ACCOUNT Z -534, DEATH BENEFITS ALL OF THE BUDGET FOR THE YEAR 1957 OF THE CIVIL CITY OF SOUTH BEND, INDIANA, AND DECLARING AN EXTRAORDINARY EMERGENCY, Respectfully report that they have examined the matter and that in their opinion it should be reported favorable. /s/ George W. Carr, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Carr seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE: To the Common Council of the City of South Bend: Yo4r Committee of the Whole, to whom was referred ORDINANCE NO. , BEING AN ORDINANCE AMENDING ORDINANCE NO. 3702, AS AMENDED, COMMONLY KNWON AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, Respectfully report that they have examined the matter and that in their opinion it should be reported favorable. /s/ George W. Carr, Chairman Councilman Glass made a motion that the report be accepted and placed on file. Councilman Carr 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 ANNEXING LANDS TO AND DECLARING SAME TO BE A PART OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, Respectfully report that they have examined the matter and that in their opinion it should be set for public hearing October 14, 1957; /s/ George W. Carr, Chairman Councilman Hahn made a motion that the report be accepted and placed on file. 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 TRANSFERRING FROM DOG POUND ACCOUNT K -724, MOTOR EQUIPMENT, $600.00 TO DOG POUND ACCOUNT K -317 DOG FOOD $400.00 AND TO DOG POUND K -38 GENERAL SUPPLIES $200.00, ALL OF THE BUDGET FOR THE YEAR 1957 OF THE CIVIL CITY OF SOUTH BEND, INDIANA, AND DECLARING AN EXTRAORDINARY EMERGENCY, Respectfully report that they have examined the matter and that in their opinion it should be reported favorable. /s/ George W. Carr, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Carr 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 THE GENERAL FUND $600.00 TO OFFICE OF THE MAYOR, ACCOUNT A -214, TELEPHONE & TELEGRAMS', $300.00; AND TO OFFICE OF THE BOARD OF WORKS, ACCOUNT H -214, TELEPHONE AND TELEGRAMS, $300.00, ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR 1957, AND DECLARING: REGULAR MEETING SEPTEMBER 23, 1957 AN EXTRAORDINARY EMERGENCY, Respectfully report that they have examined the matter and that in their opinion it should be reported favorable. /s/ George W. Carr, Chairman Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Carr seconded the motion. Motion carried.: ORDINANCE NO. 4183 AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND $512.00 TO OFFICE OF CITY JUDGE, ACCOUNT E. -727 LAW BOOKS, ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR 1957 AND DECLARING AN EXTRAORDINARY EMERGENCY. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays. ORDINANCE NO. 4184 AN ORDINANCE TRANSFERRIN@ FROM POLICE PENSION FUND ACCOUNT Z -532, PENSIONS OF POLICEMEN BECOMING ELIGIBLE DURING YEAR, THE SUM OF $1800.00 TO POLICE PENSION FUND ACCOUNT Z -534, DEATH BENEFITS, ALL OF THE BUDGET FOR THE YEAR 1957 OF THE CIVIL CITY OF SOUTH BEND, INDIANA, AND DECLARING AN EXTRAORDINARY EMERGENCY. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays. ORDINANCE NO. 4185 '.ORDINANCE NO. 4185, BEING AN ORDINANCE AMENDING ORDINANCE NO. 3702, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE 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. 4186 AN ORDINANCE TRANSFERRING FRO15 DOG POUND ACCOUNT K -724, MOTOR EQUIPMENT $600.00 TO DOG POUND ACCOUNT K -317 DOG FOOD $400.00 AND TO DOG POUND ACCOUNT K -38 GENERAL SUPPLIES $200.00, ALL OF THE BUDGET FOR THE YEAR 1957 OF THE CIVIL CITY OF SOUTH BEND, INDIANA, AND DECLARING AN EXTRAORDINARY EMERGENCY. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays. ORDINANCE NO. 4187 AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND $600.00 TO OFFICE OF THE MAYOR, ACCOUNT A -214, TELEPHONE & TELEGRAMS, $300.00; AND TO OFFICE OF THE BOARD OF WORKS, ACCOUNT H -214, TELEPHONE & TELEGRAMS, $300.00, ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR 1957 AND DECLARING AN EXTRAORDINARY EMERGENCY. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays. REPORT OF CITY PLANNING COMMISSION: The Honorable Common Council City of South Bend, South Bend, Indian': Gentlemen: September 19, 1957 The City Planning Commission under date of September 5, 1957 held a public hearing on the petition of A. Harold and Lucille C. Weber to annex 36.5 acres, more or less, to the City of South Bend, located north of Edison Road and West of Ironwood Drive, at which time the petition was tabled pending duscussion with the owners or optionees relative to park acreage reservation within the annexation area. At a subsequent meeting, held September 13, 1957, no quorum was present. However, the members present were favorable and since there is no mandatory referral from the Council of annexation petitions the following statement was agreed upon: "As total park acreage for recreation within the City of South Bend is far below the recommended minimum standards, we favor the annexation petitioned for by A. Harold & Lucille C. Weber of 36.5 acres, more or less, to the City of South Bend located north of Edison Road and west of Ironwood Drive, but we strongly recommend that before annexation takes place, the City of South Bend obtain an option to purchase within a period of one year from the date of annexation a tract of approximately 5 acres of land to be located by agreement of the Park Board, the owner or owners of subject property and the City Planning Commission." It is anticipated that your Planning Commission will ratify the above action at their next regular or special meeting. Members present: F. R. Henrekin, Raymond S. Andrysiak, and Charles A. Van DeVeire. RLH /mah Yours very truly, CITY PLANNING COMMISSION /s /Robert L. Huff Robert L. Huff, Secretary Councilman Hahn made a motion that the report be accepted and placed on file. Councilman Carr seconded the motion. Motion carried. ORDINANCE NO. 4188 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND STOCKBERGER MACHINERY INC., OF FORT WAYNE, INDIANA, FOR THE PURCHASE OF ONE INGERSOLL -RAND MODEL GR -85 GYRO -FLO GASOLINE DRIVEN PORTABLE COMPRESSOR, F.O.B. SOUTH BEND, INDIANA, FOR THE SUM OF $3,100.00, AS OF SEPTEMBER 23, 1957. The Ordinance was given first reading by title and second reading in full. Councilman Carr made a motion for suspension of rules. Councilman Kroll seconded the motion. Motion carried by a 1271 REGULAR MEETING SEPTEMBER 23, 1957 roll call vote of 9 ayes, o nays. The Ordinance was then given third reading and passed by a roll call vote of 9 ayes, 0 nays. REPORT OF ORDINANCE COMMITTEE: To the Common Council of the City of South Bend: Your Committee on Ordinances to whom was referred AN ORDINANCE PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SOUTH BEND, INDIANA (Lots 45, 46, 62 and 63 in HOMELAND ADDITION), Respectfully report that they have examined the matter and that in their opinion it should be reported unfavorable. /s/ Geo. Carr /s/ W. A. Hahn Committee /s/ Stanley C. Korpal Councilman Tellson made a'motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SOUTH BEND, INDIANA (Lots, 45, 46, 62 and 63 in HOMELAND ADDITION) The Or-dinance'was given third reading and lost by a roll call vote of 9 nays, 0 ayes. OLD BUSINESS. Councilman Glass made a motion that the report received on August 23, 1957 by the Council from the Street Department relative to-cuts on Mishawaka Avenue by the Gas Company be referred to the City Engineer. Councilman Muszynski seconded'fhe motion. Motion carried. NEW BUSINESS: Councilman Muszynski moved that the City Attorney write an amendment to the present City Truck Ordinance No. 3709 to include intra -city trucks. Councilman Kroll suggested that the part of the ordinance stating "trucks on wheels" be changed to "all common carriers ". Councilman Carr seconded the motion. Councilman Erler asked for a roll call vote. Motion carried by a roll call vote of 5 ayes, 4 nays. Councilman Muszynski stated that he would have a report on Hancock Street at the next meeting. Councilman Kroll stated that there were 20 or more residents in the vicinity of the 300 block South Scott Street where the Laundromat Fire occurred, who are protesting the non - conforming use in a "B" Residential District. Mr. Verner Lane, Building Commissioner, explained "non- conforming use ". Mr. Kroll requested Mr. Smith, City Attorney, to prepare an Ordinance governing Laundromats. There being no-fufther business before the Council, Councilman Hahn made a motion to adjourn. Councilman Tellson seconded the motion. Motion carried and the Regular Meeting of the City Council adjourned at 9:51 P.M. ATTEST: C