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HomeMy WebLinkAbout10-28-57 Council Meeting MinutesREGULAR MEETING OCTOBER 28, 1957 Be it remembered that the Common Council of the City of South Bend met`in Regular Session in the Council Chambers, Monday, October 28, 1957, at 10:15 P.M., with all members present. The meeting was called to order by President Stanley C. Korpal, who presided. ROLL CALL: PRESENT: Councilman Korpal, Carr, Tellson, Christman, Kroll, Glass, Hahn, Erler and Muszynski. ABSENT: None. 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. G. W. Carr Stanley C. Korpal Committee Julius B. Christman, Jr. South Bend;-Ind., OCTOBER 28, 1957 Minutes-of Meeting of October 14, 1957. Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Hahn seconded the motion. Motion carried. COMMUNICATION: Mrs. Freda G. Noble City Clerk City of South Bend South Bend, 1, Indiana Dear Mrs. Noble October 25, 1957 With reference to your letter of October 15 regarding Mr. Walter C. White's proposal with regard to trash - burning, you will find enclosed the Minutes of a recent Fire Board of Appeals meeting. As you wilT note, Mr. White was present at the October 25th meeting, and is in accord with the recommendation of the Board as set forth in the Minutes. Very truly yours, FIRE BOARD OF APPEALS /s/ Michael C. Granat MCG:de Michael C. Granat, Sectetary ccs: Hon. Edw'. F. Voorde Mr. Stanley Korpal Fire Chief-,�_,Qndrzejewski Mr. Granat Batt. Ch. Smith ALSO--------------------- - - - - -- MINUTES OF THE MEETING OF THE FIRE BOARD OF APPEALS October 25, 1957 The regular meeting of the Fire Board of Appeals was held in the Office of the Fire Prevention Bureau on Friday, October 25, 1957, at 9:30 A.M. The meeting was called to order by the Chairman, Mr. William Starck. Members present were: Mr. Starck, Mr. Michael Granat, Battalion Chief E. Don Smith. Members absent were: REGULAR MEETING: OCTOBER 28, 1957 Mrs. Thomas L. Arch and Mr. Edward Levin. Also present were Fire Chief Andrzejewski, and Mr. Walter C. White, a citizen interested in the problem at issue. At this meeting the question of trash - burning was discussed at some length and it was the recommendation of the Fire Prevention Bureau as well as the Fire Board of Appeals that a committee be appointed by Mayor Edward F. Voorde to make a complete study of the subject of trash disposal as being handled in other cities. The Fire Board of Appeals' offers its services to act as this Committee if this is in agreement with Mayor Voorde. An attempt will be made by William Starck, Chairman of the Board of Fire Appeals, to contact Mayor Voorde to set up a meeting with the Board and the Fire Prevention Bureau to discuss this problem. A motion for adjournment was made by Battalion Chief Smith, seconded by Mr. Granat, and the meeting adjourned at 11 :00 A.M. Michael C. Granat, Secretary Councilman Tellson made a motion that the communication be accepted and placed on file. Councilman Carr seconded the motion. Motion carried. COMMUNICATION: The Honorable Members of the City Council City Hall South Bend, Indiana Dear Honorable-Members: 1318 Beutter Lane South Bend, 15, Indiana October 21, 1957 Your unanimous vote to annex the area dividing McKinley Terrace from the Edison School area is greatly appreciated by the McKinley Terrace residents who were so vitally interested in the annexation. Your action represents another step in the continued community - minded leadership of the City Council in develop- ing South -Bend on a sound long -term basis. Our current concern is that the city follow through on the completion of Rexford Drive to Victory Drive so that our children can safely attend Edison School. Thank you again for your action and we look forward to your continued interest. Respectfully submitted, /s/ William Aramony William Aramony, Councilman Carr made a motion that the communication be'accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. COMMUNICATION R E S O L U T I O N WHEREAS, It is not the prerogative of the South Bend Chamber of Commerce to comment on the merits of a specific truck': route controversy. However, the ordinance amendments currently before the Common Council reach, in their intent and extent, far beyond the limitations of traffic on a single street, and WHEREAS, the propgsed action does, in effect, threaten to effect nearly every phase of business, employment, and development in the City of South Bend, we feel that the Common Council should pause to look beyond the immediate concern which is' precipitating.this action, and WHEREAS, we have no intention of questioning the right of Common Council to establish truck routing and regulation for; the good of the entire community, we must point out that these proposals might well force the isolation of many businesses and industries from their sources of supply and outlets for their products, and WHEREAS, every business in this community which depends for its operation upon the delivery of goods and services to the homes of our citizens is threatened, THEREFORE, BE IT RESOLVED, that the Board of Directors of the South Bend Chamber of Commerce urge extreme caution in the contemplated action of the South Bend Common Council on truck traffic regulation, keeping clearly in mind the potential far - reaching consequences. While we appreciate the fact that the Common Council has further held out the possibility of clarifying amendments in terms of defining the original sweeping generalization, we must urge the following: 1. That it be kept clearly in mind that the same standards of determination cannot be applied to the vehicles utilized by local retail and service organizations as are used in differentiating types of common carrier equipment. 2. That the potential effect on local traffic be clearly separated from the Common Council's will re- garding common carrier traffic. 3. That the equipment owned and operated independently by local industry be kept in mind while=: regula- tion is contemplated. 4. That the entire question of truck traffic be put in its true perspective as an element in community business, rather than being considered as a rigid application of standards predetermined for one street. 5. That care be exercised to avoid the implication of punitive legislation on the.part of the Common Council, a precedent which, if set in this case, could be disastrous to the entire future of this community and to its reputation throughout the country. In view of the many implications which are by accident or intent, part of this contemplated action, we would urge that the Common Council pause to consider the fact that this action is the broad outgrowth of a narrow problem. And, as a consequence, the implied dangers of this action would seem to warrant cautious and comprehensive study REGULAR MEETING .00TOBER 28, 1957 of all aspects of the amendments and their effects before action is taken, rather than the utilization of opinions formed on the basis of but a single aspect of the much broader problem. It would seem, as well, that study of the entire picture of truck traffic regulation in comparable communities, whose applicability is recognized by all parties concerned, be initiated. Further, we urge that every effort be made for representation in the study by all parties whose business or personal life may be affected, in addition to the parties immediately connected with the controversy, and that all parties be given ample opportunity to become aware of Council action and be heard in the matter. ADOPTED, on this 25th day of October, 1957, at South Bend, Indiana, by THE BOARD OF DIRECTORS S E A L CHAMBER OF COMMERCE OF SOUTH BEND Councilman Carr made a motion that the communication be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. PETITION Petition to annex three strips;'of land from the present city limits east to Hickory Road and North of McKinley Highway. f Councilman Hahn made a motion that the petition be referred to the City Planning Commission. Councilman Carr seconded the motion. Motion carried. CONTROLLER'S REPORT OF SEPTEMBER, 1957 Balance on.hand first of Month ---------------------------------------------------------------- - - - - -- $3,010,727.04 Receipts during month-------------------------------------------------------------------------- - - - - -- $ 793,763.74 Disbursements---------------------------------------------------------------------------------- - - - - -- $11100,118.74 Balance on hand October 1, 1957------------------------------------------------ ------ -- --- --- -- ------ $2,704,372.60 Councilman-Erler made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF BOARD OF PUBLIC WORKS AND SAFETY: The Board of Public Works and Safety received the following report which was in reply to a request by the Board for and investigation: October 28th, 1957 RE: Drewry's Ltd. To the Members of the Common Council: Gentlemen: On the 15th; 16th and 17th of October, 1957, Sgt. R. J. Podell inspected the chimneys at the Drewry Plant: On each occasion he found no soot eminating from the chimneys and less than 2% smoke coming out. On October 23rd, 1957, Sgt. Podell interrigat4 Mr. Nelson Mr. Nelson, the Chief Engineer, and he informed me that smoke seldom is seen coming from the chimneys since they converted to oil fired burners and, in addition, have in operation in the boiler room a moke warning devise and a smoke indicator. The investigation revealed an exceptionally efficient and clean operation. Yours sincerely, ` /s/ Sgt. R. J. Podell R. J. Podell, Sgt. Sanitation Officer Board of Health P;b Councilman Carr made a motion that the report be accepted and placed on file. Councilman Christman seconded the motion. 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 APPROPRIATING FI0 M THE GENERAL FUND $280.00 TO OFFICE OF CITY JUDGE, ACCOUNT 216A TRAVEL EXPENSES - BAILIFF, $200.00 AND TO OFFICE OF CITY JUDGE, ACCOUNT 216B, TRAVEL EXPENSES - PROBATION OFFICER, $80.00, 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/ G. W. Carr, Chairman Councilman Glass made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. 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 APPROPRIATING FROM THE GENERAL FUND $1600.00 TO OFFICE OF CONTROLLER, ACCOUNT B -241 ADVERTISING & PUBLICATION OF NOTICES $400.00, AND TO OFFICE OF CONTROLLER, ACCOUNT B -59 SOCIAL SECURITY $1200.00, 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/ G. W. Carr, Chairman Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Hahn seconded the motion. Motion carried. REGULAR MEETING CREPORT OF COMMITTEE OF THE WHOLE: To the Common Council of the City of South Bend: OCTOBER 28, 1957 Your Committee of the Whole, to whom was referred AN ORDINANCE AMENDING GENERAL ORDINANCE NO. 3510 OF THE CITY OF SOUTH BEND, SECTIONS 1 and 2 THEREOF PROVIDING FOR THE REGULATION OF INTER -CITY TRUCK TRAFFIC, AS AMENDED, Respect- fully report that they have examined the matter and that in their opinion it should be referred to the Ordinance Committee. /s/ G. W. Carr, Chairman Councilman Erler made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. 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 PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SOUTH BEND, (Ironwood Drive North of Edison Road), Respectfully report that they have examined the matter'; and that in their opinion it should be reported favorable. /s/ G. W. Carr, Chairman Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE NO. 4194 AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND $280.00_TO OFFICE OF CITY JUDGE, ACCOUNT E216A TRAVEL.EXPENSES - BAILIFF, $200.00 AND TO OFFICE OF CITY JUDGE, ACCOUNT E 216B, TRAVEL EXPENSES - PROBATION OFFICER, $80.00, 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. ORDINANCE'NO. 4195 AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND $1600.00 TO OFFICE OF CONTROLLER, ACCOUNT B -241 ADVERTISING & PUBLICATION OF NOTICES $400.00, AND TO OFFICE OF CONTROLLER, ACCOUNT B -59 SOCIAL SECURITY $1200.00, 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 rddll call vote of 9 ayes, 0 nays. ORDINANCE NO. 4192 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SOUTH BEND (East of Ironwood Drive, North of Edison Road). The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays. OR'D'INANCE NO. 419`t AN ORDINANCE TO AMEND ORDINANCE NO. 3702 AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (Lot 5 Baker's Sub.) The Ordinance was given first reading by title and second reading in full. Councilman Carr made a motion for sus- pension of rules.' Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 9 ayes, 0 nays. The Ordinance was`then given third reading and passed by a roll call vote of 9 ayes, 0 nays. ORDINANCE NO. 4197 AN ORDINANCE TO CHANGE THE NAME OF HOKE STREET IN THE CITY OF SOUTH BEND FROM THE 3300 BLOCK TO AND INCLUDING THE 3500 BLOCK OF HOKE STREET TO WOODMONT DRIVE The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension of rules. Councilman Carr seconded the motion. Motion carried by a roll call vote of 9 ayes, 0 nays. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays. RESOLUTION RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND WHEREAS, on the 4th day of June, 1957, Ordinance No. 4163, being an ordinance for special United States Census for the City of South Bend was adopted, and WHEREAS, there was appropriated at said time the sum of Thirty Thousand ($30,000.00) Dollars, and WHEREAS, a portion of said special census has been taken with reference to population count, and WHEREAS, there is remaining from said appropriation the sum of Six Thousand ($6,000.00) Dollars,and' WHEREAS, it is believed advisable that a central business'district census be taken providing data of retail trade, motion picture theatres and hotels, which said information cannot be acquired through the population census. IT IS, THEREFORE, RESOLVED: That the Mayor of the City of South Bend be and he is hereby directed to contract with the United States Department of Commerce for the taking of a central business district census and that not more than Fifteen Hundred ($1500.00) Dollars shall be expended for the taking of the central business dis -, trict census. IT IS FURTHER RESOLVED: That from and after the passage, enrollment, attestation and signature by the Clerk and presiding officer and approval by the Mayor this resolution shall become effective. /s/ George W. Carr Member of the Common Council Councilman Muszynski made a motion for adoption of the Resolution. Councilman Carr seconded the motion. Motion REGULAR MEETING OCTOBER 28. 1957 carried by a roll call vote of 9 ayes, 0 nays. Resolution adopted. RESOLUTION RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND WHEREAS, Walter C. Erler, Sr., who has been a venerable member of the Common Council of the City of South Bend for a great many years, and his wife Edna M. Erler, are celebrating their Fiftieth wedding anniversary this 28th day of October, 1957, and WHEREAS, all of the members of the administration of the City of South Bend, including members of the Common Council, are indebted to and deeply grateful for the civic services performed by Mr. Erler for the community, and, WHEREAS, it is our desire to congratulate Mr. and Mrs. Erler on their fiftieth wedding anniversary and to express our appreciation and gratitude for tte many years of civic service performed by Mr. Erler for the community. IY IS, THEREFORE, RESOLVED: That Mr. and Mrs. Walter C. Erler be and th!gl.are hereby congratulated on their fiftieth wedding anniversary and that we hereby express our appreciation and gratitude for the many years of civic services performed by Mr. Erler for the community. IT IS FURTHER RESOLVED: That from and after the passage, enrollment, attestation and signature by the Clerk and presiding officer and approval by the Mayor, this resolution shall become effective. /s/ Stanley C. Korpal Member of the Common Council Councilman Kroll made a motion for adoption of the resolution. Councilman Carr seconded the motion. Motion carried by a roll..call vote of 9 ayes, 0 nays. Resolution adopted. OLD BUSINESS• Councilman Kroll moved that the Clerk notify the Board of Public Works and Safety to have an ahstract of the real estate known as Lot 92 Loring Addition prepared which would show a split in 1898 and dedication of some property to the City of South Bend. Councilman Muszynski seconded the motion. Motion carried. NEW BUSINESS• Councilman Carr made a motion that inasmuch as the 11th day of November is a legal Holiday, the next regular meeting of the Council will be held on November 25, 1957. Councilman Christman seconded the motion. Motion carried. There being no further business before the Council, Councilman Muszynski made a motion to adjourn. Councilman Christman seconded the motion. Motion carried and the Regular meeting of the Common Council adjourned at 10:50 P.M. The,_Council then presented Councilman Erler with a cake appropriately decorated commemorating his fiftieth wedding anniversary. ATTEST: APPROVED: