03-25-63 Council Meeting Minutes

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a \li�'L LiCla\ a'iLLY Y1vv REPORT OF BOARD OF PUBLIC WORKS AND SAFETY To Members of the Common Council South Bend, Indiana Gentlemen: March 22, 1963 A Special meeting of the Board of Public Safety was held on Wednesday, March 13, 1963, at 10:15 A.M., at the direction of the Common Council and Mr. Irving J. Smith, City Attorney and Board Chairman. COMPLAINT: EXCESSIVE COAL DUST - ROSE COAL & FUEL COMPANY Besides members of the Board, representatives from the St. Joseph County Board of Health, State Board of Health, representatives of Rose Coal & Fuel Company and attorneys, Mrs. Freda Novle, City Clerk, Mr. Chester Muszynski, Councilman of the 6th district and Mr. Norman Kopek, Assistant City Attorney were present. Several interested residents in the area effected by the coal dust were present to testify to conditions in the neighborhood. Councilman Muszynski stated that last October Mr. Rose had promised that he would do something to help on the dust problem but nothing has been done. Mr. Jay Rose and his attorney, Mr. Nicholas Cholis, stated that they will conduct some :investigation and would do something to help. The area is zoned heavy industrial. Mr. Rose stated that the Rose Coal and Fuel Company has followed the rules of the trade and that the coal must be oiled and'that has been done. According to Mr. Rose, the coal is oiled at the mines where it is prepared and is in accordance with government specifications. Remonstrators claim the excessive dust is a health hazard and nuisance. Mr. Kopec stated that South Bend does not have an air - pollution ordinance and no standard upon which to determine what is a health hazard. Mr. Dean High, Chairman of the Indiana Air Pollution Service was contacted with the request to send somebody who is familiar with the air pollution problem to South Bend to investigate the matter. A representative of the State Board of Health, Mr. Hoerstman, Chemical Engineer, attended the meeting but had not b able, at this time, to furnish any information. After hearing all who wished to be heard, Mr. Kopec advised those present that the Board of Public Safety has gone as far as it can go and that it is now up to the people to proceed by taking action with the Prosecutor. At the regular meeting of the Board of Public Safety on Monday, March 18, 1963, Councilman Muszynski appeared before the Board as did Councilman -at -Large J. Chester Allen. Councilman Allen suggested that, instead of considering this excessive coal dust as a health hazard, it be consider- ed as a public nuisance. After hearing Councilman Muszynski and Councilman Allen, it was the decision of the Board that Mr. Irving J. Smith meet with Mr. Kopec with reference to this complaint. Respectfully submitted, /s/ Anthony J. Sabo Anthony J. Sabo, Clerk Board of Public Works & Safety ES Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motion. Motion carried. REPORT OF HOUSING AUTHORITY -- ANNUAL Pursuant to the Housing Authorities Act Chapter 207, Acts 1937, as amended, which sais in part: "At Least once a year, an Authority shall file with the Clerk a report of its activities for the proceeding (preceding) year... Albert M. Shulman, Chairman of the Local Housing Authority, filed the Annual Report of the Housing Authority. Upon motion of Councilman Lehman, Seconded by Councilman Muszynski, and unanimously carried, the report was accepted and placed on file. 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 AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, (Land between Lincolnway West and Crumstown Avenue), Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. March 25, 1963 /s/ T. W. Lehman, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Lehman 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 AMENDING AND SUPPLEMENTING ZONING ORDINANCE N0. 3702, AS AMENDED (Land along the West side of Arnold Street), Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. March 25, 1963 /s/ T. W. Lehman, Chairman Councilman Lehman 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 AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, (Land on Sheridan between Lincolnway West and Crumstown Avenue), Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ T. W. Lehman, Chairman March 25, 196 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Lehman seconded the motion. Motion carried.