12-12-39 Council Special Meeting Minutes

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SPECI.9L CALL TO THE MEMBERS OF THE COMMON COUNCIL: I hereby call a special meeting of the Common Council of the City of South Bend, to meet at the Council 0hambers in the City Hall, at 7:50 P.M., on the 12th day of December, 1939, for the purpose of considering the following busines An ordinance repealing Ordinance No. 1275. An ordinance approving a contract for current for traffic control devices, etc., with the I & M Electric Co. An ordinance approving a street lighting contract with I & M Electric Co. An ordinance amending Ordinance No. 2979. An ordinance providing for licensing of roller skating rinks. Considering all communications, remonstrances, and petitions and receiving committee reports. Signed this 12th day of December, 1939. J. I. PAVEY .MAYOR, CITY OF SOUTH BEND, INDIANA C O,k4MJNI CATION To the Common Council: Gentlemen: Early this year some of the members of the Council contacted members of the Board of Safety relative to enforcement of Ordinance No. 2183 which deals with the elimination of shoe shining stands and fruit stands of any sort from the public sidewalks and highways of the city of South Bend. The feeling of the members of the Council who dis- cussed this matter with the Board was that this should be enforced. Several food merchants, and particularly, three or four merchants in the vicinity of Michigan Street and Western Avenue have been in the practice of having baskets of fruit and vegetables and other food stuffs on the sidewalks in front of their places of business. In answer to numberless requests, we asked the Police Department to warn them to remove their produce. This brought in a storm of protest from the affected parties; however, we persisted in our attempts to remove the produce from the sidewalks and after one arrest for violation of the city ordinance and a conviction in City Court, we succeeded in getting the produce removed from the sidewalks. However, recently they have insisted in putting the produce out. We have warned them that a continuation of this practice would mean further arrests and as a result, three or four conferences have been held before the Board. We called their attention to the fact that the matter of enforcement of this ordinance had been urged on us by members of the Council and that we felt that it should be enforced. We felt further that if they are to be permitte to use the public sidewalk for the purpose of conducting their business, then the same privilege should be extended to every other merchant in town, which, if practiced, would made an intolerable situation. They have insisted, however, that the enforcement of the ordinance would work an undue hardship on them and, in some instances, force merchants out of business. We told them that as long as the Council insisted on enforcement, we would continue to enforce it. It was then suggested that the matter might be brought before the Council for the Council's attention. We understand that a committee representing these merchants will appear before the Council on Tuesday evening, December 12, 1939, and for that reason, we are making this report to inform you what has been done up to this time. The only exception that we have made in the strict enforcement--of this ordinance so far is in the`case of Christmas trees. It has been the custom for some years in' South Bend to permit merchants to have trees in frotb of their establishments on the sidewalks. This practice is continued this - year. We called the attention of the merchants to this ordinance and the fact that they are violating it by putting trees on the sidewalks. and they stated that we would work a..hardship on them if we enforced it this year as they had a large number of trees purchased and-: no place to put them unless they were placed on the sidewalk and since they had no notice of the intention to enforce this ordinance and that its enforcement now would cause them considerable loss of money. We agreed that in view of the fact that in many cases they had no previous notice, that we would permit some trees to be displayed in front of their business establishments on the sidewalks so long as they did not abuse the privilege by obstruct- ing too much of the sidewalk with trees. At the same time we warned them that after this year we would enforce the ordinance as against Christmas trees in the event the ordinance is not changed. This has been a particularly vexing problem to the Board of Safety and Police Department and we would appreciate any advice you have to offer in regard to the situation. Respectfully submitted, BOARD OF PUBLIC SAFETY By George N. Beamer Chairman Councilman Hull stated that several of the fruit dealers had been in touch with him and requested that they be allowed to continue their sidewalk displays until the first of the year. Councilman Hull made a motion that the council concur with their request and the sidewalk displays be allowed until January 1, 1940. Councilman Pulaski seconded the motion. Motion carried, 7 - ayes, 0 - nays, 2 absent(Heideman and Niezgodski). REMONSTRANCE To the City Council, South Bend, Indiana We, the undersigned property owners, representing more than twenty (20%) per cent of the property located on Lincolnway West, between College Street and Brookfield Street, and on College and Brookfield Streets immediately North and South of Lincolnway West, hereby remonstrate to the changing of Lots 54 and 55 Augustines Add. and Lot 4 Moon's 1st Add. to "C" Use and "D" Height and Area, from "B" Use and "A "' Height and Area. (18 Signers) (Notarized) Councilman Hull made a motion that the remonstrance be referred to the City Plan Commission. Councilman Bishop seconded the motion. Motion carried.