03-24-41 Council Meeting Minutes

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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 approveds J. Pd. MC CARTHY) GEO. F. BULL ; Committee LEO M. JORD ,.7 South Bend, Ind. - Dec. 23, 1940. Councilman Heideman made a motion that the report be accepted and placed on file. Councilman Brannan seconded the motion. Motion carried. - REPORT OF BOARD OF PUBLIC WORKS AND SAFETY February 25, 1941 The Board of Public Works and Safety reports that the City Attorney is continuing study of the law to determine the method of stopping the dumping of unwholesome substances along the St. Joseph River bank along North Side Blvd. at the river's edge from Logan St., to Sample St., the dumping area referred to in a petition filed on the 27th day of January, 1941 in the office of the City Clerk and signed by numerous: residents of (fiver Park. The Board reports that that portion of the petition which requests that the dumping area between 34th St. and Logan St. be covered with dirt is outside the power of the City, since the City can neither request this to be done, nor trespass upon the land to do this work. The City Attorney promises that an ordinance relative to the regulation of all dumping in the city will be prepared for presentation to the Common Council at their next regular meeting. 'Councilman Bishop made a motion that the report be accepted. REPORT OF CITY PLAN COMMISSION To the Common -Council City of South Bend, Ind. (Gentlemen: JAMES P. CONBOY Clerk Councilman McCarthy seconded the motion. Motion car March 7, 1941 Petition of Roger and Florence Fenska for change of zoning classification of Lot +41 Kaley's Second Lincoln Highway Addition from residence to commercial zone was considered by the City Plan Commission at their meeting March 6th, 1941. The City Plan Commission does not recommend this change. Respectfully, D. MOOMAW, Sect. Councilman Bishop made a motion that the report of the Commission be accepted. Councilman Jordan seconded the moti Motion carried. REPORT OF CITY ATTORNEY March 7, 1941 To the Members of the Common Council of the City of South Bend, Indiana. (Gentlemen: . Several weeks ago the Council referred the matter of regulating or prohibiting of dumps within the city of South Bend to the Board of Public Works and Safety and specifically to the City Attorney. With the cooperation of the Police Department, certain investigations have been undertaken in order to provide the Board with specific information concerning the evil effects of the use of certain properties as dumps. These prop- erties are those which have been called to the attention of the Council by property owners and which have been con- demned by such property owners and other interested citizens as intolerable nuisances. The Board of Public Works and Safety, of which the City Attorney is a member, having made its investigation of the facts and having been advised as to the.law by me as City Attorney, have authorized me to present the following Ireport to you. It appears unlikely that the abuse of a dumping privilege can be properly controlled or regulated by either the watchfulness of people in any neighborhood in which a dump exists or by the police. The problem of regulation is of such a nature that a continuous 24- hour -a -day vigil upon each piece of land used as a dump would be required in order to bring about effective enforcement. This does not mean, however, that the Common Council is without power to deal with the problem. Your attention is called, therefore, to the thirteenth clause of the statute granting general powers to the Common Council of every city in Indiana. This clause reads as follows: "Thirteenth. To prevent the deposit of any unwholesome substance, either on _private or public property, and compel its removal to designated points; and to require slops, garbage, ashes and other waste or un- wholesome materials to be removed to designated points, or to require occupants of premises to place them conveniently for removal; also to provide for the destruction of such substances, or their use for some beneficial purpose. For the purposes of this clause, jurisdiction is given such city four (4) miles from the corporate limits thereof." In view of this provision of law, it is therefore recommended that the Council take either one of the following two alternative steps: 1. That the Council, by ordinance, prevent the deposit of any unwholesome substance upon any property within the city limits alone or within the city limits and for some reasonable distance not more than four (4) miles from the corporate limits;. or, 2. That the Council prevent the deposit of any unwholesome substance anywhere within the city limits excepting upon certain designated pieces of property. (Since the city does not make provision for the removal of any substances except garbage at public cost, it would see advisable for the Council to designate some reasonable number of areas within the city limits where certain dumping