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Home My WebLink About07-14-58 Council Meeting MinutesREGULAR MEETING JULY 14, 1958 Be it remembered that the Common Council of the City of South Bend met in Regular Session in the Council Chambers, on Monday, July 14, 1958, at 8 :18 P.M., with all members present. The meeting was called to order by President Stanley C. Korpal, who presided. ROLL CALL: PRESENT: Councilmen Korpal, Carr, Tellson, Christman, Kroll, Glass. Hahn, Erler and Muszynski. ABSENT: None. 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. rORPAL JULIUS B. CHRISTMAN, JR. Committee G. W. CARR South Bend, Ind., July 14, 1958 Minutes of Meeting of June 9th, 1958. Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. COMMUNICATION BROTHERHOOD OF.MAINTENANCE OF WAY EMPLOYEES City Counsel South Bend, Indiana Dear Sir: Walbridge, Ohio June 23, 1958 It is my understanding, that a short time in the past that you gave the Pennsylvania Rail Road Company permission to remove the Crossing Watchman from protecting street crossings in the city of South Bend on Sunday with the understanding that there was to be no train operations on Sunday. This is to advise you that.the Rail Road has been on two occasions operating trains on Sunday along with a switch engine in the yard. On June 8, 1958, The Rail Road operated a freight train into the yards and also worked a switch engine on second trick and on June 22, 1958, the Rail Road also Vorked a switch engine on second trick and run a freight train out of the yards, these moves were made with out the proper crossing watchman protection. public. I would like to suggest that action be taken on the part of the city counsel to correct this condition. By removing the Watchman on Sunday and then operate trains certainly does not make a safe condition for the Yours truly, /s/ R.R. Layman R.R.Layman, Local Chairman, B.M.W.E. R.R. #I, Box 104 Walbridge, Ohio Councilman Tellson made a motion that the Communication be accepted and placed on file. Councilman Erler seconded th Motion. A discussion followed. Councilman Tellson then withdrew his :motion. Councilman Erler withdrew his second to the Motion. Councilman Glass made a motion that the Communication be referred to the Board of Public Works and Safety. Councilman Kroll seconded the motion. Motion carried. 1 14, LY5)b COMMUNICATION: Common Council July 11, 1958 City of South Bend c/o City Clerk City Hall, South Bend, Indiana Gentlemen: It has come to my attention that my request for an appropriation for fans for the city court will be heard on July 14, 1958. Last year, I included this item in the proposed budget for 1958. This item was stricken because of the fact that an air conditioning unit was to be installed in the council .chambers. The air conditioning unit has not been installe( Our daily sessions in court are extended consierably. The court room is frequently over crowded. The large fan in the court room cannot be used during sessions because it disrupts our audition. The windows cannot be left open because outside noises are very disturbing. Quietly- operating circulating fans will provide much needed relief. We need two circulating fans for the council chamber and one for the cafeteria court. Such fans are considerably less expensive than air conditioning equipment -- and I believe will not only facillitate a greater efficiency in the opera tion of the city court, but will make your occupancy and use of the council chamber more tolerable during the hot seasons. Too, the cafeteria court is in need of one flat top table. This will provide much- needed desk space for the sorting, filing and processing of traffic violation notices. I cannot be with you on July 14, 1958 to explain further my needs above. I trust that you will excuse my absence and that you,will accept this explanatory letter in lieu of my presence. Very truly yours, /s/ Edward Olczak EDWARD OLCZAK, JUDGE EO:mk SOUTH BEND CITY COURT cc/ Councilman Carr made a motion that the communication be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. COMMUNICATION: Common Council South Bend Mr. Stanley Korpal, Pres. Dear Mr. Korpal: The Northwest Democratic & Civic Club heartily endorses amendments to Section V of Ordinance 3743 in regards to some degree of control over what is normally called Trash burning. We realize the potential abuse that can result from this ordinance in its present form. There is no protection or leeway for a home owner - policeman - or fireman in the loosely worded paragraphs of Section V under Miscellaneous. We feel the air about us should not be taxed with smudzy, smoldering fires during the sleeping hours of the City. We respectfully ask your closest scrutiny of a much abused ordinance. JK /md Respectfully yours, /s/ J. A. Kuminecz Joe Kuminecz, President N.D.C.C. Councilman Kroll made a motion that the Communication be referred to the Ordinance Committee. Councilman Carr s ed the motion. Motion carried. COMMUNICATION: The Clerk read an invitation for all Municipal Officials to attend the 7th Meeting of the Inter - American Congress of Municipalities to be held in Rio de Janeiro, Brazil from November 10 to 16, 1958. Councilman Carr made a motion that the communication be accepted and placed on file. Councilman Hahn seconded the motion, Motion carried. PETITION: Petitions bearing 1,071 signatures were filed with the Clerk petitioning the South Bend Common Council to exersize its legal.authority to enact such legislation as is necessary to prohibit heavy industrial semi truck vehicles from travel on their streets. The streets and number of signatures are as follows: South Olive Street $1 W. Grace Street 5 Dundee Street 146 W. Huron Street 11 W. Fisher Street 28 S. Falcon Street 79 S. Pulaski Street 29 Poland Street 41 Warren Street 59 Kaley Street 79 Phillipa Street 59 Meade Street 82 Carlisle Street 80 Gladstone Street 32 Kosciuszko 29 W. Dunham Street 24 S . Liberty 49 S. Camden S. 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The following actim was taken: After due consideration the Commission found that substantial justice would be done by the favorable recommendation of the petition. It was therefore duly moved, seconded and unanimously carried that the petition be recommended favorably to the Common Council. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Director RLH /mah Councilman Muszynksi made a motion that the report be accepted and placed on file. Councilman Hahn seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING: ORDINANCE: AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BENIN INDIANA (Lots 46 & 46 Krou & Whitmore;s Sub) (2900 Block S. Michigan Street) The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension of rules. Councilman'Kroll seconded the motion. Motion lost by a' roll call vote of 7 ayes (Councilmen Korpal, Carr, Tellson, Kroll, Glass, Hahn and Muszynski), 2 nays (Councilmen Christman and Erler). Councilman Hahn made a motion that the Ordinance be set for public hearing on July 28, 1958. Councilman Carr seconded the motion. Motion carried. ORDINANCE AN ORDINANCE ORDERING AND PROVIDING FOR THE SALE OF CERTAIN REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, WHICH SAID REAL ESTATE IS OWNED BY SAID CITY FOR USE OF ITS PARK DEPARTMENT The Ordinance was given first reading by title and second reading in full. Councilman Christman made a motion that the Ordinance be set for public hearing on July 28, 1958. Councilman Kroll seconded the motion. Motion carried. ORDINANCE NO. 4233 AN ORDINANCE APPROVING A LEASE BETWEEN THE MUNICIPAL CITY OF SOUTH BEND AND THE FRATERNAL ORDER OF POLICE OF SOUTH BEND FOR THE LEASING OF THE FOLLOWING DESCRIBED REAL ESTATE: Beginning on the east and west centerline of Section 27, Township 38 North, Range 2 East, a distance of 1430.6 feet east of the west quarter corner of said Section 27; thence North 445 feet; thence East parallel to and with the said east and west centerline of said section a distance of 723.3 feet; thence South 445 feet to said centerline of Section 27; thence West 723.3 feet to the place of beginning. This tract is located in the Northwest quarter Section 27, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, and contains 7.36 acres, more or less. The Ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion for suspension of rules. Councilman Carr seconded the motion. Motion carried by a 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. ORDINANCE AN ORDINANCE TRANSFERRING FROM FIRE DEPARTMENT ACCOUNT Q -11 - _PERSONAL SERVICES THE SUM OF $9,045.15 TO FIRE DEPARTMENT ACCOUNT Q -214 - TELEPHONE '$140.00, and TO FIRE DEPAR- MIAENT ACCOUNT @ -321 - COAL $2,405.15, AND TO FIRE DEPARTMENT ACCOUNT Q -231 GASOLINE $500.00, AND TO FIRE DEPARTMENT ACCOUNT Q -712 - OTHER STRUCTURES $6,000.00; AND TRANSFERRING FROM ELECTRICAL DEPARTMENT ACCOUNT V -38 - GENERAL SUPPLIES $2,500.00 TO ELECTRICAL DEPARTMENT ACCOUNT V -261 - OTHER CONTRACTUAL SERVICES, ALL OF THE BUDGET FOR THE YEAR 1958 DF THE CIVIL CITY OF SOUTH BEND, INDIANA, AND DECLARING AN EXTRAORDINARY EMERGENCY. The Ordinance was given first reading by title and second reading in full. Councilman Carr made a motion that the Ordinance be set for Public Hearing on July 28, 1958. Councilman Kroll seconded the motion. Motion carried. RESOLUTION WHEREAS, under Title I of the Housing Act of 1949, as amended, and the Housing Act of 1954 as amended, the Housing and Home Finance Administrator is authorized to extend financial assistance to localities in the elimination and prevention of the spread of their slums and urban blight through the planning and undertaking of urban renewal projects; and WHEREAS, it is desirable and in the public interest that the South Bend Redevelopment Commission prepare surveys and plans, presently estimated to cost approximately $137,000 (one - hundred thirty -seven thousand dollars) , in order to undertake and carry out an urban renewal project of the character contemplated by Section 110(c) of said Title I, in that certain area, proposed as an Urban Renewal Area, situated in the City of South Bend, County of St. Joseph, and State of Indiana, and described as follows: Beginning at the intersection of the westerly right of way line of`Chapin Street with the southerly right of way line of the New York Central Main Line right of way; thence, in ar easterly direction along the southerly right of way line of said New York Central right of way for a distance of approximately 720.feet to the intersection with the easterly right c way line of Scott Street; thence in a southerly direction along.said easterly right of wE line of Scott Street for a distance of 850 feet to the intersection with the easterly right of way line of Prairie Avenue; thence along the easterly right of way line of Prairie Avenue for a distance of approximately 1450 feet in a southwesterly direction to the point where said easterly right of way line of Prairie Avenue intersects with the southerly right of way line of Garst Street, extended; thence along the southerly right of way line of Garst Street extended and Garst Street for a distance of 615 feet in a westerly direction to the end of Garst Street at the easterly property line of Wilson Brothers; Thence in a northerly direction for a distance of 300 feet along said easterly property line of the Wilson Brothers Plant to the northerly right of way line of Kerr Street; thence in an easterly direction along the northerly right of way line of Kerr Street for a distance of 220 feet to the intersection with the westerly right of way line of Catalpa Avenue for a distance of 300 feet to the inter- section with the southerly right of way line of Sample Street; thence in a westerly direction along the southerly right of way line of Sample Street for a distance of 825 feet to the intersection with the westerly right of way line of McPherson Steeet, extended; thence in a northerly direction along the westerly right of way line of McPherson Street, extended, and McPherson Street, for a distance of 800 feet to the intersection with the northerly right of way line of the first east -west alley north of Dunham Street; thence easterly along said northerly right of way line of the alley for a distance of 950 feet to the intersection with the easterly right of way line of the second north -south alley east of Laurel Street.; thence, in a southerly direction along said easterly right of way line of the alley for a distance of 130 feet to the intersection with the northerly right of way line of Dunham Street; thence easterly along the northerly right of way line of said street for a distance of 350 feet to the intersection with the westerly right of way line of Chapin Street; thence, northerly along the westerly line of said street for a distance of 970 feet to the point of beginning. WHEREAS, the above -cited Federal law requires as a condition to the execution of a contract for the loan and capital grant for an urban renewal project that the locality present to the Housing and Home Finance Administra- tor a workable program, as set forth in Section 101(c) of said Title I, for utilizing appropriate public and private resources to eliminate and prevent the development or spread of, slums and urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of blighted, deteriorated, or slum areas or to undertake such other feasible community activities as may be suitably employed to achieve the objectives of such a program; and WHEREAS, it is recognized that contracts, for loans and capital grants for urban renewal projects will re- quire, among other things, (1) the approval of the urban renewal plan by the governing body of the locality in which the project is situated; (2) the provision of local grants -in- aid which may consist of donations of cash; land, demolition or removal work, and the installation, construction or reconstruction of streets, utilities, parks, playgrounds or other improvements or the provision of other public buildings or facilities; and (3) the development of a feasible method for the relocation of families displaced from the urban renewal area. NOW, THEREFORE BE IT RESOLVED BY the Common Council of the City of South Bend: Section 1. That the proposed Urban Renewal Area described above is a slum, blighted, deteriorated or de- teriorating area appropriate for an urban renewal project and that the undertaking by the South Bend Redevelopment Commission of surveys and plans for an urbanrenewal project of the character contemplated by Section 110(c) of the Housing Act of 1949, as amended and supplemented, in the proposed Urban Renewal Area described above, is hereby approved. Section 2. That the financial assistance provided under said Title I to assist urban renewal projects is needed and that the Housing and Home Finance Administrator is hereby requested to reserve for an urban renewal project in the proposed Urban Renewal Area described above Federal capital grant funds in an amount sufficient to enable the South Bend Redevelopment Commission to finance the undertaking of the project. Section 3. That it is cognizant of the conditions. that are imposed in the undertaking and carrying out of urban renewal projects with Federal financial assistance under Title I, inclusing the requirements of said Title I respecting the workable program mentioned above, and that it is the sense of this body (a) that a feasible method for the relocation of families displaced from the urban renewal area, in conformity with said Title I, can be pre- pared, and (b) that local grants -in -aid, consisting of donations of cash, land, demolition or removal work, and the installation, construction or reconstruction of streets, utilities, parks, play grounds or other improvements or the provision of other public buildings or facilities, necessary for carrying out in the Urban Renewal Area the urban renewal objectives of said Title I in accordance with the urban renewal plan, can and will be provided in an amount which will not be less than one -third of the net project cost and which, together with the Federal capital grant, will be generally equal to the difference between gross project costs and the proceeds of value of project land sold, leased or retained for use in accordance with the urban renewal plan. Section 4. That the filing of an application by the South Bend Redevelopment Commission for an Advance of funds from the United States of America to enable it to defray the cost of the surveys and plans for an urban re- newal project in the urban renewal area described above is hereby approved. /s/ Joseph T. Kroll Councilman Kroll made a motion for adoption of the Resolution. Councilman Hahn seconded the motion. Motion carried by a Roll Call vote of 9 ayes, 0 nays. Resolution Adopted. OLD BUSINESS: Councilman Korpal, rose and relinquished the Chair to Councilman Kroll who then presided. Councilman Korpal spoke about the problem of weeds at this time of the year and the method of removal. He suggested the creation of a committee composed of the Entire Membership of the Council to study the problem of weed removal, rubbish and litter on the streets and drafting of necessary legislation to correct these conditions. Councilman Korpal then made a motion to create a City Beautiful committee composed of the entire membership of the Council. Councilman Carr seconded the motion. Motion carried. City Attorney Irving Smith informed the Council that the Mayor had been meeting with the Downtown Business men to keep the Streets free and clear of litter and rubbish from the downtown stores. NEW BUSINESS: Councilman Christman asked that an investigation be made of a complaint that people are keeping chickens at their home which is located off Lincolnway West, two blocks North and two blocks east of Eclipse. He stated that a complai 46 REGULAR MEETING JULY 14, 1958 had been registered with the Health Department. There being no further business before the Council, Councilman Hahn made a motion to adjourn. Councilman Carr seconded the motion. Motion carried and the Regular meeting of the Common Council adjourned at 9:16 P.M. ATTEST: APPROVED: �� % . 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