Loading...
HomeMy WebLinkAbout06-08-59 Council Meeting MinutesREGULAR MEETING JUNE 8, 1959 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers, City Hall, on Monday, June 8, 1959, at 8 :16 P.M., with all members present. The meeting was called to Order by President Stanley C. Korpal, who presided. ROLL CALL PRESENT: Councilmen Korpal, Erhardt, 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. Korpal Julius B. Christman, Jr. Committee Donald F. Erhardt South Bend, Ind. June 8, 1959 Minutes of meeting of May 25, 1959 Councilman Hahn made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. PETITION Petition of Carleton and Nancy Smith to rezone Lot 31, Wooded Estates Addition to the City of South Bend. Councilman Christman made a motion that the petition be referred to the City Planning Commission. Councilman Glass seconded the motion. Motion carried. DEPARTMENTAL REPORTS REPORT OF CONTROLLER FOR THE MONTH OF MAY, 1959 Balance on hand, May 1, 1959 --------------------------------------------------------------------------- $3,065,216.14 Receiptsduring month------------------------------------------------------------ - - - - -- -------- - - - - -- $1,888,392.28 Disbursementsduring month ----------------------------- - ---------------------------------------------- $2,066,779.62 Balance on hand May 31, 1959------------------------------------ - - - - -- ------- - - - - -- ----------- - - - - -- $2,886,828.80 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Hahn seconded the motion. Motion carried. REPORT OF THE BOARD OF PUBLIC WORKS AND SAFETY Common Council June 8, 1959 City of South Bend South Bend, Indiana Gentlemen: Disposition of Councilman Erler's complaint against Pennsylvania Railroad Company was carried as follows: The Railroad Company was notified of the noise created by Diesel trains; they in turn have notified their employees to try to be less noisy, expecially during sleeping hours, and when resident windows are open for ventilation pur- poses. Also, attached please find the Police Department report on Councilman Muszynski's request for the Olive Street activities. Thanking you, I remain, Respectfully, /s/ Anthony J. Sabo Anthony J. Sabo, Clerk Board of Public Works & Safety Now follows the Officer's report on truck traffic: ATTENTION-. Chief Dutrieux Mr. Sabo, Clerk Bd. of Wks. and Safety Inspector J. Klaybor The following report is hereby submitted in accordance to directive issued by Board of Works & Safety directing the Police Dept. to place a continuous watch for trucks violating inter -city truck route on Olive Street: Total trucks checked (June 2nd to 6th inclusive) .............. ............................423 Number of arrests made for viol. of trk. ord ............... ............................... 1 (Paid) It should be noted that although every effort was made to keep a 24 hour continuous watch on Olive St. on several occasions it was necessary to pull off men assigned due to emergency business and lack of manpower available at said time. Upon examination of attached truck checks it appears that approximately 100 trucks use Olive St. during a 24 hour p iod. Said trucks making a dock delivery from a point within the City, the largest number coming from S. Olive St. terminals and going to Bendix docks. /s/ S. J. Ciesielski, Capt. Traffic CC; Mr, Sabo, Inspr. Klaybor Traffic 6 -8 -59 1:20 P.M. Councilman Kroll made a motion that the report be accepted and placed on file. Councilman Erler seconded the motion. Motion carried. REPORT OF BOARD OF HEALTH Office of the Clerk City Hall South Bend, Indiana Attention: Freda G. Noble June 8, 1959 In regard to the request of the City Council dated May 26, 1959 the following investigations have been made: - Concerning Bremen Iron & Metal Company Junk Yard, 2214 West Dunham on June 8, 1959 with Mr. Charles Ochstein. Investigation revealed no rats or rat holes at the junk yard, however, the Apartment house at 2204 West Dunham had 1 rat hole and the rented property at 2220 W. Dunham had rat harborage. Mr. Ochstein stated he is using Decon and will contact the South Bend Exterminating Company for further extermination. South Michigan Street across from the A & P at Donald Street.. On June 8, 1959 a Sanitary Survey was conducted with the owner of the Fairway Restaurant, 2035 S. Michigan. The rear of the Restaurant had l large pile of wood and approximately 6 ton of brick. The owner, Mr. C. P. Vitale, is using Decon and was requested to remove the wood and the brick. The rat harborage will be eliminated. Mr. C. P. Vitale was very cooperative. In regard to someone breeding dogs on 21st Street near the intersection of Pleasant Street. Neighbors are unable to give information leading to this complaint. CC: F.R.N. Carter, M.D. Norman Kopec Fire Chief Smith RJP /jk ALSO Office of the Clerk City Hall South Bend, Indiana Attention: Freda G. Noble Respectfully submitted by, /s/ Sgt. R. J. Podell Sgt. R. J. Podell Sanitation Officer June 8, 1959 In reference to the request of the City Council dated June 3, 1959 concerning the letter of Otto Engstrom. The latter has been investigated and complaintant contacted on June 8, 1959. The complaintant wishes to formulate Ordinance limiting the time of burning from 7 to 8 AM in the morning and 6 to 8 PM in the evening. Having the even house numbers buring on even days of the month and odd house numbers burning on odd days of the month. CC: F.R.N.Carter, M.D. Norman Kopec Fire Chief Smith RJP /jk Respectfully submitted by, ✓s/ Sgt. R. J. Podell Sgt. R. J. Podell Sanitation Officer Councilman Glass made a motion that the report be accepted and placed on file. Councilman Erhardt 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 A RESOLUTION APPROVING A FORM OF CONTRACT KZUULAK P11':!! TINU JUNE is L V 3V AMENDING THE COOPERATION AGREEMENT OF SEPTEMBER 11, 1956 BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND THE HOUSING AUTHORITY OF THE CITY OF SOUTH BEND, INDIANA, Respectfully report that they have examined the matter and that in their opinion it should be reported favorable. /s/ Joseph T. Kroll, Chairman JUNE 8, 1959 Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: June 5, 1959 At a meeting of your Planning Commission on June 4, 1959, the majority of the members of the Commission considered the petition to rezone land located at the northeast corner of Jefferson Boulevard and Eddy Street as referred by you. In all due respect to your action of May 25, 1959 the Commission is still of the opinion that the proposed zoning is in the best interests of the public. It was therefore duly moved, seconded and carried by a vote of six ayes and one no that the original recommendation be reaffirmed. RLH /mah Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director- Secretary Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. Councilman Muszynski moved that the petitioner be allowed to speak at this time. Council Kroll seconded the motion. Motion carried. Petitioner was heard - -Then recess from 8 :30 to 8 :45 P.M. Councilman Tellson moved that the report and recommendation of the City Planning Commission in regard to the rezon of East Jefferson Boulevard and South Eddy Street, which was accepted and placed on file bhis date by this Council be acted upon by this Council at this time as to rejection or confzrmance. Councilman Hahn seconded the motion. Motion carried by a roll call vote of 7 ayes (Councilmen Korpal, Erhardt, Tellson, Kroll, Glass, Hahn and Erler), 2 nays (Councilmen Christman and Muszynski). Councilman Tellson then made a motion VA- soid report and recommendation dated June 5, 1959 of said City Planning Commission in reference to the regaffin E_efferson Boulevard and South Eddy Street, be rejected. Councilman Rrhardt seconded the motion. Motion carried by a roll call vote of 7 ayes (Councilmen Korpal, Erhardt, Tellson, Kroll; Glass, Hahn and Erler, ) 2 nays (Councilmen Christman and Muszynski). ORDINANCE, FIRST AND SECOND READING AN ORDINANCE AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Land on Lincolnway East between Twyckenham and Caroline) The Ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion that the Ordinance be set for Public Hearing on June 22, 1959. Councilman Kroll seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE TRANSFERRING FROM OFFICE OF THE BOARD GENERAL FUND ACCOUNT H -58 CONTINGENCIES TO ACCOUNT H -725 OFFICE EQUIPMENT 4200.00; FROM FIRE DEPARTMENT GENERAL FUND ACCOUNT Q -11 SERVICES PERSONAL $3,100.00 TO ACCOUNT Q -262 MEDICAL, SURGICAL AND DENTAL $600.00 AND TO ACCOUNT Q -321 FUEL, OIL AND COAL $2,500.00; FROM ACCOUNT Q -711 FIXED EQUIPMENT TO ACCOUNT Q -726 OTHER EQUIPMENT (DISTRIBUTORSCOPE) $500.00; AND FROM BUILDING DEPARTMENT GENERAL FUND TO ACCOUNT MB -724 MOTOR EQUIPMENT $1,800.00; AND FROM TRAFFIC DEPARTMENT STREET AND TRAFFIC FUND TO ACCOUNT T -343 MEDICAL, SURGICAL AND DENTAL $700.00; ALL OF THE BUDGET FOR THE YEAR 1959 OF 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 Christman made a motion that the Ordinance be set for Public Hearing on June 22, 1959. Councilman Kroll seconded the motion. Motion carried. RESOLUTION A RESOLUTION APPROVING A FORM OF CONTRACT AMENDING THE COOPERATION AGREEMENT OF SEPTEMBER 11, 1956 BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND THE HOUSING AUTHORITY OF THE CITY OF SOUTH BEND, INDIANA. , WHEREAS, the City of South Bend, Indiana, has heretofore entered into a Cooperation Agreement under date of September 11, 1956, with The Housing Authority of the City of South Bend, Indiana, and it has now become desirable to amend said Agreement to give effect to the provisions of Section 10 (j) of the United States Housing Act of 1937, as added by the Housing Act of 1954. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that the I{ Cooperation Agreement between the City of South Bend, Indiana, and The Housing Authority of the City of South Bend, f! Indiana, dated September 11, 1956 be and the same is hereby amended by adding a new section to be known as Section 11 , and which reads as follows: II "In addition to the Payments in Lieu of Taxes and in further consideration for the public services and facilities furnished and to be furnished in respect to any Project for which no annual contributions contract had been entered into prior to August 2, 1954 between the Local Authority and the PHA; (1) After payment in full of all obligations of the Local Authority in connection with such Project for which any annual contributions are pledged and until the total to such Project has been repaid, (a) all receipts in connection with such Project in excess of ex- penditures necessary for the management, operation, maintenance, or financing and for reasonable reserves therefor, shall be paid annually to the PHA and to the Municipality on behalf of the local public bodies which have contributed to such Project in the form of tax exemption or otherwise, in proportion to the aggregate contribution which the PHA -and such local public bodies have made to such Project, and (b) no debt in respect to such Project except for necessary expenditures for such Project shall -be. incurred by the Local Authority; (2) If, at any time, such Project or any part thereof is sold, such sale shall be to the highest bidder after advertising, or at fair market value as approved by the PHA, and the proceeds, of such sale together with any reserves, after application to any outstanding debt of the Local Authority in respect to such Project, shall be paid to the PHA and local public bodies as provided in clause 1 (a) of this Section 10; Provided, That the amounts to be paid to the PHA and the local public bodies shall not exceed their respective total con- tributions to such Project; (3) The Municipality shall distribute the payments made to it pursuant to clauses (1) and (2) of this section 10 among the local public bodies(including the Municipality) in proportion to their respective aggregate contributions to such project." FURTHER RESOLVED that the proper officers of the City of South Bend, Indiana, are hereby authorized and instructed to execute the Agreement, a copy of which is attached hereto. This Resolution shall be in full force and effect from and after its passage. Passed by the Common Council) this 8th day of June, 1959. /s /Stanley C. Korpal President of the Common Council ATTEST: /s/ Freda Noble Freda Noble, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the 9th day of June, 1959, at the hour of 11 :35 o'clock A.M. /s/ Freda G. Noble Freda Noble, City Clerk This resolution was approved and signed by me on the 9th day of June, 1959, at the hour of 11 :40 A.M. /s/ Edward F. Voorde Edward F. Voorde, Mayor of the City of South Bend, Indiana AMENDMENT TO COOPERATION AGREEMENT THIS AMENDMENT entered into as of the 9th day of June, 1959 by and between the City of South Bend, Indiana,l, (hereinafter called the "Municipality ") and The Housing Authority of the City of South Bend, Indiana, (hereinafter called the "Local Authority), WITNESSETH: WHEREAS, the parties hereto have entered into a Cooperation Agreement dated September 11, 1956 and desire to amend said Agreement to give effect to the provisions of Sec. 10(j) of the United States Housing Act of 1937, as added by the Housing Act of 1954. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth the parties agree as follows: The Cooperation Agreement dated September 11, 1956 entered into between the parties hereto is hereby amended by adding Section 10 to read as follows: "10. In addition to the Payments in Lieu of Taxes and in further consideration for the public services and facilities furnished and to be furnished in respect to any Project for which no annual contributions contract had been entered into prior to August 2, 1954 between the Local Authority and the PHA: (1) After payment in full of all obligations of the Local Authority in connection with such Pro- ject for which any annual contributions are pledged and until the total amount of annual contribu- tions paid by the PHA in respect to such Project in excess of .expenditures necessary for the management, operation, maintenance, or financing, and for reasonable reserves therefor, shall be paid annually to the PHA and to the Municipality on behalf of the local public bodies which have contributed to such Project in the form of tax exemption or otherwise, in proportion to the aggregate contribution which the PHA and such local public bodies have made to such Project, and (b) no debt in respect to such Project, except for necessary expenditures for such Project, shall be incurred by the Local Authority; (2) If, at any time, such Project or any part thereof is sold, such sale shall be to the highest responsible bidder after advertising, or at fair market value as approved by the PHA, and the proceeds, of such sale together with any reserves, after application to any outstanding debt of the Local Authority in respect to such Project, shall be paid to the FHA and local public bodies as provided in clause 1(a) of this Section 10; Provided, That the amounts to be paid to the PHA and the local public bodies shall not exceed their respective total contribution to such Project; (3) The Municipality shall distribute the payments made to it pursuant to clauses (1) and (2) of this section 10 among the local public bodies (including the Municipality) in proportion to their respective aggregate contributions to such Project." IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed in their respective names and their respective seals to be impressed hereon and attested as of the date and year first above written. CITY OF SOUTH BEND, INDIANA BY: /s/ Edward F. Voorde Mayor 1 ATTEST: /s/ Freda G. Noble City Clerk THE HOUSING AUTHORITY OF THE CITY OF SOUTH BEND, INDIANA BY: /s/ Albert M. Shulman Chairman 1 ATTEST: /s/ Jesse L. Dickinson Secretary Councilman Kroll made a motion for adoption of the Resolution. Councilman Muszynski seconded the motion. Motion carried. Resolution adopted. The following is a copy of a Resolution passed by the South Bend - Mishawaka Board of Realtors, Inc., which was sent to the Common Council: WHEREAS, the South Bend- Mishawaka Board of Realtors, Inc., have always encouraged the maintenance of sound housing standards and effective enforcement of these standards, and WHEREAS, sub- standard housing attracts serious social as well as economic problems, and WHEREAS, the most effective and economical way to solve the problem of urban blight is to prevent the start of blight, and WHEREAS, the present South Bend Ordinance on Minimum Standards for housing has proven in- effectual in dealing with the problem of the continuing deterioration of our housing in- ventory, NOW, THEREFORE, be it resolved, that the South Bend - Mishawaka Board of Realtors, Inc., in general meeting assembled, do strongly recommend the adoption and rigid enforcement of the Ordinance establishing minimum standards for habitable buildings and premises for the City of South Bend, Indiana. June 6, 1958 Date /sl Joel Bullard President Councilman Erhardt made a motion to accept. and place the copy on file. Councilman Erler seconded the motion. Motion carried. The following is a copy of a Resolution passed by the South Bend Urban League and Hering House Community Center, Inc.: which was sent to the Common Council: WHEREAS, it is the policy of the South Bend Urban League and Hering House, Incorporated, to encourage the elimination of sub - standard housing in our community and it is the policy of this group to seek the pre- vention of the speead of slums and blight, and WHEREAS, a systematic inspection and code enforcement program throughout the city is an absolute necessity to an effective urban renewal program, and WHEREAS, successful program of code enforcement will save the taxpayers of the city large sums later by preserving the tax base and by total clearance, which is always an expensive remedy un- necessary in many areas, and WHEREAS, such a program will most directly benefit each member of our community by preventing the hazards and maladjustments which blight inevitably attracts, and WHEREAS, the present South Bend Ordinance on Minimum Standards for Housing has proven ineffectual in dealing with the problems of the continued deterioration of our housing inventory, NOW, THEREFORE, be it resolved by the South Bend Urban League and Hering House, Inc., as follows: 1. that the Substandard Housing Ordinance as amended be quickly adopted. 2, that this Ordinance be impartially and consistently enforced throughout our community. 3. that sufficient funds be made available to the building department or other enforcement agencies to implement this Ordinance. /s/ James W. Oberfell Atty. James W. Oberfell, President Board of Directors Councilman Christman made a motion that the Resolution be -adopted and placed on file. Councilman Erler seconded the motion. Motion carried, by a unanimous vote of the Council. OLD BUSINESS Councilman Muszynski complained that the New York Central and Grand Trunk Railroad Crossings at Ford, Harris and Walnut Streets are in deplorable condition. He asked that the Board of Public Works and Safety be advised of this condition and investigate and make a report at the June 22nd meeting. NEW BUSINESS Councilman Erler stated that he had received complaints: that the residents of Broadmoor Addition have insufficient water. He asked that the City Engineer make an investigation and report at the June 22nd meeting of the Council. Councilman Erler stated that the curb in the 1700 block of South Michigan Street (U. S. 31), had been damaged by State Highway Department equipment and asked that repairs. be made. The -Clerk was directed to advise the State Highway Department of this condition. - -;. Councilman Kroll advised the Council that a meeting was held on the proposed Ordinance on Minimum Standards and that he felt it would be advisable to bring the proposed Ordinance out of committee and set it for first and second reading at the June 22nd meeting of the Council. There being no further business before the Council, Councilman Muszynski made a motion to adjourn. Councilman Hahn seconded the motion. Motion carried and the Regular Meeting of the Council adjourned at 9:07 P.M. ATTEST: CLERK a APPROVED: IDENT