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HomeMy WebLinkAbout05-23-60 Council Meeting MinutesREGULAR MEETING MAY 23, 1960 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers in the City Hall on Monday, May 23, 1960, at 8:14 P.M., with all members present except Councilman Muszynski. The meeting was called to order by President Joseph T. Kroll, who presided. ROLL CALL PRESENT: Councilmen Kroll, Allen, Ladewski, Tellson, Coleman, Glass, Krueper and Lehman ABSENT: Councilman Muszynski 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. T. W. LEHMAN Albert Tellson Committee South Bend, Inc., May 23, 1960 Joseph T. Kroll Minutes of Meeting of May 9, 1960 Councilman Glass made a motion that the report be accepted and placed on file. Councilman Krueper seconded the motion. Motion carried. ORDINANCE AN ORDINANCE TO REGULATE THE BUSINESS OF INSTALLING AND SERVICING TELEVISION EQUIPMENT IN THE CITY OF SOUTH BEND; TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE; AND TO PROVIDE A PENALTY FOR THE VIOLATION OF THE TERMS THEREOF. The Ordinance was given second reading in full. Councilman Coleman made-a motion to recess for the Committee of the Whole Meeting and to reconvene thereafter. Councilman Glass seconded the motion. Motion carried and the Regular Meeting recessed at 3:43 P.M. 0 THE REGULAR MEETING OF THE COMMON COUNCIL RECONVENED AT 9:35 P.M. REPORT OF CONTROLLER FOR THE MONTH OF APRIL, 1960 Balanceon Hand First of Month-------------- ------------------ - - - -- ---------------------------------- :$2,018,035.50 Receiptsduring Month -------------------------------------------------------------------------------- $1,191,374.29 Disbursementsduring Month -------------------------------------------------------------- I ------------- $ 870,098.83 Balance on Hand April 30, 1960----------------------- ---------- -- --- ------ -- -- I --------- -------------- $2,339,310.96 Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Tellson seconded the motion. Motion carried. REPORT OF CITY ATTORNEY To the Common Council May 23, 1960 of the City of South Bend, Indiana RE: Bremen Iron & Metal Company and Beth Steel Supply Company 2214 West Dunham Gentlemen: We wish to report that the parent case filed by the Bremen Iron & I-fetal Company against the City of South Bend is still pending in the Marshall County Circuit Court awaiting decision by Judge Roy Sheneman. This case involved the question of whether the Board of Works rightfully refused the issuance of a junk yard permit to the Bremen Iron & Metal Company for the operation of a junk yard at 2214 West Dunham Street. Nothing further is to be done on said case until the Judge renders his decision. Subsequent to the last court hearing the Bremen Iron & Metal Company curtailed its retail junk yard operations on its Gertrude Street lot. They have leased the Dunham Street premises to Beth Steeel Supply Company, which company has been operating at the Dunham Street address for the last three months. We had issued an affidavit and caused a warrant to issue against the proprietors of the Beth Steel Company charging them with the operation of a junk yard without the requisite city permit. A hearing was had in the City'Court of South Bend in the early part of May and,upon evidence being shown by the Beth Steel Company that their operation deals with the sale of roofing and structural steel material, including used piping and used structural steel, Judg /f 21® REGULAR MEETING MAY 23, 1960 Allen ruled that such operation is not equivalent to the conduct of a junk yard and ruled that such an operation coul be conducted on the Dunham Street premises without the necessity of securing any junk yard permit. In view of this finding and so.long as the Beth Steel Supply Company confines its operations to the sale of roofing materials and new and used structural steel and piping they can operate at the said premises without any permit inasmuch as the said premises are zoned for such an operation. As soon as the Plymouth Circuit Court renders a ruling on the major case we shall report the decision of the Court. Very truly yours, /s/ Norman A. Kopec Assistant City Attorney NK /w Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Allen 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 ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE WATER WORKS SYSTEM OF THE CITY OF SOUTH BEND, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ T. W. Lehman, Chairman May 23, 1960 Councilman Allen made a motion that the report be accepted and placed on file. Councilman Coleman 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 CONCERNING THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS AND ADDITIONS TO THE WATERWORKS OWNED AND OPERATED BY THE CITY OF SOUTH BEND, INDIANA, AUTIORIZING THE ISSUANCE OF REVENUE BONDS TO PROVIDE FOR THE COST THEREOF, AND MATTERS CONNECTED THEREWITH, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED favorable. /s/ T. W. Lehman, Chairman May 23, 1960 Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Allen 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 CONCERNING THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS AND ADDITIONS TO THE WATERWORKS OWNED AND OPERATED BY THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF REVENUE BONDS TO PROVIDE FOR THE COST THEREOF, AND MATTERS CONNECTED THEREWITH, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ T. W. Lehman, Chairman May 23, 1960 Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Allen 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 TO REGULATE THE BUSINESS OF INSTALLING AND SERVICING TELEVISION EQUIPMENT IN THE CITY OF SOUTH BEND; TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE; AND TO PROVIDE A PENALTY FOR THE VIOLATION OF THE TERMS THEREOF, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE CONTINUED until June 13th. /s/ T. W. Lehman, Chairman May 23, 1960 Councilman Allen made a motion that the report be accepted and placed on file. Councilman Coleman seconded the motion. Motion carried. ORDINANCE NO, 4320 - - -60 AN ORDINANCE ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE WATERWORKS SYSTEM OF THE CITY OF SOUTH BEND The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Muszynski). ORDINANCE NO. 4321 - - -60 AN ORDINANCE CONCERNING THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS AND ADDITIONS TO THE WATERWORKS OWNED AND OPERATED BY THE CITY OF SOUTH BEND., INDIANA, AUTHORIZING THE ISSUANCE OF REVENUE BONDS TO PROVIDE FOR THE COST THEREOF, AND MATTERS CONNECTED THEREWITH. The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Muszynski.) , RESOLUTION RESOLUTION OF COMMON COUNCIL OF SOUTH BEND, INDIANA APPROVING THE URBAN RENEWAL PLAN AND THE FEASIBILITY OF RELOCATION FOR PROJECT NO. INDIANA R -7 WHEREAS, under the provisions of Title I of the Housing Act of 1949, as amended, the Housing and Home Finance Administrator is authorized to provide financial assistance to Local Public Agencies for undertaking and carrying out urban renewal projects; and WHEREAS, it is provided in such Act that contracts for financial aid thereunder shall require that the Urban Renewal Plan for the respective project area be approved by the governing body of tte locality in which the project is situated and that such approval include findings by the governing body that: (1) the financial aid to be provided in the contract is necessary to enable the project to be undertaken in accordance with the Urban Renewal Plan; (2) the Urban Renewal Plan will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; and (3) the Urban Renewal Plan conforms to a general plan for the development of the locality as a whole; and • WHEREAS, the City of South Bend, Department of Redevelopment (herein called the "Local Public Agency ") has entered into a planning contract for financial assistance under such Act with the United States of America, acting by and through the Housing and.Home Finance Administrator, pursuant to which Federal funds were provided for the urban renewal project (herein called the "Project ") identified as "Sample Street Redevelopment Project" and encompassing the area bounded by Garst Street, Prairie Avenue, Scott Street, New,York Central Railroad, Chapin Street, Oliver Corporation, McPherson Street and Wilson Brothers in the City of South Bend, State of Indiana, (herein called the "Locality "); and WHEREAS, the Local Public Agency has applied for financial assistance under such Act and proposes to enter into a contract or contracts with the Housing and Home Finance Agency for the undertaking of, and for making available financial assistance for, the Project; and WHEREAS, the Local Public Agency has made detailed studies of the location, physical condition of structur land use, environmental influences, and the social, cultural and economic conditions of the Project area and has determined that the area is a blighted, built up, predominantly residential area and that it is detrimental and a menace to the safety, health, and welfare of the inhabitants and users thereof and of the Locality at large, because of the fact that forty -three per cent (43 %) of the dwellings are in blighted condition and because unfavorable environmental conditions, prevail, specifically including the following: 1. Majority of lots are less than forty (4) feet wide or contain less than four thousand (4,000) square feet. A number of lots contain two or more structures. 2. Seven per cent (7 %) of structures contain residential and non-residential uses; surrounding industrial and railroad uses emit smoke, produce heavy traffic and noise, as well as parking spill -.over into residential blocks. 3. Most streets are too narrow, ranging down to fifteen (15) feet Right -of -Way width; main thorofares are congested. 4. Area lacks all community facilities, including schools and recreational areas, and the members of this Governing Body have been fully apprised by the Local Public Agency and are aware of these facts and conditions; and WHEREAS, there has been prepared and referred to the Common Council of the Locality (herein called the "Governing Body ") for review and approval an Urban Renewal Plan for the Project area, dated May 5 , 19 60, and consisting of nine (9,� pages and five (5) Exhibits; and WHEREAS, said Urban Renewal Plan has been approved by the Governing Body of the Local Public Agency, as evidenced by the copy of said Body's duly certified resolution approving said Urban Renewal Plan which is attached thereto; and WHEREAS, a general plan has been prepared and is recognized and used as a guide for the general development of the Locality as a whole; and WHEREAS, the South Bend Plan Commission of the City of South Bend, Indiana, which is the duly designated and acting official planning body for the Locality, has submitted to the Governing Body its report and recommenda- Lions respecting said Urban Renewal Plan for the Project area and has certified that said Urban Renewal Plan con- forms to the said general plan for the Locality as a whole, and the Governing Body has duly considered said report, recommendation, and certification of the planning body; and WHEREAS, said Urban Renewal Plan for the Project area prescribes certain land uses for tYe Project area will require, among other things, the vacating and removal of streets, alleys, and other public ways, the establish- ment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action; and WHEREAS, the Local Public Agency has prepared a plan for the relocation of families that may be displaced as a result of carrying out the Project in accordance with said Urban Renewal Plan and has submitted to the Govern- ing Body a Relocation Plan for the Project, identified as "Relocation Plan"; and WHEREAS, there has also been presented to the Governing Body aformation and data respecting the Reloca- tion Plan which has been prepared by the Local Public Agency as a result of studies, surveys, and inspections in the Project area and the assembling and analysis of the data and information obtained from such studies, surveys inspections; and WHEREAS, the members of this Governing Body have general knowledge of the conditions prevailing in the Project area and of the availability of proper housing in the locality for the relocation of families that may displaced from the Project area and, in the light of such knowledge of local housing conditions, have carefully considered and reviewed such Relocation Plan; and WHEREAS, it is necessary that the Governing Body take appropriate official action respecting the Relocat Plan and said Urban Renewal Plan for the Project, in conformity with the contract or contracts for financial assistance between the Local Public Agency and the United States of America acting by and through the Housing and Home Finance Administrator; and WHEREAS, the South Bend Redevelopment Commission, Governing Body of the City of South Bend, Department of Redevelopment on May 5, 1960 adopted Declaratory Resolution One and a Redevelopment Plan for the Sample Street Redevelopment Project; and WHEREAS, the South Bend City Plan Commission on May 12, 1960 approved said Declaratory Resolution One and Redevelopment Plan: NOW, THEREFORE, BE IT RESOLVED by the Common Council, City of South Bend, Indiana as follows: 1. That the Common Council, City of South Bend hereby approved the Declaratory Resolution One and the Redevelopment Plan for the Sample Street Redevelopment Project, and concurs with the South Bend City Plan Commission approval thereof. 2. That it is hereby found and determined that the Project is a blighted, built -up, predominantly residential area and qualifies as an eligible Project area under Acts of 1953, Chapter 176, as amended; 3. That said Urban Renewal Plan for the Project aforementioned, having been duly reviewed and considered, is hereby approved, and the City Clerk be and he is hereby directed to file said copy of said Urban Renewal Plan with the minutes of this meeting; 4. That it is hereby found and determined that said Urban Renewal Plan for the Project area conforms to said general plan of the Locality; 5. That it is hereby found and determined that the financial aid provided and to be provided pursuant to said contract for Federal financial assistance pertaining to the Project is necessary to enable the Project to be undertaken in accordance with the Urban Renewal Plan for the Project area; 6. That the redevelopment of the Urban Renewal Area for predominantly nonresidential uses is necessary for the proper development of the community; 7. That it is hereby found and determined that the above mentioned Urban Renewal Plan for the Urban Renewal Area will afford maximum opportunity,.consistent with the sound needs of the Locality as a whole, for the urban renewal of such areas by private enterprise; 8. That it is hereby found and determined that the proposals set forth in the Relocation Plan for the proper relocation of the families displaced in carrying out the Project in decent, safe, and sanitary dwellings in conformity with acceptable standards are feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the Project; and that such dwellings or dwelling units available or to be made available to such displaced families are at least equal in number to the number of displaced families, are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced families in the Project area, are available at rents or prices within the financial means of the displaced families, and are reasonably accessible to their places of employment. 9. That in order to implement and facilitate the effectuation of the Urban Renewal Plan hereby approved it is found and determined that certain official action must be taken by 213 REGULAR MEETING MAY 23, 1960- this Body with reference, among others, to the vacating and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities and, accordingly, this Body hereby; (a) pledges its cooperation in helping to carry out such Urban Renwal Plan; (b) requests the various officials, departments, boards, and agencies of the Locality having administra- tive responsibilites in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with said Urban Renewal Plan; and (c)'stands ready to consider and take appropriate action upon proposals and measures designed to effectuate said Urban Renewal Plan; and 10. That financial assistance under the provisions of Title I of the Housing Act of 1949, as amended, is necessary to enable the land in the project area to be renewed in accordance with the Urban Renewal Plan for the Project area and, accordingly, the filing by the Local Public Agency of an application or applications for such financial assistance under said Title I is hereby approved. Adopted at the Regular Meeting of the Common Council held on May 23, 1960, at the Council Chambers, City Hall, South Bend, Indiana. /s/ Harold L. Coleman ATTEST: /s /Freda G. Noble, City Clerk Councilman Coleman made a motion for adoption of the Resolution. Councilman Lehman seconded the motion. Motion carried by a roll call vote of 7 ayes, 1 nay (Councilman AL1en), 1 absent (Councilman Muszynski). Resolution adopted. NEW BUSINESS Councilman Tellson made a motion, seconded by Councilman Allen, that the City Attorney prepare an Ordinance relative to use of plastic bags and the marking thereon of warnings to persons using them. Motion carried. There being no further business to come before the Council, Councilman Lehman made a motion to adjourn. Councilman Tellson seconded the motion. Motion carried and the Regular Meeting of the Common Council adjourned at 10:23 P.M. ATTEST: APPROVED: CLERK PRESIDENT