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HomeMy WebLinkAbout04-10-33 Council Meeting Minutesril 10th,. 1933. REGULAR MEETING.- MINUTES. Be it Remembered that the Common Council of the City of South Bend, Indiana, rlet in Regular Session in the Council Chambers in the City Hall, Monday evening X April 10th, 1933, at the hour of 7 :40 o'clock P. M. All Members present except Councilman Nelson. Me Presiden- Grzeskowiak presided. The minutes of the two previous meeting were read and on Motion of Councilman Hull *&a aefexz$ dxtizztkz ztommtttezzmuxtkaxinspemti axzxndzg were accepted as read. Motion carried.' CARD OF THANKS. We wish to express our deep appreciation and thanks for yours kind expressift of sympath; Mrs. Guy Staples and family. On Motion of Councilman Whiteman The Card of Thanks was accepter and placed on file: Motion carried. PETITION. South Bend, Indiana, April 6th, 19330 Common Council of the 01ty of South Bend,. Indiana. The undersigned respectfully petition the Common Council of South Bend, Indiana to amend_ Ordinance No. 2331, adopted June 25th, 1923, commonly known -as the Zoning Ordinance as it pertains to thefollowing property*- Vogt's Addition, Lots twenty- five.(25) -t twenty -six (26) a twenty -seven (27), located on the South Side of Lincolway Sliest, comprising one -half block between Kentucky Street and from there east to alley. Such that the zoning be changed from its present residential classification to "C" Commercial to confor, with the present classification -of the area directly east of the above mentioned property to Goodland Avenue Respectfully submitted, Max Konzen Rose T. Konzen Henry XxxMm, VanRiessen Ne�Iy VanRiessen. On Motion of Councilman Cripe the Petition was referred to the City P1a= Commission to report back to the Committee of the Whole, also that a Public Hearing be held May 8th, 1933 at 7:30 010100 k P.' M.'Motion carried. REPORT OF THE CITEY CONTROLLER OF THE CITY-or & BEND FOR THE MONTH OF MARCH 19-33- Balancenon Hand First of Month .......... ....`..'...`••.•••••••••••••••• 155,380.`17 _ -- 357 Balance Mar. 31, 1933........... .. .............................12 2 .10 Respectfully Submitted, Geo. A.' Knoblock, City Controller. The report was accepted by the council and ordered to be placed.on- file. Motion carried. REPORT OF COMMITTEE OF THE WHOLE. To the Common Council of the City of South Bend: Yours Committee of the Whole to whom was referred: An Ordinance Providing for the Regulation and Prohibition of Contests of Human Edndurance. Respectfully report that they have examined the matter, and that in t3geir opinion the said Ordinance should-be reported favorable as amended by amending 2 Sec. 29, to read $25.00 per day instead of 015.00 per day. John C.' Hiss, Chairman. The report was accepted by the Council. ORDINANCE N0. _ 1594 adopted June An Ordinance amending Sections-Four (4) and Five (5) of Ordinance No. 12 1911 Providing for the Licensing of Transient Merchants, which Sections are also Section 47� and 475 of the Ordinances of the City of South Bend Published -in Volume-Form as Ordinance No.' 1827 adopted February 14, 1916, and Further amending Said Ordinance by adding Thereto an Additional Section Numbered Four.and one- half (�tt. held in the Council for The Ordinance was again read for the third time �in g two weeks and on Motion of Councilman Altfeld was referred back to the Committee of the whole. Motion carried. — - - - -- REMONSTRANCE. — x 2. • k- , South Bend, Ind. April 5, 1933. To the Honorable City Council of South Bend, Indiana. We, the undersigned citizens and tax payers of the City of South Bend, do hereby express our most setious opposition to the proposed "fly -by- night" merchants= bill, now pending before the Council, on the grounds that it places an unjustified burdern on the citizens of South Ben , who in the future might desire to enter the mercantile field and we believe that the dis- • advanta es to the city, as a whole, would greatly exceed the advantages.' ( Signed by 29 signers The remonstrance was accepted and was referred to the Committee of the whole.*otion carried. REMONSTRANCE. South Bend, Ind., Apr. 9, 19330 { To the Honorable Members, South Bend City Council. In session Apra 10, 1933. I Gentlemen: Ai a merchant and resident of South Bend for nearly a quarter century wish I respectfully to protest against the proposed ordinance for bonding prospective merchants. As it I-believe that it offers refer to the so- called "fly -by- night" ordinance. stands possibilities of great g harm to legitimate merchants. The three hundred dollar bond,and R the re giving of great powers to the City Controller a two features which I most emphatically „ protest. They might be almost "insuperable obibtacles to any one entering business. to protect established merchants more though should be given to If it is deemed advisable the man of small means:; and if something must be done l respectfully recommend the Grand Rapids., Mich. idea that a six months bona fide lease is in itself sufficient evidence that the to or less part of the local community. merchantz intents to try become a more permanent It to me that the independent - .merchant is bothered very little by the few feeble seems "fly- by- bnights" who come,in; the big ruinous competition comes from large combinations who a last though along the line of good old- would not be affected by the ordinance at all. And as fashioned Americanism I quote the following from an article written some time ago by Presiders Roosevelt; "Each group has sought protection from the government for its own special interest be to favor no small group at the expe se without realizing that the function of government must of its duty to protect the rights of personal freedom and &f provate property of all its citi ensh • Yours respectfully, P. H. Doremus 110 S. Main St. This remonstrance was accepted and ordered to be referred to the Committee of the Whole. Motion carried. REMONSTRANCE. South Bend, Ind. April 6, 1933. To the Honorable City Council of South Bend, Ind.' We, the undersigned owners of real estate or equities in real estate, mainly store buildings, bill the in the City of South Bend, Indiana, do hereby oppose the "fly -by- night” merchants on the endeavors of future prospective grounds that if it became an ordinance, it would obstruct small merchants, greatly limiting our opportunities to secure tenants for our properties, the. above i thereby reducing our ability to pay taxes on such properties. In consideration of honorable council to prevent this bill from bei , g stated objections, we sincerely appeal to the ( Signed by 9 signers) This Remonstrance was accepted and was referred.to the Committ e passed. of the Whole* Motion carried. REMONSTRANCE. South Bend, Ind., April 9, 1933. To the Honorable City Council, South Bend, Ind.' regarding the to the council, at the regular meeting two weeks ago, re g g Gentlemen; Since speaking "fly-by-night" merchants bill, I have had occasion to diseuss.this proposed bill with many South Bend citizens. In many such interviews, and especially with established merchants, they have not only expr sedgy their oppositifti to the bill, but have suggested that if t1­ merchants, generally, really See page 197) s :•`_JL0f really wish to improve merchandising conditions in South Bend, they should organize a "better business - bureau" and give major consideration to the subject of truth -in- advertising," rather than to pass a law that would interfere with the rights of South Bend citiws as a whole, of which the present South Bend merchants are a very small proportion. Yours truly, George C. Paul, 319 Odd Fellows Bldg. The Remonstrance was accepted and referred to the Committee of the Whole. Motion carried. PETITIONA AGAINST THE ENACTMENT OF THE " FLY BY NIGHTO Ordinance. We the undersigned property owners of the City of South Bend petition the City Council notx to pass the so called "Fly By Night # " - Ordinance as an unreasonable restraint of opportunity of th4 individual to make a living. What we want in is less governmental expense instead of more laws. ( 25 signers) The Petition was accepted and was referred to the Committee of.the Whole. Motion carried. ORDINANCE NO. 3017. An, Ordinance. Providing for the-Regulation and Prohibition of Contests of Human Endurance. The Ordinance was given its third reading by title and was placed upon its passage and passed by the following vote; Whiteman, Rokop, Goetz, Hull, Jaworski, Altfeld, Hiss, Oakley, Grzeskowiak, Cripe and Gustin, Ayes 11, Nays 0 Ordinance adopted as amended.' RESOLUTION. INTRODUCED BY COUNCILMAN GEORGE F. HULL. BE IT RESOLVED by the Common Council of the City of South Bend, Indiana That the Standard Time throughout said city, beginning with the hour of,1 :00 o'clock A. Not on the morning of Sunday, Aprail 30, 1933, and ending at the hour of 1:00 o'clock A. M., Eastern-Standard Time Sunday , September 24tk, 1933, shall be that. of 75 Meridian of longitude West from Greenwich, known as Eastern Standard Time, that the clocks of the municipal offSoes at such hour of 1:00 o'clock A. M. Central Standard Time on April 30, 1933, be advanced one hour to -wits to 2.:00,o'clock A. M., Eastern Standard Time and that xk the municipal offices and all legal and official business of the city of South Bend shall be conducted in conformity therewith until the hour of 1:00 o'clock A. M., Eastern Standard Time September 24, 1933, at which time such clocks shall be set back one hour to conform with Central Standard Time.` On Motion of Councilman Hull the Resolution was adopted. Motion carried. PETITION. To the Common Council of the City of South Bend, Indiana Gentlemen; There has been presented to Mayor ft. R. Hinkle a resolution requesting the resignation or removal of the present members of the Aviation Commission. The resolution is based upon the fact that the Aviation Commission didpresent to the people ok,Routh Bend, through their Common Council, a reqtxest for the approval of a m lease of certain lands, and based that request, either intentionally or unintentionally, upon misleading information, and that the Common Council and the people of the City of South Bend were lead to be believe that if the lease were approved the total cost for rent, expenditures of movie and the coutr- ion of smme cinder runways, would not exceed $10,000., between $6000 and 17000 to be a1locrated for the moving of the hangers and.the grading, and the balance to cover the rental provided in the lease. The facts of whether or not the public has received value in full for the money spent or whether the work accomplished is well done are not the points under consideration in the resolution presented to Mayor Hinkle. The resolution is a protest against a public Board presenting to the Common Council for its approval a lease providing for three years with an average rental including all expenses for moving, etc* not exceeding 03.333. per year, and that this would not be considered excessive rent in view of thw work to be given families on poor relief, then, after obtaining approval under the conditions related above, proceeded:, according to statements made by the Aviation Board to exceed the amount estimated to be expended, and that said rent now, instead of being 3,333. will approximate #12,000 a year for the three years. It may be admitted that the amount of work accomplished for the differ- ence in rent is better than waa first considered, but likewise, concrete runways, etc. would be still better.' The Aviation Board, in their plea to the people and Common Council for approval of this lease and in support of the fact that they had no definite estimates or contracts covering the expenditures they claimed necessary, stated to the Common Council that they had no extensive plans, very little work was necessary to place the land in condition for airport use, and further stated that the land contemplated under the lease was then in use as an airport and that with the provision of a cinder runway and the moving of the hangars, would be capable of caring for the needs of this community without additional expense. It was further explained to the Common Council by the Aviation Commission, that the money spent grading and building tk them runways would be used in the employment of men taken from the Portage township poor relief line, and it was with this information before it that the Common Council did approve the lease and the people did not remonstrate against that approval. Immediately following the meeting of the Common Council the Aviation Commission did enter into a contract with a private engineer and when remonstrance was lodged with the Aviation Commission regarding the employment of a private engineer, they claimed the work and plans wee so techtLical it was necessary to employ a qualified man.` Newspapej5 despatches state that this private engineer was employed for #1000 and apparent; ly the Aviation Commission knew they intended to employ him when appearing before the Common Council, but mention of his employment was not made. Newspaper despatches quote Mr. Davies of the Aviation Commission as saying they have spent $22,000 of the taxpayers' money and have borrowed $3000 from a private party, agreeing with said private party that if the City of South Bend purchased the land now under-lease the private party would cancel the debt otherwise the city was to leave hangars or other improvements on the land to offset the $3000 borrowed. 4 In view of the foregoing and the undercurrent opinion among taxpayers and citizens of our community that the Aviation Commission did not present all of the facts to the Common Council at the time they obtained its approval of the lease, that they had knowledge of.more extensive plans than were presented to the Common Council and further, that they City of South Bend has been without air service for over a month ( #and incidentally without discomfort or inconvenience) that the airport is not now in condition for use without the expenditure of additional -.sums of money, we ask your honorable body to refer this matter to an investigating committee, that all engineering plans' and profiles, for the,grading work done at the airport, all contracts for the removal of dirt, employment of mechanics equipments engineering service and other ex- penditures, be submitted to this committee for investigation, and that a full and complete record of the facts disclosed be made public. We further request that the Common Council do not appropriate or include in the 1934 budgetor tax rate, any additional sums for the Aviation Commission, except that amount necessary to meet the actuab rent under the lease contract, at no additional expenditures be permitted upon the airport as long as the present Aviati Commission is in charge, on See page 198 ( Concluded Respectfully Submitted, SOUTH BEND- MISHAWAKA CIVIC PLANNING;:ASSOCIATION By Frank J. Murray. • Executive Secretary. - On Motion of Councilman Goetz the Petition was referred to the Grievance Committee. Councilm Cripe made a motion.that four other members be selected by the Chair to meet with the Grievan e Committee, to be consisted of two Demoxcratio and two Replublican Membersp and that all recor's; of the Aviation Board be brought before the Committee. After some discussion it was decide th t only one other member_ be selected by the Chair. Motion was then carried. Vice President Grzeskowiak selected Councilman Gustin. On Motion of Councilman Oakley the Council adjourned at 8;45 o'clock P.' M. Motion carried. .ATTEST APPROVED T�r CLERK- Vll��`PRESIDENT. •I 40.1