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HomeMy WebLinkAbout05-08-33 Council Meeting Minutesf' 90 May 8th 1933•` MINUTES.. REGULAR MEETING. Be it Remembered. that the Common Council of the City of South Bend, Indianay .,zet in Regular Session in the Council Chambers in the City Hall, Monday evening May 8th, 1933, at the hour of 7 :55_olclock P. M. All Members ptesent. President Nelson presided. The Minutes of the previous meeting were read and on Motion of Councilman Hull were accepted as read. Motion carr9 COMMUNICATION. The Forum Club Dr. Elmer Ward Oole, Leader FIRST CHRISTIAN CHURCH SOUTH BEND, INDIANA May 3d, 33• To TheHonorable Council, City of South Bend, South Bend, Ind. Gentlemen: It has been your practice in institute daylight savings ona Sunday morning each yE We wish to respectfully suggest that you give consideration next year to starting same on a Monday morning iris Lead of Sunday.` The Forum Club of the First Christian Church has directed its officers by officisl action .to request such consideration by your body. Please understand we have no fault to find with Day19 Savings time, but instituting same on Sunday certainly does work a hardship on c4urch attendant the first Sunday, which we believe could and should be avoided. We can see no greater handicE to starting same on Monday, and do see several advantages, in that engagements fdr work and otY wise on Monday are not on a voluntary basis, speaking generally. Church going is voluntary, and we believe the churchas and their organizations should receive the benefit of Daylight Sava starting On Monday inste@,d of Sunday. Ben L. Hill PRESIDENT — FORUM CLUB On Lotion of Councilman Hxiss the Communication was accepted and ordered-to be placed on file.' Motion carried. REPORT OF COMMITTEE ON WAYS AND MEANS: To the Common Council .of the City of South Bend: Your Committee on Ways and Means which has had under consideration the financial conditie of the city_, involving the reduction of salaries= and the coinsolidation of boards,'begs to rep€ as follows:. d. • 4, -� Is our opinion that conditions at presen -,-as well as the financial conditions of the city, call for a further reduction at this time of city salaries.' In order to accomplish this unde& law, the salaries of some of the officials and employes of the city can be reduced by ordinance; bu the salaries of certain other officials can be redo ed . at this time only by- voluntary act of such officials themselves.` As to those salaries which can be reducediby ordinance 'we recommend the preparation and passage of an ordinance by the council, to become effective June lstt', 1933, providing for substantial reductions of the salaries of all officials and employes of the City depending • upon the amount of salary received. As to those salaries which can be reduced only by voluntary act, we recommend the preparat o'n and passage of a resolution by the council, to become effective June 1st., 1933, requesting voluntary reductions in amounts to be specified,-in such resolution depending upon the amount of salary received. In regard to consolidating the Board of Public Works and Public Safety, the Chief purpose to be attained at this time is the further cutting of expense whether accomplished by con -s illation of boards or by direct method of reducling slaries, and we point out that the �nsolidation of said two boards would bring about a less reduction of.salaries under operation of the law than can be accomplsed by direct action of the council as herein recommended; such savings so accomplished, as contemplated by your committee, would amount to a sizable figure for the remaining seven months of the year. • Although it appears permissable under the new law for the council to consolidate the two boards at this time, and certainly so after January 1, 1932, yet serious questions of law would arise, we are advised, should this be effected by action of the council rather than by operatioF of the act itself as of January 1, 1935. We are warned by some of the.best legal talent of the city, coming.f rQm.non- partisan sources, that until tie courts can decide the question a consolidation of such boards-before January 1, 1935, might raise serious legal questions regarding such mattersa as existing track elevation contracts, any possible future bond issues3, or other city contracts. On account of such possible consequences, we believe the risks would be too great and it would therefore be unwise -to consolidate such boards by councilmanic action before the courts have decided such question. In view of the urgency of present conditions, we ;believe that action should be taken by the council at once, as recommended herein, for the reduction of salaries:, which can be and should be reduced in an amount greater than.would be brought about by the course of consolidating boards r and for the reasons stated, we believe that any such consolidaioon�Cbefore an ject 1935, should not take place until a such a course is made safe y court Respectfully submitted this 8th., day of May, 1933 Geo. W Goetz_ John C' Nelson Councilman Goetz makes - a Motion that the Report�allacThareawasaaage eraladiscu�s��ari onlsaid hadb on same. Motion seconded. ik efoi�re the Rt�ll : Goetz,. 3aworski, Report. The vote �.n the Roll Call is as follows** Oakley, Cripemand Guetin voting Nay Ayes �� Altfeld Hiss and Grzeskowiak voting ye, , Nays 4. Report was accepted and adopted:' • MAYOR'S MESSAGE TO THE COMMON.,- COUNCIL regarding Abolishing Boards of Works and Safety and reducing satutory salaries as provided FFICHB 5 THE MAYOR CITY HALL SOUTH BEND, INDIANA May 84 1933 Honorable Common Council G entlemens-1 Having in mind the needs of South Bend, its citizens and taxpayers, foisthesmost economical and efficient government possible,. and for the pure approved have arisen locally due to the passage of HB 529 on mid decision regardkingsthaese3questions March 9, 1933, I am presenting herewith my opinion • with recommendations for immediatforcabol shing boardsrandechanging salaries upon the Oommon The law conferred the power to the city of Indianapolis and Council, but to assure myself of made a thexAttorneyiGeneral for the Purpose ouseand speoifie ley interviewed state administrative their opinion and understanding regarding the action neral trelativedtoethekearliest date upon whit to obtain the written opined for under this act can be made effective.' the various actions provided See page 191.) ( Continued ) The local press has carried the results obtained from this visit and also excerpts froin the Attorney General's opinion affecting the specific problem of abolishing the boards. How- ever, to furt her clarify the issue and to eliminate any possibility that members of* Vie Common Council have not had direct access to-the Attorney General's opinion, I will state he has held the Common Council has had the right and power since March 9, 1933 to abolish the Board of Public Works and the Board of Public Safety and toe create a new_ board to be known as the Board of Public Works.and Safety composed of the City Controller, the City Engineer and the I City Attorney. Also that, effective immediately upon the passage of such ordinance abolishing said boards the new members of said new board shall automatically by placed upon the.,new schedule of salaries provided for in said act. In view of the City's absolute need for additional economies, that the immediste pressure is for funds to meet the most necessary functions of government, and further., that this law makes the abolishment of these.boarclB,x mandatory at a later date,, I recommend to the Common Council, of the City of South Bend that an ordinance be prepared'_ immediately and, adopted for the purpose of abolishing these boards and creating the new board*" I further recommend to the Common Council that the statutory - salaries be set in,,accord ance with those provided in HB 529 for the statutory officers of the City of South Bend effect- ive Immediately and under the same rules and regqlations as would be provided for as of January 1p 19340 1 can assure you that I personally, and all of my appointees, shall conform a toxm ZZk such new salaries. To release additional funds for the purpose of meeting the necessities of'municipal government I have ordered the present Board of Public Works to dispense with the salaries for the track elevation engineer and track elevation clerk' This will make an additional savingz of $5376• - The City Treasurer is quoted in the local Sunday papers as stating that the'total tax . delinquency for the spring collection approximates 50- If this is true an emergency face6 the municipal city of South Bend such as it has never previously experienced* 7It will require the simplification of all governmental agencies and direct action for the purpose of meeting the emergency, to be placed in the handa -of the ex4outive department of this city. I pledge to you that every possible economy that can., will be placed in effect,,and I further recommend to' your body that in all those expehditures over which you exercise control, you take immediate steps to bring them to a minimum. The exigencies of the situation demand that every city emplo from the 1nowest to the highest shall make' fullest sacrifice to assure a continuance of the necessary functions'of South Bend's municipal government. Respectfully Submitted, W. R. Hinkle W. Riley Hinkle, Mayor of the City of South Bend.' Councilman -Gripe makes a Motion that the Mayor's Report be accepted. Councilman Goetz makesa - Motion to amend said Motion that the Report be referred to the Committee of the Whole. Council- maka man Ga6te mates a motion for Roll Oall:; xkj:mkxixxxaazx"d on said amendment.whloh was seconded and the following is the vote by Roll Call Nelson, Whiteman, Rokop, Goetz, Jaworski, Altfeld, Hiss, and Grzeskowiak voting Aye, Hull, OaLey, Cripe and Gustin voting Nay. Ayes 8, Nays 4. Ameindadment to Motiot carried. 'Call Councilman Cripe makes a Motidn for a Rollnon the Original Mption as amended, which is-as followsL Nelson, Whitstanp *Rokop,, Goetz, Hull, . Jaworski, Altfelds Hiss, Oakley, Grzeskowiakp Cripe, and Gustin, Ayes 12' Nays-O. Motion-m-carried as amended and Report goes to the Committee of the Whole. X0UMMx0azes'- REPORT OF THE CITY PLAN COMMISSION. REPORT OF THE CITY PLAN COMMISSION. �` ' -_ -'�`� � South Bend, Ind. May - 1933•' To the Common Council, City of South Bend: Gentlemen: Petition of Max Konzen et al. for Change of zoning classificationlof Lots No. 25,26 ` and 27 Vogts Add. on Lincoln Way Wesr at Kentucky Sto was considered by the City Plan Commissi .. at their meeting May 4th. This- ,change is approved and according to this petition it be would be from B residence and A height and Area districts to C commercial and D Height and area districts. Respectfully D. Moomaw, . Sect. Ti� p� �vsfepirgnci]a. and ordered to REPORT OF THE CITY PLAN COMMISSION. South Bend, Ind. May S, 1933. To The Common Council of City of South Bend.` Gentlemen: Petition for Change of zoning Classification of property on North Michigan_St. between Navarre and Bartlett Stso was considered by the City Plan Commission at their regular meeting May nth and this change is not recommended. Respectfully D. Moomaw, Sect. The- report was accepted and ordered to be place on.file. Motion carried.` REPORT OF THE COMMITTEE OF THE WHOLE. -' To the Commo$'Council of the City of South Bend: Your Committee of the Whole to whom was referred A Petition to amend Zoning - Ordinance No. 2331 adopted June 25th, 1923, commonly known as the " Zoning Ordinance ", of Lots 25,26, and 27 Vogtis Addition to the City of South Bend; Indiana, saidrr�property located on the S. side of Lincoln Way, West, comprising 1 Block between Kentucky St, and from there E. to alley. Respectfully report that they have examined the matter, and that in their opinion the.said Petition should be reported Favorable and that City Attorney draw an Ordinance for same. Jno. Co' Hiss, Chairman. The report was accepted by the Council. 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 Petition to amend Ordinance No. 2331, commonly called the Zoning Ordinance of property fr6nting on N. Mich. St. between the 1st alley N. of Navarre St. and the lst Alley S. Bartlett St. South Bend, Ind. Respectfully report that they have examined the matter, and that in their opinion the said petition should be reported Unfavorable. Jno. C.'Hiss, Chairman. The report was accepted by the Council.' 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 FourvRemdnstrancesm agagnst the so called "Fly -by- night" Ordinance which has been introduced before the Common Council. Respectfully repor that they have examined the matter, and thaibin their opinion the said Remonstrance should be accepted F &Tplaced on EE OF l Jbno.'Co' Hiss, Chairman: The report was accepted by the, Council. THE WHOLE. To the Common Council of the City of South Bend Your Committee of the Whole to whom was referred A Petition to the City Council not to.,pass the so called " Fly -by- Night" Ordinance pending before the Common Council. Respectfully report that they have examined the matter, and that in their opinion the said Petition should be accepted & placed on file.' Jno. C. Hiss, Chairman. The report was accepted by the Council. 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 amending Sections Four (4) an Five (5) of Ordinance No.' 1594 adopted June 12 1911 providing for the Licensing of Transient Merchants, which Sections are also sections 474 and 475 of the Ordinano4s of the.City of South Bend Published in Volume Form as Ordinance No. 127 adopted February 14, 1916, and Further amending said Ordinance by adding thereto an additional section Numbered Four Respectfully repo t that they hav examined r and one -half (�, the matter, and that in their opinion the said See next page F1 - ( Concluded ) 7 Ordinance sho4ld be reported Unfavorable. Jno. 2 0. Hiss, Chairman. The report was accepted by the Council. ]REPORT OF THE OaMMITTEE OF THE - WHOLE. To the Common Council of the City of South Bend; Your. Committee of the Whole t6 whom was referred. An Ordinance Providing for the Regulating and Licensing of Transient Merchants, for the Repeal of other Ordinances Pertaining thereto an( Providing Penalties. Respectfully report that they have examined the matter, and that in ther'i opinion the said Ordinance shomuld be reported. Favorable. Jno. 0. Hiss, Chairman. The report was accepted by the Council. ORDINANCE NO. 3018. An Ordinance Providing for the Regulating and Lixcensing of Transient Merchants , for the Repeal of other Ordinances Pertaining thereto and providing penalties*'- - The Ordinance was given its third reading by title, and was placed upon its passage and passed by the following vote: Nelson, Whiteman, Rokop, Goetz, Hull, Jaworski, Altfeld, Hiss, Oakley, ftxx .Grzeskowiak, Oripe and Gustin, Ayes 12, Nays 0. Ordinance adopted. ORDINANCE N0 An Ordinance amending Sections Four (4) and Five (5) of Ordinance No. 1594 adopted June 12 1911, Prooviding for the Licensing of Transient Merchants, which Sections are also Sections 47� 475 of the Ordinances of -the City of South Bend Published in Volume Form as Ordinance No.' 1827 adopted February714, 1916, and Further amending said Ordinance by adding''thereto an additional Section- Numbered Four and One -Half The Ordinance was given its third reading by title, and was placed upon its passage and passed by the following vote: Nelson; Whiteman, Rokop, Goetz, Hull, Jaworski, Altfeld,, Hiss, Oakley, Grzeskowiak, Cripe and Gustin, -Ayes O. Nays 120' Ordinance Lost.' ORDINANCE N0. X012,.' An Ordinance Transferring Seven Hundred ($700000) Dollars from the General Fund of the City of South Bend, Indiana, to the City Plan Fund of said City. The Ordinm ce was given its first reading by title,.its second reading in full and.on Motion of Councilman Hiss'the Rules were suspended by the following vote: Nelson, Whiteman, Rokop, Goetz, Hv.11, Jaworski, Altfeld, Hiss, Oakley, Grzeskowiak, Cripe and Gustin, Ayes-,12, Nays 00" Rules Suspended.and Ordinance goes to third reading: The Ordinance was given its third reading by title and was placed upon its passage and was passed by the following vote: Nelson, Whiteman, Rokop, Goetz, Hull, Jaworski, Altfeld, Hiss Oakley, Grzeskowiak, Cripe and Gustin. Ayes 12, Nays 0. _Ordinance adopted. ORDINANCE NO 3020.' An Ordinance Transferring certain sum of Money from certain appropriationsa in the Department of Public Work's of the City of South Bend, Indiana to other appropriations in the same Department.` The Ordinance was given its first reading by title, its second reading in full and on Motion of Councilman Hiss the Rules were suspended by the following vote: Nelson, Whiteman, Rokop, Goetz, Hull, Jaworski, Altfeld; Hiss, Oakley' Grzeskowiak, Cripe and Gustin, Ayes 12, Nays 0.' lkadixxxze` Daft Rules suspended and Ordinance goes to third reading:` The Ordinance was given its third reading by title, and was placed upon its passage and .passed by the following vote: Nelson, Whiteman; Rokop, Goetz, Hull,,Jaworski, Altfeld, Hiss, :Oakley, '!Grzeok_owiak, Cripe.and Gustin, Ayes 12, Nays 0: Ordinance adopted. O'RDINANOE NO. Ani Ordinance olishing _The " Board of Public Works" and The � Board of - .Public Safety" and creating a-" Board of Public Works and Safety" for the City of South Bend.' The Ordinance .'vain its first reading by title, its second reading in full and on Motion of Councilman Altfeld the Ordnance was Tabled* Councilman Oripe makes a Motion to Amend said Motion. President 10-16011, said�thi l kind of. a Motiom could .not be amended. Councilmar. Oripe makes a Motion for a Roll Call on Xxxxk Councilman Altfeldls Motion and the vote is as follows: Nelson, Whiteman, Rokop, Goetz, Jaworski, Altfeld, Hiss, and Grzeskowiak voting Aye, Hull, Oakley, Oripe and Gustin voting Nay. Ayes 8 Nays 4. Motion carried and Ordinance is tabled.' ORDINANCE N00 An Ordinance abolishing the Office of City Elevation Engineer and The Clerk provided for said City Elevation Engineer.' The Ordinance..was.'given its first reading by title, its- second reading in full and on Motion of Councilman Oakley was referred to the Committee of the Whole. Motion carried.' RESOLUTION. INTRODUCED BY COUNCILMAN'OAKLEY. South-Bend, Indiana May 8th, 1933.' WHEREAS, South Bend is faced with a stringent financial crisis, and WHEREAS, need of drastic economies is apparent to all of us, and the records of the City Whereas., South Bend, as disclosed by the City Controller, show that the city Elevation Engineers Office is receiving or has r46eived the sum of 19,449.97 tc May lst, 1933 for work that is no longer active or necessary, and WHEREAS., the City of South Bend is entitled to receive from the various railroads, as their share of said funds, the sum of ty 12, 674.98, and WHEREAS, no effort has been made the City Attorney to collect said sum, and WHEREAS., there is: a dispute on the pnr�hoefCi�e stianlydsadtoslosetsaid sum fortunnecessary�` and if-said liability does not exist the Y and uncalled for work$ and WHEREAS, according to the contention of the railroads, said Elevation work ceased in 1930 IT IS, THEREFORE urged that we resolve that the City Attorney 1ue and is hereby instructed deemed bring. the necessary suit or suits said funds ;aeitheradueaorbimproperly proper under the circumstances, looking paid. as referred to the Committee of the Whole.Motion Og Motion of Councilman Hiss the Resolution w On-Motion of Councilman Altfeld the Council adjourned at 9.:10 o'clock P. M. Motion carried. AT�PROSiED ATTEST • C PRESIDENT f and • • 0 punt ;o • ;arritd.'