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HomeMy WebLinkAbout04-26-37 Council Meeting Minutes_ _.....__i ./ .,.0 (. MINUTES. Be it remembered t het the Comimcn Counci of the r f South�Dend I; dia, Regul�;r Sesfii on it the Cca•.�ncil Ch^ �-,� � +l City o� , 1_ n�., met in the �ri. , rs o_ the Cit_. gall morc3a• en „� + .�,� 1:_;_. �. April ?_6th, I °37� a� she h ^ur of 7:��0 P. M. All members were present. Presider. r eve.. re moved that the re ^d-n +, + t Fis: presided, Con��ci?.?r.Fn Hut] p” of the minuvtes for the lss� meet I^ be dispensed with' - C�i'nC'ilmyn Go? ±? seconded, I'- motion. , TO +ior_ carried. COIT7UNI CAT I O S : C IT v OF SOUTH BEND INDIANA_ OFFICE OF THE 11TA °OR A� ri1 26 , X77 The Common Council, Citv of South tend, South Bend_, Indlnn;�, . . Gentlemen: S: " 1_ y,7n.I -s (signed.) J. •i C ^_1mmisr`10 ^Pr of S +rApts Aril lF, x.937 Rev. Fa.tbpr Jsrka, �"t. A''a1bP7• +s Cr„rrc1±� ''South Berd, Inaicre At your ?ast meeting g complaint wL ;s ifiaide by Mr. Zmudzinski to the effect that the G+ ce Zt Streets in + 'd ,le nemr. . Adalbe--t s School ht. sumk ewer_ ty � a fear inches and th_t g =s was eficrTpirag -..n the buil,,ing to the extent ghat it traG necessary to d.isWjisc schOOl. I immediately ordered the Street COmmi-ssioner to make an invest ip; t ion and insist that the compant; •engineers eccor ^p: closed zou wil.I find a c- 1r of his report. if ±�_ has env him. Enclosed „' ^p - eceivi ig this report I wrote to Father Jarkr, a copy of vrhich letter is also enclosed. ATCt hairir..g recive a re Ply from y Father Jarka the Chief of Police and myself celled or. him Satur- day Fftermoom,'. The irfcrma4-i^ re received from him indicated that the ibeople in tret sedtion are quite alarmed on account of $ gas main having broken some tirne ago and csueed f death, Of Several Oo le bsr � � the ne r p� p �'as e�.,�p4ng into 't.�eir home.. - ` Father Jer' ^ Qtates that he has smelt gas from the floor drain in-the-basement of the school This is probaply due to the odor of the sever gas, which will always result when the trap in the drain has lost its seal Where . floor drains are connected to sewer, it cho,zld a1 �pt,�s b- e t practice to pour water into the drain once a day in-order to keep the This proper aenT. wi?1 eliminate any sewer gas from escr-ring into the basemert, ` The report thpt the street has sunk twenty four inches; is greatly exaggerated, and should be discredited. As these comp?_pints urerc made to =our honorable ��_�.xable body, trd have, no doubt, caufied you soite con_ � corn, this cOmmunicrti.on Is sent to you for your information to be placed in the City records. C Verb, tr:Dly yours s i = ,ned)_Geor e W. Freyer.muth I iaYor cf South Bend. - I GWF:W { Enc. ` .April 14, 1937 Xonorpble Meyor George W. Freyermuth ;. ' City Hall South Berd., Indune Deer Si r; I'Or your .ntcrmntion Dish to st�.te t?^+�t use in cooper�-tior with the Northern indi^-ne Public Service Cornia?�r..y mete a thor. ouch i nvesti v �t ion of the conditions regarding gas lenking in the vi0i -,I -ty cI St . Ada1 Bert s Church and. School. From the infcrmatio- thF.t we get from Rev. Father Ja rkv, Assistant Pastor of St. Ada !berts Church i. and the jan itor; we f ind teat there is ,n^ alarm of any gEi s condit ions at t hi.s time. i Mr. Glen Meyers, Supt. of Ya intenence, Mr. Donahue and t wo• of the Yort_,err_ Tnd ana Public ..Service Company Engineers, Mr. Payne City engineer end Ourselves found that the only condition at the present time is en odor fr ^m a catch basin_ on the corner of Grace and Clive Streets. There are four catch bpsi.ns or_ Olive Street in front of the Church Property, three of these we have had tryp put ir, nr,d. will put one in the other basin shortly. With the use of the instruments from the Northern Indiene Public Service - Company we tested every pose pole, DInce for P gcs leek and f o Ind absolutely none, sewer or artificial. I • under - stend th=t screie time rge a Q�s main was broken in tha' vicinity but was repaired by the oas W company at trU' tine, ,Ind from the statements of both Father Jerks. and the janitor there is no ^' trouble Pt the present time. As to the condition^ of t'le Street we find that the street is in as good cor.d:iti ^n as any, e ^d to all ±l,a+ �er� t�P.rP y °sterdty it was a :­-repd that the--'is no cnrdition exi stiM7 at the prele ^t tt-e ^f any ga leak. If thAra i s ar ay that we may assist yo-.z with we are at your call , { S: " 1_ y,7n.I -s (signed.) J. •i C ^_1mmisr`10 ^Pr of S +rApts Aril lF, x.937 Rev. Fa.tbpr Jsrka, �"t. A''a1bP7• +s Cr„rrc1±� ''South Berd, Inaicre Dear Father Jarka, Enclosed you will find a copy of the report made by the Street Commissioner in regard`to gas leakage in the vicinity of your Church and School. Mr. Zmudzinski stated to the Common Council last Monday that the school had to be closed re- cently on account of the building being filled with gas. 'Kill you kindly advise me at once if this was a correct statement. In case there is ever any gas leakage in any of your buildings kindly advise the Board of Public Works immediately and proper steps will be taken at once to remedy the situation as it is one of our first duties to Protect the lives and health of our children. Enclosed you will find a self addressed stamped envelope for your conventer_ce in replying. With the kindest personal regards, I am Very truly yours, (sin-ned) George W. Freyermuth Mayor of South Bend. GWF: W Eno. S T A T E B 0 A R D OF T A X C O M M I S S I O N E R S 231 STATE HOUSE INDIA NAPOLIS1 INDIANA April 16th, 1937 City Clerk, South Bend, Indiana. Dear Sir: Please be advised that a hearing will be held in you county auditor's office on April 22nd, at 10:60 A. M., regarding additional appropriations for the City of South Bend, St.Joseph County, Indiana. Yours very truly, STATE BOARD OF TAX COMMISSIONERS (signed) C. A. Ketchum Secretary Councilmen Goetz moved said communications be placed on file. Councilmen Rasmussen seconded the motion. Motion curried. PETITIONS: To The_South Bend City Council: Gentlemen: We the following property owners hereby petition you for the removal•of the John W. Drescher Waste Paper Co., located in the rear of 212 N. Niles Ave., and 214 N. Niles Ave. Reasons: 1. The tall board well recently erected to park trucks belonging to the Paper Company is be- ing used to store -old tires and iron, making it a very hazardous fire trap. 2. People living in property joining the Paper Company are compelled to keep a continuous fight against rets. 3. The scrap paper tha.tbl.ows around the neighborhood ii unsightly. 4. Recently buildings within the same block were condemed and torn•down. The buildings and board wall belonging to the John W. Drescher Master Paper Co. are just as dileputated and undesireable. ,We hope you will give this petition your earliest and most earnest consideration. (16 signers) Councilman Goetz moved said go to the zoning commission. Councilmen Bierwagen seconded the motion. Motion carried. P E T I T I O N We, the undersigned, do hereby petition the Building Commissioner end the City Council of South Bend to enforce the Smoke Control Ordixience and cause the following concerns to install smoke consumers: South Bend Toy Manufacturing Company 1012 High Street National Milk Company 921 Louise Street (106 sinners) Councilmen James moved that said be referred to Mr. Moomaw and that he report back to the Council at the next meeting on May 3rd, 1937 Councilmen Kerner seconded the motion. Motion carried. REPORT OF THE CITY CONTROLLER OF THE CITY OF SOUTH BEND FOR THE MONTH OF MARCH, 19 7. Balance on Hand first of month - - - - - - - - - - - - - - ---- - - - - - - - - - - - 909,731-79 Balance on March 31, 1937--------------------- - - - - -- - 892,185.77 Respectfully submitt-ed, Fred Woodward, City Controller, Report accepted by the Council and ordered to be placed on file. Motion carried. • RESOLUTI-0N WHEREAS, the American Legion Post No. 50 of South Bend,'Indiana, proposes to hold a boat race on the St. Joseph River Sunday Afternoon, -May 23rd, 1937, and WHEREAS, in order -to effectiielly realize any funds by reason of said boat race it is necessary to charge a smell admission fee to the place and / or places of ventage along the proposed route of said boat race; and WHEREAS, in order to charge an admission fee to the place end / pr- places of vantage along the proposed route of said boat race it is necessary, control the ingress to said place and / or places; and •. WHEREAS, in order to control the ingress to said places and / or places of vantage it is nec- essary to - temporarily block off the ends of certain streets and / or avenues in the City of. South Bend; therefore BE IT RESOLVED by the Common-Council of the City of South Bend; Indiana- that by end with the consent - of-the Board of Public Safety end- the Board of Park Commissioners of .said City, the American Legion Post No. 50 is hereby - authorized -end permitted to block off for e'temporary period,on Sunday May 23rd, 1937, the South ends of South St. Louis Boulevard, South St. Pe ter Street, South Notre Dame Avenue, South St. Francls,Street; the South Eddy Street entrance to LaSalle -Park, and the intersections of Arch Avenue and East Monroe Streets with Edgewater Drive. • Geo. F. Hull. MEMBER OF THE COMMON COUNCIL Councilman Hull moved that said resolution be adopted. Councilmen Goetz seconded the motion. Motion carried. RESOLUTION OF CITIZENS' COMMITTEE RECOMMENDING THE APPROVAL OF THE NORTHERN INDIANA STREET RAILWAY'S OFFER TO VACATE THE PORTAGE AVENUE STREET CAR LINE AND SUBSTITUTE BUS SERIICE THEREFORE. BE IT RESOLVED by the Citizeris''Committee, duly appointed by the Mayors of the Civil Cities • of South Bend and Mishawakp and the Chamber of Commerce of both cities in regular meet'ng assembled, that this Committee having held deveral meetins and,heard the reports and informatics of results obtained by the use of bus and street cars in various cities of the United States and having been informed of the financial condition of the Northern*India.na Street Railway Company end having carefully. considered $j the question of.substituting -bus service for street cars in the City of South Bend and having been informed by the Receiver and Attorney for the Northern Indiana Street Railway- Company, that they will agree to .a trial of busses on the Portage .Avenue Line providing said cancellation of street -car- -service on the Portage Avenue Line is_... approved by the St. Joseph Circuit - Court. This body does resolve and recommend to the Common Council of the City of South Bend that the said Northern Indiana Street, Railwey .Oomparpv be re- . quested to petition the St. Joseph Circuit Court for cancellation of street car service on Portage Avenue ..and the substitution therefore of bus service by 'sa;id company for the patrons of . said line, and that the said Northern Indiana Street Railway Company be asked to make a survey of the results obtained and the revenues derived and the general attitude of the•pstrons of said service during n period of six (6) to nine (9) months, and that in case said service proves satisfactory and desirable that the said Northern Indiana Railway Company be.requested by the Common Council of the City of South Bend to make such changes in their service in the City as will ultimately obtsin bus service for ell of the citizens of the City of South Bend. It is further the sense of this Committee that a copy of this resolution under the signature of the Chairman and Secretary be orde. °ed sent to the Clerk of the Common Council of the City of South Bend. This 19th day of April, 1937. • The Citizens' Committee appointed for investigation of desirability of bus service in the City of South Bend, Indi-sna.,�! (signed) C. W. Coen Chairman _(signed) J. W. Frevermuth Acting Secretary Councilman Hull moved that the resolution of the Citizens' Committee recommending the approval • of the Northern Indiana Street Railway's offer to vacate the Portage Avenue Street Car Line end substitute Bus service therefore, be accepted. Councilman Goetz seconded the motion. Motion carried. R E S O L U T I O N ADOPTED BY THE COMMITTEE REPRESENTING THE VARIOUS CIVIC ORGANIZATIONS OF -THE EAST SIDE ON APRIL 6, 1937. ' • WHEREAS the high school children their paretns, the citizens and tax payers living on the east side of South Bend have recognized for several years the urgent need for a modern senior high school located in their section ; end WHEREAS, the various civic organizations interested in having proper educational facilities for the high school children have taken positive action favoring the construction of such a senior high school in this part of the city; and WHEREAS; the South Bend School Board or its representatives, have publicly stated on several occasions th ^t there is a need for a Senior high school on the east side of the city; and WHEREAS, the South Bend School Board did at a recent meeting when again petitioned for this school by representatives of the aforementioned civic organizations, make substantially the following statements: (1) that an unquestioned need exists for this east side senior high school; (2) that the various civic organizations interested should recommend ways and means of financing this proposed school; (3) That the interested parents, citizens and civic associations should appeal to the St. Joseph County Tax Adjustment Board for thier support and assistance; and WHEREAS, these interested civic groups after study of the School Board's statements appreciates the.School Board's recognition of the need for the proposed school,, believe that this east side senior high school can be constructed and financed without the issuance of bonds or the in- crease of the total South Bend tax rate, and -thee proper acti-on must be taken so that the Ad- justment Board can properly consider the proposal during their deliberations next September;. F and WHEREAS, the study and investigation by-these groups indicates that the funds are or can be made available and in their opinion the only point at issue is whether these funds are to be used for unneeded or increased expenditures -or- for - needed educational facilities through the construc t.on of the proposed east side-senior high school.. NOW'THERTFORE, BE.IT RESOLVED that the South Bend School Board is hereby requested to include provisioi for this east side senior high school in its 1937 - 1939 budget so that the tax ad- justment board may duly consider t AND BE IT FURTHER RESOLVED, that ate recommend that the construction be financed without the in- crease of the overall South Bend tax rate through attention to the following principles of sound finance: (a) The civil city,•county, township and school city shall reduce their tax rates through the elimination of ell expenditures not absolutely necessary, thus making an add.itiona tax rate available for the proposed new senior high school buildnq fund without in- creasing the present total tax rote of $2.45. (b) All funds provided for items in the budget for 1937 which.do not recur in 1938 to be also held available for this proposed new school; (c) Use of funds which may be released from closed banks (d) Use of money obtained from the tax sale and payment of delinquent taxes. (e) Use of upwards of $100,000.00 additional revenue from the state Gross Income Tax. (f) Construction of.the school to be .timed so payment can.be made during s two ±year period thus obtaining money in two succedsive tax levies_. „ AND BE IT FURTHER RESOLVED THAT COPIES OF THIS RESOLTUION be sent to members ofthe South Bend School Boerd, to '.-the Mayor of South Bend, members of the City and County Council$, Portage T t:w nship Trustee, interested citizens and oivic associations. -- JOINT COMMITTEE FOR AN E4ST SIDE SENIOR HIGH SCHOOL Jasper. N. Barnes Chairman Councilman James moved that the resolution-of the East Side High School Committee be accepted end placed on file end, further, that this Council concurs with the intent this resolution and will do everything it can to cooperate with the other taxing units in assisting to obtain a mucr needed high school on the east side of the City. And, further, that a copy of this motion, together with the East Side High School Committee's resolution, be forwarded to the Mayor end the heads of the several departments of the City for their consideration and action when drawing up their budget estimates. Councilman Kerner seconded the motion. Motion carried 1 A. M. * A . 1�2,_ PARKING Councilmen Gcetz moved that the City Attorney draft en..:ordinance in regard to cars being removed from streets from 1 A. M. - 5-A. M. Councilman Chambers seconded the motion. Motion carried. R=ECESS FOR THREE MINUTES Mr. Wiedman read the following report : REPORT OF THE GENERAL CITIZENS' SEWERAGE DISPOSAL COMMITTEE TO THE CITY COUNTIL AND THE CITY ADMINISTRATION OF THE CITY OF SOUTH BEND, INDIANA. In compliance with the instructions given the General Citizens' Sewerage Disposal Committee by the City Council and the City Administration, the Committee now and herein submits its report. The instructions to the Committee by the City Council, at the time of the assignment of the study of the project of a sewerage disposal system for the City of South Bend, were predicated on three specific questions: First: If, in view of the sanitation and stream pollution laws of the commonwealth of Indiana, or any other commonwealth that might be affected by South Bend's stream pollution, there is a. likelihood of a forced action mandating the city of South Bend to take steps within the near:= future to correct this pollution prac- tice, should the city of South Bend undertake the project of building a sewage disposal system at this time? Second: If R sewerage disposal system, such as designed by Burns & MacDonald, Could be built within the amount of approximately Three Million Dollars ($3,000,C00), as estimated by them, should the city of South Bend under- take the project of building a sewerage disposal systet at this time? Third: If the Public Works Administretion is still aiding in the way of Federal grants up to an amount of forty - five per, cent- (4 %) of the total cost of the construction of sewerage disposal systems; should the city of South Bend undertake the building of a sewerage disposal system -at this time? The above three major questions, along with other less prominent questions but nevertheless no less important, were assigned by the City Council to the General Qitizens' Sewerage Disposal Committee for study. Inconformity to the instructions by the City Council and the City Administration, the General Citizens' Sererape Disposal Committee was organized as follows: a general Executive.Committee end ter sub- committees. The Executive Committee assigned certain phases of the study to each of the ten sub- committees with instructions to report their findings back to the Executive Committee. In the main the reports of the Sub - Committees are incomplete. These reports do reveal, however, that the Committees are divided in their position on the subject of the advisability of the building of a sewerage disposal system for the City of South Bend at this time. However, reports -as affecting the three riajor questions of the assignment are comprehensive and positive,in Phases of their findiings. THE LEGAL SUB - COMMITTEE FINDINGS By act of legislation in 1933, and that augmented by legislation in 1935, the question of stream pollution and sanitation was placed -under the Departrrrent of Commerce and Industry. The Sub - Committee learns through the- statutes-created by these two- sessions -of the legislature of the periods given- that it is within the power of the Department of Commerce- and Industry to make an- analysis of the condition and study the extent- of pollution created by the sewerage dis- posel now diverted -into the St. Joseph River. The Department in charge of the study of streams.! pollution intends to make a complete survey of the condition of the St. Joseph River in its flow through Indiana. This survey and analysis, the Sub- Committee is- informed, 'will be made not Inter than the middle- of .1938. If the Department finds a - condit ion of pollution existent in the St. Joseph River which does not comply - with -the- requirements of the sanitation laws of the State, action will be instituted against the municipalities causing this pollution. The laws are fortified by time -limit provisions. THE TECHNICAL & ENGINEERING_SUB *COMMITTEE FINDINGS The sub•- Committee is divided-on the subject of the adequacy of +he proposed sewerage disposei project as submitted In the proposal ae.furnished -by the City Administration for its-study. The _Committee: 1a not in agreement -on the likelibood that a satisfactory or` ade uste- seweree disposal system could be built for South Bend within the three million dollar ?$3,000,00n)' estim6te. THE FEDERAL GRANT SUB - COMMITTEE FINDINGS The study for the building of a sewerage disposal system for the City of South Bend-wea pr°e -- dicsted on the possibility of a. Federal grant- of money through the Public Works Administration up to 45% of the total cost of the construction. The Sub- Committee has been diligent in its efforts to ascertain the possibility of receiving this aid for: South Bend in this proposed project. The report reveals that the City of South Bend is too late in getting its proposal be- fore the Public "forks Administration. The report further reveals that with the return of prosp- erity and the disposition on the part of the Federal Administration to balance the National Budget during the next year, thereis a gradual dismantling of the Public Works Administration. There ere in excess of 2,900 approved projects awaiting PUPA allotments, with inadequate appro- priations to care for these already approved projects. Without recommendation, the-General Citizens' Sewerage Disposal Committee submits to the City Council and the City Administration the report of its study findings, and respectfully requests its dismissal. Respectfully submitted, (signed) G. Fred Wiedman General Chairman General Citizens' Sewerage Disposal Committee April , 1937. 8:45 P. M. REGULAR MEETING CONTINUED Councilman Goetz moved that the report of the General Citizens' Sewerage Disposal Committee be referred to the Board of Public Works end they in turn report back to the Council. Councilman Chambers moved to emend Councilmen Goetz' motion by expressing appreciation of determinin-V the facts of the sewerage disposal plant. Councilman Goetz accepts the amendment. Councilman Rasmussen seconded the mct ion. Mo +ion carried. There being no fur +her business Councilmen James moved to adjourn. Councilman Bierwagen seconded the motion. Motion carried. Council adjourned at 9:00 P. M. ATTEST: APPROVED: 17\Jt/ CLERK PRE IDE"