Loading...
HomeMy WebLinkAbout04-24-39 Council Meeting Minutes1.1.9 MINUTES Be it remembered thrt.the Common Council met in the Council ChPmbers in the City Hall, Mond.Py, April Ath Pt. 7:40 P. M. All members .were present. President McCarthy presided. COMMUNICATINNS To the Honorable Council City of South Bend, Indiana Gentlemen: South Bend, Indiana. April 22, 1939 The City Traffic Commpssion at its meeting April 19, 1939, accepted and approved a re- port of the Engineering Committee in regard to the traffic problem at the intersection of Miami and Ewing Avenue. The Committee, after holding P meeting with 17 interested citizens from the vicinity of Miami and Ewing, were of the opinion that the majority of citizens present were satisfied that the installation of a. traffic signal at this intersection wrs not the proper solution_ to the problem, and that the present stop signs are giving them the maximum amount of safety.. The Committee, after carefully considering the facts in this matter, made the following re- commendotions to further safeguard the intersection: 1. That the present stop signs be maintrined at the intersection. 2. That the speed lrws, especially on Miami Street, be rigidly enforced. Also, enforce- ment of the stop signs, parking regulations, etc. at this intersection. 3. That stop or limit lines ;end the word. "STOP" be pP-inted on Ewing Ave at the anproPches of Miami Street; that a center line be painted forty or fifty feet east and west of-the stop or limit lines on Ewing Avenue; and that "SLOW" be painted on the pavement are sufficient distance back on all four approrches to the intersection, to encourage a reduction in speed through this intersection. Respectfully submitted, CITY TRAFFIC COMMISSION By Ellsworth Butz, Secly. Councilman Hull made a motion that this communication be accepted and placed on file. Seconded by Councilman Richardson. Motion carried. Communication from the Mayor with Resolution ettpched was read.as follows: To the Common Council. of the City.of South Bend. Gentlemen: Re: Sewage Treatment System April 24, 1939 x In view of the fact that P motion wts passed in the Council at your last regular meeting, requiring information from engineers, concerning a Sewage Treatment System, the Mayor, to- gether with the Board of Public Works transmit this communication to you. It is transmitted Pt this time, because we feel 811 you at the time consideration is being given the subject information before you, you will be in a better position is advisable to consider the building of a Sewage Treatm if:found advisable, how the proper approach and carrying comnlished. available facts should be before above mentioned. With all available to judge, first, whether or not it ent System at this time, and, second, out of the project should be ace As you gentlemen know, the building of a. Sewr,ge Treatment System has been a subject of discussion and negotiation for more than two years. There have been warnings from the State Stream Control Commission of Michigan, as well as from the Indiana Health Department, that the city may be mandpted to construct such r system. The last letter from the Depart- ment of Commerce Pnd Industries of Indiana, dated March 10, 1939 is as follows: mr. Clyde Willirms, City Engineer, South Bend, Indiana Dear Clyde: B.A, Poole Pnd I have been discussing our street survey program for this yepr and inasmuch Ps the St. Joseph River will receive our chief attention., I feel that it might be of benefit to you to know of our plPns. It is our intention to make a detailed Pnd final survey based on twenty- four,hour composite samples Ps is necessary under the streRm standards provided in the 1935 Act. This, of course, cannot be done until weather conditions permit which is usually not earlier than June. This would make any official notice and order to violators Pbout August or September. L understand th ^t South Bend has a WPA allotment for intercepting sewers and also an excellent opportunity of securing_ PWA Pssistpnce on P disposal plant if action is taken very soon. Inasmuch Ps the general information we Plready have on the St. Joseph River gives us a pretty definite idea ?s to the outcome of this P y year's investigation, I believe thet South . Bend officials should give very serious consideration immediately to the entire problem on ac- I) count of this Federal Pid. There is also the State of Michigan's "position in this matter to be - considered. In June of 1937, the Attorney General's office of the State of Michigpn was advised that Indiana mould take rdtion in this matter not 1pter than 1939, ^nd I believe thpt this h?s had considerable influeno in their not Poing ahead with their suit against the City of .South Bend. I am inclined to be- lieve thpt unless action is taken this ye?r that they will go -head. I hope that you will be able to get this information_ to others who Pre interested in this matter as it mould be very unforunate for the City to receive nn officiel order after it is too lete to secure Federal eid. (Signed) W.H.Frezier Whether the City would receive rn official order to build a plent after the test Above. de- scribed is made, is of course, a matter of conjecture. There are other important rngles that must be taken into consideration when you e-re forming your opinions of this project. We must provide some project th, t will provide employment during the minter months for `NPA labor. The past two winters WPA has been employed in street grading projects. These projects were largely in areas very sprrsely populated and on March 16, 1939, we were notified by Mr..Roa.ch the Director of this area, that the projects must be abandoned at once, and that in the future, such projects..would not be Ppproved by WPA. Mr. Roach stated. at this meeting, that since these grading projects must be abandoned And would no longer be Approved, it is very essential some project be set up which would take esre o of the WPA workers during-the winter months, And, thpt the most feasible project, so far propcsed� wr-s the building of a Sewage Treatment System. Last year An application wps made for a SPA allotment for intercepting sewpTs, and, this was approved End has Presidential a "pproval for $1,335,773.00 in Federal. Funds. This money is ear - marked for thrt purpose. The Federal Fiscal Year closes June 30, and we are told tb t unless this project goes ahead, the above approved allotment will automatically be lost. Last year, ^lso, an application was made for a PICA grant to be used in the construction of P Treatment Plant, and. the cross -overs for the intercepting sewers. The project was approved . for a 45o /o grant of Federal Funds, but was rescinded because the sponsor's share of funds neces spry, was not provided. Investigation msd.e by this Board, as tb --the possibility of re- instating this grant, brought us the following letter from the Assistant Regional Director of PWA Hon. Jesse I. Ppvey, Mayor, South Bend, Indiana. Dear Sir: We have your letter of Februrry 11, wherein you request the status of a P"VA Axnplica,ticn which, prior to JanuAry 1, 1939, received ^n allotment and which was in a. preferred position. Our record indicate that this r1lotment-wp s rescinded. If it is the desire oftyour Common Council to reinstate, a resolution to thpt effect will be necessary. Such a request will be trAnsmitted to 11pshington without delay. If the Central Office taked an entirely fAvoralble view, it is quite possible that your application may be reinstated, which action would place it on a "-pending" st2tus. The reinstatement of nn ,application =end the reinsta�ement of an allotment are distinct and sepnre.te trpnspctions. You may hrve an active application, as is the case with hundreds of appliornts, but funds may not now be svAilable to take c ^re of your request. As a matter of further informrt.on, the Act under which this progrem is nndled, states specifically th-�t no funds may be" ^lloted for projects which cannot stArt prior to Jrnu =xy 1,1939 (Signed_) Asst Regional Director, G.L.Rounds. No work can be started on the intercepting sewers, and the money already approved . for that WPA project mill not be av?ilrble until such time as the Council has taken action assuring suf- ficient evidence of intent of construction of the Treatment Plant, river cross - overs and pumping stations. It must be borne in mind thpt arrangements must be mrnd.e providing the City's sponsored share for both the above projects, if it is decided to go Ahead with the Sewage Treatment Pro- ject. Coming at this time, when we are fpced with large payments end cost, due to Supreme Court rulings concern�. ng Barrett Bond Assessments, it is a matter of vital concern. Only the necessity of providing wflk for.the unemployed daring the winter months justifies, in our minds, giving considerations to ways rnd means of progressing with this project at this time. It has been the thought of this Board thrt the most equitable method of providing funds for a Sewage Treatment System would. be through the issuance of Generel Tax Obligation Bonds for the Sponsor's share of the cost of the intercepting sewers tnd Service Charge Revenue Bonds for the Sponsor's"shpre of the cost of the cross- overs, pumping stations and Treatment Plant. In that way, all t^xpayers would- participate in the cost of the intercepting sewers and only those using the Treatment Plant would participate in theexpense of the building of the plant and the cross- overs. Our primary concern at this time, is confined to the contruction of the intercepting sewers The work of constructing this can, tnd we feel should be, extended over a period of perhaps three yeprs. Extending this work over a long period of time will provide more labor end the sponsor's share of the cost will be reduced. The actual outlpy of money will be reduced for the taxpayers, and, from preliminary:esti- mates, we feel that a sum of $2 0,000.00 will carry on this project for a minimum of one and a half to two years time. The only reason for con S4 of the problem of building a Treatment Plant and. cross- overs Pt this time is because the Council must agree to provide funds,'when necessary, for the Sponsor's share of the cost,before the JqPAfunds will be released for the intercepting sezrers. It is „therefore, the thought of this Board that no further action be taken relative to the Treatment Plpr-rt end cross - overs, other than P. resolution by the Council pledging themselves to provide funds for the sponsor's share of the coat when necessary. The only desire of this Board, and we fire sure the Council concurs,, is that, if and whet_, a Sewage Treatment System is built for this city, it will have been built at the least possible expense to its taxpayers, and when completed that it will perform 100o /o those functions for (which it has been constructed. This being true, we pre not concerned with any pprticulnr type of n1pnt, except it be the proper type to perfbTm its functions best for South Bend_. In order to know the proper type of plpnt needed, exhaustive studies of the various types of sewage to ..be treated., as well as mr-ny other factors which enter into the designing, construction and per - form nce of a pl^nt suitable to our City, must be completed. If the WPA allotment is to be saved, time will not permit the accumulating of the necessary information to decide on the type of plTpnt we need, and such information is,not imperative at the present time. The report, which the Council ordered from engineers at its 1.. ^st regular meeting, will of necessity be brief, incomplete and inpdequpte for taking conclusive action to- night. In conclusion, we «rish to summarize our thoughts on the entire matter as follows; 1. The construction of a Sewage Treatment System, entailing as it does, theexpend.iture of a 1prge sum of the taxpayers' money, should be approached with caution and only approved after careful and thorough investigation. 2. If end when the decision is made, to proceed ttrith the construction of such a. system, then -a11 diligence should be exercised to see thpt it. is built at the least possible expense to the taxpayers, proper construction being considered. 3. CPreful and thorough investigrtion should. br mpde of all types of Treatment Plants, as well as the sewage to be treated., in order to determine the type of plant which will serve South Bend. best, 4. "It should be kept in mind thrt if ^nd when a Sewage Treatment System is built, we Went it built so thpt the Tpxpayerp will hpve value received for every dollar expended, end thpt the system is the best possible for South Bend. In view of the fpct thpt the matter of building p Sewage Treatment System is a problem of finance pnd thpt the Common Council must provide the mepr_c and methods of furnishing the neces- sary funds for the construction of r-ny such system, the matter of determining whether or not we shell proceed with the construction of theis project, is, in the finpl Pneiysis, one for your body to determine.. If we to endeavor to- obt ^in the reinstatement of grr nt of funds from the Public 'forks Administration for the purpose of finpncing p part of the cost of the building the Sewage Treat - ment Plant and river cross- overs;,then it will be necessary for the Common Council,.by proper resolution, to indicate its willingness end intention to provide the, necessary funds for the Sponsor's sha=re of the entire system. Inasmuch as time is pn import?nt element for the procuring of Federal Funds Cnd assistance for the construction of this whole project, because of the necessity of obtaining the PGA grant end the retention of the WPA project before the expirption of the Government's fiscpl year June 30, we rre'submitting herewith for your consideration a form of resolution., which we be- lieve will sptisfy the agencies of the Federpl Government; in the event you feel, after proper. consideration of the matter, that this project should be undertaken rind that the pcsistance of Ithe Federpl Government should be sought in financing the construction of the System. Jesse I. Pavey,•Mpyor Clyde Willi?ms, Pres. . George N. Beemer Harry S. Driggs BOARD OF PUBLIC WORKS AND SAFETY. RESOLUTION:OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, RELATIVE TO THE BUILDING OF THE BUILDING OF INTERCEPTING S7TERS AND A SEWAGE TREATMENT SYSTEM. ;WHEREAS, thenumber of persons on direct relief in South Bend, Portage Township, Indians, is approximately 8,000 people, -nd. the prospects of materially decreasing the relief load in said City in the nepr future ^re negligible, and WHEREAS,.the City of South Bend is confronted with the necessity of putting men to work on useful projects, and ,WHEREAS, the attitude of the State Bonrds of Heelth of Indiana and Michigan toward strum pollution is such thpt the City of South Bend may be compelled., in the near future, to abate the pollution of the St. Joseph River by the disposel of sewage, and WHEREAS, the Feder, -1 Government h -s, through the Works Progress Administration, made F v?il able in the sum of $1,335,773.00 for pn interceptor sewer,.provided the City of South Bend meets the conditions of the Works Progress Administration, and WHERFAg,it is r_ecessa-ry to mpke provisions to finance the sponsor's share of the Works Progress Administration project before work cp-n be stprted L-nd it is also necessary to provide for the treatment of the se -rpge after it is collected in the interceptor serer and conducted to a paint- below the City of South Bend, and WHEREAS,the City of South Bend made application with the Public :corks Administration for a 450/0 grant to aid in the fin7nncing of the sewpbe treatment plant, river crossings a.rd pumping stations and a communic^tion from the Public Works Administration, dated February lSth, 1939, indicates that a re- instatement of the application Pnd the grant of funds is possible, if application for such re- instatement is made immediately, NOW THEREFORE BE IT RESOLVED by the Common Council of the City of South Bend th=_t the Board. of Public Works and Spfety be authorized to make application for re- instatement of P. grant from the Public Works Administration for the fin?ncing of the sewage treatment plant and river cross- ings. BE IT FURTHER RESOLVED thpt the Common Council of the City of South Bend declares its in- tention to issue general purpose obligation bonds or revenue bonds to cover the sponsor's share of the Works Progress Administration project in connection with the building of the interceptor sever; said bonds to be issued es said, project requires, Ior as they are required for the expe- ditious hendling of such project. BE IT FURTHER RESOLVED that the Common Council of the City of South "end declares its in- tention to pass the necessary ordinances Pnd resolutions as provided for under Chapter 61 of the Acts of 1932,'.t6 provide revenue bonds to pay for the City's share of the cost of the'seara.ge treatment plant, river crossings and pumping stations at such time as funds may be necessary for the building.,-of said treatment plant , rivers crossings and pumping stations. George F. Hull Member of the Common CouncEl A motion by CouncilmRn Richprdson that this resolution be referred to the Committee of the Whole a.t its next meeting ray 1, 1939. It arcs seconded by Council Heideman. Motion ca- rried. PETITIONS TO THE COMMON COUNCIL CITY OF SOUTH BEND, INDIANA We, the undersigned, being owners all of the property herein described respectfully petitio: your honorable body to amend Grdinpnce No. 2331 Commonly known as the zoning ordinpnce to Lots numbered 23,24,25,27,29,29,rnd 30 in Leeper's 2nd. Addition to the City of South Bend, Ind. by by changing tree use district.of this property from A residence to C.•Commercisl and th,pt the heig.ht pnd Prep district of the aforespid lots with the addition of lot number 26, be chpnged from A to E clr— "ificetion. 4 ( signed) Kittle L. Metcalf Samuel Metcalf Mary L Maynard by Kittie L Metcalf attorney if fact by written poorer of attorney 'l St,= t e of Ohio` Franklin County Before me, a Notary Public in and for spid County, appeared the above named persons and acknoar ledged their signatures for the intent end purposes of the foregoing petition this 21st dzy of April 1939. (Seal) Gertrude Hamilton Mar commission expires RTotpry Public Sept, 19, 1939. Stpte Of Indipna.. ) Albert P. H^ns St. Joseph County. Ella C. Hpns Before me, allotary Public in and for spid county, eppeFred the above named persons end I ack- noarledged their signatures for the intent pnd purpose of the foregoing petition this ?4th d=ay of April, 1939. PFul N. Butler (Seel) My commission expires: June 27, 1939 Councilman Pulaski made a motion that this petition be referred to the City'Plan Commission".' Councilman Heideman seconded the motion. Motion carried. REPORTS Report of Commottee of the Whole. ITo the Common Council of the City of South Bend. (Your Committee on Ordinances to who 'FPS riferr d aOrdenpnce `3245 respectfully report that they PxamirpH the mp'ttp.r and that in the Tr opin on Ms ordinnce should be held in the Odrinanoe Committee, and given further study. The committee on grievpnces to whom was referred "An Ordinance requiring the Grand Trunk Railway Company and the New York Central Railway Compnny(and /or New York Central System) to place, keep and maintain a Flagman at Walnut and Ford street crossings; and providing for penaltyl' which was rejected. (Respectfully report the Grand. Trunk RR Company and the New York Central Company have.made the following improvements to the Crossing Protection at Ford, Harris and 7Aalnut.Sts. Installed flashlight heads, with back to back indications, new reflectorized(Cross Buck) cross- ing signs, new reflektorized (number of track) signs, new reflectorized (stop on red signs --ls) signs and painted all signals. These signals are now in accord'nce with standards of Indiana St-rte Highway Department and the U.S. Federal Bureau of Public HiF-Thwrys. Red indication lights were.instr1led on both sign.-is at Ford Street,south signals at Harris ?nd. south signals at WrinutbSt. fdT use of trainmen in switching over the crossinQ-. New .Central switches ^nd illuminated charts with indication lights were installed in tower to indicate to crossing men when flashed were workin -g. Annunciators were instilled on both GT7T RR Company - nd.NYC RR Company for westward trains coming from the elevation erst of Arnold Street to inform crossing .men of their approach. Yard telephone has been installed in tower in brder.that crossing watchmen crn keep in closer touch with movements of trains. Signs have been placed each side of Harris and Walnut Streets and instructions have been issued th-t c -rs are not to be nl.aced between the signs r_nd the street. Motion by Hull and seconded by Neidgodski that report be adopted and substituted for or,,!gnrl . ordinance. Motion carried. Leo. M. Jordan Chairman. A motion by Mr. Brennan and seconded by Mr. Richnrdson.that the report be accepted. Carried. The annual report of the Controller of the City.of South Bend alas accepted and placed on file. Report of the City Controller for the month of March: Balance on hand first of month Balance on hand end of month This report wf s ordered a'c,cepted. and placed on file. CITY PLAN COMMISSION SOUTH BEND? IND. ITo The Common Council City of South Bend, Ind. $1)142,323.20 $ 912,804.92 April 22, 1939 Gentlemen: Petition of Jacob Marckle et.al. for change of zoing classifica,ti©n of Lots #59, 60 and 61 Orchard Heights 2nd. Addition fron "B" residence to "C" commericial use zone has been considered by the City P1nn Commission rnd this change has been recommended. It is further recommended th ^t the height Pnd area district classification of these lots be changed from "A" height and area district to "D" height and a -rea district. Very Respectfully, D. Moomaw, Secty. Report accented. ORDINANCE NO. This ord.inrnce-is rmendrtory bf Ordinance No. 2331 adopted by he Common. Council of the City of South Bend, Indiana on June 25, 1923, commonly known rs the Zo�ng Ordinance This Ordinance rps given its first rnd second reading. Councilmen Hull made a motion that this ord.in^nce be referred to the Committee of the Whole and proper publication be given. Seconded by Council Br^nnpn. Motion w?s carried. ORDINANCE NO. AN ORDINANCE TO AMEND ORDINANCE ;2331, INSOFAR AS THE SIAD ORDINANCE IS APPLICABLE TO LOT #LAS BAKER AND MCHENRY'S ADDITION TO THE CITY OF SOUTH BEND. This Ordinance was given it first and second reeding. A motion mode by Mr. Neidgodski rnd seconde by Mr. Bishop th ^t this ordinance be referred to the Committee of the Whole rnd be given proper publication. Motion carried. RESOLUTION: TO THE COMMON COUNCIL OF SOUTH BEND: RESOLUTIONS PERTAINING TO THE ERECTING OF FLASHER SIGNALS AT GREENLAWN AVENUE; AND THE GRAND TRUNK AND WESTERN RAILWAY: 124 WHEREAS: The New Fist Side High School now under construction at Mishawaka. Avenue Pnd Tveycken= hem Drive will necessinte a greet number of students living in the east part of the city north of the Grand Trunk and Wester Railroad using the Greenlawn Avenue crossing of- the sbove named railroad Pn their way too and from school. And WHEREAS: This railroad crossing is and has been a very dangerous crossing; THEREFORE BE IT RESOLVED: By River Park Post No. 303 of the American Legion , th t the Common Council of the City if South Bend be asked to take the necessa=ry steps to cause to be erected at the Greenlawn Avenue crossing of the Grand Trunk and Western Railroad modern Flasher sign-ls: BE IT FURTHER RESCLVED THAT: A copy of this resolution be presented to the Honorable Jesse I. Peavey, r,1.ayor of the- City of South Bend BE IT FURTHER RESOLVED THAT: A copy of this resolution be presented to the President of the Common Council of the City of South Bend. This-resolution pissed by River P^rk Post NO-303 of The Americen Legion at their regul?rmeeting held April 19,1939• SIGNED Vern G. Scott ADJUTANT ;falter A. Bishop 3rd. District Xm. Richrrdson Councilman Pt large. A. motion by Pulrski Pnd seconded by Bishop this resouution be referred to the Grievance Coma- mittee�. : Petition attached with resolution shows 46 signers. Report on estimated cost of intercepting sewers for sewage disposal system wPs presented. by Willipm S. Moore, Consulting Engineer of South Bend. Cherles vY, Cole gpve report on estimpte of construction costs of severpl methods of sew. -ge treatment for-the City of South Bend. Councilmen Hull made - motion for ndjoi_i.rnment, seconded by Councilmen Rich.p.rdson, There being no'further business the meeting adjourned st9:45. APPROVED: ATTEST: PRESIDENT CLERK (/ k