HomeMy WebLinkAbout05-08-39 Council Meeting Minutes125
REG?7LAR ?%,T, ,,,E`��ING '�iFurj_'ES I�. ".AY 5. 1070,
Be it remembered that 'the Common Council !net in the Council Ch�.mberfi in the Citv Hall, Monday
May 8, 1939, at 7: Z f P.M. All members were present. President McCarthy presided. The reeding
of the minutes was suspended.
C 0111,IUIN I C AT I ON
To the Honorable Council of the City of South Bend, Indiana.
Gentlemen:
On rionae.y evening, April 24, 1939, estimates were given you on various types of 4.ewage treetment
plants. These estimates were based on a -population of 150,000 people rnd ran aps,.,med sewage flow
of fifteen (15) million gallons ner day. Using these same figures, we submit the following
estimate on cost of construction, cost of operation and degree of treatrr.ent which can, be ex-
pected of a chemical treatment plant of our design.
Cost of building, ecui.pment, engineering
inspection, and royalties 8860,000.00
Operating cost per Million gallons 10.00
Opere_tling cost and maintenance per year 50,000.00
Treatment: Effluent of plant
day B.O.D. not over .3 -0 Parts Per Million
Suspended. solids not over 15 P.P.M.
Solids in solution over 70% removal
Dissolved_ Oxygen over 6 P.P.M.
You will note that with one exception the percent removal or percent re,�3 cation is not given.
The above figures r epresent an effluent where 95% of the nutresci.ble material has been removed.
In this nr_ocess ,ie are able t o adjust the degree of treatment and the r ctual cost of such treat
ment will be based accordingly. Anydegree of purificationdesired can be obtained by the adjust-
ment of the amount of chemicals and carbon used..
The above figures are f or a complete treatment and represent a. substantial savings to the city
on the plant alone. Actual cost of a plant forSouth Bend can only be determined after a care-
ful survey of the seviage problems. There are other features of this process which suggest
changes in your present plan of a sewage disposal system, which will affect the cost of both
the plant and the sewers. These changes, if effected,, will bring about another substantial
savings to the city.
We feel that by using this process of treatment the city can save considera-ble over x;500,000.00,
and at the same time produce an effluent better than any other known process.
PUTMAN SYSTF,T�7 OF SESAGE TRT�ATMENT
ByY A. R. Putnam _1
Councilman Richardson made a motion that the communication be placed on file. Councilman Brannor
seconded the motion. Motion carried.
RFPORT OF THE, 001T VITTEV' OF THE THOLE
Tr` THE COMIrON COUINCIL OF THE CITY OF SOUTH BEND: t
Your Committee of the whole to whom was referred a motion reger:aing a sewage disposal ;clan for
the city of South Bend, Indiana,
Respectfully report that they have examined the matter and that in their opinion this matter
should be kept in the Committee of the Whole for further consideration and study.
Leo M. Jordan, CHAIRMAN
Councilman Hull made a motion to .accept the report. Councilman Niezgodski seconded the motion.
Motion carried..
REPORT OF CITY TRAFFIC E ?rIN}~ERINCx COMA IT'1'FE
TO THE CITE' TRAFFIC CO'111ISSION
South Bend, Indiana.
The Engineering Committee of the City Traffic Commission held a special meeting in the City Hall,
Tuesday, May 2, 1959, E_t 4 P.I12., for the purpose of discussing with interested citizens the
traffic problem at the intersection of Washington and Walnut.
Present at this meeting were: Mr. Williams , Mr . Richardson, Mr. Minczewski and Mr. Miller,
members of the committee, and ten interested citizens including councilman Niezgodski f rom the
Washington Walnut district.
The results of studies made at the intersection by the traffic engineer were presented.. These
studies covered acci.derit experience, volume of traffic, delays to cross traffic, Speeds on
Washington Avenue and pr eeent pGr':ing conditions.
Oomp- r.isons of other intersections in the city experiencing similar traffic difficulties during
peak and. off pea'. hours were presented.
It was explained by the committee that no funds were available for traffic signals at this time.
It was also explained that while it was the opinion of the committee at this time that no
traffic signals were necessary t this intersection, they - would, however, reconsider the matter
at a later date, along with other intersections in a proposed traffic signal project for 1c)IL0.
A plan showing proposed parking restrictions, crossivalk lines,etc., was presented, and it was
explained that this plan should be adopted even though traffic signals were installed at the
intersection at a later date.
Much objection was voiced in the matter of elimir._.ting parking; in f ront of the business estab-
lishments on Tashington Avenue, and also in the matter of the nosGibility.of not installing
traffic signals at the intersection.
The citizens present were a efinitely against the proposed prohibited parking,, and were of the
.opinion that traffic signals should be installed i.m- aiediately.
The Engineering Committee crakes the following recommendations to the Traffic Comrf.ission.
1. That the plan for restricted parking,. and crosswalks as drawn by the traffic engineer be
adopted immediately.
2. That enforcement of these r egulations as well as other oarking regulations at and. near the
intersection be enforced.
3. That the 20 M.P.H. speed regulations on :'Jashington Avenue through this area be enforced..
4. That the enforcement division consider the possibility of assigning a police officer to this
intersection dui.ng. peak traffic periods.
Resrectfully submitted,
Engineering Committee
(Signed) Tr.nest H. Miller, Chairman
Councilman Nie ,7godski motioned. that the report be tabled. Councilman Heideman seconded the
motion. Motioncarried.
TO THE COMMON COUNCIL
CITY OF SOUTH BEND. IND.
REPORT OF CITY PLAN COTRMISSION
May 5, 1939
Gentlemen:
Petition of Robert and Josephine 74Titt for change of zoning classification of lots No. ", 5 and 5
Seeberger Is Michigan St. Addition f rom ''C" , commercial, and "'" height and area. district to "B"
residence and "B" height and area district;
The location of these lots, is shown in red on the accompanying map, at the corner of S. Michigan
St end Victoria St.
The City Plan Commission r ecomrr,ends that this chenge be made.
Yours truly,
D. Moomaw, SECY.
Motion to a.ecept,� report made by Councilman Richardson and seconded by Couneilm .Rn Bishnr. Y.ntion
Carried.
TO THE COTS YON COUNCIL
CITY OF SOUTH BEND, IND.
Gentlemen
RtPORT OF CITY PLAN COM'VISSION
MaY 5, 1939
Petition of Ttustees of Building and,Loan Association, et.al. for change of zoning claseifica_ti
of rroperty bounded on the north by California Ave., on the east by the alley .vest of Cottage
Grove Ave., on the south by Van Buren St. and. on the west by Blaine Ave. was considered by the
City Plan Commission at their r_ meeting 1! arch 4th .
There seems to be a little confusion as to what the petitioners are asking; f or but from their
exr cession before the no Plan Comr.,iesion it is apparent that they wish the charge to to from;
"A" residence to "B" residence district.
The City Flan Commission recommends th8.t this property be changed from "A" residence district
to "B" residence district and that no change be rrede in the height and area district.
Yours truly,
U. Moomaw; SFCY.
Councilman Bishop made a motion th�:t the r.e-rjort be accented. Councilman Rich< rdson seconded
the motion. Motion carried.
:ctFORT OF CITY TREASURER May 1, 1939
A Report of the City Treasurer of Snecia.l A nropriations for Barrett Law Department
Common Council
City of South Bend
Gentlemen:
I feel it is a duty as a matter of inform`tion to the Common Council, of the activities and,
eccomplichmentp for mantes ar_.rrorrivted by 17nu on t "lo occasions for !'1.Prix hire, to casry out
the order of the Supreme Court by the Barrett Later ')ecision. of February 1, 10-219.
For a long ?period. of time - reports of reco-r;7 examin.tionG by the Str_te Board of hExe
carried an accounting deficit. The exerci_nation made by the ^11-a-te Board of Accounts ending; Jilly
22, 1935, this deficit item appeared for x'30,13 l7.37. By employment of additional cler'c with -
rr:oney appropriated', by you, we were successful in removing this accounting,. deficit and a. city
liability eliminated. by the said amount.
We have abstracted about X1.,000,000 worth of assessments that have been paid by offset, rl.a.ced
payments on active books. Certificates of ,credit for bonds that were used by - r,rorerty owners
to satisfy their asses .-ments are now being; made. We hope to complete this phase of the audit
in about tern days.
On or about the 15th of Yay, work will be stErted as to actual determination of the city liabil-
ity. 1 e have no idea as to a definite amount of liability that will be borne by the city at
this time.
Ire hope for co-operation of you members of the Coraron Council and all c iti,?ens when tree liabil-
ity is finally d.eterrr+ined, to formulate a plan of finance to eliminate a sudden increase in g
the tax rate to meet this liability.
Yours very truly,
(Signed) Peter A. Bec?ki_e,.aricq
City Treasurer
Councilman Hull made a. motion to file the report. Councilman Brannon seconded. the motion.
Motion carried.
ORDINANCE NO. 327x- .
This ordinance is amendatory of Ordinance No.2331, adopted. by the Common Council of the City of
South Bend, Indiana, on June 25, 1923, commonly knovm as the Zoning Ordinance.
BT IT ORDAINED by the Comrr:on Council of the City of South Bend:
SECTION 1. That Ordinance. No. 2?31. of the City of South Bend, Indiana, otherwise
known Ens the 7oning Ordinance, be and. the same "hereby is amended as follows, to -Wit:
That the following describedreal estate heretofore classified ak; a B regidenti&1 use
district be and. the same is hereby reclassified and revzoned as a Class C commercial use district
and shall hereafter be su6ject to all regulations and. rests. ictions affecting real estate 7-oned.
for Class C commercial use as defined by Section 5 of said Ordinance No. 2531; said property
being the following described real estate located in the City of South Bend., at. Joseph County,
State of Indiana., to -wit:
Lots No. 59, 60 and 61 in Orchard Heights Second Addition to the
City of South Bend.
BE IT FURTHER ORDAINED that the aforesaid real estu to be and hereby is changed f rom
A height and area district to D height and area district, and that said real estate shall_ here-
after be subject to all the regulations of Section 13 of said. Ordinance No. 2331.
SECTION 2. This ordinance shall be in fullforce and effect from and. after its pa.ssagi
by the Common Council and. its approval in uniting by the Mayor .
(Note: notice of public hearing published. in South Bend Tribune' and The ?,.!irror on )-1/28/39)
This ordinance !vas given third. reading- in full by the Clerk and public hearing held. The ordin-
ance was passed by roll call vote of 9 eyes - 0 nays.
ORDINANCE YO. 327' -
AN CRIJINANCF TO AMEN ORDINANCE -2331 , =FAR AS THE SAID
ORDINANCE IS APPLICABLE TO LOT #ag BA "rTR AND ITCHFNRY' S
ADDITION TO THE CITY OF SOUTH BEND.
BF IT CRDAIN?4D by the Common Council of the city of South Bend, Indiana:
Section 1. That Ordinance ;2771 be a mended insofElr as s�:id or,?inaAnce is e.- disable
to Lot No. - in Baker_ a-nd YcHenr's, Addition to the city of South Bend, Indiana, by char,Fing
the ?oning of said Lot anti. from B use a.nd. A refight and area d.isirint to 1 -fight industrial. or D
use and E height and area district, as -provided by said or,�intnnce ', 2331.
Section 2. This ordinance shell be in full" force and effect frog; n l � +er its en-
actment and approval by the lRayor.
T7'0. t HiiLI.
Yember of the Common Council of South Bend.
(?Mote: '','otice of public h6&rin� rublished. i-r. South Bend Tribune End The Virror on )'/25/70)
This ordinance given t bird reading in full by the Clerk and -,_ ublic hea.rin held.. Ord i nEinc e
passed by roll call vote of c eyes - 0 nays.
Councilman Niezhodski made a motion that the -petition for a traffic signal at 'Washington &
17alnut Streets be referred to the Grievance Committee for consideration.
Councilman Richardson m�,.de a motion to amend the :notion to include the petition for traffic
signE.1 Eat vt. and 1,wing; Ave.
The amended :motion was seconded by Councilman Brannon. I :Foti.on carried.
Councilman Pulaski made a motion for Ldjournment.
" & 1 7:55 P.M. Council �d journec P..�.
ATTEST: 5/
At�
17 Lr7K
Councilman Nie7podski seconded the motion.
AI'PR`177D :
-.�C IDL'�I1Tm
128
Be it remembered that the Common Council met in the Council. Chamgers in the City Hall, Monday
May 22, 1939, at 7 :32 P.M. All members were present. President McCarthy r.resided. The reading
of the minutes was suspended.
C Oi'v,i,'UN 10 AT ION
City Council
South Bend, Indiana
Gentlemen:
May 11, 1939
This Company is the owner of an- proximately 50% of the lots abutting Nineteenth Street between
Wilson Avenue and Colfax Avenue.
Ale, therefore, respectfully petition your honorable body to change the name of Nineteenth Street
between Wilson Avenue and. Colfax Avenue to Ellsworth Place.
Respectfully submitted.
INLAND BONDING COi��P VTY
By E. A. Coates, Secretary
Councilman Hull made a motion that the communication be referred to the Streets & Alleys Commit-
tee. Councilman Pulaski seconded the motion. Motion carried.
00M.YUNIC AT I ON
Gentlemen':
South Bend., Indiana
May 22, 1939
I had. originally meant to read the enclosed letter at your Council meeting; lest Monday Night,
however, 'I discovered that it had been postponed.
Business -' Prevents me from attending this meeting tonight but I am enclosing said letter for your
consideration this evening. It is as you will see of vital i.rnportance to you gentlemen and the
tax - payers of the City of South Bend as a whole.
I personally feel that you g entlemen will be doing a great service to our community by giving thf
matter stressed herein you most careful thought and consideration.
The Common_
Gentlemen:
Council of the 0it1T of ... South Bend
Yours very truly,
W. H. TROST , JR.
May 14, 1939
Upon one of my visits to the City Hall, I noticed that some repairs were being made, and. upon
investigation, I found. that an atterrart was being made to install the Police Radio in the Police
Quarters of thetity Hall:
Having served in an official capLcity under former Administrations at a time when the Police
RFdi.o was. installed, I quite ,naturally was anxious to learn why it was-now being removed.
I was told that -,by having this ..department under the direct supervision of the Police, and. in
quarters set aside for police work, it would promote greater- efficiency in operation. That was
more natural then, than to assume the position that the present method. of operation was i:neffic -'
Tent and. inadequate.
It was under this premise that I began my investigation. I talked with various Police officers,
with men who made a study of the proposed plan, radio men themselves, and finally I visited the
Broadcasting Station itself. The answers that I received to my questions wereanazing.
I discovered that the station was being operated -with the same degree of efficiency as that of
any other station of its size in the State. Secondly, I found that there Yews a general con -
census of opinion that Chief Ingram had not given himself the time to become acquainted with
its operation to discover whether or not it was operating efficiently or inefficiently, but
assumed the position that its operation anc. methods were different from those of Witchita,
Kansas, therefore, our system, w o _old have to be r eva_mped. Thirdly, I found th<<_t the building
located at East Wayne Street was especially constructed as a fireproof building to house the
Police and. Fire Alarm Systems at a. cost to the Ta.z=)ayers of South Bend of a sum in excess of
$175,000.00, and that to rernove this Commiunications System from this building to the City Hell,
which building is fair f rom being fireproof would be a. grave error in judgment. Consider, Gentlej
mien, what would happen if the City Hall should burn, and thepossibility is not too remote for I
understand that it has been considered a potential firetrap. If as I say, this should occU.r and.
this im- oortant communiction systern is housed therein, it Tn-ouldcertainly be imperiled and
possibly destro;Ted . Fourthly, I foun? that the same end. could be reached by merely placing a
microphone at the Sergeant's Desk, and groadcasting could. be done by remote control, leaving the
Radio Transmitter in the building in which it now rests.
Under the proposed plan the various branches of t'^e Police department will have direct comx:uni-
ca,ti.on with the main a_t b-he -ixiicrophone by telephone. This same method is no,v being used, and
under the present rnethod, not one second more in time is lost by the ft.ct that the Des',,,- Sergeant
i.e seven blocks away f rom the Radio Operator than if he were in the next room.
Another pertinent item to consider, Gentlemen, is the fact that this removal is going to cost
the tax-payers of South Bend, a. sum of money and such expenditure is needless.. Not one more
degree of efficiency will be ha•.d by such removal_, and. I e4rneetly believe that our City Official
are unaware of all thefs;cts as they exist, or they too ca-�ld see the unreasonableness of this
venture.
Gentlemen, I, as an interested citizen anal. a demand that you investigate the r emova.l
of the Police Radio f rom its present location_, and_ in so doing asic .yourselves the following
questions:
I . 'Why i-c the entire matter being; kept a secret?
2. 11hy is i.t.being re }roved from a. fireproof building to a. buildingr that yougentlemen ' <now is
Safe?
3. Does the Administration know that the building on Ee.st lfa_yne :tree± -pas constructed so that
the Police andFire Alarm systems would be housed in a fireproof buil;l-ng, and that both the
Police and Fire Alarm Operators can be interchanged so tha=t if one is in any way incapacitate
the other can in an emergency operate either system, and that the insurance for the City of
South Bend were materially-reduced because of this fact?
4. Does the Administration 'Knots thatthe same results can be obtained by merely pl<<cing a !ricro-
phone at the Sergeant's Des'. and broadcasting may be done byremote control without. any increased
cost to the tax-payer-q?
J
Does the Admi -nis trati_on 'rnot�; that -no time wi 11 be .- wined. in the transmission of me sseges by
the removal, of this transmitter from its present site?
6.
AT haft Chief In Tram condemned our system t�ithout f irst giving it a chance to prove its
efficacy to him? IG it to be condemned only because it differs f ro_r that of 'Fuitchi ta,Kensas?
Gentlemen, I feel that this entire :natter warra.ntc your most caref;il con si ^_aracti on. As members
Of the Common 'ouncil of the City of South Bend, it is your duty to conduct an open and honest
investigation Without e.ny prejudice, aid. discover for yourselves the merits or demerits of the
proposed clan, end pass judgment on your findings.
Yours very truly,
'N. H. TROST , JR.
Councilman .Bishop motioned that the commiunica.tion be referred to the Grievance Committee.
Councilmen Heiceman seconded the motion. Motion carried.
PETITION
PETITION TO AIFEA?'"a ZONING ORDINA -. ?CE OF THE CITY OF SOUTH BEND
TO THE HONORABLE THE COMMON COUNCIL OF THE CITY OF SOUTH 111-ND, INDIAW:
',le, the undersigned, being the owners of the real es`ate described opposite our signaturec here-
under, do hereby petition you 'Co amend the 4oning Ordinance of the City of South Bend-, In- '.iena.,
in the following respects, to- Tait:
By placing the follov^in& described reel estate in the City of ;oath Bend, Indiana:
The real estate which is bounded on the North. to Eck.ynan Street; on the
East -by the first alley east of n.nd parallel to Michigan Street; on the
South by IJonmoyer Avenue; and. on the West by the first alley west of and
parallel to Michigan Street; excepting therefrom however, t'n -e foll5viting
described real estate: -Lots Numbered. fifty and fifty -one (50 acid 1) in
Oaksid� Thir -d Plat; Lots I7ambered one and forty -seven (1 :end t! -7) in Krou
an: 'Whitmore's Snb;ii_vi_si.on and Lots Numbere,? Pi_x.ty -four and sixty -five
((
arid 9-5) in ;ueensboro AV i ti o -n;
in the ''B" Residential District and the "A" ,Height an^?. Area District.
t
Said. real este e i_s,nresently zoned in "C" Co- mmercial ?district and "E" Height and Area District.
(37 signrtures)
Councilman Hull made a motion that the petition be referred to the City . -Plan Commission. The
motion teas seconded. by Councilman Pulaski. I'loti.on carried.
Councilma=n Hull made a report for theGrievance Committee with regard to the traffic crossings
at Miami :fit. and. Eiming Ave. and 'Walnut and '.Washington Sts. It was suggested to the City Traffic
Engineer that the same, changes be made at iy'ashington and 'Xalnut Streets as had been ade at Miami
and Ewing Avenue. These streets to be marked by signs only until such time as money can be
obtained to install signals.
II,REPORT OF COI "7I` TEE ON MINUTES:
To the Com -r,on 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 m=inutes of the previous, meeting of the Council and found them correct.
They therefore recommend that the same be approved.
(Minutes of April 3 and April 17)
J. M. McCarthy
Geo. F. Hull
Leo M. Jordan
Councilman Pulaski made a motion that the report be accepted and filed. The motion war. seconded
by Councilman Brannon. Motion carried.
REPORT OF THE CITY CONTROLLER OF THE CITY OF SOUTH BFNl7: ( For the month of April, lo3a )
Balance on Hand. First of Month
Balance )./ 30/ 39-------------------------- - - - - -- 5`40,207.12
The report was accepted by the Council and ordered. placed on file.
130
ORDINANCE
AN OR7IINANCE TO .- ^.tv_EINT D ORB?ITME
',M. 2331, IF OFAR AS IT
PFRTAINS TO THE
70YT Y 7
OF C.rRTAI!T PROPPRT
HEREIN SPECIrFICALLY MENTION-I.M.
(Lots numbered �+,� and o
in Seeberger's
MichiEan
St. kcIdition`a._;; -3
ar boon e b �;
ea. bounded C lif.Ave. B1Line
Ave B �en t.
,'Tan ��� a.;
11_ey ru.rnirn
''.�r S.
e r 1
t:fieen JG if .& Wn
Buren. i
This ordinance was E iver� its first
reading by title anJ
second reading
in full.
Councilman Hull made a motion that
the ordinance be referred
to the Committee of
the ',Thole.
Councilman Bishop Seconded the
motion. Motion carried.
There being no further business
the Council adjourned at
8 :28 P.M.
ATTEST :
AF PROVED :
CLERK
c ' .ST T;V. TTT