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HomeMy WebLinkAbout02-26-40 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend met in regular session in the Council Chambers of the City Hall, Monday, February 26, 1940, at 7:40 P.M. Vice President Hull presided. Councilmen McCarthy and Pulaski were absent. The reading of the minutes of the previous meeting was suspended. COMMUNICATION The First Annual Message of Jesse I.. Pavey, Mayor, South Bend, Indiana, was read by title. Each member of the Council had been given a copy. Councilman Richardson made a motion that the report be accepted. Councilman Niezgodski seconded the motion. Motion carried. PETITION To the Honorable City Council of the City of 'South Bend, Indiana Gentlemen: The undersigned would most respectfully petition the honorable members of the City Council for the modification of the present city ordinance governing fruit stands on sidewalks in front of and connected with retail grocery stores. Your petitioners would further respectfully point out that the absolute prohibition of having such stands by retail grocery stores works an extreme-hardship to the extent that some of such retail grocery stores may be unable to con tinue there business. That the sanitary purposes of such ordinance may be reasonable attained by regulating that such stands be elevated approximately two or three feet from the,ground in order that domestic animals may not come in contact with anything displayed on such stands. We, the undersigned, therefore most respectfully urge upon the honorable City Council that said ordinance be modifie by permitting such stands conditioned upon that they be elevated from the sidewalk at whatever height the city Council may deem proper and for such stands may be attached, all in accordance with the sound judgment and discretic as may be decided upon by your council. Vile most urgently pray that such amendment or modification of such city - ordinance be made as soon as possible. Most respectfully submitted, O.K. Grocery -327 S.Michigan B.B.Food Shop -1404 S.Michigan Simon's Food Mart -808 Grand View Florida Fruit & Groc. -339 S— Michigan Max Grocery Market -1913 S.Michigan Washington Food Mkt. -224 W.Washington Arcade Market -121 N.11a.in Ted's Food Mkt. -2024 .Western D.Moss Food N1kt. -404 N. Eddy Post Market Groc. -122 W.Jefferson Burke Grocery -2102 Western Ave. Fruit Mkt Groc. -2720 Mishawaka Certified Food Mart -1319 S.Michigan Ben Rutz -1334 L.W.W. D & R Grocery -3608 E.Mishawaka Councilman Niezgodski made a motion that the petition be referred to the ordinance committee and that committee to report to the Committee of the Whole on March 4. Councilman Richardson seconded the motion. Motion carried. REPORT OF THE COT 4ITTEE OF STREETS & ALLEYS To the Common Council of the City of South Bend: Your Committee on Streets and Alleys to whom was referred a communication signed by Harry S. Driggs, City Controller dated Jan. 18, 1940, and read in the Council meeting of January 22, 1940. Respectfully report that they have examined the matter in a meeting of the Streets & Alleys Committee, Traffic Engineer, Street Commissioner and the Board of Public Works & Safety on the question of attempting to find funds or, reallocate fun4s which the,County Board of Tax Adjustment recommended be reduced from the budget. On investi- gation we find that the budget itself has not been reduced but the levy to raise the funds appropriated has been reduced so that presumably there will not be sufficient collections to meet the budget. However, it may be that extra money may be raised through payment of delinquent taxes so that all or part of the Traffic Commission funds may be forthcoming. We recommend therefore that no reallocation be made until after' the,May tax colle8tion period. In the meantime, the Board of Public Works and Safety has suggested that approximately $2000.00 be spent under the Traffic Commission budget. We find that about 12500.00 was saved in last year's budget which can be used for this purpose. We recommend that the matter be left in our Committee until about May 15. Melton 0. Brannan) Clem Niezgodski ) Committee G. H. Heideman ) Councilman Richardson made a motion that the Council concur in the action of the Committee. Councilman Heideman seconded the motion. Motion carried. REPORT OF BOARD OF PUBLIC WORKS & SAFETY To the Common Council January 30, 1940 City of South Bend South Bend, Indiana Gentlemen: At the January 22nd meeting you referred to the Board of Public Works, a letter received from Mrs. L. M. Crosby Coffman, 127 E. Irvington Ave., asking for a reduction of bus fares in the City. The bus fares were originally established by franchise several years ago, at ten cents per ride, three tokens for a quarter. The only way that a change of rate can be obtained is thru petition to the Public Service Commission of the State. of Indiana, which has jurisdiction over rates, and in order to change the existing rates, it would be necessary for them to order the change to be made. This is a matter over which the Board of Public Works & Safety has no jurisdiction. I suggest, therefore, that you refer Mrs. L. M. ~Crosby Coffman to the Public Service Commission of the State of Indiana. Very truly yours, CLYDE E. WILLIAMS �`hairman, oard of Public Works & Safety Councilman Heideman made a motion that the report be placed on file. Councilman Richardson asked that the motion b amended to include a notification of the proceedings to Mrs. Coffman. Amendment accepted. Councilman Bishop seconded the motion as amended. Motion carried. REPORT OF BOARD OF PUBLIC WORKS To the Common Council City of South Bend, Ind. Gentlemen: February 20, 1940 We are enclosing herewith, letter received from the Chicago South Shore and South Bend Railroad which is in reply to the letter you received from Mr. Clyde L. Douglas, 814 S. 24th St., which you referred to us. We trust this will give you the information you desire. (Attached letter) Mr. Clyde E. Williams Chairman, Board of Public Works City of South Bend, Indiana Dear Sir: Very truly yours, BOARD OF PUBLIC WORKS Clyde E. Williams, Chairman CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD Michigan City, Indiana February 1, 1940 I have your letter of January 30 in reference to an accident with an auto at 3:00 P.M. January 9 at Orange and O'Brien Streets, letter attached signed by Mr. Douglas. This accident happened at this time and damage to auto was the front bumper. Our Train 21 was operating eastbound and auto was operating southbound on icy pavement. Motorman blew whistle as driver was not paying any attention tc train._ Our train ran about eight feet after the accident so we are not running very fast. I note in Mr.; Douglas's letter that we are not sliding wheels or reversing motors to keep from having accidnets. For your information, it -is very poor policy to lock wheels as in doing so you lose all control of the train the same as you would in driving an auto on icy streets. In reversing motors, it is much better to use the air brakes as the functioning of the two is practically the same. We have in the past two months gone over several safety measures with your Safety Engineer with a view in mind to use every means to eliminate accidents and I believe some of this has been accomplished. It isn't the policy of this Company to try to make the streets of South Bend a private right -of -way and we always try our best to operate as safely as possible. Hoping this will answer the complaint of Mr. Douglas, I am Yours very truly, C. D. ANDREST General Superintendent Councilman Heideman made a motion that the report be placed on file. Councilman Richardson seconded the motion. Motion carried. REPORT OF BOARD- OF, PUBLIC 14JORKS AND SAFETY TO THE COMMON COUNCIL February 19, 1940 Of the City of South Bend Gentlemen: In accordance with.,your request to the Northern Indiana Railway, Inc., we have this day, adopted.a recommendation authorizing a change in bus operations in the City of South Bend as follows:. Mr. W. W. Waterson and Mr. R. R. Smith, of the Northern Indiana Ry. Co., appeared before the Board and upon motion duly made, seconded and unanimously carried, the Northern Indiana Ry. �o., Inc., holders of the bus franchise on the Portage Ave., line, is hereby authorized and agrees to change its route on the following streets. Instead of going North on Portage to Marquette and then West on Marquette to Wilbur and North on Wilbur to Portage, then South on Portage, beginning on the 15th of February, the new route will be North on Portage'to Bergen, East on Bergen to Beverly P1., South on Beverly P1. to Woodlawn, West on Woodlawn to Portage and return on Portage. The Board also authorized the Northern Indiana Ry. Inc., to operate a bus, twice daily, which bus will leave Logan St. at Mishawaka Ave., at 7:25 A.M., travel West on Mishawaka Ave., to Beyer Ave., across the Sample St. bridge and West on Sample St. to Main St., North on Main St. to Bronson St. West on Bronson St. to Lafayette St. South on LaFayette St. to Plant +2 of the Studebaker Corporation, and a bus to leave Plant #2 at 5:10 P.M. in the evening and reverse the same route. This authorized operation to be for the purpose of serving River Park residents who work at Studebakers. Clyde E. Y�illiams Harry S.Driggs George N. Beamer BOARD OF PUBLIC WORKS & SAFETY Councilman Bishop made a motion that the report be accepted. Councilman Niezgodski seconded the motion. Motion carried. REPORT OF THE CITY CONTROLLER FOR THE MONTH OF JANUARY, 1940 Balance on Hand First of Month ----------------------------- - - - - -- 01,159,750.51 Receipts during 1.1onth - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 137,732.2.7 Disbursements during Month - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 141,794.83 Balance - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------- - - - - -- 1,155,687.95 Restricted - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 59,920.66 Net Balance Available - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $1,095,767.29 Councilman bishop made a motion that the report be accepted. Councilman Brannon seconded the motion. Motion carried. A report signed by H. S. Driggs, City Controller, addressed to the Members of the Finance Committee of the Common Council, showing the Name of Depository, Treasurer's Balance as of Dec 31, 1939, and Percent of Average Deposits as of Dec. 31, 1939, was read by the Clerk. Councilman Bishop made a motion that the report be accepted. Council man Brannon seconded the motion. Motion carried. AN ORDINANCE 4.1ENDING SECTIONS 1, 20 3$.49 17 OF AN ORIDIN_ANCE NUMBERED 2682, BEING AN ORDINANCE REGULATING THE PRODUCTION, GRADING, LABELING, HANDLING, PASTEURIZATION, DISTRIBUTION, AND SALE OF HILK, CREAIA AND CERTAIN MILK PRODUCTS AND PROVIDING FOR ISSUING PERMITS AND LICENSES THEREFOR. his ordinance was given first reading by title and second reading in full. Councilman Brannon made a motion that he ordinance be referred to the Committee of the Whole for public hearing on March 18. Councilman Bishop seconded he motion. Motion carried. ORDINANCE AN ORDINANCE ANNEXING CERTAIN CONTIGUOUS TERRITORY TO THE CITY OF SOUTH BEND, INDIANA. (letter attached) The Common Council of the City of South Bend, South Bend, Indiana 1emen: COLPAERT REALTY CORPORATION The ordinance, of which the attached is a copy, is being introduced at the request of the undersigned, who are the owners of all the property proposed to be annexed to the city of South Bend. The principal reasons for the annexa tion of this property might be enumerated as follows: 1. It is our intention to immediately start a systematic and continuous building program of moderate priced houses on the property to be annexed. Our contemplated plans provide for the construction of from 25 to 30 houses during 1940, to be followed by a greater number of houses in succeeding .years. 2. Arrangements are being made with the City Water Department for the making of a deposit of approxi- mately $5000.00 for the installation of water mains up to Garden Lane, where our first houses will be constructed. Arrangements have also been made with the Indiana and Michigan Electric Company for the extension of electric lines, and with the Northern Indiana Public Service Co. for the installation of gas mains. 3. Considering that the building of a substantial number of houses may entail, in the future, the provid- ing of additional school facilities, improving of parks and other public necessities, it is considered to the best interest that it be definitely made known at this time whether this property shall be a part of the incorporated city of South Bend. 4. Xhe total assessed value of the property to be annexed amounts to $22,470.00, giving the city of South Bend an additional annual income from taxes on this property alone in the sum of $671.85. Of course, the construction of new homes will very materially increase the amount of taxes to be paid on this property. 5. Since there are no other property owners involved in any of the land to be annexed, we can not conceive of any objection that might be raised against the action, which we hope the Council will take, in order to properly annex this property to the city, at the earliest possible date. �r Yours very truly, COLPAERT REALTY CORPORATION Achille C. Colpaert - Vice -Pres. Hubert W. Weaver - Vice -Pres. Councilman Richardson made a motion that, the ordinance be referred to the Committee of the Whole for public hearing at the earliest possible convenience. Councilman Brannon seconded the motion. Motion carried. f ORDINANCE NO... 33 /W AN ORDINANCE APPROVING THE CONTRACT ENTERED INTO BY AND BETWEEN THE BOARD "OF PUBLIC WORKS AND SAFETY, CITY OF SOUTH BEND, INDIANA, AND THE AMERICAN-LAFRANCE- FOAMITE CORPORATION FOR THE PURCHASE OF A 1250 GALLON MOTORIZED PU11PER FOR THE SOUTH BEND FIRE DEPARTMENT. This ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a motion for the suspension of rules. Councilman Richardson seconded the motion. Roll call vote - 7 ayes - 0 nays — 2 absent. Rules suspended. The ordinance was given third reading and was adopted by a vote of 7 ayes - 0 nays - 2 absent. (ORDINANCE AN ORDINANCE APPROPRIATING CERTAIN FUNDS FROM THE GENERAL FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR EMERGENCY PURPOSES. Councilman Heideman made a motion that this ordinance be referred to the Ways and Means Committee after it had been given first reading by title and second reading in full. Councilman Richardson seconded the motion. The motion was voted on by roll call - 6 ayes - 1 nay (Niezgodski) - 2 absent. ORDINANCE ORDINANCE AMENDING CERTAIN SECTION OF, AND CERTAIN SCHEDULES ATTACHED TO AND MADE A PART OF, AND ORDINANCE ENTITLED "AN ORDINANCE REGULATING TRA.FFIC UPON THE PUBLIC STREETS OF THE CITY OF SOUTH BEND, INDIANA, AND REPEALING ALL OTHER ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT HEREWITH ", WHICH IS ORDINANCE 3146. This ordinance was given first reading by title and second reading in full. Councilman Richardson made a motion to refer the ordinance to the Ordinance Committee. Councilman Niezgodski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE TO AMEND AN ORDINANCE COMMONLY KNOWN AND REFERRED TO AS ZONING ORDINANCE JAND BEING ORDINANCE NO. 2331 OF THE ORDINANCES OF THE CITY OF SOUTH BEND, INDIANA. This ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a motion to refer the ordinance to the City Plan Commission. Councilman tishop seconded the motion. Motion carried. (PETITION To the Honorable Body of February - -- -,1940 CITY COUNCIL OF THE CITY OF SOUTH BEND. IND. 182 We, the undersigned, resident grocers, butchers, clerks and foodhandlers of South Bend do hereby petition to your Honorable Council that:- Since the City Ordinance requires all clerks etc to procure health Certificates, blood tests etc in compliance with the foodhandling laws of this City, that this Body make it manditory upon proprietors of such retail establishments by amendment and penalty thereunder to PROHIBIT THE GENERAL PUBLIC FROM HANDLING FOOD PR0DUCTS ETC. We further feel that unless and until this amendment is passed and rigidly enforced, we do not see any use in our possessing such health certificates and securing the necessary blood tests, when the purpose of the laver fails in the above, and it is constantly being permitted that food be handled by hundreds of persons daily, and disease carried into the families. Respectfully submitted, (69 signers) Councilman Niezgodski made a motion that the petition be referred to the Health Department. Councilman Heideman seconded the motion. Motion carried. RF:.q nT .TTT T OAT BE IT RESOLVED by the Common Council of the City of South Bend that it give recognition of the efficient system by which the Kaley School was emptied entirely of pupils within one minute and ten seconds after a fire was discovered in the building on Thursday, February 22nd. THE COMION COUNCIL CONSIDERS it their duty to commend and compliment the principal, teachers and any others in our School City Organization who.are responsible for this phase of training of our children in the Public School and they further commend the thoughtfulness of the teachers and any others concerned who instructed the children to report to their parents immediately after leaving the school, thereby relieving the parents of worry. IT IS FURTHER RESOLVED that the Council also recognizes and appreciates the cool and efficient manner in which the patrol boys from the above- mentioned school functioned in their duties of holding open the doors and avoiding con- fusion so common in emergencies of this kind. THE COMMON COUNCIL ALSO DESIRES to express its appreciation to neighbors in the vicinity of the school who shelterec the pupils until proper outer clothing was provided. IT IS ORDERED THAT a copy of this resolution be forwarded to Mr. F. E. Allen, Superintendent of Schools and the Principal of the Kaley School. Councilman Heideman made a motion that the resolution be adopted and the same published in the newspaper. Council- man Bishop seconded the motion. Motion carried. RFfi OLUT T ON t WHEREAS recent developments in the operation of the South Bend municipal water works indicate gross irregularities in the operation of the water works in years past, including alleged payment of double salaries and alleged "made works' payrolls during-the election campaign; and WHEREAS the South fiend municipal water works is not controlled by an annual budget approved by the council as are the other departments of the city; and WHEREAS a detailed budget would have prevented a large portion of the excessive expenditure of money alleged in this department; and WHEREAS the statute (Burns' 1933, section 54 -613) provides that the common council has the power to approve annu- ally the compensation and number of employees in any municipal utility, lowering such compensation if it sees fit, and the council also has the power to approve or reduce the annual budget of said utility, such budget to be'submitted to the council at such time and in such detail as the council shall direct; NOW THEREFORE BE IT RESOLVED that we, the members of the South Bend Civic Planning Association Inc. do hereby petits our common council to direct the municipal 1Vater Works to submit to it, for approval, the compensation and number of employees of the Water Works, and that the Council also set a time at which said utility shall be directed to submit a budget, and that the council shall direct that said budget shall be detailed along the lines of the "Budget Classification for Cities" as prescribed by the State board of Accounts, with complete detail of all personal items, and provided that if there are any items which will vary widely according to consumer demand, that alternative budgets be submitted based on different estimates of con - sumer demand. Dated at South Bend, Indiana, this 2nd day of February, 1940. ATTEST: John I. Lippincott Secretary SOUTH BEND CIVIC PLANK ?ING ASSN. Inc. T. E. Kuntz, President Councilman Brannon made a motion that the resolution be referred to the Ways and Means Committee for investigation. Councilman Heideman seconded the motion. Motion carried. A report from the Traffic Engineer to the Street & Alley Committee, dated February 14, 1940, regarding Parking Meters was read to the Council. Councilman Richardson made a motion that the report be kept in the Street & Alley Committee to be studied with the Traffic Engineer and the Board of Works & Safety. Councilman Brannon seconded the motion. Motion carried. There being no further business the meeting adjourned at 8:53 P. M. AT EST: