Loading...
HomeMy WebLinkAbout03-24-41 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend met in regular session in the Council Chambers, Monday evening, March 24, 1941, at 7:39 P.M. with all members present. President Richardson presided. The reading of the minutes of the previous .meeting was waived. COMMUNICATION Mr. Wm. Richardson 2/2 5,1141 Pres. Common Council South Bend, Indiana Dear Sir: I wish to acknowledge receipt of a copy of the resolution adopted by the Common Council of South Bend. Said resolu- tion voiced the opposition of the Council to House Bill #479, which bill, you will remember, deals with the matter of a City Treasurer in cities of the second class. Mr. Allen, Mr. Crook, and I, being cognizant of the purport and effect of that bill, have voiced strenuous objections to this bill. We will not deviate from our present sentiment. We from St. Joseph County are encouraged, indeed, by the fact that our constituents approve of our stand. Thanking you for your interest in this matter, I remain, Very truly yours, EUffAR?D OLCZAK State Representative - St. Joseph County COMMUNICATION Gentlemen: I wish to suggest that you make a rule prohibiting advertisement distributors from walking on private lawns when they leave advertising matter at residences. You allow door -to -door advertising - make them use the walks and pro - tect our grass. We try to keep our lawns nice but these men run over them in soft weather and tramp the sod full of holes. 'Weaver's men are the worst offenders. We don't have to put up.with this, do we? COMMUNICATION WHAT TO DO FOR THE.SAFETY OF OUR YOUTH? L. M. Coffman - So. Bend, Ind. ASSOCIATION OF COMMERCE of South Bend, Indiana March 18, 1941 Your organization will be tremendously interested, I believe, in a unique program planned as part of the second annual Safety Exhibit sponsored by the Association of Commerce Safety Division. I refer to the luncheon meeting planned by the education committee at 12:30 P.M. Wednesday, March 26, in the Dose and Gold Room of the Oliver Hotel. The general idea of this meeting is outlined in the enclosed copy of the Safety Exhibit program. More pa rticularilyl the discussion will trace the development of safety as it applies to local boys and girls from what it was ten yearsi ago, what it is today, and what it may be ten years hence. May I suggest that your organization may want to send two or more members to this meeting? Tickets may be obtained at 75¢ a plate from the Association of Commerce Safety Division. COMMUNICATION City of South Bend South Bend, Indiana IGnntlemen: Yours very truly, B. A. GRAINGER Exhibit Chairman State of Indiana GROSS INCOME TAX AND STORE LICENSE DIVISION Department of Treasury March 21, 1941 Attention: City Council I. This department wishes to call your attention to the fact that gross income tax payments which are due from the municipality you represent are in arrears. You are aware no doubt that legislation seeking to relieve municipalities of this tax was introduced in the recent legislature but that it failed to pass. We can only interpret this as an indication that the Legislature's decision was to leave unchanged the status of tax liability as it existed previous to the session and as asserted by this department. We must, therefore, call your attention to the arrearage now existent and request payment or arrangements to pay by April 10, 1941. We have held in abeyance all statutory action for collection until this time. Now, however, some action is necessar; and we prefer to preface by this letter the formal issuance of warrant for collection. We hope that you will make some arrangements to pay your assessment by April 10`, 1941, otherwise, we will have no recourse but to proceed with the issuance of writs. Very truly yours, GILBERT K. HEWIT, Director Gross Income Tax Division By John M. o'Toole, Audit Section Councilman McCarthy made a motion that the above communication be referred to the City Attorney. Councilman Bishop seconded the motion. Motion carried. Councilman Niezgodski made a motion that the balance of the communications be placed on file. Councilman McCarthy seconded the motion. Motion carried. REPORT OF COMMITTEE ON MINUTES To the Common 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 minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approveds J. Pd. MC CARTHY) GEO. F. BULL ; Committee LEO M. JORD ,.7 South Bend, Ind. - Dec. 23, 1940. Councilman Heideman made a motion that the report be accepted and placed on file. Councilman Brannan seconded the motion. Motion carried. - REPORT OF BOARD OF PUBLIC WORKS AND SAFETY February 25, 1941 The Board of Public Works and Safety reports that the City Attorney is continuing study of the law to determine the method of stopping the dumping of unwholesome substances along the St. Joseph River bank along North Side Blvd. at the river's edge from Logan St., to Sample St., the dumping area referred to in a petition filed on the 27th day of January, 1941 in the office of the City Clerk and signed by numerous: residents of (fiver Park. The Board reports that that portion of the petition which requests that the dumping area between 34th St. and Logan St. be covered with dirt is outside the power of the City, since the City can neither request this to be done, nor trespass upon the land to do this work. The City Attorney promises that an ordinance relative to the regulation of all dumping in the city will be prepared for presentation to the Common Council at their next regular meeting. 'Councilman Bishop made a motion that the report be accepted. REPORT OF CITY PLAN COMMISSION To the Common -Council City of South Bend, Ind. (Gentlemen: JAMES P. CONBOY Clerk Councilman McCarthy seconded the motion. Motion car March 7, 1941 Petition of Roger and Florence Fenska for change of zoning classification of Lot +41 Kaley's Second Lincoln Highway Addition from residence to commercial zone was considered by the City Plan Commission at their meeting March 6th, 1941. The City Plan Commission does not recommend this change. Respectfully, D. MOOMAW, Sect. Councilman Bishop made a motion that the report of the Commission be accepted. Councilman Jordan seconded the moti Motion carried. REPORT OF CITY ATTORNEY March 7, 1941 To the Members of the Common Council of the City of South Bend, Indiana. (Gentlemen: . Several weeks ago the Council referred the matter of regulating or prohibiting of dumps within the city of South Bend to the Board of Public Works and Safety and specifically to the City Attorney. With the cooperation of the Police Department, certain investigations have been undertaken in order to provide the Board with specific information concerning the evil effects of the use of certain properties as dumps. These prop- erties are those which have been called to the attention of the Council by property owners and which have been con- demned by such property owners and other interested citizens as intolerable nuisances. The Board of Public Works and Safety, of which the City Attorney is a member, having made its investigation of the facts and having been advised as to the.law by me as City Attorney, have authorized me to present the following Ireport to you. It appears unlikely that the abuse of a dumping privilege can be properly controlled or regulated by either the watchfulness of people in any neighborhood in which a dump exists or by the police. The problem of regulation is of such a nature that a continuous 24- hour -a -day vigil upon each piece of land used as a dump would be required in order to bring about effective enforcement. This does not mean, however, that the Common Council is without power to deal with the problem. Your attention is called, therefore, to the thirteenth clause of the statute granting general powers to the Common Council of every city in Indiana. This clause reads as follows: "Thirteenth. To prevent the deposit of any unwholesome substance, either on _private or public property, and compel its removal to designated points; and to require slops, garbage, ashes and other waste or un- wholesome materials to be removed to designated points, or to require occupants of premises to place them conveniently for removal; also to provide for the destruction of such substances, or their use for some beneficial purpose. For the purposes of this clause, jurisdiction is given such city four (4) miles from the corporate limits thereof." In view of this provision of law, it is therefore recommended that the Council take either one of the following two alternative steps: 1. That the Council, by ordinance, prevent the deposit of any unwholesome substance upon any property within the city limits alone or within the city limits and for some reasonable distance not more than four (4) miles from the corporate limits;. or, 2. That the Council prevent the deposit of any unwholesome substance anywhere within the city limits excepting upon certain designated pieces of property. (Since the city does not make provision for the removal of any substances except garbage at public cost, it would see advisable for the Council to designate some reasonable number of areas within the city limits where certain dumping x4r? might, under a licensing provision, be permitted. In order to effectively legislate on this matter, it would be necessary for the Council to make a study of the existing dumping grounds within the city limits and to determine the number needed by the community. It is therefore recommended that this problem be turned over to a proper committee of the Council for study and for a report to be submitted at its next regular meeting. Once the Council has determined which of the two alternatives it feels is advisable, and, if the second alternative is chosen, just what areas shall be designated as dumping grounds, a proper ordinance can be readily drafted and submitted by one of the members of the Council for consideration by the entire body. Respectfully submitted, NATHAN 1E VY City Attorney Councilman-Bishop made a motion that the President appoint a Committee to make an investigation as recommended by the City Attorney to work in conjunction with the Board of Works. Councilman Jordan seconded the motion. Motion carried. resident Richardson appointed Councilman Jordan, Brannan and Bishop as said Committee. REPORT OF THE CITY CONTROLLER - FEBRUARY, 1941 Balance on Hand First of Month - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $2,115,186.86 Receipts duringMonth - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 157,006.98 Total Balance and Receipts - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2,272,193.84 Disbursements duringMonth - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 538,290.56 Balance- 2,/28/41 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- $1,733,903.28 Councilman Pulaski made a motion that the report be accepted and placed on file. Councilman Heideman seconded the motion. Motion carried. ORDINANCE NO*, 3362. AN ORDINANCE TO AUTHORIZE THE SALE OF OBSOLETE PUMPING UNITS, TOGETHER WITH MISCELLANEOUS ATTACHMENTS. The ordinance was-given first and second reading. by the Clerk. Councilman Pulaski made a motion that the ordin- anee.rbe referred to the Committee of the Whole. Councilman Brannan seconded the motion. Motion carried. Upon further discussion of the ordinance, Councilman Pulaski withdrew his motion, and Councilman Brannan withdrew his second to the motion. Motion withdrawn. Councilman Bishop made a motion for the suspension of rules. Council. man Niezgodski seconded the motion. Motion passed by a roll call vote of 9 ayes - 0 nays. The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE NO. 3363 AN ORDINANCE ANNEXING CERTAIN CONTIGUOUS TERRITORY TO THE CITY OF SOUTH BEND, INDIANA The ordinance was given first and second reading. Upon the request of Councilman McCarthy, City Attorney Nathan Levy explained the situation as follows: "The Studebaker Corporation, as you know, is preparing to operate a plant. which the Government will build just outside the'e ity limits to the south. This ordinance brings into the city the property bounded by Chippewa Road and two hundred (200) feet south. This defense plant, as it goes up, will re- quire certain services of the city, - water, drainage, etc. In addition, the plant will bring into the city matten which should bm under the,control of the Board and Police Department and will require the services of the Fire Department. The speed which is necessary on the building will require the same speed by the City for services as laying the water mains, etc. Under the circumstances, we will request the suspension of the rules for immediate action. I do not believe a publication of public hearing is necessary as the law sets out that any property owner has a right to file a remonstrance in the Circuit Court and the Court will decide whether or not the annexation may be completed.` Councilman Jordan made a motion for the suspension of the rules. Councilman McCarthy seconded the motion. Motion carried by a roll call vote of 9 ayes - 0 nays. The ordinance was given third reading and passed by a roll call vote of 9 ayes 0 nays. Councilman McCarthy made a motion for adjournment. Councilman Pulaski seconded the motion. Motion carried. Coune adjourned at 8:18 P -M. A ATTEST: CITY CLERK