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HomeMy WebLinkAbout05-12-58 Council Meeting Minutes= �aaa- a= naaaaaaaaeaaeaaaaac= aaanecaaaaaaeaaaaaaaoaaa. aanacoaoaaaaaaaaasaaaaaaaaaaaaaaaaa= aoaaaaa= aaaa:eaaaaaaaaaaaaaa REGULAR MEETING MAY 12, 1958 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Ckambers, Monday, May 12, 1958, at 8 :39 P.M., with all members present. The meeting was called to order by President Stanley C. Korpal, who presided. ROLL CALL: PRESENT: Councilmen Korpal, Carr, Tellson, Christman, Kroll, Glass, Hahn, Erler and Muszynski. ABSENT: None MINUTES: Report of Committee on Minutes: To the Common Council of the City of South Bend: Your Committee on tke inspection and supervision of the minutes, would respectfully report. that they have in- spected the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. .Stanley C. Korpal Julius B. Christman, Jr. Committee G. W. Carr South Bend, Ind., May 12, 1958 Minutes of meeting of April 28, 1958. Councilman Muszynski made a motion that the teport be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION: The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: May 8, 1958 The attached petition of Matthew L. & Catherine D. Metzler to zone from "A" Residential Use District to "B" Residen- tial Use District and "B" Height and Area District the following described real estate to -wit: Lot Numbered Fifteen (15), Oak Park First Addition to the City of South Bend, St. Joseph County, Indiana and being more commonly described as 1021 East Dubail Avenue was legally advertised on 21 April 1958 and given public hearing under date of 1 May 1958. The following action was taken: After due consideration the Commission found that the granting of the petition would constitute an adequate buffer. It was therefore duly moved, seconded and unanimously carried that the petition be recommended favorably. RLH /mah Attach. s Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff, Director - Secretary Councilman Carr made a motion that the report be accepted and placed on file. Councilman Tellson seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION: The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen:' The attached petition of Jess Riggs, 1625 Miami Street, to zone the lot at 1017 East Dubail Avenue from "A" Residentia Use District to "B" Residential Use District and "B" Height and Area District was legally advertised on 24 March 1958 and given public hearing under date of 3 April 1958. The following action was taken: After due consideration the Commission found that the granting of the petition would constitute an adequate buffer. It was therefore duly moved, seconded and unanimously carried that the petition be recommended favorably. RLH /mah Attach. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff (MAH) Robert L. Huff, Director - Secretary Councilman Carr made a motion that the report be accepted and placed on file. Councilman Hahn seconded the motion. Motion carried (The •following communications were read in conjunction with the above) COMMUNICATION South Bend Common Council City Hall South Bend, Indiana Gentlemen: ]day 7, 1958 We, the petitioners, Jess F. Riggs and Dolores M. Riggs, for the change of zoning of Lot #18, Oak Park Addition. located at 1017 East Dubail Street, request that our petition be withdrawn and no further actaon be taken. JFR /DMR /snr Yours truly, /s/ Mess F. Riggs Jess F. Riggs /s/ Dolores M. Riggs Dolores M. Riggs Councilman Hahn made a motion that the communication be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. COMMUNICATION Honorable Stanley C. Korpal, President South Bend Common Council C ty Hall South`Bend, Indiana Dear Mr. Korpal: May 9, 1958 RE: Jess F. Riggs request to withdraw petition for rezoning Lot 16, Oak Park First Addition to the City of South Bend, commonly known as 1017 East Dubail Street, South Bend, Indiana Please be advised that we represent a client, who at the present time has a buy and sell agreement with Jess F. Riggs and Dolores Riggs, for the purchase of Lot No. 16, Oak Park First Addition to the City of South Bend. As a part of the buy and sell agreement it was necessary to have the above described real estate zoned "B Residential Use" for the use of said real estate. We understand that the Plan Commission has recommended that it be zoned "B Residential Use" and that Mr. and Mrs. Riggs have requested your Common Council to withdraw the petition for rezoning, and has also advised us that he (Mr. Riggs) intends to rescind, if possible, his contract to sell said real estate to our clients. Our Clients are desirous of obtaining this property and of having it zoned "B Residential Use ". We therefore respec fully request that you table the request to withdraw Mr. Riggs' petition to rezone until we can work out the legal details of obtaining a deed to said real estate. Your cooperation in this matter will be deeply appreciated. Respectfully yours, FEENEY & STRATIGOS /s/ F. Gerard Feeney FGF /sm F. Gerard Feeney Councilman Hahn made a motion that the communication be accepted and placed on file. Councilman Carr seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE: To the Common Council of the City of South Bend: Your Committee of the Whole, to whom was referred an Ordinance transferring from Cemetery Department Account No. N712� Properties $1,500.00 to Cemetery Department Account No. N251 - Services Contractual $1,500.00; from Fire Department Account No. Qll - Services Personal $8,200.00 to Fire Department Account No. Q712 - Other structures $8,200.00; from Civil Defense Account No. CD 726 - Properties $1,800.00 to Civil Defense Account No. CD724 - Properties $1,800.00; from Electrical Inspection Account No. ME11 - Services Personal $2,350.00 to Electrical Inspection Account No. ME1,2 - Serviees Personal $2,000.00, and to Account No. ME214 Services Contractual $150.00 and to account No. ME721 - Proper- ties $200.00, Respectfully report that they have examined the matter and that in their opinion it should be reported favorable as amended. (Upon Motion of Councilman Christman, seconded by Councilman Korpal, the title was amended as follows: "To read - -- "From Civil Defense Account CD726 - Other Equipment $1,800.00 to Civil Defense Account CD724 - Motor Equipment $1,800.00" /s/ G. W. Carr, Chairman Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE: To the Common Council of the City of South Bend`: Your Committee of the Whole, to whom was referred AN ORDINANCE TRANSFERRING FROM CITY PLAN COMMISSION ACCOUNT NO.36 - OFFICE SUPPLIES $250.00, ACCOUNT NO. 242 - PRINTING, OTHER THAN OFFICE SUPPLIES $350.00, ACCOUNT NO. 725 - OFFICE EQUIPMENT $350.00, ACCUUNT NO. 51 - INSURANCE AND PREMIUMS $195.00, ACCOUNT NO. 331 - GASOLINE $50.00, AND ACCOUNT NO. 241 - ADVERTISING AND PUBLICATION NOTICES $50.00, TO CITY PLAN COMMISSION ACCOUNT NO. 721 - FURNITURE AND FIXTURES $995.00, ALL OF THE BUDGET FOR THE YEAR 1958 OF THE CIVIL CITY OF SOUTH BEND, INDIANA, AND DECLARING AN EXTRAORDINARY EMERGENCY, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE _put in Ordinance Committee and be brought out next meeting. /s/ G. W. Carr, Chairman Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REGULAR MEETING !!ORDINANCE NO. 4226 - MAY 12 1958 AN ORDINANCE TRANSFERRING FROM CEMETERY DEPARTMENT ACCOUNT NO. N712 - PROPERTIES $1500.00 TO CEMETERY DEPARTMENT ACCOUNT NO. N251 - SERVICES CONTRACTUAL $1,500.00; FROM FIRE DEPARTMENT ACCOUNT NO. Qll - SERVICES PERSONAL $8,200.00 TO FIRE DEPARTMENT ACCOUNT NO. Q712 - OTHER STRUCTURES $8,200.00; FROM CIVIL DEFENSE ACCOUNT NO. CD 726 - Other Equipment $1,800.00 TO CIVIL DEFENSE ACCOUNT CD724 - MOTOR EQUIPMENT $1,800.00; FROM ELECTRICAL INSPECTION ACCOUNT NO. ME 11 - SERVICES PERSONAL $2,350.00 TO ELECTRICAL INSPECTION ACCOUNT NO. ME12 - SERVICES PERSONAL $2,000.00, AND TO ACCOUNT NO. ME214 - SERVICES CONTRACTUAL $150.00, AND TO ACCOUNT NO. ME 721 - PROPERTIES $200.00. The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays. ORDINANCE NO. 4227 AN ORDINANCE AMENDING.ORDINANCE NO. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (1021 East Dubail Avenue) The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension of rules. Councilman Tellson seconded the motion. Motion carried by a roll call vote of 9 ayes, 0 nays. The Ordinance was then given third reading and passed by a roll call vote of 9 ayes, 0 nays. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNWON AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (1017 East Dubail Avenue) The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension of rules. Councilman Tellson seconded the motion. Upon discussion, Councilman Muszynski withdrew his motion and Councilman Tellson withdrew his second to the motion. Councilman Hahn then made a motion that the Ordinance be set for public hearing on May 26, 1958. Councilman Carr seconded the motion. Motion carried. ORDINANCE AN ORDINANCE APPROPRIATING FROM STREET AND TRAFFIC FUND $28,000.00 TO STREET DEPARTMENT PROPERTIES ACCOUNT NO. S -724 MOTOR EQUIPMENT, $28,000.00 _ The Ordinance was given first reading by title and second reading in full. Councilman Carr made a motion that the Ordinance be set for public hearing on May 26, 1958. Councilmam Hahn seconded the motion. Motion carried. OLD BUSINESS: Councilman Tellson rose to inquire of the City Attorney whether or.not any report had been received from the rail- roads regarding their grade crossings in South Bend. Mr. Smith requested the Clerk to ask the Board of Public Works and Safety to have a report by the next Council meeting. Councilman Hahn introduced Colonel Beyers who informed the Council that the tract of land annexed recently by the Council has no streets crossing it. School children must use this land to reach school. Councilman Hahn made a mot that the matter be put into the Streets and Alleys Committee for investigation. Councilman Muszynski seconded the motion. Motion carried. There being no further business before the Council, Councilman Hahn made a motion to adjourn. Councilman Muszynski seconded the motion. Motion carried and the Regular meeting of the Cemmori:_Council adjourned at 9:19 P.M. ATTEST: CLERK APPROVED: �• PRESIDENT 31