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HomeMy WebLinkAbout04-14-30 Council Meeting MinutesApril 14th, 1930. REGULAR MEETING. MINUTES.. Be it Remembered that the Common Council met in the Regular Session in the Council Chambers in the City Hall, Monday evening April 14th, 1930 at the hour of 730 o'clock P M. All Members present. President Fegan presided. The Minutes of the previous mee -tingle were read and on Motion of Councilman Hull were referred, to.the Committee on the Inspection and Supervision of Minutes. Motion carried. PETITION.. To the Common Council, City Plan Commission and The Building, Commissioner of the City of South Bend': We, the undersigned, being pwners of more. than Fifty percent, -of Lots Numbered 1,2,3,4, and Burroughs Subdivision in the City of South Bend, respectfully show that said Lots lie South of and. front upon Navarre Street and that said frontage was: zoned as "B" resident, district and N height and area district by the zoning ordinance of the City of South Bend; that the frontage - immediately East of said described Lots a is zone.d;as "C" height and area district; that the said property is..peculiarly- fitted for development within "C" height and area district and is no �Pnger of value for the purposes limited to . "B" height and area district. Wherefore the-undersigned respectfully petition and request said Common Council to adopt, an Ordinance changing the present zoning. regulation of said property so that the same shall be zone( in "C" height and area district. They do not request any change in the use distfict. They respectfully-request that public notice: be given.and public hearings had upon this proposal, and that thereafter the change herein prayed for x -be= made. Dated at South Bend, Indiana, this 5th day of April, 1930. ( Signed by 6 property owners ) On Motion of Councilman Hull the Petition was accepted -and referred to the City Plan Commission to report back to the Committee of the Whole, and that a Public Hearing be held May -5th,. 1930 at 7 :30 o'clock -P. M. Motion carried. PETITION. South Bend., Ind. Marcdh 26, 1930. To the Honorable City Council, 6 of the City of South Bend, Ind. Gentlemen: Wex, the undersigned property owners, petition your honorable body To declare the smoke from the Relia -ble airy on E. Broadway a public kax nuisance and also a damage to our property on the inside and out. We wish to have it abated. Yours respectfully; ( signed by 40 signers ) On Motion of Councilman Hull The Petition was referred.to_ the City Attorney to make investigation. Motion carried. PETITION. South Bend, Indiana, March 22nd,; 1930. To Honorable Common Council: We, the undersigned owners of the majority of the property, hereby petition your Honorable: Body to change the zoning-classification-from "F" Height and Area." to gia "G►,,Heig#t and Area" on the following described real estate: The territory bounded on the South by West Colfax-Avenue-1 on the East by North La.Fayette Street, on the West by North Williams Street, and on the North by the first alley north of Colfax Avenue. Whitcomb & Keller, by Fred W. Keller, President-, H. H. Hayden, T. P. Moredock, Young WO -hen's Christian Associatii Mrs. P. D. Pointer - Pres. ON Motion of Councilman Oakley this Pet g�?Rn wa r FTXArred to the City Plan Commission x to report back to the Committee of the Whoale : ... /T s etl ion riving been presented on March 10th, 1930 and was referred to the City Plan Commission for their recommenda` also a Public hearing was advertised to be held April 7th, 1930, . The City Plan reported to - the Committee of the Whole that there be not a suffixcient percent of property owne=rs on the Petition, said Petition was returned to the City Council. REPORT OF CITY PLAN COMMISSION. f - -- - -` i 1930. To the Common Council, City of South Bend.. Gentlemen: Ordinance for change of height and area district.of property on Lincoln Way East, from Miami St.. to Marine St. was - considered at the regular-meeting of the City Plan Commission April 3rd, and approved by them. Respectfully D. Moomaw, Sect. The report was accepted by the Council. REPORT OF THE CITY PLAN COMMISSION.. South Bend, Ind. April 7th,, 1930. To the Common Council, City of South Bend. Ordinance for change of zoning classification of property on the north side of the right of way of the Grand Trunk Western Railway at-35th St. as referred'to the City Plan Commission fo recommendation wa -s considered by them at a special meeting March R 20k. The CitynPlan Commissio does not recommend this change. Respectfully ,, D. Moomaw, Secretary. The report was accepted by the Council. REPORT OF THE CITY PLAN COMMISSION South Bend,. Ind, April 7th, 1930. To the Common Council,; City of South Bend., Gentlemen :: Ordinance for change of zoning classification of "property on the north side of East Jefferson Boulevard at 35th St.. as referred to the City Plan Commission for recommeddation was considered by them.ait a special meeting March 20. The City Plan Commission does not recommend this change.. Respectfully, D. Moomaw, Secretary. The report was accepted by the Council. REPORT OF THE CITY PLAN COMMISSION. April 7, 1930. To the Common Council, City of South Bend. Gentlemen: Ordinance for change of zoning of Lots. on Lincoln Way East designated as lots H,H2, Is 129 J,-,.J2', K. K2, L. L29 M". MS, N. N21 0 and 02' in Wenger and Kreighbaum's Vistula Ave.. Additi from B residence to C Commercial district was considered by the City Plan Commission at their regular Meeting April- 3rd'. The City Plan Commission approved this change in ,so far as it applied to lots H,; I J,K,.L,; M, N and 0 and 02' in Wenger~ and Kreighbaum'a Vistula Ave. Addition from B residence to C Commercial district was considered by the City Plan Commission at their regulat, meeting April 3rd,. The City Plan Commission approves this changD in gx so far as it applies to lots H,I,J„K,L,M,N, and 0 but does not approve the change_ as a'plying to logs H2,412 t* IZ,J2,K2,L2,M2,NZ, and 0 2. Yours truly, D. Moomaw, Sect. The report was accepted by theCoun REPORT OF CITY CLERKS CERTIFICATE OF PROOF OF PUBLICATION OF NOTICE TO TAXPAYERS. In the Matter of the Appropriation of the sum of($856.00) and the sum. of ($20.00) from the: General Fund of the City of South Bend, Indiana to the City Clerk for Hiring and Premium on Bond of ant additional:; Deputy.. " South Bend, Indiana, April 14th, 1930. I, Gladys M, Monroe, City Clerk of the City of South Bend, Indiana, do hereby certify that a copy of the attached notice was published on March 28th and April 4th, 1930 in the Evening Editions of the South Bend.News Times and the Weekly Publications of'The Mirror, of the City of South Bernd,, Indiana, also that I kiave poste notices in the following places, to -wit: City Hall, South Bend, Indiana, Court House, outh end, Indiana, Telephone Pole at South kKxdaside of West LaSalle Avenue: between North Michigmn and Main Streets, South Bend, Indiana. In Witness.`hhereof, I have hereunto set my'hand and affixed the Seal of the C1ty of South B J. ndiana, this 14th day of April, A, D. 1930. Gladys M. Monroe, City Clerk .m( Official Seal) ( See files for proof of publication.), QmxMxtxanzx The Report was accepted by the Council. REPORT OF COMMITTEE ON MINUTES. To the Common Council of the City of Sout# &end: 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 corre They therefore recommend tizat the same be approved. Glen L. Oakley, Stepken: C. Grzeskowiak, J. C Hiss, Committee. South Bend, Ind. March 10th, 1930. The report was accepted by the Council. REPORT OF THE COMMITTEE OF THE WHOLE. To the Common Counciik of the 'City of South Bend: Your Committee of the Whole to whom was referred An Ordinance amending Ordinance No. 2331, c pmmonly known as the Zoning Ordinance.- Respectfully report that they have examined the matter, and that i their p.pinioj the said Ordinance should be reported Unfavorable. W. I. Fegan,. Acting Chairman. The report was accepted by the Council. • REPORT OF THE COMMITTEE OF THW WHOLE. To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred An Ordinance amending OrdinanceNo. 2331, co monly known as the Zoning Ordinance. Respectfully, report that they have examined the matter, and that in their opinion the said Ordinance should be reported Unfavorable..W. I. Fegan, Act ing Chairman. e . Report was accepted by the Council. REPORT OF THE COMMITTEE OF THE WHOLE. To the Common Council of the City of South Bend: I Your Committee of the Whole to whom was referred An Ordinance ratifying a contract between the Board of- Public Works of the City of South Bend, Indiana, and Phillip Cohn, Contractor. Respectfully report that they have examined the matter, and that in their opinion the said.Ordinance should be reported Favorable. W. I. Fegan., Acting Chairman. The report was accepted by the Council. REPORT OF THE COMMITTEE OF THE WHOLE. To the Common Council of the City of South Bendlj Your Committee of the Whole to whom was referred 'AnOrdinance ratifying a contract between the Board of Public Works; of the City of South Bend, Indiana, and The Smogor Lumbar Company,, Contractor. Respectfully report that tUey haveixxpvaixdxi;kKx examined the matter, and that in their opinion t e said Ordinance should be reported Favorable:. W..I:k. Fegan, Acting Chairman. The report was.accept d by the Council. REPORT OF THE COMMITTEE OF THE WHOLE. To the Common Council of the City of, $Outh Bend: Youn Committee of the Whole, to whom was referred An Ordinance ratifying a. contract between the Board of Public Work :of the City of South Bend, Indiana., and Fred P. Futter, Contractor. respectfully report that they ex ami:ned the matter, and that in their opinion the said Ordinance sho be reported Favorable. 111. I. Fegan,.Acting Chairman. The report was accepted by the Council. REPORT OF THE 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 Relating to the Protection of the intersection of the Right -of. -Way of the Grand Trunk Western.Railroad Company , with 22nd and 26th Streetm, Public Hinghways in the City of South Bend, Indiana. Respectfully report, iar that Phey-have examined the matter, and that in their opinion the said Ordinance should be reported avorable.. W. I. Fegan, Acting Chairman. The report was accepted by the Council. REPORT mF "THE COMMITTEE OF THE WHOLE. _ - --: C: To the Common Council of the City of South Your Committee of the Whole to whom was referred An Ordinance amending Ordinance Number 2331. commonly known as the Zoning Ordinance. Respectfully report that they have examined the matter, cnd • that in their opinion the said Ordinance should be reported Favorable as amended. W. I. Fegan, Acting Chairman. The report was accepted by the Council. REPORT OF THE 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 amending Ordinance No. 2331, commonly known as the Zoning Ordinance affecting Lots Lettered H and t2, I and 12, J and J2, K aid 12, L and L2, M and M2, N and N2, and 0 and 02, Wenger and Kreighbaum's Vistula Addition to the City of South Bend, Indiana, Respectfully report that they have examined the matter, and tha.t.in thei3 opinion the said Ordinance should be reported favorable as amended. W. I. Fegan, Acting Chairman. The report was accepted by the Council. REPORT OF THE COMMITTEE OF THE WHOLE. • To the Common Council of the City ofvSouth Bend: Your Committee of the Whole to whom was referred An Ordinance appropriatin the sum of Ug#t Hundred Fifty -six Dollars ($856.00) and the sum of Twenty Dollars ($20.005 from the Genera Fund of the City of South Bend, Indiana, to the City Clerk for Hiring and Premium on Bond of an additional Deputy. Respectfully report that they have examined the ma r and that in their opinion the said Ordinance should be reported favorable. W. I. Fegan At9man. The report was accepted by the Council. ORDINANCE NO. An Ordinance amending Ordinance No. 2331, .commonly known as t�,ve Zoning Ordinance. The Ordinance was given its third reading by title, and placed upon its passage and P- w s Lost by the following vote: Fegan, Nelson,--Whiteman, Rokop, Hull, Jaworski, Altfeld, Hiss, Oakley., Grzeskowiak, Cripe and Gustin, Ayes 0, Nays 12, Ordinance Lost. • ORDINANCE NO. ' ' - An Ordinance amending Ordinance No. 2331, ,commonly known as the Zoning Ordinance. The Ordinance was given its third reading by title, and -was placed upon its passage and was Lot* by the following vote: Fegan, Nelson, Whiteman, Rokop, Hull, Jaworski, Altfeld, Hiss, Oakle , Grzeskowiak, Cripe and Gustin, Ayes 0, Nays 12, Ordinance Lost. ORDINANCE NO. 244. An Ordinance amending Ordinance No. 2331, commonly known as the Zoning Ordinance affecting Lots Lettered "H" to a "O" Inclusive, Wenger and Kreighbaum's Vistula Avenue Addition to the City of South Bend, Indiana. The Ordinance -was given its third reading by title, and was placed upon its passage and pms ed by the following vote: Fegan, Nelson, Whiteman, Rokop, Hull, Jaworski, Altfeld, Hiss, Oakley, Grzeskowiak, Cripe and Gustin, Ades 12, Nays 0. Ordinance kart Adopted. .ORDINANCE NO.�� �. An Ordinance amending Ordinance Number 2331 commonly known as the Zoning Ordinance. The Ordinance was given its third reading by title, and was placed upon its passage and pas ed by the following vote: Fegan, Nelson,, Whiteman, Rokop, Hull, Jaworski, Altfeld, Hiss, Oakley, Cripe dkzA# and Gustin, Ayes 12, ys 0. Ordinance adopted. Grzeskowiak, Na ORDINANCE N0. 28+6. 'An Ordinance Relating to the Protection of the Intersection of the Right -of -Way of the Gran Trunk Western Railroad Company, with 22nd and 26th Streets, Public Highways in 'the Citynaf South Bend, Indiana. L The Ordinance was given its third reading by title, and was placed upon its passage and pas ed by the following vote: Fegan, Nelson, Whiteman, Rokop, Hull, Jaworski, Altfeld, Hiss, Oakley; • I Cripe and Gustin, Ayes 12, Nays 0. Ordinance adopted. .Grzeskowiak, ORDINANCE N0. 28470 An Ordinance appropriating the sum of Eight Hundred Fifty -six Dollars 056.00) and the sum of Twenty Dollars ($20.00) from the General Fund of the City of South Bend, Indiana to the City Clerk for Hiring and Premium on Bond of an additional Deputy. The Ordinance was given third reading by title, and was placed upon its passage and passed by the following vote: Fegan, Nelson, Whiteman, Rokop, Hull, Jaworski, Altfeld, Hiss, Oakley, Grzeskowiak, Cripe and Gustin, Ayes 12, Nays 0. Ordinance adopted. ( See page 23 ) : ORDINANCE NO 2848. An ordinance ratifying a contract between the Board of Public; `Works of the City of South Bend, Indiana, and The Smogor Lumber Company, Contractor. The Ordinance was given its third reading by title, and was placed upon its passage and passed by the following vote: Fegan, Nelson, 'Whiteman, Rokop, Hull, Jaworski, Altfeld, Hiss, Oakley, Grzeskowiak, Cripe and Gustin, Ayes 12, Nays 0. Ordinance adopterd. ORDINANCE NO. ' 8849. An Ordinance ratifying a contract between the_ N Board of Public; 'Works of the City of South Bend, Indiana, and Phillip Cohn, Contractor. The Ordinance was given its third reading by title, and was placed upon its passage and passed by the following vote: Fegan, Nelson, Whiteman, Rokop, Hull, Jawo:rlgki, Altfeld, Hiss, Oakley, Grzeskowiak, 110ripe and Gustin, Ayes 12, Nays 0. Ordinance adopted. ORDINANCE NO 28 50. An Ordinance ratifying a contract between the Board of Public 'Works of the City of South Bend, Indiana, and Fred P. Futter, Contractor. The Ordinance was given its third reading by title, and was placed upon its passage and - passed by the following vote: Fegan, Nelson, Whiteman, Rokop, Hull, Jaworski, Altfeld, Hiss, Oakley, Grzeskowiak, Cripe and Gustin, Ayes 12, Nays 0. Ordinance adopted. ORDINANCE NO An Ord9inance Ratifying a certain Contract between the City of South Bend, Indiana and The Sisters of the Holy Cross Hospital Association. The Ordinance was given its k first reading by title, its second reading in full and on Motion of Councilman Nelson was referred to the Committee ofr_the 'Whole. Motion carried. ORDINANCE NO An Ordinance p opriating the sum of Four Hundred Eighty t'= * >t61l&r4 ($480.00) from the General Fund of the City of South Bend, Indiana to the Judicial Department for Transportation of the Probation Officer. The Ordinance was given its first reading by title, its second reading in full and on Motion of Councilman Oakley was referred to the Committee of the 'thole, also that a Public Hearing be -held May 5th, 1930 at 7:30 o'clock P. M. Motion fa carried. ORDINANCE N0. 2851. An Ordinance Ratifying Resolution No. 5 for Separation of Grades of certain Railroads and certain Streets in.the City of South Bend. The Ordinance was given its first reading by title, its second reading in full and Councilman Nelson makes a Motion to 8Vspend Rules, which were voted on by the following vote: Fegan, Nelson, 'Whiteman, Rokop, Hull, Jaworski, Altfeld, hiss, Oakley, Grzeskowiak, Cripe and Gustin, Ayes 12, Nays 0. Subpena on :of� Rules Dabbed "la.nd Ordinance goes to third reading. The Ordinance ,was given its third reading by title , and was placed upon its passage and passed by the following vote: Fegan, Nelson, Whiteman, Rokop, Jaworski, Altfeld, Hiss, Oakley, Grzeskowiak, Cripe and Gustin, Ayes 12, Nays O. Ordinance adopted. RESOLUTION. INTRODUCED BY COUNCILMAN STEPHEN C. GRZESKOS'WIAK. State pf Indiana, City of South Bend SS: BEFORTHE COMMON COUNCIL. RESOLUTION. Resolved by the Common Council of the City of South Bend, Indiana, THAT WHEREAS, on the 18th day of February, 1930, August Shumacher Et al, filed a Petition in the office of the Auditor. °of St. Joseph County, Indiana, their petition for the improvement of a certain highway in Portage Township of said County, in which proceeding the beginning course and termination of said proposed improvement is as follows: Beginning at-,a point in the centiez fine of said Juniper` -Road, sixty (60) feet! South of the Northwest corner of Section Six (6), Township Thirty - seve (37) North, Range Three Q3) East, thence South along and upon the center line of said Juniper Road and the West line of said Section Six (6) to the City Limits of the City of South Bend, thence continuing South along the center line of Eddy Street in the City of South Bend, to the North line of South Bend Avenue in said City of South Bend, where it terminates. AND WHEREASat, a part of the said highway proposed to be improved is within the corporate limits of thesaid City of South Bend, which said portion is a part of Eddy Street-,in said City. THEREFORE , Be It Resolved , by the Common Council of the City of South Bend, Indiana, that the Common Council of said City does hereby consent to an d approve the said proposed improvew of said Street: and Highway, and of said portion of said Eddy Streetk in the City of South Bend, Indiana, by the Board of Commissioners of St. Joseph. County, Indiana, under said petition, as set forth and described in said proceedings, and in accordance to the plans, spedifications and profilem, now on file in the office of the Auditor of said County, and all acts of said Board of Commissioners therein, heretofore pr-fomed by it are hereby ratified and approved. On Motion of Councilman Hiss the Resolution was adopted. Motion carried. RESOLUTION., INTRODUCED BY COUNCILMAN GEO. F. HULL. Whereas, during the proceeding week and on this- date, practically all major industries and business establishments in the City of South Bend have declared a daylight savings time schedule, and, Whereas, the claim is made that such change from standard to so- termed fast time becomes necessary because advanced time being in operation in all leading cities from New York to Chicago, and in many surrounding cities and towns, cause inconvenience add loss to South Bend in a business way, and Whereas, confusion and inconvenience will become widespread in the city affecting in- merable persons and interests unless the time by official action is made uniform concerning 1 city activities, NOW, Therefore, it ishereby resolved, declared, and ordered by the Common:Council of the 'ity of South Bend, Indiana, that the standard time throughout said city beginning at the hour f 2 :00 o'clock A. M. on April 27; 1930, and ending at the hour of 2 :00 o'clock A. M. on the ast Monday in September, 1930, shall be that of the 75th Meridian of Longitude rest from Greenwich, known as Eastern Standard Time, and that municipal offices and all legal or official roceedings of the City of South Bend shall be conducted thereby and when by resolution, ord- nance or order of any municipal officer, orboard, or Common Council, an act shall lz-- done or erformed.at cr within a prescribed time, it shall be done as herein designated. Petition for Daybight Savings was filed into the Common Council, signed by It serveral business, nd manufacturing concerns of South Bend, who are adopting the so called It Daylight Savings ime'I Remonstrancesagainst Daylight Savings Time were filed for the R &d:k2 -xX2i tkx61x1% different S ( Concluded ) Theatres of the City of South Bend,Indiana, also Th by 21 Twenty —two Restaurants Owners and acim also by Local Union No. 413 United Brotherhood of Carpenters and Joiners of America. Councilman Hull makes a Motion to adopt said Resolution. Councilman Altfeld makes a Motion for Roll call, which was seconded, and the following is the vote by Roll Call. Fegan, Nelson, Whiteman,Hull, Hiss, Oakley and Cwipe voting Aye, Rokop, Jaworski, Altfeld, Gr zeskowiak and. Gustin voting Nay, Ayes 7, Nays 5, Resolution adopted. RESOLUTION. INTRODUCED BY COUNCILMAN JOHN C`. NELSON. WHEREAS the local chapter of The Izaak Walton league proposes to hold a boat race on the S1 Joseph River on Sunday afternoon, June S, 1930; and WHEREAS, the purpose of sad boat race is to accumulate funds to promote Iza.ak Walton activ9 the elimination of unsanitary condition of the St. Joseph River; and WHEREAS , in order to effectually realize any funds by reason of said boat race it is necessary to charge a small admission fee to the -place and /or places of vantage along the proposed route of said boat race; and WHEREAS, in order to charge an admission fee to the place and /`or places of vantage aloe the proposed route of said boat race it- is 7&ecessary to control the ingress to said place and/ or places; and WHEREAS, in order to control the ingress to said place and / or places cf vantage it is necessary to temporarily block off the ends of certain streets and / or avenues in the City of South Bend; therefore BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that-by and with the consent_ of the Board of Public Safety and the Board of Park Commissioners of said City, the Izaak Walton League is - hereby authorized an d permitted to block off for a temporary period on Sunday, June S, 1930, the south ends W of South St. Louisff Boulevard, South St Peter Street, South Notr& Dame Avenue, South St. Francis Street, the South Eddy Street entrance to LaSalle Park, and the intersectionsTof Arch Avenue and East Monroe Streets with Edgewater Drive. On Motion: of Councilman Nelson the Resolution was adopted. Motion carried. On Motion of Councilman Oakley the Council adjourned at 9.00 o'clock P. M. motion carried. ATTEST C ER K 9 APPROVED PRESIDENT. 9 ties • ,, I1 u 01 0-1 *I