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HomeMy WebLinkAbout08-12-40 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, August 12, 1940, at 7:46 P.M. with all members present. President McCarthy presided. The reading of the minutes of the previous meeting was waived. PETITION PETITION FOR THE RECLASSIFICATION OF REAL ESTATE AND AN AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, WHICH SAID ORDINANCE IS MORE PARTICULARLY KNOWN AS ORDINANCE NO. 2331. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: The undersigned, Drewrys Limited U.S.A. Inc., an Indiana corporation, being the owner of the following described estate in the City of South Bend, County of St. Joseph, and State of Indiana, to wit: Beginning at a point that is 880 feet East of the West boundary line of Section No* 2, Township 37 North, Range No. 2 East and 130 feet South of the South line of Elwood Avenue; thence East on a line parallel with the South line of said Elwood Avenue a distance of 95 feet; thence South on a line parallel with the West boundary line of said Section No. 2 a distance of 270 feet; thence West on a line parallel with the South line of Elwood Avenue a distance of 95 feet;thence North to the place of beginning,) hereby respectfully petitions that said property be rezoned.as.a Class D Light Industrial District and as Class F Height and Area District so that said real estate shall be adaptable for the uses permitted by and under said use and height and area classifications and subject to the restrictions pertaining thereto. The undersigned desires and intends to utilize said property for purposes consistent with the classifications herein petitioned for. IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal by its duly authorized officers this 30th day of July, 1940. DREWRYS LIMITED U.S.A. INC. ATTEST: By C. A. BUDD J. E. JEANI+7ERET Vice President Secretary Statement and seal of Notary. Councilman Hull made a motion that the petition be referred to the Zoning Board. Councilman Heideman seconded the motion. Motion carried. PETITION GREETINGS:- We, the undersigned petitioners, own or occupy dwellings on the following streets: Rogers, Longley, Westmore, and Goodland. The employees of the Bendix Products Corporation habitually park their automobiles during working hours between Goodland and Bendix Drive on Rogers, Longley and Westmore Streets and Between Westmore and Rogers Streets on Goodland Avenue. On many occasions.the driveways are completely blocked, and the property owners and occupants are unable to utilize the parking space in frong of their homes for their own convenience, and we feel that parking automobiles solidly during working hours on each of these narrow streets constitutes a very definite fire hazard. We respectfully petition the Common Council to enact a suitable ordinance prohibiting parking for more than two (2) hours on each of the above named streets from the hours of eight o'clock (8:00) A.M. to five o'clock (5:00) P.M. excepting Sundays. 23 SIGNERS . Councilman Richardson made a motion that the petition be referred to the traffic engineer for investigation and a report be given to the Council by the Engineer at the next meeting. Councilman Brannon seconded the motion. Motion carri ed. REPORT OF THE COMMITTEE OF STREETS, ALLEYS & BRIDGES 8/12/40 To the Common Council of the City of South Bend: Your Committee on Streets, Alleys & Bridges to whom was referred a petition to change the name of Center Street to Columbus Street or Columbus Court - Respectfully report that they have examined the matter and that in their opinion the name of this street shall be changed to Columbus. Court. Councilman Pulaski made a motion that the report be adopted. Councilman Bishop seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF`THE WHOLE 8/12/40 To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred an ordinance prohibiting the ordinance prohibiting the keeping of bees within the City of South Bend - Respectfully report that they have examined the matter and that in their opinion this ordinance shall be rejected* LEO M. JORDAN, Chairman Councilman Hull made a motion for the adoption of the report. Councilman Niexgodski seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE 8/12/40 To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred an ordinance transferring certain funds from the General Fund of tl Civil City of South Bend, Indiana, to the Fire Department Repair of Equipment Fund for emergency purposes - Respectfully report that they have examined the matter and that in their opinion this ordinance shall go to the Council favorably. LEO M. JORDAN, Chairman Councilman Niezgodski made a motion for the adoption of the report. Councilman Bishop seconded the motion. Motion I 111 REPORT OF THE COMMITTEE OF THE VEOLE 8/12/40 II To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred a proposed goat milk ordinance for the City of South Bend, Indiana Respectfully report that they have examined the matter and that in their opinion this ordinance shall be adopted. LEO M. JORDAN, Chairman Councilman Pulaski made a motion for the adoption of the report. Councilman Bishop seconded the motion. Motion carried. ORDER OF APPOINTMENT OF APPRAISERS In pursuance of the request of the Common Council of the City of South Bend of the State of Indiana, adopted on the 2nd day of July, 1940, I hereby appoint ALBERT McGANN, FRED HELMEN and ROBERT H. ANDERSON to appraise: Barrett Law bonds and coupons for the year 1931 owned by the City of South Bend, and issued pursuant to Resolution No. 1863; providing for McKinley Avenue pavement from Sunnyside to Greenlawn, Roll No. 2144; and Barrett Law bonds and coupons for the year 1931 owned by the City of South Bend, and issued pursuant to Resolution No. 1923, providing for McKinley Avenue pavement from Greenlawn to Twenty- Second Street, Roll No. 2235; and All of the right, title 'and interest of said City in and to any assessments levied on account of said bonds owned by said City; and make return thereof to the Mayor or Common Council. STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) DAN . PYLE Judge, St. Joseph Circuit Court Vie, ALBERT McGANN, FRED HELMEN and ROBERT H. ANDERSON, do solemnly swear that we will make a just and true valuation' of: So help us God. (Notary sta tement and seal) (Above described Barrett Law bonds and coupons). ALBERT McGANN FRED HELMEN ROBERT H. ANDERSON We, the undersigned appraisers appointed by the Judge of the St. Joseph Circuit Court to appraise: (Above described Barrett Law bonds and coupons) do hereby appraise and fix the value thereof at ONE THOUSAND (41,000) DOLLARS. ALBERT McGANN FRED HELMEN ROBERT H. ANDERSON . Councilman Hull made a motion that the reports be accepted. Councilman'Jordan seconded the motion. Motion carried. REPORT OF THE CITY CONTROLLER OF THE CITY OF SOUTH BEND For the month of June, 1940. Balance on Hand First of Month - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $1,044,623.26 Total Balance and Receipts - - - - - - - - - - - - - - - - - - - - - - - - - $1,165,666.06 Balance 6 /30/40 - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $ 955,874.95 .Councilman Brannon made & motion that the report be accepted. Councilman Richardson seconded the motion. Motion carried. ORDINANCE NO. 3328 AN ORDINANCE TRANSFERRING CERTAIN FUNDS FROM THE GENERAL FUND OF THE CIVIL CITY OF SOUTH BEND, INDIANA, TO THE FIRE DEPARTMENT REPAIR OF EQUIPMENT FUND FOR EMERGENCY PURPOSES. This ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE NO. 3329 PROPOSED GOAT MILK ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA This ordinance was given third reading and passed by roll call vote of 9 ayes - 0 nays. ORDINANCE AN ORDINANCE APPROPRIATING X440.00 TO THE SPECIAL BARRETT LAW BOND ACCOUNT OF THE CITY OF SOUTH BEND, INDIANA, AND TRANSFERRING This ordinance was given first and second reading. Councilman Hull made a motion that the ordinance be published and referred to the Committee of the Whole for public hearing on august 26. Councilman Brannon seconded the motion. motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 2331, C010-fiONLY KNOWN AS THE ZONING ORDINANCE This ordinance was given first and seconded reading. Councilman Bishop made a motion that the ordinance be` referred to the Committee of the Whole for public hearing on August 26th. Councilman Niezgodski seconded the motion. Motion carried. ORDDINANCE THIS ORDINANCE IS AMENDATORY OF ORDINANCE NO. 2331, ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ON JUNE 259 1923, COMMONLY KNOWN AS THE ZONING ORDINANCE. This ordinance was given first and second and reading. Councilman Pulaski made a motion that the ordinance be red to the Zoning Board together with the petition. Councilman Brannon seconded the motion. Motion carried. ORDINANCE No. 3330 AN ORDINANCE APPROVING THE CONTRACT ENTERED INTO BY AND BETWEEN THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND, AND THE MORETRENCH CORPORATION OF ROCKAWAY, NEW JERSEY. This ordinance was given first and second reading. Councilman Jordan made a motion for the suspension of the rules. Councilman Bishop seconded the motion. Motion carried by roll call vote of 9 ayes - o nays. The ordinance was given third reading and passed by roll call vote of 9 ayes -0 nays. ORDINANCE NO. 333l (as amended) AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF.$1,650,000.00 FUNDING BONDS OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA., AND PROVIDING DETAILS IN The ordinance was given first readin by title and second readin in fu�l. Councilman Niezgodski made a motion What the words "the City Controller be used in the third line of Seotion 7 instead of the words "said official ". Councilman Richardson seconded the motion. Motion carried. Councilman Jordan made a motion for the suspension of rules. Councilman Richardson seconded the motion. Motion carried by a roll call vote of,9 ayes - 0 nays. The ordinance was given third reading and passed by roll call vote of 9 ayes - 0 naysp as amended. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $10650,000.00 TO BE RAISED BY A FUNDING BOND ISSUE OF LIKE AMOUNT FOR THE PURPOSE OF PAYING A JUDGMENT AGAINST THE CITY OF SOUTH BEND, INDIANA IN THE CASE OF READ ET AL VS. BECZKIEWICZ ET AL, WHICH IS CAUSE NO. 54558 IN ST. JOSEPH COUNTY SUPERIOR COURT <NUMBER 2. The ordinance was given first and second reading. Councilman Jordan made a motion that the ordinance be referred to the Committee of the Whole and public hearing be held on August 26th. Councilman Heideman seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AUTHORIZING THE SALE OF BARRETT LAW BONDS AND COUPONS, AND THE INTEREST OF THE CITY WITH RESPECT THERETO, ISSUED BY SAID CITY IN CONNECTION WITH IMPROVEMENT ?RESOLUTIONS- NOS. 1863 and 1923. The ordinance was given first and second.reading. Councilmen Hull made a motion that the ordinance be referred to the Committee of the Whole for public hearing on August 26th. L ouncilman Niezgodski seconded the motion. Motion carried. (ORDINANCE AN ORDINANCE FIXING THE SALARIES ANDPROVIDING FOR PAID VACATIONS OF CERTAIN CITY OFFICIALS AND EMPLOYEES OF THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. The ordinance was given first and second reading. Councilman Hull made a motion that the ordinance be referred to the Committee of the Whole and public hearing be held on August 26th. Councilman Niezgodski seconded the motion. Motion carried. (ORDINANCE AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE POLICEMEN'S PENSION FUND OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1041, AND ENDING DECEMBER 31, 1941, including ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. The ordinance was given first and second reading. Councilman Niezgodski made a motion to refer the ordinance to the Committee of the Whole for public hearing on August 26th. Councilman Richardson seconded the motion. Motion carried. (ORDINANCE AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE FIREMEN'S PENSION FUND OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1941 AND ENDING DEC34BER 31, 1941, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance was given first and second reading. Councilman Bishop made a motion to refer the ordinance to the Committee of the Whole for public hearing on August 26th. Councilman Niezgodski seconded the motion. Motion car (ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSE OF THE PARK DEPARTMENT OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1941, AND ENDING DECEMBER 31, 1941, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance was given first and second reading and on motion of Councilman Hull was referred to the Committee of the Whole for public hearing August 26th. Councilman Bishop seconded the motion. Motion carried. 210 ORDINANCE AN ORDINANCE APPROPRIATING MONEY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1941 AND ENDING DECEMBER 319 1941, INCLUDING ALL OUT- STANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME Cu AT T m AVP v7Pr.nm _ This ordinance was given first and second reading. Councilman Brannon made a motion to refer the ordinance to the Committee of the Whole for public hearing August 26th. Councilman Richardson seconded the motion. Motion carried. ORDINANCE AN ORDINANCE FIXING THE TAX LEVY FOR THE YEAR 1941 FOR THE MUNICIPAL CIVIL CITY OF SOUTH BEND, INDIANA. This ordinance was given first and second reading. Councilman Bishop made a motion to refer the ordinance to the Committee of the Whole for public hearing on August 26th. Councilman Niezgodski seconded the motion. Motion car RESOLUTION BE IT RESOLVED By the Common Council of the City of South Bend, that the Judge of the St. Joseph Circuit Court is .hereby requested to appoint three disinterested freeholders of this City for the appraisement of the following described real property owned by this City situated in the County of St. Joseph, State of Indiana, to -wit: LOT NO. 3220 AS SHOWN ON THE RECORDED PLAT OF WOODLAWN ADDITION. Councilman Niezgodski made a motion for the adoption of the resolution. Councilman Pulaski seconded the motion, Motion carried: There being no further business, Council adjourned at 9:20 P.M. ATTEST: APPROVED: CLERK �, VV " SIPENT a. t z a.