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HomeMy WebLinkAbout08-09-48 Council Meeting MinutesREGULAR MEETING AUGUST 9TH, 1948 Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chambers, City Hall, August 9th, 1948, at 8:20 P.M., with all members present. President Niezgodski presided. The reading of the minutes of the previous meeting was waived. PETITION Vitus Jones, as the agent of and the attorney for William M. Lass, respectfully petitions the Common Council of the City of South Bend, Indiana, to pass and adopt the accompanying amendment to the zoning ordinance, rezoning the following described property as "D" Use District (light industrial) and "F" Height and Area I?istrict: A tract of land in the Northwest Quarter (*) of Section Two (2), Town ship Thirty -seven (37) North, Range Two (2) East, in St. Joseph County, Indiana, containing Nine and Sixteen Hundredths (9.16) acres more or less, described as follows, to wit: Beginning at the intersection formed by the junction of the South line of Elwood Avenue, in the City of South Bend, with the Westerly line of Portage Avenue as originally laid out; thence South - westerly 163 feet along the Northerly line of a Lot heretofore owned in life by Walter Muessel and to a point 150 feet South from the South line of Elwood Avenue; thence Southerly 61 feet to a point which is 1132 feet Southerly along the Westerly line of Portage Avenue and 140.3 feet Westerly from the Westerly* line of Portage Avenue; thence Easterly 14003 feet to Portage Avenue; thence Southeasterly along the Westerly line of Portage Avenue 276 feet to the Northerly line of the property of the New York Central Railroad Company; thence Southwesterly along the Northerly line of said New York Central Railroad Company 1063.7 feet; thence North 11842 feet to a point in the South line of Elwood ,;venue which is 363.4 feet Westerly from the place of beginning; thence East along the Southerly line of Elwood Avenue 363.4 feet to the place of beginning. The underpigne.d, Vitus Jones, as the agent of and the attorney for William M. Hass, asserts that the said William M. -Hass is'the owner in fee of the above described real estate. Dated this 9th day of August, 1948, WILLIAM M. HASS By Vitus Jones As the Agent of and Attorney for William M. Hass Councilman Tellson made a motion that the petition be referred to the City Plan Commission. Councilman Korpal seconded the motion. Motion carried. PETITION To the Common Council of the City of South Bend: Your petitioners respectfully show to your Board that the following described real estate, to -wit: Lots Numbered One Hundred Sixty -eight (168), One Hundred Sixty -none (169), One Hundred Eighty -four (184) and One Hundred Eighty -five (185) in Horne and Dunn's First Subdivision in 'River Park now within and a part of the City of South Bends ,.has heretof or& been classified and zoned as "C" Commercial and "B" Height and Area District. Your petitioners respectfully request,that the said zoning be changed to "C" Commercial and "E" Height and Area District. The said real estate lies on the south side of Mishawaka Avenue between 27th Street and 28th Street Your petitioners are the owners of more than 50 per cent of the above described real estate.. CENTRAL WEST OIL CORPORATION BY Morris Parker ice- resident Clinton P. Walker F. D. Schurz STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, a Notary Public, in and for said County and State, personally appeared Clinton P. Walker and F. D. Sehurz, who acknowledged the execution of the foregoing instrument to be their free and voluntary act, and Morris Parker, known to me to be the Vice - President of the Central West Oil Corporation and stated that he executed the foregoing instrument on behalf of the said corporation and that he was authorized to execute the same for and on behalf of the said corporation, on the 23rd day of July, 1948. My commission expires: 1 -4 -51 Homer Q. Earl Notary Public Councilman Glass made a motion that the petition be referred to the City Plan Commission. Councilman Erler seconded the motion. Motion carried. PETITION The petitioners herein, Marion E. Fisher and Marie Fisher would show to your honorable body: 1. That they are the owners in fee simple of the following described real estate, situated in the City of South Bend, St. Joseph County, Indiana, to -wit: Lot Numbered Fifteen (15) as shown on the recorded Plat of Mayr's Michigan .avenue Addition to the City of South Bend, Numbered 22212 Lincolnway West; 2. That said property is now zoned for residential use only. AUGUST 9TH. 1948 3. That your petitioners herein desire that said property be rezoned to commercial for the purpose of constructing and operating thereon a grocery and market. WHEREFORE, your petitioners respectfully pray that your honorable body rezone said property from residential to commercial. MARION E. FISHER MARIE FISHER BEFORE THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA IN THE MATTER OF THE PETITION OF MARION E. ) FISHER AND MARIE FISHER TO REZONE LOT N0. ) 15, AS SHOWN ON THE RECORDED FLAT OF MAYF'S ) CONSENTS OF ADJOINING MICHIGAN VENUE ADDITION TO THE CITY OF ) PROPERTY OWNERS SOUTH BEND, NO. 2221 LINCOLFWAY, FROM ) RESIDENTIAL TO COMMERCIAL, ) We, the undersigned, owners of property adjoining the area above in question, and land in the vicinity of such land the subject of the above entitled petition, hereby declare that we consent to said property being rezoned from residential to commercial for the use indicated in the petition ntwon file with the Honorable Common Council of the City of South Bend. (6 Signers) Councilman Korpal made a motion that the petition be placed on file. Councilman Erler seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Ind. August 6, 1948 Gentlemen: Hearing on petition for change of zoning classification Lot No. 15 in Mayr's Michigan Avenue Addition from residence district to commercial was held by City Plan Commission at regular meeting August 5th, 19489 This change is not recommended. D. MOOMAW, Seely. Councilman Glass made a motion that the report from the City Plan Commission be held up for further consideration. Councilman Erler seconded the motion. Motion carried. REPORT OF CITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE MONTH OF JULY,-1948. Balance first of month . . . . . . . . . . . . . . . # 1,1700676.96 Receipts during month . . . . . . . . . . . . . . . , 1,1140854.81 Disbursements . . . . . . . . , . . . . . . 9. 442,773.13 Balance July 31, 1948 . . 0 1,842,758.64 Councilman Kemper made a motion.that the report be accepted and placed on file. Councilman Korpal seconded the motion. Motion carried. REPORT OF ELECTRICAL .DEPARTMENT TO THE COMMON COUNCIL .August 9, 1948 CITY OF SOUTH BEND, INDIANA • Gentlemenr Referring-to your inquiry of .July 12th, relative to petitions for street lights at California and Adams Streets, Lindsey and Cushing Streets, Napier and Meade Streets, Huey and Linden Streets, Olive and Bertrand Streets, I am pleased to report that installation has been completed at California and - •-dams Streets and at Huey and Linden Streets. All the other petitions are`on order with the Indiana & Michigan Electric Company. In regard to the light on Prast Boulevard, to which reference was made, this light was installed merely for the purpose of indicating the curve in the street. There does not appear to be any other street purpose to be served as this is not at a cross street. This is a 1000 lumen light which is not interefered with by trees, and lights the curve for which it was intended. There are so -any petitions on file at this time for lights at locations where no light now exists that our efforts have been to get lights installed where the need is greatest. Respectfully submitted, WM. F. QUALLS, SUPT. Councilman Glass made a motion that the report be tabled.. Councilman Korpal seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bends August 9, 1948 Your Committee of the Whole to whom was referred "An Ordinance appropriating the sum of Five Hundred ($500.00) Dollars from the General Fund of the City of South Bend, Indiana, to the following indicated budgetary Account C -36, Office Supplies, of the 1948 budget in the Office of the City Clerk, and declaring an extraordinary emergency. Respectfully report that they have examined the matter and that in their opinion this ordinance shall go to the Council as favorable. STANLEY Co KORPAL, Chairman Councilman Kemper made a motion that the report be accepted. Councilman Erler seconded the motion. Motion carried. 1:::: AUGUST 9TH, 1948 REPORT OF ORDINANCE COMMITTEE The Committee on Ordinances, relative to changing Indiana Avenue from a street or avenue to a boulevard, met and worked late into the night but it could not come to any conclusion relative to the said ordinance and so reports to the Common Council. Councilman Bestle made a motion to accept the report. Councilman Kemper seconded the motion. Motion carried. Councilman Muszynski recommended that the City Attorney draw up a new ordinance in accordance with the petition filed. ORDINANCE AN ORDINANICE AMENDING SECTIONS 3, 16 and 21 OF ORDINANCE N0. 2979 OF THE ORDINANCES OF THE CITY OF SOUTH BEND, INDIANA, AND SECTION 1 OF ORDINANCE NO. 3309 OF THE ORDINANCES OF SAID CITY,.AND SECTION 1 OF ORDINANCE NO. 3359 OF THE ORDINANCES OF SAID CITY WHICH AMENDMENTS .PROVIDE FOR AN APPLICATION FORM FOR LICENSES; PROVIDE FOR THE DUTIES OF THE CITY CONTROLLER AND CHIEF OF POLICE; PROVIDE FOR HEARING UPON SUCH TAXI -CAB AND TAXI DRIVER LICENSES; PROVIDE THE STANDARDS UPON Vff3ICH SUCH LICENSES MAY BE GRANTED; PROVIDE FOR AN APPEAL OF APPLICANTS FOR TAXI -CAB LICENSES; PROVIDE FOR THE REVOCATION AND REINSTATEMENT OF SUCH LICENSES, AND ALL LICENSES RELATING TO THE DRIVING OF TAXI -CABS; PROVIDE FOR BONDS OR INSURANCE POLICIES PROTECTING THE PUBLIC; PROVIDE FOR TAXI STANDS AND FOR PAIMENT FOR THE USE OF TAXI STANDS; AND REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. The ordinance was given first reading by title and second reading in full. Councilman Tellson made a motion that the ordinance be referred to the Committee of the Whole for Public Hearing on August 23rd, 1948 at 8:00 P.M. Councilman Muszynski seconded the motion. Motion carried. ORDINA'N'CE AN ORDINANCE TRANSFERRING THE SUM OF TWO HUNDRED AND FIFTY ($250.00) DOLLARS, FROM ACCOUNT NUMBER Q -11, SALARIES, FIRE DEPARTMENT TO ACCOUNT NUMBER Q -222, GAS, FIRE DEPARTMENT; AND THE SUM-OF ONE HUNDRED ($100.00) DOLLARS FROM ACCOUNT NUMBER Q -11, SALARIES, FIRE DEPARTMENT TO ACCOUNT NUMBER Q -214, TELEGRAPH AND TELEPHONE, FIRE DEPARTMENT, AND DECLARING AN EXTRAORDINARY EMERGENCY. The ordinance was given first reading by title and second reading in full. 'Councilman Kemper made a motion that the ordinance be referred to the Committee of the Thole for Public Hearing on august 23rd, 1948 at 8 :00 P.M. Councilman Korpal seconded the motion. Motion carried. ORDINANCE N0.-3653 ". AN ORDINANCE APPROPRIATING THE SUM OF FIVE HUNDRED ($500.00) DOLLARS FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. -TO THE FOLLOWING INDICATED BUDGETARY ACCOUNT C -36, OFFICE SUPPLIES, OF THE 1948 BUDGET IN THE OFFICE OF THE CITY CLERK,.AND DECLARING AN EXTRAORDINARY EMERGENCY. The ordinance Seas given third reading and passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE NO. 365.4 , AN ORDINANCE PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SOUTH BEND, INDIANA (BELLEVILLE UNIT A PROPOSED) The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. There being no further business before the Council, Councilman Korpal made a motion to adjourn, ;which was seconded, by Councilman Bestle. Motion carried, and Council adjourned at 9:20 P.M. ATTEST: . CLERK APPROVED: i-