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Home My WebLink About09-24-51 Council Meeting Minutes4 {,C 06 .= S:: t S i S: S S:: i i i ° -i'i i 'i i i i i i• S i i i: i: i i i S i i i i i i i i i i REGULAR MEETING SEPTEMBER 24TH, 1951 Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chamber, Monday, September 24th, 1951, at .8x15 P.M., with all members present. President Niezgodski presided. 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 approved. Meeting of September 24th, 1951. CLEM NIEZGODSKI ) STANLEY C. KORPAL ) Committee CHESTER E. MUSZYNSKI ) A. KEMPER ) Councilman Muszynski made a motion that the report be accepted. Councilman Kemper seconded the motion. Motion carried. COMMUNICATION Mr. Clem Niezgodski, President South Bend City Council City Hall September 24, 1951 South Bend, Indiana Dear Mr. Niezgodski: The St...Joseph County Industrial Union Council Trent on record of protesting the removal of the New York Central Rail Road watchmen at the crossings at Western Avenue and Washington Avenue. It will be greatly appreciated by the C.I.O. and the people who use these crossings if the City Council will take .Mecewsary stepsr to retain these watchmen. Thanking you, I remain Respectfully yours, Stanley Ladd, President St. Joseph County IUC -CIO Councilman Erler made a motion that the communication be referred to the Board of Public Works. Councilman Mus zynski second6&. the motion. Motion carried. PETITION TO& THE COMMON COUNCIL OF THE CITY.OF SOUTH BEND, INDIANA Petitioner, Jackson Corporation, by its attorneys, Voor, Jackson, Grant & McMichael, respectfully petitions that Ordinance No. 3702, adopted by the Common Council on the 13th day of June, 1949, and commonly known as the Zoning Ordinance, be amended as follows, to -wit: That the property situate in the City of South Bend, Indiana, and described as follows, to wit: Lots Numbered Thirty -five (35), Thirty -six (38), Thirty -seven (37), Thirty -eight (38), Thirty -nine (39), Forty (40) Forty - one (41), and Forty -two (42) as shown on the reoorde;kat of Monticello, an Addition to the City of South Bend, be changed from "C" Commercial and D Height and Area Districts" to "A Residence and A Height and Area Districts ". Petitioner further states that the above described real estate constitutes all of the real estate now zoned in the C Commercial Use District, lying on either side of 30th Street between Sunnymede�Avenue and the right of way of the Grand Trunk Western Railroad Company in the City of South Bend, Indiana, and that Petitioner is the owner of said real estate. (Continued) REGULAR.MEETING SEPTEMBER 24TH, 1951 Petitioner further states that it has attached hereto a form of ordinance for the convenience, use and approval of the Common Council of the City of South Bend. WHEREFORE, Petitioner respectfully requests that the Common Council of the City of South Bend, Indiana, accept and act favorably upon its said petition and that the property herein described be, by proper ordinance, duly passed and legallypublished, changed from "C" Commercial and D Height and Area Districts" to "A Residence and A Height and Area Districts. JACKSON CORPORATION, Petitioner By Voor, Jackson, Grant & McMichael Attorneys for Petitioner William E. Voor Councilman Tellson made a motion that the petition be referred to the City Plan Commission. Councilman Glass seconded the motion. Motion carried. PE TI TION TO: THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA The undersigned, The First Bank and Trust Company of South Bend, as Trustee, Petitioner herein by its attorney, William E. Voor, respectfully represents and states to your honorable body: Petitioner is the record owner of the following described real estate situate in St. Joseph County, State of Indiana, to -wit: The Northwest One-quarter (4) of Section Number Thirt (30), Township Number Thirty -seven (37) North, Range Number Three (3 East; Also, a tract of land in Sections Numbered Nineteen (19), and Thirty (30), Township Number Thirty -seven (37) North, Range Number Three (3) East containing Twenty -nine and Seventy -three Hundredths (29.73) acres, more or less, bounded by a line running as follows; viz: Beginning at the Southwest corner of the Southeast Quarter O) of said Section Number Nineteen (19); thence North Two Hundred Ninety -one and Six Tenths (291.6') feet; thence East Five Hundred Seventy -two (5721) feet; thence South Two Thousand Two Hundred Sixty -two and Nine Tenths (2,262.91) feet; thence West Five Hundred Seventy -two (5721) feet; thence North One Thousand Nine Hundred Seventy -one (1,971') feet to the place of beginning, being Lots Numbered Four (4), Five (5), Six (6) and Ten and Nine Hundredths (10.09) acres off of the West side of Lot Numbered Three (3) , as shown on the Plat of the Commissioners filed in the cause of Sarah Denslow vs Robert G. Denslow, et al, a transcript of which plat and partition is recorded in Deed Record 60, Pages 338 to 343, inclusive; Containing in all One Hundred Ninety' (190) acres, more or less; Said real estate was duly annexed to the City of South Bend, Indiana, pursuant to Ordinance Number 3828, adopted by the Common Council of said City on the 23rd day of July, 1951. Petitioner J*s prepared'a Plat covering all of the above described real estate, which Plat has been tentatively approved by the City Plan Commission of the City of South Bend, Indiana; a copy of which Plat is attached hereto and made a part hereof. Petitioner requests that all of the above described real estate be located in "B" Residence Use District and in "B" Height and Area District, except the following described tract of land, designated on said Plat as "Commercial Area, ", to merit: Beginning at the Southwest corner of the Northwest quarter (4) of Section Thirty (30), Township Thirty -seven (37) North, Range Three (3) East, thence' East along the South line of the said Northwest quarter (j) of Section Thirty (30) a distance of One Thousand Ninety -seven and Nine Tenths (1097.9') feet, thence North, at an angle of Ninety degrees (900) to the left a distance of Forty (401)-feet, to the Point of Curvature of -a curve to the left, having a radius of Three Hundred Ninety and Seventy -six Hundredths (390.761) feet and an interior angle of Twenty (200) degrees, Fifty -four (54) Minutes and Thirty (30) Seconds, thence along said curve to the left, an are distance of One Hundred Forty -two and Six Tenths (142.6) feet to the point of Tangency of said curve, thence along the tangent of said curve produced, a distance of Four Hundred Sixty -six and Eighty -five Hundredths (466.851) feet, thence Westerly, at an angle of Ninety (906) degrees to the left, a distance of Thirty -eight and Thirty -three Hundredths (38.331) feet to the Point of Curvature of a curve to the right having a radius of One Thousand Two Hundred Forty and Ninety -seven Hundredths (1240.971) feet and an interior angle of Twenty -one (210) degrees, thence along said curve to the right, an are distance of Four Hundred Fifty -four and Eighty -four Hundredths (454.841) feet to the Point of Tangency of said curve to the right, thence West along the tangent of said curve to the right produced, a distance of Four-Hundred Twenty -five (425) feet, to the West line of Section Thirty (30), thence South along the West line of said Section Thirty (30), a distance of Five Hundred Twenty -one and Two Tenths (521.21) feet to the place of beginning, which tract Petitioner -requests.be located in "C" Commercial Use District and in "D" Height and Area District. Petitioner has attached hereto a form of Ordinance for the convenience, use and approval of the Common Council of the City of South Bend. WHEREFORE, Petitioner respectfully requests that the Common Council of the City of South Bend, Indiana, accept and act favorable upon its said petition, and that the above described real estate be zoned as herein requested. THE FIRST BANK AND TRUST COMPANY OF SOUTH BEND, AS TRUSTEE, PETITIONER. By: William E. Voor, Attorney for Petitioner Councilman Tellson made a motion that the petition be referred to the City Plan Commission. Councilman Korpal seconded the motion. Motion carried. 749 SEPTEMBER 24TH, 1951 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 reducing certain items in the 1951 South Bend, Indiana, Municipal Civil City Budget and appropriating from the General Fund of said City the sum of Five Thousand Five Hundred ($5,500.00) Dollars, to certain other budgetary items of the 1951 budget of said City, and declaring an extraordinary emergency". Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. STANLEY C. KORPAL, Chairman Councilman Kemper made a motion that the report be accepted. Councilman Bestle seconded the motion. Motion carried. ORDINANCE NO. 3844 AN ORDINANCE REDUCING CERTAIN ITEMS IN THE 1951 SOUTH BEND, INDIANA, MUNICIPAL CIVIL CITY BUDGET AND APPROPRIATING FROM THE GENERAL FUND OF SAID CITY THE SUM OF FIVE THOUSAND FIVE HUNDRED ($5,500.00) DOLLARS, TO CERTAIN OTHER BUDGETARY ITEMS OF THE 1951 BUDGET OF SAID CITY, AND DECLARING AN EXTRAORDINARY EMERGENCY. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE NO. 3845 AN ORDINANCE APPROVING CONTRACTS DATED SEPTEMBER 17TH, 1951, BETWEEN THE CITY OF SOUTH BE11TD, INDIANA, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY, AND SHEEHAN TIRE SERVICE, INC. AND ENGLEWOOD ELECTRICAL SUPPLY COMPANY. The ordinance was given first reading by title and second reading in full. Councilman Tellson made a motion for suspension of rules. Councilman Muszynski seconde4.,the motion. Motion carried by a roll call vote of 8 ayes - 0 nays. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Lot on the north side of Lincolnway East at Caroline St.) The ordinance was given third reading and lost by a roll call vote of 0 ayes - 8 nays. NEW BUSINESS Councilman Tellson made a motion that President Niezgodski appoint a special committee to promote the widening of Western Avenue, East of Michigan Street to Lincolnway East. Councilman Glass seconded the motion. Motion carried. President Niezgodski asked and received the indulgence of the Council in delaying naming-the committee until the next Council meeting on October 8th. There being no further business before the Council, Councilman Kemper made a motion to adjourn, which motion was seconded by Councilman Erler. Motion carried, and Council adjourned at 9:20 P.M. ATTEST: CLERK APPROVED: PRESIDENT