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Attorney Lamb Raps Aldermen For Snap Judgment Shown on Petition Of Bank to Develop Corner Tract
After Attorney James J. Lamb, of Lane & Waterman, appearing on behalf of the receiver for the American Commercial & Savings bank, criticized the council for showing what he termed snap judgment on the receiver's application for a permit to erect a filling station at Locust and Harrison streets, the committee of the whole of the council yesterday afternoon voted to postpone action on an adverse report from the street committee. The application was filed a month ago by L. A. Andrew, receiver. The bank owns the property at the southwest corner of Locust and Harrison streets. Agents of the receiver had arranged to dispose of the property for a fair price if it could be used for a gasoline service station. To permit such development of the tract and to aid in realizing more money for the bank funds, the receiver asked the council to issue the required permit. Objectors Were Heard At the last council meeting, a number of persons appeared before the aldermen to object to the granting of the permit. They claimed it would create a hazard for school children passing the corner. An accident fatal to some children at another service station some years ago was cited as an The street committee, of which Alderman Wolters, himself a filling station owner, is chairman, did not report at the last council meeting on the petition. Additional time was asked for consideration of the application and the protests. At yesterday's meeting Attorney Lamb was present. He said it was his understanding that a hearing was to be held on the application before the council took action. However, before Attorney Lamb could present his arguments in favor of the project, Alderman Wolters presented an adverse report from the committee and said he would ask its approval at the regular meeting tonight. Attorney Demands Hearing Objecting to this action, Attorney Lamb jumped to his feet and asked Mayor George C. Tank and the aldermen to explain why his client had not had an opportunity to be heard. Attorney Lamb said it was unfair to permit objectors to state their views, then continue the hearing and report unfavorably before concluding the hearing. "There was no hearing necessary," declared Mayor Tank "The petition was referred to the committee and now an adverse report is presented. There's nothing left for the council to do but accept or reject the report. "I don't think it's fair to use snap judgment like that," replied
Attorney Lamb. "We are here to be heard on the proposition, but it looks like there is nothing further to do if the committee has acted and is now recommending that the council deny the application."
Mayor Grants Time Mayor Tank then informed Attorney Lamb that if he wished to talk on behalf of the bank receiver, he might do so, and the council could do what it wished to do in the matter. Both Attorney Lamb and P. J. Beattie, real estate agent for the bank receiver, then expressed their views. They claimed that for the interests of the bank it was essential to dispose of the property at the best price obtainable, and that in its present condition the store building now situated there would not bring much on the market. Development as a filling station site would realize a greater sum for the bank, they claimed. They opposed the objections previously entered, by saying that service stations existed near other schools in the city without serious accidents having been caused. Alderman John Oakes, Republican member of the council, then presented a motion to hold the street committee report over until the first July meeting of the coun cil, and his motion was approved. Action on Other Petitions The committee of the whole of the council next approved reports of the street committee on two other petitions for filling stations. A. favorable report was received on a petition affecting property at Locust and Sturdevant street, and an adverse report on the application of the Priester Construction Co. for a station at 2609 Rockingham road. A favorable report was presented by the ordinance committee on the application to change zoning classification of property on the west side of Arlington avenue between Twenty-ninth and Thirtieth streets, to a B-residential district.
Three Votes Defeat Zoning The votes of three members of the council, Aldermen Baker, Oakes and Stark, were sufficient to defeat an attempt to grant a change in zoning on the property of Mrs Bertha McCammatt at Locust and Fillmore Lane, to permit erection of a gasoline filling station. Attorney Harold Hoersch, representing the owners, spoke in support of the petition. John H. Jebens, former city alderman and residing across the street from the site, spoke for the objectors. City Building Commissioner R. C. Graham said that protests had been received from 25 per cent of the property owners affected by proximity of the proposed commercial project. According to Mayor Tank, it was necessary to have a three-fourths vote of the council, six aldermen, to approve the zoning change when the stated percentage was noted in the ob-
The three aldermen previously mentioned, voted in favor of a motion to deny the zoning change, and they also voted against a proposal to approve it. Mayor Tank ruled that the other five aldermen could not carry the project and it was accordingly defeated. Take up Rate Reductions Practically the entire city council will have to consider in committee sessions, the petition filed last week by a group of west end citizens asking that the council do something to reduce telephone, water, gas and electric rates, and to have the Main street monument moved and traffic light posts eliminated. Mayor Tank referred the telephone rate request to the ordinance committee, the gas and light rate question to the light committee, water rate reduction to the water committee, the question of moving the monument to the street committee and the traffic post problem to the police committee. The mayor asked each committee on rate reductions to confer with the respective company officials. A report from the finance committee refusing payment of the damage claims of Ruchla Ekstien and Mrs Etta White, was approved.
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