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Home My WebLink About08-08-49 Council Meeting MinutesREGULAR MEETING AUGUST 8TH, 1949 Be it-, remembered that the Common Council of the City of South Bend,, Indiana, met in regular session in the Council Chamber, August 8th, 1949, at 7 :12 P•M. Central Standard Time with all members present except Councilman Kemper. President Erler presided at the meeting. Councilman Tsllson• made a motion to suspend the reading of the minutes of the previous meeting. Councilman Beetle seconded the motion. Motion carried. PETITION STATE OF INDIANA ) SS PETITION FOR REZONING ST. JOSEPH COUNTY ) To the City Plan Commission of the City of South Bend: 'The undersigned, Clarence A. Hertel and Leo Stebne r, hereby petition for the change of zoning classification of the following described real estate situated in the City of South Bend, St. Joseph County, State of Indiana, to -wits A part of Out Lot Numbered Fourteen (14) as shown on the recorded Plat of Samuel L. Cottrell's First Addition to the Town of Lowell, now within and a part of the City of South Bend, bounded by a line running as follows, viz: Beginning at the South Nest corner of said Lot, thence running North on the Nest line thereof Twelve (12) rods, or One Hundred Ninety -eight (198) feet; thence East Ten (10) rods, or One Hundred Sixty -five (165) feet; thence South One Hundred Ninety -eight (198) feet to the South line of said lot, which is the North line of mast Colfax Avenue in said City; thence Nest on said line One Hundred Sixty -five (165) feet to the place of beginning, n x from "B" Use Distt4ot and Height and Area District, to "C" Use District and "D" Height and Area District, and in support of said petition respectfully shorn to`your•Honorable Body that they are the owners in fee sin of said above described real estate; that said lot is situated at the northeast corner of Fast Colfax Avenue and North Notre Dame Avenue; that said lot is not improved at this time and that the real estate on East Colfax Avenue in the block immediately west of said property is zoned commercial; that many of the lots in the vicinity of the subject real estate are now used for commercial purposes* Dated this 28th day of July, 1949• STATE OF INDIANA ) SS ST. JOSEPH COUNTY ) (Signed) CLARENCE A. HERTEL LSO STERNER By Paul M• Butler, Their Attorney PAUL M♦ BUTLER, being duly sworn, upon oath deposes and says:_ That he is the attorney for the petitioners herein and that he is authorized to execute this petition for and on behalf of said petitioners and to submit the same to the City Plan Commission of the City of South Bend; that the facts contained in 'said petition are true and correct:. (Signed) PAUL M. BUTLER Subscribed and sworn to before me this.28th day of July, 1949. ISABELLE M. BAUERLEIN, Notary Public My commission expires November 5, 1949. Councilman Tellson made a motion that the petition be referred to the City Plan Commission. Councilman Beetle seconded the motion. Motion carried. PETS.., ITI..ON City Council South Bend, Indiana AUGUST August 5, 1949 1949 571 I hereby respectfully request the rezoning of the below described property in the City of South Bend from its present "B" residential and "A" height and area to "C" commercial and "D" height and area. Lot #41 as shown on the recorded plat of Raley Second Lincoln Highway Addition to the City of South Bend.. The purpose of this request is to enable me to build a service station with an apartment above it. This building-will cost in the neighborhood of $35,000.00 and will be an attractive addition to the city* thank you for your earnest consideration of this petition, I remain Vory truly yours, (Signed) R. D. MOORE, Owner State of Indiana County of St. Joseph Subscribed and sworn to before me this 5th day of August, 1949. (Signed) IRENE G. MOORE, Notary Public. My commission-expires October 8, 1952. Councilman Niezgodski made a motion that the petition be referred to the City Plan Commission. Councilman Glass seconded the motion. Motion carried. REPORT OF TER COMMITTEE OF THE WHOLE To-the Common Council of the City of South Bendx August 8, 1949 Your Committee of the Whole to whom was referred "An Ordinance reducing the following items in the 1949 South Bend, Indiana, Municipal Civil City Budget: Sewer Department Account No. J -252, Repairs of Sewer Replacement #5,000900, Account No. J -724, Motor Equipment, J2,SWXO, Account No. J -726, Other Equipment $750.00; and appropriating the sum of $8,250.00 From the General Fund of the City of South Bend, Indiana, to the following 1949 budget items: Street Department, Account No. S -451, Parts of Equipment $3,250.00; and to Dog Pound Account No., K- 726, Other Equipment and Structures, X5;000.00; also transferring the sum of $7,500.00 from Account No. 5 -43, Street and Alley, Street Department to Account No. S -331, Gasoline, Street Department, and also transferring the suet of $2,500.00 from Account No. S -724, Motor Equipment, and the., sun of $750.00 from Account No. S -726, Other Equipment, Street Department to Account No. S -451, Parts of Equipment, Street Department, and .declaring an extraordinary emergency. Respectfully report that they have examined the matter and that in their opinion this ordinance should go to the Council as favorable. STANLEY C. KOVAL, Chairman Councilman Niezgodski made a motion that the report be accepted. Councilman Muezynski seconded the motion Motion carried. RPORT OF COMMITTEE ON MINUTES To the Common Council of the City .of South Bends: August 8, 1949 Your Committee on the inspection and supervision of the minutes, wou ld.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. July 25,. 1949 WLTER C. FRLER ALBERT Be TELLSON } Committee STANLEY C. , KOWAL } Councilman Niezgodskki made a motion that the report be accepted. Councilman Nuszynski seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend Gentlemen: .August 8, 1949 At their regular meeting ,August 4th, 1949 the City Plan Commission considered the zoning of territory annexed to the City by Ordinance No. 3654 and their recommendation is as follows: That Sections 1, 2, 3 and 4 of Selleville Unit "A" .Addition be zoned "A" residence district and "A" height and area district-. That Section 5 of Belleville Unit "A" Addition and sections 6 and 7 of Belleville Unit "B" Addition be zoned "B" residence district and "B" height and area district. That Section 8 of Belleville Unit "B" Addition be zoned "C" commercial district and "E" height and area district. CITY PLAN COMMISSION D. Noomaw, Sooty. Councilman Niezgodski made a motion that the report be accepted. Councilman Glass seconded the motion. Motion carried. 572 REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: August 8, 1949 AUGUST 8TH, 1949 The City Plan Commission bas considered the petition for change of zoning of Lots No* 1, 29 3, 4 and 5 in Mayes LaPorte Ave. Addition, and this change is not recommended* These lots are in the acute angle at the junction of LaPorte Ave. and Wilber St. CITY PLAN COMMISSION D. Moomaw, Seely. Councilman Niezgodski made a motion that the report be accepted. Councilman Bestle seconded the motion. Motion carried. REPORT OF THE CITY C(XTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE MONTH OF JULY, 1949. Balance on hand first of month . . . . . . . . . 2,3450403.04 Receipts airing month ... ,. • 10231,382.87 Disbursements •••• 554,631,07 Balance July 31, 1949 .. . 3,012,169484 Councilman Korpal wade a motion that the report be accepted. Councilman Niezgodski seconded the motion. Motion carried. ORDINANCE NO. 3713 AN ORDINANCE REDUCING THE FOLLOWING ITEMS IN THE 1949 SOUTH BEND, INDIANA, MUNICIPAL CIVIL CITY BUDGET: SEATER DEPARTMENT ACCOUNT N0. J -252, REPAIRS OF SEWn REPLACEMENT $5,000.O0, ACCOUNT NO. J-724# MOTOR EQUIPMENT $2,500.00, ACCOUNT NO. J -726, OTHER EQUIPMENT $750.00; AND APPROPRIATING THE SUM OF $8,250.00 FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA, TO THE FOLLOWING 1949 BUDGET ITEMSs STREET DEPARTMENT, ACCOUNT NO. 5 -451, PARTS OF EQUIPMENT $3,250.00; AM TO DOG POUND ACCOUNT NO• H -726, OTHER EQUIPMENT AND STRUCTURES $5,00040; ALSO TRANSFERRING THE SUM OF $7,500.00 FROM ACCOUNT NO. 5 -43, STREET AND ALLEY, STREET DEPART- MENT TO ACCOUNT NO. 5 -331, GASOLINE, STRnT DEPARTMENT, AND ALSO TRANSFERRING THE SUM OF $2,500.00 FROM ACCOUNT NO. 5 -7240 MOTOR EQUIPMENT, AND THE SUM OF $75O.00 FROM ACCOUNT NO. 5 -726, OTHER EQUIPMENT, STREET DEPARTMENT TO ACCOUNT N4. 5 -451, PARTS OF EQUIPMENT, STREET DEPARTMENT, AND DECLARING AN EXTRAORDINARY EMERGENCY.- The ordinance was given third reading and passed by a roll call vote of 7 ayes - 0 nays - 1 absent (Kemper). ORDINANCE AN ORDINANCE SUPPLEMENTING ORDINANCE N0, 3702 ADOPTED JUNE 13, 1949, AND COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND. The ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a motion that the ordinance be referred to the Committee of the 'Whole on August 22nd. Councilman Muszynski seconded the motion* Motion carried. There being no further business, Councilman Tellson made a motion to adjourn* Council Niezgodski seconded the motion. Motion carried, and Council adjourned at 7 :35 P.M. Central Standard Time. ATTEST: APPROVEDs _;5i) 4Z�L2L ��-c- PISSIDENT