Laserfiche WebLink
9 AR9PLAN COMMISSION <br />OF EPH COUNTY, IN <br />Room 1140 County -City Building <br />September 25, 1979 <br />The Honorable Common Council <br />City of South Bend <br />4th Floor, County -City Building <br />South Bend, IN 46601 <br />South Bend, Indiana 46601 <br />RICHARD S. JOHNSON <br />Executive Director <br />(219) 284 -9571 <br />RE: HOLLADAY REZONING PETITION, PROPERTY LOCATED ON THE NORTH SIDE OF <br />JEFFERSON BOULEVARD, BETWEEN GREENLAWN AND ESTHER STREET, CITY OF <br />SOUTH BEND. <br />Gentlemen: <br />The Area Plan Commission, at its regular meeting of September 18, 1979, <br />held a public hearing on the above noted petition but was unable to for- <br />ward a recommendation to the Common Council. <br />The Commission found itself in an unavoidable position. State law requires <br />that in order for a Commission to conduct business, nine members must be <br />present. In addition, for the Commission to take an official position, <br />nine members must concur in the action rather than a majority of those <br />present. Since there were only nine members present at the September 18 <br />meeting, any action required an unanimous vote. <br />On this rezoning petition, the motions and votes were as follows: <br />A motion for an unfavorable recommendation failed following an eight <br />for, one against vote. <br />A motion to table failed following a seven for, two against vote. <br />A motion for a favorable recommendation failed following a seven for, <br />two against vote. <br />A motion for no recommendation also failed, and, <br />An amended motion to table failed following an eight for, one against <br />vote. <br />Finally the Commission voted unanimously in favor of instructing its Executive <br />Director to forward a letter to the Common Council explaining the Commission's <br />predicament on the Holladay Corporation rezoning petition along with the <br />minutes of the meeting, which will follow at a later date. <br />Although this predicament could have happened with 16 members present, the <br />Commission can usually obtain nine votes for or against a motion with 12 <br />members present. Telephone calls prior to the meeting indicated that 12 members <br />would be present for the September 18 meeting. Only nine members, however, <br />were present at that meeting. <br />Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN <br />