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REGULAR MEETING MAY 13, 1974
<br />COMMITTEE OF THE WHOLE MEETING (CONTINUED)
<br />ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING
<br />ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE
<br />MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
<br />INDIANA, FORMERLY REFERRED TO AS ZONING
<br />ORDINANCE NO. 3702 (bounded by Ironwood
<br />Drive and the Scottsdale Addition).
<br />This being the time heretofore set for public hearing on the above ordinance, proponents and
<br />opponents were given an opportunity to be heard. Mr. Joseph Roper, Attorney at Law, residing at
<br />107 North Eddy Street, made the presentation for the ordinance. He referred to an overlay of the
<br />property in question, indicating that Place.and Company, the petitioner and his client in the
<br />rezoning, was requesting a rezoning from "A -2" Planned Residential Development to "A" Residential.
<br />He explained that the 20.69 acre tract was bounded on the east by Ironwood Drive, on the north by
<br />the South Bend Water Works, and on the west and south by sections of the Scottsdale Addition. He
<br />stated that, about one and one -half years ago, the whole area was requested to be rezoned to the
<br />Planned Residential Development District; however, the area on the west end had been platted and
<br />multiple family dwellings had been constructed. He indicated that the buildings have not been a
<br />success. In order to put the land to the best possible use, it was being requested that the west
<br />area be zoned to "A" Residential.
<br />Councilman Szymkowiak asked how many homes would be built and when, and Mr. Roper indicated that,
<br />if the Council granted the rezoning, an official plot would be presented to the Area Plan Commissic
<br />immediately in order that the homes could be constructed.
<br />Councilman Taylor made a motion that the ordinance go to the Council as favorable, seconded by
<br />Councilman Serge. The motion carried.
<br />ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING
<br />ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE
<br />MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
<br />INDIANA, FORMERLY REFERRED TO AS ZONING
<br />ORDINANCE NO. 3702 (Linden Avenue).
<br />This being the time heretofore set for public hearing on the above ordinance, proponents and
<br />opponents were given an opportunity to be heard. Mr. Richard Johnson, Executive Director of the
<br />Area Plan Commission, made the presentation for the ordinance. He referred to an overlay of the
<br />area which was proposed to be rezoned as initiated by the Area Plan Commission. He stated that,
<br />about two months ago, a petition had been submitted to rezone certain properties within the area
<br />and the petitions were not acted upon favorably because it was thought it would be undesirable to
<br />have only two lots zoned residential in an industrial area. He indicated that the proposed ordin
<br />would unify the area to a residential use according to the land -use plan.
<br />Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by
<br />Councilman Kopczynski. The motion carried.
<br />ORDINANCE AN ORDINANCE GRANTING A RIGHT -OF -WAY TO
<br />CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD
<br />ALONG WESTMOOR STREET AND RATIFYING PER-
<br />MISSION TO LAY RAILROAD TRACKS ACROSS
<br />STREETS.
<br />This being the time heretofore set for public hearing on the above ordinance, proponents and
<br />opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department
<br />of Public Works, made the presentation for the ordinance. He requested that the Council amend the
<br />ordinance to change the word "right -of -way" to "easement" in the following places: in the first
<br />line of the title, in the fourth line of the third paragraph, and in the second line of Section I.
<br />Council President Nemeth made a motion to amend the ordinance as requested by Mr. Farrand, seconde
<br />by Councilman Taylor. Councilman Miller wondered about the problem of advertising the ordinance
<br />title if certain words in the title were changed, and Mr. James Roemer, City Attorney, felt there
<br />would be no legal problem. Councilman Szymkowiak asked if South Shore was in agreement to the
<br />easement and if the problems in that area regarding the tracks and traffic would be corrected. Mr
<br />Farrand stated that the ordinance refers to the portion of Westmoor Street (running east and west)
<br />along the north side of Bendix Drive. He indicated that the area had been a problem area for quit
<br />some time. The street is presently a 60 -foot plus street with the tracks down the middle. There
<br />are two lanes of traffic on both sides of the tracks. The city was approached by the railroad in
<br />order to coordinate efforts to improve the situation. It was suggested that it might be possible
<br />to relocate the tracks outside the streets. This would eliminate further maintenance problems
<br />and general problems of the street itself. The easement would be granted so that if the track was
<br />abandoned, there would be no problem. Mr. Farrand stated that, if the Council acted favorably on
<br />the proposed ordinance, he would have to come back before the Council for funds for the improvemen ,
<br />He concluded by indicating that this would be a definite asset to the city and the railroad.
<br />Councilman Horvath wondered who would remove the tracks, and Mr. Farrand indicated that the railro �
<br />would locate the new tracks. He stated that it has not been determined if the old tracks would be
<br />salvaged and who would remove them. The motion to amend the ordinance carried. Mr. Gene Evans,
<br />Executive Secretary of the Civic Planning Association, wondered ,about the problem of snow removal.
<br />Mr. Farrand stated that the city has no means of removing snow from the tracks; however, this wool
<br />be no different than any other situation where tracks cross city streets.
<br />Councilman Parent made a motion that the ordinance go to the Council as favorable, as amended,
<br />seconded by Councilman Szymkowiak. The motion carried.
<br />ORDINANCE AN ORDINANCE APPROPRIATING $31,500.00 FROM
<br />THE FEDERAL ASSISTANCE GRANT COMMONLY
<br />REFERRED TO AS GENERAL REVENUE SHARING, FOR
<br />VARIOUS PUBLIC PARKS PROGRAMS, TO BE ADMIN-
<br />ISTERED BY THE CITY OF SOUTH BEND THROUGH
<br />ITS DEPARTMENT OF PUBLIC PARKS.
<br />This being the time heretofore set for public hearing on the above ordinance, proponents and
<br />opponents were given an opportunity to be heard. Mr. Robert Goodrich, Director of the Public
<br />Recreation Department, made the presentation for the ordinance. He explained the various summer
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