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Home My WebLink About12-13-65 Council Meeting Minutes'09 RFrUL.E�iR STING DEC E 9-65 a Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers at City Hall, on Monday,'December 13, 1965 at 9:01 P.M., with all members present. The meeting was called to order by President John L. Hunter, Jr., who presided. ROLL CALL PRESENT: Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski, REPORT OF COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your Committee on the inspection and supervi0ion 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, /s/ John L. Hunter, Jr.) /s/ Janet S. Allen ) Committee /a/ Richard G. Geib ) Meeting-,of�-November 22, 1965 The report was accepted and placed on file. PETITION We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana to amend the zoning ordinance of The City of South Bend, Indiana as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located on the East side of Eddy Street between LaSalle and McKinley Streets, South Bend, including property at 322 N. Eddy Street, South Bend, Indiana. 2. The property is owned by Homestead Developers, Inc. - Lots 6, 7, 8 and 9 in Bullard's First Addition, Mrs, Lydia J. Johnson - property at 322 N. Eddy Street, South Bend, Indiana. Charles E. Bullard Company, Inc. - Lots 4 and 5 in Bullards First Addition. 3. A legal description of the property is as follows: Lots Four (4), Five (5), Six (6), Seven (7), Eight (8) and Nine (9) in Bullards First Addition; also A parcel of land in the City of South Bend, Indiana, bounded by a line running as follows, to -wit: Beginning at an iron pipe at the southeast corner of McKinley Avenue and Eddy Street in said City, °distant south 20 feet and east 20 feet from the northwest corner of Section 7, in Township 37 North, Range 3 East; thence running east with the south line of said McKinley Avenue a distance of 120 feet; thence South parallel with said Eddy Street a distance of 50 feet; thence west 120 feet to the east line of said Eddy Street; thence north 50 feet to the place of beginning, 4. It is desired and requested that the foregoing property be rezoned: From B Residence Use and B Height and Area District To C Commercial Use and B Height and Area District 5 It is proposed that the property will be put to the following use and the following building will be constructed Two stall gasoline service station will be constructed on Lots Seven (7), Eight (8) and Nine (9) in Bullards First Addition. 6. Ten off street parking spaces to be prov4ded 7. Atttached` is a copy of: a) the plot plan showing my property and other surrounding properties; b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned. HOMESTEAD DEVELOPERS, INC. By /s/ Joe Bullard, President Signature of Petitioners Sherland Bldg,, South Bend, Indiana CHARLES E. BULLARD COMPANY, INC. By John Bullard. President /s/ Sherland Bldg., South Bend, Indiana /.s/ Lydia J. Johnson 322 N. Eddy Street, South Bend, Indiana Hahn,Nafe and Fisher 231 S. Eddy St., South Bend, Indiana Attorneys for petitioners. Councilman Muszynski made a motion that the Petition be sent to the Area Plan Commission, Councilman Smith seconded the motion. Motion carried. 295 REGULAR MEETING MCF.MRFR 1 3 1965 REPORT OF COMMITTEE OF THE WHOLE Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND - SUPPLEMENTING ZONING ORDINANCE NO. 3702,AS HERETOFORE AMENDED AND SUPPLEMENTED" (Location: South side of Western Avenue between Lombardy and Gladstone). Respectfully report that they have examined the matter and that in their opinion, third reading on the Ordinance be delayed until January 10, 1966. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Smith seconded the motion. Motion carried. REPORT OF 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 MORE COMMONLY KNOWN AS THE HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES ORDINANCE" Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. as amended. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Smith seconded the motion. Motion carried. REPORT OF 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 AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA." (Off Street Parking). Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a.motion that the report be accepted and placed on file. Councilman Smith seconded the motion. Motion carried. REPORT OF 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 REGULATING THE SPEED OF TRAINS WITHIN THE MUNICIPAL CITY AND FORBIDDINU THE SOUNDING OF A RAILROAD LOCOMOTIVE WHISTLE OR RAILROAD LOCOMOTIVE HORN WITHIN THE MUNICIPAL CITY AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH" Respectfully report that they have examined the matter and that in their opinion The Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Smith seconded the motion. Motion carried, ORDINANCES, THIRD READING ORDINANCE NO. 4820 -65 AN ORDINANCE REPEALING CHAPTER 12 OF THE MUNICIPAL CODE OF TI)E CITY OF SOUTH BEND, INDIANA, 1962, BEING ORDINANCE'NO. 4091 RELATING TO FAIR EMPLOYMENT PRACTICES: AND ENACTING AN ORDINANCE PROVIDING FOR PROHIBITION OF DISCRIMINATION IN EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN OR ANCESTRY BY EMPLOYERS, EMPLOYMENT AGENCIES, LABOR ORGANIZATIONS AND OTHERS, AND FURTHER PROVIDING FOR THE CREATION OF THE SOUTH BEND HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES.COMMISSION PRESCRIBING ITS DUTIES AND POWERS AND PROVIDING PENALTIES. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays. !96 REGULAR MEETING DECEMBER 13, =, 1965 ORDINANCES, THIRD READING ORDINANCE NO. 4821 -65 AN ORDINANCE AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS "THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Off Street Parking) The Ordinance was given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE NO. 4822 -65 AN ORDINANCE REGULATING THE SPEED OF TRAINS WITHIN THE MUNICIPAL CITY AND FORBIDDING THE SOUNDING OF A RAILROAD LOCOMOTIVE WHISTLE OR RAILROAD LOCOMOTIVE HORN WITHIN THE MUNICIPAL CITY AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, and 0 nays. ORDINANCE, FIRST ANDI- -SECOND READING ORDINANCE NO. 4823 -65 AN ORDINANCE AUTHORIZING THE EXPENDITURE OF $38,579.82 BY THE WATER WORKS OF THE CITY OF SOUTH BEND FOR THE PURCHASE OF MOTORIZED VEHICLES AND EQUIPMENT DURING THE CALENDAR YEAR 1966. The ordinance was given first reading by title and second reading in full. Councilman Wise made a motion for suspension of rules, Councilman Laven seconded the motion. Motion carried by a roll call vote of 9 ayes and 0 nays, The ordinance was given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE, FIRST AND SECOND READING ORDINANCE NO. 4824 -65 AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A GIFT OF PROPERTY TO BE DONATED BY INDIANA & MICHIGAN ELECTRIC COMPANY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA. The ordinance was given first reading by title and second reading in full. Councilman Smith made a motion for suspension of rules. Councilman Szymkowiak seconded the motion. Motion carried by a roll call vote of 9 ayes and 0 nays. The ordinance was given third reading and passed by a roll call vote of 9 ayes and 0 nays. Councilman Smith expressed the city's indebtedness to Indiana and Michigan Electric Company for the gift of property. NEW BUSINESS President Hunter annonounced the dissolution of the Housing Committee, whose affairs are now covered by the new Fair Employment and Human Relations ordinance. Muszynski Councilman /stated that the protective gates at the Arnold St. crossing of the New York Central System are left down for excessive periods of time, when no trains are passing and that motorists endanger their lives by driving around the gates.. City Attorney, Robert J. Ducomb was directed to notify the railroad. Councilman Allen made a motion that a microphone anamplifier be placed on the clerks desk. Councilman Palmer seconded the motion. Motion carried. The clerk was instructed to notify the Board of Public Works and Safe Councilman Szymkowiak suggested that in addition to the microphone and amplifier, a speakers podium be added to the council chamber. President Hunter announced that in accordance with past custom, no meetings of the Common Council will be held during the Christmas holidays, thereby cancelling the meeting of December 27, 1965. There being no further business before the Council, Councilman Muszynski made a motion that the meeting be adj Councilman Smith seconded the motion. Motion carried, and Council adjourned at 9:24 P.M. ATTEST: gm APPROVED: e, IDENT .m