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HomeMy WebLinkAbout02-28-66 Council Meeting Minutes31 G REGULAR MEETING FEBRUARY 28 1966 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of City Hall, in Regular Session, on Monday, February 28, 1966 at 9:25 P.M. All members were present, except Councilman Wise. The meeting was called to order by President John L. Hunter,Jr'.,,: who presided. ROLL CALL PRESENT: Councilman Hunter, Allen, Palmer, Geib, Szymkowiak Laven, Smith and Muszynski ABSENT: Councilman Wise REPORT OF COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your Committee on the inspection and supervision 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. Meeting of February 14, 1966 f The report was accepted unanimously and placed on file. 60MMUNICATION /s/ John L. Hunter, Jr. /s/ Janet S. Allen /s/ Albert E. Palmer REQUEST TO WITHDRAW PORTION OF JOINT REZONING PETITION We, the undersigned, do hereby respectfully request the Area Plan Commission to withdraw the 3511 McKinley Avenue portion of rezoning petition of joint rezoning petition of Robert M. and Dorothy Jones and Thomas and Lee Etta E. Dranginis. A legal description of affected property is as follows: Part of Southeast Quarter of Section 5, Township 37 N, R 3 E, Beginning at a point of the South Line of said Section (being the center line of right of way for McKinley Avenue), 688.25' West of the Southeast corner of said section; thence North a distance of 7261; thence West 150'; thence South 726'; thence East 150' to the place of beginning. /s/ Thomas Dranginis /s/ Lee Etta E. Dranginis Councilman Ge$ba made a motion that the communication be di:feeted to the Area Plan Commission. Councilman Szymkowiak seconded the motion. Motion carried. COMMUNICATION WITHDRAWAL OF PETITION TO AMEND ZONING ORDINANCE To: The Common Council of the City of South Bend We hereby respectfully withdraw the petition heretofore submitted by us, to -wit on the 24th day of January, 1966, requesting the amendment of the zoning ordinances of the City of South Bend as the same applied to a tract of real estate owned by us in the Southeast quarter of Section 5, Township 37 North, Range 3 East, generally described as follows: Beginning at a point on the North boundary of the right -of -way of U.S. 20, McKinley Highway, which point is located 300 feet from the East line of McKinley Terrace Addition; thence North a distance of approximately 680 feet; thence East a distance of 75 feet; thence South a distance of approximately 680 feet to the North line of U.S. 20, McKinley Highway; thence west a distance of 75 feet to the place of beginning. /s/ R. M. Jones /s/ Mrs. Robert M. Jones Councilman Geib made a motion that the communication be directed to the Area Plan Commission. Councilman Smith seconded the motion. Motion carried. REGULAR MEETING FEBRUARY 28_,_ 1966 PETITION PETITION FOR ANNEXATION OF REAL ESTATE 40 Acre Tract, Centre Township East Side York Road, Quarter Mile South of Jackson Road South Bend, Indiana February 21,. 1966 To the Honorable Common Council of the City of South Bend, Indiana: Gentlemen: li Crest Manor Development Corporation respectfully represents and alleges: 1. Petitioner is the owner in fee simple of a tract of land comprising nearly 40 acres in the North East Quarter of Section 31, Township 37 North, Range 3 East in Centre Township, St. Joseph County, Indiana, which tract of land is situated approximately one - quarter of a mile South of Jackson Road and 165 feet East of York Road as the same will be extended sTouthward from Jackson Road, and which said tract is more particularly described as follows: A part of the North East quarter of Section 31, Township 37 North, Range 3 East, more particularly described as follows: Commencing at the Northwest corner of the North East quarter of said Section 31, Township 37'Nortb,Range 3 East; thence South 00 degreeq,20 ' 30" East, 1237.25 feet, along the West line of the North East quarter of said Section 31, said line also being the center line of York Road, to the point of beginning; thence South 000 18' 35" East 1434.95 feet, along said centerline of York Road; thence North 890120 "39" East, 1318.91 feet; thence North 00022124" West 1418.47 feet; thence South 89055'40" West, 1317.30 feet to the point of beginning, containing approximately 43 acres, excepting therefrom that portion already annexed to the City of South Bend. 2. Petitioner desires that said territory, being contiguous to present southeasterly city limits of the City of South Bend, be annexed to and constitute thereafter a part of the City of South Bend, Indiana. WHEREFORE, petitioner respectfully prays and requests: 1. That the Common Council refer this petition to the Area Plan Commission for its consideration. 2. That upon favorable recommendation by the Area Plan Commission this Common Council adopt an appropriate form of ordinance for the annexation of said described territory to the City of South Bend, Indiana. JONES, OBENCHAIN, JOHNSON, FORD & PANKOW I�Attorneys for Petitioner By /s /G. Burt Ford CONSENT OF PORTAGE REALTY CORPORATION Portage Realty Corporation, contemplating that it will acquire title in the very near future to the above described real estate from Crest Manor Development Corporation, hereby joins is in the above petition for annexation of real estate indicating its consent to the annexation of said real estate. PORTAGE REALTY CORPORATION By /s/ Earl L. Rime Executive Vice President Councilman Geib made a motion that the petition be directed to the Area Plan Commission. Councilman Laven seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Comihittee of the Whole, to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 OF THE CITY OF SOUTH BEND, INDIANA (Ldcation, 'Southea9t Corner of McKinley Avenue and'..Eddy'Strect'.) `. Respectfully report that they have examined the matter and that in their opinion public hearing on this ordinance be continued on March 14, 1966. /s/ Edwin Thomas Smith, Chairman The report was unanimously accepted as read. REGULAR MEETING 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 ARTICLE I, SECTION 19 -6, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, THE SAME PERTAINING TO HOTELS, LODGING HOUSES AND ROOMING HOUSES AND THE RIGHT OF THE ENTRY OF INSPECTORS ". Respectfully report that they have examined the matter and that in their opinion the ordinance go to the Council as favorable. Js/ Edwin Thomas Smith, Chairman The report was unanimously accepted and placed on file. 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 TO REPEAL ORDINANCE NO. 4803 -65 (Southeast Annexation) ". Respectfully report that they have examined the matter and that in their opinion the ordinance go to the Council as favorable. The Report was unanimously accepted and placed on file. /s/ Edwin Thomas Smith, Chairman 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 REPEALING CHAPTER 36 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, RELATING TO TAXICABS AND OTHER VEHICLES: AND ENACTING AN ORDINANCE REGULATING TAXICABS AND OTHER VEHICLES: LICENSING TAXICABS AND TAXICAB DRIVERS: PROVIDING FOR TAXICAB STANDS ON THE PUBLIC STREETS: PROVIDING PENALTIES FOR THE VIOLATION THEREOF." Respectfully report that they have examined the matter and that in their opinion the ordinance be sent to the Ordinance Committee. /s/ Edwin Thomas Smith, Chairman The Report was unanimously accepted and placed on file. REPORT OF COMMITTEE ON ANNEXATION To the Common Council of the City of South Bend: Your Committee on Annexation to whom was referred "ANNEXATION OF 105.6 ACRES OF LAND IN THE.NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 37, NORTH, RANGE 3 EAST." Respectfully report that they have examined the matter and that in their opinion the following legal description should be forwarded to the Area Planning Commission for hearings and proceedings according to law in order to annex said 105.6 acresof land to the city: /sJ Richard G. Geib, Chairman The Report was referred to the Area Plan Commission for their recommendation. REPORT OF AREA PLAN COMMISSION February 21, 1966 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of Martha Knuckman was legally advertised under date of February 5, 1966 and given public hearing on February 15, 1966. The following action was taken: After due consideration it was moved by Mr. Helvie, seconded by Mr. Lehman that, since the proposed use of the parcel is compatible with studies carried out recently for the area including an adopted land use plan the petition be recommended favorably to the Common Council. Motion unanimously carried. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the excerpts of the minutes attached hereto and made a part of this report. Very truly yours, /s/ John K. Wilson Executive Director - Secretary The report was accepted as read. xEGULAK MEETING FEBRUARY 28, 1966 REPORT OF AREA PLAN COMMISSION February 21, 1966 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached ordinance amending the Municipal Code of the City of South Bend, Indiana, 1962, as amended, also known as Ordinance No.'4563, the Subdivision Ordinance of the City of South Bend, Indiana was legally advertised under date of February 5, 1966 and given public hearing on February 15, 1966. The following action was taken: After due consideration it was moved by Mr. Helvie, seconded by Mr. Lehman and unanimously carried that the ordinance be adopted and recommended favorably to the Common Council for their adoption. I. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the excerpts of the minutes attached hereto and made a part of this report. ". Very truly yours, /s/ John K. Wilson Executive Director - Secretary The report was accepted as read. ORDINANCES, THIRD READING ORDINANCE NO. 4834 -66 AN ORDINANCE AMENDING ARTICLE I, SEdTION 19 -6, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, THE SAME PERTAINING TO HOTELS, LODGING HOUSES AND ROOMING HOUSES AND THE RIGHT OF THE ENTRY OF INSPECTORS. The ordinance was given third reading and passed by a roll call =.vote of 7 ayes, (Councilmen Hunter, Allen, Palmer, Szymkowiak, Laven, Smith and Muszynski, 1 nay, (Councilman Geib) 1 absent,(Councilman Wise). ORDINANCE NO. 4835 -66 AN ORDINANCE TO REPEAL ORDINANCE NO. 4803 -65 (Southeast Annexation) The ordinance was given third reading and passed by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Geib, Szymkowiak, Laven, Smith and Muszynski) 0 nays, 1 absent (Councilman Wise). I ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Location: 3617 E. McKinley Ave.) Geib The ordinance was given first reading by title and second reading in full. Councilman /made a motion that the ordinance be set for public hearing on March 14, 1966. Councilman Smith seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING I ORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED, ALSO KNOWN AS ORDINANCE NO. 4563, THE SUBDIVISION I ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. The ordinance was given first reading by title and second reading in full. Councilman Smith made a motion that the ordinance be set for public hearing on March 14, 1966. Councilman Szymkowiak seconded the motion. Motion carried. There being no further business before the Council, Councilman Geib made a motion that the meeting be adjourned. Councilman Muszynski seconded the motion. Motion carried and Counci.l.-adjourned at 9 :55 P.M. ATTEST: APPROVED: C K PRESIDE