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Home My WebLink About07-11-66 Council Meeting MinutesREGULAR MEETING JULY 11, 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, July 11, 1966 at 8 :51 P.M. All members were present except Councilman Geib. The meeting was called to order by President John L. Hunter, Jr., who presided. ROLL CALL PRESENT: Councilmen Hunter, Allen, Palmer, Wise, Szymkowiak, Laven, Smith and Muszynski ABSENT: Councilman Geib 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 examined the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. /sl John L. Hunter, Jr. /s/ Janet S. Allen /s/ Albert E. Palmer Meetirig:'::ofiJun.e_ 27;� ]:36fi ' There being no objections, the report was accepted as read and placed on file. 0 36 REGULAR MEETING JULY 11, 1966 COMMUNICATION: The Honorable Common Council City of South Bend, City Hall, South Bend, Indiana Gentlemen: Request is hereby respectfully made to the Honorable Common Council of the City of South Bend, Indiana, for permission to withdraw the petition filed May 10, 1966, by Gladys I. Batey, Lynndon E. Scheid, Slyvia Pence, Lottie Torzewski and John Torzewski to rezone the tract of land located south of Lincolnway East, west of Twyckenham Drive, east of Hildes Court, and north of the New York Central right of way in the City of South Bend, Indiana. Respectfully submitted, /s/ Russell H. Fisher Attorney for petitioners President Hunter asked Mr. Wilson, Executive Director - Secretary of the Area Plan Commission, if anything could be done to prevent withdrawal of petitions that have been unfavorably recommended by the Area Plan Commission. Mr. Wilson suggested that the matter be referred to the City Attorney. President Hunter instructed the City Attorney to investigate the matter and make a report at a later date. There being no objections, the communication was accepted as read 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 South of Lincolnway East; west of Twyckenham Drive; east of Hildes Court, and north of the East -West alleyway between Twyckenham Drive and Hildes Court in the City of South Bend, Indiana. 2. The property is owned by Gladys Batey, Lynndon Scheid, Sylvia Pence and Lottie Torzewski, being owners of all the below described real estate. 3. A legal description of the property is as follows: That part of the following described property being located south of Lincolnway East, an open and dedicated street in the City of South Bend, Indiana, said property being described as follows: to -wit: Beginning at a point on the South line of Lincolnway East in the City of South Bend, which point is 16 feet due East of the West line of Lot Lettered "A" as shown on the recorded plat of Kline's Addition to the City of South Bend; thence running South 110 feet; thence East 37 feet; thence North to the St. Joseph River; thence down stream with the St. Joseph River to a point due north of the place of beginning: thence South to the place of beginning, excepting therefrom a public highway known as Lincolnway East in said City and being Lot numbered 1 as shown on the unrecorded plat of Dell Hildebrand's Subdivision of said Lot Lettered "A "; together with the right to use a strip 16 feet in width next West of and adjoining the above tract. and Lots numbered Four (4) and Five (5) in Kline's Addition, a recorded plat in the City of South Bend, Indiana; and A part of the Leer Partition of Lot numbered Three (3) in the Central part of Section 18, Township 37 North, Range 3 East, reference being had to said Partition and the Plat of said Lot Number Three (3) in a trans - script thereof recorded in Deed Record 51, page 167 to 170 in the Recorder's Office of St. Joseph County, Indiana, described as beginning at a point on the West line of said Lot Number Three (3) 44' north of the intersection of the said west line of said Lot Number Three (3) with the center line of the present track of the Lake Shore & Michigan Southern Railway which crosses said Lot Number Three (3) a distance of 150' thence east 5313" to the Southwest corner of the Lot herein described and the commencement point for a survey thereof, thence due east 40', thence due north to the St. Joseph River, thence westerly down stream with said river. to a point due north of said last mentioned point for survey, thence due South to said commencement point for survey being a lot 40' wide in the northeast portion of a certain parcel of land heretofore conveyed by Fannie Kline and others to Eliza A. Childs dated May 26, 1886 and recorded June 8, 1886 in Deed Record 75 at pages 229 and 230 of the records in said county; excepting therefrom that part of the above described tract conveyed to Charles D. Hildebrand by Deed recorded in Deed Record 181 page 41 and more particularly described as commencing at a point 100' South of the Northeast corner of Lot Lettered "A" as shown on the recorded plat of Kline's Addition to the City of South Bend as recorded in Plat Book Number 8 at page 16 of the records of said county, thence due South 85.4', thence due west 40', thence north 94 ' thence easterly 40' more or less to the place of beginning: and Beginning at a point 100 feet south of the northeast corner of Lot "A ", as shown on Kline's Addition which is a Subdivision of partition Lot 3, of Samuel Leer Estate in Section 18, Township 37 North, Range 3 East, thence South 46.4 feet, thence west 77 feet, thence north 55 feet, thence east 37 feet, thence southeasterly 41 feet to the place of beginning, being Lot 3 in Del Hildebrand's Subdivision of Lot "A ". Subject to legal highways. (Continued) PETITION (Continued) 4. It is desired and requested that the foregoing property be rezoned: From: B Residential Use and A Height and Area District To: C Commercial Use and D 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: Three stall Shell Service Station 6. Number of off street parking spaces to be provided: Ten j 7. Attached is a copy of: a.) an existing 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; c.) site development plan. ii ! /s/ Lynndon E. Scheid - 1456 L.W.E. I'I /s/ Gladys I. Batey - 1456 L.W.E. /s/ Sylvia Pence - 1448 L.W.E. /s/ Lottie Torzewski - 1610 Hilde Court Russell H. Fisher, Attorney Councilman Allen made a motion that the Petition be sent 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 Committee of the Whole to whom was referred "AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE (Location: A tract of land 429 feet in depth located on Edison Rd, between Woodland and Meadowview)" 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 There being no objections, the report was 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 AUTHORIZING THE PURCHASE OF CERTAIN REAL ESTATE BY THE CITY OF SOUTH BEND, INDIANA: ". 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 There being no objections, the report was accepted and placed on file. REPORT OF AREA PLAN COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of Gladys Batey, et al, was legally advertised under date of May 28, and June 4 and given public hearing on June 7, 1966. The following action was taken: It was moved, seconded and unanimously carried that the ordinance and site development plan be recommended unfavorably to the Common Council since the site development plan does not cover the entire parcel covered in the petition and therefore the site development plan is not acceptable. 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 There being no objections, the report was accepted as read and placed on file. ;EGULAR -N REPORT OF AREA PLAN COMMISSION June 29, 1966 The Honorable Common Council City of South Bend, South Bend, Indiana Gentlemen: 11 The attached rezoning petition of Jerome Claeys was legally advertised under date of June 11, and 18 and given public hearing on June 21, 1966. The-following action was taken: After due consideration it was moved, seconded, and carried that the ordinance and site development plan be recommended unfavorably to the Common Council. 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 There being no objections, the report was accepted as read, and placed on file. ORDINANCES, THIRD READING ORDINANCE NO. 4868 -66 AN ORDINANCE AMENDING CHAPTER 40 OF ORDINANCE NO. 4608 -63 COMMONLY KNOWN AS THE MUNICIPAL CODE (Location: A tract of land 429 ft. in depth On Edison Road, between Woodland and Meadowview) Councilman Szymkowiak made a motion that the title of the Ordinance be amended to read as above, instead of as originally written, which read as follows: "AN ORDINANCE AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE ". Councilman Wise seconded the motion. Motion carried. The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Geib). ORDINANCE N0. 4869 -66 AN ORDINANCE AUTHORIZING THE PURCHASE OF CERTAIN REAL ESTATE BY THE CITY OF SOUTH BEND, INDIANA The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Geib). ORDINANCE, FIRST AND SECOND READING AN ORDINANCE FIXING .MAXIMUM.SALARIES.OF:APPOINTED OFFICERS AND EMPLOYEES OF.THE.CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1967 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 July 25, 1966. Councilman Palmer seconded the motion. ORDINANCE. FIRST AND SECOND READING AN ORDINANCE TO AMEND SECTION 11 OF ORDINANCE N0. 4838 -66 ENTITLED "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" 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 July 25, 1966. Councilman Palmer seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA. The Ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion that the Ordinance be set for public hearing on July 25 ,1966. Councilman Laven seconded the motion. Motion carried. NEW BUSINESS Councilman Laven commended the Sesquicentennial Committee and all those involved on an excellent job. At his suggestion, all the members of the Council agreed that a letter be sent to the Chairman of the Sesqui- eentennial Committee, Mr. Granville P. Ziegler,expressing the feelings of Mr. Laven and the rest of the Council. Councilman Smith requested that the City Attorney investigate the weed problem in the area from Miami to Ironwood , Councilman Smith also asked the City Attorney to see if weeds could be cleared from the New York Central System railroad on the near east side of the city. There being no further business, Councilman Smith made a motion to adjourn. Councilman Wise seconded the motion. Council adjourned at 9:15 P.M. ATTEST: ��c� ��.-~° = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = °