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HomeMy WebLinkAbout10-09-67 Council Committee of the Whole Meeting Minutese93UrITTEE_OF THE WHOLE OCTOBER 9. 1967 COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Committee of the Whole in the Council Chambers of City Hall, on Monday, October 9, 1967, at 8 :00 Pa:M. , with all members present except Councilman Geib. The meeting was called to order by Chairman Edwin T. Smith, who presided. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Michigan between Donmoyer and Farneman) This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Speaking in favor of the Ordinance was James Nafe, Attorney for the petitioner. Councilman Hunter made a motion that the Ordinance go to the Council as favorable. Councilman Palmer seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ON THE 14th DAY OF JUNE, 1949, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Location: 3220 E. Jefferson) This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Speaking in favor of the Ordinance was Mr. Russell Fisher, Attorney for the petitioner, and Mr. Joseph L. Matthews, architect,,explained drawings of the proposed building for the site. Councilman Palmer made a motion that the Ordinance go to the Council as favorable. Councilman Laven seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND-SUPPiEMENTING ZONING ORDINANCE NO.: 3702 HERETOFORE AMENDED AND SUPPLEMENTED BY THE MUN- ICIPAL CODE OF;SOUTH:BEND ':INDIANA, CHAPTER `WI ET SEQ., AS' AMENDED AND SUPPLEMENTED`: AND ADOPTED BY, THE COMMON COUNCIL BY ORDINANCE NO. °_4608 -63 (Location Northwest_ Corner. of. B`endix . Dri.ve_ and Elwood Avenue) This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Speaking in favor of the Ordinance were Gerald Feeney and F. J. Nimtz, attorneys for the petitioners. The following communication was filed with the Clerk: COMMUNICATION October 5, 1967 The South Bend Common Council South Bend, Indiana In Re: Arthur Taelman and Edward V. O'Toole's Petition to rezone for use as lumberyard. Gentlemen: Mr. Arthur Taelman advised this writer that at a hearing before the Area Plan Commission, that representations were made that if the particular location requested to be rezoned for use as a lumber yard would be granted, that it would attract rats to the neighborhood. Please be advised that I have been in the lumber business for 18 years and can assure you that the type of lumber yard to be operated by Mr. Taelman and Mr. O'Toole would not, under any circumstances, lend itself to a nuisance where any rats or other rodents would be attracted. Years ago when the lumber industry used horse drawn conveyances for their delivery equipment, there was an attraction for rodents because of the droppings of the animals. This, of course, is past history with the advent of mechanical handling and delivery equipment. The species of lumber and the treated lumber has changed markedly in this market since the end of World War II. The lumber is now all kiln dried. The lumber in Mr. Taelman's yard is also treated. This treatment would also preclude any attraction for rodents. Also, the fact that he carries a high percentage of cedar and redwood lumber in his inventory would also further establish the fact that rodents would not be attracted. In the storage and handling of lumber today, the lumber is unitized and paper wrapped in packages. This, of course, adds to their already excellent housekeeping and storage of raw lumber products. The South Bend City Code also calls for fire treated lumber for many uses. This also is carried in stock by Mr. Taelman and Mr. O'Toole in their operation of Circle Lumber, Inc. and would further preclude any attractions to rodents. It is, therefore, my opinion that with the above stated facts, Mr. Taelman and his associates, in any of their lumber operations, would not operate so as to be attractive to any rats or rodents. Respectfully yours, /s/ Joseph F. Dillon, President NATIONAL BUILDING MATERIAL DISTRIBUTORS ASSOCIATION The Communication was accepted and placed on file. 48.9 WHOLE OCTOBER 9, 1967 Speaking against the Ordinance were: Edward N. Kalamaros, Attorney; who presented a petition bearing the signatures of 177 property owners who are not in favor of the the rezoning. Also speaking against the Ordinance were George Plake, 1508 W. Iowa St.; E. J. Martin, 1458 Iowa St; Joseph R. Meyers, 1512 N. Iowa and Ernest Goforth , 1504 N. Iowa St. Councilman Szymkowiak made a motion to recess. Councilman Allen seconded the motion. Motion carried, - Time :9:25P Reconvened 9:35. P.M. Councilman Hunter made a motion that the Ordinance be referred back to the Technical Committee of the Area Plan Commission for their recommendations concerning the railroad spur; and at the same time referred to the Capital Improvement Committee of the Council for consideration of the following points: 1. South Shore Railroad delivery of lumber. 2. Additional information on the status of FHA financing of houses in the area. 3. South Bend Code on treatment of stored lumber 4. South Bend Fire Code 5. Real Estate values 6. Possibility of rats and vermin in the lumber yard. Councilman Hunter further moved that recommendations from these committees be submitted to the Council prior to November 13, 1967; at which time public hearing on the Ordinance would be continued. Councilman Wise seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, ALSO KNOWN AS ORDINANCE NUMBER 3702, ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ON THE 14th DAY OF OCTOBER, 1963, AND KNOWN AS THE ZONING ORDINANCE IN THE CITY OF SOUTH BEND, (LaSalle Park Area) This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Councilman Allen made a motion that the Ordinance go to the'Council as favorable. Councilman Muszynski seconded the motion. Motion carried. There being no further business to come before the 'Committee,...), ..Councilman Palmer made _a motion -• to=r--ise and report to the Council. Councilman Wise seconded the motion. Motion carried. Time: 9:40 P.M. ATTEST: APPROVED: CHAIRMAN