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REGULAR MEETING
<br />REGULAR MEETING - RECONVENED (CONTINUED)
<br />Indiana (Chapter 40, Municipal Code) - 3027 McKinley Avenue, respectfully report that
<br />they have examined the matter and.that in their opinion they recommend the Council act
<br />unfavorably on the above ordinance.
<br />s/ Peter J. Nemeth
<br />Chairman
<br />Council President Nemeth indicated that the Council would take action on the ordinance in the
<br />second reading portion of the meeting.
<br />REPORT FROM AREA PLAN COMMISSION (408 South 30th Street)
<br />The Honorable Common Council
<br />City of South Bend
<br />County -City Building
<br />South Bend, Indiana
<br />July 18, 1973
<br />In Re: A proposed ordinance and site development plan of Walter W. Landis, D.O.,
<br />et al, to zone from "A" Residential to "B" Residential, property located
<br />at 408 South 30th Street, City of South Bend.
<br />Gentlemen:
<br />The attached rezoning petition of Walter W. Landis, D.O., et al, was legally
<br />advertised July 7, 1973, and July 14, 1973. The Area Plan Commission gave it a public
<br />hearing July 17, 1973, at which time the following action was taken:
<br />"Roger Parent moved the petition be unfavorably recommended to the
<br />Common Council as he felt cities should carefully conserve the integrity
<br />of residential neighborhood and use strong means to preserve and protect
<br />them. His motion was seconded by Elmer Mitchell and carried. The petition
<br />of Walter W. Landis to zone from "A" Residential to "B" Residential is
<br />unfavorably recommended to the Common Council by the Area Plan Commission."
<br />The deliberations of the Area Plan Commission and points considered in arriving
<br />at the above decision are shown in excerpts of the minutes and will be forwarded to you
<br />at a later date to be made a part of this report.
<br />RSJ /ch
<br />attach.
<br />Very truly yours,
<br />s/ Richard S. Johnson
<br />Executive Director
<br />Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on
<br />August 13, 1973, seconded by Councilman Miller. The motion carried.
<br />RT FROM THE DIRECTOR OF THE DEPARTMENT OF LAW
<br />Mr. Thomas Connaughton, Deputy City Attorney, spoke about the enforcement of city ordinances. He
<br />indicated that prosecution is initiated by arrest or city ordinance. Upon arrest, the report is
<br />sent to the attorney's office and the individual is arraigned before a judge. At that time, if the
<br />individual pleads guilty, the fine is paid. If the individual pleads not guilty, the matter is set
<br />for trial. Mr. Connaughton indicated that most of the complaints by citizens had to do with noises
<br />such as barking dogs. He indicated that, when that is the case, a letter is sent to the owner of
<br />the dog notifying him of the complaint and instructing him to take care of the problem. Regarding
<br />the parking program, Mr. Connaughton explained that this involved a more vigorous enforcement pro-
<br />gram which has recently been initiated. This program is being handled through the City Clerk's
<br />Office and involves a system set up for citizens who receive a summons to settle out of court when
<br />a parking violation occurs. Regarding the trash collection, Mr. Connaughton indicated that the
<br />Departments of Law, Safety and Public Works are involved in various aspects. In the Safety
<br />Department, there is an environmental control officer who checks out the complaint and takes a
<br />picture of the area. The owner and address is determined and a letter is sent which states that thi
<br />matter must be rectified within 48 hours or the owner will be subject to prosecution. A second
<br />inspection is made of the premises about five days later. If the matter is not cleared up, it is
<br />referred to the Department of Law and Department of Public Works. Council President Nemeth thanked
<br />Mr. Connaughton for his presentation.
<br />ITION (AMENDED) TO REZONE PROPERTY (4134 Lincolnway West)
<br />We, the undersigned, do hereby respectfully make application and petition the
<br />Common Council of the City of South Bend to amend the Zoning Ordinance of the City of
<br />South Bend as hereinafter requested, and in support of this application, the following
<br />facts are shown:
<br />1. The property sought to be rezoned is located at 4134 Lincolnway West, South
<br />Bend, Indiana.
<br />2. The property is owned by Eugene J. McGarvey, Jr. and Keith E. Vial.
<br />3. A legal description of the property is as follows:
<br />Part of the Southeast Quarter (1/4) of the Southwest Quarter (1/4)
<br />of Section Thirty -three (33), Township Thirty -eight (38) North,
<br />Range Two (2) East, described as beginning at a point Five Hundred
<br />Ninety -seven and Three Tenths (597.3) feet West of the Southeast
<br />corner of the Southwest Quarter of Section Thirty -three (33),
<br />Township and Range aforesaid, thence West Four Hundred Seventy -two
<br />and Two Tenths (472.2) feet; thence North Five Hundred Twenty -nine
<br />and Nine Tenths (529.9) feet to the South line of Lincoln Way West
<br />or U.S. Highway 20, said line being the South line of a One Hundred
<br />(100) foot right -of -way; thence South Sixty -eight (68) degrees,
<br />Thirty (30) minutes East along said South line a distance of Three
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