12/31/85 Board of Public Works Minutes

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REGULAR MEETING DECEMBER 31, 1985 The regular meeting of the Board of Public Works was convened at 9:34 a.m. on Tuesday, December 31, 1985, by President John E. Leszczynski, with Mr. Leszczynski and Ms. Katherine G. Barnard present. Board member Michael L. Vance was not in attendance. Also present was Assistant City Attorney Marva J. Leonard. AGENDA ITEM STRICKEN Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, approval of Community Development Contracts and Addendum was stricken from the agenda. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski, and carried, the minutes of the December 17, 1985, regular meeting of the Board were approved. PUBLIC HEARING AND APPROVAL OF PETITION FOR DISANNEXATION Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on the Petition for Disannexation submitted to the Board on October 14, 1985 by Warren E. McGill, Counsel for Petitioner, Barnes & Thornburg, 600 1st Source Bank Center, South Bend, Indiana, on behalf of Indiana Franklin Realty, Inc., by Mr. R.C. Menge, Vice -President. Mr. Leszczynski further advised that this disannexation is requested due to the Petitioner's failure to secure the appropriate rezoning required in order to proceed with the building of a new garden apartment complex. It was noted that the real estate involved in the disannexation is approximately 36.07 acres located in Penn Township as follows: A parcel of land located in the SW 1/4 of Section 20, T 37N, R 3E, St. Joseph County, Indiana, more particularly described as follows: Beginning at the SE corner of the SW 1/4 of Section 20, T 37N, R 3E of the Second Principal Meridian; thence S 89°37'07"W along the present city limits a distance of 1200.00 feet; thence N 00104'28"E along the present city limits a distance of 899.16 feet; thence East along the present city limits a distance of 61.31 feet; thence North along the present city limits a distance of 435.60 feet; thence East along the present city limits a distance of 1140.38 feet; thence S 00°04'28"W a distance of 1326.77 feet to the Point of Beginning, containing 36.07 acres more or less. Mr. Warren E. McGill, Attorney at Law, was present on behalf of his client and Petitioner, Indiana Franklin Realty, Inc. Mr. McGill reiterated that the reason for the disannexation is obvious in that the required rezoning which was necessary in order to build the garden apartment complex was denied by the Board of Zoning Appeals. Therefore, as it is impossible to go forward with the garden apartment complex which had been proposed the developer has abandoned the plans for the project and has no intention to use the land in the near future for any particular project. He therefore requested that the Board approve the Petition for Disannexation as submitted. There being no one else present wishing to speak either for or against the Petition for Disannexation, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried and Public Hearing on this matter was closed. Further, upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, the Petition for Disannexation was approved.