11-12-74 Council Meeting Minutes

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ABSENT None. Councilman Kopczynski made 'a motion to resolve into the Committee of the Whole, seconded by Councilman Taylor. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Tuesday, November 12, 1974, at 7:04 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE ZONING A PARCEL OF LAND WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA (George F Burnett Company). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Richard Morgan, Attorney at Law practicing at 645 First Bank' Building, -made the presentation for the ordinance. He referred to the overhead projector outlining the area to be zoned, which property was recently annexed to the City of South Bend. He stated that it was necessary to zone the property in the industrial district in order to be consistent with the remainder of the Burnett Industrial Park. There were no comments or questions. Council President Nemeth made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) - northeast corner of Bendix Drive and Lathrop Street. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Richard Morgan, Attorney at Law practicing at 645 First Bank Building, made the presentation for the ordinance. He indicated that the owner and seller of the property was:Hartman Builders and the new owner and developer would be Indiana and Michigan Electric Company. He stated that the petition covered an area of approximately 46 -.1 acres located at the northeast corner of the intersection of Bendix Drive and Lathrop Street. The property was bordered on the west by the Airport Industrial Park, on the southwest by the Airport, on the south by the South Bend Sand and Gravel Company, on the east by Highland Cemetery and on the north by the residential subdivision known as Highland Estates. The petition sought to rezone the property from "A" Residential to "D" Light Industrial for the intended usage by I & M of a storage yard, offices and garage for the South Bend Division. Mr. Morgan indicated that the Area Plan Commission, on October 15, 1974, unanimously approved the rezoning and recommended the same favorably to the Council. He presented various photographs to the `Council members of the Benton Harbor Service Building, which would be the same as the building proposed to be constructed on the property in question. Certain photographs showed that a considerable amount of dumping was being done on the property and this would be stopped and cleaned up. In addition, the unimproved roadway going into the property which was used by trucks for dumping purposes would be barricaded by I & M. According to the site plan, approximately 20 acres of the total 46 acres would be left in its natural state and would be utilized as a buffer to the residences to the north. Mr. Morgan stated that the truck drivers of I & M would not enter the Highland Estates Subdivision except for service calls and that the residential streets would not be used. He stated that an agreement has been reached by the property owners and Mr. Tom Manak, the Real Estate Officer for I & M. Mr. Morgan indicated that a written remonstrance with 29 signatures had been received and, since that time, a Imeeting had been held with the residents and discussions had been had with the residents, the resul being that 21 of the 29 had withdrawn their names from the petition. He submitted the notices concerning the remonstrance whereby the residents had requested their names be removed to the City Clerk -as -a matter of record. He concluded by indicating that the proposed plan took into considera tion all the usual zoning problems, such as good landscaping and screening of parking and the hook- up to all public facilities. He felt the rezoning for I & M would be a necessary use for the community. Mr. Albert DeRoo, 2502 Summit Ridge Drive, indicated that he had been informed by Mr. Dunfee that the meeting would start at 7:30 p.m., and he asked that the Council allow his attorney to speak when he arrived at the meeting. He wondered how much property I & M owned throughout the city, and Mr. Manak indicated that it would probably be in the area of a couple thousand acres of land. Mr. DeRoo_ stated ; that he was against the rezoning and indicated that his property was only 125 feet REGULAR MEETING NOVEMBER 12, 1974 Be it remembered that the Common 'Council of the City of South Bend met in the Council Chambers of the County -City Building on Tuesday, November 12, 1974, at 7:03 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT None. Councilman Kopczynski made 'a motion to resolve into the Committee of the Whole, seconded by Councilman Taylor. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Tuesday, November 12, 1974, at 7:04 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE ZONING A PARCEL OF LAND WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA (George F Burnett Company). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Richard Morgan, Attorney at Law practicing at 645 First Bank' Building, -made the presentation for the ordinance. He referred to the overhead projector outlining the area to be zoned, which property was recently annexed to the City of South Bend. He stated that it was necessary to zone the property in the industrial district in order to be consistent with the remainder of the Burnett Industrial Park. There were no comments or questions. Council President Nemeth made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) - northeast corner of Bendix Drive and Lathrop Street. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Richard Morgan, Attorney at Law practicing at 645 First Bank Building, made the presentation for the ordinance. He indicated that the owner and seller of the property was:Hartman Builders and the new owner and developer would be Indiana and Michigan Electric Company. He stated that the petition covered an area of approximately 46 -.1 acres located at the northeast corner of the intersection of Bendix Drive and Lathrop Street. The property was bordered on the west by the Airport Industrial Park, on the southwest by the Airport, on the south by the South Bend Sand and Gravel Company, on the east by Highland Cemetery and on the north by the residential subdivision known as Highland Estates. The petition sought to rezone the property from "A" Residential to "D" Light Industrial for the intended usage by I & M of a storage yard, offices and garage for the South Bend Division. Mr. Morgan indicated that the Area Plan Commission, on October 15, 1974, unanimously approved the rezoning and recommended the same favorably to the Council. He presented various photographs to the `Council members of the Benton Harbor Service Building, which would be the same as the building proposed to be constructed on the property in question. Certain photographs showed that a considerable amount of dumping was being done on the property and this would be stopped and cleaned up. In addition, the unimproved roadway going into the property which was used by trucks for dumping purposes would be barricaded by I & M. According to the site plan, approximately 20 acres of the total 46 acres would be left in its natural state and would be utilized as a buffer to the residences to the north. Mr. Morgan stated that the truck drivers of I & M would not enter the Highland Estates Subdivision except for service calls and that the residential streets would not be used. He stated that an agreement has been reached by the property owners and Mr. Tom Manak, the Real Estate Officer for I & M. Mr. Morgan indicated that a written remonstrance with 29 signatures had been received and, since that time, a Imeeting had been held with the residents and discussions had been had with the residents, the resul being that 21 of the 29 had withdrawn their names from the petition. He submitted the notices concerning the remonstrance whereby the residents had requested their names be removed to the City Clerk -as -a matter of record. He concluded by indicating that the proposed plan took into considera tion all the usual zoning problems, such as good landscaping and screening of parking and the hook- up to all public facilities. He felt the rezoning for I & M would be a necessary use for the community. Mr. Albert DeRoo, 2502 Summit Ridge Drive, indicated that he had been informed by Mr. Dunfee that the meeting would start at 7:30 p.m., and he asked that the Council allow his attorney to speak when he arrived at the meeting. He wondered how much property I & M owned throughout the city, and Mr. Manak indicated that it would probably be in the area of a couple thousand acres of land. Mr. DeRoo_ stated ; that he was against the rezoning and indicated that his property was only 125 feet