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HomeMy WebLinkAbout08-23-76 Council Meeting MinutesREGULAR MEETING AUGUST 23, 1976 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, August 23, 1976, at 7:00 p.m., Council President Roger 0. Parent presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent. ABSENT: None At this time Mayor Peter J. Nemeth and Council President Roger O. Parent presented the Key to the City and Resolution declaring Dan Harrigan Day respectively, to Dan Harrigan, winner of an Olympic Bronze Medal at the 1976 Olympic Games. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by CouncLil Member Serge The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in Whole on Monday, August 23, 1976, at 7:05 p.m., with nine members present. presiding. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (4140 SOUTH MIAMI ST.) the Committee of the Chairman Frank Horva This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Edward Hardig, attorney for the petitioner, made the presentation for the ordinance. He indicated that all, they were interested in was to get the approval for the doctor to remain at this location by changing the zoning to "B ". He said they were not asking for a clinic, only that Dr..Kotoske be allowed to say in this location. He said they were not asking for extensive alterations to the building they only wanted to add eight parking spaces in the rear-of the building. He said they had petitions from people in the area with over four hundred and thirty signatures. He said the petition opposing this rezoning h twenty -four names, eleven within three hundred feet. He said the doctor's patients did not cause the traffic problem in the area, and in fact the doctor was willing to have the entire curb paint yellow around his home. He introducted Mr. Marty Kleva, landscape architect who discussed briefl coning regulations and then presented slides of the property surrounding Dr. Kotoske's home and other doctor's offices that are in residential neighborhoods. Council President Parent asked for a list of doctor's who have offices in residential neighborhoods. Mr. Hardig indicated that he could send him a list. Mr. Robert Taylor, Fifth District Councilman, indicated that this was a residential area and for Council to approve "B zoning on Miami would be an extremely dangerous precedent He indicated, that this should never have become a major issue before the Council, and that he had reacted to a complaint call within the neighborhood. He said there was confusion regarding the zoning ordi- nance and that some people in the neighborhood did not understand the fact that the doctor could not stay if the property remained "A Mrs. Jane Swan 2022 Swygart, indicated that she was interested in neighborhoods and the first step toward changing the complexion of a neighborhood was rezoning. She asked Mr. Brunner, City Attorney, if they were restricted to the site plan, and he indicated they were. She asked for examples of "B" zoning, and Mr. Brunner read the "B" classifications from the code book. Mr. Norman Ulrich, 4130 Miami, spoke against the rezoning. Mr.'R. DeHaan 4030 Miami, spoke in favor of the rezoning and indicated the doctor has been there eight years and no one has ever complained. Leah Hodges, spoke in favor of the rezoning. She said the neighborhood had not deteriorated in eight years and there was no reason it would now. ad :9 REGULAR MEETING AUGUST 23, 1976 REGULAR MEETING - RECONVENED Mr. Rick Bell, 1116 Byron, indicated it would be a financial burden for the doctor to relocate, however, easier for the doctor to relocate than for the neighbors to take a cut in the value of their homes. Mr. James Barcome, 4216 Miami, spoke against the rezoning. He indicated that the property valua- tions could go down if this rezoning is allowed. He indicated that the neighbors were afraid he would expand his operation. Dr. Scott Kiester, chief of staff, Osteopathic Hospital, encouraged the Council to act in a fair and just manner regarding this rezoning. Mr. Hardig indicated that Mr. Taylor might have a conflict of interest, regarding his wife's employment. Council President Parent raised a point of order, indicated Mrs. Taylor's work was irrelevant. Council Member Horvath indicated that the Council did not enforce zoning laws they passed them according to the way the Council felt they should be passed, and that the Council was simply rezoning this property. Council Member Kopczynski indicated that the zoning laws were very deficient. He indicated it was unfair to permit a doctor to start a practice in a house as long as he lives there. Now, all of a sudden we are going to disrupt the entire thing. He said he felt it only fair that Dr. Kotoske remain in that location and continue a practice that has been accepted for so many years by the residents. Council Member Kopczynski made a motion that this ordinance go to Council favorably, seconded by Council Member Szymkowiak. Council President Parent indicated he thought th Eproblem could be resolved by the doctor moving back into his office. He said when the doctor moved he automatically violated the law. He said the biggest job of the Council was to preserve neighborhoods. He said there was no way the Counci could vote in favor of the motion to rezone this property because of the danger to the neighborho Council Member Szymkowiak indicated that the doctor was willing to sign an agreement that if he moved the property would revert back to "A" residential. Council Member Serge asked to be allow to abstain from voting, due to a conflict of interest. Council President Parent made a motion t allow Council Member Serge to abstain, seconded by Council Member Miller. Council Member Kopczy indicated he thought an explanation should be given. Council President Parent asked the Council attorney, Kathy Cekanski if a reason had to be stated publicly, and she indicated it did not hav to be stated. Council Member Parent made a motion to adjourn, seconded by Council Member Dombrowski. The motio carried. The meeting adjourned at 8:35 p.m., and reconvened at 8:50 p.m. Council Member Kopczy indicated that Council Member Serge explained his reason for abstention and felt the explanation was reasonable. A roll call vote was taken on the abstention and it passed with a vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). Council Member Taylor explained his wife's employment, and said he did not feel it was a conflic of interest. Council Member Adams asked Dr. Kotoske if it would be possible for him to use this residence as his home. He indicated it would not be possible. Council Member Adams asked how much of the residence was used as office space. Dr. Kotoske said all of it was used for office space. Council Member Adams indicated that she would like Council Member Kopczynski to withdraw his motion, so the-Council could continue this hearing and look at other locations in the City where doctors have their offices in "A" residential areas. Council Member Parent made a motion to cut debate, seconded by Council Member Taylor. The moti carried. A roll call vote was taken on the motion to send the ordinance to the Council favorably. This motion failed on a vote of two ayes (Council Members Szymkowiak and Kopczynski� six nays (Council Members Miller, Taylor, Adams, Dombrowski, Horvath and Parent) and one abstention (Council Member Serge) . Council Member Miller made a motion that the ordinance go to Council unfavorable, seconded by Council Member Taylor. The ordinance went to Council unfavorable on a roll call vote of six aye: (Council Members Miller, Taylor, Adams, Dombrowski, Horvath and Parent) two nays (Council Member: Szymkowiak and Kopczynski) and one abstention (Council Member Serge). ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED RELATIVE TO THE POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY. Council Member Miller made a motion to refer this ordinance to Area Plan, seconded by Council President Parent. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $10,000.00 FROM ACCOUNT NO. 110.0 "SALARIES AND WAGES, REGULAR" TO ACCOUNT 262.0 "MEDICAL, SURGICAL, & DENTAL," BOTH ACCOUNTS BEING WITHIN THE POLICE DEPARTMENT BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND. REGULAR MEETING AUGUST 23, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED This being the time heretofore set for public hearing on the above ordinance, proponents and o ponents were given an opportunity to be heard. Services Division Chief, Glenn Terry, made the presentation for the ordinance. He said the medical account is rapidly being depleted. He said there was a surplus in Services Personal and this could be transferred. He indicated the the hospital expense for Cpl. Maurice Woods was going to be excessive and would likely cause expenses much greater than this amount. Council Member Serge made a motion that this ordinance be sent to the Council favorably, seco by Council Member Miller. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $298,000 FROM THE COMMUNITY DEVELOPMENT FUND, FOR COMMUNITY DEVELOPMENT ADMINISTRATION COSTS, TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. William Gilkey, Director of Human Resourc made the presentation for the ordinance. He said the 1976 -77 Community Development budget re- flects the judicious allocation of the minimal resources which are necessary to insure the smoo execution of the Community Development planning, management, and program development activities Council President Parent made a motion to amend this ordinance by changing Section II to Sectio III, and adding a new Section II to read: All contracts above $5,000 shall be submitted by the Department of Human Resources to the Common Council in resolution form before any expenditure shall be appropriated. This motion was seconded by Council Member Miller. Council Member Adams said she would like to offer an amendment to this, by amending the amount to $3,000. Council Member Miller said $5,000 was consistent with other City Departments. Council Member Horvath indicated the Council had the right to question claims for any amount. Council Member Adams indicated the problem was at that time the contract has already been entere into and the City is responsible. Mr. Thomas Brunner indicated that the Council was being stricter than the state statutes. The motion carried to amend this ordinance. Council President Parent indicated that Council Member Miller wanted to offer a further amendment. Council Member Miller made a motion to re- duce Salaries and Fringe by $5,500, and Non - personal Costs by $9,500 for a total cut of $15,000'', to $283,000, seconded by Council President Parent. The motion carried. Council Member Adams made a motion this ordinance be recommended favorably, as amended, to the Council, seconded by Council Member Dombrowski. The motion carried. Council President Parent made a motion to continue hearing on ordinances E, F, G & H on the agenda to September 13, 1976, seconded by Council Member Miller. The motion carried. There being no further business to come before the'Committee of the Whole, Council Member Miller made a motion to rise and report to the Council, seconded by Council Member Taylor. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST irman Be it remembered that the regular meeting of the Common Council of the City of South Bend re- convened in the Council Chambers at 9:22 p.m., Council President Parent presiding, and nine members present. REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the August 9, 1976 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Roger 0. Parent /s/ Mary Christine Adams Council Member Serge made a motion that the report for August 9, 1976, be accepted as read and placed on file, seconded by Council Member Miller. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Council Member Taylor made a motion to waive the reading of the report of the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried with a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). S, REGULAR MEETING AUGUST 23, 1976 REGULAR MEETING - RECONVENED (CONTINUED) REPORTS FROM AREA PLAN August 18, 1976 The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance and site development plan of Elmer R. Graber, to zone from "C" Commercial and "A" Residential, "A" Heigth and Area, to "C" Commercial, "A" Height and Area, property located at the southeast corner of St. Joseph Street and Ireland Road, City of South Bend. Gentlemen: The attached rezoning petition of Elmer R. Graber, was legally advertised August 7, 1976. The Area Plan Commission gave it a public hearing August 17, 1976, at which time the following action was taken: "Upon a motion by Garrett Mullins, being seconded by Rollin Farrand, and unanimously carried, the petition of Elmer R. Graber to zone from "C" commercial and "A" Residential, "A" Height and Area, to "C " Commercial, "A" Height and Area, property located at the southeast corner of St. Joseph Street and Ireland Road, City of South Bend, is returned to the Common Council with a favorable recommendation, subject to the approval of a final site plan, which indicates an access easement which is aligned with commercial development to the east." The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes and will be forwarded to you at a later date to be made a part of this report. Attached for your consideration in the review of this matter is a copy of the APC Staff Report. Very truly yours, /s /Richard S. Johnson, Executive Director RSJ /cm attach. cc: Elmer Graber Jim Childs, Architect The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 August 18, 1976 In Re: A proposed ordinance and site development plan of Robert's Cleaning Centers, Inc., to zone from "C" Commercial, "A" Height and Area, to "C" Commercial, "A" Height and Area, property located on the west side of Miami Road, south of Ireland Road, City of South Bend. Gentlemen: The attached rezoning petition of Robert's Cleaning Centers, Inc., was legally advertise( August 7, 1976. The Area Plan Commission gave it a public hearing August 17, 1976, at which tim( the following action was taken: "Upon a motion by Robert Lehman, being seconded by Kenneth Woods and un- animously carried, the petition of Roberts Cleaning Centers, Inc., to zone from "C" Commercial, "A" Height and Area, to "C" Commercial "A" Height and Area property located on the west side of Miami Road, south of Ireland Road, City of South Bend, is returned to the Common Council with a favorable re- commendation, subject to a final site plan which provides fencing as requested by the City Engineer." The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission points considered in arriving at the above decision are shown in minutes of the public hearing and will be forwarded to you at a later date to be made a part of this report. Attached for your consideration in the review of this matter is the Area Plan Commission Staff Report. Very truly yours, /s /Richard S. Johnson, Executive Director RSJ /cm Attach. cc: Stephen Seall, attorney Regular meeting August 23, 1976 REGULAR MEETING - RECONVENED (CONTINUED The Honorable Common Council City of South Bend. County -City Building South Bend, IN 46601 In Re: A proposed ordinance and site development plan of Max to zone from "B" Residential, "B" Height and Area, to Height and Area, property located on the north side of proximately 200 feet mast of Michigan Street, City of Gentlemen: August 18, 1976 Koenig (Value House) "C" Commercial, "F" Marion Street, ap- South Bend The attached rezoning petition of Max Koenig was legally advertised August 7, 1976, The Area Plan Commission gave it a public hearing on August 17, 1976, at which time the following action was taken: "Motion was made by Joseph Serge and seconded by Daniel Chrzan and carried to amend this petition, on item 1 on the first page of the petition, by changing the address from 505 -515 North St. Joseph Street, to 119 E. Marion Street." "Upon a motion by June Stratton, being seconded by Joseph Serge and unanimously carried, the petition of Max Koenig (Value HOuse) to zone from "B" Residential, "B" Height and Area, to "C" Commercial, "F" Height and Area, property located on the north side of Marion Street, approximately 200 feet east of Michigan Street, City of South Bend, is returned to the Common Council with a favorable recommendation, as amended, subject to the approval of a final site plan." . The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes and will be forwarded to you to be made a part of this report. Attached for your consideration in the review of this matter is the APC Staff Report. Very truly yours, /s /Richard S. Johnson, Executive Director RSJ /cm attach. cc: Max Koenig Robert Lee, Attorney August 18, 1976 The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance and site development plan of Robert and Dorothy Allen, to zone from "A" Residential, "A" Height and Area, to "C" Commercial, "A" Height and Area, property located.on the south side of Ireland Road, west of Miami, City of South Bend. Gentlemen: The attached rezoning petition of Robert and Dorothy Allen was legally advertised August 7, 1976. The Area Plan Commission gave it a public hearing August 17, 1976, at which time the following action was taken: "Upon a motion by Robert Lehman, being seconded by June Stratton, and carried with Paul Klein, Rollin Farrand, Russell Rothermel, and Joseph Serge voting "Nay ", the petition of Robert and Dorothy Allen, to zone from "A" Residential, "A" Height and Area, to "C" Commercial, "A" Height and Area, property located on the south side of Ireland Road, west of Miami, City of South Bend, is re- turned to the Common Council with an unfavorable recommendation for the fol- lowing reasons: (a) it would establish the precedent for enabling additional fronting properties along Ireland Road to be zoned commercial. This would be detrimental in that within the existing commercial areas, there are presently vacant sites which are properly zoned and could be used for the proposed use. This would also allow commercial development to traverse an existing topographic barrier (10 feet difference in elevation) and spread into a residential area. (b) because of the existing topographic barrier, the access drive for the pro- posed rezoning will not be directly connected to the access drives serving the existing commercial area. During the development of the existing commercial area access points were limited. Since the proposed access drive will not be connected to existing drives, uncontroller turning motions will result and may necessitate the construction of a turning lane." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in minutes of the public hearing and will be forwarded to you at a later date to be made a part of this report. Attached for your consideration in the review of this matter is a copy of the Area Plan Commission Staff Report. Very truly yours, /a/ Di f"hnrrl C .Tnlincnn RT'.(�iTT,AR MF.T'.'PTNG AUGUST 23, 1976 i REGULAR MEETING - RECONVENED (CONTINUED Council Member Dombrowski made a motion to set the appropriate ordinances for public hearing and second reading September 13, 1976, seconded by Council Member Taylor. The motion carried. PR.TTTTnMq PETITION FOR VOLUNTARY ANNEXATION TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND The undersigned, being the fee simple title holders of the following described realty, to- wit: Part of the Southeast Quarter of the Northeast Quarter of Section Thirty (30) Township Thirty -seven (37) North, Range Three (3) East, described as beginning at a point on the South line of said Southeast Quarter of the Northeast Quarter, Seven Hundred and Thirty -seven Hundredths (700.37) feet West of the Southeast corner thereof, which point is on the center line of a highway known as Ireland Road; running thence North Four Hundred Twenty and Forty -two Hundredths (420.42) feet; thence West One Hundred Three and Sixty -one Hundredths (103.61) feet; thence South Four Hundred Twenty and Forth -two Hundredths (420.42) feet to the South line of said Southeast Quarter of the Northeast Quarer; thence East, along said South line, One Hundred Three and Sixty -one Hundredths (103.61) feet to the place of be- ginning. which property is contiguous to the present City Limits of South Bend, hereby respectfully peti the Common Council of the City of South Bend, Indiana to annex and bring within the City Limits of said City the above described real estate. Charles E. Koczan and Margaret Koczan, husband and wife By: /s/ Richard W. Morgan We the undersigned, do hereby respectfully make application and petition the South Bend Common Council to amend the Zoning Ordinance of the City of South Bend as hereinafter requested and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at Park Avenue Neighborhood 2. The property is owned by - Park Avenue individual residents 3. A legal description of the property is as follows: A parcel of land in the East 2 of Section 2, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, being lots numbered 1 through 19 in the First Plat of Shetterley Place and Lots numbered 18 thru 37 in the First Plat of Chapin Place, more particularly described as follows: Beginning at the intersection of the northern right -of -way line of Portage Avenue and the eastern right -of -way line of Leland Avenue; thence North along said right -of -way line of Leland Avenue 987.4 feet, more or less, to the southern right -of -way line of a 12 foot alley, said right of way line being also the north property line of lot 19 in the First Plat of Shetterling Place; thence East along said alley right of way and north property line 120 feet more or less to the western right of way line of a 16 foot alley, said right of way line being also the east property line of lots 17, 18, and 19 in the First Plat of Shetterling Place; thence South along said alley right of way line and east property line 135 feet, more or less, to the northwest corner of lot 16 in the First Plat of Shetterling Place, being also the southern right of way line of a 12 foot alley; thence East along said right of way line being also the north property line of lot 37 in the First Plat of Chapin Place, 136 feet to the western right of way line of Forest Street; thence South along said right of way line of Forest Street 1105.5 feet to the northern right of way line of Lamont Terrace; thence West along said right of way line of Lamont Terrace 27 feet, more or less to the northern right of way of Portage Avenue; thence Northwesterly along the said right of way line of Portage Avenue 278.6 feet, moreor less, to the point of beginning. Also a part of the First Plat of Shetterly Place with Lots numbered 48 thru 59, more particularly described as follows: Beginning at the intersection of the northern right of way line of Manitou Place and the eastern right of way line of Forest Avenue; thence North along said right of way line of Forest Avenue 624 feet, moreor less to the southern right of way line of a 12 foot alley being also the north property line of lot 48 in the First Plat of Shetterly Place; thence East along said right of way line and north property line 114 feet, moreor less, to the western right of way line of a 14 foot alley, being also the east property line of lots numbered 48 thru 59 of said First Plat of Shetterly Place; thence South along said right of way line and East property line 624 feet, more or less to the northern right of way line of Manitou Place; thence West along said right of way of Manitou Place, 110.5 feet, moreor less, to the point of beginning. Also a part of the First Plat of Shetterly Place with lots numbered 2 thru 16, more particularly described as follows: Regular Meeting A17 Ql7st _2_�- 1�7�f REGULAR MEETING - RECONVENED (CONTINUED) Beginning at the intersection of the Northern right of way line of Lamont Terrace and the Eastern right of way line of Forest Avenue; thence North along said Eastern right of way line of Forest Avenue 317 feet more or less to the Southern right of way line of Manitou Place; thence East along said right of way line of Manitou Place 600 feet mor or less to the East property, line of lot 16 in said First Plat of Shetterly Place; thence South along said East property line 172 feet, moreor less to the southern right of way line of a 12 foot alley, being also the north property line of lots 2, 3, and 4 of said First Plat of Shetterly Place; thence East along said Southern right of way line and North property line 150 feet; thence South along the East property line of lot 2 in said First Plat of Shetterly Place 162.2 feet, more or less to the Northern right of way line of Lamont Terrace; thence West along said Northern right of way line of Lamont Terrace 450 feet to the place of beginning. Also a part of Henrick & Grant Addition to the City of South Bend, Indiana, being more particularly described as follows: Lots 45, 46, 47, 48, 49, and 50 of Henrick and Grant Addition to the City of South Bend, Indiana Also a part of Burrough's Subdivision to the City of South Bend, Indiana, being more particularly described as follows: Lots 1, 2, 3, 5, 51 and 52 of Burrough's Subdivision of Out Lot 115 to the City of South Bend, Indiana. Also a part of Burrough's Subdivision of the City of South Bend, Indiana, being more particularly described as follows: Lots 355, 356, 357, 358, 359, 360, 361, 362, and 363 of Part of the Original Plat of South Bend. Also a part of Anderson Dushane Subdivision of the City of South Bend, Indiana, being more particularly described as follows: Lots 3, 4, and 5 of Anderson Dushane Subdivision.. Also a part of Putman's Addition to the City of South Bend, Indiana, being more parti- cularly described as follows: Lots 9, 10 and 11 of Putman's Addition. Also a part of C. Fassnacht Addition to the City of South Bend, Indiana, containing Lo 2 thru 8 and Lots 13 thru 16 and being more particularly described as follows: Beginning at the intersection of the North right of way line of Navarre Street, and the Northerly right of way line of Portage Avenue; thence North along said Northerly line of Portage Avenue 296.8 feet to a point 17 feet North of the South lot line of Lot, C. Fassnacht's Addition; thence Easterly along a line 17 feet north of and paral- lel to said South line of Lot 6, 120 feet to the Southerly line of a 14' alley; thence Northerly along said alley line 33 feet to the Northeast corner of Lot 6 of said Fassnacht's Addition; thence Westerly along the North line of said Lot 6 to a point 78 feet East of the Southwest corner of said Lot 6; thence Northerly along a line parallel to Portage Avenue, 30 feet; thence Westerly and parallel to said North line of Lot 6, 78 feet to the Northerly right of way line of Portage Avenue; thence continuing Northerl along said Portage Avenue right of way line to the intersection of the Northerly right of way line of Portage Avenue and the South right of way of Lamont Terrace; thence East along said South right of way line of Lamont Terrace 353 feet to the intersection of the South line of Lamont Terrace and the west line of a 14 foot alley commonly known as Chapin Place; thence South along said West line of Chapin Place 322 feet to the intersection of.the said West line of said Chapin Place and the North line of Navarre Street; thence West along said North line of Navarre Street 84 feet to the place of beginning. 4. It is desired and requested that the foregoing property be rezoned From "B" Residence; "C" Commercial; and "B "; "C "; "D "; and "E" Height and Area Distrct To "A" Residence Use and "A" Height and Area. 5. It is proposed that the property will be put to the following use and following building will be constructed: N/A 6. Number of off - street parking spaces to be proved: N/A 7. Attached is a copy of (a) an existing plot plan showing my property and other surround- ing properties; (b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (c) site development plan. N/A Area Plan Commission Petition Prepared By 5*21 REGULAR MEETING AUGUST 23, 1976 REGULAR MEETING - RECONVENED I,'the undersigned, do hereby respectfully make application and petition the South Bend Com- mon Council to amend the zoning ordinance of the City of South Bend 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 Jefferson Boulevard, west of the St. Jospeh'River, north of Monroe Street, and east of Columbia Street. 2. The property is owned by - Department of Redevelopment - City of South Bend. 3. A legal description of the property is as follows: A parcel of land located in the west 1/2 of section 12, township 37 north, range 2 east, City of South Bend, Indiana, Portage Township, more particularly described as follows: Beginning at the intersection of the northeastern boundary of Columbia Street and the eastern boundary of Western Avenue; thence northeasterly along said eastern boundary 11431,feet along an arc to the left and having a radius of 424.47 feet and subtended by a long chord having a bearing of N. 4920' 14" E. and a length of 113.97 feet; thence N.0° 22'16" W. 284.57 feet along said eastern boundary; thence N.50 26'02" E. 117.19 feet along said eastern boundary to the southern boundary of Jefferson Boulevard; thence continuing northeasterly along said southern boundary of Jefferson Boulevard, 275.51 feet and subtended by a long chord having a bearing of N.530 14'53 "E. And a length of 264.20 feet; thence S. 190 47'16" E. 156.66 feet; thence S.250 55'32" E. 90.64 feet; thence S. 530 10'13i° E. 102.76 feet; thence S. 26046'29" E. 232.03 feet; thence S. 250 39'11" E. 425.12 feet; thence S.650 42'29" W. 10.00 feet; thence S. 40 39138" E. 40.00 feet; thence 700 06130" E. 50.00 feet; thence S-380 42'21" E. 236.98 feet; thence S. 650 47'18" E. 148.50 feet; thence S.130 09' 59" W. 221.84 feet to the northern boundary of Monroe Street; thence northwesterly along said northern boundary 145.02 feet along an arc to the left and having a radius of 614.21 feet; o thence S. 89 038142" W. 463.18 feet to the eastern boundary of Columbia Street; thence N. 0. 30'18" W. 293.20 feet along said eastern boundary; thence northwesterly along said eastern boundary 508.47 feet along an arc to the left and having aradius of 421.97 feet; thence N. 69032'51" W. 95.25 feet along said boundary of Columbia Street to the point of beginning and containing 14.36 acres, more or less. 4. It is desired and requested that the foregoing property be rezoned From "C" Commercial and "B" Residential use and "A" Height and Area District TO "C" Commercial use and "A" 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 Uses permitted by the Redevelopment Plan for downtown South Bend 6. Number of off - street parking spaces to be provided. As provided and required by the South Bend, Indiana Zoning Ordinance. 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; and (c) site development plan. .a Plan Commission ?etition Prepared By Richard S. Johnson Executive Direct, Area Plan Commissio Council President Parent announced these would be handled along with the ordinance when they had first reading. ORDINANCES, SECOND READING ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (4104 SOUTH MIAMI ST.) This ordinance had second reading. Council Member Miller made a motion to defeat this ordinance, seconded by Council Member Dombrowski. The ordinance was defeated on a roll call vote of six ayes (Council Members Miller, Taylor, Adams, Dombrowski, Horvath and Parent) two nays (Council Members Szymkowiak and Kopczynski) and one abstention (Council Member Serge). ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED RELATIVE TO THE POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSPEH COUNTY. This ordinance had second reading. Council Member Adams made a motion to refer this ordinance to Area Plan, seconded by Council Member Taylor. The motion carried. PRQUITAR MEETING AUGUST 23, 1976 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE 6014 -76 AN ORDINANCE TRANSFERRING THE SUM OF $10,000.00 FROM ACCOUNT NO. 110.0 "SALARIES AND WAGES, REGULAR" TO ACCOUNT 262.0 MEDICAL, SURGICAL, & DENTAL ", BOTH ACCOUNTS BEING WITHIN THE POLICE DEPARTMENT BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND. This ordinance had second reading. Council Member Taylor made a motion to pass this ordinance, seconded by Council Member Serge. The ordinance passed on a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE 6015 -76 AN ORDINANCE APPROPRIATING $283,000 FROM THE COMMUNITY DEVELOPMENT FUND, FOR COMMUNITY DEVELOPMENT ADMINISTRATION COSTS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This ordinance had second reading. Council Member Taylor made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor made a motion to pass the ordinance, as amended, seconded by Council Member Serge. The ordinance passed on a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski Horvath and Parent). Council Member Kopczynski made a motion to continue public hearing on ordinances E. F. G. & H. on the agenda, seconded by Council Member Dombrowski. The motion carried. RESOLUTION 531 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, OFFICIALLY WELCOMING REVEREND AND MRS. IVOR THOMAS REES OF ENGLAND TO OUR COMMUNITY. WHEREAS, REverend and Mrs. Ivor Thomas Rees of Epsom, Surrey County, England, are presently spending a six week period in our community; and WHEREAS, Reverend Rees is a visiting exchange pastor with the Zion United Church of Christ, South Bend, Indiana and is from the United Reform Church, Ewell Congregation, in Epsom, England, NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: SECTION I. That the Citizens of the City of South Bend, Indiana, through their Common Council, officially welcome Reverend and Mrs. Ivor Thomas Rees of Epsom, Surrey County, England to our community. SECTION II. That The Common Council recognizes the many benfits attributable to such culturz exchange programs between the various nations and encourages the development of such programs. SECTION III. That the Council further extends to the Rees family a most enjoyable and en- lightening stay in the United States, and sends the best wishes of our community to the Country of England upon their return. SECTION IV. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roger 0. Parent Member of the Council A public hearing was held at this time on the resolution. Council President Parent asked Council Vice President Dombrowski to chair this portion of the meeting. Council President Parent indicate that Reverend Rees is a visiting exchange pastor with the Zion United Church of Christ, South Ben( and he is from the United Reform Church, Ewell Congregation, Epsom, England. He indicated this was a cultural exhange program between various nations. He presented the original resolution to Reverend Rees. Council President Parent made a_motion this resolution be adopted, seconded by Council Member Serge. The resolution was,adopted on a roll call vote of nine ayes (Council Member Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). Council Vice President Dombrowski return the Chair to Council President Parent. RESOLUTION 532 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE ST. JOSEPH COUNTY BOARD OF COMMISSIONERS AND THE COUNTY COUNCIL TO PROCEED AHEAD WITH ALL DELIBERATE SPEED ON AN OLIVE - SAMPLE STREETS RAILROAD SEPARATION AND STREET INTER- CHANGE PROJECT. WEREAS, the Common'Council of the City of South Bend, several other governmental units, and citizens of the community have been concerned about the Olive - Sample streets intersection and the increasing problems'of this intersection to the traveling motorists and pedestrians over the past fifty (50) years; and WHEREAS, the severe traffic congestion resulting from the large number of railroad and high conflicts has created, and will continue to create, growing dangers to the safety of motorist` and pedestrians using this intersection as presently constructed; and WHEREAS, the Common Council of the City of South Bend is cognizant of the Olive- Sample Street Railroad Separation and Street Interchange Project presently under review by the Indiana State Highway Commission. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: X23 REGULAR MEETING AUGUST 23, 1976 u REGULAR MEETING - RECONVENED (CONTINUED) SECTION I. That the St. Joseph County Board of Commissioners be urged to continue negotia- tions with the Indiana State Highway Commission on the Olive- Sample Streets Railroad Separation and Street Interchange Project and push for immediate construction. SECTION II. That the Common Council of the City of South Bend hereby urges both the St. Joseph County Board of Commissioners and the St. Joseph County Council to seriously consider in all of their negotiations, and meetings with the Indiana State Highway Commission the develop- ment of a. comprehensive construction project which will meet the two -fold purposes of: (1) eliminating the many safety hazards presently existing at the Olive - Sample streets intersection; and (2) preserving the quality and character of the neighborhood most likely to be affected by such improvements. SECTION III. That all governmental bodies and persons involved in developing an Olive - Sample Streets Railroad Separation and Street Interchange Project be urged to proceed ahead with all deliberate speed in carrying out this Resolution. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roger 0. Parent Member of the Council A public hearing was held at this time on the resolution. Council Member Dombrowski read the resolution in its entirety. Mr. Harry Kruk, 2428 Dunham, said he was the chairman of the recently formed citizen's committee for the Olive - Sample overpass. He asked Council Member Dombrowski if he was suggesting that there be an alternative plan, other than the one recommended. Council Member Dombrowski indicate( that he did not think more money had to be spent, and that all that was needed was to scale the plans down. He indicated this was not the first plan that money had been spent on, and we can have another plan. Mr. Kruk indicated more money would be spent and no plan would be developed. Council Member Dombrowski said there was no sense putting a bridge over tracks that are not being used. Mr. Kruk indicated that five tracks are being used. He said he has a petition with over six hundred names and they plan to get many more. He indicated about sixty percent of our South Bend industry is located west of Olive. Council Member Adams asked Mr. Rollin Farrand, City Engineer, how long the process would take if another plan were to come about. Mr. Farrand indicated four years at a minimum. Council Member Adams indicated this resolution might give the County an out, as far as this project is concerne She indicated she thought there should be a meeting between the City Council, County Council, Commissioners, City Engineer and County Engineer. Council Member Miller indicated he thought this matter should be clarified. He said this resolu- tion does not refer to construction only negotiations. He said if immediate construction is wanted, we will have to continue the plan as proposed, or perhaps amended, because otherwise we would lose the funding. He indicated that he thought Section I an Olive - Sample Streets Rail- road Separation should be changed to the Olive - Sample Streets Railroad Separation and Street Interchange Project and delete the rest of the paragraph and add and push for immediate construe is Council Member Adams said she would like something to be done on this project during this term of the Council. She made a motion to continue this until the next Council meeting so there woul be time to have a meeting with the County Council, Commissioners, City Engineer and County Engi- neer. Her motion died for lack of a second. Council Member Kopczynski indicated that a resolution was presented only two weeks ago urging the same thing, without jeopardizing the program. He said this project is not to be footballed arou politically. He asked that the Council not act on this resolution because of the jeopardy to the project. He indicated this resolution would only tend to cloud the issue. Council Member Kopczynski made a motion to strike this resolution, seconded by Council Member Szymkowiak. Council Member Adams indicated she did not want the Council to strike this resolution because it only showed more indecision. She indicated she would like reconsideration of her motion to have a meeting with the County. She indicated the motion to strike should be withdrawn. Council Member Miller indicated that he hoped the Council could get in a situation of trying to work out something. He said he really felt this was a very important issue and the Council should take a leadership position. He indicated he felt in its present form the resolution tends to put a cloud over the-project, and it definitely should be amended. He indicated the Council should defeat the motion to strike and try to amend this to bring about this plan. Council Member Horvath indicated he felt too much emphasis was being put on the resolution. He indicated it was not the homes in the area that would be demolished, it wasthe homes that would be left and become slums that was bothering the residents of the area. Council Member Taylor indicated he did not feel the resolution should be struck. A roll call vote was taken on.the motion to strike the resolution an dit failed on a vote of two ayes (Council Members Szymkowiak and Kopczynski) and seven nays (Council Members Serge, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). Council Member Miller made a motion to amend Section I by changing the an to the Olive - Sample Streets Railroad Separation and Street Interchange Project, and eliminate the rest of the para- graph and add, and-.,-push for immediate construction. The motion was seconded by Council Member Taylor. Council Member Miller indicated the Council would be on record as favoring something happening immediately. He indicated that the plan as proposed can be negotiated and it was a question of going with the program because the funding is available and we could lose that fund- ing, and it would be many years before we could get that money again. The motion to amend the resolution passed. REGULAR MEETING ATTr -TZ,4T 23, 1976 i REGULAR MEETING - RECONVENED (CONTINUED) Council Member Miller made a motion to adopt the resolution, as amended, seconded by Taylor. The resolution was adopted by a roll call vote of nine ayes (Council Members Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCES, FIRST READING Council Membet Serge, Szymk wick, Ordinance AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND (18141 IRELAND ROAD). This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading September 13, and refer it to the City Engineer, seconded by Council Member Serge. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $162,750.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had first reading. Council Member Dombrowski made a motion to set this ordinance for public hearing and second reading September 13, 1976, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $5,600 FROM THE FEDERAL ASSISTANCE. GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS VEHICLE MAINTENANCE EQUIPMENT TO BE ADMINIS- TERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had first reading. Council Member Dombrowski made a motion to set this ordinance for public hearing and second reading September 13, 1976, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $125,000.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINIS- TERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading September 13, 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $12,000 FROM THE COMMUNITY DEVELOPMENT FUND, FOR A HISTORIC PRESERVATION STUDY, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES AND THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY. This ordinance had first reading. Council Member Dombrowski made a motion to set this ordinance for public hearing and second reading September 13, 1976, seconded by Council Member Adams.. 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 21, MUNICIPAL CODE). (PARK AVENUE NEIGHBORHOOD). This ordinance had first reading. Council Member Dombrowski made a motion to refer this ordinance to Area Plan, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, (SOUTH OF JEFFERSON BLVD., WEST OF THE ST. JOSEPH RIVER, NORTH OF MONROE ST., AND EAST OF COLUMBIA ST.) This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading September 13, 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 2, ARTICLE I, SECTION 2 -10 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1976, COMMONLY REFERRED TO AS THE STANDING COMMITTEES OF THE COMMON COUNCIL BY THE ADDITION OF CITIZEN MEMBERS TO SUCH COMMITTEES. This ordinance had first reading. Council Member Miller indicated this ordinance should be taken lip with the ordinance amending Council rules. He made a motion to set this ordinance for public hear ing and second reading September 27, 1976, seconded by Council Member Kopczynski. The motion car- ried. r- REGULAR MEETING AUGUST 23, 1976 REGULAR MEETING - RECONVENED (CONTINUED) UNFINISHED BUSINESS Council Member Horvath made a motion to strike the resolution in committee on the Olive - Sample Overpass, seconded by Council Member Miller. The motion carried on a roll call vote of seven ayes (Council Members Serge, Miller, Taylor, Adams, Dombrowski, Horvath and Parent) and two nays ,(Council Members Szymkowiak and Kopczynski). NEW BUSINESS Council Member Miller made a motion to sell City - owned property located at 711 LaPorte Avenue, 720 E.Wenger. St., 413 E. Ohio St., 748 Diamond Ave., 1221 Grace St., and 814 Forest Ave., seconded-'-by Council Member Kopczynski. The motion carried. Council Member Serge indicated he thought the Council should contact in writing the Public Servic Commission to review the Angela- Riverside Railroad trestle crossing. He said last week's incident at this location dramatizes the need for immediate installation of automatic train- activated warning signals. He indicated the cost would be allocated between the public and the railroad for the equipment, operation and maintenance. The Council attorney indicated she would handle the writing of this letter. Council Member Adams indicated she had received several calls regarding the zoo and she would li} to have Mr. Seitz, the Park Superintendent, attend the September 13, 1976, meeting and give a report on the condition of the zoo. Council President Parent instructed the City Clerk's office to write a letter to Mr. Seitz informing him that the Council would like a report on the zoo at the September 13, 1976 meeting. There being no further business to come before the Council, unfinished or new, Council Member Adams made ,a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 10:20 p.m. ATTEST APPROVED: City Clerk Presi n *%+ ** 4i+-l. ii 1. a..t.- -- ........... . . . . . . . . . . .