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HomeMy WebLinkAbout07-10-72 Council Meeting Minutess) REGULAR MEETING JULY 10, 1972 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County -City Building on Monday, July 10, 1972 at 8:05 p.m. The meeting was called to order by Vice - President Walter Szymkowiak and the Pledge of Allegiance to the flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor and Kopczynski. ABSENT: Councilmen Horvath, Newburn and Nemeth. REPORT OF THE COMMITTEE ON MINUTES Your committee on the inspection and supervision of minutes would respectfully report that they have inspected the minutes of the June 26 Regular Meeting and the June 28 Special Meeting of the Council and found them correct. They, therefore, recommend that the same be approved. /s/ Peter J. Nemeth /s/ Terry S. Miller Upon motion made by Councilman Serge, seconded by Councilman Taylor, and carried, the report was accepted as read and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, said that she had watched a T.V. program on the trash removal problem and that City Engineer William Richardson had stated there was $306,000 in this year's budget. She said that this is not a total figure as gaa: and other items are not included and asked if the Council plans to check this out. Councilman Miller said that a projection should be made by someone. David Wells, Assistant City Engineer, said that it is not possible to say how much gas it takes to run a Sanitation truck for one day since it varies. He said that gas accounts are put in the Municipal Services Facility budget and then charged to the departments as they are used. Councilman Kopczynski asked Mr. Wells what was included in the items Garage Supplies and Tires and Tubes in the 1972 budget. Mr. Wells said he could not give an answer because he was out of town when the budget items were approved. Council- man Szymkowiak said that he would check with the Manager of the Municipal Services Facility about this matter. RESOLUTIONS RESOLUTION A RESOLUTION TRANSFERRING $4,367.29 FROM ACCOUNT Y -531 TO ACCOUNT Y -54, WITHIN THE FIREMEN'S PENSION FUND. This resolution was read at the regular Council meeting of June 26, 1972 and held over for public hearing at this meeting. Councilman Parent made a motion to strike the resolution from the record, seconded by Councilman Miller. The motion carried unanimously. RESOLUTION NO. 314 -72 A RESOLUTION TRANSFERRING $4,453.94 FROM ACCOUNT NO. Y -531 TO ACCOUNT Y -54, WITHIN THE FIREMEN'S PENSION FUND. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so that it is now necessary to appropriate more money that was appropriated in the annual budger for Account Y -54 within the Firemen's Pension Fund; and WHEREAS, a surplus exists within Account Y -532, also within the Firemen's Pension Fund, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION 1. That the sum of $4,453.94 be transferred from Account Y -532 to Account Y -54, both being within the Firemen's Pension Fund. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Terry S. Miller Member of the Common Council A public hearing was held on this resolution at this time. Fire Chief Jack R. Bland, as Chairman of the Firemen's Pension Fund, gave-the presentation. He said the resolution is necessary due to the culmination of a longevity suit filed in 1964. The court has mandated that back payments be made to retirees. The money for these payments is to be taken from Account Y -531 and transferred to Account Y -54, both being within the Firemen's Pension Fund. Miss Guthrie asked why there was a difference in account numbers in the Resolution, Y -531 in one place and Y -532 in another. Chief Bland said that this was an error and that the correct Account Number should be Y -532. Councilman Miller moved to amend the title and Section 1 of the Resolution to change the account number to Y -532. Councilman Taylor seconded the motion to amend and it was carried. Councilman Parent made a motion that the resolution be adopted, as amended, seconded by Councilman Taylor. The motion passed unanimously. 'D T2rP T rP T ANrQ PETITION TO REZONE PROPERTY We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance of the City of South Bend, Indiana as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 211 -217 West Chippewa Street, South Bend, St. Joseph County, Indiana. Said real estate is located on the North side of Chippewa Street, West of Michigan Street. 2. The property is owned by David O. Frey and Frances A. Frey. REGULAR MEETING PETITIONS (CONTINUED) 3. A legal description of the property is as follows: A tract or parcel of land in the Southwest Quarter of the Southwest Quarter of Section No. 24, Township 37 North, Range 2 East, bounded by a line running as follows; vis: Beginning at a point Forty (40) feet North and Two Hundred Thirty -eight (238) feet East of the Southwest corner of said Section 24; running thence North 100 feet; thence East 100 feet; thence South 100 feet; thence West 100 feet to the place of beginning. 4. It is desired and requested that the foregoing property be rezoned from E Heavy Industrial and F Height and Area District to C Commercial Use and F 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: A veterinary hospital and clinic for the examination and treatment of household pets.will be built on the East 50 feet of the property described above. The present hospital, located on the West 50 feet will be razed and the West 50 feet will be used for six parking spaces. 6. Number of off street parking spaces to be provided: Six (6). 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; c.) site development plan. /s/ Frances A. Frey David O. Frey, Petitioners 59445 Locust Road, South Bend, Indiana Petition Prepared by: David O. Frey, Petitioner Councilman Miller made a motion that this petition be referred to the Area Plan Commission for further study, seconded by Councilman Taylor, and carried. PETITION TO AMEND ZONING ORDINANCE I, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance of the City of South Bend, Indiana as here- inafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located on the North Side of Lincoln Way West in the City of South Bend between Wellington and Kenmore Streets (if said streets were extended South to Lincolnway West) at a point 1100 feet, more or less, East of Sheridan Avenue. 2. The property is owned by James Horvath. 3. A legal description of the property is as follows: A parcel of land in the Northwest Quarter of the Northeast Quarter of Section 4, Township 37 North, Range 3 East in the City of South Bend, Indiana described as beginning at a point " - -91.5 feet West and South 0004' West, 120 feet from the Northeast corner of Said Quarter Quarter Section; thence South 0004' West, 180.88 feet; thence North 67026' West, 106.95 feet; thence North 0000' West, 140.95 feet; thence South 89 17157" East, 98.86 feet to the place of beginning. 4. It is desired and requested that the foregoing property be rezoned from A Residence Use and A Height and Area District to C Commercial Use and C 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: Associates Family Financial Service Facility. 6. Number of off street parking spaces to be provided: Eleven (11). 7. Attached is a copy of a.) an existing plot plan showing my property and other surrounding properties; b/0 names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; c/0 site development plan. ASSOCIATES BANCORP, INC. /a/ By: Jack C. Dunfee, Jr. Thornburg, McGill, Deahl, Harman, Carey & Murray, 645 First Bank Building, South Bend, Indiana. Petition Prepared by: Jack C. Dunfee, Jr. Councilman Miller moved that this petition be referred to the Area Plan Commission for further study, seconded by Councilman Taylor, and carried. PETITION TO AMEND ZONING ORDINANCE We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend 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 on the North Side of Ireland Road approximately 650 feet East of U. S. Highway Number 31 and approximately 800 feet West of Fellows Street. 2. The property is owned by L. S. Ayres and Company REGULAR MEETING JULY 10, 1972 PETITIONS (CONTINUED) 3. A legal description of the property is as follows: Lot Numbered 164 as shown on the recorded Plat of Funk & Myers 3rd Plat of Chippewa Heights Addition to the City of South Bend. 4. It is desired and requested that the foregoing property be rezoned from A Residence Use and A Height and Area District to C Commercial Use and C Height and Area District. 5. It is proposed that the property will be put to the following use and the following buildings will be constructed: Associates Family Financial Service Facility. 6. Number of off street parking spaces to be provided: Ten (10). 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; c.) site development plan. ASSOCIATES BANCORP, INC. /s/ By: Jack C. Dunfee, Jr. Thornburg, McGill, Deahl, Harman, Carey & Murray, 645 First Bank Bldg., South Bend, Indiana Petition Prepared by: Jack C. Dunfee, Jr. Councilman Miller moved that this petition be referred to the Area Plan Commission for further study, seconded by Councilman Taylor, and carried. PETITION TO AMEND ZONING ORDINANCE We, the undersigned, do hereby respectfully make application and petition the City of South Bend, Indiana to amend the Zoning Ordinance of the City of South Bend, Indiana as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 2813, 2817, 2821, 2901 and 2905 South Michigan Street. 2. The property is owned by Albert J. and Betty K. Hans & Ranita, Inc. 3. A legal description of the property is as follows: Lots 53,54,55,56, and 57 Oakside 3rd Plat, in the Northwest Quarter of Section 24, Township 37 North, Range 2 East, Portage Township, South Bend, Indiana. 4. It is desired and requested that the foregoing property be rezoned from 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: Expanded Parking Lot for existing commercial properties located at 2801 and 2805 S. Michigan Street. 6. Number of off street parking spaces to be provided: Eighty -three (83). 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; c.) site development plan. /s/ Albert J. Hans and Betty K Hans and Ranita, Inc., By Albert J. Hans, President, 2801 South Michigan Street South Bend, Indiana. Petition Prepared by: Engineering Planning Services, Inc. 1520 North Main Street Mishawaka, Indiana Councilman Miller made a motion that this petition be referred to the Area Plan Commission. Councilman Taylor seconded the motion and it was carried. PETITION TO AMEND ZONING ORDINANCE We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana to amend the Zoning Ordinance of South Bend, Indiana as herein- after requested and in support of this application, the following facts are showni 1. The property sought to be rezoned is located at 413 N. Sommers Street, South Bend, Indiana. 2. The property is owned by Hoffman Brothers Sales and Service, Inc. 3. A legal description of the property is as follows: Lot No. 17 as shown on the recorded plat of Sommers Addition to the City of South Bend. 4. It is desired and requested that the foregoing property be rezoned from A 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: A building partially on Lot 18 andon Lot 17 as indicated on the pro- posed site development plan for storage of automobile accessory parts. 6. Number of off street parking spaces to be provided Twelve to Fourteen (12 to 14). Ju.UX 1U, 1`9 /z REGULAR MEETING PETITIONS (CONTINUED) 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; c.) site development plan. HOFFMAN BROTHERS SALES AND SERVICE, INC. BY: Lee M. Hoffman, 1101 E. Madison Street South Bend, Indiana Petition Prepared by: George E. Herendeen Councilman Miller made a motion that this petition be referred to the Area Plan Commission. Councilman Taylor seconded the motion and it was carried. PETITION TO AMEND ZONING ORDINANCE I, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana to amend the Zoning Ordinance of the City of South Bend, Indiana as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at the Southwest corner of Eddy Street and Jefferson Boulevard within the City of South Bend, Indiana. 2. The property is owned by The Capitol Life Insurance Company, a Colorado Corporation, qualified to do business in the State of Indiana, and is leased by Associates Financial Services Co., Inc., of South Bend, Indiana. 3. A legal description of the property is as follows: Lot Numbered one (1) as shown on the recorded Plat of E. Louis Kuhns' Sub - division of the West Half (h) of Large Lot Numbered Twenty (20) in Samuel L. Cottrell's First Addition to the Town of Lowell, now a part of the City of South Bend, in St. Joseph County, Indiana, recorded July 15, 1904 in Plat Book 8, Page 174 and A part of Large Lot or Block Numbered Twenty (20) as shown on the recorded Plat of Samuel L. Cottrell's First Addition to the Town of Lowell, now a part of the City of South Bend, the above two parcels being more particularly described and bounded by a line running as follows: Beginning at the Northeast corner of said Lot Numbered Twenty (20); thence running West on the South line of East Jefferson Boulevard, a distance of Three Hundred Nine and Nine Tenths (309.9) feet; thence running South One Hundred Fifty -six (156) feet; thence running East One Hundred Thirteen and Twelve Hundredths (113.12) feet; thence running South Twenty -nine (29) feet; thence running East One Hundred Ninety -four and Fifty -three Hundredths (194.53) feet to the West line of Eddy Street; thence North on said West line of Eddy Street, One Hundred Eighty -five (185) feet to the place of beginning, and Lot Numbered Two (2) as shown on the recorded Plat of E. Louis Kuhns' Sub - division of the West Half (�2) of Large Lot Numbered Twenty (20) in Samuel L. Cottrell's First Addition to the Town of Lowell, now a part of the city of South Bend, together with that portion of a vacated public court as platted in E. Louis Kuhns' sub - division of the West Half (h) of Large Lot No. 20 in Samuel L. Cottrell's First Addition to the Town of Lowell, now a part of the City of South Bend, described in Vacation Resolution No. 3327 of the Board of Public Works and Safety of the City of South Bend, Indiana, recorded January 6, 1971 in Misc. Record Book No. 260, Page 186 to Page 190 inclusive, in the records of the Recorder of St. Joseph County, Indiana. 4. It is desired and requested that the foregoing property be rezoned from C -1 Commercial Use and C Height and Area District to C -1 Commercial Use and C 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: A three story Office Building, 122'0" by 74'0 "feet was recently con- structed on the subject real estate and is being used as a Branch Office of Associates Financial Services Company, Inc. 6. Number of off street parking spaces to be provided: 82 parking spaces are located on the subject premises. 69 parking spaces, approved by the Board of Zoning Appeals of the City of South Bend, on the premises of the First Christian Church, 1101 E. Jefferson Boulevard, South Bend, Indiana. 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 owh.in.g property within 300 feet of the property sought to be rezoned; c.) site development plan. THE CAPITOL LIFE INSURANCE COMPANY /s/ By: William M. Busch, Vice President ASSOCIATES FINANCIAL SERVICES COMPANY, INC.! /s/ By: Louis R. Ranni, Assistant Secretary 1700 Mishawaka Avenue, South Bend, Indiana Petition Prepared by: Arthur W. Frisk, Attorney Councilman Miller made a motion that this petition be referred to the Area Plan Commission. Councilman Taylor seconded the motion and it was carried. REGULAR MEETING JULY 10, 1972 ORDINANCES, FIRST AND SECOND _READING 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 OF THE CITY OF SOUTH BEND (211 -217 W. Chippewa Street) This ordinance was given first reading by title and second reading in full. Councilman Miller moved, seconded by Councilman Parent, that this ordinance be sent to the Area Plan Commission for their recommendation. 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) (L.W.W. Between Wellington and Kenmore) This Ordinance was given first reading by title and second reading in full. Councilman Taylor made a motion that the Ordinance be referred to the Area Plan Commission for their recommendation. The motion was seconded by Councilman Parent and 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) (North Side of Ireland Road Between US. 31 and Fellows Street) This ORDINANCE was given first reading by title and second reading in full. Councilman Serge ma a motion that the ordinance be referred to the Area Plan Commission for their recommendation. 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) (2813, 2817, 2821, 2901 and 2905 South Michigan Street) This Ordinance was given first reading by title and second reading in full. Councilman Parent moved, seconded by Councilman Taylor, that this Ordinance be referred to the Area Plan Commission for their recommendation. The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702 (413 N. Sommers Street) This Ordinance was given first reading by title and second reading in full. Upon motion made by Councilman Taylor, seconded by Councilman Serge, and carried, the Ordinance was referred to the Area Plan Commission for their recommendation. ORDINANCE AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IDENTIFIED AS ORDINANCE NO. 4990, ORDINANCE NO. 3702, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE, AND THE MUNICIPAL CODE OF SOUTH BEND, SECTIONS 40 -1 TO SECTIONS 40 -43, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE. (Southwest Corner of Eddy and Jefferson) This Ordinance was given first reading by title and second reading in full. Upon motion made by Councilman Miller, seconded by Councilman Serge, and carried, this ordinance was referred to the Area Plan Commission for their recommendation. ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO THE FIRST BANK Sc TRUST COMPANY OF SOUTH BEND, TRUSTEE FOR LAND TRUST NO. 29 -5083. This Ordinance was given first reading by title and second reading in full. Councilman Miller made a motion that the ordinance be set for public hearing on July 24, 1972. The motion was seconded by Councilman Taylor, and was carried. ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO FIRST BANK AND TRUST COMPANY OF SOUTH BEND, INDIANA, TRUSTEE FOR LAND TRUST NO. 28 -5094. This Ordinance was given first reading by title and second reading in full. Councilman Miller made a motion that the ordinance be set for public hearing on July 24, 1972, seconded by Council- man Kopczynski, and carried. ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE FIRE DEPARTMENT BUDGET IN THE AMOUNT OF $3,000.00 FROM ACCOUNT Q -72201 "PROPERTIES - MOTOR EQUIPMENT ", TO ACCOUNT Q -43, "MATERIALS- REPAIR PARTS ", BOTH ACCOUNTS BEING WITHIN THE GENERAL FUND. This Ordinance was given first reading by title and second reading in full. Councilman Serge moved that the ordinance be set for public hearing on July 24, 1972, seconded by Councilman Parent. Motion carried. 75 REGULAR MEETING JULY 10, 1972 ORDINANCES, FIRST AND SECOND READING (CONTINUED) ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $1,500.00 FROM THE GENERAL FUND TO ACCOUNT W -37, "OTHER SUPPLIES ", IN THE RADIO DEPARTMENT BUDGET, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. This Ordinance was given first reading by title and second reading in full. Councilman Parent moved that the ordinance be set for public hearing on July 24, 1972, seconded by Councilman Serge. Motion carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $97',500 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET FUND. This Ordinance was given first reading by title and second reading in full. Upon motion made by Councilman Serge, seconded by Councilman Miller, and carried, the ordinance was set for public hearing on July 24, 1972. ORDINANCE AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1973. This Ordinance was given first reading by title and second reading in full. Upon motion by Councilman Parent, seconded by Councilman Taylor, and carried, the ordinance was set for public hearing on July 24, 1972. NEW .!,BUS INES S Councilman Taylor said that he had occasion to call the Fire Department for a small field fire and that the Fire Department is to be commended for a job well done and for responding so quickly. He reported that only 4k minutes elapsed between his phone call and the firemen's arrival at the fire. Councilman Kopczynski got chuckles from the audience when he quipped "May I ask what fire truck they drove to respond so rapidly ?" Councilman Parent instructed the City Clerk to send these comments to Fire Chief Bland. In view of the requests for appropriations received by the Council, Councilman Miller instructed the City Clerk to request from the City Controller a complete breakdown, line by line, of the balances in each account as of June 30th. There being no further business, unfinished or new, to come before the Council, Councilman Kopczynski made a motion to adjourn, seconded by Councilman Parent. The motion carried and the meeting adjourned at 9:05 p.m. ATTEST: s CITY CLERK APPROVED: PRESIDENT ++++++++++++++++++++++++++ ++ + + + + + + + +- h-F:-h-+-k-k..+-t ....+++++++++++++++++++ + + + + + + + + + + + + +-1- + + + + + +� + + + + + + +-