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HomeMy WebLinkAbout11-24-69 Council Meeting MinutesREGULAR MEETING NOVEMBER 10, •1969 Be it remembered that the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers in City Hall on Monday, November 24, 1969 at 11:17 p.m., all members present. The meeting was called to order by Council President Robert O. Laven, who presided. REGULAR MEETING NOVEMBER 24, 1969 REPORT FROM COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your Committee on the inspection and supervision of the minutes, would respectfully report that they have inspected the minutes of the November 10, 1969 meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert O. Laven /s/ Janet S. Allen /s/ Albert E. Palmer There being no objections, the report was accepted as read and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mrs. Lee E. Swan, 2022 Swygart St., South Bend spoke against public housing being constructed on the West Side of the City. She said if the two public housing areas under consideration at this meeting are approved, the West Side suffers from imbalance, creating a large ghetto in this area. Council - President Laven announced an invitation to the remonstrators to attend a meeting of the Housing Authority on December 2, 1969. He said the Housing Authority has specific control over public housing units. REPORT FROM CONTROLLER The report of the City Controller, James A. Bickel, for the month of October, to the Council, each Councilman having received a copy prior to the meeting. objections, the report was accepted as submitted and placed on file. REPORT FROM AREA PLAN COMMISSION October 29, 1969 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: r 1969, was submitted' There being no The attached rezoning request of the Southmore Mutual Housing Corporation was legally advertised under date of October 11 and 18 and given public hearing on October 21, 1969. The following action was taken: After considerable discussion it was moved, seconded and carried that the Ordinance and site development plan be recommended favorably to the Common Council. An excerpt of the minutes of the meeting is hereby attached and made a part of this report. Very truly yours, /s/ John K. Wilson, Executive Director JKW /cas Attach. There being no objections, the report was accepted as read and placed on file. REPORT FROM AREA PLAN COMMISSION November 19, 1969 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of William A. Ferency was legally advertised under date of Novem- ber 8 and 15 and given public hearing on November 18, 1969. The following action was taken: After due consideration it was moved, seconded, and carried that the ordinance and site development plan be recommended favorably to the Common Council. An excerpt from the minutes of the meeting is hereby attached and made a part of this report. Very truly yours, /s/ John K. Wilson, Executive Director JKW /cas Attach. There being no objections, the report was accepted as read and placed on file. REGULAR MEETING NOVEMBER 24, 1969 PETITIONS Petition to Amend Zoning Ordinance Location: Fillmore Road and Lombardy 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, Indi- ana as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at Fillmore and Lombardy. 2. The property is owned by Neva Templeton. 3. A legal description of the property is as follows: Part of the Southeast Quarter of the Southeast Quarter of Section Five (5), Township thirty -seven (37) North, Range Two (2) East, described as following, beginning at the Southeast corner of said Section Five (5), running thence North along the East line of said Section, Nine Hundred Eighty Six and Two Tenths (586.2) feet; thence West Nine Hundred Ninety and Three Tenths (990.3) feet; thence South Nine Hundred Eighty Eight (988) feet to the South line of said Section Five (5); thence East along said South line of said Section Five (5), One Hundred Fifty One (151) feet; thence North Four Hundred Seventy Six (476) feet; thence East Two Hundred Sixty (260) feet, thence South Four Hundred Seventy Six (476) feet, thence East Five Hundred Eighty Two and One Tenth (582.1 feet to the place of beginning, containing Nineteen and Sixty -three Hundredths (19.63) acres, more or less, in St. Joseph County, Indiana And Part of the Southeast Quarter (1/4 of the Southeast Quarter (1/4) of Section Five (5), Township Thirty -seven (37) North, Range Two (2) East, described as beginning at the Southwest corner thereof, running thence North Nine Hundred Eighty -eight (988) feet; thence East Three Hundred Thirty (330) feet; thence South and parallel to the West line of the Southeast Quarter (1 /4) of said Section Five (5), Nine Hundred Eighty -eight (988) feet to the South line of said Section Five (5); thence West:on`the_,.South'section line Three Hundred Thirty (330) feet to the place of beginning, containing Seven and Forty -eight Hundredths (7.48) acres, more or less, in St. Joseph County, Indiana. Subject to legal highways. Also commonly known and described as and located at Northwest corner of the intersection of Filmore Road (sometimes known as Linden Avenue) and Lombardy Drive extended North. The realestate above described is unzoned newly annexed real estate and 4. It is desired and requested that the foregoing property be zoned: To A residence Use and A 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: This area. will be sub - divided for single family dwellings. This real estate will be sub - divided into 118 residence lots for single family residence purposes only and 118 single family dwelling houses will be constructed. 6. Number of off street parking spaces to be provided: Each lot will be adequate in area within the requirements of the sub - division ordinance to provide adequate area for off - street parking by residents of the single family dwelling units to.be constructed. 7. Attached is a copy of (a) an existing plot plan showing the 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. Ls/ Neva L. Templeton Signature of Petitioner 19391 Haviland Drive South Bend, Indiana (N.B.) This petition is, as stated, for the zoning of a tract of land newly annexed to the City of South Bend. It is to be used for single family dwellings only and not otherwise. The attached proposed form of plat represents the general sub - division plan but is being revised in accordance with suggestions of the Area Plan Commission and is therefore not to be understood to be the final form which the sub - division plan will take. This petition, being a petition to zone A Residence District and A Height and Area District does not involve an overall site development plan and therefore no such information is required by Section 23 -A of the Zoning Ordinance of the City of South Bend nor can it be nor is it attached hereto. The proposed sib- division plan is attached for information purposes. F. Jay Nimtz Petition prepared by Councilman Grounds made a motion that the Petition be sent to the Area Plan Commission for study. Councilman Reinke seconded the motion. Motion carried. 9,3Qa1 REGULAR MEETING NOVEMBER 24, 1969 PETITIONS Petition to Amend Zoning Ordinance Location: Southwest corner of Eddy St. and Jefferson Blvd. 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, Indianz as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at: Southwest corner of Eddy St. and Jefferson Blvd. 2. The property is owned by: Associates Discount Corporation, an Indiana Corporation 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 (1/2) 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, in St. Joseph County, Indiana, recorded July 15, 1904 in Plat Book 8, page 174; PARK 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 of beginning. m Lot Numbered Two (2) as shown on the recorded Plat of E. Louis Kuhns' Sub - division of the West Half (1/2) 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. 4. It is desired and requested that the foregoing property be rezoned; From B Residential 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: This Real Estate will be used.for a Branch Office of Associates Discount Corporation and a two story building of 122' -0" feet by 74' -0" feet, will be constructed thereon. 6. Number of off street parking spaces to be provided: A paved parking area to accommodate no less than 80 automobiles will be constructed on the premises with adequate drainage and decorative screening. 7. Attached is a copy of: (a) an existing plot plan showing the 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; (c) site development plan. /s/ W. L. Ryan, Vice Pres. Real Estate Signature of Petitioner ASSOCIATES DISCOUNT CORPORATION 1700 Mishawaka Avenue South Bend, Indiana, 46615 Petition prepared by: Arthur W. Frisk, Atty. Councilman Reinke made a motion that the Petition be sent to the Area Plan Commission for study. Councilman Craven seconded the motion. Motion carried. 184 REGULAR MEETING NOVEMBER 24, 1969 I REPORT OF COMMITTEE OF THE WHOLE I To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT E -215, "TRAVELING EXPENSES" IN THE AMOUNT OF $200.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT E -12, "PRO -TEM JUDGE AND JURIES, SPECIAL JUDGE, PAUPER ATTORNEY MENTAL EXAMS AND WITNESS FEES�', IN THE OFFICE OF THE CITY JUDGE, ALL BEING WITHIN THE GENERAL FUND" respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no objections, the report was accepted as read and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702. "(Location: Portage -Maple Rds -- Indiana Toll Road), respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman I There being no objections; the report was accepted as read and placed on file. I REPORT OF COMMITTEE OF THE WHOLE I To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ORDI- NANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (FORMERLY ZONING ORDINANCE 3702)" (Location: East Bank of St. Joseph River, North of Angela Blvd.), respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council favorable, as amended. /s/ William W. Grounds Chairman There being no objections, the report was accepted as read and placed on file. I REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "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, INDIANA, SECTION 40 -1 TO SECTIONS 40 -43, AS AMENDED TO THE EXTENT IT IS STILL EFFECTIVE." (Location: 732 -744 W. Wash.St.) respectfully report that they have examined the matter and that in their opinion the Public Hearing be continued until December 8, 1969. /s/ William W. Grounds Chairman There being no objections, the report was accepted as read and placed on file. I REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF SOUTH BEND, INDIANA (Lilac Rd. - Westminster Church)" respectfully report that they have ex- amined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no objections, the report was accepted as read and placed on file. (I REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE ANNEXING TERRITORY TO THE MUNI- CIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS GENERALLY DESCRIBED AS LIBERTY HIGHWAY (S. R. #23) BY -PASS AND GERTRUDE STREET (LINDEN) ANNEXATION. ", respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no objections, the report was accepted as read and placed on file. REGULAR MEETING NOVEMBER 24, 1969 i REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE ANNEXING CONTIGUOUS LANDS TO THE CITY OF SOUTH BEND, INDIANA, (Location: Grant & Ewing Streets); respectfully report that they have examined the matter and that in their opinion the Ordinance be 'tabled. /s/ William W. Grounds Chairman There being no objections, the report was accepted as read and placed on file. ORDINANCES, THIRD READING ORDINANCE NO. 5124 -69 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT E -215, "TRAVELING EXPENSES" IN THE AMOUNT OF $200.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT E -12, "PRO -TEM JUDGE AND JURIES, SPECIAL JUDGE, PAUPER ATTORNEY, MENTAL EXAMS AND WITNESS FEES ", IN THE OFFICE OF THE CITY JUDGE, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given third reading. Councilman Grounds made a motion that the Ordinance be passed.. Councilman Szymkowiak seconded the motion. There being no discussion on the motion, the Ordinance passed by a roll call vote of 9 ayes ( Councilmen Laven, Craven, Reinke, Allen, Grounds, Szymkowiak, Wise, Palmer, and Zielinski.)O nays. ORDINANCE NO. 5125 -69 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDI- NANCE NO. 3702. (Location: Portage -Maple Rds. -- Indiana Toll Rd.) The Ordinance was given third reading. Councilman Reinke made a motion that the Ordinance be passed.- Councilman Grounds seconded the motion. There being no discussion on the motion , the Ordinance passed by a roll call vote of 9 ayes (Councilmen Laven, Craven, Reinke, Allen. Grounds, Szymkowiak, Wise, Palmer and Zielinski.) 0 nays. ,ORDINANCE NO. 5126 -69 AN ORDINANCE AMENDING AND SUPPLEMENTING ORD. 4990 CHAPTER 40 OF MUNICIPAL CODE (FORMERLY ZONING ORDINANCE NO. 3702). (Location: East Bank of St. Joseph River, North of Angela Blvd.) *for a motion that The Ordinance was given third reading. Council: - President Laven asked* the Ordinance be amended as follows: "The words "site development" be substituted for the word "plot" in the last line in Section I and the word "plot" be deleted from the Ordinance. Councilman Craven so moved. Councilman Grounds seconded the motion. Motion carried. Councilman Grounds made a motion that the Ordinance be passed. Councilman Palmer seconded the motion. There being no discussion on the motion, the Ordinance passed by a roll call vote of 9 ayes (Councilmen Laven, Craven, Reinke, Allen, Grounds, Szymkowiak, Wise, Palmer and Zielinski.) 0 nays. ORDINANCE NO. 5127 -69 AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF SOUTH BEND, INDIANA. (Location: Lilac Rd. - Westminster Church) The Ordinance was given third reading. Councilman Reinke made a motion that the Ordinance be passed. Councilman Craven seconded the motion. There being no discussion on the motion, the Ordinance passed by a roll call vote of 9 ayes (Councilmen Laven, Craven, Reinke, Allen, Grounds, Szymkowiak, Wise, Palmer and Zielinski.) 0 nays. ORDINANCE NO. 5128 -69 AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS GENERALLY DESCRIBED AS LIBERTY HIGHWAY (S. R. #23), BY -PASS AND GERTRUDE STREET (LINDEN) ANNEXATION. The Ordinance was given third reading. Councilman Grounds made a motion that the Ordinance be passed.. Councilman Reinke seconded the motion. There being no discussion on the motion, the Ordinance passed by a roll call vote of 5 ayes, (Councilman Reinke, Laven, Grounds, Wise and Palmer. 4 nays (Councilmen Allen, Craven, Szymkowiak and Zielinski). W_ REGULAR MEETING NOVEMBER 24, 1969 ORDINANCES, FIRST AND SECOND READING fI 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) (Location: Southmore Heights) The Ordinance was given first reading a motion that the Ordinance be given seconded the motion. Motion carried. (ORDINANCES, FIRST AND SECOND READING by title and second reading in full. Councilman Palmer made a public hearing on December 8, 1969. Councilman Reinke AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 - CHAPTER 40 OF THE MUNICIPAL CODE (FORMERLY ZONING ORDINANCE NO. 3702). (Location: 1114 Mayflower Rd.) The Ordinance was given first reading made a motion that the Ordinance be Grounds seconded the motion. Motion ORDINANCES, FIRST SECOND READING by title and second reading in full. Councilman Zielinski given a public hearing on December 8, 1969. Councilman carried. AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS. (Location: 50 ft. adjacent to 600 ft. So. Ireland) The Ordinance was given first reading 'made a motion that a public hearing b the motion. Motion carried. IIORDINANCES, FIRST AND SECOND READING by title and second reading in full. Councilman Grounds e held on December 8, 1969. Councilman Zielinski seconded AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY LYING WEST OF MICHIGAN STREET BETWEEN IRELAND ROAD AND THE BY -PASS. The Ordinance was given first reading by title and second made a motion that a public hearing be held on January 12, the motion. Motion carried. (See notation below)* INANCES, FIRST AND SECOND READING reading in full. Councilman Grounds 1970. Councilman Zielinski seconded AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA WHICH IS COMMONLY KNOWN AS THE GOSS PROPERTY. The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion that the Ordinance be referred to the Annexation Committee and the Engineering Department and that a public hearing be held on December 8, 1969. Councilman Craven seconded the motion. Motion carried. *Councilman Reinke made a motion, seconded by Councilman Grounds that Ordinance be referred to the Annexation Committee and the Engineering public hearing be held on January 12, 1970. Motion carried. MW the (Ireland Rd -By -Pass) Dept. for study and that a Councilman Craven suggested that signs should be put up warning persons not to litter streets with beer bottles and cans. Councilman Allen said many wrong statements were made here tonight about how governmental units operate. She suggested an educational program between the Housing Authority and the people. Council President Laven noted that the downtown renewal project now is in the final stage of execution and said "we should all be proud of the program and the work of the Redevelopment Department. He directed that a letter of commendation be sent from the Clerk to Howard J. Bellinger, Executive director of the Redevelopment Department. There being no further business to come before the Council, Councilman Allen made a motion that Ithe meeting be adjourned. Councilman Craven seconded the motion. Motion carried. Time: 11:55p. IIATTEST : CITY PRESIDENT