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Home My WebLink About12-08-69 Council Committe of the Whole Meeting MinutesREGULAR MEETING DECEMBER 8, 1969 REGULAR MEETING DECEMBER 8, 1969 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers in City Hall for their last meeting on December 8, 1969, with all members present. Time: 8:15 p.m. The meeting was called to order by Council - President Robert 0. Laven. The invocation was given by Reverend Matt Kafka, St. Adalberts Church, South Olive Street, South Bend, Indiana. ROLL CALL PRESENT Councilmen Laven, Craven, Allen, Reinke, Grounds Szymkowiak, Wise, Palmer and Zielinski. ABSENT None. Council- President Laven entertained a motion to resolve the Council into the Whole on the state of the City to consider the items listed on the agenda for of the Committee of the Whole. Councilmen Grounds made the motion to resolve of the Whole. Councilman Reinke seconded the motion. Motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of of the Whole in the Council Chambers of City all members present. The meeting was called (ORDINANCE Committee of the the consideration into the Committee the City of South Bend, Indiana met in the Committee Hall on Monday, December 8, 1969, at 8:17 p.m., to order by Chairman William W. Grounds, who presided, AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED COWONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Chapter 40, Municipal Code).(Southmor Hei.ghtsT and opponen This being the time heretofore set for public hearing on the above Ordinance, proponents /were given an opportunity to be heard thereon. Attorney Jack Dunfee represented the petitioners and explained the area was owned by the Southmore Heights Mutual Housing Corporation. It is a 19- acre tract to be used for apartment house construction. He stated they were also constructing Chippewa Street at their expense. Speaking against the traffic problem which may result in this area was Mr. Gerald Knepper, 815 Dover Dr.. City Engineer Lloyd Taylor said traffic problems are never solved until they exist. He said this problem will be solved as it has been in other parts of the city. Councilman Palmer made a motion that the Ordinance go to the Council as favorable, Councilman Reinke seconded the motion. Motion carried. 1 nPnTNAMrR AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS. (50 ft. tract adjacent to 600 ft. S. Ireland Rd.) (See Ord. #5114 -69) and opponents This being the time heretofore set for public hearing on the above Ordinance, proponents /were given an opportunity to be heard thereon. Attorney Jack Dunfee represented the petitioners Robert R. Allen and Dorothy A. Allen, stating that this parcel of land was adjacent to a piece of land annexed recently by the Council. Councilman Allen made a motion that the Ordinance go to the Council as favorable. Councilman Craven seconded the motion. Motion carried. (ORDINANCE AN ORDINANCE AMENDING SECTION 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED ALSO KNOWN AS ORDINANCE NO. 4990, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, (LocationS.R. #23,Vaness St.,Turtle Creek Apt. - Kroger Store) and opponents This being the time heretofore set for public hearing on the above Ordinance, proponents/were given an opportunity to be heard thereon. Mr. Doug Carpenter, Area Plan Commission representative, stated that this Ordinance was initiated by the Area Plan Commission. He explained that this was a 10 -acre tract on the northwesterly side of South Bend Ave.,North of Edison Rd. and will be used for the construction of multiple - family residential -and commercial use for the Turtle Creek Apartments and Kroger Store. (Councilman Laven made a motion that the Ordinance be amended to read as follows: Section I, second paragraph, after the words "zoned "B" Residential Use and Area District" insert a comma after the word District and add the words "conforming to plan attached Councilman Allen seconded the motion. Motion carried. Councilman Laven made Ordinance go to the Council favorable as amended. Councilman Craven seconded carried. and "A" Height the site development hereto :" a motion that the the motion. Motion COMMITTEE OF THE WHOLE MEETING 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, INDIANA, SECTION 40 -1 TO SECTIONS 40 -43, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE. DECEMBER 8, 1969 This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Attorney Peter Nemeth, Jr. represented the petitioners, the Nemeth family, who has given the Marathon Oil Company an option to buy the property for construction of a service station. Those speaking against the rezoning were: Mr. Robert 0. Kuehl, 2002 Ribourde Dr., who represented Mr. Joseph D. Oliver, grandson of James.D. Oliver, who financed the construction of City Hall; Mr. Stephen S. Stavron, 733 W. Washington Street; and Mr. Peter Bognar, 805 W. Washington St. and Mr. William R. Cressy, 802 W. Washington Street, who presented a petition containing sixty -nine signatures objecting to the zoning. Councilman Wise made a motion that the Ordinance go to the Council as unfavorable, Councilman Reinke seconded the motion. Councilman Wise amended his motion, and made a motion for a five - minute recess. Councilman Laven seconded the motion. Motion carried. Time: 9:30 p.m. Reconvened 9:36 p.m. Councilman Laven stated the latest plan for this area from the Model Neighborhood Planning Group will not be ready until Spring of next year, and he asked that Councilman Wise's motion should remain. Councilman Wise made a motion the Ordinance go to the Council as unfavorable. Councilman Reinke seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 - CHAPTER 40, OF THE MUNICIPAL CODE. (FORMERLY ZONING ORDINANCE NO. 3702)(Location: 1114 Mayflower Rd.) This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Councilman Reinke stated the Ordi- nance was recommended favorably by the Area Plan Commission. and made a motion that the Ordinance go to the Council as favorable. Councilman Zielinski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE ANNEXING - TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA WHICH IS COMMONLY KNOWN AS THE GOSS PROPERTY. Councilman Laven read the following report from the Ordinance Committee: December 8, 1969 Your Committee: The Ordinance Committee To whom was referred "AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS COMMONLY KNOWN AS THE GOSS PROPERTY" respectfully report that they have examined the matter and that in their opinion, The Ordinance be acted on favorably as it is needed to adjust for errors made in previous annexation ordinances, which by their legal descriptions, inadvertently left the subject property out of the City, and hence, surrounded by property within the City limits. /s/ Robert 0. Laven Chairman Councilman Craven made a motion that the Ordinance go to the Council as favorable. Councilman Palmer seconded the motion. Motion carried. ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS THE FILLMORE ROAD, MAYFLOWER ROAD, PENN CENTRAL, CITY LIMITS ANNEXATION. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. City Engineer Lloyd Taylor explained the proposed area under consideration for annexation. Councilman Laven stated the reasons for annexations: " The basic assumption is that the central city is the hub of the metropolitan area and tax dollars are needed to support it." Remonstrating against the Ordinance were: Edward Galvas, 55121 Chamberlin Drive, South Bend ;(He submitted a petition with about 80 names on it) Delmar Sparks, 23334 W. Colfax, South Bend; Daniel Korsis, 55860 Grandview, South Bend; Delbert Hosinski, Nash Street, South Bend; Marie Miller, Sunset Boulevard and Noreen Banning, who stated she lived in City of South Bend. Councilman Allen made a motion that the Ordinance be tabled until January 12, 1970 and the Council portion of the Committee of the Whole be continued at that time. Councilman Zielinski seconded the motion. Motion carried. Councilman Laven called for a question on the motion. 7 ayes (Craven, Allen, Grounds, Szymkowiak� Wise, Palmer and Zielinski) 2 nays (Reinke and Laven.) r— COMMITTEE OF THE WHOLE MEETING (ORDINANCE DECEMBER 8, 1969 AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS THE V.F.W. PROPERTY ON FILLMORE ROAD. I This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. City Engineer Lloyd Taylor explained that the area to be annexed contained 2.4 acres and was surrounded by city territory now and he recommended that the Council annex the area. Councilman Laven made a motion that the Ordinance go to the Council as favorable, Councilman Craven seconded the motion. Motion carried. 7 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Wise, Palmer) 2 nays (Szymkowiak and Zielinski) There being no further business to be considered in the Committee of the Whole, Councilman Grounds entertained a motion to rise and report to the Council. Councilman Allen so moved. Councilman Zielinski seconded the motion. Motion carried. Time 10:30 p.m. 1 ATTE ST : APPROVED: 0