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HomeMy WebLinkAbout04-27-71 Council Meeting MinutesM1 REGULAR MEETING - RECONVENED Be it remembered that the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers in the County -City Building on Tuesday, April 27, 1971 at 8:27 p. m. The meeting was called to order by -Council President Robert O. Laven, who presided. 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 April 12, 1971 meeting of the Council and found them correct. They therefore recommend that the same be approved. /s /. Robert 0. Laven Isl Janet S. Allen 7-s7-Albert E. Palmer There being no objections, the report was accepted as read and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS None. REPORT FROM THE AREA PLAN COMMISSION April 22, 1971 The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Re: 627 W. Washington Street Gentlemen: The attached rezoning petition originated by Venture Properties, Inc., an Indiana corporation, was legally advertised on April 3 and April 10, 1971 and was given public hearing on April 20, 1971. The following action was taken at that hearing: After due consideration, it was moved, seconded and unanimously carried that the ordinance be recommended favorably to the Common Council of the City of South Bend. Excerpts from the minutes of the Area Plan Commission meeting will be forwarded to you at a later date. HB:eb Attach Very truly yours, /s/ Howard Bellinger Executive Director f There being no objections, the report was accepted and placed on file. (REPORT FROM THE AREA PLAN COMMISSION April 22, 1971 The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Gentlemen: Re: Pleasant View Manor The attached ordinance originated by the Area Plan Commission was legally advertised on April 3 and April 10, 1971 and was given public hearing on April 20, 1971. The following action was taken at that meeting: After due consideration, it was moved, seconded and unanimously carried that the ordinance be recommended favorably to the Common Council of the City of South Bend Excerpts from the minutes of the Area Plan Commission meeting will be forwarded to you at a later date. Very truly yours, /s/ Howard Bellinger, Executive Director iB ; eb kttach There being no objections, the report was accepted and placed on file. REGULAR MEETING APRIL 27, 1971 REPORT FROM THE AREA PLAN COMMISSION April 22, 1971 The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Re: Portage -Maple Roads Gentlemen: The attached ordinance originated by the Area Plan Commission was legally advertised on April 3 and April 10, 1971 and was given public hearing on April 20, 1971. The following action was taken at that hearing: After due consideration, it was moved, seconded and unanimously carried that the ordinance be recommended favorably to the Common Council of the City of South Bend. Excerpts from the minutes of the Area Plan Commission meeting will be forwarded to you at a later date. Very truly yours,# /s/ Howard Bellinger, Executive Director HB:eb Attach There being no objections, the report was accepted and placed on file. PETITIONS 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 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 123 East - Ireland, South Bend, Indiana. 2. The property is owned by Helen Bassett Bartol, life tenant and Lessor, Lester E. Bassett and Barbara E. Bassett, husband and wife, and James M. Bassett and Patricia A. Bassett, husband and wife, and leased to American Oil Company. 3. A legal description of the property is as follows: A parcel of land located in the Northwest 1/4 of Section 25, Township 37 North, Range 2 East, bounded by a line running as follows: Begin- ning at a point with is a distance of 1,490.25 feet West of the Southeast corner of the Northwest 1/4 of Said Section 25; running thence North a distance of 170.2 feet; thence West a distance of 145.45 feet, more or less, to the Eastern most boundary of the parcel which is presently zoned C -1 Commercial; thence South along the said zoning boundary a distance of 170.2 feet; thence Eaat to the place of beginning, and subject to all legal highways of record. 4. It is desired and requested that the foregoing property be rezoned From "A" Residential Use and "A" Height and Area District TO "C -1" 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 service station to be re- designed and reconstructed in accordance with the plans submitted herewith. 6. Number of off street parking spaces to be provided; According to the plan there are six specifically provided for, but as in the case of all service stations, there is actual provision for quite a few although not specifically defined and located. 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/ Bruce H. Stewart Doran, Manion, Boynton & Kamm 725 St. Joseph Bank Building South Bend, Indiana 46601 Attorney for Petitioners Petition prepared by Bruce H. Stewart Councilman Grounds made a motion, seconded by Councilman Palmer that the Ordinance be sent to the Area Plan Commission for further study. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman. Wise) REGULAR MEETING APRIL 27, 1971 PETITIONS Petition to amend Zoning Ordinance Re: Portage, Maple- Indiana Toll Road r- 5 . ex� This petition was submitted to the Council on the July 28, 1969 agenda and is recorded on Page 213 of this Council Record Book. The developer failed to meet the building deadline and therefore lost the zoning and is requesting the Council to again consider the proposed zoning of the area. Councilman Grounds made a motion, seconded by Councilman Szymkowiak, that the Petition be referred to the Area Plan Commission for study. Their motion was withdrawn. Council- man Craven made a motion, seconded by Councilman Grounds, that this petition be attached to the Ordinance ( #18 on the agenda) on the agenda for First & Second Reading, thereby eliminating the need for fg;gnrring the petition to Area Plan Commission. In the discussion on the motion Council - President recommended that the Clerk send a communication to the Area Plan Commission requesting clarification and correction of the legal description discrepancy. Councilman Craven's motion carried 8 ayes, 0 nays, 1 absent (Councilman Wise). PETITIONS 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 at 3306 South Fellows Street, South Bend, Indiana. 2. The property is owned by Charles D. Nettrouer and Genevieve B. Nettrouer and is presently under option to Lawrence H. Garatoni. 3. A legal description of the property is as follows: Part of the Northwest Quarter (1/4) of the Southeast Quarter (1/4) of Section Twenty - four (24), Township Thirty -seven (37) North, Range Two (2) East, described as begin- ning at a point Nine Hundred Forty -three and Fifty -four Hundredths (943.54) feet South of the Northwest corner of the Northwest Quarter of the Southeast Quarter; running thence East Five Hundred Fifty -seven and Fifty -two Hundredths (557.52) feet; thence South One Hundred Sixty (160) feet; thence West Five Hundred Fifty -seven and'Fifty -two Hundredths (557.52) feet; thence North to the place of beginning, excepting therefrom a tract of land described as beginning at the Northwest corner of the above described parcel, running thence South Eighty (80) feet; thence East One Hundred Ninety (190) feet; thence North Eighty (80) feet; thence West One Hundred Ninety (190) feet to the place of beginning, being located on South Fellows Street, South Bend, Indiana. 4. It is desired and requested that the foregoing property be rezoned: From "A" Residential Use and "A" Height and Area District To "B" Residential Use and "A" Height and Area District. 5. It is proposed that the property will be put to the following use and the following build- ings will be constructed: Child Day Care Center. 6. Number of off street parking spaces to be provided: Eleven (11) parking spaces. 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 sought to be rezoned; (c) site development plan. OPTIONORS: Charles D. Nettrouer Geneieve B. Nettrouer OPTIONEE: Lawrence H. Garatoni By: BINGHAM, LOUGHLIN & MEANS /s/ Patrick J. McNamara, Atty. Attorneys for Petitioners Petition prepared by Bingham, Loughlin & Means Patrick J. McNamara, 402 Lincoln Way East, Mishawaka, Indiana 46544 - Phone: 255 -9616 Councilman Palmer made a motion, seconded by Councilman Zielinski, that the petition be referred to the Area Plan Commission for further study. Motion carried. 8 ayes, 0 nays, 1 absent (Counci man Wise). REPORTS OF THE COMMITTEE OF THE WHOLE _ P Council- President Laven entertained a motion to waive the reading of the Committee of the Whole Reports. Councilman Allen so moved, seconded by Councilman Palmer. Motion carried unanimously. P3 REGULAR.MEETING APRIL 27, 1971 ORDINANCES, THIRD READING ORDINANCE NOT PASSED (WITHDRAWN) AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, - GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE, BEING ORDINANCE NO. 4990 -68, AS AMENDED, (FORMERLY ORDINANCE NO. 3702), BY ADDING PROVISIONS DEALING WITH MOBILE HOME PARKS Councilman Grounds made a motion, seconded by Councilman Reinke, that the above ordinance be withdrawn from the agenda. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman Wise). (ORDINANCES, THIRD READING ORDINANCE NO. 5290 -71 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA - 1962 SECTION 40 AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND, AS AMENDED (United States Post Office). The Ordinance was given third reading. Councilman Reinke, made a motion, seconded by Councilman Grounds, for passage of the ordinance. Council- President Laven {entertained.a motion that the Redevelopment Department furnish the Council with a letter informing them of the final field legal survey when it is completed and send it to the City Clerk for completion of the ordinance file. Councilman Craven so moved, seconded by Councilman Zielinski. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman Wise). There being no further discussion on the motion, the ordinance was passed by a roll call vote of 8 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szym- kowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). IIORDINANCE NO. 5291 -71 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTE- WATER TREATMENT PLANT OF SOUTH BEND, INDIANA AND E. L. ZIMMERMAN CO., INC. OF MISHAWAKA, INDIANA, FOR FURNISHING AND INSTALLING PIPING, VALVES, ETC., FOR SLUDGE DRAW -OFF DIGESTER NOS. 2 AND 4, IN THE AMOUNT OF $35,511.00. The Ordinance was given third reading. Councilman Craven made a motion, seconded by Councilman Grounds, for passage of the ordinance. There being no discussion on the motion, the ordinance was passed by a roll call vote of 8 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). IIORDINANCES, FIRST AND SECOND READING IIORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND; INDIANA (627 W. Washington Street) The ordinance was given first reading by title made a motion, seconded by Councilman Grounds, May 10, 1971. Motion carried. 8 ayes, 0 nays, 11ORDINANCE and second reading in full. Councilman Reinke that the ordinance be set for public hearing on l absent (Councilman Wise). AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA - 1962 SECTION 40 AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANY- ING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (Commonly known as Lot #2, Pleasant View Manor Addition) The ordinance was given first reading by title made a motion, seconded by Councilman Grounds, May 10, 1971. Motion carried. 8 ayes, 0 nays, ORDINANCE and second reading in full. Councilman Reinke that the ordinance be set for public hearing on 1 absent (Councilman Wise). 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 N0. 3702. (Portage -Maple &Indiana Toll Road) The ordinance was given first reading by title and second reading in full. Councilman Craven made a motion that a memo be sent to the Area Plan Commission requesting a clarification of the legal description discrepancy. Councilman Szymkowiak seconded the motion. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman Wise). Councilman Grounds made a motion, seconded by Councilman Reinke, that the ordinance be set for public hearing on May 10, 1971. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman Wise). Mr__ REGULAR MEETING ORDINANCES, FIRST AND SECOND READING (Continued) ORDINANCE APRIL 27, 1971 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE, BEING ORDINANCE NO. 4990 -68, AS AMENDED, (FORMERLY ORDINANCE NO. 3702), BY ADDING PROVISIONS DEALING WITH MOBILE HOME-.PARKS. The ordinance was given first reading by title and second reading in full. made a motion, seconded by Councilman Craven, that the ordinance be set for May 10, 1971. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman Craven). UNFINISHED BUSINESS Councilman Reinke public hearing on Councilman Allen reported that City Controller James Bickel said his office is working on the Controller's reports and will submit them to the Council as soon as they are prepared. Councilman Laven asked that the Sewers & Drains Committee have a report ready to submit to the Council at the May 10, 1971 meeting concerning the ordinance establishing a schedule of rates and charges for services rendered by the Wastewater Treatment Plant to areas outside the Corporate limits of the City of South Bend. He stated this ordinance was referred to the Com- mittee for study at the March 8, 1971 meeting. Chairman Albert Palmer said the committee would comply with the request. Councilman Reinke asked the City Attorney and City Controller to prepare the ordinance appropria ing funds to recodify the South Bend City Code and submit it at the May 10, 1971 meeting. Councilman Craven asked City Attorney S. J. Crumpacker if the question of the Council over - riding an Area Plan Commission decision has ever been settled. Mr. Crumpacker said perhaps Mr. Eli Miller should be contacted for information as to whether legislation has been passed concerning the matter. There being no further business to come before the Council, Councilman Reinke moved for adjourn- ment. Councilman Palmer seconded the motion. Time: 9:25 p. m. ATTEST: TY C J APPROVED: PRESI