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HomeMy WebLinkAbout11-28-66 Council Meeting MinutesREGULAR MEETING November 1966 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of City Hall in Regular Session, Monday, November 28, 1966 at 8 :05 P.M., with all members present. The meeting was called to order by President John L. Hunter, Jr., who presided. ROLL CALL PRESENT: Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski ABSENT: None REPORT OF 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 examined the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ John L. Hunter, Jr. /s/ Janet S. Allen /s/ Albert E. Palmer Meeting of November 14, 1966 There being no objections, the report was accepted as read and placed on file. PETITION 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 3000 East Jefferson Blvd., South Bend, Indiana 2. The property is ocned by The Light Company, Inc. 3. A legal description of the property is as follows: The West one -half of the North East quarter of Section No. 8 Township No. 37 North, Range No. 3 East, now within and a part of the City of South Bend, excepting therefrom the following described parcels of land, to -wit: Beginning at the Northwest corner of the North East Quarter of said Section No. 8; running thence South along center line of said Section a distance of 4552 feet; thence East 232 feet; thence North 4552 feet to the North line of said Section No. 8; thence West along said North line 232 feet to the place of beginning. Beginning on the North line of said Section No. 8 at a point 232 feet East of the Northwest corner of the Northeast Quarter of said Section: thence running East along the North line of said Section No. 8 a distance of 390.84 feet to the point of intersection of said North line with the Norhherly line of U.S. Highway No. 20 (McKinley) thence South 40 feet to the center line of said highway; thence Westerly along the center line of said highway to a point 232 feet East of the North and South center line of said Section No. 8; thence North parallel with and 232 feet East of the North and South center line to the place of beginning. Beginning at the Southeast corner of the West one -half of the Northeast quarter of said Section No. 8; running thence North on the East line of the West one -half of the North East Quarter of said Section No. 8 to the North line of Washington Street, projected East and West; thence West on the North line of Washington Street, projected East and West, a distance of 30 feet; thence South parallel with the East line of the West half of the North East quarter of said Section to the South line of said quarter section; thence East to the place of beginning, dedicated to the City of South Bend for highway purposes. Beginning at a point 340 feet South of and 232 feet East of the North quarter section corner of said Section No. 8; thence North (bearing assumed) 150 feet to a point on the South line of McKinley Avenue (U.S. Highway 20) at a distance of 40 feet from and measured at right angles with the center line of said McKinley Avenue and 232 feet East of the North and South center line of said Section No. 8; thence in a Northeasterly direction on a curve to the left for a radius of 1114.38 feet and limited in length by a chord of 152.94 feet to a point on the South line of McKinley Avenue 40 feet from and measured at right angles with the center line of said McKinley Avenue and 382 feet East of the North and South center line of said Section No. 8; thence South 104.67 feet; thence South 18026' West 79.06 feet; thence West 125 feet to a point which is 232 feet East of the North and South center line of Section No. 8, which is the place of beginning. Beginning at the Northeast corner of the West half of the Northeast quarter of said Section No. 8; thence South along the East line of the West half of the North East quarter of Section No. 8 for a distance of 1294.60 feet to the North line of Washington Street; thence West along the north line of Washington Street for a dis- tance of 30 feet to the West line of Thirty -third Street; thence South along the West line of Thirty -third Street for a distance of 137 feet; thence West along a line that is parallel to the North line of Jefferson Boulevard for a distance of 678.89 feet; thence Northerly for a distance of 360.18 feet to a point that is 463.35 feet East of the West line of the Northeast quarter of.Section No. 8; thence along a curve with a deflection to the right of 24 degrees, a tangent of 200 feet and a radius of 940.93 feet for an arc distance of 394.14 feet; thence North along the tangent of this curve produced North for a distance of 413.97 feet; thence East for a distance of 175 feet; thence North to the centerline of McKinley Highway (V.S. Highway 20) to a point that is 557 feet East of the West line of the Northeast quarter of Section No. 8; thence Easterly along the centerline of McKinley Highway to the point of beginning. All land lying North of a point located 455.5 feet South of the North line of said Northeast quarter section, running parallel to said North line. (Continued) REGULAR MEETING NOVEMBER 28, 1966 PETITION (Continued) 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 B Height and Area District 5. It is proposed that the property will be put to the following use and the following buildings will be con- structed: Garden type apartments of two(2) and three (3) story design.Overall development consists of twenty -eight (28) units which will produce approximately nine hundred fifty (950) rental units. Overall project planned in three (3) or four (4) phases. Phase one provides for five (5) two (2) story units: providing a total of one hundred forty (140) rental units. Overall development will run between three (3) to five (5) years. 6. Number of off street parking spaces to be provided Overall - approximately - 1,520 Phase 1 - open lot spaces 212 carport spaces 12 224 7. Attached is a copy of: a.) an existing plot plan showing my property and other surrounding properties; b.) names and addresses of all individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; c.) site development plan. THE LIGHT COMPANY,'INC. By: /s/ H. Light Signature of petitioner 3000 East McKinley Avenue, South Bend, Indiana Douglas D. Seely, Jr. Jones, Obenchain, Johnson, Ford and Pankow 801 Odd Fellows Building South Bend, Indiana Petition prepared by Councilman Szymkowiak made a motion that the petition be referred to the Area Plan Commission. Councilman Allen seconded the motion. Motion carried. REPORT OF AREA PLAN COMMISSION October 24, 1966 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached zoning ordinance amendment was legally advertised under date of October 8 and 15 and given public hearing on October 18, 1966. The following action was taken: After due consideration it was moved, seconded and unanimously carried that the ordinance be recommended favorably to the Common Council. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the excerpts of the minutes attached hereto and made a part of this report. Very truly yours, /s/ John K. Wilson Executive Director There being no objections, the report was accepted and placed on file. REGULAR MEETING NOVEMBER 28 196 REPORT OF AREA PLAN COMMISSION November 21, 1966 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached ordinance was legally advertised under date of November 5 and 12 and given public hearing on November 15, 1966. The following action was taken: After due consideration it was moved, seconded and unanimously carried that the ordinance be recommended favorably to the Common Council. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the excerpts of the minutes attached hereto and made a part of this report. Very truly yours, /s /John K. Wilson Executive Director There being no objections, the report was accepted and placed on file. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AMENDING SECTION 40 -8 -c OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED ALSO KNOWN AS ORDINANCE NO. 3702, THE ZONING ORDINANCE OF . THE CITY OF SOUTH BEND, INDIANA, AS AMENDED The Ordinance was given first reading by title and second reading in full. Councilman Geib made a motion that the Ordinance be set for public hearing on December 12, 1966, and the words "these same" be added follow- ing the word "requesting "; after the City Attorney has given his legal opinion. Councilman Wise seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AMENDING SECTION 40 -17 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED,.ALSO KNOWN AS SECTION 4 OF ORDINANCE NO. 3702, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED The Ordinance was given first reading by title and second reading in full. Councilman Smith made a motion that the Ordinance be set for public hearing on December 12, 1966. Councilman Laven seconded the motion. Motion carried. RESOLUTION NO. 146 -66 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN THE "OTHER EQUIPMENT" ACCOUNT OF THE FIRE.DEPARTMENT IN THE AMOUNT OF $3,100.00 AND THE TRANSFER OF THE SAME FROM THE "LAND" ACCOUNT IN THE SAME CATEGORY, TO -WIT: `_'PROPERTIES ", AND ALL BEING IN THE GENERAL 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 than was appropriated in the annual budget for the various functions of City Government to meet such extraordinary contingencies; and WHEREAS, Additional funds for additional fire hose and couplings are urgently needed by the Fire Department to assure its ability to properly perform its function and the sum of $3,100.00 is needed forthwith; and WHEREAS, A surplus exists in another account where it is not presently needed; and more specifically as follows, to -wit: 1. Three Thousand One Hundred Dollars ($3,100.00) in ACCOUNT Q -73 designated as "land ". NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of $3,100.00 be transferred from ACCOUNT Q -73 designated as "Land" by transferring it to the following account, to -wit: 2. Three Thousand One Hundred Dollars ($3,100.00) to ACCOUNT Q- 726 designated as "Other Equipment ", both of said accounts being in the same category, to -wit: "Properties? of the Fire Department. /s/ Janet S. Allen Member of the Common Council Cecil McHenry, Fire Chief, spoke in favor of the Resolution and explained its need. Councilman Smith made a motion to adopt the Resolution by a roll call vote. Councilman Palmer seconded the motion. Motion carried. Resolution adopted by a roll call vote of 9 ayes, 0 nays, 0 absent. : 1 . C ul � � � ui: .FS • . . RESOLUTION NO. 147 -66 RESOLUTION FOR ADDITIONAL APPROPRIATION IN THE PARK GENERAL FUND ($2,000.00) AND THE TRANSFER OF THE SAME FROM ONE ACCOUNT TO ANOTHER IN THE SAME CATEGORY OF THE PARK GENERAL 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 than was appropriated in the annual budget for the various functions of the Department of Public Parks to meet such extraordinary emergencies, and WHEREAS, it has been ascertained that a certain account in the Park General Fund has more money than is needed at this time. Section I. That the following account be reduced in the amount set opposite said account: Acct. No. Classification Item Amount 224 Services Contractual Water & Sewage $2,000.00 Section II. That the following account be increased in the amount set opposite said account: Acct. No. Classification Item Amount 221 Services Contractual Electric Current $2,000.00 NOW, THEREFORE, BE IT RESOLVED BY the Common Council of South Bend that the sum of $2,000.00 be transferred from Account 224 to Account 221 as set out above in Sections I and II of this resolution. That the transfer of funds as set forth in Section I and Section II are required for the proper and efficient operation and function of the Department of Public Parks of South Bend, Indiana, and an extraordinary emergency is declared to exist concerning the foregoing transfer. /s/ Robert 0. Laven Member of the Common Council Councilman Smith read a communication from James Seitz, Park Board Secretary, which explained the need for the appropriation. Also speaking in favor of the Resolution was Mr. Ralph Newman, Park Superintendent. Councilman Laven made a motion that the Resolution be adopted by a roll call vote. Councilman Smith seconded the motion. Motion carried. Resolution adopted by a roll call vote of 9 ayes, 0 nays, 0 absent. NEW BUSINESS COMMITTEE REPORT To the Common Council of the City of South Bend: Your Committee on Annexation to whom was referred the annexation of land generally described as beginning at the Southwest corner of the North- west one quarter (NW 1/4) of the Southwest one quarter (SW 1/4) of Section Thirty (30) Township Thirty -seven North (T37N), Range Three East (R3E) which point is also in the center of Miami Road, Thence: East forty feet (40') to the East Right -of -Way line of Miami Road, Thence: South five hundred and sixty feet (560') more or less along the said East Right -of -Way line of Miami Road to a point where said Right -of -Way line intersects the present city limits line, Thence: West along the present city limits line, which line is also the North line of the Jackson High School property, a distance of two thousand six hundred and forty -two and eleven hundredths feet (2642.111) to the North and South centerline of Section Twenty -five (25) Township Thirty -seven North (T37N), Range Two East (R2E), Thence: South along said centerline a distance of one hundred twenty -seven and sixty -three hundredths feet (127.63' Thence: West along the centerline of Hartman Avenue extended, a distance of six hundred twenty -four feet (624.00'), Thence: North a distance of three hundred and six tenths feet (300.6') to the South line of Reasor Street and the northerly Right -of -Way line of the U.S. 31 interchange, Thence: Northwesterly along the Northerly Right -of -Way line of U.S. 31 interchange to the point of intersection with the South line of Callander Street, Thence: West along the South line of Callander Street to the East Right -of -Way line of U.S. 31, Thence: Northeasterly along the East line of U.S. 31 to a point ninety -seven and tewnty -five hundredths feet (97.25') South and fifty feet (501) East of the center of the intersection of U.S. 31 and Ireland Road, Thence: Northeasterly to a point in the South Right -of -Way line of Ireland Road and one hundred twenty -five (1255 East of the centerline of U.S. 31, Thence Northerly a distance of sixty feet (60') to a point in the North Right -of -Way line of Ireland Road and one hundred twenty -five feet (125') East of the centerline of U.S. 31, Thence: East along the north line of Ireland Road a distance of nine hundred and nine and forty -four hundredths feet (909.44') to the existing city limits, Thence: Continuing along the present city limits line to the point of beginning All in Section 25, Township 37 North, Range 2 East and Section 30, Township 37 North Range 3 East, Centre Township, St. Joseph County, Indiana, containing 155 acres more or less. (Continued) n 1 (Continued) All of which is generally portrayed by the attached sketch. Respectfully report that they have examined the matter and that in their opinion this should be referred to the Area Plan Commission in accordance with the proper procedures set forth by the applicable law. /s/ Richard G. Geib Chairman Councilman Geib made a motion that the Report be accepted by the Council and forwarded to the Area Plan Commission for proper proceedings in accordance with the applicable law. Councilman Laven seconded the motion. Motion carried. There being no further business before the Council, Councilman Smith made a motion to adjourn. Councilman Muszynski seconded the motion. Motion carried. Council adjourned at 8:35 P.M. ATTEST: APPROVED: