02-10-75 Council Meeting Minutes

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REGULAR MEETING FEBRUARY 10 1975 REGULAR MEETING - RECONVENED (CONTINUED) PETITIONS TO AMEND ZONING ORDINANCE (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 "A" Height and Area District. 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed: Sugar 'n Spice Child Care and Development Center (one -story dwelling). 6. Number of off - street parking spaces to be provided: Two (two rooms are used at the Center for classrooms, and there is in existence two available parking spaces. 7. Attached is (a) an original petition and 20 copies; (b) an original ordinance and 25 copies; (c) a $10 filing fee; (d) an existing plot plan showing my property and other surrounding properties; (e) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (f) 5 copies of a site development plan. Petition Prepared By: Constance Ann Shelton s/ Constance Ann Shelton 1226 E. Cedar Street South Bend, Indiana 46617 Council President Parent indicated that action on the petitions would be taken when the ordinances pertaining to said petitions had first reading. ORDINANCES, SECOND READING ORDINANCE NO. 5803 -75 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (1031 Widener Lane). This ordinance had second reading. Councilman Kopczynski made a motion to amend the ordinance to include the following phrase at the end of Section I: and subject to the half right -of -way on Miami being 40 feet and to the development being on city sewer and water. Council President Parent seconded the motion. Councilman Nemeth felt the petitioner should be allowed to speak on the issue since the Council had proposed to amend the ordinance. He again repeated that he wondered about the legality of such an amendment. Councilman Miller also stated that he shared Councilman Nemeth's concern about conditional zoning. He indicated that he would be against that portion of the ordinance. Council President Parent asked that the matter be opener for public hearing again to afford the petitioner an opportunity to speak regarding the amendment. Councilman Kopczynski indicated that he would make such a motion if necessary. It was decided to allow the petitioner an opportunity to speak, at which time, Mr. Chapleau indicated that his client would dedicate the necessary 10 feet for the right -of -way. In view of Mr. Chapleau's statement, Councilman Kopczynski indicated that he would withdraw his motion to amend the ordinance. Councilman Szymkowiak then made a motion that the ordinance pass, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Nemeth, Newburn and Parent) with Councilman Horvath absent ORDINANCE AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED (southwest corner of Ireland and Miami). Councilman Kopczynski made a motion to continue the ordinance to the February 24, 1975, meeting of the Council, seconded by Councilman Taylor. The motion carried. ORDINANCE NO. 5804 -75 AN ORDINANCE APPROPRIATING $6,631.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LAW ENFORCEMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. This ordinance had second reading. Councilman Miller made a motion to amend the ordinance as amended in the Committee of the Whole meeting, seconded by Councilman Taylor. The motion carried. Councilman Miller then made a motion to pass the ordinance, as amended, seconded by Councilman Serge. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Nemeth, Newburn and Parent) with Councilman Horvath absent. ORDINANCE NO. 5805 -75 AN ORDINANCE APPROPRIATING THE SUM OF $4,100.00 FROM THE GENERAL PARK FUND TO ACCOUNT #260.0, "OTHER CONTRACTUAL SERVICES ". This ordinance had second reading. Councilman Szymkowiak made a motion to pass the ordinance, seconded by Councilman Serge. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Nemeth, Newburn and Parent) with Councilman Horvat absent. ORDINANCE NO. 5806 -75 AN ORDINANCE APPROPRIATING THE SUM OF $61,804.51 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO THE GENERAL IMPROVEMENT FUND (northwest sanitary sewer project.) This ordinance had second reading. Councilman Newburn made a motion to pass the ordinance,