11-09-92 Council Meeting Minutes

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Im REGULAR MEETING NOVEMBER 9, 1992 BILL NO. 53 -92 A BILL AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA TO CREATE A RIVER BEND HISTORIC PRESERVATION DISTRICT. This bill was continued from October 26, in the public hearing portion. Council Member Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Fred Holycross, Director of Historic Preservation, indicated the proposed area has been reduced, and it was the staff's opinion the district as now proposed meets the requirements locally, as well as nationally, of an historic district. Catherine Hostetler, 708 N. St. Joseph, indicated 71% of the remaining property owners favored this designation. Mike Keen, 1535 Riverside Dr.; Linda Fritschner, 629 Riverside Dr., spoke in favor of this designation. Christian Luciani, 215 Hammond Place, asked that five homes on the north side of Hammond Place be allowed to leave the district. He indicated to cut the district up the way it is now proposed would not benefit the Historic District. Ed Tally, 1081 Riverside, indicated he was against this designation because this district was being used as a zoning pawn. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Luecke. The motion carried on a roll call vote of eight ayes and one nay (Council Member Washington.) BILL NO. 71 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH MICHIGAN STREET AND FARNEMAN STREET IN SOUTH BEND, INDIANA. This being the time heretofore for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas gave a unfavorable report from the Zoning and Vacation Committee John Byorni, Area Plan, gave the staff report which was unfavorable. Kenneth Fedder, attorney, made the presentation for the bill. He indicated this zoning was being sought by AutoZone Inc. He indicated South Michigan had a heavy traffic use, and most of the traffic will be entering from Michigan Street. Jeannie DuBois, 133 E. Tasher, spoke against this zoning, she indicated this area has a lot of small children and increased traffic would endanger their safety. She presented a petition signed by 20 of the staff people at Monroe School against this zoning. Carol Derucki, 126 Farneman, spoke against this zoning. She indicated this area was residential even on South Michigan. She presented a petition with 185 signatures against this zoning. Mark Hohulin, 3218 S. St. Joseph; Ray Derucki, 126 Farneman; Gary Seiber, 149 E. Tasher; Daniel Papp, 122 E. Farneman; spoke against this zoning. Council Member Kelly made a motion to recommend this bill to the Council unfavorable, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to recess, seconded by Council Member Kelly. The motion carried and the meeting was recessed at 8:40 and reconvened at 8:50 p.m. BILL NO. 32 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2610 PRAIRIE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA, FOR BRUNO & ROSA CATALDO OF 2610 PRAIRIE AVENUE, SOUTH BEND, IN 46614. This being the time heretofore set for public hearing on the above bill proponents and opponents were given an opportunity to be heard. John Byorni, Area Plan, gave the commission report, which came to the Council with no recommendation, and he indicated the staff recommends this be declined. Ken Fedder, attorney, made the presentation for the bill. He indicated this restaurant was formerly Ettl's grocery store which he converted in the late 70s. He indicated this property was zoned to "C" commercial in 1979, and rezoned again in 1985, however, a final site plan was not filed for either zoning and they reverted back to "A" residential. He indicated they were requesting this "C" zoning to legalize the existing building and we will need to zone additional land for parking. Mike Danch, Peirce & Associates, indicated the parking requirements is 179 cars, however, they designed the proposed lot with 189 parking spaces, added a 6 foot wood screening fence, and a large retention basin. Bruno Cataldo, 2610 Prairie, indicated he would try to do his best not to cause trouble with the neighbors. John Cataldo, 22027 St. Rd. 23, indicated he is now involved with the restaurant full -time. He indicated the future of Bruno's Pizza was his future. John Hamilton, attorney, 3429 Locust Road, indicated the neighbors have had on -going problems with Bruno's. Carolyn Vandeputte, 2510 Prairie, indicated that because of the garbage and junk that has been tossed on the property, instead of in a dumpster, she had rats on her property. Diana Bordon, 2731 Locust Rd., indicated a parking lot would never clean up the mess on this property. Don Nowicki, 519 W. Calvert, president Rum Village Neighborhood Association, indicated Mr. Cataldo has not been a good neighbor. He asked that this petition be denied. Mike Thielke, 2528 Prairie, indicated this property has been used as a landfill and junk yard for 17 years. Kathy Dempsey, Director of Code Enforcement, indicated this property was cited in May for numerous items. She indicated that a week ago the property was finally in compliance. Council Member Zakrzewski made a motion to recommend this bill to the Council unfavorable, seconded by Council Member Luecke. The motion carried on a roll call vote of five ayes and four nays (Council Members Puzzello, Coleman, Duda and Ladewski.) BILL NO. 72 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN PENN TOWNSHIP CONTIGUOUS THEREWITH; NORTHEAST CORNER OF IRONWOOD ROAD AND KILLINGTON WAY.