07-13-81 Council Meeting Minutes

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I S' cZ . REGULAR MEETING JULY 13, 1981 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Richard Bonewitz, attorney for the petitioners, made the presentation for the bill. He indicated they were petitioning to rezone this property from "A" Residential to "B" Residential, for use as a medical office. He described the general area and indicated it was compatible with the usage of this kind. He indicated this home was in need of renovation and repair. He indicated this home was 6,000 square feet, and it was doubtful that it would be purchased as a single family dwelling, due to the size, as well as the need for extensive repair. Dr. Gardner, one of the petitioners, indicated they planned to restore this home to its former beauty. Dan Brewer, 1214 Woodward, John Hornbuckle, 617 Park Ave., Loretta Beatty, 1215 Riverside, Tom Fezy, 810 Park Ave., spoke in support of this rezoning. Charles Leone, 1281 Woodward, president of the Near_ Northwest Neighborhood Association, indicated that their board had unanimously voted to oppose this rezoning. Ruth Garen, 1217 VanBuren, spoke against this rezoning. There was a question raised regarding change of use, if this would have to come back for rezoning. Council Member McGann made a motion to recess, seconded by Council Member Taylor. The motion carried and the meeting was recessed at 7:50 and reconvened at 7:55 p.m. Larry Magliozzi, of Area Plan, indicated that the use is restricted to a site plan, therefore, if the doctors sell this property in the future, it would have to come back for rezoning. Richard Hill, City Attorney, indicated that it was the position of Area Plan, that if the use changed it would have to be rezoned. There was a question raised on insufficient parking. Larry Magliozzi, from Area Plan indicated there must be five parking spaces per doctor, therefore, ten were required. Dr. Gardner, indicated there was space to provide ten parking places. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Crone. The motion carried on a roll call vote of seven ayes and two nays (Council Member Serge and Szymkowiak.) BILL NO. 47 -81 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (2501 MISHAWAKA AVE.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Richard Morgan, attorney for the petitoner, made the presentation for the bill. He indicated they were requesting rezoning to "C" Commercial "E" Height and Area. He described the surrounding area which is commercial. He indicated they intended to build a new building. He indicated QSI was a commercial printing company. He said when the new facility is complete they were hire three additional employees. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 46 -81 A BILL AMENDING CHAPTER 20 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 12 ENTITLED MOTOR VEHICLE NOISE CONTROL. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Beck made the presentation for the bill. She made a motion to amend the bill as follows: Section 20 -125, (c) change the penalties to not less that Fifty Dollars for the first office;L not less than One Hundred Dollars for the second offense; and not less than Two Hun- dred Fifty Dollars for all offenses thereafter; Section 20 -126, change shall to may; SECTION III., add on October 1, 1981; seconded by Council President McGann. The mo- tion carried. She introduced Brad Garton, noise control coordinator for Indiana Associaties of Cities and Towns. He indicated this bill was designed to control noise from light weight vehicles. He indicated that semi - trailer trucks are exempt from the bill, since they are covered by federal and state regulations. He indicated that a decibel quotient of 80 would subject a violator to arrest, under this bill. He in- dicated that each time a noise is doubled the decibel reading rises by three points. He gave a demonstration of the decibel device and explained that with proper calibra- tion the device is foolproof. Richard Hill, City Attorney, expressed the Administra- tion's support of this bill. Mike Walsh, 923 E. Dayton, spoke in favor of this bill. Dominic DaCosta, 754 Cottage Grove, spoke against this bill. Council Member Crone indicated that only the six traffic police cars would be equipped with this device. She made a motion to strike and wedding motor vehicle procession, from the bill, seconded by Council Member Voorde. The motion carried on a roll call vote of seven ayes and two nays (Council Members Serge and Beck.) Council Member McGann made a motion to recommend this bill to.the Council favorable, seconded by Council Member Zielinski. The motion carried. BILL NO. 61 -81 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2 -2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, ENTITLED ADOPTION OF RULES AND REGULATIONS OF THE COMMON COUNCIL AND POWERS THERETO. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Crone made the presentation for the bill. She indicated that due to increasing budgetary restraints, public funds for travel are becoming more and more restrictive, therefore, in the interest of allowing the entire Counvcil to benefit from a Councilman "s attendance at a meeting conference or seminar, a systematic report will be required. He indicated that she hoped the City Administration would follow the Council's lead, so that more persons will benefit from having the City represented at such meetings. Council Mem- ber Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried.