08-23-76 Council Meeting Minutes

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REGULAR MEETING AUGUST 23, 1976 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, August 23, 1976, at 7:00 p.m., Council President Roger 0. Parent presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent. ABSENT: None At this time Mayor Peter J. Nemeth and Council President Roger O. Parent presented the Key to the City and Resolution declaring Dan Harrigan Day respectively, to Dan Harrigan, winner of an Olympic Bronze Medal at the 1976 Olympic Games. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by CouncLil Member Serge The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in Whole on Monday, August 23, 1976, at 7:05 p.m., with nine members present. presiding. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (4140 SOUTH MIAMI ST.) the Committee of the Chairman Frank Horva This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Edward Hardig, attorney for the petitioner, made the presentation for the ordinance. He indicated that all, they were interested in was to get the approval for the doctor to remain at this location by changing the zoning to "B ". He said they were not asking for a clinic, only that Dr..Kotoske be allowed to say in this location. He said they were not asking for extensive alterations to the building they only wanted to add eight parking spaces in the rear-of the building. He said they had petitions from people in the area with over four hundred and thirty signatures. He said the petition opposing this rezoning h twenty -four names, eleven within three hundred feet. He said the doctor's patients did not cause the traffic problem in the area, and in fact the doctor was willing to have the entire curb paint yellow around his home. He introducted Mr. Marty Kleva, landscape architect who discussed briefl coning regulations and then presented slides of the property surrounding Dr. Kotoske's home and other doctor's offices that are in residential neighborhoods. Council President Parent asked for a list of doctor's who have offices in residential neighborhoods. Mr. Hardig indicated that he could send him a list. Mr. Robert Taylor, Fifth District Councilman, indicated that this was a residential area and for Council to approve "B zoning on Miami would be an extremely dangerous precedent He indicated, that this should never have become a major issue before the Council, and that he had reacted to a complaint call within the neighborhood. He said there was confusion regarding the zoning ordi- nance and that some people in the neighborhood did not understand the fact that the doctor could not stay if the property remained "A Mrs. Jane Swan 2022 Swygart, indicated that she was interested in neighborhoods and the first step toward changing the complexion of a neighborhood was rezoning. She asked Mr. Brunner, City Attorney, if they were restricted to the site plan, and he indicated they were. She asked for examples of "B" zoning, and Mr. Brunner read the "B" classifications from the code book. Mr. Norman Ulrich, 4130 Miami, spoke against the rezoning. Mr.'R. DeHaan 4030 Miami, spoke in favor of the rezoning and indicated the doctor has been there eight years and no one has ever complained. Leah Hodges, spoke in favor of the rezoning. She said the neighborhood had not deteriorated in eight years and there was no reason it would now. ad :9