01-04-77 Council Meeting Minutes

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t FAI REGULAR MEETING JANUARY 4, 1977 REGULAR MEETING RECONVENED (CONTINUED) 1. As the equitable owner of the parcel of real estate proposed for rezoning, Doctor Saucelo is vehemently opposed to any effort to seek rezoning of Lots #18, 19 and the East 26 feet of Lot #17 of Studebaker's Leeper Avenue Addition to the City of South Bend from a "B" resident district use to an "A" resident district use and will be compelled in the future to continue to oppose such rezoning effort. 2. Doctor Saucelo reviewed the zoning of the pracels.of real estate in question antecedent to purchasing the property on September 9, 1976. 3. Prior to purchasing the property, Doctor Saucelo ascertained that the property in question was zoned "B" resident district use and that it has been so zoned since September 9, 1946, pursuant to Ordinance #3572. 4. That Doctor Saucelo feels that any efforts to rezone the property to "A" resident district use at this time constitute3a substantial violation of his constitutional rights. 5. That Doctor Saucelo further feels that any efforts to rezone the property is tantamount to deprivation of property without just compensation; and further, that any effort to rezone the property will directly and proximately cause Doctor Saucelo to be monetarily damaged in a substantial sum . 6. That Donator Saucelo had previously contracted to vend the property to another interested party, South Bend Heart Surgery, Inc., and that the filing of the above referenced Petition and Ordinance caused South Bend Heart Surgery, Inc. to rescind its contract and abandon its efforts to establish a proposed medical office on my client's property. 7. That should the efforts to rezone the property continue, Doctor Saucelo will be compelled to seek compensation from the.CIty of South Bend in a reverse con- demnation action or other judicial remedy`. It is my desire to express on behalf of my client, his opposition to the proposed Ordinance and Petition and in part to express to you the reasons for his opposition. Again, please include this letter in all records pertaining to the above referenced items on your agenda for this evening. Respectfully, /s/ Frederick B. Ettl FBE:af cc: The Honorable Roger Parent Msa Rathy Cekanski NEW BUSINESS Council President Parent announced that all nine Council Members had signed the request for a Special Meeting, January 17, 1977, at 7:00 p.m. PUBLIC HEARING FOR ORDINANCE NO. 6103 -77 AN ORDINANCE APPROPRIATING $8,378.00 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 being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Thomas Brunner, City Attorney, made the pre- sentation for the ordinance. He said the deputy city attorney provided by this source of funds has worked in the areas of public safety and housing code enforcement. He said it was his view this position has contributed invaluably to the enforcement efforts. Council Member Adams com- mended the Board of Safety and the City attorney's office for their handling of deteriorated homes. She made a motion to recommend this ordinance to the Council favorable, seconded by Counci] Member Szymkowiak. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 9:45 p.m. ATTEST: y Clerk ATTEST: Pres