09-12-77 Council Meeting Minutes

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.3 REGULAR MEETING SEPTEMBER 12, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) BILL NO. 64 -77 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) (1311 E. IRELAND ROAD). This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the petitioners, made the presentation for the bill. He said this bill was to rezone this property from "C" commercial "A" height and area, to "C" commercial "A" height and area to build a restaurant. He said the Area Plan Commission gave a favorable recommendation to this rezoning. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 65 -77 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) (2318 ELWOOD). This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Richard Morgan, attorney for the petitioners, made th presentation for the bill. He said the property is located at the southeast corner of the inter- section of Elwood and Olive. He said this petition seeks to rezone a portion of this property from "A" residential to "C" commercial. He said the property owners have entered into an agree- ment to purchase this property, with 7 -11 Stores. He said Area Plan had recommended this rezonin favorable. Council Member Szymkowiak made a motion to recommend this bill to the Council favorab seconded by Council Member Dombrowski. The motion carried. BILL NO. 99 -77 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) (WEST SIDE OF LOGAN STREET, NORTH OF JEFFERSON BLVD.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Richard Mintz, attorney for the petitioner, made the presentation for the bill He said this petition seeks to have this property rezoned from resi- dential to commercial. He said Area Plan recommended unfavorable on this petition. He said this was not a residential area and'described the surrounding properties, which are commercial. He said Logan will be widened to four lanes and there is a chance that more commercial businesses will be coming into the area. He said they intended to build a Famous Receipe Chicken restaurant He said this was a family type restaurant. He said there will be screening by shrubs from four to six feet in height. He said they would be willing to build a redwood fence, or whatever screening the Council would deem necessary. Mr. Ted Noell, a local attorney, presented a petitio in opposition of this rezoning. He said there was other land available that could be used. Mr. Tom Beatty, 310 S. 36th, spoke in opposition to this rezoning. He said his property was adjacent to this proposed rezoning. Mr. Budson, of Van Restaurants Inc., Fort Wayne, Indiana, said they picked this site because they wanted to be in South Bend. He said they could go across the street to Mishawaka, where the zoning was commercial. Mr. Donald Sloan, 239 S. Logan, spoke in opposition of this bill, because of the traffic and smell from the restaurant. Mr. Freeman Yeage . indicated that they have owned this property for ten years, paying less than $100 taxes to the City per year. He said this property could not be sold as residential. He said there ire a lot of other things that could be put on the property that would be worse than a restaurant. He said if this property is not rezoned the restaurant would go to Mishawaka. Mr. Yale Pittman, 314 S. 36th Street, indicated he was not opposed to the rezoning, but he was opposed to this type of business going in at that location. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. Council Member Serge in- dicated that after viewing the location, and considering the problem with our City tax base, he realized he had made a mistake in voting against this in Area Plan. Council Member Miller made a motion to amend the bill by adding "subject to a final site plan and to include redwood fencing on the west ", to Section I of the bill, seconded by Council Member Adams. The motion carried. Council President Parent indicated he did not feel this type of business was appropriate for this area. Council Member Dombrowski indicated he was in favor of this type of business for the area. Council Member Horvath asked about right -of -way to expand Logan Street to four lanes. Mr. McMahoi indicated he was not certain if they would need additional right -of -way. Council Member Serge asked Mr. Budson what would be spent on this building. Mr. Budson indicated it would be in the area of $175,000. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. BILL NO. 91 -77 A BILL APPROPRIATING $360,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, TO IMPROVE THE FIRE- FIGHTING CAPACITY OF SOUTH BEND'S FIRE DEPARTMENT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES /DIVISION OF COM- MUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS. Fire Chief Van Wiele asked that this bill be postponed until the first meeting in October, in order to give the architect time to finish the plans. Council Member Dombrowski made a motion to continue public hearing on this bill until October 10, 1977, seconded by Council Member Kopczynsk: Mrs. Ralph Prezestwor, 918 Elmer, asked if it would be feasible to use Station 11. She said the house next door was for sale and the City could buy it for expansion for the station. The motion carried. BILL NO. 116 -77 A BILL APPROPRIATING $7,500 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING FOR VARIOUS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH LEND THROUGH THE DE- PARTMENT OF ADMINISTRATION AND FINANCE. e, �,