03-12-79 Council Meeting Minutes

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r REGULAR MEETING MARCH 12, 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED Council President Parent indicated there had been a question raised as to whether he had a con- flict of interest regarding this rezoning matter. He indicated he was employed by Catholic Charities, which is a separate entity from the Fort Wayne -South Bend diocese. He said this diocese is a separate entity from the Sisters of St. Joseph, therefore, he felt there was no conflict of interest. Jim Masters, assistant City Attorney, indicated there was no legal conflict of interest. Kathy Cekanski, Council Attorney, indicated there was no legal conflict of interest. She indicated that according to the Council rules and regulations, they could decide if it is a conflict of interest. Mr. Rick Carey, Senior Planner, from Area Plan, in- dicated this received an unfavorable recommendation from the Commission, and if this proposal is approved by the Council it will be subject to a final site plan. Council Member Miller asked the procedure for amending a final site plan. Mr. Carey indicated that prior to any building permit being issued the site plan must be approved by Area Plan. Mr. Rick Morgan, attorney for the petitioners, indicated there was a 9.17 acre site. He indicated that the present structures, except the chapel and garage, would remain on the site. He indicated this would be an upper income condominium project. He indicated that sixty -four condominiums would be built, and twenty -one units would result from the remodeling of the present strucutures. He said there would be underground parking, two cars per unit, as well as surface parking for guests, which will result in 2.9 parking spaces per unit. He indicated that the Sisters of St. Joseph, and the developers had entered into a memorandum of agreement, in which there will be a deed restriction that there will be no new construction above 46 feet. He indicated that access to the project will be through one guarded gate on Greenlawn, and there will be a security guard twenty -four hours a day. He indicated that storm water will be diverted to a system of dry wells, which will help alleviate the storm water problem in the area. He in- dicated that theproject would be constructed in five phases over four years. Mr. Charles Sweeney, attorney for the Bendix Estate Neighborhood, asked to defer to counsel for the Sisters of St. Joseph. Francis Jones, attorney for the Sisters of St. Joseph, indicated he lived within three hundred feet of the project, and he was in favor of this rezoning. He indicated he would like to see this property get back on the tax roles. He indicated that the Sisters were taking a fifty percent loss on the sale of the property. Mr. Stanley S. Gilbert, who lives on the northeast corner of the Bendix Estate, spoke against this rezoning. He indicated he did not wan - his'beautiful home to be surrounded by condiminiums. Mr. Charles Sweeney, attorney representing the Bendix Estate Neighborhood, indicated that they were opposed and asked the Council to reject this rezoning. He said this portion of Jefferson Street was one of the most beautiful and tranquil, in the City. He indicated that the City's long range use plan called for low density in this neighborhood, and this project was high density. He indicated that this project would cause a traffic problem in the area. He indicated that the Bendix Estate Neighborhood had meet with the developers many times, and they had not been shown any plans or a market feasibility report. He indicated he did feel that Roger Parentr,has a conflict of interest. He indicated that the Catholic community was used to generate the 1,375 letters received in favor of this rezoning. Mr. Ronald Jaicomo, attorney representing Ernestine Raclin, spoke agains this re- zoning. He indicated there was insufficient information available regarding the entire project. Mrs. Raclin, 110 N. Esther, indicated that the neighborhood wanted to protect their homes. She indicated there were other opportunities for the Sisters to sell this property. She said that she would sell her property if this rezoning was granted. Mr. Morris Friedman, 1617 E. Jeffersoi spoke against this rezoning. He indicated that the letter writing campaign, in favor of this rezoning, was a devious method. Mr. George Herendeen, 1736 E. Jefferson, spoke against this rezoning. Mrs. Sandra Hayes, 1634 E. Jefferson; spoke against this rezoning. Mrs. JoAnn Meehan 1603 Devon Circle, spokeainst this rezoning. Dr. Eugene Weiss, 1605 E. Washington, asked that the area to be rezoned be defined on the charts in the Chambers. Mr. Sweeney defined the area. Mrs. Lillian Stanton, 919 Oak Ridge spoke in favor of this rezoning. Mr. T. Brooks brademas, 1614 Devon Circle, spoke against this rezoning. He indicated that was not a market for 85 expensive condiminiums. Mr. Robert Mysliwiec, attorney, indicated he had attended a meeting with Council President Parent and representatives from each faction, and at that time Councilman Parent asked if any one had any problems, and no one raised a question about his ability to vote. He indicated that a chance was given at that time and the point was not raised Mrs. Berman, 1510 E. Jefferson, indicated that Council President Parent had indicated to her how he would vote on the project, prior to the public hearing. Mrs. Andrea Jones, 1608 Devon Circle, spoke against this rezoning due to the school children in the area. Mr. Peter Hull, 135 S. Greenlawn, spoke against this rezoning. He indicated he lived across the street and was con- cerned about the lights in the parking lots as well as the garbage and trush that could be un- sightly. Mr. Steven Luecke, 754 Leland spoke in favor of this rezoning. Council Member Adams asked the Council Attorney if it was possible for the deed restriction to be waiver, and could the developer go before the Board of Zoning Appeals and get permission to build seven story condiminiums. Kathy Cekanski, Council Attorney, indicated that the memorandum of agreement re- garding the deed restriction was between two parties, and neither of which is the City of South Bend. She indicated that as far as the Board of Zoning Appeals, she had not had time to re- search that question. Jim Masters, Assistant City Attorney, indicated he did not believe the Board of Zoning Appeals would have the power to grant an exception from four to seven stories. Council Member Adams indicated that the Council had a commitment to neighborhoods. She made a motion to recommend this to the Council unfavorableseconded by Council Member Dombrowski. Council Member Miller indicated that the final site plan would solve any problem regarding the height and area. He indicated that these condiminiums would fit the general character of the neighborhood. Council Member Taylor indicated he supported the project. Council Member Kopczynski indicated he was against this project. The motion to-recommend unfavorable failed on a vote of three ayes and six nays (Council Members Serge, Szymkowiak, Miller, Taylor, Horvath and Parent.) Council Member Taylor made a motion to recommend this to the Council favorable, seconded by Council President Parent. The motion carried on a roll call vote of six ayes and three nays (Council Members Kopczynski, ADams and Dombrowski.) Council Member Dombrowski made a motion to recess, seconded by Council Member Adams. The motion carried and the meeting was recessed at 10:00 p.m., and reconvened at 10:20 p.m.