04-10-72 Council Meeting Minutes

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REGULAR MEETING APRIL 10, 1972 REGULAR MEETING APRIL 10, 1972 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County -City Building on Monday, April 10, 1972 at 8:05 p.m. The meeting was called to order by President Peter J. Nemeth and the Pledge of Allegiance to the flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None RESOLVE INTO THE COMMITTEE OF THE WHOLE Council President Nemeth entertained a motion to resolve into the Committee of the Whole, so moved by Councilman Parent, seconded by Councilman Miller, and carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend, Indiana met in the Committee of the Whole in the Council Chambers of the County -City Building on Monday, April 10, 1972 at 8:05 p.m. with nine members present. The meeting was called to order by Chairman Odell Newburn, who presided. ORDINANCE AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Councilman Nemeth explained that this ordinance would allow a petitioner to submit a preliminary site plan to the Area Plan Commission. When the rezoning comes before the Common Council, it will be referred back to the Area Plan Commission at which time they will insure that the final site plan conforms to the preliminary site plan. It will be less expensive for the petitioner to present the final site plan later. Miss Virginia Guthrie, Executive Director, of the Civic Planning Association, asked what happens if changes are made after the final vote by the Area Plan Commission and the Common Council. Councilman Nemeth said that the City Building Department, the Area Plan Commission, and the City Ehgineer all receive certified copies and it would be up to them to make sure that the builder conforms to the final site plan. Miss Fanny Grunwald, 227 S. Frances Street, asked what happens if property is rezoned and a filling station is built and then the business fails and the pro- perty is put to some other use. She asked whether this new zoning ordinance would prevent this from happening. Councilman Nemeth answered that once a property is zoned for commercial use, any business that is allowed under commercial zoning can be operated on the property. The ex- ception to this would be if the property were rezoned to allow a specific business to be operated on the property. Councilman Parent made a motion that this Ordinance be referred to the Area Plan Commission for further study and that the Public Hearing be continued until a later date. The motion was seconded by Councilman Nemeth and the motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) Miami Hills Apartments - Phase II This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Jack C. Dunfee, Jr., First Bank Building, Attorney for the petitioners, spoke in favor of the ordinance. The Miami Hills Development Corporation came before the Council in 1969 for this rezoning for their apartment complex. Phase I is basically completed except for landscaping. The builders have now agreed that some changes would be beneficial. The new site plan would provide more open space in the area by rearranging the buildings and parking facilities. The new plan includes one more apart- ment unit (a total of 150 now instead of 149) but with 40 fewer bedrooms and 25 additional park- ing spaces. The abutting property owners have agreed that these changes would be i.pprovements and the Area Plan Commission has approved the new site plan. Councilman Taylor asked Mr. Dunfee if there are any plans to improve the exterior appearance of the buildings in Phase I. Mr. Dunfee said that the builder agrees that the exterior needs change. They have experimented with Color, with the idea that the levels could be separated by different colors. A different exter- ior finish is planned for Phase II. Mr. Lowell Spalding, 3422 Woldhaven Drive, said that all the neighbors were not consulted about the amended site plan, that the apartments already con- structed are monstrosities, and lower the property value in the area, that they have not tried to change the exteriors and that light shields which were promised have not been put up. Mr. Dunfee replied that the property owners within 300 feet of the proposed new construction were notified and that a meeting was held in the home of Roger Winters. He said that many of the problems will be solved when the landscaping is completed. Original plane for Phase I called for open stairwells, but they were enclosed at the request of the Building Commissioner and the Fire Department. This has led to more bulk in the structures and the need for color to improve the exterior appearance. Councilman Horvath asked Mr. Dunfee if he could give the Council a commitment that these changes would be made in Phase I before Phase II is started. Mr. Dunfee replied that he could not make such a commitment. Councilman Parent said that the Council could approve the new site plan subject to the improvements being made to the existing buildings. Mr. Dunfee said that whatever requirements or restrictions are made by this body should be made known to all builders and developers. He said the Council would be setting a precedent by imposing restrictions on site plans and buildings already approved. This would discourage other devel- opers. Councilman Miller asked if the changes were mandated by the Federal Housing Authority. Mr. Dunfee replied that they were suggested by the F.H.A. Councilman Miller asked Mr. Spalding if he felt that Phase II, as proposed, would be acceptable to the neighborhood. Mr. Spalding said it would if changes were made in Phase I to make it more compatible. Councilman Nemeth questioned Mr. Dunfee about a recent news story regarding bankruptcy proceedings in regard to this developer. Mr. Dunfee replied that there is a problem with financing. There is a manu- facturing plant in this area now for this type of structure and this will help. The developer is in the process of refinancing to get working capital now. Councilman Nemeth asked Mr. Dunfee