11-13-72 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 13, 1972 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, November 13, 1972 at 8:00 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order 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 Councilman Parent made a motion to resolve into the Committee of the Whole, seconded by Councilman Taylor. Motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, November 13, 1972 at 8:05 p.m. with nine members present, Chairman Odell Newburn presiding. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68 CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702 AS AMENDED. (Riverside Dr., Rose St., Cushing St., Roosevelt St.) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Edward Chapleau, Attorney, represented the petitioner, Arnold Golden, who is the developer of a quadrominium complex on this site. There will be four units in each building and the site is adjacent to the Riverside Apartments. They feel that this project is designed to fit the needs of the type of dwelling units to be built in this area. The Area Plan Commission has approved the rezoning subject to a final site plan. Mrs. Ann Wlodarski, Vice President of the Fair Tax Association, asked who is going to install sewage and water for this complex. Mr. Norman Pynaert, of Engineering Planning Services, said that sewage and water hook -ups already exist in the area. Councilman Nemeth asked for an estimate as to the increase in the property tax base. Mr. Chapleau said he did not have an exact figure but it would be substantial. Mr. Chapleau said that there would be 60 units built,that they would be modern dwelling units of brick or other construction and that the developer would pave all streets according to the existing requirements of the code. Councilman Kopczynski moved that the ordinance go to the Council as favorable, seconded by Councilman Serge. Motion carried. ORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA -1962 SECTION 40 AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (18343 State Road 23) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. William E. Voor: Jr., Attorney, spoke for the petitioners, James Locker and Lyle Burnside The rezoning is being requested to build a family food center on State Road 23 North. The lot is between a Kroger Store and a Sun Oil Com- pany station in a commercial area on 23. Mr. Voor then displayed a picture of a Mr. Quick facility similar to the one planned. The project has been approved by the Area Plan Commission and they have the permission of the people in the Turtle Creek Apartments to build the facility. Councilman Parent said that he had reservations about building this type of restaurant near an .apartment complex. Mr. Voor said that the Turtle Creek Apartments have a lot of young families and they feel this type of restaurant would be attractive to the young people. Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded by Council- man Taylor. The motion carried with Councilman Parent casting a nay vote. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA. (South of 3012 East Edison Road) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. George Roberts, Attorney, spoke for the petitioners, the Calvary Pentecostal Church. This petition involves 3.6 acres just south of the Crest Wood Garden Apartment complex. This development was so successful they have decided to build 64 more units, which will include one and two bedroom units and townhouses. There will be no access from the 3.6 acres directly onto public streets. The Area Plan Commission has recom- mended the project favorably and they are requesting favorable Council action. Councilman Horvath made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor. 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. (N.E. CORNER, MAIN ST. AND IRELAND ROAD) This being the time heretofore set for public hearing on this ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Jack C. Dunfee, Attorney, substituting for Attorney Arthur Diamond, spoke for Mr. James Ford, the petitioner. The request involves a tract of land on Ireland Road, to the West of Michigan Street, which is 200 ft. by 120 ft. They are asking for "C" Commercial zoning to allow construction of a 70 to 90 seat, eat -on- the - premises restaurant. The Fords have operated a Dairy Queen just south of Ireland Road on U.S. 31 for many years. There are some details to be worked out in the final site development plan. The ordinance requires a 25 foot setback from Ireland Road but the City Engineer has asked for a 35 foot setback to allow for future widening of Ireland Road. The petition was unanimously approved by the Area Plan Commission. Councilman Horvath asked if the building would face Main St. or Ireland Road and if there would be access off Ireland Road. Mr. Dunfee said at the present time he is not sure whether the building will face Ireland Road but that access will be from Main Street. Councilman Taylor made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. Motion carried.