02-26-73 Council Meeting Minutes

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REGULAR MEETING FEBRUARY 26 .1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ordinance had previously come before the Council for consideration; however, a number of questions had been raised and it was the Council's desire to continue the public hearing to this meeting. He mentioned that one of the questions previously raised dealt with the matter of potential annexation. He presented a waiver of annexation to the Council which he had obtained from K & F Manufacturing, dated February 26, 1973, whereby the petitioner waived its right to protest the City of South Bend's right to annex. He mentioned that the waiver was signed by the president of K & F Manufacturing, and the waiver contained the legal description of the property. He indicated that the Commission felt it was in the best interests of the City of South Bend to proceed out to this firm, and he further indicated that the people presently employed by K & F would remain the same and additional employment will be sought from South Bend. Mrs. Frederick Mutzl, President of the St. Joseph County Fair Tax Association, asked if the building had already been constructed and if K & F had already moved into the building. Mr. Fedder answered that the building had been constructed and K & F has occupied the building. Mrs. Mutzl asked if this ordinance wasn't being brought before the Council rather late in view of the fact that the deal has already been consumated. Mr. Fedder answered by indicating that the ordinance was introduced previously and the Economic Development Commission has had this under consideration for months. Mrs. Mutzl mentioned that the Economic Development Commission is set up by the Economic Development Act which calls for the economic stability, development and welfar of the city. She mentioned that this was established in an ordinance, and she again questioned this matter coming in at this late date. Mr. Fedder mentioned that the Economic Development Act has been amended several times since its adoption and, as amended, gives the Commission the power to move out into the county as long as there is no conflict between the city and county. He further mentioned that Mishawaka also has an Economic Development Commission. Councilman Newburn asked if the building was built before the request for the bonds came to the Commission. Mr. Fedder indicated that the building had been previously constructed; however, K & F had sought to find a building in the city and could not find one. The firm, therefore, decided to move into th building already constructed in the Granger Industrial Park. Councilman Taylor indicated that he had looked at this matter much the same as Mrs. Mutzl had. He felt that, by approving the bonds, the city was doing a favor for K & F, but also there are South Bend people involved and would benefit from this. Councilman Horvath asked what would happen should the Council decide not to pass the ordinance, and Mr. Fedder indicated that, if the Council did not authorize the issuance of these bonds, K & F would have to seek private lending, and if this was not available, they would have to go elsewhere. He stressed the fact that there has been no money expended by the Economic Development Commission in relation to these bonds and, until they had Council approval, there would be no expending of money. Councilman Horvath asked if K & F was already operating in the new building, and Mr. Fedder indicated that they have moved into the building, however, the financial arrangements had not been negotiated. Councilman Horvath felt that, in the future, matters such as this should be cleared through the Council before plans are made. Councilman Newburn also expressed concern for the citizens of South Bend and businesses within the city. Mr. Fedder concluded that the Commission felt it was necessary to assist the firm in order to save it for the South Bend area. Councilman Parent brought up the fac that, in some instances, the Economic Development Commission has enabled corporations to move into the city, and he indicated that this goes both ways. Councilman Parent made a motion that the ordinance go to the Council as favorable, subject to the signed waiver of annexation of K & F Manufacturing, seconded by Councilman Serge. 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) - 4004 SOUTH MICHIGAN STREET. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Jack C. Dunfee, Jr., 645 First Bank Building, made the presentation for the ordinance. He indicated that he was representing the petitioners, Loyal and Trois Wilson, owners of the property. He further indicated that the petition, itself, was asking for a change in zoning from "A" Residential and "A" Height and Area District to "B" Residential and "A" Height and Area District, with no change in the structure from the outside. He mentioned that the building would house Mr. Wilson's insurance office and his two sons would be in the business with him. He presented a chart that he had prepared and submitted photographs to the Council for their consideration. He further mentioned that the land use and transportation plan shows this particular area as being proposed to office businesses. Across the street is Honda of Michiana which is open on a seven day -a -week basis, and next to that is the Classic Cat Lounge. The northeast corner has been taken by the City of South Bend f03 part of the traffic access facility. He mentioned that there are only residences on the Wilson's side of the street; however, there is pressure on these residences as dogs are clipped in a home and Christmas trees are sold every year. He mentioned that the petitioners wanted to convert the residence into an insurance office with the possibility of an apartment on the second floor. He also mentioned that the Area Plan Commission approved the rezoning at its meeting in February and that there was one remonstrance from a property owner to the south. Mr. Elton Stephens, 4016 South Michigan, indicated that he had filed the remonstrance against the rezoning. He mentioned that he would not give Mr. Wilson any problems if all he was requesting was housing of his insurance office in the home. He indicated that he had opposed Mr. Wilson's earlier tactics when he proposed to put in a veterinary clinic. He indicated that, if Mr. Wilson does as his attorney had indicated, he would have no objection. He expressed concern for the are because there had previously been a problem with the property across the street as the man from Honda had gone out to the lot line. He mentioned that he was a casket salesman, and then he pre- sented some pictures to the Council showing what the neighbors in that area have put up with Mr. Wilson in the past, indicating that he once had trailers parked on his property and other equip- ment. Mr. Dunfee indicated that the zone change would be "B" Residential and would not permit a veterinary clinic within the building. Councilman Kopczynski indicated that there was a mixture of light industrial and residential in the area. He felt that there was complete "hodgepodge" in the area. Mr. Dunfee explained that a person cannot rezone until there is a prospective use for the property, and this was stated in