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36
<br />REGULAR MEETING JULY 9 1973
<br />COMMITTEE OF THE WHOLE MEETING (CONTINUED)
<br />opponents were given an opportunity to be heard. Mr. Jack C. Dunfee, Jr., Attorney at Law,
<br />645 First Bank Building, made the presentation for the ordinance. He indicated that he represente<
<br />Eugene McGarvey and Keith Vial, owners of the tract in question and operators of the Ponderosa
<br />Steak House. He mentioned that this restaurant would be the fourth such enterprise in St. Joseph
<br />County. He indicated that the frontage along Lincolnway was zoned "C" Commercial, and he explaine<
<br />that the property was 150 feet in depth and that an old zoning ordinance only rezoned 120 feet of
<br />that property. He indicated that the Citgo Gas Station and the Beacon Bowl are, therefore, in
<br />violation of the code. The error was discovered by Mrs. Betty Burch in the Building Department.
<br />He presented an overlay of the proposed area and explained that there would be no ingress and egret
<br />off Elwood Street. He also mentioned that the rezoning was not subject to a final site plan, and
<br />he presented an aerial photograph and a final site development plan to the Council members. He
<br />stated that, across the street is the Industrial Park, to the east is the Citgo Station, and to the
<br />west is the Beacon Bowl. He indicated that drainage control is provided by dry wells and ingress
<br />and egress of traffic had been worked out with the Engineering Department. The Area Plan Commissic
<br />held a hearing and the rezoning was recommended favorably. He also indicated that there were no
<br />remonstrances.
<br />Councilman Szymkowiak asked if there would be a fence on Elwood Street. Mr. Dunfee indicated that
<br />the fence on Elwood would run east and west behind the facility. He explained that there was
<br />presently a cyclone fence separating the Beacon Bowl and the proposed Ponderosa. Councilman
<br />Szymkowiak indicated that he was concerned about trash in the area and asked if there would be a
<br />carry -out service. It was indicated that there would be no carry -out, drive -in type of operation,
<br />and Mr. Dunfee indicated that there would be a substantial grade elevation of 10 feet between the
<br />proposed Ponderosa and the residential area to eliminate the trash problem. Council President
<br />Nemeth asked if the Beacon Bowl and the Citgo Gas Station had been notified that they were in
<br />violation of the city's zoning code. Mr. Douglas Carpenter, Planner for the Area Plan Commission,
<br />indicated that he thought the Building Commissioner would be taking care of the situation. Counci:
<br />President Nemeth made a motion to direct the City Clerk to write a letter to the Building Commissi(
<br />concerning the subject requesting him to reply to the Council, seconded by Councilman Miller. The
<br />motion carried. Mr. David Wells of the Engineering Department pointed out that Mrs. Burch was an
<br />employee of the Building Department and she had found the error in the records.
<br />Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by
<br />Councilman Serge. The motion carried.
<br />II ORT)TNAWR
<br />AN ORDINANCE TO AMEND SECTION 15 -16 OF THE
<br />MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
<br />INDIANA, AS AMENDED.
<br />Council President Nemeth indicated that the Council members had received a letter requesting that
<br />the ordinance be dispensed with. He made a motion that the ordinance be stricken from the files,
<br />seconded by Councilman Taylor. The motion carried.
<br />I! ORDINANCE
<br />AN ORDINANCE AUTHORIZING THE EXECUTION OF A
<br />LEASE, TRUST INDENTURE, ECONOMIC DEVELOPMENT
<br />REVENUE BONDS AND THE FORMS AND TERMS OF THE
<br />LEASE AND TRUST INDENTURE AND BONDS AND
<br />MORTGAGE AND THE ISSUANCE OF ECONOMIC
<br />DEVELOPMENT REVENUE BONDS PERTAINING TO
<br />R. LEE FAGEN, d /b /a FAGEN ENTERPRISES.
<br />This being the time heretofore set for public hearing on the above ordinance, proponents and
<br />opponents were given an opportunity to be heard. Mr. George Herendeen, Attorney at Law, 300 First
<br />Bank Building, made the presentation for the ordinance. He indicated that the amount of the bonds
<br />requested was in the amount of $240,000 and would be financed through the St. Joseph Bank and Trusi
<br />Company. He explained that the facility would be a three -story building in Roseland consisting of
<br />10,000 square feet. He indicated that approval of the bonds would be of great benefit to the area
<br />in general, and the building would house service -type businesses. He stated that there would be
<br />an increase in employment of 30 to 75 persons. The property had been purchased at a cost of
<br />$30,000 and additional acquisition and improvements would amount to $240,000. Mr. Herendeen
<br />further indicated that the Town of Roseland had encouraged the project and submitted a formal
<br />resolution in favor of it, police and fire protection would be less weighty than the cost and
<br />benefit to the community, and sewer and water would be connected to the Clay Utilities, Inc., or
<br />its successor. He also stated that there has been a waiver of annexation filed.
<br />Councilman Kopczynski indicated that Roseland was incorporated and that a waiver of annexation
<br />would be worth nothing. Council President Nemeth asked if a waiver had been filed with the City
<br />Clerk, and Mr. Herendeen indicated that it had been.
<br />(Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by
<br />Councilman Taylor. The motion carried.
<br />II nRDTNAWF.
<br />AN ORDINANCE CONFIRMING A CERTAIN RESOLUTION
<br />ADOPTED BY THE BOARD OF PARK COMMISSIONERS
<br />AND THE PUBLIC RECREATION COMMISSION FOR THE
<br />CITY OF SOUTH BEND, INDIANA, DEFINING THE
<br />CONSTRUCTION AND SCOPE, PROHIBITING CERTAIN
<br />ACTS AND ACTIVITIES, REGULATING USES IN THE
<br />PARKS, REGULATING AND RESTRICTING VEHICULAR
<br />TRAFFIC, PROTECTING PLANTS AND SHRUBS, PRO-
<br />VIDING FOR PENALTIES, REPEALING ALL ORDINANCES
<br />IN CONFLICT AND PROVIDING FOR AN EFFECTIVE
<br />DATE.
<br />This being the time heretofore set for public hearing on the above ordinance, proponents and
<br />opponents were given an opportunity to be heard. Mr. James Seitz, Superintendent of Parks, made
<br />the presentation for the ordinance. He indicated that, for several years, regulations and restric-
<br />tions for control in the parks had been a problem and was a great concern. He stated that the Par}
<br />Department has had no control over certain activities going on in the parks. He also stated that
<br />considerable research had gone into the preparation of the proposed ordinance, and it had been
<br />er
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