03-23-70 Council Committee of the Whole Meeting Minutes

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COMMITTEE OF THE WHOLE MEETING MARCH 23, 1970 nRnTNANCR AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702), AS AMENDED. (South Side of Edison - West of Hickory) This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. This public hearing is a continuation from the meeting of March 9, 1970. Residents speaking against the proposed zoning were: Richard Draper, 1129 Whitehall Dr., South Bend; Eugene Guentert, 1304 Ebling Drive, South Bend; Kenneth Parrot, 3501 E. Edison Rd., South Bend; Kenneth Cowan, 3618 E. Edison Rd, South Bend and Gene Guentert, Sr., 18241 Edison Rd. and Walter Johnson, 1151 N. Hickory Rd., South Bend; The residents contended that covenants in the deeds for the site restrict its use to single - family dwellings. They also objected to the number of children that will be in the project and claimed this will overcrowd schools and impair the quality of education for all and they objected to the already congested and growing area traffic that will increase. Mr. Joseph Gatto, Vice - president of the South Bend Housing Commission said it is estimated that the units would have 1.6 children per bedroom and a total of 70 in the 24 units, some of which will be four -bed- room apartments. He recommended the public inspect the existing public housing units in the city to see how well they are maintained by the Housing Authority. City Attorney S. J. Crumpacker said the covenant is poorly drawn and ambiguous and it will take a court decision to determine its meaning. George T. Patton, Attorney, said he agreed with Mr. Crumpacker and added that it appears the developer will have to borrow money and no lender will provide-money until a court rules on the question of the covenants. George P. Roberts, an attorney for the D. & L. Development Corp., Benton Harbor, Mich, the developers, said he did not agree with Mr. Patton's statements and added that court action will be taken if financing is necessary. Councilman Wise insisted that only single - family one -story dwellings should be erected. Councilman Zielinski made a motion for a recess. Councilman Palmer seconded the motion. Motion carried. Time: 10:20 p.m. The Council reconvened at 10 :45 p.m. Councilman Laven made a motion, seconded by Councilman Allen that the site plan be revised and amended from 24 to 20 multiple family units,( six 4- bedroom units; four 3- bedroom units and ten 2- bedroom units, making a total of 20 units), using the plan shown, providing more open space for play area. Motion carried. 6 ayes (Council- men Laven, Allen, Reinke, Grounds, Szymkowiak, Zielinski) 3 nays ( Craven, Wise and Palmer) Mr. Marty Kleva, representing the D. & L. Development Corp., Benton Harbor, Mich., said if the Public Housing Authority agrees to the revised.site plan, the developer will go along with the change. Councilman Laven made a motion that the Ordinance go to the Council favorable as amended. Councilman Allen seconded the motion. Motion carried. There being no further business to be considered before the Committee of the Whole, Chairman Grounds entertained a motion to rise and report to the Council. Councilman Allen so moved. Councilman Craven.seconded the motion. Motion carried. Time: 10:53 p.m. ATTEST: APPROVED: CHAI