11-22-71 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 22, 1971 REGULAR MEETING (Cont.) 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, November 22, 1971, at 8 :11 P.M., with eight members present, one absent (Councilman Palmer). The meeting was callec to order by Chairman William W. Grounds who presided. 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, AS AMENDED. (Southeast end of Broadmoor Shopping Center - McDonald's) 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 is a continuation of the public hearing on this ordinance carried over from the last regular meeting. Councilman Laven stated it was continued from the last regular meeting because all Council Members were not at present at that time and he felt all concerned should be aware of this ordinance. Proponents William E. Voor, Jr., Attorney for the petitioners, and Mr. George Sensor, real estate representative for McDonald's were present. Mr. Douglas Carpenter of the Area Plan Commission said that McDonald's had submitted 3 different site plan revisions and had complied with everything asked of them, including regulations concerning the fence, building location and drainage conditions. Mr. and Mrs. William B. Haselton, 1238 Catherwood, Mr. and Mrs. James L. Sparks, 1242 Catherwood, Mr. Thomas Farkas, 1246 Catherwood, Mr. Paul M. McKenzie, 1304 Catherwood, Mr. Donald L. Slater, 4423 Brookton, and Miss Fanny Grunwald, 227 S. Frances Street, all of South Bend, Indiana, spoke against the ordinance. Those with property adjacent to the proposed.construction site argued this restaurant would bring a decline to property values, increase traffic to the area thereby causing a problem of traffic hazards and congestion, school children and others will be cutting across their yards, peeking into their windows thereby invading their privacy and attempting to climb the fence as a short cut to the restaurant which they are now doing as a short cut to the existing shopping center. With present grade levels any fence erected would obstruct the view and create a problem with maintenance as is often so with drive -in type restaurants. Restrictive covenants in deeds to their properties, in effect for approximately 5 more years, term the area in question as "A" Residential; they commented that if they could not rely on their property deeds there was little else to depend on and the rezoning would force a court battle. Councilman Janet Allen asked if the covenants in the deeds were brought up at the Area Plan Commission -meet- ing. Mr. Voor commented that there are covenants and if the residents wish to test them, they are free to do so but the problem before the Council is not the covenants but the rezoning. Councilman Laven asked if the Area Plan Commission had considered "B" zoning as an alternate. He commented this was done between the residential and commercial areas to stop extensive com- mercial building when the Ayr -Way Store was built at McKinley and Hickory Roads. Councilman Reinke said in his opinion the Council should give the best possible zoning for the area involved and made a motion that Section 1 of the proposed ordinance be changed from "C" Commercial use and "C" height and area district to read, " - -- "C" Commercial use and "A" Height and Area Dis- trict - - - ". The motion was seconded by Councilman Walter M. Szymkowiak. Motion carried. Councilman Reinke then made a motion that the ordinance, as amended, qo to the Council as favor- able, seconded by Councilman Szymkowiak. Motion carried. Councilman Albert E. Palmer arrived - Time 8:45 P.M. ORDINANCE AN ORDINANCE NDING CHAPTER 11 SECTION 11 -18, ORDINANCE NUMBERS 3913, 7, AND 4537 -62, 9 3, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PROVIDING FOR STANDARDS FOR INSTAL- LATION OF ELECTRICAL EQUIPMENT GENERALLY 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. Forrest West, Building Commissioner said this is a routine matter. It is requested that the major electrical code for 1971 be adopted instead of the present one under date of 1968. A new code is adopted every 3 years. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked what this was for. Mr. West said this allows the latest changes and updates the code. Councilman Reinke made a motion that the ordinance go to the Council as favorable, seconded by Councilman Craven. Motion carried. ORDINANCE AN ORDINANCE FURTHER AMENDING CHAPTER 9, SECTIONS 2 AND 3, BEING ORDINANCE NUMBER 4381, SECTIONS 1 AND 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY PROVIDING FOR THE ADOPTION OF A ONE AND TWO FAMILY DWELLING CODE 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. West stated this is for the pur- pose of establishing a code for residential structures of one and two family dwellings which we have never had. This will be a nationally recognized code and this will probably be the first city in Indiana to adopt such a code. Mr. Joseph Guentert, 1034 Foster Street, South Bend, Indiana, asked what this meant to South Bend residents. Mr. West replied that it pertains to construction and construction methods and describes basic practices. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Reinke. Motion carried.