08-12-74 Council Meeting Minutes

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REGULAR MEETING AUGUST 12, 1974 (COMMITTEE OF THE WHOLE MEETING (CONTINUED) (Councilman Taylor made a motion to recess, seconded by Councilman Kopczynski. The motion carried, and the Committee of the Whole recessed at 9:10 p.m. Reconvened at 9:38 p.m. Councilman Taylor stated that there had been a great deal of input at the meeting regarding the ordinance. He made a motion to continue the public hearing on the ordinance until the September 2 1974, regular Council meeting, seconded by Councilman Horvath. Councilman Parent stated that, in general, he was in favor of the ordinance; however, he wanted a full public disclosure of contri- butions and the addition of a personal financial disclosure of public officials. He talked about the "pegging of the campaign funds to the amount of the salary of the office ". He felt the right of city employees to participate in campaigns was restricted. He was of the opinion that the incumbent was placed at a definite advantage over the challenger by setting the same maximum to be expended. He urged the Council members to publish their personal financial statements as he had done since he had been in office. The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (southwest corner of Michigan and Chippewa). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. James Harrington, Attorney at Law, practicing at 645 First Bank Building, stated that he was the attorney for the Estate of Estelle Cover. He introduced Mr. Steve Kompar, Vice President and Trust Officer of the First Bank and Mr. Wallace Pritz, a developer. He referred to an overhead of the property soughtto be rezoned. He stated that the area was presently zoned "B" Residential and it was being requested that the area be zoned to "C" Commercial. Part of the southern area, at present, had already been zoned commercial. He indicated that the building to be constructed, which would be adjacent to Main Street with entrance on that street, consisted of a retail grocery store, drug store and greenery store, and a separate retail carpet store and professional office building. He stated that commercial establishments extended south to Ireland Road in the immediate vicinity on the same side of Michigan. Also, off Chippewa, there were more commercial establishments. He felt the shopping facility, as proposed, would be a convenience for the people in the area. He stated that parking constituted 75% of the area and the buildings constituted 25% as required. It was hoped employment would be increased 50 -60 people, with a payroll of $500,000. The assessed valuation was determined to be approximatel $400,000. The drives and traffic patterns have been approved and the area has been found to be consistent with the Land -Use Transportation Plan. Mr. Harrington indicated that the Area Plan Commission has approved the preliminary site plans for the property. Mr. Maurice Cohen, 725 East Eckman Street, talked about the committee formed by the Council President regarding the rezoning of this property. He wondered if the committee had made any recommendation concerning the issue. Councilman Parent, as chairman of the special Committee on Governmental Procedure, stated that the committee was to report on the procedure used in the original filing of the petition and not the merits of the rezoning by First Bank and Trust Company. He hoped the report would be forthcoming after adoption of the budgets. Council President Nemeth asked about the land deeded to the city for the connector. Mr. Harrington stated that this was deeded in June. Council President Nemeth wondered if the right -of -way the city took was included in the rezoning, and Mr. Harrington indicated that it was not. Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Taylor. The motion carried. INANCE 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) - 2822 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. Dr. Ronald Milovich, 1949 Renfrew, made the presentation for the ordinance. He explained that he and his associate had purchased and remodeled a building at 2822 South Michigan Street for their practice. It was proposed that the basement are could be used for rental property since it was remodeled. He stated that much of the area on Michigan Street was commercial, and he hoped the Council would act in favor of the request to zone the property to commercial. Councilman Szymkowiak was of the opinion that the property should be rezoned to "C -1" as it would be a more restrictive classification to future owners. He asked if another establishment was going to be utilized in the building. Dr. Milovich indicated that it was hoped a beauty shop could be housed in the building. Councilman Szymkowiak hoped there would be no problem with parking. Dr. Milovich asked about the "C -1" classification and how that would affect his plans for the property. Councilman Taylor explained that "C -1" would allow the beauty shop in the building; however, it was a more restrictive classification than just "C" Commercial. Councilman Szymkowiak made a motion to amend the ordinance to "C -1 ", seconded by Councilman Kopczynski. Chairman Newburn indicated that he would not recognize that motion as there had been a brief discussion that a few councilmen wished to comment further. It was indicated by Council President Nemeth that discussion could continue after the motion, and he made a motion to amend the ordinance as follows: Amend title to read: An Ordinance amending and supplementing Chapter 21 of the Municipal Code of the City of South Bend, Indiana. Amend Section 1 to read: Chapter 21 of the Municipal Code of the City of South Bend, Indiana, be and the same is hereby amended, supplemented and changed in Section 21 -6 thereof to provide that the following described real estate located in the City of South Bend, Indiana, to -wit: Lot #27 - Plat of Eckman and Eckman be and the same hereby is changed in its Use District Regulation Classification from "B" Residential, "B" Height and Area, to "C -1 Commercial, "B" Height and Area, the same to conform with the site development plan submitted herein. Amend Section 2 to Read: This ordinance shall be in full force and effect from and after its passage by the Common Council, its approval by the Mayor and legal publication.