10-14-74 Council Meeting Minutes

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REGULAR MEETING OCTOBER 14 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) 228 West Bartlett and had never received it. Councilman Parent felt that the community was getting a very good program for the amount of money being spent. He felt the Council should be very care- ful about how the money was being spent; however, the program needed the funds to operate effec- tively. Councilman Taylor made a motion to fund Delos House for a three -month period at a figure of $23,750 seconded by Councilman Horvath. Councilman Kopczynski wondered how Councilman Taylor had arrived at that figure. Councilman Taylor indicated that this was basically a 10% cut. He indicated that he had no interest in "killing the program ". He stated that, in about three months, the lease for Delos House would expire, and he felt the program could be salvaged after relocation to another area. Mr. Stephens indicated that the lease did not expire until February 14th. Councilman Taylor stated that perhaps his motion could be amended to include the term of the lease. Councilman Kopczynski wondered about the amount of money left, or surplus. Mr. Stephens indicated that there was a surplus of about $24,000 which was included in the present budget. Councilman Kopczynski indicated that, with the surplus, the program could be operated for the next few months without additional appropriations. Mr. Stephens agreed. Councilman Kopczynski wondered why the lease had not been supplied to him when requested. Mr. Stephens indicated that he had gone to extreme length to accommodate the Council's requests, in his opinion. Councilman Miller wondered if Dr. Wilett could make any reductions in the appropriation request. Dr. Wilett felt NIDAS must have the freedo to administer the program without line items. He indicated that the program could only be operated for a certain period of time with the surplus in the budget, and he asked that the Council appro- priate a budget to take the program through the lease period. Mr. Stephens stated that $8,500 would be needed for each month of operation. Councilman Miller felt that, with the current carry -- over, the program could be funded through the lease period at $23,750. Councilman Szymkowiak felt [MIDAS was "being free with someone else's money ". He felt the money should be spent more wisely. Mr. Stephens indicated that there was approximately a six to eight week waiting period before the funds could be used if appropriated now. He stated that he would have to come back to the Council before the expiration of the lease to cover the gap. He requested that the Council appropriate an additional two months' funds. Councilman Parent called for the question. Chairman Newburn requested a roll call vote on the motion to amend the appropriation to $23,750. The motion carried by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) and one nay (Councilman Kopczynski). Councilman Miller requested a recess and so moved, seconded by Councilman Taylor. The motion carried, and the Committee of the Whole recessed at 9:25 p.m. Reconvened at 9:53 p.m. Councilman Taylor made a motion that the ordinance be recommended favorably, as amended, to the Council, seconded by Councilman Horvath. 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) - Bendix Drive between Green Street and Bonds Avenue. 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., Attorney at Law practic at 645 First Bank Building, made the presentation for the ordinance. He indicated that he was (representing the petitioner, Mr. Ray Debshaw, who would be the developer and owner of the property in question if the rezoning was successful. At present, the Bendix Corporation was the owner of the property. Mr. Dunfee referred to the overhead projector which showed the boundaries of the property located on the east side of Bendix Drive between Green Street and Bonds Avenue. The zoni would be changed from "B" Residential to "C -1" Commercial for the construction of a drug store. H indicated that this was the first rezoning petition he had presented to the Council that had received a unanimous unfavorable recommendation from the Area Plan Commission. He felt the proper could be developed according to a site development plan over which the Area Plan Commission and Council had control. He explained that the area, as presently zoned, could be used for multiple - family dwelling units and many other uses that could be detrimental to the area. He stated that the petitioner would construct a drug store under the "C -1" District and would be required to sub- mit site plans for Area Plan's approval. He talked about the other commercial uses in the area, indicating that at some future time, the whole area would eventually become commercial. He asked that the Council approve the rezoning in order that the petitioner could provide an orderly development of the area. Mr. Eugene Pawlak, 3013 Fredrickson Street, talked about the traffic congestion in the area becaus of the commercial establishments, Bendix Corporation and the park. He felt traffic could not be controlled, and this was his major objection. Councilman Kopczynski wondered if Mr. Pawlak felt there was adequate police protection for the traffic problem. Mr. Pawlak felt the police did the best job possible in the area of the traffic congestion and also concerning activities, such as ball games, at the park. Councilman Szymkowiak stated that 213 petitioners wanted to preserve the area in the residential classification. He felt the opposite side of the street would be a better location for commercial establishments. Mr. Dunfee stated that Mr. Debshaw had agreed to purchase two lots in back of the property and would leave the area residential as a buffer. Councilman Szymkowiak made a motion that the ordinance be recommended unfavorably to the Council, seconded by Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA - intersection of Cushing and Beale Streets. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Richard Doyle, Attorney at Law practicing at 516 Odd Fellows Building, made the presentation for the ordinance. He indicated that he was representing the petitioner, Robert Batteast, who desired to rezone the property to "B" Residentia for the construction of two buildings containing 16 dwelling units. He referred to the overhead projector showing the property in question and stated that the land had not been developed because of years of litigation. He indicated that now the title has been cleared. He stated that there would be parking in back with adequate landscaping, and the units would be'brick veneer with