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REGULAR MEETING AUGUST 23, 1976
<br />REGULAR MEETING - RECONVENED
<br />Mr. Rick Bell, 1116 Byron, indicated it would be a financial burden for the doctor to relocate,
<br />however, easier for the doctor to relocate than for the neighbors to take a cut in the value
<br />of their homes.
<br />Mr. James Barcome, 4216 Miami, spoke against the rezoning. He indicated that the property valua-
<br />tions could go down if this rezoning is allowed. He indicated that the neighbors were afraid he
<br />would expand his operation.
<br />Dr. Scott Kiester, chief of staff, Osteopathic Hospital, encouraged the Council to act in a
<br />fair and just manner regarding this rezoning.
<br />Mr. Hardig indicated that Mr. Taylor might have a conflict of interest, regarding his wife's
<br />employment. Council President Parent raised a point of order, indicated Mrs. Taylor's work was
<br />irrelevant.
<br />Council Member Horvath indicated that the Council did not enforce zoning laws they passed them
<br />according to the way the Council felt they should be passed, and that the Council was simply
<br />rezoning this property.
<br />Council Member Kopczynski indicated that the zoning laws were very deficient. He indicated it
<br />was unfair to permit a doctor to start a practice in a house as long as he lives there. Now,
<br />all of a sudden we are going to disrupt the entire thing. He said he felt it only fair that Dr.
<br />Kotoske remain in that location and continue a practice that has been accepted for so many years
<br />by the residents. Council Member Kopczynski made a motion that this ordinance go to Council
<br />favorably, seconded by Council Member Szymkowiak.
<br />Council President Parent indicated he thought th Eproblem could be resolved by the doctor moving
<br />back into his office. He said when the doctor moved he automatically violated the law. He said
<br />the biggest job of the Council was to preserve neighborhoods. He said there was no way the Counci
<br />could vote in favor of the motion to rezone this property because of the danger to the neighborho
<br />Council Member Szymkowiak indicated that the doctor was willing to sign an agreement that if he
<br />moved the property would revert back to "A" residential. Council Member Serge asked to be allow
<br />to abstain from voting, due to a conflict of interest. Council President Parent made a motion t
<br />allow Council Member Serge to abstain, seconded by Council Member Miller. Council Member Kopczy
<br />indicated he thought an explanation should be given. Council President Parent asked the Council
<br />attorney, Kathy Cekanski if a reason had to be stated publicly, and she indicated it did not hav
<br />to be stated.
<br />Council Member Parent made a motion to adjourn, seconded by Council Member Dombrowski. The motio
<br />carried. The meeting adjourned at 8:35 p.m., and reconvened at 8:50 p.m. Council Member Kopczy
<br />indicated that Council Member Serge explained his reason for abstention and felt the explanation
<br />was reasonable. A roll call vote was taken on the abstention and it passed with a vote of nine
<br />ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath
<br />and Parent).
<br />Council Member Taylor explained his wife's employment, and said he did not feel it was a conflic
<br />of interest.
<br />Council Member Adams asked Dr. Kotoske if it would be possible for him to use this residence as
<br />his home. He indicated it would not be possible. Council Member Adams asked how much of the
<br />residence was used as office space. Dr. Kotoske said all of it was used for office space.
<br />Council Member Adams indicated that she would like Council Member Kopczynski to withdraw his
<br />motion, so the-Council could continue this hearing and look at other locations in the City where
<br />doctors have their offices in "A" residential areas.
<br />Council Member Parent made a motion to cut debate, seconded by Council Member Taylor. The moti
<br />carried.
<br />A roll call vote was taken on the motion to send the ordinance to the Council favorably. This
<br />motion failed on a vote of two ayes (Council Members Szymkowiak and Kopczynski� six nays (Council
<br />Members Miller, Taylor, Adams, Dombrowski, Horvath and Parent) and one abstention (Council Member
<br />Serge) .
<br />Council Member Miller made a motion that the ordinance go to Council unfavorable, seconded by
<br />Council Member Taylor. The ordinance went to Council unfavorable on a roll call vote of six aye:
<br />(Council Members Miller, Taylor, Adams, Dombrowski, Horvath and Parent) two nays (Council Member:
<br />Szymkowiak and Kopczynski) and one abstention (Council Member Serge).
<br />ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER
<br />21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971,
<br />ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED,
<br />AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE
<br />CITY OF SOUTH BEND, INDIANA, AS AMENDED RELATIVE
<br />TO THE POWERS AND DUTIES OF THE HISTORIC PRESERVATION
<br />COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY.
<br />Council Member Miller made a motion to refer this ordinance to Area Plan, seconded by Council
<br />President Parent. The motion carried.
<br />ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $10,000.00
<br />FROM ACCOUNT NO. 110.0 "SALARIES AND WAGES, REGULAR"
<br />TO ACCOUNT 262.0 "MEDICAL, SURGICAL, & DENTAL," BOTH
<br />ACCOUNTS BEING WITHIN THE POLICE DEPARTMENT BUDGET
<br />OF THE GENERAL FUND OF THE CITY OF SOUTH BEND.
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