12-13-76 Council Meeting Minutes

Home Browse Search

597 REGULAR MEETING DECEMBER 13, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Council President Parent made a motion to amend the ordinance, seconded by Council Member Adams. The motion carried. Mr. Richard Johnson, Director of Area Plan, said the passage of this ordi- nance was important and it will help to stabilize neighborhoods. He said that Area Plan re- commended this ordinance favorably to the Common Council. Mr. Richard Muessel, real estate appraiser, indicated he had extensive experience in making valuations of property being condemne in which the areas were blighted. He said in his opinion adult businesses were a sign of an advancing blight condition. Vincent Smith, Special Operations Officer of the Police Department spoke regarding the correlation between adult businesses and the crime ratio in the City. Mrs. Arlene Quigley, 1019 N. Francis, read the following statement: TO: MEMBERS OF THE SOUTH BEND CITY COUNCIL FROM: Northeast Neighborhood Council SUBJECT: Ordinance #4990 -68 The Northeast Neighborhood Council has on several occasions expressed its interest in the devel ment of an ordinance limiting the spread of "adult businesses" in residential neighborhoods. We have talked with Mayor Nemeth and his Administrative Assistant, Mr. Carrington, Mr. Thomas Brunner, City Attorney, our Councilman Roger Parent and to the Alcoholic Beverage Commission. Our particular neighborhood's problem is one of too many taverns or bars (5) in very close proximity to an "A" Residential" area: The five -point corners of South Bend Avenue, Eddy and Corby Blvd., plus the corner of North Notre Dame Avenue and Howard Streets and the tavern at the corner of South Bend Ave., and Notre Dame Avenue in a "B Residential" general area. (there is one family -type bar to which we have no objection.) Our residents are continually harrassed by the noise of broken bottles, loud and profane language, roaring automobile engines and horns, trespassing on lawns and property, the blocking of driveways and garages and other general disturbances, particularly on weekends during the early hours of the morning. Tavern goers roam from one establishment to the other carrying on loud conversations with each other without regard to the hour -- sometimes 2 to 4 a.m. This has a very disasterious effect on one's ability to sleep. We are also concerned for those other areas of the City that are having difficulties with adult book stores, adult motion picture theatres and cabarets. Our Council feels that these types of businesses are very detrimental to the well -being of any neighborhood and tend to attract an element which the City of South Bendcbes not want or need. We are, therefore, delighted that an ordinance amending Chapter 21 of the City Code of South Bend, known as Ordinance #4990 -68, has been introduced and we urge you to pass it with all due speed with implementation and enforcement as soon as possible. Arthur J. Quigley, President NORTHEAST NEIGHBORHOOD COUNCIL cc: Mr. Roger Parent, Pres. City Council Mr. Thomas Brunner, City Attorney Council Member Serge indicated there was an adult book store moving in his area and he wanted to know if the ordinance was passed could they be stopped. Mr. Brunner indicated that if the pro- perty was purchased for that purpose, the City would have a problem in making this retroactive. Council Member Szymkowiak made a motion that this ordinance be recommended to the Council favor- ably, as amended, seconded by Council Member Dombrowski. 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 21, MUNICIPAL CODE) (100 BLOCK OF EAST NORTH SHORE DRIVE). This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Jack Dunfee, attorney representing the peti- tioners, said that on December 30, 1976, he sent a letter to Mr. Parent withdrawing the petition initiated by the property owners. Mr. Parent, representing the Fourth District, said he was concerned about the Harter Heights Area. He said the petition was filed and there was an ordi- nance before the Council. He said he was requesting the Council to continue the public hearing on this ordinance until the January 24 meeting of the Council, in order to have additional time to study the questions raised. He said it appears the petitioners thought the area was zoned "A" and the attorney has done some research and found a 1946 ordinance which rezoned the propert to "B ". He made a mtoion the ordinance be continued until January 24, seconded by Council Membe Dombrowski. The motion carried. Council Member Miller indicated it was normally the Council's practice to let the public speak regarding the issue. Mr. Norman Crowe, 315 Peashway, discussed their neighborhood association's reasons for opposing the rezoning. Council President Parent ma a motion to recess, seconded by Council Member Dombrowski. The motion carried and the meeting w recessed at 8:37 and reconvened at 8:57. ORDINANCE AN ORDINANCE APPROPRIATING $18,000 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS CODE ENFORCEMENT PRO - GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. Council Member Adams made a motion to continue public hearing on this ordinance until January 4, 1977, seconded by Council Member Taylor. The motion carried.