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COMMITTEE OF THE WHOLE MEETING (CONTINUED)
<br />was situated in the commercial -area zone because it was located at the corner. After checking the
<br />map, Councilman Miller agreed. Mr. Ambler stated that the request to C -1 zoning was the lightest
<br />commercial zoning there was. Councilman Horvath indicated that, if the Council has in the past
<br />turned down other similar requests, he did not feel the Council could go along and approve the
<br />request. He felt the Area Plan Commission was not consistent with its plan. Mr. Ambler asked
<br />about the uses of the other requests Councilman Horvath had referred to. Councilman Horvath
<br />indicated that he believed one request was for a real estate office and the other was for a doctor'
<br />office, both being within residential areas. Councilman Parent indicated that, at the Area Plan
<br />Commission hearing, he had voted favorably on the rezoning because he relied upon the remonstrator
<br />in reaching a decision. He stated that, at that time, there had been no remonstrators. He
<br />indicated that, in view of the fact that there were remonstrators, he would now have to vote
<br />against the rezoning. He felt the neighborhoods should be preserved.
<br />Councilman Parent made a motion that the ordinance go to the Council as unfavorable, seconded by
<br />Councilman Horvath. A roll call vote was requested. The motion carried by a roll call vote of
<br />six ayes (Councilmen Serge, Szymkowiak, Parent, Taylor, Horvath and Newburn) and two nays
<br />(Councilmen Miller and Kopczynski) with Council President Nemeth absent.
<br />Councilman Taylor then made a motion to recess, seconded by Councilman Parent. The motion carried
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<br />and the Committee of the Whole recessed at 9:03 p.m. Reconvened at 9:17 p.m.
<br />Councilman Miller indicated that the City Attorney was to give his quarterly
<br />and that he had intended to introduce to the Council and audience his staff.
<br />time be allowed before the next public hearing for Mr. Roemer to do so.
<br />REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF LAW
<br />report to the Council
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<br />He requested that
<br />Mr. James Roemer, Director of the Department of Law, stated that he wished to introduce his staff
<br />and explain briefly their duties. He introduced Mr. Robert Parker, Chief Deputy City Attorney,
<br />and explained that Mr. Parker handled all matters pertaining to real estate, mechanic's liens and
<br />annexations. He then introduced Mr. Art Perry who, like Mr. Parker, has been on the City Attorney';
<br />staff for many years. He indicated that Mr. Perry dealt with any bonding issues, some litigation
<br />pertaining to that and any matters concerning the Civic Center Authority. Mr. Lou Laderer handled
<br />all litigation for the city. Mr. Roemer introduced Mr. William Stanley who represented Model
<br />Cities, the Human Relations and Fair Employment Practices Commission and matters under the Barrett
<br />Law Department. Next was Mr. Ken Sheetz, the newest member to the staff, who handled the minor
<br />violations such as traffic, trash, weeds, dogs and noise problems. He then introduced Mr. Gerald
<br />Sakaguchi who represented the Water Works, Wastewater and handled all building code violations.
<br />He briefly mentioned the legal intern program, utilizing the services of students at Notre Dame.
<br />He stated that one of the three interns, Mr. Greg Long, was present at the meeting. He concluded
<br />that besides the above mentioned attorneys, his office was also staffed by three great secretaries.
<br />Chairman Newburn indicated that he wanted to give recognition to a few University of Notre Dame
<br />students who were present at the meeting.
<br />ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING
<br />ORDINANCE NO. 4990 -68, CHAPTER 40 of THE
<br />MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
<br />INDIANA, FORMERLY REFERRED TO AS ZONING
<br />ORDINANCE NO. 3702 (IRELAND ROAD EAST OF
<br />AND CONTIGUOUS TO THE MONTGOMERY WARD AND
<br />SCOTTSDALE MALL PROPERTY).
<br />This being the time heretofore set for public hearing on the above ordinance, proponents and
<br />opponents were given an opportunity to be heard. Mr. Joseph Roper, 107 Eddy Street, the attorney
<br />representing Place & Company, made the presentation for the ordinance. He stated that the propert,
<br />was located on Ireland Road east of the tire repair service in the Scottsdale Mall. He stated that
<br />Place & Company had sold certain property to Casto Shopping Center who, in turn, had developed the
<br />mall. He referred to a slide of the property in question and explained that, when the land was
<br />sold to Casto, the property in question, being a one -acre tract, had been reserved. He indicated
<br />that the petitioner desired to rezone the property to C -1. He indicated that the property was
<br />about 200 feet in depth on Ireland Road and was west of the Scottsdale Addition. He explained
<br />that the property would have an office building constructed on it of three stories, with the
<br />basement, first floor and part of the second floor being utilized by Tower Federal Savings and Loaz
<br />Association. He concluded by indicating that there had been no opposition at the Area Plan
<br />Commission meeting.
<br />Councilman Kopczynski asked where the auto repair was located that Mr. Roper had referred to
<br />because he wondered if auto repair was allowed in a C -2 District. Mr. Roper indicated that he had
<br />referred to the Montgomery Ward Automotive Center and apologized by stating that he had not meant
<br />to use the words "auto repair ".
<br />Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by
<br />Councilman Serge. The motion carried.
<br />ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68,
<br />COMMONLY KNOWN AS THE ZONING ORDINANCE OF
<br />THE CITY OF SOUTH BEND, INDIANA (1989 PRAIRIE
<br />AVENUE) .
<br />This being the time heretofore set for public hearing on the above ordinance, proponents and
<br />opponents were given an opportunity to be heard. Mr. Peter F. Nemeth, with offices located in the
<br />Tower Building, the attorney representing Mr, and Mrs. Kovacs, made the presentation for the
<br />ordinance. He indicated that the request was being made from "A" Residential District to "C"
<br />Commercial. He stated that the area was, at one time, determined to be commercial. He explained
<br />that Mr. Kovacs had purchased the property and obtained a permit to remodel and reconstruct the
<br />former restaurant facilities. Sometime after that, he was told the area was zoned "A" Residential
<br />Mr. Nemeth indicated that many persons had appeared at the Area Plan Commission hearing, and he
<br />felt all their questions were answered at that time. He referred to a slide of the property in
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