01-14-74 Council Meeting Minutes

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REGULAR MEETING JANUARY 14, 1974 REGULAR MEETING - RECONVENED (CONTINUED) Amend the total amount of $363,433.00 to $200,237.34 wherever set forth in the ordinance. Amend the individual line items as follows: Account No. 263 (M.S.F.) .............. .................... $15,535.64 Account No. 722 (Solid Waste) ............................. 3,457.70 Account No. 261 (Park Department) ......................... 18,434.00 Account No. 261 (Civic Center) ............................ 31,436.00 Account No. 262 (Civic Center) -0- Councilman Taylor seconded the motion to amend. The motion carried. Councilman Szymkowiak then made a motion that the ordinance pass, as amended, seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5627 -74 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702, AS AMENDED (201 EAST IRELAND ROAD). This ordinance had second reading. Council President Nemeth indicated that a public hearing had been held on the ordinance at the December 17, 1973, regular meeting of the Council and that the second reading had been continued to the January 14, 1974, regular meeting. Mr. William C. Whitma 501 National Bank Building, the attorney representing the petitioner, Golden Bear Restaurants, Inc., briefly reviewed the request to rezone the property. He indicated that, on December 17, the matter was tabled. He explained that the property in question was a piece of real estate about on block east of Michigan Street on Ireland Road, the property being 310 feet deep. He indicated tha there was a contract to purchase all the land by Golden Bear Restaurants. He explained that the request in zoning was from Residential to Commercial, and he presented an architect's drawing of the proposed facility to the Council. He indicated that the area was heavily commercialized and he mentioned the establishments in the vicinity with only a small pocket of residential lots in th area. He stated that the restaurant would have one access on Ireland Road on the far west end of the property. Initially, two accesses had been planned. He talked about the strip of land betwee the Associates building and the property in question, indicating that it could not be used as an easement because of the financial situation. He stated that Golden Bear Restaurants had purchased more land than was needed at the present time and could not afford to purchase the land from Associates for the easement. He indicated that the petitioner would dedicate to the city 20 feet off the south end of the property for widening of Ireland Road when that project was commenced. He explained that, at the north end of the property, there was a small street called Norman Street which could possibly be used as an exit from the restaurant in an effort to relieve some of the traffic on Ireland Road. He stated that the restaurant would employ around 70 persons working on two 8 -hour shifts. Councilman Taylor asked if a proposal had been made between Gold( for the strip of land between the two properties, and Mr. Whitman the matter, Associates had been willing to sell that strip of lax Taylor wondered if Golden Bear had made an offer to purchase, anc time, Golden Bear had made an offer; however, it had been turned not the $8,000 figure. Councilman Taylor asked about the approx as far as taxable property. Mr. Whitman stated that $125,000 wa: He did not know about the value of the building as far as the ta) would definitely add to the tax base. Councilman Horvath stated on Ireland Road and for that reason, he would oppose the rezonin( going out of the restaurant would only be able to go west. He f( to use the existing curb cut would not be that great a problem t( he opposed these types of rezonings for that reason. He express( stay in South Bend; however, establish itself at another locatiox commercial property always generated traffic. He stated that th( recommended favorablv by the Area Plan Commission with a tempora3 n Bear Restaurants and Associates indicated that, as he understood d for around $8,000. Councilman Mr. Whitman thought that, at one down by Associates because it was mate amount for the new building needed for the real estate only. base; however, he stated that it that there was a traffic problem . He stated that the traffic It that another $7,000 or $8,000 the restaurant. He stated that d hope that the restaurant would Mr. Whitman indicated that request to rezone had been v access on Ireland Road. He stated that, when St. Joseph Street is extended, access could come out on that street. He stresse that the access on Ireland Road was only temporary. Councilman Parent indicated that he agreed with Councilman Horvath. He expressed the feeling that.the Council wished to approve the best commercial developments with regard to the various factors involved, such as the traffic generated He felt the Council should deny the rezoning. He made a motion to deny the request. Councilman Szymkowiak indicated that he wanted to speak before any motions were made, and he asked if the traffic conditions had been studied and observed. Mr. Rollin Farrand, Director of the Department of Public Works, explained that there could be a traffic problem in the area; however, there was one at the present time. He stated that there were plans to widen the street but he could not state when that would take place. He stated that he thought Associates would be coming back to the Council with a request to change its original site plan in that area. He indicated that, as a member of the Area Plan Commission, he had voted favorably on the recommendation. Councilman Taylor stated that, when Shakey's Pizza and the Ponderosa were brought up for rezoning, three or four of the councilmen voted against the rezoning. He stated that the rezonings passed and, when approved, most of the damage had already been done to the area. He stated that curb cuts were allowed and now the area was basically commercial. He did not feel the Council could turn down th request for rezoning because of that. Councilman Newburn stated that, as he understood the situa- tion, the strip of land between the Associates and Golden Bear Restaurant's property could be used as an access to Ireland Road. He wondered about the extension of St. Joseph Street and talked about the stop lights at the K -Mart entrance. Councilman Parent made a motion to not pass the ordinance, seconded by Councilman Horvath. Councilman Serge was concerned about the traffic problem and felt the firm could establish elsewhe Council President Nemeth indicated that an "aye" vote would be a vote against the ordinance and a "nay" vote would be a vote in favor of the ordinance. The motion lost by a roll call vote of five nays (Councilmen Szymkowiak, Miller, Taylor, Kopczynski and Newburn) and four ayes (Councilmen Ser Parent, Horvath and Nemeth). Councilman Miller then made a motion that the ordinance pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of six ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski and Newburn) and three nays (Councilmen Parent, Horvath and Nemeth).