11-24-75 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 24, 1975 REGULAR MEETING (CONTINUED) Councilman Horvath made a motion to resolve into the Committee of the Whole, seconded by Councilma Taylor. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, November 24, 1975, at 6:05 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (800 East Jefferson Boulevard). There was no one present to make a presentation for the ordinance. Chairman Newburn indicated tha the Council would proceed with the next item of business and return to this matter. ORDINANCE AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (319 North William Street). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. John Oxian, Vice President of the Historic Preservation Commission, made the presentation for the ordinance. He indicated that the commiss had unanimously declared the building as an historic landmark. He added that the Area Plan Commission had also given approval of the declaration. He stated that he had checked with the property owner concerning the property even though this was not required under the ordinance. Councilman Miller wondered how many houses would be declared historic landmarks in the future, and Mr. Oxian indicated that, until the $25,000 requested by the commission was received, the number o: historic homes and landmarks was not known. He indicated that, when the money was received, a survey would be taken. He indicated that the commission, as of this date, was working on about 10 homes. Councilman Miller wondered about the criteria needed to declare an historic landmark. Mr. Oxian indicated that the commission had adopted three groups into which the properties would be listed: Group A (those homes and buildings listed on the national register); Group B (those buildings with local architectural and historical significance); and Group C (such as the Union Station which was merely bestowed with the honor of being historically significant). He indicated that the property under discussion would fall into the local architectural and historical category (Group B). Councilman Horvath wondered about the restrictions placed on the property owner when the building was declared to be historically significant. Mr. Oxian indicated that the ordinance establishing the commission would prevail, and he felt the restrictions on the owner were quite lax. He indicated that the zoning would not be changed and the owner could sell the property at any time. Councilman Nemeth wondered why the matter was being proposed as an ordinance and not a resolution, and Mr. Oxian indicated that the commission had felt that, with an ordinance, a little more authority would be given to the commission. He stated that a resolution would merely state the intent of being an historical landmark. Councilman Nemeth wondered if the property owner was in agreement with the recommendation of the commission, and Mr. Oxian indicated that he had checke( with the property owner and that person was quite anxious to have the building declared a landmark Councilman Nemeth wondered if any consent forms were signed by the property owners, and Mr. Oxian indicated that he was unable to obtain a consent form for the property at 407 West Navarre (next item on the agenda). Council President Parent made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (407 West Navarre Street). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. John Oxian, Vice President of the Historic Preservation Commission, indicated that he had received word from the property owner who did not wish the building to be declared historically significant. He asked that the Council strike the ordinance. Councilman Nemeth made a motion that the Committee of the Whole recommend that the ordinance be stricken from the Council's files, seconded by Councilman Taylor. The motion carried ORDINANCE AN ORDINANCE TRANSFERRING $38,129.85 IN THE GENERAL PARK FUND. ALL TRANSFERS ARE BEING MADE IN VARIOUS BUDGET CLASSIFICATIONS WITHIN THE GENERAL PARK FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Director of the Department of Public Parks, made the presentation for the ordinance. He indicated that the ordinance would transfer from various funds the amount of $38,129.85. He stated that a detailed breakdown of the transfers had been furnished the Council members. He stated that persons who have retired have not been replaced in the budget, and the department has concentrated on part -time employees. Because of that, there was a surplus in the social security account. He indicated that the Controller had advised the department that $85,000 be saved from the budget, and he indicated that he had tried to do this. Councilman Nemeth wondered about the balance in the labor account, and Mr. Seitz indicated that the balance was approximately $40,000. Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Common Council, seconded by Council President Parent. The motion carried.