04-13-77 Council Meeting Minutes

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M REGULAR MEETING APRIL 13, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED This being the time heretofore set f were given an opportunity to be hear Commission, made the presentation fc of $700,000 to construct and equip a increase in employment, and further Mr. McGill, attorney for Delta Star. commended to the Council favorable, BILL NO. 13 -77 or public hearing on the above bills, proponents and opponent d. Mr. Kenneth Fedder, attorney for the Economic Development r the ordinance. He indicated this bond would be in the amou facility at 1125 Walnut Street. He said this would mean an expansion of business in the South Bend area. He introduced Council Member Adams made a motion that this bill be re- seconded by Council Member Parent. The motion carried. A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (240 RUE DE VILLE). This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. William Voor, attorney, made the presentation for the ordinance. He said this rezoning involves the Left Bank Club. He said the building was built approximately five years ago, and was rezoned as Cl, and that zoning does not conform, as it shou be C. He said that Area Plan had recommended this favorable. He indicated they did not anticipa any changes to the building. Council President Parent made a motion to recommend this favorable to the Council, seconded by Council Member Adams. The motion carried. BILL NO. 29 -77 A BILL AMENDING CHAPTER 11, GENERALLY KNOWN AS THE HOUSING AND MAINTENANCE CODE, ESTABLISHING MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES FOR LIGHT, VENTILATION, SPACE HEATING AND SANITATION; FOR SAFETY FROM FIRE, FOR SPACE, USE AND LOCATION; AND FOR SAFE AND SANITARY MAINTENANCE; FOR COOKING EQUIPMENT IN ALL STRUCTURES NOW IN EXISTENCE; FIXING THE RESPONSIBILITIES OF OWNERS, OPERATORS AND OC- CUPANTS OF ALL STRUCTURES; PROVIDING FOR ADMINISTRA- TION, ENFORCEMENT AND PENALTIES. Mr. Thomas Brunner, City Attorney, asked that public in conjunction with the above bill, since they were made a motion to suspend the rules and hear all thre Council Member Dombrowski. The motion carried on a BILL NO. 42 -77 BILL NO. 43 -77 hearing be held on Bill Nos.. 42 -77 and 43 -77 tied -in together. Council President Parent e bills, but vote separately, seconded by roll call vote of nine ayes. A BILL APPROPRIATING $23,040.00 FROM THE ANTI - RECESSION FUND COMMONLY REFERRED TO AS THE COUNTER- CYCLICAL GRANT, FOR VARIOUS BUILDING CODE ENFORCEMENT FUNCTIONS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPART- MENT OF ADMINISTRATION AND FINANCE. A BILL APPROPRIATING $40,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS BUILDING CODE COM- PLIANCE PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above bills, proponents and opponent: were given an opportunity to be heard. Mr. Thomas Brunner, City Attorney, made the presentation for the bills. He said this was an attempt to achieve greater compliance with the Housing Code. He said the State legislature adopted an unsafe building law statute in 1973. He said this pro- posed bill will designate the unit of government to administer the law, the Bureau of Buildings and Permits, as well as other provisions, such as, the definition of substantial property in- terest and establishment of the unsafe building fund. He said at the present time the City is limited in its recourse to legal remedies in enforcement of building standards. He said their only remedy has been demolition and this has only served to deplete the housing stock of the community. He said an important part of the proposed bill is the .creation of the position of a hearing officer who will be charged with carrying out the administrative enforcement provisions of the unsafe building law. He said the hearing officer will hear the evidence of the condition of the property and can direct and order the owner to remedy specific deficiencies. He said the Legal Department has one deputy who will be enforcing the housing code. He said they estimate one hundred cases per week will be going to a hearing officer. He said they felt this was a necessary first step to correct the Building Code problems. Mr. Franklin Morse, President of the Board of Public Safety, indicated that the Board was in support of this bill, based on two aspect; the enforcement of the program and penalties., as well as the procedural aspect. He said the Board was unanimous in urging the passage of this bill. Mr. Todd Areson, Director of Urban Observatory, gave the origin of the study they made on housing and their recommendations regard- ing housing and substandard housing. Mr. John Oxian, President of Historic Preservation', spoke on behalf of this proposed bill. He said the Commission would highly recommend the approval of this bill. Mr. John Roos, 1107 Notre Dame Avenue, indicated that this proposed bill would be a preventative to blight. Mr. Brian Crumlish, 1091 Riverside Dr., spoke in favor of this proposed bill. He said deterioration of housing stock must not be permitted. Mr. Charles Crutchfield, Notre Dame Professor, spoke in support of this bill. He said there were too many substandard buildings in this community. He indicated the bill was a step in the right direction. Mr. Walte: Kopczynski, Sixth District Councilman, indicated he thought the City had a responsibility to the property owner. Council Member Serge indicated he was in favor of this bill. Council President Parent said he thought the Urban Observatory in South Bend was one of the better ones in the country. He said their study was generally concise. He commended the Legal Department, as well as Urban Observatory. Council Member Szymkowak indicated he thought the City had waited too long for a bill of this type. He commended the Legal Department and the City Administration. Council Member Dombrowski indicated he thought this bill was something South Bend has needed for sometime. Council Member Taylor indicated he would like to see something done to enable people b buy homes in the target area with a very low downpayment. Council Member Adams asked how many hours the hearing officer would work per week. Mr. Brunner indicated approximately twenty hours per week.