03-27-72 Council Meeting Minutes

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REGULAR MEETING MARCH 27, 1972 REGULAR MEETING - CONTINUED COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend, Indiana met in the Committee of the Whole in the Council Chambers of the County -City Building on Monday, March 27, 1972 at 8:03 p.m. with nine members present. The meeting was called to order by Chairman Odell Newburn, who presided. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (TEACHERS CREDIT UNION) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Isadore Rosenfeld, 1001 St. Joseph Bank Building, Attorney for the Teachers Credit Union, spoke in favor of the ordinance. This rezoning received unanimous approval by the Area Plan Commission and would allow construction of a new building on the northwest corner of Jefferson Blvd. and Notre Dame Avenue. Mr. Rosenfeld displayed an artist's conception of the structure, which will be a one -story building, with off - street parking provided and with a provision made for the construction of a second story at a later date, at which time a landscaped area in the plan would then provide additional parking spaces needed. At least two residents of the area appeared at the public hearing held by the Area Plan Commission who favored the rezoning because they felt it would be of benefit to the neighborhood. Councilman Szymkowiak asked if the provision for the additional story to the build- ing was shown on the site plan. Mr. Rosenfeld said that it was. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if this would keep the property on the tax rolls. Mr. Rosenfeld replied that it would stay on the tax rolls and would add to the value of the property. Councilman Parent asked the City Attorney if there was any conflict of interest in- volved in that some of the City Councilmen are members of the Teachers Credit Union. Mr. Sweeney replied that there was no conflict of interest. Councilman Taylor made a motion that the ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. Motion carried. ORDINANCE AN ORDINANCE ESTABLISHING PROCEDURES FOR THE DISPOSITION AND RENTAL OF REAL PROPERTY OWNED BY THE CITY OF SOUTH BEND, INDIANA, AND FOR OTHER PURPOSES This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Kevin Butler, Deputy City Attorney, said that the Council members were familiar with the purposes of this ordinance. The Indiana Code provides specific recommendations and procedures for the disposition of city- o,��Jned property. The State Code was amended to provide that the city may adopt its own procedures for disposition and repealed previous provisions. We are now in a state of limbo with no established procedures for disposing of city -owned property. Miss Virginia Guthrie, Executive Director of the Civic Planning Association, asked Mr_. Butler if this was city property only and not park or redevelop- ment property. Mr. Butler answered that it was civil city property only. Miss Guthrie asked how much property the city owns and if there is a listing of such property. Mr. Butler said that a complete inventory of city -owned property is being compiled and that the Board of Public Works and Safety will have the inventory available for inspection when it is completed. The Board of Public Works and Safety can declare that a parcel of property is not needed for public purposes. The Common Council must act and review whether or not the property is needed. The sale of any property appraised in excess of $100,000 must go to the Council for approval. Councilman Miller asked Mr. Butler to clarify whether streets and alleys are considered city -owned real property. Mr. Butler replied that some streets and alleys are considered city property, if they have been vacated, and in other instances the city has easement rights only. Councilman Horvath asked if all property must come before the Council for approval before disposition. Mr. Butler replied that the Board of Public Works and Safety would determine whether a property was not needed for public purposes and should be sold. If the Council is in accord, the Board of Public Works and Safety would conduct appraisal and bidding procedures. If the appraised valuation is over $100,000, the Council must approve the sale. If the amount is under $100,000 it does not have-to come before the Council. Councilman Nemeth asked why the figure of $100,000 was chosen and if there would be much property involved which would go over the $100,000 figure. Mr. Butler replied that the Council members had recommended that a reasonable figure be used and that only property with a sizable structure on it would come within that provision. Councilman Szymkowiak made a motion that the ordinance be amended to change the figure on Page 3, Section E, Part 3 to $25,000. Councilman Parent seconded the motion and it carried. Councilman Nemeth made a motion that the ordinance go to the Council as favorable, as amended. Seconded by Councilman Horvath. Motion carried. There being no further business to be considered before the Committee of the Whole, Chairman Newburn entertained a motion to rise and report to the Council, so moved by Councilman Taylor, seconded by several, and carried. Time 8:30 p.m. ATTEST: CITY CLERK REGULAR MEETING - RECONVENED Be it remembered that the Common Council of Council Chambers in the County -City Building President Peter J. Nemeth presiding. REPORT OF THE COMMITTEE ON MINUTES HAI the City of South Bend, Indiana reconvened in the on Monday, March 27, 1972 at 8 :30 p.m., Council Your committee on the inspection and supervision of minutes would respectfully report that they have inspected the minutes of the March 13 regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. /s/ Peter J. Nemeth /s/ Terry S. Miller Upon motion by Councilman Taylor, seconded by Councilman Horvath, and carried, the report was accepted and placed on file.