09-25-72 Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 25, 1972 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County -City Building on Monday, September 25, 1972 at 8:00 p.m. The meeting was called to order by President Peter J. Nemeth and the Pledge of Allegiance to the flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Council - man Newburn. The motion carried. 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 at 8:05 p.m. with nine members present. The meeting was called to order by Chairman Odell Newburn who presided. ORDINANCE AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IDENTIFIED AS ORDINANCE NO. 4990, ORDINANCE NO. 3702, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE, AND THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, SECTIONS 40 -1 TO SECTIONS 40 -43, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE (Southwest Corner, Eddy and Jefferson) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Arthur Frisk, Attorney for Associates Family Services Center, spoke for the ordinance. This ordinance is asking that the same zoning approved by the Council for the original petition filed by Associates now be approved again. The site plan filed with the original petition was for a two -story building. However, the build- ing constructed on the site is a three -story building. Mr. Frisk said that this was a technical difference. The site plan did provide for a possible third story and this is the way the con- tracts were let. The Cl Commercial zoning would allow for a building with up to seven stories so it is not a question of any violation of the zoning. They are asking that the Council approve an amended site plan allowing for a three -story building. The amended site plan has been recommended favorably by the Area Plan Commission. Mr. Frisk said they are respectfully request- ing the Common Council to approve this amendment so that the site plan for this particular tract of land might conform to the law. Miss Fanny Grunwald, 227:S. Francis Street, said that she objected to the fact that this whole matter came up because she complained to the Council about employees of Associates parking on the street all day so that residents of the neighborhood had no place to park. She said the names of all the commissioners, inspectors, contractors, and others involved in this project should be made public. She said that someone must have been aware that the building was not being built according to regulations, and that it should not be legalized now. She said allowing this corporation to disobey the law is not setting a good example for our young people. Mr. Thomas Maloney, Catalpa Drive, said that approving this tech= nical error would be legalizing a flagrant violation of zoning laws. He said he does not think it is right that a corporation can go ahead and ignore the dictates of the Council and then the Council give its blessing to the actions of the corporation. He said it is a testimony to the power of Associates in South Bend. Mrs. Patricia Maloney, Catalpa Drive, said that, if the Council approves this rezoning, they are sanctioning an illegal act by a corporation. This This irresponsibility should be treated the same as an individual would be treated, yet no punitive measures have been suggested and no apology has been received from Associates. Mrs. Grunwald said that consideration should also be given to the fact that Associates employees who are parking in the nearby church parking lot are parking on tax -free property. Councilman Serge commented that this Council came into existence in January and that this problem arose from the actions of a previous Council. He said that this corporation employs over 900 people in the area and pays taxes. Councilman Miller said he wished to clarify one point. The Council is not determining the legality of this matter. Its' only purpose is to determine whether this building does meet the plans for the City of South Bend. Since the zoning allows for a seven - story building, Mr. Miller said that in his opinion the building does meet the zoning require- ments. Councilman Parent said that he has been working on this matter since February in an .attempt to see how these errors could have been made. There were two major errors. The building site that was planned, for the three -story or the two -story building, never did have enough parking available. A petitioner is allowed, when not enough'-on -site parking is available, to go before the Board of Zoning Appeals for approval of off -site parking. They did not get prior approval for this. They made a major modification of the site plan and did not petition the Common Council again to approve the change.. It is difficult to see how this could happen. Mr. Parent said that he thought Mr. Miller was correct. The Council is not here to try Associates on whether what they did was legal or illegal. He said that he would like to see the City Attorney take steps if they wish to prosecute. In the meantime, the Council is in a dilemma. Mr. Parent continued that he was in favor of giving Associates the proper zoning for the build- ing. A three -story building could have been built on the site if they had used the proper procedures. What happens when someone without resources breaks the law on two points? Mr. Parent concluded that he would like to see the administration take another stance on such matters in the future. Councilman Kopczynski said that Associates is a credit to the community and it is unfortunate that this happened. He then asked Mr. Frisk if the building permit was issued for a two or a three story building. Mr. Frisk said that the contract was let for a three story building and that the building permit fee paid was $198.50 and was paid on the contract for a three story building. Councilman Parent said that he had a copy of the application for the building permit and it was for a two -story building with a fee of $198.50. It would appear that this fee was not paid for the third story and that Associates might owe a balance of another $100 which should be paid. Councilman Nemeth asked Mr. Douglas Carpenter of the Area Plan Com- mission if this was not spot zoning. Mr. Carpenter said that this zoning was recommended for this area. Councilman Nemeth asked Mr. Carpenter if he did not tell the Council two weeks ago that the Plan Commission does not approve spot zonings. Mr. Carpenter said they did recommend approval of this. Councilman Szymkowiak asked Mr. Frisk if the engineers and contractors on a project do not check to see what type of building permit has been issued. He said he feels very strongly about this matter since he was a member of the Council which approved the plans for a two -story building. He said he feels this is not fair to the past Council. Mr. Frisk intro- duced Mr. William Weist, of the Hickey Construction Company, who gave a lengthy explanation of the process of obtaining a permit from the State of Indiana for construction of a public build- ing. Councilman Miller made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. Motion carried.