04-09-73 Council Meeting Minutes

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REGULAR MEETING APRIL 9, 1973 REGULAR MEETING - RECONVENED (CONTINUED) "Robert Lehman moved the Area Plan Commission unfavorably recommend the petition for the following reasons: 1. The proposal is not consistent with the Comprehensive Plan of the City of South Bend. 2. The proposal is not consistent with the Model Cities Plan for the City of South Bend.' 3. In the opinion of the Area Plan Commission, the proposal is spot zoning. Mr. Lehman's motion was seconded by Garrett Mullins and carried with Mr. Parent abstaining. The petition of Atlantic- Richfield to zone from "B" Residential to "C" Commercial, the property known as the Nemeth Funeral Home on the southeast corner of Chapin and Washington is unfavorably recommended to the Common Council by the Area Plan Commission for these reasons." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in excerpts of the minutes and will be forwarded to you at a later date to be made a part of this report. Very truly yours, s/ Howard Bellinger HB:lari Executive Director cc: Atlantic - Richfield George P. Roberts Councilman Parent made a motion that the report of the Area Plan Commission be referred to the Council Committee on Human Resources and Economic Development, seconded by Councilman Taylor. The motion carried. (Councilman Newburn opposed and Councilman Nemeth abstained.) REPORT FROM DIRECTOR OF DEPARTMENT OF LAW Mr. James Roemer, Director of the Department of Law, made his quarterly report to the Council. He indicated to the Council that he had requested the attorneys in his office to be present at the meeting for the purpose of being introduced to the Council in order that the Council would be awar( of the legal counsel working for it. He informed the Council, however, that because it.had gotten so late, the deputy attorneys had already left, but he indicated that he did want to briefly explain to the Council who the deputies were and what their duties were. He indicated that his job was to advise the Mayor and the Council in decisions which required a legal opinion and, at times, it was a very difficult job. He also indicated that he provides legal opinions to all city department heads and that the books are researched in order to come up with an opinion in these cases. He indicated that his Chief Deputy was Bob Parker who had held that position for many years and he considered himself very fortunate to have been able to retain Mr. Parker on the staff, He explained that Mr. Parker dealt with all annexations, real estate problems in real estate acquisition and selling, foreclosure of real estate, mechanic's liens and miscellaneous opinions. He indicated that Jerry Sakaguchi handled all of the Water Works material and also the Wastewater Commission and the Zoning Board of Appeals. Lewis Laderer handled litigation and lawsuits. He briefly talked about the number of suits filed against the city and explained that the city does have insurance; however, it is a $1,000 deductible policy in order to keep the premium at a minimum. He indicated that Paul Kusbach handled the Model Cities contracts and due process hearings. Tom Connaughton was in charge of the enforcement of parking meter violations and cited an incident when he had received a notice of a traffic meter violation. By that letter, Mr. Roemer indicated that he had been assured Mr. Connaughton was doing his job well. He indicated that Art Perry was the federal law clerk and handled any legal opinions needed and prepared the ordinances the Council acted upon. He indicated that he held a weekly staff meeting and that there is an attorney present in the office every day. He concluded by saying that the legal pro- blems the city faces are considerable and he felt that being the City Attorney was a very serious obligation. Council President Nemeth thanked Mr. Roemer for his presentation. ORDINANCES, SECOND READING ORDINANCE NO. 5497 -73 AN ORDINANCE TO AUTHORIZE THE EXECUTION OF A LEASE, INDENTURE OF TRUST AND BONDS AND TO AUTHORIZE THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO MICHIANA BEVERAGES, INC. This ordinance had second reading. Councilman Newburn made a motion that the ordinance pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5498 -73 AN ORDINANCE TO AUTHORIZE THE EXECUTION OF A LEASE, INDENTURE OF TRUST AND BONDS AND TO AUTHORIZE THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO SERGIO, INC. This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass, 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. 5499 -73 AN ORDINANCE TO APPROPRIATE $123,750.00 FROM THE LOCAL ROAD AND STREET FUND AND $41,250.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND FOR PROJECT R & S 51 - SAMPLE STREET FROM MAYFLOWER ROAD TO GREENVIEW AVENUE. This ordinance had second reading. Councilman Szymkowiak made a motion that the ordinance pass, seconded by Councilman Kopczynski. Councilman Kopczynski then read a letter supporting the Sample