06-10-63 Council Meeting Minutes

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COMMUNICATION FROM MAYOR BRUGGNER (continued) except for the serious consequences which I believe the present amendment will bring about. While this may be an assumption on my part, I believe that not all of the members of the Common Council were fully aware of the conse- quences of the amendment at time of passage. Heretofore Section 17 -A of the Zoning Ordinance has provided that "The provisions in this ordinance regulating the use of lands, buildings, and occupancies shall not apply to lands, buildings and occupancies which are publicly owned and involve public health, welfare or safety or to parochial schools." The new proposed amendment to Section 17 -A of the Zoning Ordinance passed by the Council on May 27, 1963, retains foregoing text, but adds the following provision: "However, the provisions of this section shall not apply to public housing." The Council is familiar with the fact that it took almost two years to agree upon sites for public housing in the City of South Bend. The selection of sites has already been established by the Council by official action and recognition. The determination of sites was also a necessary prerequisite to receiving funds from the Housing and Home Finance Agency for the clearance of the Chapin Street area. In other words, the two projects are tied hand -in- hand. In furtherance of these objectives the City has advanced considerable funds so that neither of these two projects would be delayed. I am of the opinion that the enactment of the foregoing amendment to Section 17 -A of the Zoning Ordinance will cause further delay in completing our public housing project and the clearnance of the Chapin Street Project, if it does not altogether destroy the possibility of our proceeding with both projects. If the amendment to Section 17 -A of the Zoning Ordinance is allowed to become law, the City will be required to notify the Public Housing Administration that certain of the land sites selected will have to be rezoned before building thereon can be undertaken. Such rezoning is very likely to be a long process and will require the Council to re -do what it has already ordered done at a prior time. I see no reason why we should be faces with this delay. I do not believe that it is to the best interest of the City of South Bend. I am therefore taking the effective veto steps authorized by Section 48 -1406 Burns Indiana Statutes Annotated and hereby veto the amendment to Section 17 -A of the Zoning Ordinance, Ordinance No. 3702 of the City of South Bend for the following specific reasons: 1. The Common Council of the City of South Bend has previously approved sites for the location of future public housing. The new amended ordinance would prohibit the erection of new public housing without first rezoning a part of the land in question. 2. The requirement to rezone certain of the lands contemplated for use of public housing would delay, if not make impossible, our public housing building program. 3. Since our Chapin.Street Redevelopment Program is closely tied with federal housing, the amendment would delay, if not make impossible, the entire Chapin Street Clearance Program. 4. Failure or delay in securing the proper rezoning of certain land in question, were the foregoing amendment allowed to become law, would result in a possible termination of the projects by the agencies of the United States Government. The resulting consequences would be a great financial loss to the City. The South Bend Housing Authority has already expended in engineering and staff time and efforts a sum amounting from $80,000.00 to $90,000.00 for this project. Should the City, by reason of change in:-.zoning requirements, be prohibited from proceeding, we could well subject ourselves to a demand by the United States Government for the repayment of these funds. 5. Ultimate failure to provide proper zoning for Public Housing lands will also affect the Chapin Street Redevelopment Project. Our Department of Redevelopment has spent two years in developing this project. $10,000.00 has been paid for appraising the lands in question and while the additional costs cannot be exactly calculated, they are already in excess of $20,000. Failure to proceed with the Chapin Street Project would result in the waste of these funds and the time and energy involved by the staff. Further, the owners of the real estate in the Chapin Street Area would be subjected to a great loss due to their inability to rent or sell property in the area, and the City would be compelled to retain its last major blighted area. 6. The proposed amendment excluding public housing from the provisions of Section 17 -A is not in the best interests of the City of South Bend at this time. Very truly yours, /s/ Frank J. Bruggner Frank J. Bruggner Mayor FJB :ES Councilman Allen made a motion that the Communication be received and placed on file. Councilman Ladewski seconded the motion. Motion carried. COMMUNICATION June 6, 1963 Mrs. Freda Noble . South Bend City Clerk City Hall South Bend, Indiana Dear Mrs. Noble. It is necessary that I be out of town on business for the month of June. Please excuse me from the next two council meetings. Thank You. Sincerely, /s/ T. W. Lehman Councilman Glass made a motion that the communication be accepted and placed on file. Councilman Allen seconded the motion. Motion carried.