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HomeMy WebLinkAbout11-12-74 Council Meeting MinutesABSENT None. Councilman Kopczynski made 'a motion to resolve into the Committee of the Whole, seconded by Councilman Taylor. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Tuesday, November 12, 1974, at 7:04 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE ZONING A PARCEL OF LAND WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA (George F Burnett Company). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Richard Morgan, Attorney at Law practicing at 645 First Bank' Building, -made the presentation for the ordinance. He referred to the overhead projector outlining the area to be zoned, which property was recently annexed to the City of South Bend. He stated that it was necessary to zone the property in the industrial district in order to be consistent with the remainder of the Burnett Industrial Park. There were no comments or questions. Council President Nemeth made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) - northeast corner of Bendix Drive and Lathrop Street. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Richard Morgan, Attorney at Law practicing at 645 First Bank Building, made the presentation for the ordinance. He indicated that the owner and seller of the property was:Hartman Builders and the new owner and developer would be Indiana and Michigan Electric Company. He stated that the petition covered an area of approximately 46 -.1 acres located at the northeast corner of the intersection of Bendix Drive and Lathrop Street. The property was bordered on the west by the Airport Industrial Park, on the southwest by the Airport, on the south by the South Bend Sand and Gravel Company, on the east by Highland Cemetery and on the north by the residential subdivision known as Highland Estates. The petition sought to rezone the property from "A" Residential to "D" Light Industrial for the intended usage by I & M of a storage yard, offices and garage for the South Bend Division. Mr. Morgan indicated that the Area Plan Commission, on October 15, 1974, unanimously approved the rezoning and recommended the same favorably to the Council. He presented various photographs to the `Council members of the Benton Harbor Service Building, which would be the same as the building proposed to be constructed on the property in question. Certain photographs showed that a considerable amount of dumping was being done on the property and this would be stopped and cleaned up. In addition, the unimproved roadway going into the property which was used by trucks for dumping purposes would be barricaded by I & M. According to the site plan, approximately 20 acres of the total 46 acres would be left in its natural state and would be utilized as a buffer to the residences to the north. Mr. Morgan stated that the truck drivers of I & M would not enter the Highland Estates Subdivision except for service calls and that the residential streets would not be used. He stated that an agreement has been reached by the property owners and Mr. Tom Manak, the Real Estate Officer for I & M. Mr. Morgan indicated that a written remonstrance with 29 signatures had been received and, since that time, a Imeeting had been held with the residents and discussions had been had with the residents, the resul being that 21 of the 29 had withdrawn their names from the petition. He submitted the notices concerning the remonstrance whereby the residents had requested their names be removed to the City Clerk -as -a matter of record. He concluded by indicating that the proposed plan took into considera tion all the usual zoning problems, such as good landscaping and screening of parking and the hook- up to all public facilities. He felt the rezoning for I & M would be a necessary use for the community. Mr. Albert DeRoo, 2502 Summit Ridge Drive, indicated that he had been informed by Mr. Dunfee that the meeting would start at 7:30 p.m., and he asked that the Council allow his attorney to speak when he arrived at the meeting. He wondered how much property I & M owned throughout the city, and Mr. Manak indicated that it would probably be in the area of a couple thousand acres of land. Mr. DeRoo_ stated ; that he was against the rezoning and indicated that his property was only 125 feet REGULAR MEETING NOVEMBER 12, 1974 Be it remembered that the Common 'Council of the City of South Bend met in the Council Chambers of the County -City Building on Tuesday, November 12, 1974, at 7:03 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT None. Councilman Kopczynski made 'a motion to resolve into the Committee of the Whole, seconded by Councilman Taylor. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Tuesday, November 12, 1974, at 7:04 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE ZONING A PARCEL OF LAND WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA (George F Burnett Company). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Richard Morgan, Attorney at Law practicing at 645 First Bank' Building, -made the presentation for the ordinance. He referred to the overhead projector outlining the area to be zoned, which property was recently annexed to the City of South Bend. He stated that it was necessary to zone the property in the industrial district in order to be consistent with the remainder of the Burnett Industrial Park. There were no comments or questions. Council President Nemeth made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) - northeast corner of Bendix Drive and Lathrop Street. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Richard Morgan, Attorney at Law practicing at 645 First Bank Building, made the presentation for the ordinance. He indicated that the owner and seller of the property was:Hartman Builders and the new owner and developer would be Indiana and Michigan Electric Company. He stated that the petition covered an area of approximately 46 -.1 acres located at the northeast corner of the intersection of Bendix Drive and Lathrop Street. The property was bordered on the west by the Airport Industrial Park, on the southwest by the Airport, on the south by the South Bend Sand and Gravel Company, on the east by Highland Cemetery and on the north by the residential subdivision known as Highland Estates. The petition sought to rezone the property from "A" Residential to "D" Light Industrial for the intended usage by I & M of a storage yard, offices and garage for the South Bend Division. Mr. Morgan indicated that the Area Plan Commission, on October 15, 1974, unanimously approved the rezoning and recommended the same favorably to the Council. He presented various photographs to the `Council members of the Benton Harbor Service Building, which would be the same as the building proposed to be constructed on the property in question. Certain photographs showed that a considerable amount of dumping was being done on the property and this would be stopped and cleaned up. In addition, the unimproved roadway going into the property which was used by trucks for dumping purposes would be barricaded by I & M. According to the site plan, approximately 20 acres of the total 46 acres would be left in its natural state and would be utilized as a buffer to the residences to the north. Mr. Morgan stated that the truck drivers of I & M would not enter the Highland Estates Subdivision except for service calls and that the residential streets would not be used. He stated that an agreement has been reached by the property owners and Mr. Tom Manak, the Real Estate Officer for I & M. Mr. Morgan indicated that a written remonstrance with 29 signatures had been received and, since that time, a Imeeting had been held with the residents and discussions had been had with the residents, the resul being that 21 of the 29 had withdrawn their names from the petition. He submitted the notices concerning the remonstrance whereby the residents had requested their names be removed to the City Clerk -as -a matter of record. He concluded by indicating that the proposed plan took into considera tion all the usual zoning problems, such as good landscaping and screening of parking and the hook- up to all public facilities. He felt the rezoning for I & M would be a necessary use for the community. Mr. Albert DeRoo, 2502 Summit Ridge Drive, indicated that he had been informed by Mr. Dunfee that the meeting would start at 7:30 p.m., and he asked that the Council allow his attorney to speak when he arrived at the meeting. He wondered how much property I & M owned throughout the city, and Mr. Manak indicated that it would probably be in the area of a couple thousand acres of land. Mr. DeRoo_ stated ; that he was against the rezoning and indicated that his property was only 125 feet REGULAR MEETING NOVEMBER 12f 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) away from the proposed parking lot of I & M. He presented photographs to the Council of the I & M storage yard. He wondered if I & M could give him any assurance that the property to the northeas- would not be used for something other than its natural state. He wondered what would prevent I & M from selling the property some day for another use. Mr. Morgan indicated that, if there was to be any change, it would have to be approved by the Area Plan Commission and the Common Council, and all affected residents would be contacted. Mr. DeRoo's property was 150 feet from the propose( parking lot, according to Mr. Morgan, and he felt there would be sufficient landscaping so that the lot would not be visible. Mr. DeRoo referred to the St. Joseph County Plat Book where it was show] that I & M owned considerable property within the City of South Bend. He was hopeful that other land could be utilized for the storage yard. Councilman Serge wondered if Mr. Hartman had made an, agreements concerning the property to the residents. Mr. DeRoo indicated that, at that time, the residents had been told that the area would be residential and homes would be built on the propert, Mr. Patrick Brennan, 215 West Marion Street, the attorney representing the remonstrators, indicate( that the residents in the area had very large investments in their homes, and he felt they should be afforded the privacy that they were lead to believe they would have. He felt the storage area was not an example of good suburban living. He felt there would be much pollution caused by the I & M trucks, and he urged the Council to defeat the rezoning. Mr. Morgan again indicated that 20 acres of land to the northeast would be left in its natural state, and he stated that there would be no increased traffic in the residential area. He also again stated that the use could not be changed without the approval of the Area Plan Commission and Council. Mr. Eber Smith, 2727 Tomahawk Trail, indicated that he and his neighbor, Bill Stoeckinger, were opposed to the rezoning. He indicated that the area was a high -class area, and all the residents took a great deal of pride in their neighborhood. He wondered if I & M would eventually use all the property for the storage yard and offices. He felt the Area Plan Commission was foresighted in creating an "industrial park" in the residential area by allowing the zoning to change to "D" Light Industrial. He felt the increased traffic would have to be recognized as it would affect Lathrop Street. He could not understand why I & M could not purchase land in the Industrial Park for its proposed facility. Mr. DeRoo stated that the attorney for I & M had mentioned that a number of residents had taken their names off the petition. He stated that some of the residents were under the impression that, if I & M did not come into the area, there was a possibility there would be some low - income housing brought in. Councilman Taylor felt there was a lot of available, suitable land in the community for the project. He stated that the area was a beautiful area, and he felt the residential area should be protected and the zoning of the property should remain residential. Councilman Serge indicated that he had received many calls from the residents in the area opposing the rezoning. Mr. Morgan indicated that I & M would try to preserve the natural area to the north- east for the residents. Councilman Serge felt the proper place for the facility would be in the Industrial Park. Mr. Manak stated that I & M had attempted to purchase land in the Industrial Park; however, that land was to be used for new industries coming into the city. He indicated that 40 acres was needed, and the Industrial Park would only sell five -acre parcels. Councilman Parent asked Mr. Richard Johnson, Executive Director of the Area Plan Commission, about the commission's recommendation concerning the rezoning. Mr. Johnson indicated that the other three corners of the quadrant were industrial uses. He stated that the land on Lathrop and Bendix was not the most desirable residential land as it faced the landfill, and a railroad track bisected the property. He indicated that this particular site did not have as much accessibility as other areas in the city for residential uses. He talked about various other areas in the city and count which had maximum accessibility to the total community. Councilman Parent asked if any other area! had been considered for the project. Mr. Morgan indicated that it had been determined that the particular site in question was the best area. Mr. Manak stated that areas in Penn Township, Granger and a site on Brick Road had been considered; however, I & M had wished to remain within the City of South Bend and were very willing to pay the taxes on the new building. He talked about the desire of I & M to build a facility in the downtown area a few years ago. He stated that the mayor and administration had asked I & M to not construct in the downtown area, and I & M had not done so. He stated that I & M had then donated to the city some land in the downtown area of which part would now be used for the new Century Center. Councilman Parent was of the feeling that there would be more value to the city if the area was developed for residential uses. Councilman Szymkowiak wondered if the other sections in the area had been considered for the project. He stated that there was land to the south and west which might possibly be used for the facility. Mr. Manak indicated that those areas were not available at the time the project was started, and he indicated that I & M had donated approximately 60 acres of land to the last phase of the Industrial Park. Councilman Szymkowiak questioned that statement. He stated that money would be received from I & M when the parcels of land were sold. He did not consider that a donation. He wondered if an agreement had been made in writing that the northeast area of the property would be preserved in its natural state. Mr. Morgan indicated that that power would be up to the Council. He indicated that no such agreement had been entered into by I & M. He reminded Councilman Szymkowiak that there would be no changes concerning the area unless it was approved by the Area Plan Commission and Council. He stated that he was not sure if Councilman Parent's statement about the tax base was correct because the property had been undeveloped for some time. Councilma Kopczynski indicated that he had not seen a site plan concerning the property. He felt the people rights should be protected; however, he also supported I & M's proposed project. He stated that, once the ordinance was passed, anything could be done to the property. Mr. Morgan again stated that the proposed site development plan could not be changed or altered. Councilman Kopczynski reminded Mr. Morgan that the Council had no control over the issuance of building permits by the Building Department. He felt a strip of land to the north should be zoned so that the residents would be given protection against future construction or building in that area. Mr. Morgan stated that this was a very good idea and he felt sure I & M would be willing to provide a buffer. He wondered if the residents would be satisfied with that. Councilman Kopczynski stated that he woul urge the Council to delay action on the ordinance so that the matter of the legal buffer zone coul be considered. Council President Nemeth wondered about the buffer zone Mr. Morgan had talked abou that was included on the site plan. Mr. Morgan stated that the smallest buffer zone would be between 140 and 150 feet. Council President Nemeth made a motion to continue the ordinance to the November 25th meeting, seconded by Councilman Kopczynski. Councilman Horvath cautioned the residents in the area. He stated that in almost every area to be developed residential, a strip of land was left for a buffer and, at some future time, commercial property moved in. He stated that the proposed project by I & M was beautiful, and he felt that less traffic would be generated. He wondered if other commercial properties would move in and the area would be even less desirable for residential uses Councilman Parent stated that the Council was very interested in keeping businesses in the communi He felt that housing was a big problem in the community and deterioration of the neighborhoods continually took place. He supported the motion to continue the public "hearing. Councilman REGULAR MEETING NOVEMBER 12, 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Kopczynski stated that the citizens in the area should be apprised of the proposals before the Council meeting so that the councilmen could get their views on the proposals. Chairman Newburn requested a roll call vote on the motion to continue the ordinance to the November 25th meeting. The motion carried by a vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND A. H. CHOITZ AND COMPANY, INCORPORATED, SOUTH BEND, INDIANA, FOR THE PURCHASE OF CERTAIN EQUIPMENT IN THE TOTAL AMOUNT OF $14,562.00. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Paul Krueper, Manager of the Bureau of Water, made the presentation for the ordinance. He explained that the Bureau ofWater desired to purchase a diesel wheel loader backhoe machine from A. H. Choitz, the lowest, qualified bid received, in the amount of $14,562. He pointed out that the amount was $560 higher than anticipated. Councilman Kopczynski wondered if the equipment was being replaced with the new purchase. Mr. Krueper indicat that an eight -year old unit would be replaced. He stated that, if the equipment could be repaired and used again, this would have been done. He talked about the trade -in value and the amount of money needed to make the equipment reusable. He stated that the city was required by law to bid t items and the best bid must then be taken. He indicated that only two bids had been received. Councilman Szymkowiak felt the city did not "shop around enough ". Chairman Newburn asked for orde after Councilman Szymkowiak and Mr. Krueper kept debating that point. He felt that the issue had been debated sufficiently. (Councilman Kopczynski made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SOUTH BEND MUNICIPAL WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1975, AND ENDING DECEMBER 31, 1975, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Paul Krueper, Manager of the Bureau of Water, made the presentation for the ordinance. He indicated that he had submitted a list of changes to the Council concerning account number changes. He stated that the amendments made at the: "meeting of October 21 were incorporated into a new line -item budget which he had submitted to the Council members. He indicated that he had submitted to Councilman Kopczynski a list of the contracts for construction, etc., which he had requested. Mr. James Barcome, City Controller, thanked the Counc_ Councilman Kopczynski, Mr. Lowe at the computer center and Mr. Krueper for being able to put the budget together in such a short time. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered about the other income account. Mr. Krueper stated that this was due to the fact that, in 1974, there was a considerable amount of income from the downtown renewal project which would not be received in the future. Councilman Miller wondered where the decrease in expenses for the loss of income was shown. Mr. Krueper indicated that this was contract work that was not included. Councilman Miller wondered what the work involved, and Mr. Krueper answered that it involved labor and materials. Councilman Miller again asked why there was not a corresponding decrease in labor and materials. Mr. Krueper stated that this work was done in 1972 and was not listed as expense. Councilman Kopczynski felt Mr. Krueper had done a fine job in the preparation of the budget. He referred to the salaries and wages and indicated that some of the salaries were over the 10% given the city employees. He stated that there was a minimum and maximum salary as fZ as some positions. He indicated that, in comparing with the 1974 budget, there were some items budgeted in 1974 and not in 1975. He stated that the total payroll increase was about 12 %. Councilman Kopczynski again stated that some positions have been increased over the 10% approved bl the Council. Mr. Walter Lantz, Deputy Controller, explained that none of the salaries exceeded the salary ordinance. He stated that some of the people were not paid the maximum in 1974. Councilmar Horvath wondered about the new car allowance account. Mr. Krueper stated that account 505 had beer reduced and $4,000 from that account had been put into a car allowance account for the meter reader Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $7,980 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Jack Bland, Fire Chief, made the presentat for the ordinance. He explained that a Uniform Fire Incident Reporting System (UFIRS) has been developed as a management tool. He stated that its purpose was to better allocate resources and manage the whole fire service. He indicated that he had made a presentation to the Council in caucus concerning the matter and he hoped the Council would act favorably on the request. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered about the present system being used. Chief Bland indicated that the system was a manual system. Mr. Evans stated that $320 would be needed per month. He wondered -how long this would continue. Chief Bland indicated that this would be a continuing program and the computer costs would be on- going. Mr. Evans also wondered if the new bill signed by the president would require such a system. Chief Bland stated that he felt this might be a prerequisite for future federal funds. Mr. Evans wondered if the project would help to put out fires faster. Chief Bland stated that, hopefully, REGULAR MEETING NOVEMBER 12 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) the entire system could help to prevent fires. Mr. Evans indicated that he failed to see the reason for the program if it would not improve fire service in the community. Council President Nemeth wondered about the number of employees that could be eliminated by the new system. Chief Bland indicated that there would not be a cutback in employees. Council President Nemeth felt there were many problems with the fire trucks and equipment that should be taken care of before money was put into a system to collect data. He agreed with Mr. Evans' statement about the need for the program. Councilman Parent wondered about the system in other cities, and Chief Bland indicated that UFIRS was utilized in over 50 cities in the country. Councilman Parent wondered if this would improve the administration of the system and records, etc. He stated that he was in favor of improvements in administration; however, he wondered if additional time should be allowed to look further into the matter. Councilman Szymkowiak wondered about the problems within the department concerning the lack of inspectors, equipment, etc. He felt the money proposed for the project should be used for additional equipment and an increase in the wages of the firemen. Councilman Miller stated that a statistical analysis by census tract was done about one year ago. He wondered about the decisions made concerning that investigation. Chief Bland indicated that that data was merely informational. Councilman Miller wondered if the data had any affect on the Olive Street station. Chief Bland stated that it was determined that the station was needed because the area was a higher fire area. Councilman Miller indicated that funding had been available for computer programming some time ago. He felt this type of program could be funded from federal grant funds rather than the city's revenue sharing funds. He wondered where this program would be included in the budget when the revenue sharing funds were no longer available. Chief Bland stated that he could not answer that question at this time. Councilman Miller stated that the Council was not going to get involved in new expensive on -going programs that would probably have to be funded by the city in the future. Councilman Miller made a motion that the ordinance be recommended unfavorably to the Common Council, seconded by Council President Nemeth. Councilman Taylor felt the program might be a little on the premature side, and he stated that consideration could be given at some future time if need be. Councilman Horvath felt the program was merely a duplication of facts and figures already known. Councilman Kopczynski felt the Council should meet with the Fire Chief and Mr. Gallagher concerning the merits of the program. He did not feel the Council should act on the ordinance at this time. There was a call for the question, and Chairman Newburn indicated that he had not recognized Councilman Miller's motion because a few councilman had not had an oppor- tunity to speak on the issue. Councilman Miller objected. Councilman Taylor then made a motion that the ordinance be recommended unfavorably to the Common Council, seconded by Councilman Parent Councilman Miller asked for a point of order. He stated that a motion had been duly made and seconded under the proper rules of the Council. He asked for an attorney's opinion on whether or not his motion had been made properly. Councilman Parent stated that he felt this decision was up to the chair. Council President Nemeth wandered under what basis the motion had been overlooke by the chairman. He indicated that a motion does not cut off debate. Chairman Newburn indicated that the Council had not had its full say; therefore, he had not recognized the motion. Council President Nemeth again repeated that a motion does not cut off debate. Councilman Parent felt that Chairman Newburn was merely trying to be courteous to those councilmen who had not yet spoken on the issue, thereby limiting the motions to the end of discussion. Councilman Parent made a motion to verify Chairman Newburn's action in ruling the motion out of order. The motion lost due to lack of a second. Councilman Miller disagreed with Councilman Parent. He stated that the chairman recognized the members of the Council in order, and it became obvious that, once a councilman speaks on an issue, he could not speak again until everyone had spoken. For that reason, when a councilman had the floor, if he wished to make a motion, he should be allowed to do SO. Chairman Newburn indicated that Councilman Miller was incorrect. He stated that, if the position of the chair was challenged, however, he would then "throw the issue into the hands of the Council ". Councilman Horvath made a motion that Chairman Newburn yield to the motion made by Councilman Miller and seconded.by Council President Nemeth, seconded by Councilman Parent. The motion carried. The motion to recommend the ordinance unfavorably to the Council carried. ORDINANCE AN ORDINANCE TO AMEND SECTION 6 -6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. 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, the attorney for the South Bend Redevelopment Commission, made the presentation for the ordinance. He indicated that the ordinance concerned Lot 6 in the downtown Urban Renewal Project area, being approximately 20 acres to the south of Jefferson Street along the river. The property was included in Fire District No. and it was learned from the appraisals of the property that, if the property was to remain in that fire district, there would be a negative valuation appraisal of $2 million. He stated that the ordinance would take the property out of Fire District No. 1. He referred to a map showing Block 6 in the downtown area. He explained that Fire District No. 1 was a district which covered high density industrial and commercial properties. He stated.that the fire restrictions were very rigid, and the property would not be. sold for high density uses. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered if the property would be put into another fire district. Mr. Butler indicated that the city consisted of two districts, and that particular area would not be put into either district. He stated that the proposed development of the 20 acres would not be congested enough to warrant a fire district. He indicated that the districts were required for building purposes and insurance purposes. Counc President Nemeth wondered why the city could not wait until it was decided what would be done with the property before taking it out of the fire district. Mr. Butler talked about the economic condition and realistic property values. Councilman Kopczynski wondered what efforts were being made by Redevelopment to sell that parcel of land for a denser use which would be included in the fire district. Mr. Butler indicated that there have been national efforts to advertise parcels fo sale. Councilman Kopczynski felt=t =hat not much land had been sold by the Redevelopment Department to outside firms in the downtown area. He felt the ordinance might be premature because of the economic conditions of the country. Council President Nemeth wondered if Lot 6 had been advertised because an appraisal figure had not been determined. He stated that,he did not understand Mr. Butler's statement regarding a negative valuation appraisal. Mr. Butler indicated that Council President Nemeth was correct in that the property had not been advertised for sale because the appraisal figure had not been determined. He indicated that, whatever figure was arrived at, $2 million would have to be subtracted from it if the property was to remain in the fire district. 1 REGULAR MEETING NOVEMBER 12 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Councilman Kopczynski asked about the hope of the Redevelopment Commission in selling properties. Mr. Butler indicated that the commission had received a communication from HUD indicating that the project must be closed out by June, 1975. He stated that, if it was not disposed of by that time, it would revert to the city. Mr. James Roemer, City Attorney, stated that the fire requirements for that particular area were being requested to be lessened because the area was remote and different development would be going in from what was originally planned. He stated that the property would then be more marketable and would be advantageous. Councilman Parent wondered if Fire Chief Bland had had a chance to look at the proposal. Chief Bland indicated that anything constructed, either inside or outside any fire district, must be erected under the BOCA Code. Councilman Parent made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Serge. Councilman Szymkowiak wondered how the State of Indiana's Fire Marshall felt about the ordinance. Mr. Butler indicated that the Fire Marshall would have no inpu- into the establishment of fire districts within the city. He stated that he only has a responsi- bility of enforcement of the regulations. There was discussion on enforcing the regulations con- cerning the American National Bank Building. Councilman Parent asked for a point of order concern. the discussion about the bank. He felt it was not pertinent to the issue. Councilman Miller indicated that the area was being talked about as a low density area. He felt that there was a total lack of communication with these issues with the Council by the Redevelopment Commission; however, he stated that he appreciated the fact that some things must remain confidential concernii the sale of the parcels. Mr. Butler indicated that proposed sales of parcels show that two or three story structures at most would be constructed. He felt that the general type of use the developers were interested in was low density. Councilman Miller wondered about the highest and best use for that parcel of land. He felt this should be made public and debated. He stated that the change in the fire district indicates to the Council that the attempt was to make a developmen- that might be less than "downtown like" and more residential. He felt that, if prime land was solc for less than the best use, the public should make the decision. He also felt the whole community should be involved in the determination of what happened to that particular piece of real estate. He hoped the land would be made more desirable for sale at the best price and for the best use. Council President Nemeth felt the other pieces of property should be included in the ordinance and taken out of the fire district. Mr. Butler stated that, primarily, the other blocks were located in the downtown core. Council President Nemeth wondered if sections on the other side of the rive] could be taken out of the district also. Councilman Kopczynski urged the Council not to vote favorably on the ordinance at this time. He felt further consideration should be given to the matter. Councilman Parent asked if there was any urgency on the matter, and Mr. Butler indicated that it would be hoped that, by the end of December, the matter could be resolved. Council Presid( Nemeth expressed the desire to know about the plans for the block before action was taken. Councilman Horvath asked for a clarification on the devaluation of the property in the amount of $2 million as had been stated by Mr. Butler. Councilman Parent stated that he would withdraw his original motion to recommend the ordinance favorably to the Council, and Councilman Serge withdrew This second to that motion. Councilman Parent then made a motion that the ordinance be continued to the November 25, 1974, meeting of the Council, seconded by Councilman Serge. The motion carries ORDINANCE AN ORDINANCE TRANSFERRING $8,700.00 FROM ACCOUNT #630.0, "CURRENT OBLIGATIONS, RETIREMENT ", TO ACCOUNT #221.0, "SERVICES CONTRACTUAL, ELECTRIC CURRENT ", $8,000.00 AND TO ACCOUNT #214.0, "SERVICES CONTRACTUAL, TELEPHONE AND TELEGRAPH ", $700.00. ALL TRANSFERS ARE BEING MADE WITHIN THE GENERAL PARK FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Walter Lantz, Deputy Controller, made the presentation for the ordinance. He explained that a shortage had occurred in the electric current account because of underbudgeting and the added fuel adjustment costs, in addition to the lighting of park and recreational facilities. He further stated that the shortage in the telephone account was due to the rate increase approved by the utility after the budget had been prepared. He indicated that there was a balance in the retirement account because of overbudgeting and the fact that the city's cost to PERF had been reduced. There were no comments or questions. Councilman Kopczynski made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING $1,000.00 FROM ACCOUNT 260.0, "OTHER CONTRACTUAL SERVICES" TO ACCOUNT 721.0, "FURNITURE AND FIXTURES ", BOTH ACCOUNTS BEING WITHIN THE HUMAN RESOURCES BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, made the presentation for the ordinance. He explaine that he had had no influence on the 1974 budget as it had been approved prior to his coming to the city. For that reason, in terms of his own priorities, the budget was deficient in some categorie while other categories represented low priority items. He'hoped the Council would act favorably o his request to transfer funds for the purchase of certain office equipment. Councilman Kopczynski wondered if new furniture would be purchased, and Mr. Hojnacki indicated tha filing cabinets and bookcases would be purchased. He stated that he was replacing his chair because of his back, and he added that he only had one four - drawer cabinet and one two - drawer filing cabinet. Councilman Kopczynski wondered what was needed. Mr. Hojnacki stated that he felt two additional filing drawers should be purchased this year and another two in 1975. Councilman Horvath wondered about an itemization of the budget. He explained that this had not been furnishe the Council, and he desired to know exactly what was being purchased. Mr. Hojnacki stated that he would be purchasing a new chair for himself, a credenza to replace one that was borrowed, four to six waiting room chairs, two chairs and a corner table, a typing table, two steel filing cabinets and a conference table. He stated that he desired to purchase a calculator; however, that would probably have to be taken out of the equipment account. Councilman Miller felt the items were necessary and some furniture should be purchased for that office. REGULAR MEETING NOVEMBER 12, 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Councilman Miller made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Szymkowiak. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Kopczynski made a motion to rise and report to the Council, seconded by Councilman Taylor. The motion carried." A short recess was requested by the Council members. Recessed at 9:40 p.m. ATTEST: CITY CLERK REGULAR MEETING - RECONVENED IRA 11-11.0 M0111le Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers at 9:53 p.m., Council President Nemeth presiding and nine membe present. REPORT FROM THE COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your committee on the inspection and supervision of the minutes, would respect- fully report that they have inspected the minutes of the October 28, 1974, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth Councilman Kopczynski made a motion that the report be accepted as read and placed on file and the l minutes be approved, seconded by Councilman Horvath. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Kopczynski made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Horvath. The motion carried by a roll call' '.vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REPORT FROM THE COMMITTEE ON CLAIMS To the Common Council of the City of South Bend: Your special Committee on Claims would respectfully report that it has inspected the claims which have been submitted since the last regular meeting of the Council, and recommend that said claims be approved. Peter J. Nemeth Chairman Council President Nemeth indicated that the policy of the committee was to refer those claims which were questionable to Mr. Lantz for answers and clarifications. Councilman Kopczynski made a motion that the report be accepted as read and placed on file and the claims be approved for payment, seconded by Councilman Taylor. The motion'carried. REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF LAW Council President Nemeth indicated that City Attorney Roemer had submitted a written report to the Council members. Councilman Miller made a motion to accept the report as submitted, seconded by Councilman Parent. The motion carried. PETITION TO AMEND ZONING ORDINANCE (1031 Widener Lane) I (We), the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 1031 Widener Lane, South Bend, Indiana, and, an adjoining unimproved parcel of land to the west of 1031 Widener Lane, legally described as set out in the description herein, both parcels having an approximately two hundred fifty -two (2521) foot frontage on Widener Lane. 2. The property is owned by Mrs. Monica M. Peak, 1249 E. Jefferson Boulevard, South Bend, Indiana. 3. A legal description of the property is as follows: A part of the Southeast Quarter (4) of Section Number Twenty -five (25) in Township Number Thirty -seven (37) North, Range Number'Two (2) East, described as follows, viz: Beginning on the North line of a tract of land heretofore conveyed to Harold C. Widener and Hildred R. Widener as recorded in Deed Record 506, pages 548 -550 in the Office of the Recorder of St. Joseph County, Indiana, at a point 191.01 feet West of the East line of said Quarter Section; thence West along the North line of said tract a distance of 110 feet; thence South parallel with the East line of said Quarter Section -s REGULAR MEETING NOVEMBER 12 1974 REGULAR MEETING - RECONVENED (CONTINUED) PETITION (CONTINUED) a distance of 148.26 feet to the Northerly line of Widener Lane; thence Easterly along the said Northerly line of Widener Lane, a distance of 110.51 feet to a point on a line that bears South and parallel with the East line of said Quarter Section from the point of beginning; thence North a distance of 139.41 feet to the place of beginning, and being known as Lot Numbered 30 as shown on a Proposed Plat of Harold C. Widener's First Addition, Unit "B" in Centre Township, and A part of the Southeast Quarter (4) of Section Twenty -five (25), Township Thirty -seven (37) North, Range Two (2) East, described as follows, viz: Beginning on the North line of a tract of land here- tofore conveyed to Harold C. Widener and Hildred R. Widener as recorded in Deed Record 506, pages 548 -550 in the office of the Recorder of St. Joseph County, Indiana, at a point 40.01 feet West of the East line of said Quarter Section; thence West along the North line of said tract 151 feet; thence South parallel with the East line of said Quarter Section 139.41 feet to the Northerly line of a proposed road known as Widener Lane; thence Easterly along the Northerly line of said Widener Lane 151.7 feet to a point on a line that bears South and parallel with the East line of said Quarter Section from the point of beginning; thence North 127.65 feet to the point of beginning and being known as Lot Numbered Thirty -one (31) in the proposed plat of Harold C. Widener's First Addition, Unit "B" in Centre Township, together with all that part of the real estate lying Easterly of the above described tract and Westerly of the Westerly line of Miami Road. Subject to legal highways. 4. It is desired and requested that the foregoing property be rezoned from "R" Residential Use and "A" Height and Area District to "C -1" Commercial Use and "B" Height and Area District. 5. It is proposed that the property will be put to the following use and the following building will be constructed: Savings and Loan Branch Office of one (1) building. 6. Number of off - street parking spaces to be provided: 30. 7. Attached is (a) an original ordinance and 25 copies; (b) an original petition and 20 copies; (c) a $10 filing fee; (d) an existing plot plan showing my property and other surrounding properties; (e) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (f) 5 copies of a site development plan. TOWER FEDERAL SAVINGS AND LOAN ASSOCIATION OF SOUTH BEND By s/ John D. Gill President s/ Monica M. Peak Petition Prepared By: Louis C. Chapleau Council President Nemeth indicated that action on the petition would be taken when the ordinance pertaining to it had first reading. ORDINANCES, SECOND READING ORDINANCE NO. 5764 -74 AN ORDINANCE ZONING A PARCEL OF LAND WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA (George F. Burnett Company). This ordinance had second reading. Mr. Richard Morgan, Attorney at Law practicing at 645 First Bank Building, representing the petitioner, requested that the Council amend the ordinance in the zoning classification from "M" Manufacturing District and "D" Height and Area to "E" Heavy Industrial District and "C" Height and Area. He explained that the ordinance as originally sub- mitted contained the zoning classification for the county rather than the city. Councilman Parent made a motion to so amend the ordinance, seconded by Councilman Taylor. The motion carried. Councilman Taylor then made a motion that the ordinance be passed, as amended, seconded by . Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) - northeast corner of Bendix Drive and Lathrop Street. Councilman Taylor made a motion to continue the ordinance to the November 25, 1974, meeting of the Council, seconded by Councilman Miller. Councilman Kopczynski suggested that, when the matter was resolved, a diagram be drawn showing the buffer zone and the dimensions to the residential area to the north. The motion carried. REGULAR MEETING NOVEMBER 12 1974 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5765 -74 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND A. H. CHOITZ AND COMPANY, INCORPORATED, SOUTH BEND, INDIANA, FOR THE PURCHASE OF CERTAIN EQUIPMENT IN THE TOTAL AMOUNT OF $14,562.00. This ordinance had second reading. Councilman Taylor made a motion seconded by Councilman Kopczynski. The ordinance passed by a roll (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, ORDINANCE NO. 5766 -74 that the ordinance be passed, call vote of nine ayes Horvath, Newburn and Nemeth). AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SOUTH BEND MUNICIPAL WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1975, AND ENDING DECEMBER 31, 1975, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had second reading. Councilman Parent made a motion to amend the ordinance to substitute the blue -bound budget book containing computerized line items, seconded by Councilman Newburn. The motion carried. Councilman Miller then made a motion to amend the blue -bound budget book to add the sum of $2.00 to the position of Auditor III, which would then increase the total services personal figure to $1,203,594.00 and the cost center total figure to $2,330,979.00. Councilman Parent seconded the motion. The motion carried. Councilman Taylor then made a motion that the ordinance be ,,passed, as amended, 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). Council President Nemeth thanked everyone who had worked in the preparation of the budget. ORDINANCE AN ORDINANCE APPROPRIATING $7,980 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This ordinance had second reading. Councilman Taylor made a motion to not pass the ordinance, seconded by-Councilman Kopczynski. The motion carried by a roll call vote of nine ayes (Councilmei Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE TO AMEND SECTION 6 -6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. Councilman Taylor made a motion to continue the ordinance to the November 25, 1974, meeting of the Council, seconded by Councilman Kopczynski. The motion carried. ORDINANCE NO. 5767 -74 AN ORDINANCE TRANSFERRING $8,700.00 FROM ACCOUNT #630.0, "CURRENT OBLIGATIONS, RETIREMENT ", TO ACCOUNT #221.0, "SERVICES CONTRACTUAL, ELECTRIC CURRENT ", $8,000.00 AND TO ACCOUNT #214.0, "SERVICES CONTRACTUAL, TELEPHONE AND TELEGRAPH ", $700.00. ALL TRANSFERS ARE BEING MADE WITHIN THE GENERAL PARK FUND. This ordinance had second reading. Councilman Kopczynski made a motion that the ordinance be passed, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5768 -74 AN ORDINANCE TRANSFERRING $1,000.00 FROM ACCOUNT 260.0, "OTHER CONTRACTUAL SERVICES ", TO ACCOUNT 721.0, "FURNITURE AND FIXTURES," BOTH ACCOUNTS BEING WITHIN THE HUMAN RESOURCES BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Kopczynski made a motion that the ordinance be passed, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE TRANSFERRING $1,488.02 FROM THE PARK DISTRICT BOND CONSTRUCTION FUND TO THE PARK DISTRICT BOND REDEMPTION FUND. This ordinance had first reading.- Councilman Kopczynski made a motion to set the ordinance for public hearing and second reading on November 25, 1974, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (1031 Widener Lane). This ordinance had first reading. Councilman Taylor made a motion to refer the ordinance, along with the petition, to the Area Plan Commission, seconded by Councilman Kopczynski. The motion carried. 1. 11 REGULAR MEETING NOVEMBER 12, 1974 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $5,,500.00 TO ACCOUNT NO. 241.0, "PRINTING, OTHER THAN OFFICE SUPPLIES ", AND THE SUM OF $7,500.00 TO ACCOUNT NO. 260.0, "OTHER CONTRACTUAL SERVICES ", FROM THE PARKING METER FUND TO THE PARKING METER BUDGET OF THE CIVIL CITY OF SOUTH BEND, INDIANA. This ,ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for public hearing and second reading on November 25, 1974, seconded by Councilman Taylor. The motion carried UNFINISHED BUSINESS Upon the recommendation of the Area Plan Commission, Councilman Taylor made a motion to strike the rezoning ordinance of Richard Muessel concerning the property located at Ironwood and Topsfield Roads, which was filed in the City Clerk's Office on July 3, 1973. The motion was seconded by Councilman Kopczynski and carried. Upon the recommendation of the Area Plan Commission, Councilman Horvath made a motion to strike the rezoning ordinance concerning the property located from Jefferson, Corby and Hill to the riverbank, which was filed in the City Clerk's Office on November 27, 1972. The motion was seconded by Councilman Parent and carried. Upon the recommendation of the Area Plan Commission, Councilman Taylor made a motion to strike the rezoning ordinance of David Kessler concerning property located between North Ironwood and Rosemar Lane, which was filed in the City Clerk's Office on August 8, 1972. The motion was seconded by Councilman Horvath and carried. Councilman Parent indicated that he had :received a communication from Mrs. Lee Swan, 2022 Swygart, concerning the issue which she brought before the Council at the October 28th Council meeting of seeing municipally -owned vehicles parking in shopping center parking lots on weekends. He stated that he had written to Mrs. Swan requesting the license plate numbers in an.effort to try; and take care of the problem. She had written Councilman Parent that she would not furnish the information he requested because she felt nothing would be done about the matter. He felt a letter should be sent to her from the Council concerning the issue. Council President Nemeth directed the City Clerk to send Mrs. Swan such a communication. There being no further business to come before the Council, unfinished or new, Councilman Horvath made a motion to adjourn, seconded by Councilman Newburn. The motion carried and the meeting adjourned at 10:13, p.m_ ATTEST: APP D Z CITY CLERK PRE IDENT ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++