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HomeMy WebLinkAbout12-13-76 Council Meeting MinutesREGULAR MEETING DECEMBER 13, 1976 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, December 13, 1976, at 7:00 p.m., Council President Roger 0. Parent, presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: None Council President Parent thanked Mr. Rollin Farrand for the hard work and dedication he has shown to the City of South Bend. Mr. Farrand, Director of Public Works, will be leaving the employ of the City at the end of the year. He congratulated Mr. Patrick McMahon upon his appointment as Director of Public Works. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Adams. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, December 13 1976 at 7:02 .m. i i with nine members present. P p Chairman Frank Horvath presiding. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -63, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (13181, 13163, AND 18141 IRELAND ROAD) This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Richard Morgan, attorney for the petitioners, made the presentation for the ordinance He said they were asking to rezone this property from A residential to C2 commercial, A height and area. He described the surrounding properties, and in- dicated they were commercial. He said the proposed usage for this property is for a restaurant He said this would be an increased tax base, as well as economic development to the City. Council Member Serge made a motion that this ordinance be recommended favorably to the Council, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 7 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE ADDITION OF ARTICLE 9 PERTAINING TO MASSAGE ESTABLISHMENTS, MASSAGE TECHNICIANS, AND THE PRACTICE OF MASSAGE. Council Member Dombrowski made a motion that this ordinance be stricken from the records, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 7 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE ADDITION OF ARTICLE 9 PERTAINING TO THE REGULATION OF MASSAGE ESTABLISHMENTS, MASSAGE TECHNICIANS, AND THE PRACTICE OF MASSAGE. This being the time heretofore set for public hearing on the above ordinance, proponents and op ponents were given an opportunity to be heard. Mr. Roger O. Parent, Fourth District Councilman, made the presentation for the ordinance. He said the proposed ordinance is one which resulted from a lot of study of the original ordinance submitted to the Council. z. REGULAR MFETTNG DECEMBER 13, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) He said that after considerable discussion it was thought by the Council that there were so many needed amendments and revisions that a new ordinance should be filed. He said it takes time to draft good legislation and he commended the Council for their work, as well as the work of the Council's attorney. Ms. Kathy Cekanski, attorney for the Council, highlighted the difference between the two ordinances. She said the original ordinance indicated the "Recognized School" would require 200 hours in not less than three months for certification, while this proposed ordinance would require 1000 hours in not less than six months for certification. She said the original ordinance required a $100 fee to be submitted with the application and $50 refund if the license was not issued, while this required the $100 fee at the time of issuance of the license. She said the original ordinance indicated the license would be issued by the Board of Public Safety, while this one would have the City Controller issue the license upon the recom- mendation of the Board of Public Works, after publication and a public hearing. She said there was an appeal process incorporated in this ordinance. She indicated this proposed ordinance would require compliance with Chapter 21 of the Municipal Code in regard to zoning. She said the original ordinance indicated the hours of operation as 8 a.m. to 10 p.m., while this propose ordinance was 7a.m. to midnight. Mr. Dave Bjoraas, Dave's Gym and Health Center, indicated his establishment had been offering massage for fifteen years. He said now they were being penalize for the sex parlors. He wanted to know if he was going to be classified as a massage parlor and be charged $100, and would he be exempt on the hours of training since he has six years experien E but did not go to a school. Ms. Cekanski indicated there was a grandfather clause in the ordi- nance so he would be exempt from the hours of training. Mr. Bjoraas indicated he thought the ordinance was a good thing, but it did not protect people in his category. He said he would lik to have it clarified, and that the ordinance did not go-far enough. Council President Parent indicated the thrust of the ordinance is to protect the legitimate businesses. He explained the grandfather clause, and asked the Council attorney to explain this matter to Mr. Bjoraas. Ms. Cekanski indicated that Mr. Bjoraas would have to fill out an application, but he would be exempt from the education section as long as they have been carrying on for a period of three years. Mr. Brunner, City Attorney, indicated that the $100 fee was for research and investigation. Mr. Bjoraas, indicated he did not understand why he would be penalized by the $100 license fee. He said there should be a distinction between a gym and a massage parlor. Council Member Horvath attempted to explain to Mr. Bjoraas why the fee was necessary. Rev. Keith Bennett, Pastor of the First Brethren Church, commended the mayor and the Council for the action in regard to the massage parlor ordinance, as well as the adult book store ordinance. He said there had been deterioration in the southeast side since these establishments have come into that area. He sai they were in support of the Council's efforts. Mr. Richard Ludwick, President of PANA, spoke against the uncontrolled massage parlors due to the affect it would have on any neighborhood. He said PANA favored passage of this ordinance. Mrs. Louvenia Cain, 1207 W. Washington, said consideration should be given to this ordinance. Council Member Taylor indicated to Mr. Bjoraas that he thought this ordinance was set up to protect him. He said if this business was left out of the ordinance, the Council would be creating an obvious loophole. He said the fee was a relative small price to pay for the protection of legitimate businesses. Council Member Adams asked the fee for a pool hall license. Mr. Mullen indicated it was $20 per hall, per table. She indicated this would cause a hardship for certain legitimate business. She asked Ms. Cekans i if there would be any problem in amending the fee to $25 per establishment and $25 per technicia . Ms. Cekanski indicated that they have tried to professionalize activities such as this and she did not think a fee of $100 was prohibitive. Council Member Adams made a motion to change the fee for the proprietor of the establishment to $50 and a technician to $25. Council Member Kopczynski indicated he felt the license should be issued for the life of the business, and it should not be renewable every year. He said he did not think it was necessary to investigate these parlors every year. He said he thought legitimate business should be protected, and that he could not second the motion because it did not go far enough. Council President Parent in- dicated that the proposed ordinance addressed itself to protecting the legitimate massage parlors. He made a motion to reduce the fee from $100 to $50 for the license, seconded by Council Member Miller. Council Member Szymkowiak indicated that Dave's gym was an asset to the Community. Council Member Dombrowski called for the question. Council Member Adams asked Council President Parent if he would consider withdrawing his motion and amend the ordinance on page 4 under License Fee to read, the initial fee for an annual license to operate a massage establishment shall be $50 payable to the City Controller, at the time of issuance of said license, and the renewal shall be $10; on page 6, under Permit fee for the technician, the initial fee be changed to $50 and renewal be changed to $10. She said this would take care of the problem. Council President Parent indicated he did not want to change this amendment. The motion carried. Council Member Adams made a motion to amend the ordinance on page 4 to make an initial fee of $50 and renewal of $10, and on page 6, the fee for a technician be changed to $25 and $10 renewal, seconded by Council Member Kopczynski. The motion failed on a roll call vote of four ayes (Council Members Szymkowiak, Miller, Kopczynski and Adams) and five nays (Council Members Serge, Taylor, Dombrowski, Horvath and Parent). Council Member Taylor made a motion to recommend the ordinance to the Council favorably, as amended, seconded by Council Member Dombrowski. The motion carried, with Council Member Kopczynski opposing. ORDINANCE AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDI- NANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Thomas Brunner, City Attorney, made the presentation for the ordinance. He said this ordinance was patterned after the ordinance passed in Detroit. He briefly described the Detroit ordinance, as opposed to the ordinance passed by Boston, and said he felt they had made the right choice by following the Detroit ordinance. He asked that the following amendments be made to the ordinance; in paragraph three change the word "fails" to "serves:; Section II, paragraph b should read as follows -In order to prevent the development of a blighted area, no building or premise may be used and no building may be erectec moved, structurally altered or enlarged, for any controlled use, if such building or premise is located within one thousand (1000) feet of any two (2) controlled uses, as such use is defined in Sections 21 -1 (15.1); Section II, paragraph (d) subparagraph (B) remove No. (1) and renumber remaining four. 597 REGULAR MEETING DECEMBER 13, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Council President Parent made a motion to amend the ordinance, seconded by Council Member Adams. The motion carried. Mr. Richard Johnson, Director of Area Plan, said the passage of this ordi- nance was important and it will help to stabilize neighborhoods. He said that Area Plan re- commended this ordinance favorably to the Common Council. Mr. Richard Muessel, real estate appraiser, indicated he had extensive experience in making valuations of property being condemne in which the areas were blighted. He said in his opinion adult businesses were a sign of an advancing blight condition. Vincent Smith, Special Operations Officer of the Police Department spoke regarding the correlation between adult businesses and the crime ratio in the City. Mrs. Arlene Quigley, 1019 N. Francis, read the following statement: TO: MEMBERS OF THE SOUTH BEND CITY COUNCIL FROM: Northeast Neighborhood Council SUBJECT: Ordinance #4990 -68 The Northeast Neighborhood Council has on several occasions expressed its interest in the devel ment of an ordinance limiting the spread of "adult businesses" in residential neighborhoods. We have talked with Mayor Nemeth and his Administrative Assistant, Mr. Carrington, Mr. Thomas Brunner, City Attorney, our Councilman Roger Parent and to the Alcoholic Beverage Commission. Our particular neighborhood's problem is one of too many taverns or bars (5) in very close proximity to an "A" Residential" area: The five -point corners of South Bend Avenue, Eddy and Corby Blvd., plus the corner of North Notre Dame Avenue and Howard Streets and the tavern at the corner of South Bend Ave., and Notre Dame Avenue in a "B Residential" general area. (there is one family -type bar to which we have no objection.) Our residents are continually harrassed by the noise of broken bottles, loud and profane language, roaring automobile engines and horns, trespassing on lawns and property, the blocking of driveways and garages and other general disturbances, particularly on weekends during the early hours of the morning. Tavern goers roam from one establishment to the other carrying on loud conversations with each other without regard to the hour -- sometimes 2 to 4 a.m. This has a very disasterious effect on one's ability to sleep. We are also concerned for those other areas of the City that are having difficulties with adult book stores, adult motion picture theatres and cabarets. Our Council feels that these types of businesses are very detrimental to the well -being of any neighborhood and tend to attract an element which the City of South Bendcbes not want or need. We are, therefore, delighted that an ordinance amending Chapter 21 of the City Code of South Bend, known as Ordinance #4990 -68, has been introduced and we urge you to pass it with all due speed with implementation and enforcement as soon as possible. Arthur J. Quigley, President NORTHEAST NEIGHBORHOOD COUNCIL cc: Mr. Roger Parent, Pres. City Council Mr. Thomas Brunner, City Attorney Council Member Serge indicated there was an adult book store moving in his area and he wanted to know if the ordinance was passed could they be stopped. Mr. Brunner indicated that if the pro- perty was purchased for that purpose, the City would have a problem in making this retroactive. Council Member Szymkowiak made a motion that this ordinance be recommended to the Council favor- ably, as amended, seconded by Council Member Dombrowski. 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 21, MUNICIPAL CODE) (100 BLOCK OF EAST NORTH SHORE DRIVE). This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Jack Dunfee, attorney representing the peti- tioners, said that on December 30, 1976, he sent a letter to Mr. Parent withdrawing the petition initiated by the property owners. Mr. Parent, representing the Fourth District, said he was concerned about the Harter Heights Area. He said the petition was filed and there was an ordi- nance before the Council. He said he was requesting the Council to continue the public hearing on this ordinance until the January 24 meeting of the Council, in order to have additional time to study the questions raised. He said it appears the petitioners thought the area was zoned "A" and the attorney has done some research and found a 1946 ordinance which rezoned the propert to "B ". He made a mtoion the ordinance be continued until January 24, seconded by Council Membe Dombrowski. The motion carried. Council Member Miller indicated it was normally the Council's practice to let the public speak regarding the issue. Mr. Norman Crowe, 315 Peashway, discussed their neighborhood association's reasons for opposing the rezoning. Council President Parent ma a motion to recess, seconded by Council Member Dombrowski. The motion carried and the meeting w recessed at 8:37 and reconvened at 8:57. ORDINANCE AN ORDINANCE APPROPRIATING $18,000 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS CODE ENFORCEMENT PRO - GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. Council Member Adams made a motion to continue public hearing on this ordinance until January 4, 1977, seconded by Council Member Taylor. The motion carried. 59 A REGULAR MEETING DECEMBER 13 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED ORDINANCE AN ORDINANCE APPROPRIATING $300,048 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR OPERATION OF CENTURY CENTER, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. Council Member Adams made a motion to continue public hearing on this ordinance until January 4, 1977, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE REPEALING ORDINANCE NO. 5177 -70, PASSED APRIL 28, 1970, WHICH ANNEXED TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA CERTAIN TERRITORY ENBRACING 890 ACRES AND GENERALLY DESCRIBED AS GILMER PARK. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Robert Parker, Deputy City Attorney, made the presentation for the ordinance. He said an offer was made in writing to the attorney for the remonstrators setting forth the proposed terms acceptable to the City. This offer has been re- jected by the attorney for the remonstrators. He said the Administration now believes that it is in the best interest of the City if the litigation of the- .pending case is discontinued. He said after repeal of this ordinance the City then proposes to petition the court for a dismissal of the pending litigation. Council Member Adams made a motion that this ordinance be recommende< to the Council favorably, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING $6,903.25 IN THE GENERAL PARK FUND. TRANSFER IS BEING MADE IN VARIOUS BUDGET CLASSIFICATIONS WITHIN THE GENERAL PARK FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. James Seitz, Superintendent of Public Parks made the presentation for the ordinance. He said these funds will be used to pay for increased costs in premiums for insurance that covers park facilities, equipment and increased cost in the employee group insurance. Council Member Kopczynski asked how much surplus was in the total park budget. Mr. Seitz indicated he did not know the figure. Council Member Dombrowski made a motion that this ordinance be recommended to the Council favorably, seconded by Council Member Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $1,825.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE BUREAU OF ENVIRONMENTAL CONTROL BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above ordinance, proponents and.op- ponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the pre- sentation for the ordinance. He said the reasons for transfer of these funds are increases in Environmental Officers and the equipment which they need, as well as the dog control people need, and the increased publication of notification in the South Bend Tribune for sub- standard houses. Council Member Adams asked what would be, bought with the $700 for office supplies. Mr. Mullen indicated he did not know specifically. Council Member Taylor made a motion this ordi- nance be recommended to the Council favorably, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $200,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS CIVIC CENTER EQUIPMENT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF PUBLIC WORKS. ORDINANCE AN ORDINANCE APPROPRIATING $49,231 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR OPERATION OF THE YOUTH SERVICES BUREAU, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF HUMAN RESOURCES. Council Member Miller made a motion that the above ordinances be continued until the January 4, 1977, meeting of the Council, seconded by Council President Parent. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Miller made a motion to rise and report to the Council, seconded by Council Member Parent. The motion carried. ATTEST: ATTEST: Ci Clerk C_halrXaah 99 REGULAR MEETING DECEMBER 13, 1977 REGULAR MEETING (RECONVENED) REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the November 22, 1976 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same.be approved. /S/ Mary Christine Adams /S/ Roger O. Parent Council Member Serge made a motion that the minutes of the November 22, 1976, meeting be accepted as read and placed on file, seconded by Council Member Dombrowski. The motion carried. REPORT FROM THE COMMITTEE-OF THE WHOLE Council Member Taylor made a motion to waive the reading of the report of the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). PETITIONS TO AMEND ZONING ORDINANCE 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: The northeast corner of Fillmore Road (Linden Avenue) and Clemens Street. 2. The property is owned by: Brooksfield Farm, 100 Center Complex, Mishawaka, Indiana 46544 3. A legal description of the property is as follows: A part of the Southeast 1/4 of the Southeast 1/4 of Section 5, Township 37 North, Range 2 East located in the City of South Bend, St. Joseph County, Indiana more particularly described as follows: Beginning at a point on the South line of said Section 5, 842.10 feet West of the Southeast corner of said Section 5; thence on an assumed bearing of North 00 03' 42" West, 476.00 feet; thence South 890 59_ 17" East, 141.00 feet to the Southwest corner of lot 54 as shown on the recorded plat of Section "A" Harber Homes in Plat Book 24, Page . "H" in the Office of the Recorder of St. Joseph County, Indiana; thence North 00 00' 43" East along the West line of said Section "A" Harber Homes, 263.00 feet; thence North 750 29' 18" West, 51.38 feet; thence North 50 06' 42" East, 236.53 feet to the Northwest corner of said plat of Section "A" Harber Homes; thence 890 53' 18" West, 264.08 feet, thence North 890 50' 56" West, 329.78 feet to the West line of said Southeast 1/4 of the Southeast 1/4 of Section 5, said line being also the East line of the plat of Portage Gardens recorded in said Office of the Recorder of St. Joseph County, Indiana; thence South 00 03' 42" East along said East line of Portage Gardens, 988.71 feet to the South line of said Section 5; thence South 890 59' 17" East along said South Line of Section 5, 480.93 feet to the place of beginning and containing 12.35 acres more or less, excepting that portion of the property described as follows: Beginning at a point on the South line of said Section 5, 842.10 feet West of the Southeast corner of said Section 5; thence North 200 feet; thence West 235.00 feet; thence South 200 feet to the South line of said Section 5; thence East along said South line of Section 5, 235.00 feet to the place of beginning containing 1.08 acres more or less. 4. It is desired and requested that the foregoing property be rezoned: From A Residential Use and A Height and Area District To B Residential Use and A Height and Area District. 5. It is proposed that the property will be put to the following use and the following buildings will be constructed Housing for the elderly consisting of 20 buildings with 6 one bedroom units in each building for a total of 120 dwelling units. 6. Number of off - street parking spaces to be provided: One hundred and eight -four (184) 7. Attached is 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 .i..__- l -__ - -i -1 - -- REGULAR MEETING DECEMBER 13, 1976 REGULAR MEETING (RECONVENED) 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: The northeast corner of Fillmore Road (Linden Avenue) and Clemens Street. 2. The property is owned by: Brooksfield Farm, 100 Center Complex, Mishawaka, IN. 3. A legal description of the property is as follows: A part of the Southeast 1/4 of the Southeast 1/4 of Section 5, Township 37 North, Range 2 East located in the City of South Bend, St. Joseph County, Indiana more particularly described as follows: Beginning at a point on the South line of said Section 5, 842.10 feet West of the Southeast corner of said Section 5; thence North 200 feet; thence West 235 feet; thence South 200 feet to the South line of said Section 5; thence East along said South line of Section 5, 235.00 feet to the place of beginning containing 1.08 acres more or less. 4. It is desired and requested that the foregoing property be rezoned: from A Residential Use and A Height and Area District To C -1 Commercial Use and A Height and Area District. 5. It is proposed that the property will be put to the following use and the following buildings will be constructed A structure to serve the 120 unit housing development for the elderly immediately adjacent. The structure of appoximately 6,900 sq. ft. would have the following spaces: Community Room, 2,550 sq. ft.; Management and Maintenance Area, 1,500 sq. ft.; Laundry Area, 400 sq. ft.; and Commercial Area (Grocery Store) 2,400 sq. ft. 6. Number of off - street parking spaces to be provided: Twenty (20) of which twelve (12) would serve commercial area. 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. BROOKSFIELD FARM /s/ T. BROOKS BRADEMAS, MANAGING PARTNER 100 Center Complex, Mishawaka, IN Petition Prepared by T. Brooks Brademas 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: The southeast corner of the intersection of Chippewa and Michigan Streets, South Bend, Indiana. 2. The property is owned by: Hazlitt Corporation, an Indiana corporation. 3. A legal description of the property is as follows: Lot A and Lot 37 as shown on Second Plat of Chippewa Heights Addition to the City of South Bend, Indiana. Lot 38 as shown on the Second Plat of Chippewa Heights Addition to City of South Bend, Indiana - Excepting therefrom the following: Beginning at the Northwest corner of said Lot 38 - thence running East 150 feet, thence Southwesterly parallel with Michigan Street to South line of said Lot 38 - to Southwest corner thereof; thence Northeasterly along the Easterly line of Michigan Street to place of beginning. 4. It is desired and requested that the foregoing property be rezoned: From A Residential Use and A Height and Area District To B Business Use and A 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 Dental and medical purposes 6. Number of off - street parking spaces to be provided: Twenty -four (24) REGULAR MEETING DECEMBER 13, 1976 REGULAR MEETING RECONVENED 7. Attached is (a) copies; (c) a $10 filing ing properties; (3) names property with in 300 feet development plan. Petition Prepared By: Richard W. Morgan a �1 � an original ordinance and 30 copies; (b) an original petition and 30 fee; (d) an existing plot plan showing my property and other surround - and addresses of all the individuals, firms or corporations owning of the property sought to be rezoned: and (f) five copies of a site ENDODONTIC SERVICES, INC., an Indiana Professional Medical Corporation, by their Attorney /s /Richard W. Morgan THORNBURG, McGILL, DEAHL, HARMAN CAREY & MURRAY Council President Parent indicated the petitions would be handled along with the ordinance when they received first reading. ORDINANCES, SECOND READING ORDINANCE NO. 6088 -76 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (18181, 18163 AND 18141 IRELAND ROAD) . This ordinance had second reading. Council Member Horvath made a motion to pass this ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . ORDINANCE AN ORDINANCE AMENDING CHAPTER 7 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE ADDITION OF ARTICLE 9 PERTAINING TO MASSAGE ESTABLISHMENTS, MASSAGE TECHNICIANS, AND THE PRACTICE OF MASSAGE. Council Member Taylor made a motion thatthis ordinance be stricken from the record, seconded by Council Member Horvath. The motion carried. ORDINANCE NO. 6089 -76 AN ORDINANCE AMENDING CHAPTER 7 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE ADDITION OF ARTICLE 9 PERTAINING TO THE REGULA- TION OF MASSAGE ESTABLISHMENTS, MASSAGE TECHNICIANS AND THE PRACTICE OF MASSAGE. This ordinance had second reading. Council Member Taylor made a motion to amend the ordinance, as amended in the Committee of the Whole, seconded by Council Member Adams. The motion carried. Council Member Taylor made a motion to pass the ordinance, as amended, seconded by Council Member Dombrowski. Council Member Kopczynski asked for permission to abstain from voting. Council Member Adams made a motion to allow him to abstain, there was no second. A discussion was held regarding the procedure for abstensions. Council Member Adams made a motion to allow Council Member Iopczynski to abstain, seconded by Council President Parent. Council Member Miller indicated he thought the Council should establish a precedent that we do not allow ab- stensions unless there is a conflict of interest. Mr. Thomas Brunner, City Attorney, said he thought this was Tadition, and abstensions would only be allowed if the reason was stated and there was a conflict of interest. A vote was taken on the motion and it lost by a roll call vote of three ayes (Council Members Szymkowiak, Adams and Parent) five nays (Council Members Serge, Miller, Taylor Dombrowski, and Horvath) and one abstension (Council Member Kopczynski). Council Member Kopczynski indicated he would vote no for the ordinance because the ordinance did not consider legitimate business. The ordinance passed by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent) and one nay (Council Member Kopczynski). ORDINANCE NO. 6090 -76 AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Council Member Taylor made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor made a motion to pass the ordinance, as amended, seconded by Council Member Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (100 BLOCK OF EAST NORTH SHORE DRIVE) . Council Member Dombrowski made a motion to continue public hearing and second reading on this ordinance until the January 24, 1977, meeting of the Council, seconded by Council Member Adams. The motion carried. REGULAR MEETING DECEMBER 13, 1976 REGULAR MEETING (RECONVENED) ORDINANCE AN ORDINANCE APPROPRIATING $18,000 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS CODE ENFORCEMENT PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPART- MENT OF ADMINISTRATION AND FINANCE. Council Member Dombrowski made a mottion to continue public hearing and second reading on this ordinance until the January 4, 1977, meeting of the Council, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $300,048.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR OPERATION OF CENTURY CENTER, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMIN- ISTRATION AND FINANCE. Council Member Taylor made a motion to continue public hearing and second reading on this ordi- nance until January 4, 1977, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6091 -76 AN ORDINANCE REPEALING ORDINANCE NO. 5177 -70 PASSED APRIL 28, 1970, WHICH ANNEXED TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA CERTAIN TERRITORY EMBRACING 890 ACRES AND GENERALLY DESCRIBED AS GILMER PARK. This ordinance had second reading. Council Member Taylor made a motion to pass the ordinance, seconded by Council Member Serge. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6092 -76 AN ORDINANCE TRANSFERRING $6,903.25 IN THE GENERAL PARK FUND. TRANSFER IS BEING MADE IN VARIOUS BUDGET CLASSIFICATIONS.WITHIN THE GENERAL PARK FUND. This ordinance had second reading. Council Member Taylor made a motion to pass the ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . ORDINANCE NO. 6093 -76 AN ORDINANCE TRANSFERRING THE SUM OF $1,825.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE BUREAU OF ENVIRONMENTAL CONTROL BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND This ordinance had second reading. Council Member Taylor made a motion to pass the ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE AN ORDINANCE APPROPRIATING $200,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR CIVIC CENTER EQUIP - MENT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF PUBLIC WORKS. Council Member Adams made a motion to continue public hearing and second reading on this ordi- nance until the January 4, 1977, meeting of the Council, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $49,231 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR OPERATION OF THE YOUTH SERVICES BUREAU, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF HUMAN RESOURCES. Council Member Dombrowski made a motion to continue public hearing and second reading on this ordinance until the January 4, 1977, meeting of the Council, seconded by Council Member Adams. The motion carried. RESOLUTIONS RESOLUTION NO. 543076 A RESOLUTION TRANSFERRING $200.00 FROM ACCOUNT 261.2 "TITLE INSURANCE AND ABSTRACTS" TO VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF LAW BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. WHEREAS, additional funds are required over those previously appropriated for certain ac- counts with the Department of Law budget; and WHEREAS, a surplus exists in another account where it is not presently needed. This surplus is shown more specifically as follows, to -wit: 6 ?�3 REGULAR MEETING (RECONVENED) $200.00 in Account 261.2 "Title Insurance and Abstracts ". NOW, THEREFORE, BE IT ORDAINED BY the Common Council of the City of South Bend.: SECTION I. That the Account 261.2 "Title Insurance and Abstracts" be reduced by $200.00 and this amount be appropriated and transferred as follows: ACCOUNT 252.0 262.1 DESCRIPTION "Equipment Repair" "Books" AMOUNT $ 16.87 183.13 SECTION II. This Resolution shall be in full force and effect from and after. its passage by the Common Council and its approval by the Mayor. /s /Mary Christine Adams Member of the Common Council A public hearing was held at this time on the resolution. Mr. Thomas Brunner, City Attorney, indicated this transfer was necessary due to the fact that an unanticipated shortage has occurred in account 262.1 "Books ", as a result of the department's efforts to increase the efficiency of its law library. Council Member Serge made a motion that this resolution be adopted, seconded by Council Member Adams. The resolution was adopted by a roll call vote of nine ayes (Council Membe s Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). RESOLUTION NO. 544 -76 A RESOLUTION TRANSFERRING $7,800.00 FROM ACCOUNT 221.0 "ELECTRIC CURRENT" TO AC- COUNT 260.0 "OTHER CONTRACTUALS" BOTH ACCOUNTS BEING WITHIN THE RIVER BEND PLAZA BUDGET OF THE GENERAL FUND OF SOUTH BEND, INDIANA. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing budget for the River Bend Plaza so that it is now necessary to appropriate more money than was appropriated in the original budget for the various functions of city government to meet such extraordinary conditions; and WHEREAS, additional funds are needed for certain accounts within the River Bend Plaza budget to assure that department's ability to properly perform its functions; and WHEREAS, funds exist in various accounts of the River Bend Plaza Department which are not presently needed: NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the sum of $7,800.00 be transferred between various accounts as set forth below: REDUCE THE FOLLOWING ACCOUNT Account Description Amount 221.0 Electric Current $7,800.00 INCREASE THE FOLLO -KI14G ACCOUNT Account Description Amount 260.0 Other Contractual Services $7,800.00 SECTION II. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s /Mary Christine Adams Member of the Common Council A public hearing was held at this time on the resolution. Mr. Peter Mullen, City Controller, indicated there was surplus in the budget for electricity because the item was budgeted on the basis of an Indiana and Michigan Electric Company rate increase which never materialized. He said they were requesting this transfer to pay rent during 1977 on the building which now houses the River Bend Plaza, Century Center and Discovery Hall staffs. Council Member Horvath asked if this sum was reflected in the Century Center budget. Mr. Mullen indicated it was not. Counci Member Kopczynski made a motion that this resolution be adopted, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, and Parent) and one nay (Council Membe Horvath). ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE APPROPRIATING $5,850.00 FROM LOCAL ROADS A14D STREETS FUND AND $650.00 FROM THE CUM_ - .ULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R & S 89 -1976, COLFAX AVENUE BRIDGE. This ordinance had first reading. Council Member Dombrowski made a motion to set this ordinance for public hearing and second reading January 4, 1977, seconded by Council Member Miller. The motion carried. REGULAR MEETING DECEMBER 13, 1976 REGULAR MEETING (RECONVENED) ORDINANCE AN ORDINANCE APPROPRIATING $100,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had first reading. Council Member Miller made a motion to set this ordinance for public hearing and second reading January 4, 1977, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $22,500.00 FROM THE LOCAL ROADS AND STREETS FUND AND $2,500.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R & S 90 -1977, CRESTWOOD AND EDISON SIGNALIZATION. This ordinance had first reading. Council Member Miller made a motion to set this ordinance for public hearing and second reading January 4, 1977, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $35,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR PROJECT CS10 -1977, NORTHEAST STORM SEWER DEVELOPMENT, PHASE II. This ordinance had first reading. Council Member Taylor made a motion to Mt this ordinance for public hearing and second reading January 4, 1977, seconded by Council Member Dombrowski. Counci Member Adams indicated she thought this matter should be studied further, and aksed that the publ hearing be scheduled for January 24, 1977. Council Member Taylor indicated that a motion had al- ready been made and seconded to set this for public hearing January 4, 1977. The motion carried with Council Members Kopczynski and Adams opposing. ORDINANCE AN ORDINANCE APPROPRIATING $8,378.00 FROM THE FEDERAL ASSISTANCE GRANT C014MONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LAW ENFORCEMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. This ordinance had first reading. Council Member Miller made a motion to set this ordinance for public hearing and second reading January 4, 1977, seconded by Council Member Dombrowski. 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 21, MUNICIPAL CODE) ( FILLMORE ROAD (LINDEN AVENUE) NORTH OF WESTWOOD LANE). This ordinance had first reading. Council Member Miller made a motion to refer this ordinance to Area Plan, seconded by Council Member Dombrowski. 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 21, MUNICIPAL CODE). (NORTHEAST CORNER OF FILLMORE ROAD (LINDEN AVENUE) AND CLEMENS STREET) . This ordinance had first reading. Council Member Miller made a motion to refer this ordinance to Area Plan, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $39,017.00 FROM THE FEDERAL ASSISTANCE GRA14T COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR ESTABLISHING THE DISCOVERY HALL PORTION OF CENTURY CENTER, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This ordinance had first reading. Council Member. Taylor made a motion to set this ordinance for public hearing and second reading January 4, 1977, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $42,975.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE RIVER BEND PLAZA, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF PUBLIC WORKS. This ordinance had first reading. Council Member Miller made a motion to set this ordinance for public hearing and second reading January 4, 1977, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING $5,500.00 FROM ACCOUNT 110.0 "SALARIES AND WAGES" TO AC- COUNT 726.0 "OTHER EQUIPMENT" BOTH ACCOUNTS BEING WITHIN THE COMMUNICATION DEPARTMENT BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. REGULAR MEETING DECEMBER 13, 1976 REGULAR MEETING (RECONVENED This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading January 4, 1977, seconded by Council Member Dombrowski. Counc: Member Adams questioned transferring 1976 funds in 1977. Mr. Walter Lantz, Deputy Controller, indicated that they were requesting suspension of rules so this ordinate could be heard. Counci: Member Taylor and Council Member Dombrowski withdrew their motion. Council Member Taylor made a motion to suspend the rules and have public hearing on this ordinance, seconded by Council Member Dombrowski. The motion carried by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). Division Chief Glenn Terry, of the Police Department made the presentation for the ordinance. He said there was a surplus in the Bureau of Communications budget account and they would like to have this $5,500 transferring to "other equipment" in order that they could purchase radio batteries and some other related equipment. Council Member Adams asked if these batteries were ususally bought out of the Police Department budget. Glenn Terry indicated they were. Council Member Kopczynski made a motion to pass this ordinance, seconded by Council Member Dombrowski. The ordinance passE by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Dombrowski, Adams, Horvath and Parent). ORDINANCE AN ORDINANCE ZONING A PARCEL OF LAND WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA. (SOUTHEAST CORNER OF CHIPPEWA This ordinance had first reading. Council Member Kopczynski made a motion to refer this ordinan to Area Plan, seconded by Council Member Dombrowski. The motion carried. PRIVILEGE OF THE FLOOR Council Member Taylor made a motion to set the time limit on any presentation to five minutes, seconded by Council Member Dombrowski. The motion carried. Mr. Peter Mullen, City Controller, indicated that the Mayor was requesting that the ordinance in committee on the Michigan -Main connector be set for public hearing and second reading January 4, 1976. Council Member Adams made a motion to set this ordinance for second reading and public hearing January 24, 1977, seconded by Council Member Serge. The motion carried. Council Member Horvath requested that the Engineering Department send the Council an up -date on the Michigan -Main connector. Council President Parent requested the City Clerk to send a letter to the Engineering Department trans- mitting this request. Mr. Rollin Farrand, Director of the Department of Public Works, expressed his pleasure at having been able to work with the Council. He said he felt he was leaving an excellent staff in the department and he hoped that good relations would continue. Mr. Al Langel, indicated it was not his intention to harass the Council. He then spoke regardin< the plight of the whites in the'Community, as well as crime victims. Council Member Kopczynski indicated he thought Council should form a committee to look into this matter. Council President Parent indicated there was an effort being made to assist older adult victims of crime through REAL Services. Council Member Kopczynski made a motion that the Council consider a committee to look into this matter, and make some recommendations on a local level. There was no second. UNFINISHED BUSINESS Council Member Dombrowski made a motion to strike the ordinance establishing a merit system of promotions forthe police department, filed in the Clerk's office November 19, 1975; the ordinanc fixing maximum salaries and wages for Community Development, filed in the Clerk's office March 16, 1976; the ordinance pertaining to Historic Preservation Commission powers and duties, filed in the Clerk's office June 7, 1976; the ordinance appropriating $200,000 from revenue sharing for various Public Works Programs, filed in the Clerk's office February 23, 1976; the ordinance to rezone property located at 407 E. Howard, filed in the Clerk's office February 5, 1975; and the ordinance to rezone property located at 733 W. Washington, filed in the Clerk's office Augus 6, 1974, seconded by Council Member Adams. The motion carried. NEW BUSINESS Council Member Horvath made a motion to sell City -owned real estate located at 937 W. LaSalle and a strip of land running east from intersection of Donmoyer and Main Streets, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor made a motion to set the Council meetings in January on January 4, 1977 an January 24, 1977, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor said our Police Department should be congratulated for cooperating so very well with the State authorities and FBI on operation "Sting ". Council Member Taylor indicated that Notre Dame plays in the Gator Bowl on January 27 and he thought a letter should be sent to Dan Devine to wish them good luck. Council President Parent indicated that the Clerk's office should send such a letter. There being no further business to come before the Council, unfinished or new, Council Member Adams made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 10:02 p.m. ATTEST: APPROVED: d City Clerk Pre