HomeMy WebLinkAbout03-13-72 Council Meeting MinutesREGULAR MEETING MARCH 13, 1972
Be it remembered that the Common Council of the City of South Bend, Indiana met in the
Council Chambers of the County -City Building on Monday, March 13, 1972 at 8:06 p.m. The meeting
was called to order by President Peter J. Nemeth who asked that everyone stand and give the
Pledge of Allegiance to the flag.
PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath,
Newburn and Nemeth.
ABSENT: None
Council President announced that the first item on the agenda, public hearing on an Ordinance
amending the zoning ordinance, still had some areas to be worked out by the Council. Councilman
Taylor then moved that the public hearing be postponed and that the Ordinance be referred to
the Ordinance Committee for further study, with the public hearing to be announced at a later
date. Councilman Kopczynski seconded the motion and it was carried.
REPORT OF THE COMMITTEE ON MINUTES
Your committee on the inspection and supervision of minutes would respectfully report that they
have inspected the minutes of the February 28 regular meeting of the Council and found them
correct. They, therefore, recommend that the same be approved.
/s/ Peter J. Nemeth
/s/ Terry S. Miller
Upon motion made by Councilman Parent, seconded by Councilman Horvath, and carried, the report
was accepted as read and placed on file.
READING OF CONGRATULATORY LETTER TO THE SOUTH BEND TRIBUNE
City Clerk Irene K.'Gammon read the following letter:
" March 9, 1972 "
Mr. Franklin D. Schurz, Sr.
South Bend Tribune
223 West Colfax Avenue
South Bend, Indiana 46601
Dear Mr. Schurz:
In recognition of the 100 years ol service which the South Bend
Tribune has provided to our community, the members of the South
Bend Common Council, on behalf of the people of the City of
South Bend, hereby extend our congratulations to the South Bend
Tribune and you, and further extend our best wishes for the
coming years.
Sincerely,
SOUTH BEND COMMON COUNCIL
11 11
REGULAR MEETING MARCH 13, 1972
REGULAR MEETING - CONTINUED
CITIZENS REQUESTS - MISCELLANEOUS MATTERS
Leo Wallisch, 446 LaPorte Avenue, spoke to the Council about the recent meeting held by
residents of the 2nd District who are concerned about.crime -in their area. He commended
Councilman Walter Szymkowiak and other city officials who attended the meeting to hear the
complaints of the residents and to help work out solutions to the problem.
PETITIONS
PETITION TO AMEND ZONING ORDINANCE
We, the undersigned, do hereby respectfully make application and petition the South Bend
Common Council 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 1302 East Indiana Avenue, 1608 South Leer
Street, 1612 South Leer Street, and 1614 South Leer Street, South Bend, Indiana.
2. The property is owned by Robert F. Reed and Barbara M. Reed, husband and wife.
3. A legal description of the property is as follows: Lots 6, 7, 8 and 9 on the recorded Plat
of D.C. Leer's First Addition to the City of South Bend, described by metes and bounds as
follows: Beginning at the Northwest corner of Lot #6 of the Plat of D.C. Leer's First
Addition, South Bend, Indiana as shown on the recorded Plat in the Office of the Recorder
of St. Joseph County, Indiana; thence South 186.4 feet along the west line of Lots #6, 7,
8 and 9 to the Southwest corner of said Lot #9; thence East 132 feet along the South line of
said Lot #9 to the Southeast corner thereof; thence North 186.4 feet along the East line
of said Lots #6, 7, 8 and 9 to the Northeast corner of said Lot #6; thence West 132 feet
along the North line of said Lot #6 to the place of beginning.
4. It is desired and requested that the foregoing property be rezoned from "A" Residential
Use and no change Height and Area District to "B" Residential Use and no change Height and
Area District.
5. It is proposed that the property will be put to the following use and the following build-
ings will be constructed: On rezoning, the property will be put to use for school purposes,
the four existing buildings on such property will be utilized for such purposes and there
will be constructed a classroom and enclosed walkway as shown on the annexed site plan for
school use and purposes.
6. Number of off street parking spaces to be provided: Seven.
7. Attached is a copy of a.) an existing plot plan showing my property and other surrounding
properties; b.) names and addresses of all the individuals, firms or corporations owning
property within 300 feet of the property sought to be rezoned; c.) site development plan.
/s/ Robert F. Reed
/s/ Barbara M. Reed, Petitioners
903 Homewood Avenue
Mishawaka, Indiana 46544
Petition Prepared by:
Joseph A. Roper
316 First Bank Building
South Bend, Indiana 46601
Councilman Parent made a motion that this Petition and the next five Petitions on the agenda all
be referred to the Area Plan Commission for further study. Councilman Kopczynski seconded the
motion. In the discussion on the motion, it was suggested that each petition should be read
and acted upon separately. The motion was defeated. Councilman Parent made a motion that the
Petition to rezone property at Indiana Avenue and Leer Street be referred to the Area Plan Com-
mission for further study. Seconded by Councilman Szymkowiak and carried.
PETITION TO AMEND ZONING ORDINANCE
We,the undersigned, do hereby respectfully make application and petition the City of South Bend,
Indiana to amend the Zoning Ordinance of the City of South Bend, Indiana as hereinafter requester
and in support of this application, the following facts are shown:
1. The property sought to be rezoned is located at West Side of Miami Road, Beginning 730.15
feet South of Ireland Road, running thence South 348.11 feet.
2. The property is owned by Roberts Cleaning Centers, Inc.; Southold Downs, Inc.; James F.
Peacock, Mary Anna Peacock, Robert R. Allen and Dorthy A. Allen.
3. A legal description of the property is as follows: A tract of land in the Southeast Quarter
of Section 25, Township 37 North, Range 2 East, St. Joseph County, Indiana, more particularll
described as follows: Beginning at a point on the East line of said Southeast Quarter;
thence West 420.00 feet to a point; thence North a distance of 173.73 feet to a point on the
South Line of property owned by the City of South Bend; thence West along said property
line 420.00 feet; thence South 521.81 feet to a point; thence East 840.00 feet to a point on
the East line of said Section, said East line being also the Center of Miami Road, thence
North along said East Line 348.11 feet, more or less, to the Point of Beginning. Said
tract contains 8.387 Acres subject to Legal Highways.
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.
REGULAR MEETING MARCH 13, 1972
REGULAR MEETING - CONTINUED
PETITIONS - CONTINUED
5. It is proposed that the property will be put to the following use and the following buildings
will be constructed:l Branch Bank Facility; Light Commercial Store and /or General Business
office buildings. (7)
6. Number of off street parking spaces to be provided as per zoning requirements of the City
of South Bend, Indiana.
7. Attached is a copy of a.) an existing plot plan showing my property and other surrounding
properties; b.) names and addresses of all the individuals, firms or corporations owning
property within 300 feet of the property sought to be rezoned; c.) site development plan.
/s/ Roberts Cleaning Centers, Inc.
Southold Downs, Inc.; James F.
Peacock; Mary Anna Peacock, Robert
R. Allen and Dorothy A. Allen
By: Thornburg, McGill, Deah1, Harman
Carey & Murray
Stephen A. Seall, Attorney for
Petitioners
Petition prepared by:
Stephen A. Seall
Thornburg, McGill, Deahl,
Harman, Carey & Murray
645 First Bank Building
South Bend, Indiana 46601
Councilman Kopczynski made a motion that this petition be referred to the Area Plan Commission
for further study, seconded by Councilman Szymkowiak. Motion carried.
PETITION TO AMEND ZONING ORDINANCE
We, the undersigned, do hereby respectfully make application and petition the Common Council of
South Bend, Indiana to amend the Zoning Ordinance of the City of South Bend, Indiana as herein-
after requested, and in support of this application, the following facts are shown:
1. The property sought to be rezoned is located at 18401 State Route 23.
2. The property is owned by Lyle D. Burnside, Philip Glassman and James Locker.
3. A legal description of the property is as follows: Part of the Southwest Quarter of the
Southeast Quarter of Section 31, Township 38 North, Range 3 East, more particularly described
as follows: Beginning at a point on the Westerly line of Indiana State Road No. 23 (Edwards -
burg Highway) 801.38 feet Southwesterly of the North Line of the said Southwest Quarter
of the Southeast Quarter of Section 31, thence continuing South 34 degrees 32 minutes 40
seconds West along said Westerly line of said Highway a distance of 177.35 feet to a point;
thence North 55 degrees 27 minutes 20 seconds West, a distance of 130.00 feet to a point;
thence North 34 degrees 32 minutes 40 seconds East a distance of 177.35 feet to a point;
thence South 55 degrees 27 minutes 20 seconds East, a distance of 130.00 feet to the point
of beginning. Containing 0.528 acres.
4. It is desired and requested that the foregoing property be rezoned from - -- -Use and - - --
Height and Area District to C -1 Commercial Use and "B" Height and Use District.
5. It is proposed that the property will be put to the following use and the following buildings
will be constructed: a 4,400 square foot building will be constructed for one of the
following uses: 1. Professional office building (3 doctors or 3 professional offices),
2. Barber Shop, 3. Beauty Shop, 4. Florist Shop, 5. Drug Store, 6. Meat Store, 7. Office
Building (3 offices).
6. Number of off street parking spaces to be provided: 18 parking spaces.
7. Attached is a copy of aA) an existing plot plan showing my property and other surrounding
properties; b.) names and addresses of all the individuals, firms or corporations owning
property within 300 feet of the property sought to be rezoned; c.) site development plan.
/s/ James P. Locker, Petitioner
1025 West 11th Street
Mishawaka, Indiana 46544
Petition Prepared by:
William E. Voor, Jr.
Attorney at Law
Councilman Kopczynski made a motion that this petition be referred to the Area Plan Commission
for further study. The motion was seconded by Councilman Newburn and was carried.
PETITION 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 Riverside Drive, Rose Street, Cushing Street
and Roosevelt Street in South Bend, Indiana.
2. The property is owned by Arnold Golden.
REGULAR MEETING March 13, 1972
REGULAR MEETING - CONTINUED
PETITIONS - CONTINUED
3. A legal description of the property is as follows: Lots numbered Two Hundred Twenty -four
(224), Two Hundred Twenty -five (225), Two Hundred Twenty -six (226), Two Hundred Twenty -eight
(228), Two Hundred Twenty -nine (229), Two Hundred Thirty (230) and Two Hundred Thirty -five
(235) as shown on the recorded Third Plat of the Northwest Addition to the City of South
Bend, in St. Joseph County, Indiana as recorded in Plat Book 9, Page 60.
4. It is desired and requested that the foregoing property be rezoned from A & B Resident
District Use and A and B Height and Area District to B Residence District Use and B 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: Multiple dwelling quadrominium, 15 buildings with a total of 60
dwelling units.
6. Number of off street parking spaces to be provided: 120.
7. Attached is a copy of a.) an existing plot plan showing my property and other surrounding
properties; b.) names and addresses of all the individuals, firms or corporations owning
property within 300 feet of the property sought to be rezoned; c.) site development plan.
/s/ Arnold Golden, Petitioner
By Nohl Lueneburg, Agent for
Arnold Golden
108 West Navarre Street
South Bend, Indiana
Petition Prepared by
Edward A. Chapleau
316 First Bank Building
South Bend, Indiana 46601
Councilman Kopczynski made a motion that this petition be referred to the Area Plan Commission
for further study. The motion was seconded by Councilman Horvath and was carried.
PETITION TO AMEND ZONING ORDINANCE
I, the undersigned, do hereby respectfully make application and petition the Common Council of
South Bend, Indiana to amend the Zoning Ordinance of the City of South Bend, Indiana as herein-
after requested, and in support of this application, the following facts are shown:
1. The property sought to be rezoned is located at 18343 State Route 23.
2. The property is owned by Jack S. Young, 1104 North Notre Dame Avenue, South Bend, Indiana,
(Land Contract to:) Lyle D. Burnside, Philip Glassman, James Locker.
3. A legal description of the property is as follows: Part of the Southwest Quarter of the
Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, more
particularly described as follows: Beginning at a point on the Westerly line of Indiana
State Road No. 23 (Edwardsburg Highway) 496.21 feet Southwesterly of (as measured along
said Westerly line of said Highway) the North line of the Southwest Quarter of the Southeast
Quarter of Section 31; thence South 34 degrees 32 minutes 40 seconds West along said
Westerly line of said highway a distance of 155.17 feet to a point; thence North 55 degrees
27 minutes 20 seconds West a distance of 300.0 feet to a point; thence North 34 degrees
32 minutes 40 seconds East a distance of 155.17 feet to a point; thence South 55 degrees
27 minutes 20 seconds East a distance of 300.0 feet to the point of beginning.
4. It is desired and requested that the foregoing property be rezoned from - -- Use and - --
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 buildings
will be constructed: A 6,300 square foot building will be constructed for one of the
following uses: 1. Professional office building (3 doctors or 3 professional offices),
2. Barber Shop, 3. Beauty Shop, 4. Florist Shop, 5. Drug Store, 6. Meat Store, 7. Office
building (3 offices), 8. Office Equipment Sales.
6. Number of off street parking spaces to be provided: 36.
7. Attached is a copy of a.) an existing plot plan showing my property and other surrounding
properties; b.) names and addresses of all the individuals, firms or corporations owning
property within 300 feet of the property sought to be rezoned; c.) site development plan.
/s/ James P. Locker, Petitioner
1025 West 11th Street
Mishawaka, Indiana 46544
Petition Prepared by:
William E. Voor, Jr., Attorney at Law
Councilman Newburn made a motion that the petition be referred to the Area Plan Commission for
further study, seconded by Councilman Kopczynski, and carried.
REGULAR MEETING MARCH 13, 1972
REGULAR MEETING - CONTINUED
PETITION TO AMEND ZONING ORDINANCE
We, the undersigned. do hereby respectfully make application and petition the Common Council
of the City of South Bend to amend the Zoning Ordinance of South Bend. Indiana as hereinafter
requested, and in support of this application, the following facts are shown:
1. The property sought to be rezoned is located between North Ironwood and Rosemary Lane South
of 1303 North Ironwood.
2. The property is awned by David W. Kessler.
3. A legal description of the property is as follows: Lot 72 Wooded Estates and metes and
bounds as follows: 181.1 North and South and 568.84 East and West beginning at 731.1 South
of the Northeast Corner of 6 -37 -3E containing 2.36 acres. Also the following: the west
190' of the 1303 and 1311 N. Ironwood, legal description as follows: 91' x 368.8, beginning
640' south of N.E. corner of 6 -37 -3E legal, also known as 1303 N. Ironwood. 90' north and
south by 367 east and west, beginning 550' south of the North section line of the West Side
of Ironwood Road, 6- 37 -3E.
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: 8 buildings, each containing 4 dwelling units for a total of 32
dwelling units.
6. Number of off street parking spaces to be provided: 58.
7. Attached is a copy of a.) an existing plot plan showing my property and other surrounding
properties; b.) names and addresses of all the individuals, firms or corporations owning
property within 300 feet of the property sought to be rezoned; c.) site development plan.
/s/ David W. Kessler, Petitioner
1323 N. Ironwood Drive
South Bend, Indiana
Petition Prepared by Petitioner
Councilman Kopczynski made a motion that the petition be referred to the Area Plan Commission
for further study, seconded by Councilman Parent, and carried.
COMMUNICATION FROM AREA PLAN COMMISSION
City Clerk Irene K. Gammon read the following letter from the Area Plan Commission:
m
February 25, 1972
The Honorable Common Council of
the City of South Bend
County -City Building
South Bend, Indiana
In Re: A proposed ordinance and site development plan of
Teachers Credit Union to rezone property at the
northwest corner of Jefferson Boulevard and Notre
Dame Avenue to "C" Commercial from "B" Residential
Gentlemen:
The attached proposed ordinance originated by the
Teachers Credit Union was legally advertised and given
public hearing by the Area Plan Commission on February 15,
1972, at which time the following action was taken:
"A motion was made by Mr. Richardson that
the Commission return a favorable recom-
mendation for the rezoning subject to proper
screening, seconded by Mr. Sharp and unanimously
carried."
An excerpt from the minutes of the meting of February
15, 1972 are attached and made a part of this report.
Very truly yours,
/s/ Hoard Bellinger
Execdtive Director
HB:ld
Attach.
to
T
There being no objections, the report was accepted and placed on file.
ORDINANCES, FIRST AND SECOND READING
AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA (Teachers Credit Union)
I
This Ordinance was given first reading by title and second reading in full. Upon motion by
Councilman Kopczynski, seconded by Councilman Horvath, and carried, the ordinance was set for
public hearing on March 27, 1972.
REGULAR MEETING MARCH 13, 1972
REGULAR MEETING - CONTINUED
ORDINANCES, FIRST AND SECOND READING - CONTINUED
ORDINANCE
AN ORDINANCE ESTABLISHING PROCEDURES FOR THE
DISPOSITION AND RENTAL OF REAL PROPERTY OWNED
BY THE CITY OF SOUTH BEND, INDIANA AND FOR
OTHER PURPOSES
This Ordinance was given first reading by title and second reading in full. Upon motion by
Councilman Frank Horvath, seconded by Councilman Serge, and carried, the ordinance was set for
public hearing on March 27, 1972.
ORDINANCE
AN ORDINANCE AMENDING AND SUPPLEMENTING
ORDINANCE NO. 4990 -68 CHAPTER 40 OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
INDIANA, FORMERLY REFERRED TO AS ZONING
ORDINANCE NO. 3701 (Indiana and Leer)
This Ordinance was given first reading by title and second reading in full. Councilman Miller
made a motion that the Ordinance be referred to the Area Plan Commission for their recommendation
The motion was seconded by Councilman Kopczynski, and 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) (West Side of
Miami, South of Ireland)
This Ordinance was given first reading by title and second reading in full. Councilman Miller
made a motion that the Ordinance be referred to the Area Plan Commission for their recommenda-
tion. The motion was seconded by Councilman Newburn, and carried.
ORDINANCE
AN ORDINANCE AMENDING AND SUPPLEMENTING
ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
INDIANA, FORMERLY REFERRED TO AS ZONING
ORDINANCE NO. 3702, AS AMENDED. (Riverside,
Rose, Roosevelt and Cushing)
This Ordinance was given first reading by title and second reading in full. Councilman Miller
made a motion that the Ordinance be referred to the Area Plan Commission for their recommenda-
tion. The motion was seconded by Councilman Kopczynski, and carried.
ORDINANCE
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE CITY OF SOUTH BEND, INDIANA - 1962 -
SECTION 40 AS AMENDED AND GENERAL ORDINANCE
NO. 4990 =68, AND THE ACCOMPANYING MAP THERETO,
GENERALLY KNOWN AS THE SOUTH BEND ZONING
ORDINANCE BY CHANGING THE CLASSIFICATION OF
THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND
(18401 STATE ROUTE 23)
This Ordinance was given first reading by title and second reading in full. Councilman Kop-
czynski made a motion, seconded by Councilman Newburn, that the Ordinance be referred to the Area
Plan Commission for their recommendation. Motion carried.
ORDINANCE
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE CITY OF SOUTH BEND, INDIANA -1962-
SECTION 40, AS AMENDED, AND GENERAL ORDINANCE
NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO,
GENERALLY KNOWN AS THE SOUTH BEND ZONING
ORDINANCE BY CHANGING THE CLASSIFICATION OF
THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND.
(18343 State Route 23)
This Ordinance was given first reading by title and second reading in full. Councilman Taylor
made a motion, seconded by Councilman Serge, that the ordinance be referred to the Area Plan
Commission for their recommendation. Motion carried.
ORDINANCE
AN ORDINANCE AMENDING AND SUPPLEMENTING
ORDINANCE NO. 4990 - CHAPTER 40 OF THE
MUNICIPAL CODE (FORMERLY ZONING ORDINANCE
NO. 3702) (North Ironwood and Rosemary Lane)
This Ordinance was given first reading by title and second reading in full. Councilman Horvath
made a motion, seconded by Councilman Parent, that the ordinance be referred to the Area Plan
Commission for their recommendation. Motion carried.
REGULAR MEETING MARCH 13, 1972
REGULAR MEETING - CONTINUED
RESOLUTIONS
RESOLUTION NO. 298 -72
A RESOLUTION EXPRESSING THE SENSE OF THE COUNCIL
REGARDING PUBLIC HOUSING IN THE MODEL CITIES AREA
WHEREAS, The South Bend Common Council has, heretofore, expressed its opposition to the erection
of any more public housing units in the part of the city West of Michigan Street until more units
are erected East of Michigan Street, and
WHEREAS, the over -all plan for the development of the Model Cities Area approved by the Model
Neighborhood Planning Agency, calls for the construction of some public housing units on
scattered sites within the Model Cities Area, and
WHEREAS, the Council views the construction of public housing on scattered sites within the Model
Cities Area as an exception to its program on balancing public housing in the various areas of
the City,
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend. Indiana: That the
Council will interpose no objections to the construction of additional public housing units on
scattered sites in the Model Cities Area.
/s/ Odell Newburn
Member of the Common Council
A Public Hearing on this resolution was held at this time. Mrs. Louvenia Cain, 1207 W. Washing-
ton Street, Co- Chairman of the Housing Committee of the Model Cities Program, spoke in favor of
the resolution. She said there are 16 lots available now in the Model Cities Area and that
housing is needed for families with eight and nine children. Mr. Peter Bognar, 805 W. Washington
Street, said that he is not opposed to public housing but is opposed to putting additional
housing in this area. He said it was his understanding that the Council had said no more public
housing units would be built in the Model Cities area until some is built in other parts of the
city. He asked why all the public housing should be located in the Model Cities area.
Mrs. Lee Swan, 2022 Swygart Street, said that of 500 low income public housing sites, all but 178
of them are West of Michigan Street. Councilman Miller said it was his understanding that all
of the sites under the turnkey housing program were on the east side of South Bend. Mr. Johan
O'Brien, 1523 N. College, Director of the City Housing Authority, said that there are 898 public
.housing units. The Model Cities area has 501 units, or 56% and that to break it down dividing
the city at Michigan Street, 790% are located West of Michigan Street and 21% East of Michigan
Street. If the city is divided into quarters with Western Avenue and Michigan Street as the
center, there are 578 units in the southwest quarter, 178 in the northwest quarter, 127 in the
northeast quarter, and 88 in the southeast quarter. In the Plaza Hi -Rise Building there are 141
units for the elderly and 94 family units. Mrs. Swan continued that there are enough low income
units in the Model Cities area. More would cause overcrowding in the schools, predominately
black neighborhoods, and constitute de facto segregation. She feels the remaining units should
be built East of Michigan Street and urged the Council to vote nay on the resolution.
Councilman Newburn said citizens of the Model Cities area have the right to stay in that area if
they want to and that building more units within the Model Cities area would allow people to
upgrade their housing and give them the choice of the neighborhood they want to live in.
Councilman Parent questioned the legality of the Council passing such a resolution. City Attorne3
Charles Sweeney, Jr. said the Council could adopt such a resolution, which may or may not be
constitutional, but it would not have any binding effect on anybody. He said if the question is
"Does the Council have the power to enact ordinances to legislate where people will find available
'public housing ?" the answer is yes until a court of law says no. Councilman Szymkowiak said that
the Model Cities program originated with the understanding that there would be public housing
built in the Model Cities area, because many of the homes now existing in the area are in need of
replacement or repair. Many of these people want to continue to live in the neighborhood where
they have lived for 30 to 40 years. These units in the Model Cities area would be replacement
for existing housing, not new people in the area. Mr. Charles Watkins, Deputy City Controller,
said that Mayor Miller was invited to attend a meeting in the Model Cities area and that this
resolution expresses the feeling not only of the Council but of the majority of the Model Cities
residents. They want to improve their property and need new housing sites, also. Mr. Bognar
said that these 16 proposed sites would not even touch the problem of needed housing. Mr.
Charles Lennon, Director of the Model Cities Program, said that it is a beginning and that 703
residents in the Model Cities area need decent homes. Scattered sites will be a start and they
are hopeful that private contractors will want to come in and build in the Model Cities area.
Gerald Reinke, 1221 Ridgedale Drive, a former City Councilman, said that he had signed a similar
resolution before the former Council because one of the developers who had a commitment to build
public housing was unable to find 12 sites needed on the East Side. There was no property
available but there were sites in the Model Cities area. He feels that if public housing is
built in the Model Cities area it will bring private developers in. Reginald Howard, 823 W.
Indiana Avenue, said that Model Cities within itself was supposed to be a unique.program. Under
HUD's new selection site criteria for 235 homes, Model Cities was excluded. Councilman
Szymkowiak asked the price range of the homes to be built. Mr. Lennon said they would range
from $18,000 - $19,000 to $23,500 for four bedroom dwellings, and would have minimum maintenance
using brick wherever possible. Councilman Kopczynski asked how many residents there are in the
Model Cities area. According to the 1960 census figures, there were 15,000. Density of popula-
tion in Model Cities area is 14.7 per acre as compared with 7.0 per acre in other parts of the
city. Councilman Taylor said he thinks this resolution will give the total overall view of the
Council concerning public housing and also upgrading the Model Cities area. This would provide
the residents an opportunity, through this program, to better themselves. Councilman Miller
said that he takes a positive attitude toward the concept of public housing and that the east
side of South Bend is in need of more housing for the eldazly. Model Cities wants public
housing and the Model Cities staff should be able to find out exactly what is wanted in the area.
Councilman Parent said that he favors the concept of public housing and that the east side of
South Bend needs it, but the immediate problem is Model Cities. Councilman Kopczynski asked
how many public housing units are now vacant. Mr. O'Brien answered that 64 units, or 7 %, are
vacant. There are 300 families waiting for housing now. Councilman Newburn restated his feeling
that the people should have the right to live in the neighborhood they choose. They would like
REGULAR MEETING
RESOLUTION NO. 298 -72 - PUBLIC HEARING CONTINUED
MARCH 13, 1972
to upgrade the Model Cities area by improving housing and eliminating crime. Councilman Miller
called for the question. Councilman Taylor made a motion that the resolution be adopted, secondec
by Councilman Szymkowiak. The resolution was adopted by a roll call vote of eight ayes,
(Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) one nay,
(Councilman Kopczvnski).
RESOLUTION NO. 299 -72
A RESOLUTION AUTHORIZING FILING OF APPLICATION WITH THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES
OF AMERICA, FOR A GRANT UNDER PUBLIC LAW 89 -117
WHEREAS, pursuant to P.L. 89 -117 the United: "States of America has authorized the making of grants
to public bodies to aid in financing the construction of basic water and sewer projects:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA:
1. That Jerry J. Miller, Mayor of the City of South Bend, Indiana be and he is hereby author-
ized to execute and file an application on behalf of the City of South Bend, Indiana with the
Department of Housing and Urban Development, United States Government, for a grant to aid in
financing the construction of the South Bend Model Cities Sewer Separation Project. WS- Ind -109,
and an assurance of compliance with the Department of Housing and Urban Development regulations
under Title VI of the Civil Rights Act of 1964.
2. That Jerry J. Miller, Mayor of the City of South Bend, Indiana be and he is hereby author-
ized and directed to furnish such information as the Department of Housing and Urban Development
may reasonably request in connection with the application which is herein authorized to be filed.
/s/ Peter J. Nemeth
Member of the Common Council
A public hearing on this resolution was held at this time. David Wells, Assistant City Engineer,
explained that the city had filed an application about a year ago, but as part of HUD's review
they have asked that forms be sent for updating the application, one of which is this resolution.
In all federal programs, the Chief Executive of the city has to sign for the city. Councilman
Nemeth asked if this was giving the Mayor a blank check. Mr. Wells said no. Model Cities
qualifies for federal water and sewer grants and, therefore, we are applying for funds. Upon
motion by Councilman Parent, seconded by Councilman Horvath, the resolution was adopted by a
roll call vote of nine ayes, (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski,
Horvath, Newburn and Nemeth).
NEW BUSINESS
City Attorney Charles Sweeney, Jr. told the Council that the City Clerk has now received 200
copies of the new Municipal Code books and said the Council should set a charge for the books
for those interested in purchasing them and also make available a certain number of these books
for various departments of the city. He suggested that the charge for the Municipal code books
be set at $20.00 per copy. :,Councilman Szymkowiak asked "Are we losing money at that price ?"
Mr. Sweeney replied that we could not charge enough to cover the cost of the books. Councilman
Parent made a motion that the revised editions of the Municipal Code be sold at $20.00 per copy.
Seconded by Odell Newburn. Motion carried. Mr. Sweeney then suggested that a motion be passed
authorizing the City Clerk to distribute to the Common Council members, to the Judges of the
Superior, Probate and Circuit Courts, and to appropriate agencies within the city, a copy of the
Municipal Code for reference, with 10 copies the maximum to be distributed. Councilman Miller
moved that the Clerk be instructed to distribute one copy of the 1971 amended Municipal Code to
each City Council member, the seven judges, and one copy, not to exceed a total of 10, to each
of the various agencies who make application for the code book. The motion was seconded by
Councilman Kopczynski, and was carried.
There being no further business, unfinished or new, to come before the Council, Councilman
Taylor made a motion to adjourn, seconded by several, and the motion carried. Meeting adjourned
at 9:46 p.m.
ATTEST:
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CITY CLERK