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HomeMy WebLinkAbout03-27-72 Council Meeting Minutes_ _ _ = _ _ _ _ _ _ = _ _ _ _ _ _ _ = _ _ _ =-= T ,_ _ _ _ _ = _ _ _ - _ _ _ = _ _ = _ __ _ REGULAR MEETING MARCH 27, 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 27, 1972 at 8:03 p.m. The meeting was called to order by President Peter J. Nemeth and the Pledge of Allegiance to the flag was given. nnTT !ITTT PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None RESOLVE INTO THE COMMITTEE OF THE WHOLE Council President Nemeth entertained a motion to resolve into the Committee of the Whole, so moved by Councilman Parent, seconded by Councilman Taylor, and carried. REGULAR MEETING MARCH 27, 1972 REGULAR MEETING - CONTINUED COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend, Indiana met in the Committee of the Whole in the Council Chambers of the County -City Building on Monday, March 27, 1972 at 8:03 p.m. with nine members present. The meeting was called to order by Chairman Odell Newburn, who presided. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (TEACHERS CREDIT UNION) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Isadore Rosenfeld, 1001 St. Joseph Bank Building, Attorney for the Teachers Credit Union, spoke in favor of the ordinance. This rezoning received unanimous approval by the Area Plan Commission and would allow construction of a new building on the northwest corner of Jefferson Blvd. and Notre Dame Avenue. Mr. Rosenfeld displayed an artist's conception of the structure, which will be a one -story building, with off - street parking provided and with a provision made for the construction of a second story at a later date, at which time a landscaped area in the plan would then provide additional parking spaces needed. At least two residents of the area appeared at the public hearing held by the Area Plan Commission who favored the rezoning because they felt it would be of benefit to the neighborhood. Councilman Szymkowiak asked if the provision for the additional story to the build- ing was shown on the site plan. Mr. Rosenfeld said that it was. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if this would keep the property on the tax rolls. Mr. Rosenfeld replied that it would stay on the tax rolls and would add to the value of the property. Councilman Parent asked the City Attorney if there was any conflict of interest in- volved in that some of the City Councilmen are members of the Teachers Credit Union. Mr. Sweeney replied that there was no conflict of interest. Councilman Taylor made a motion that the ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. Motion carried. 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 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, Deputy City Attorney, said that the Council members were familiar with the purposes of this ordinance. The Indiana Code provides specific recommendations and procedures for the disposition of city- o,��Jned property. The State Code was amended to provide that the city may adopt its own procedures for disposition and repealed previous provisions. We are now in a state of limbo with no established procedures for disposing of city -owned property. Miss Virginia Guthrie, Executive Director of the Civic Planning Association, asked Mr_. Butler if this was city property only and not park or redevelop- ment property. Mr. Butler answered that it was civil city property only. Miss Guthrie asked how much property the city owns and if there is a listing of such property. Mr. Butler said that a complete inventory of city -owned property is being compiled and that the Board of Public Works and Safety will have the inventory available for inspection when it is completed. The Board of Public Works and Safety can declare that a parcel of property is not needed for public purposes. The Common Council must act and review whether or not the property is needed. The sale of any property appraised in excess of $100,000 must go to the Council for approval. Councilman Miller asked Mr. Butler to clarify whether streets and alleys are considered city -owned real property. Mr. Butler replied that some streets and alleys are considered city property, if they have been vacated, and in other instances the city has easement rights only. Councilman Horvath asked if all property must come before the Council for approval before disposition. Mr. Butler replied that the Board of Public Works and Safety would determine whether a property was not needed for public purposes and should be sold. If the Council is in accord, the Board of Public Works and Safety would conduct appraisal and bidding procedures. If the appraised valuation is over $100,000, the Council must approve the sale. If the amount is under $100,000 it does not have-to come before the Council. Councilman Nemeth asked why the figure of $100,000 was chosen and if there would be much property involved which would go over the $100,000 figure. Mr. Butler replied that the Council members had recommended that a reasonable figure be used and that only property with a sizable structure on it would come within that provision. Councilman Szymkowiak made a motion that the ordinance be amended to change the figure on Page 3, Section E, Part 3 to $25,000. Councilman Parent seconded the motion and it carried. Councilman Nemeth made a motion that the ordinance go to the Council as favorable, as amended. Seconded by Councilman Horvath. Motion carried. There being no further business to be considered before the Committee of the Whole, Chairman Newburn entertained a motion to rise and report to the Council, so moved by Councilman Taylor, seconded by several, and carried. Time 8:30 p.m. ATTEST: CITY CLERK REGULAR MEETING - RECONVENED Be it remembered that the Common Council of Council Chambers in the County -City Building President Peter J. Nemeth presiding. REPORT OF THE COMMITTEE ON MINUTES HAI the City of South Bend, Indiana reconvened in the on Monday, March 27, 1972 at 8 :30 p.m., Council Your committee on the inspection and supervision of minutes would respectfully report that they have inspected the minutes of the March 13 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 by Councilman Taylor, seconded by Councilman Horvath, and carried, the report was accepted and placed on file. REGULAR MEETING MARCH 27, 1972 REGULAR MEETING - CONTINUED REPORT FROM THE ORDINANCE COMMITTEE The clerk read a report from the Ordinance Committee as follows: March 23, 1972" To the Common Council of the City of South Bend: Your committee on Ordinances to whom was referred: AN ORDINANCE AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA respectfully report that they have examined the matter and that, in their opinion, said Ordinance should be tabled due to the fact that a new, revised amended zoning ordinance is being presented to the Council. /s/ Robert G. Taylor Odell Newburn Walter Szymkowiak " Peter J. Nemeth " Councilman Taylor said that there were numerous parts of this Ordinance on which there was dis- agreement and that since a new Ordinance was to be presented he would like to make a motion that this ordinance be stricken from the files. Councilman Kopczynski seconded the motion and it was carried. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mr. Ronald Kronewitter, 1821 Jackson Street, spoke to the Council about whether there is an ordinance against trains from the Penn Central Railroad blocking crossings for long periods of time. This situation occurs in the southeast section of the city, East of Miami and South of Lincolnway. The traffic tie -up is inconvenient and dangerous. City Attorney Charles Sweeney said that the state statute covering operation of railroads is pretty comprehensive and that he believes this is covered in Burns Statutes. Councilman Szymkowiak said that this matter should be referred to the Traffic Engineer for appropriate action and instructed the clerk to write a letter to the Traffic Engineer about this matter. REPORT FROM AREA PLAN COMMISSION A report relating to the rezoning of property in the Miami Hills Apartments, Phase II was read as follows: I March 23, 1972" To the Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana 46601 In Re: Zoning Ordinance oii.j%nated by the Area Plan Commission to zone property in Phase II of Miami Hills Apartments from "B" Residential Gentlemen: The attached zoning ordinance originated by the Area Plan Commission of St. Joseph County was advertised March 11 and March 18, 1972 for public hearing and a Public Hearing was held on Tuesday, March 21, 1972 at which time the following action was taken: After due consideration, a motion was made, seconded and unanimously carried to recommend this proposed ordinance for approval to the Common Council of the City of South Bend. Excerpts from the minutes of the Area Plan Commission meeting will be forwarded at a later date. ld Attach. Very truly yours, /s/ Howard Bellinger Executive Director I There being no objections, the report was accepted as read and placed on file. REPORT OF THE COMMITTEE OF THE WHOLE Council President Nemeth entertained a motion to waive the reading of the Committee of the Whole report, so moved by Councilman Parent, seconded by Councilman Taylor, and carried. REGULAR MEETING REGULAR MEETING - CONTINUED ORDINANCES, THIRD READING ORDINANCE NO. 5386 -72 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (TEACHERS CREDIT UNION) MARCH 27, 1972 This Ordinance was given third reading. Councilman Parent made a motion for passage of the ordinance, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). 0 nays. ORDINANCE NO. 5387 -72 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 third reading. Councilman Taylor made a motion for passage of the ordinance, as amended. The motion was seconded by Councilman Kopczynski and was passed by a roll call vote of nine ayes, (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). 0 nays. RESOLUTIONS RESOLUTION NO. 300 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE FILING OF AN AMENDATORY APPLICATION FOR THE MAKING OF ADDITIONAL RELOCATION PAYMENTS IN ACCORDANCE WITH THE UNIFORM RELOCATION ACT OF 1970 (P.L. 91 -646) FOR THE NORTHEAST CODE ENFORCEMENT PROJECT, INDIANA E -3 WHEREAS, the Uniform Relocation Act of 1970 (Public Law 91 -646) has made provisions for additiona relocation payments and has changed the rules and regulations prescribing the manner in which these payments are to be made, and has prescribed new and different methods of financing the relocation payments for given projects; and WHEREAS, The Comptroller General has issued an opinion that projects in execution prior to the effective date of the Uniform Relocation Act may elect one of the two (2) options with respect to the financing of these relocation payments through an Amendatory Contract; and WHEREAS, it is necessary and in the public interest that the carrying out of the Code Enforcement Project, Indiana E -3, additional relocation payments be made in accordance with and to the full extent permitted by law and the regulations governing said relocation payments that the City of South Bend avail itself of the financial assistance pursuant to law for this purpose; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana that it elects to take the option to amend the Project contract, as permitted by an opinion of the Comptroller General of November 5, 1971 to Secretary George Romney, so that relocation payments (but no relocation services) will be fully reimbursed by HUD; relocation services will be shared on the project formula basis. BE IT FURTHER RESOLVED that an Amendatory Application on behalf of the City of South Bend, be file and the City of South Bend, Department of Redevelopment as the Administrative Agency carry out the Code Enforcement Project, identified above is hereby directed to file said Amendatory Applica- tion on behalf of the City of South Bend, for an increase in the Relocation Grant to make additional relocation payments in accordance with and to the full extent of the regulations governing such relocation payments; and the Mayor of the City of South Bend is hereby authorized to execute any said application and the Executive Director of the Department of Redevelopment is directed to file such Amendatory Application with the Department of Housing and Urban Development and to provide such information and to furnish documents as may be required by said Department and to act as the authorized representative of the City of South Bend, Department of Redevelopment. /s/ Peter J. Nemeth Member of the Common Council A public hearing on this resolution was held at this time. Mr. Lloyd Taylor, Executive Director of the Department of Redevelopment, explained to the Council that the new 1970 Uniform Relocation Act provides for increased in payment for relocations as follows: for moving expenses, from $200 to $300; dislocation allowance, $200; owner replacement, from $5000 to $15,000; for tenants, $1000 or two years rent to $4000 or four years rent; all under the Northeast Code Enforcement Project. The Area Director of HUD has requested that the city submit this amendatory application for payments funded under this act. The new act requires additional payments and in order for us to make those payments, we need the additional money. This program is 100% federally funded. Councilman Taylor moved that the resolution be adopted, seconded by Councilman Szymkowiak. The resolution was adopted by a roll call vote of nine ayes, (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) 0 nays. RESOLUTION NO. 301 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE FILING OF AN AMENDATORY APPLICATION FOR THE MAKING OF ADDITIONAL RELOCATION PAYMENTS IN ACCORDANCE WITH THE UNIFORM RELOCATION ACT OF 1970 (P.L. 91 -646) MODEL CITIES CODE ENFORCEMENT PROJECT, INDIANA E -5 WHEREAS, the Uniform Relocation Act of 1970 (Public Law 91 -646) has made provisions for addi- tional relocation payments and has changed the rules and regulations prescribing the manner in which these payments are to be made, and has prescribed new and different methods of financing the relocation payments for given projects; and REGULAR MEETING MARCH 27, 1972 RESOLUTION NO. 301 -72 (Continued) WHEREAS, The Comptroller General has issued an opinion that projects in execution prior to the effective date of the Uniform Relocation Act may elect one of the two (2) options with respect to the financing of these relocation payments through an Amendatory Contract; and WHEREAS, it is necessary and in the public interest that the carrying out of the Code Enforce- ment Project, Indiana E -5, additional relocation payments be made in accordance with and to the full extent permitted by law and the regulations governing said relocation payments that the City of South Bend, avail itself of the financial assistance pursuant to law for this purpose; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana that it elects to take the option to amend the project contract, as permitted by an opinion of the Comptroller General of November 5, 1971 to Secretary George Romney, so that relocation payments (but no relocation services) will be shared on the project formula basis. BE IT FURTHER RESOLVED, that an Amendatory Application on behalf of the City of South Bend, be filed and the City of South Bend, Department of Redevelopment as the Administrative Agency carry out the Code Enforcement Project, identified above is hereby directed to file said Amendatory Application on behalf of the City of South Bend, for an increase in the Relocation Grant to make additional relocation payments in accordance with and to the full extent of the regulations governing such relocation payments; and the Mayor of theOi_ty of South Bend is hereby authorized to execute any said application and the Executive Director of the Department of Redevelopment is directed to file such Amendatory Application with the Department of Housing and Urban Develop- ment and to provide such information and to furnish documents as may be required by said Depart- ment and to act as the authorized representative of the City of South Bend, Department of Redevelopment. /s/ Peter J. Nemeth Member of the Common Council A public hearing was held on this resolution at this time. Mr. Taylor explained that this resolution was just like the previous resolution except that it involved the Model Cities Code Enforcement Area. Councilman Kopczynski made a motion for adoption of the resolution, 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) 0 nays. RESOLUTION NO. 302 -72 A RESOLUTION AUTHORIZING LEASE OF AN UNUSED FIRE STATION TO A.C.T.I.O.N., INC. FOR USE AS OFFICES WHEREAS, the City of South Bend, being the owner of a vacated fire station premises described in the copy of a lease, attached hereto as hereinafter recited, and has no current use for the premises, and WHEREAS, A.C.T.I.O.N., INC., a non - profit corporation and the agency designated to administer the local anti - poverty program, desire to lease said premises for offices, for March 1, 1972 through February 28, 1973, and WHEREAS, the City of South Bend by virtue of said Lease can obtain in -kind credits toward its contribution to such program as required by the Federal Anti - Poverty Program; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION 1. Pursuant to the authority set forth in the Acts of the General Assembly for the year 1905, Chapter 129, that certain lease, entered into by and between the A.C.T.I.O.N., INC., and the City of South Bend by and through the Board of Public Works and Safety and its Mayor, on the 27th day of March, 1972, which lease is attached hereto marked Exhibit "A ", and incor- porated herein by reference to the same extent as if it were fully recited herein, is hereby approved and confirmed. /s/ Peter J. Nemeth Member of the Common Council A public hearing was held on this resolution at this time. Fire Chief Jack Bland explained to the Council that the Fire Department was reactivating old Fire Station #5 and are asking A.C.T.I.O.N. to vacate it and move their offices to the former Station #10. This resolution is approving the lease of the property to A.C.T.I.O.N. Mr. Jack O'Connell, Director of A.C.T.I.O.N., said that this is just a matter of their moving their offices to the other location. There was some discussion as to how the property should be described on the lease with some feeling that the street address of the property should appear on the lease. City Attorney Charles Sweeney explained that, while a street address may change, a legal description never changes and, for that reason, it is best to use just the legal description on the lease. Councilman Serge asked whether there are provisions in the lease for the proper maintenance of the property and Mr. Sweeney answered that there were. Councilman Szymkowiak moved for adoption of the resolution, seconded by Councilman Serge. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) 0 nays. UNFINISHED BUSINESS Councilman Parent reported to the Council on his findings in the matter of the building con- structed by Associates Family Financial Center. At the January 10 Council meeting, Miss Fanny Grunwald raised the question of whether Associates had a permit to build a two -story or a three -story building on the site and complained about employees parking on the street in the neighborhood. Investigation revealed that the site plan did call for a two -story building. Associates has leased additional parking spaces for its employees from the First Christian Church. Councilman Parent has asked that Mayor Miller follow through on this matter and on the violations that have occurred. The following letters have been sent to Mayor Miller and to City Attorney Charles Sweeney: REGULAR MEETING March 27, 1972 REGULAR MEETING - CONTINUED " March 20, 1972" Mayor Jerry Miller County -City Building South Bend, Indiana Dear Jerry: This is a follow -up letter on the Associates Family Financial Center matter brought to the attention of the City Council at its January 10, 1972 meeting by Miss Fanny Grunwald. In a letter to Mr. Charles Sweeney, City Attorney, I asked that the City Legal Department investigate Miss Grum,�ald's allegations and requested information about any actions they planned to take if it appeared that zoning ordinances were violated. Summarized below are the results of my own cursory study of Miss Grunwald's allegations. 1. The Associates Discount Corporation built a three -story building on a parcel of land zoned on the basis of a site development plan which depicted a two -story building. It is relatively common knowledge that if a petitioner wishes to make a substantive change in a site plan, such as the enlargement of a building, he "must file a new petition to rezone subject to the changed, modified or amended site development plan" and that site plan must be submitted to public hearing by the Area Plan Commission and the City Council (Municipal Code Sec. 21 -122). 2. To remedy the inadequate parking facilities which resulted from the increased floor space and staff of a three -story va a two -story building, Associates arranged to utilize the parking lot owned by the First Christian Church on the Northeast corner of Jefferson and Eddy Streets. This action appears to be in violation of the South Bend City Code which provides that approval for parking facilities that are located off the lot or parcel on which the building is located, has to be approved by the Board of Zoning Appeals and has to be on a "properly zoned lot not to exceed 500 feet from the main entrance of the building or use being served ". A written agreement of this arrangement must be filed with the application for a building permit. (Municipal Code Sec. ) Jerry, I am asking you to follow up on this matter for the following reasons: 1. There seems to be justifiable reason to believe that one or more South Bend municipal ordinances were violated; 2. The reasons behind the legal requirements for public hearings in zoning matters such as we are discussing, are to provide for the incorporation of the views and interests of the property owners affected, the representation of community values, and the inclusion of the broad community interest so that the final result will embody the attributes and characteristics deemed desirable by the community. These are very important considerations that should not be taken lightly; 3. If there are any legal problems with the present situation, it is to the interest of the Associates Family Financial Center and the parent organization to resolve them now so that desires to change ownership of the property in the future may not be hampered; 4. It is in the best interest of all parties concerned that these kinds of matters be handled with dispatch and in a public fashion. Please let me know about your findings and any necessary action before the March 27 Council meeting if that is possible. Thank you. Sincerely, /s/ Roger 0. Parent cc. Mr. Charles Sweeney, City Attorney Miss Fanny Grunwald, 227 S. Frances, South Bend, Indiana 11 REGULAR MEETING MARCH 27, 1972 UNFINISHED BUSINESS - CONTINUED January 17, 1972 " Mr. Charles Sweeney, City Attorney County -City Building South Bend, Indiana Dear Chucks At the January 10 City Council Meeting, Miss Fanny Grunwald, 227 S. Frances Street, alleged that the Associates Family Financial Center located at the Southwest corner of Eddy and Jefferson Streets is in violation of a city ordinance since the building plans approved by the City Council .depicted a two -story and not a three -story building, as was constructed. My conversations with the Area Planning Commission staff seem to indicate that Miss Grunwald's information is correct. One of the problems which has resulted from this alleged violation is the all - day -on- the - street parking on Frances Street caused as a result of the additional parking spaces necessitated by the three -story building. In other words, although a three -story building was constructed, parking spaces were provided for the staff and traffic generated by a two -story and smaller floor space building. Please look into this matter for any possible violations of the city ordinances and inform me and Miss Grunwald of your findings and any action which you may find necessary. Thank you. Sincerely, /s/ Roger 0. Parent cc. Miss Fanny Grunwald, 227 S. Frances St., South Bend 11 m Councilman Parent continued that it appears that Associates will have to repetition the Area Plan Commission and the Common Council to resolve these problems. The Mayor has met with officials of Associates and the City Legal Department to attempt to find a solution. Councilman Parent expressed the thanks of the Council to Miss Grunwald for calling this matter to their attention. NEW BUSINESS Councilman Szymkowiak expressed the view that the Council would have to be very careful in approving rezoning petitions. Many times rezoning is approved for a service station to be built, then the station is vacated and undesirable operations-allowed to continue at these sites. He mentioned two locations, one at Lincolnway West and Meade Street and another at College and Washington Streets, where this has occurred in his District. A truck - trailer operation was being conducted at one of these sites which was degrading to the neighborhood and in violation of the code. Councilman Kopczynski called attention to a junk car operation on South and Taylor Streets and asked City Attorney Charles Sweeney whether any action had been taken against this operation. Mr. Sweeney replied that this matter had been referred to the Board of Zoning Appeals for appropriate action and that possibly an injunction can be filed against this operation. A group of Girl Scouts in the audience, who had come to observe the Council in action, was asked to stand to be recognized. They were commended for their interest and invited to attend future meetings. There being no further business, unfinished or new, to come before the Council, Councilman Parent made a motion to adjourn, seconded by Councilman Kopczynski. The motion carried and the meeting adjourned at 9:30 p.m. ATTEST: n_ CITY CLERK APPROVED: