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HomeMy WebLinkAbout05-08-72 Council Meeting Minutes2 REGULAR MEETING MAY 8, 1972 MAY 8, 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, May 8, 1972 at 8:05 p.m. The meeting was called to order by President Peter J. Nemeth and the Pledge of Allegiance to the flag was given. ROLL CALL 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. 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, May 8, 1972 at 8:06 p.m. with nine members present. The meeting was called to order by Chairman Odell Newburn who presided. 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. (Indiana Avenue and Leer Street) 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. Joseph A. Roper, 107 North Eddy St., Attorney for the petitioners, Dr. and Mrs. Reed of Mishawaka, spoke for the ordinance. He said that the rezoning involves four lots. A Montessori School is presently being operated at the location for children aged three to five. Plans are to expand the operation to include children from six through nine. The petitioners are asking that the Council change the zoning from A Residential to B Residential. Plans are to use the first floors of the existing residences on the lots for the school expansion. Suggested changes in the site development plan have been complied with. There will be a parking area in the rear and the drop -off area for students will be in the alley on the property not from the street. Other residents of the area know about the proposed rezoning and there has not been opposition from them. Councilman Szymkowiak asked if the buildings in question are one -story or two - story. Mr. Roper said that one of the buildings is one -story and the other three are two - story, but only the first floor of each building will be used. Councilman Szymkowiak asked whether fire escapes will be installed on these buildings. Mr. Roper replied that they would consult with the Fire Department and do whatever is recommended. Councilman Nemeth asked what the total enrollment of the school is and what the projected enroll- ment will be. Mr. Roper said that there are 35 students now and plans are for a total enrollment of 60. Mr. Roper also commented that they are contemplating another building on the site but not at this time. Councilman Horvath asked if the lots involved are on Indiana Avenue. Mr. Roper answered that they are on Leer Street but that access to the school will be from the rear alley, in compliance with suggestions by the Area Plan Commission. Councilman Serge made a motion that the ordinance go to the Council as favorable. Seconded by Councilman Kopczynski. Motion carried. ORDINANCE AN ORDINANCE PROVIDING FOR A CUMULATIVE BUILDING AND EQUIPMENT FUND AND AUTHORIZING LEASE- PURCHASE AGREEMENTS FOR FIRE - FIGHTING EQUIPMENT, 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 thereon. Mr. Kevin Butler, Deputy City Attorney, said that, in explanation of the Ordinance before the Council, state law authorizes the estab- lishment of a cumulative fund within the Treasury of the City of South Bend for the purchase of police radios and for the purchase of fire- fighting equipment and construction of buildings. It also authorizes money for lease - purchase of fire - fighting equipment. The state law further authorizes a tax levy on the assessed property not to exceed 104� per hundred dollars of assessed valuation. The original approach was to purchase six pieces of fire - fighting equipment now, with payment to be made over a six year period, with a tax levy of 2� per year based on last year's assessment. It is now thought the program can be accelerated. The City Controller is reviewing revenue projects over the next six years to determine whether accelerated payments could be made and also to determine if the lease - purchase program could be accelerated. The administration is asking that this hearing be continued for two weeks so that the City Controller can make this determination. At that time, Chief Bland will present his case on the need and the matter of funding. Councilman Taylor moved that the hearing be continued until May 22, 1972. The - motion was seconded by Councilman Horvath and carried. There being no further Newburn entertained a seconded by Councilman ATTEST: business to be considered before the Committee of the Whole, Chairman motion to rise and report to the Council, so moved by Councilman Parent, Taylor, and carried. Time 8:20 p.m. CITY CLERK REGULAR MEETING - RECONVENED Be it remembered that the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers in the County -City Building on Monday, May 8, 1972 at 8:22 p.m., Council President Peter J. Nemeth presiding. REGULAR MEETING IIREPORT OF THE COMMITTEE ON MINUTES MAY 8, 1972 Your committee on the inspection and supervision of minutes would respectfully report that they have inspected the minutes of the May 1, 1972 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 ICouncil President Nemeth asked consent of the Council to accept the report to be placed on file without a vote. Consent granted. 1ICITIZENS REQUESTS - MISCELLANEOUS MATTERS Mrs. Ann Wlodarski, 1869 Riverside Drive, asked the Council about the matter of Associates Family Center being in violation of the zoning ordinance, having constructed a three -story building when the plans submitted and approved were for a two -story building. Councilman Parent said that he has been in contact with the Mayor, the Legal Department, and Associates in regard to this matter. He said that he felt Associates would have to repetition the Common Council and the Area Plan Commission and perhaps the Board of Zoning Appeals on this matter. This would involve . new public hearings on the question. Mrs. Wlodarski also said she was interested to read in the Tribune that funds totaling $4000 had been found to build a tot lot. She said it appears the city can always find funds for things it wants to do and suggested that perhaps departments are being overbudgeted if this is the case. Mr. James Seitz, Superintendent of the Park Department, said the story in the paper was misleading. The funds were not found, but are from a $700 budgeted item for play- ground equipment and gifts from the Rotary Club and other clubs. Mr. Seitz then spoke about the proposed ski slope at Rum Village Park. He said that a large number of interested citizens attended the Park Board meeting held this afternoon and that the Park Board gained much valuable input from the people at the meeting. He said the problem is the Park Department needs more money for land acquisition. They favor the idea of a ski area, but perhaps not in Rum Village Park, one of the last natural forests. Councilman Newburn asked Mr. Seitz if the development of a ski area with Park Department funds would delay the Linden School Park project. Mr. Seitz said that it would not affect the Linden project. Councilman Kopczynski asked Mr. Seitz if any good trees were cut down in Rum Village or just diseased trees and if a qualified professional determined this. Mr. Seitz said that just a few trees were removed and they were diseased. The man in charge is not a professional but has been with the Park Department for many years and knows his work. The lumber from the trees cut down is being used in the Park Department garage for signs such as were recently made for the Fire Department. Councilman Horvat] asked Mr. Seitz if he could assure the people that the ski slope proposed would not go into Rum Village Park. Mr. Seitz said that he could not make such a statement. The Park Board will re- view the situation and make a decision. Councilman Horvath said that he had received calls from a lot of people opposed_ to any changes in Rum Village Park and that the Park Board should take into consideration the views expressed by the people who attended the meeting. Mr. Joe Nagy, 1209 W. Indiana Avenue, asked if the Park Department would be cutting any trees while they are deciding about the project. Mr. Seitz said that they would not. Mr. Joe Szekendi, 2025 Prairie Avenue, asked that Rum Village be preserved. Mrs. Wlodarski asked Mr. Seitz if it would be neces- sary to purchase a snow - making machine if the ski slope is built and, if so, how much of the year such a machine would actually be used. Mr. Seitz said that it would probably be necessary to purchase such a machine if plans for a ski slope are developed but he could not say how much it would be used. Mrs. Velma Torzewski, 1802 Douglas Street, said that she is a lifelong resident of the Rum Village area and asked that the park be preserved in its natural state. She called the area a historical landmark, said that a large variety of wildflowers grow in the park, that it is almost maintenance free and should be kept so that the children of the city can continue to enjoy it. Others who spoke in opposition to any more tree cutting or changes in Rum Village Park were Joseph Karsas, 1033 W. Ewing Avenue; Jeff Derda, 2205 S. Carlisle St.; Mrs. Lee Swan, 2022 Swygart St.; and Mrs. Phyllis Raccasi, 525 S. 20th St. Councilman Parent said that he thought there were two issues involved. One is the problem of keeping the people informed as to what is going on. The second is preservation and /or recreation. Mr. Ernest Bramberg, 2126 S. Morris, asked about the consultant's fees paid out on this project if it should be stopped. Mr. Seitz said that the project has not been dissolved and the Park Board could use the consultant information in another area. Mrs. Delores Kovas, 608 Park Avenue, asked Mr. Seitz if the Bendix Woods ski area is inadequate. Mr. Seitz replied that it is being used to capacity on week -ends and is inadequate. He said there is a need for more winter sports activities in the city. 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 Horvath, and carried by unanimous vote. ORDINANCES, THIRD READING ORDINANCE NO. 5391 -72 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. (Indiana Avenue and Leer St.) This Ordinance was given third reading. Councilman Taylor made a motion for passage of the ordinance, seconded by Councilman Parent. The Ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). 0 Nays. UNFINISHED BUSINESS Council President Nemeth said that an Ordinance creating the position of Public Safety Director had been referred to the Ways and Means Committee of the Council and that this ordinance should now be stricken from the files. Councilman Parent made a motion that the Ordinance creating the position of Public Safety Director be stricken from the Council files, seconded by Councilman Taylor, and carried. REGULAR MEETING MAY 8, 1972 There being no further business, unfinished or new, to come before the Council, Councilman Taylor made a motion to adjourn, seconded by Councilman Kopczynski. The motion carried and the meeting adjourned at 8:55 p.m. ATTEST: 4-zl `e' CITY CLERK s APPROVED: IDENT M