HomeMy WebLinkAbout05-22-72 Council Meeting MinutesMAY 22, 1972
REGULAR MEETING
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 22, 1972 at 8:14 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, Parent, Taylor, Kopczynski, Horvath,
Newburn and Nemeth.
ABSENT: Councilman Miller
Council President Peter Nemeth announced that Councilman Miller was out of the city on Council
business.
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 Taylor, seconded by Councilman Serge, and carried.
COMMITTEE OF THE WHOLE MEETING
Committee
om
C
th
met in e m
Be it remembered that the Common Council of the City of South Bend, Indiana Ma in e C m
of the Whole in the Council Chambers of the County -City Building on Monday, y
8:20 p.m. with eight members present. The meeting was called to order by Chairman Odell Newburn
who presided.
in view of the fact that the administration was submitting another
Councilman Nemeth said that,
ordinance, which is Item #14 on the agenda, he would move to strike the ordinance contained in
Item #lA from the records. The motion was seconded by Councilman Taylor and was carried.
Councilman Szymkowiak made a motion that the ordinance contained in Item 1B on the agenda be
referred to the Streets and Transportation acommittee of the Council for further study. The
motion was seconded by councilman
ORDINANCE AN ORDINANCE FIXING THE ANNUAL SALARIES FOR CERTAIN
PERSONNEL OF THE ENGINEERING DEPARTMENT OF THE CITY
AND APPROPRIATING THE MONIES THEREFOR, AND FOR OTHER PURPOSES
This being the time heretofore set for public bearing on the above ordinance, proponents and
opponents were given an opportunity to be heard thereon. Mr. William Richardson, Director of
Public Works, explained that, through the Department of Redevelopment Downtown Renewal program,
additional men are needed to supervise the projects in progress. The Department of Redevelopment
has funds available in their grant from the Federal Government and they have negotiated a con -
tract whereby these men will be used and the Redevelopment Department will reimburse the city for
their salary costs. The Engineering Department is asking for one additional engineer, three
engineering aides and travelling expense since these men will not have city vehicles and will be
paid mileage. These additional employees will supervise construction projects, both in the
Northeast Code Enforcement Program and the Model Cities program, do surveying, and soil and con-
crete testing which is now being done by independent testing laboratories. This will result
in savings to the city. Mrs. Frederick Mutzl, 320 Parkovash Avenue, asked Mr. Richardson if these
people have already been hired and Mr. Richardson said that they were hired in March. Mrs. Janet
Allen, 125 W. Marion St., asked who has been paying their salaries if these men were hired in
March. Mr. Richardson replied that the city had consulted with the State Tax Board and were
paying them out of the Services Personal account in the Engineering Department budget and that
that account would be reimbursed from the Department of Redevelopment. Mrs. Ann Wlodarski,
1869 Riverside Drive, and Mr. Roman Kowalski, 819 Birchway, both said that they were opposed to
any appropriation that would increase the property tax rate. Mr. Richardson replied that the
city would save up to 7/ in costs necessitated by hiring private firms and contractors to do the
work that these additional men will do. Councilman Parent said that the salaries involved would
be paid out of federal funds and would not put any additional burden on the property tax.
Councilman Kopczynski said that it was his understanding that this would permit better use of the
Engineering staff and provide for better coordinated programs. Councilman Szymkowiak made a
motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski, and
carried.
ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS
OF SOUTH BEND, INDIANA CERTAIN LAND. (18369 State Road 23)
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. James Roemer, Attorney for the
petitioners, said that the property in question is owned by the Northwestern Mutual Life Insur-
ance Company. At present there is an abandoned gas station on the property. The windows are
boarded up and weeds have grown up around it. It is hoped that the property can be used for a
retail package liquor store. The building would be renovated and the grounds landscaped. The
lot'is surrounded on three sides by the city and the petitioners are requesting that they be
allowed the right and privilege of joining the South Bend community through this annexation.
They would be adding to the tax base of the city and, by improving this property, would increase
REGULAR MEETING MAY 22, 1972
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
the property values in the area. Councilman Szymkowiak questioned the attorney and the
petitioner about the exact area to be annexed as he said the map of the proposed annexation was
not clear. Mr. Roemer and City Attorney Charles Sweeney explained which land was involved and
asked the Councilmen to use the legal description in the ordinance to determine the area in
question. Councilman Parent said that this was a matter of annexation alone and that the Area
Plan Commission and the Common Council would act on the petition to rezone and the site plan sub-
mitted with the petition. Councilman Parent made a motion that the ordinance go to the Council
as favorable, seconded by Councilman Taylor, and the motion carried.
There being no further business to be considered before the Committee of the Whole, Councilman
Taylor made a motion to rise and report to the Council, seconded by several, and the motion
carried. Time 9:02 p.m.
REGULAR MEETING - RECONVENED
Be it remembered that the Common Council of
Council Chambers in the County -City Building
dent Peter J. Nemeth presiding.
REPORT OF THE COMMITTEE ON MINUTES
the City of South Bend, Indiana reconvened in the
on Monday, May 22, 1972 at 9:03 p.m., Council Presi-
Your committee on the inspection and supervision of minutes would respectfully report that they
have inspected the minutes of the May 8, 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
Upon motion made by Councilman Serge, seconded by Councilman Horvath, and carried the report was
accepted as read and placed on file.
CITIZENS REQUESTS - MISCELLANEOUS MATTERS
Miss Fanny Grunwald, 227 S. Frances Street, called to the attention of the Council that a group
representing area paraplegics had asked that all buildings and curbs be accessible to handicapped
people. She said that some of the new curbs are high and asked why this had not been done.
Mr. William Richardson, Director of Public Works, said that it had been agreed that the downtown
renewal projects would have ramps at intersections. However, it was too late to incorporate this
into the contract work begun last fall. The new construction in the downtown area will have
ramps. The Building Department has been instructed to put into effect the provisions of the
State Building Code which call for vertical and horizontal clearance in all public buildings.
Miss Grunwald asked if ramps would be installed where the new curbs have already been put in and
Mr. Richardson said that would have to depend on whether there was available money.
Mr. Roman Kowalski, 802 Birchwood, called the attention of the Council to the deplorable condition
of railroad crossings in the city, particularly on Walnut Street, between Huron and Ford Streets.
Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, said that, at the
meeting of the Board of Public Works and Safety today, the Traffic Bureau had presented a detailed
report on the condition of railroad crossings in the city.
REPORT FROM AREA PLAN COMMISSION
City Clerk Irene K. Gammon read a report from the Area Plan Commission as follows:
Q
May 17, 1972 if
The Honorable Common Council
City of South Bend
County -City Building
South Bend, Indiana 46601
In Re: A proposed ordinance and site development plan of James P. Locker,
to zone from "A" Residential and "A Height and Area to "C -1"
Commercial and "B" Height and Area, property located at 18401
State Route 23, South Bend, Indiana, as tabled April 18, 1972
and
A proposed ordinance and site development plan of James P. Locker
(Jack Young) to zone from "A" Residential and "A" Height and Area
to "C -1" Commercial and "B" Height and Area, property located at
18343 State Route 23, South Bend, Indiana, as tabled April 18, 1972.
Gentlemen:
The attached zoning petitions of James P. Locker were legally advertised
May 6, 1972 and May 13, 1972. The Area Plan Commission gave them public
hearing May 16, 1972 at which time the following action was taken:
"Upon motion by Kenneth Woods that the Commission recommend
these petitions of James P. Locker favorably, being seconded
by William Richardson and unanimously carried, these petitions
are favorably recommended to the Common Council of the City of
South Bend."
The deliberations of the Area Plan Commission and points considered in
arriving at the above decision are shown in excerpts of the minutes and
will be forwarded to you at a later date to be made a part of this report.
HB:lad
Encl.
Very truly yours,
/s/ Howard Bellinger
Howard Bellinger, Executive Director
1111
REGULAR MEETING MAY 22, 1972
REPORT FROM AREA PLAN COMMISSION (CONTINUED)
Councilman Newburn made a motion that the ordinances referred to in the Area Plan report be set
for public hearing on June 12, 1972. Councilman Parent seconded the motion and it carried.
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 Kopczynski. The motion carried
unanimously.
ORDINANCES, THIRD READING
ORDINANCE NO. 5392 -72
AN ORDINANCE FIXING THE ANNUAL SALARIES FOR CERTAIN
PERSONNEL OF THE ENGINEERING DEPARTMENT OF THE CITY
AND APPROPRIATING THE MONIES THEREFOR, AND FOR OTHER
RELATED PURPOSES
This Ordinance was given third reading. Councilman Szymkowiak made a motion for adoption of the
ordinance, seconded by Councilman Taylor. The ordinance passed by a roll call vote of eight
ayes (Councilmen Serge, Szymkowiak, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth)
one absent (Councilman Miller).
ORDINANCE NO. 5393 -72 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY
LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND (18369 State
Road #23)
This Ordinance was given third reading. Councilman Kopczynski made a motion for adoption of the
ordinance, seconded by Councilman Horvath. The ordinance passed by a roll call vote of seven
ayes (Councilmen Serge, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) one nay
(Councilman Szymkowiak) and one absent (Councilman Miller). Councilman Szymkowiak explained that
he was casting a nay vote because he felt the map did not clearly indicate the property to be
annexed.
RESOLUTIONS
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND APPROVING THE THIRD YEAR OF THE CITY OF SOUTH BEND
COMPREHENSIVE DEMONSTRATION PROGRAM AND AUTHORIZING THE
EXECUTION OF A GRANT AGREEMENT WITH THE UNITED STATES OF AMERICA
WHEREAS, the City of South Bend desires to continue to carry out a comprehensive city-:demon-
stration program (herein referred to as the "Program ", attached hereto and made a part hereof)
with the Federal financial assistance under Title 1 of the Demonstration Cities and Metropolitan
Development Act of 1966 (herein called "Act "; and
WHEREAS, the Act requires local governing body approval of the Program as a condition for
eligibility for assistance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that:
SECTION 1. The Program, including the projects and activities set forth in the grant agreement,
is hereby approved.
SECTION II. The Mayor of the City of South Bend, Indiana, Jerry J. Miller, is hereby authorized
to execute a grant agreement with the United States of America and to do all things necessary in
order to carry out the Program including the submission of such reports, certifications and
other material as the Secretary of Housing and Urban Development shall require.
SECTION III. The Common Council of the City of South Bend assumes full responsibility for assur-
ing that all grant funds will be used in an economical and efficient manner in carrying out the
Program and assures the necessary non - federal share of the cost of the Program Administration.
SECTION IV. The South Bend Director of Administration, James V. Barcome, or his successor or
delegate may do all things required to be done in order to obtain payment of the grant, including
but not limited to the selection of a commercial bank to receive payment vouchers, the submission
of signature specimens, and the filing of requests for payment.
SECTION V. This Resolution shall be in force and effect immediately upon its passage by the
Common Council of the City of South Bend, Indiana.
/s/ Odell Newburn
Member of the Common Council
Councilman Parent made a motion that the Public Hearing on this resolution be postponed until
June 12, 1972 in order that a consensus of opinion might be reached. He said that he thought
perhaps if they had a little more time, some of the differences among the MNPA members might be
resolved and they could reach agreement, since the MNPA members have not voted on the plan yet.
Council President Nemeth asked the City Attorney whether such a motion was in order at this time.
Mr. Sweeney replied that he thought such a motion was in order but it would need a second and
that perhaps the motion was not clear. Councilman Parent then restated his motion that the
Public Hearing on this resolution be continued until the June 12, 1972 meeting of the Common
Council. Councilman Szymkowiak seconded the motion. Council President Nemeth called for a
roll call vote on this motion. The motion failed by a vote of four ayes (Councilmen Serge,
Szymkowiak, Parent, and Newburn) four nays (Councilman Taylor, Kopczynski, Horvath and Nemeth),
one absent. A public hearing was held on the resolution at this time. Mr. Charles Lennon,
Executive Director of the Model Cities Program, said that the request that the Council consider
the recommendation at this time was based on the fact that the fiscal year of the Federal Govern -
ment ends on the last day of June, 1972. It is requested that the third year plan be sent in to
THUD 90 days before the end of the contract, July 31st, 1972. Appropriations through HUD cannot
be made until after our contract year begins. There are unexpended monies in this year's budget.
Mr. Lennon said that HUD has, in effect, said if you assist us by getting your plan in early, we
will assist you by funding your third year plan before the fiscal year ends. When the plan is
submitted, HUD will accept or reject it, approving some programs and withholding contract agree-
ment on other programs. Councilman Parent asked Mr. Newburn and Mr. Lennon if they could say how
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REGULAR MEETING
MAY 22, 1972
45
RESOLUTIONS (CONTINUED)
The regular meeting of the Common Council reconvened at 11:10 p.m. Councilman Parent said that,
in order to give the Model Cities staff time to get more citizen participation in the planning
and come to an agreement, he would like to make a motion that this regular meeting of the
Common Council be continued to May 30th, 1972, starting with the Council portion of this public
hearing. The motion was seconded by Councilman Kopczynski, and the motion carried with the
meeting adjourned until Tuesday, May 30, 1972.
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