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HomeMy WebLinkAbout09-11-72 Council Meeting Minutes- h.- h- F-- F- F- t-- t-- h- t-- t-- h- f-- h- h- h- I-- F- h-l-- h- 1-- t-- f- i--{-- i-- F-- 1-- t-- I-.- I-.- f-- h+- 4-- h.+.- h- t--l-- h+- h-}-- F-- t-- 1-- h- F- h- 1-- h- h- i-- I-- F- f-- h- H- .- F- h-1--h-1--h-I--h-f--h-t--1--h-I ....-t--I--1--F-.. SEPTEMBER 11, 1972 REGULAR MEETING Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers on Monday, September 11, 1972 at 8:00 P.M. The meeting was called to order by President Peter J. Nemeth and the Pledge of Allegiance to the flag was given. RESOLVE INTO THE COMMITTEE OF THE WHOLE Councilman Taylor made a motion that the Council resolve into the Committee of the Whole, seconded by Councilman Parent. Motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of SouthBend, Indiana met in the Committee of the Whole in the Council Chambers of the County -City Building at 8:07 p.m. with nine members present. The meeting was called to order by Chairman Odell Newburn who presided. ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE, TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO PETROCHEM AUTOMOTOVE CORPORATION. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, introduced two members of the Commission who were in the audience, Mr. Karl King and Mr. Walter Mucha. He then introduced Mr. Kevin Butler, Attorney for Petrochem, who made the presentation for the ordinance. Mr. Butler said that a presentation was made to the Council on this matter when the Resolution involving Petrochem was before them. This plant makes compressed air containers and will be moving their operation here from Elgin, Illinois within the next two months. When their expansion is complete, they will employ 15 to 25 persons in the immediate area, which is near the Model Cities Merry Avenue project. A mini -park is planned for a lot across the street from the proposed site, which is at the corner of Lawton and Fremont Streets. Mr. Kinnucan, owner of the land, will be negotiating with the city within the very near future in regard to the park. Councilman Kopczynski asked Mr. Butler whether any of money involved in the Economic Development bonds would be used for the park and Mr. Butler said it would not. Councilman Szymkowiak moved that the ordinance go to the Council as favorable, seconded by Councilman Serge. Motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -14, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, OF 1963, ALSO KNOWN AS ORDINANCE NUMBER 3702 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Northwest Corner of Ironwood Drive and Fox Street) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Bruce Stewart, Attorney for the petitioners, Mr. & Mrs. Lavan Koher and Dr. F. Dale Nelson, made the presentation for the ordinance. Mr. Stewart displayed a chart showing the location of the property. This lot is in an area of single residences, with a church, a service station and other commercial enterprises in the vicinity. Dr. Nelson proposes to build a 26 x 50 foot brick and glass structure to be used as his medical office. The site provides for five parking spaces which is the required number. However, should additional parking be required, arrangements could be made with the nearby church to use parking space there. Dr. Nelson is a resident of the area. It is a neighborhood with a large number of retired people and of a character that has a need for a medical practitioner nearby. Mr. Douglas Carpenter, of the Area Plan Commission, said that the Plan Commission gave the petition an un- favorable recommendation because this is a single family residential area. They felt the property in question was too small for this use and that the building, as proposed, was not properly set back from Ironwood in the light of future expansion of Ironwood sa a primary North - South road. Councilman Nemeth asked Mr. Carpenter if the building could be set back far enough so that it would not interfere with future widening of the street. Mr. Carpenter said that if they did set it back, they would lose one parking space. Councilman Nemeth asked Mr. Stewart if he could give a figure on the value of improvements on the property and the tax benefit to the community. Mr. Stewart said that he did not have those figures but that the building would cost approximately $36,000. Councilman Taylor asked Mr. Stewart if there were any remonstrators at the Area Plan Commission hearing on this rezoning. Mr. Stewart said that there were none and that they have contacted a number of people who live in the area and have received unfavorable comments. Councilman Taylor asked if there was anyone in the audience who was oppo sed to this rezoning. There was no one. .Councilman Miller asked Mr. William Richardson, Director of Public Works, when the expansion of Ironwood in this area might take place. Mr. Richardson said that the project presently being undertaken will stop at Ewing Avenue and that future expansion would be some years from now. Councilman Nemeth said that if the expansion of Ironwood was five to ten years in the future, it would not seem practical to let the lot stand vacant when it could be REGULAR MEETING SEPTEMBER 11. 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) providing tax money to the city if the rezoning is allowed. Mr. Carpenter said that commercial zoning causes deterioration of residential neighborhoods as does spot zoning. Councilman Miller said that the ordinance is asking for "B" Residential zoning and not for "C" Commercial zoning. He then made a motion that the ordinance go to the Council as favorable. Seconded by Councilman Kopczynski. Councilman Parent then moved to amend the motion that the ordinance go to the Council as favorable by adding "subject to the approval of a final site plan ". Councilman Nemeth raised a point of order and asked City Attorney Charles A. Sweeney, Jr. whether such an amendment was necessary. Mr. Sweeney said that, when the Council overrules a recommendation from the Area Plan Commission, such favorable recommendation is subject to a review of the final site plan. He said he would prefer that it be made a part of the motion so that there be no misunder- standing between the parties involved. Councilman Taylor seconded the motion to amend and it carried. The chair then called for a vote on Councilman Miller's motion that the ordinance go to the Council as favorable and 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, CHAPTER 40, MUNICIPAL CODE. (Ireland Road Between U. S. 31 and Fellows St.) This being the time heretofore set for public hearing on this ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Jack C. Dunfee, Jr , Attorney, spoke for the petitioners, Associated Bancorp, Inc. He said that Associates is planning to build four family financial centers, two of which are before the Council tonight for rezoning. The structures planned will be colonial style architecture and built of brick. Each building will have only three employees. Off - street parking will be provided and the increase in the traffic load in the area will be a fraction of one per cent. The site referred to in this ordinance is on the North Side of Ireland Road, across from the entrance to K -Mart. This area is becoming heavily commercial. The rezoning was unanimously approved by the Area Plan Commission. There were no remonstrators at the Area Plan hearing. Councilman Taylor said that he wanted to point out that there has been a great deal of difficulty in the past with zonings in this area so he took a special interest in this petition and talked with several of the residents. The people he talked with are not at all against the Associates location. This represents a comprehensive planning effort by everyone concerned. Councilman Horvath said that he questioned whether this rezoning was advisable because the area is heavily congested now and this might be adding to the traffic problems that already exist. Mr. Dunfee said that the Associates center would bring a minimal amount of traffic into the area. Councilman Taylor made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. 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 40, MUNICIPAL CODE) (Lincolnway West, Between Wellington and Kenmore) 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. Jack C. Dunfee, Jr., Attorney spoke for the petitioners, explained that this ordinance pertains to the second site for an Associates Family Financial Center to be located on Lincolnway West, an equal distance between Bendix Drive on the East and Sheridan Street on the West. Mr. Dunfee displayed a chart and photographs of the proposed structure. This area is rapidly becoming a business and commercial area. The building would be a brick colonial residence style and the wooded area on Elwood to the back of the property would be retained, with the idea of selling that lot for a single family residence. The Area Plan Commission gave the rezoning a favorable recommendation and there were no remonstrators at the hearing. Councilman Szymkowiak questioned Mr. Dunfee about the traffic pattern and Mr. Dunfee said that the entrance and exit would be on Lincolnway with no access to Elwood. Councilman Parent moved that the ordinance go to the Council as favorable, seconded by Councilman Taylor. Motion 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. (413 N. Sommers Street) This being the time heretofore set for public hearing on the above ordim nce, proponents and opponents were given an opportunity to be heard thereon. Mr. George Herendeen, Attorney, spoke for the ordinance. He said the petitioners were asking the Council to make one change in the reference to Height and Area District. They have requested A Height and Area and would now like this changed to F Height and Area. The petition is in behalf of Hoffman Brothers, an established business in the community. This rezoning would allow for expansion of the present facility for more warehouse and storage facilities. There would be no additional traffic and no additional employees. The building to be constructed would be of steel and concrete block. The Area Plan Commission recommended the rezoning favorably. Councilman Nemeth asked the value of the building on the property tax rate. Mr. Herendeen said the building will cost $50,000. Councilman Nemeth made a motion to amend the ordinance in Section 1, to read "from A Residence District to C Com- mercial District and from A Height and Area District to F Height and Area District." Councilman Parent seconded the motion and it carried. Councilman Taylor made a motion that the ordinance go to the Council as favorable as amended. Seconded by Councilman Kopczynski 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. (DOWNTOWN RENEWAL AREA A) 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, Attorney for the Department of Redevelopment, said that if the Council agreed, Items 3F and 3G could be heard at the same time, since both ordinances are concerned with the rezoning of the downtown area. The Council gave consent and the hearing was held on both ordinances. Mr. Butler explained that there are, at present, four use districts and four height and area districts in the downtown area. They are proposing that there be two classifications in the downtown renewal area; one would be "C" Commercial and one "B" Residential, and the entire area would be "G" Height and Area District. REGULAR MEETING SEPTEMBER 11, 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Mr. Butler displayed a map showing which area would be zoned Commercial and which Residential. The ordinances would cover all of the R -66 Downtown Renewal Area, with the exception of the new Post Office site which was rezoned earlier. These rezonings have been approved by the Area Plan Commission and are consistent with the land use plan. Mr. Butler respectfully requested that the ordinances be adopted by the Council. Councilman Nemeth made a motion that the Ordinance con- tained in Item 3F go to the Council as Favorable, seconded by Councilman Taylor. Motion 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. (Downtown Renewal Area B) This ordinance having had public hearing at the same time as the previous ordinance, Councilman Nemeth made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. 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 40, MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. (211 -217 W. Chippewa) This being the time heretofore set for public hearing on this ordinance, proponents and opponents were given an opportunity to be heard thereon. Dr. David Frey, 217 W. Chippewa, has a veterinary office at this location. He would like to build a new clinic on the site, west of the existing building and then use the space where the old building is now located for off - street parking. The present building is located near the Chippewa Bowling Lanes and across the street from the Interstate Glass Company. The Area Plan Commission made a favorable recommendation. The area is presently zoned heavy industrial and the request is for C Commercial. Councilman Nemeth asked if -it were necessary to change the zoning from industrial to build a clinic. Mr. Carpenter said that this was a lesser use of the land and that zoning classifications do not permit all uses in separate areas. Councilman Taylor made a motion that the ordinance go to the Council as favorable, seconded by Councilman Horvath. Motion carried. There being no further business to come before the Committee of the Whole, Councilman Taylor made a motion to rise and report to the Council, seconded by Councilman Parent. Motion carried. ATTESTS CITY CLERK Be it remembered that the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers of the County -City Building on Monday, September 11, 1972 at 9:15 p.m., Council President Peter J. Nemeth presiding. 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 August 28, 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 Taylor, seconded by Councilman Parent and carried, the report was accepted as read and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mrs. Frederick Mutzl, 320 Parkovash, a member of the Fair Tax Association, read a letter which had been sent to all the Councilmen regarding cleaning of the city by private haulers. PETITIONS 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 the City of South. Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property to be rezoned is located at the Northeast Corner of Main Street and Ireland Rd. 2. The property is owned by James C. Ford and Naomi J. Ford. 3. A legal description of the property is as follows: Part of the West Half of the Northwest Quarter of Section 25, Township 37 North, Range 2 East, more particularly described as follows, vi Beginning at a point 20 feet North and 390 Feet East of the Southwest corner of the Northwest Quarter of said Section 25; thence running Northeasterly 200 feet; thence East 50 feet; thence Southwesterly parallel with the Easterly line of Main Street 200 feet; thence West 50 feet to the place of beginning, in St. Joseph County, Indiana. Subject to legal highways. Also, a part of the Southwest Quarter of the Northwest Quarter in Section 25, Township 37 North, Range 2 East, being part of Lots 13, 14 and 16 in Byers Proposed Plat in Center Township, St. Joseph County, Indiana, described as beginning at a point 20 feet North and 443 feet East of the Southwest corner of the Northwest quarter of said Section 25 (which point is on the North line of Ireland Road 50 feet East of the East line of Main Street); thence North 40 50' East parallel with and 50 feet East of the Easterly line of Main Street a distance of 200 feet; thence East 50 feet; thence South 40 50' West parallel with and 100 feet Easterly from the Easterly line of Main Street a distance of 50 feet; thence East parallel with the North line of Ireland Road 6 feet; thence REGULAR MEETING PETITION TO AMEND ZONING ORDINANCE (CONTINUED) SEPTEMBER 11, 1972 South 40 50' West parallel with the Easterly line of Main Street 14 feet; thence East 15 feet parallel with the North line of Ireland Road;thence South 40 50' West 136 feet parallel with the Easterly line of Main Street; thence West 71 feet along the North Line of Ireland Road to the place of beginning, excepting therefrom a triangular shaped piece of land described as beginning at a point 20 feet North and 514 feet East of the Southwest corner of said Northwest quarter of Section 25 (which point is on the North line of Ireland Road 121 feet East of the East line of Main Street) running thence North 40 50 minutes East a distance of 136 feet; thence, Wes a distance of 5 feet; thence Southerly in a straight line to the place of beginning, being a par of said Lot Numbered 13. 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 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 building) will be constructed: A restaurant - one 40 x 70 building to be constructed. 6. Number of off - street parking spaces to be provided: 30 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 C. Ford /s/ Naomi J. Ford Signature of Petitioners 20712 Johnson Road Petition Prepared by: Engineering Planning Services, Inc. Councilman Taylor made a motion that this petition be referred to the Area Plan Commission for their recommendation, seconded by Councilman Kopczynski, and 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 hereinafter 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, 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, St. Joseph County, more par- ticularly 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 distanc 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 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 build- ing (s) 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 parking spaces. 7. Attached is a copy of a) 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 Signature of Petitioner 1025 West 11th Street Mishawaka, Indiana 46544 Petition Prepared by: William E. Voor, Jr., Attorney at Law Councilman Taylor made a motion that this petition be referred to the Area Plan Commission for their recommendation, seconded by Councilman Kopczynski and carried. PETITION TO AMEND ZONING ORDINANCE I, 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, Indiana 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 property south of 3012 East Edison Road, South Bend, Indiana. 2. The property is owned by Calvary Pentecostal Church, Inc. REGULAR MEETING SEPTEMBER 11, 1972 PETITION TO AMEND ZONING ORDINANCE (CONTINUED) 3. A legal description of the property is as follows: A part of the South Half of the North- east Quarter of Section 5, Township 37 North, Range 3 East located in the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at a point on the North and South centerline of said Section 5, 949.88 feet on an assumed bearing of North 00 10' 26" West of the Southwest corner of said Northeast Quarter, said point being on the North line of Hope Avenue as shown on the recorded plat of Edison Park Addition; thence North 890 49' 34" East, 150 feet to the point of curvature of a curve with a deflection angle of 34038' to the left and a radius of 231.59 feet; thence Northeasterly along said curve, 139.99 feet, arc measurement, to the point of tangency; thence North 550 11' 34" East, 271.01 feet to the point of curvature of a curve with a deflection angle of 34029104" to the right and a radius of 308.45 feet; thence Easterly along said curve, 185.64 feet, arc measurement to the point of tangency, said point being on the West line of the recorded plat of McKinley Terrace Addition, Section "B" thence North 0019122" West along said West line of McKinley Terrace Addition Section "B 102.47 feet; thence South 890 22134" west, 678.85 feet to the North and South centerline of said Section 5. thence South 0010126" East along said North and South centerline, 346.86 feet to the place of beginning, containing 3.875 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 remodeled: Existing house will be remodeled into two unit apartments. In addition, we will construct 16 two - bedroom townhouse units, 14 two bedroom apartments, 34 one bedroom apart- ments, all of which are to be housed in five buildings, consisting of two 2 -story townhouse buildings and three 212-story apartment buildings. 6. Number of off - street parking spaces to be provided: One hundred and four. 7. Attached is a copy of a) 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. CALVARY PENTECOSTAL CHURCH, INC. BY: Rev. Carl McKellar SIGNATURE OF PETITIONERS c/o George P. Roberts 811 J.M.S. Building South Bend, Indiana 46601 Petition Prepared by: George P. Roberts Councilman Taylor made a motion that this petition be referred to the Area Plan Commission for their recommendation, seconded by Councilman Kopczynski and carried. REPORT OF THE COMMITTEE OF THE WHOLE Councilman Taylor made a motion that the reading of the Committee of the Whole report be waived, seconded by Councilman Kopczynski. The motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5422 -72 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE, TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO PETROCHEM AUTOMOTIVE CORPORATION This ordinance was given third reading. Councilman Serge made a motion that the ordinance be passed, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor; Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5423 -72 AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, OF 1973, ALSO KNOWN AS ORDINANCE NO. 3702 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (N.W. Corner of Ironwood and Fox) This ordinance was given third reading. Councilman Taylor made a motion that the ordinance be passed as amended. Councilman Kopczynski seconded the motion and it passed by :�a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5424 -72 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) (Ireland Road, Between U.S. 31 and Fellows) This ordinance was given third reading. Councilman Serge made a motion that the ordinance be passed, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) one nay (Councilman Horvath). ORDINANCE NO. 5425 -72 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) (North Side of Lincolnway West Between Wellington and Kenmore) This ordinance was given third reading. Councilman Szymkowiak made a motion for passage of the ordinance, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING SEPTEMBER 11, 1972 ORDINANCES, THIRD READING (CONTINUED) ORDINANCE NO. 5426 -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 (413 N. Sommers Street) This ordinance was given third reading. Councilman Kopczynski made a motion that the ordinance be passed as amended. Seconded by Councilman Parent. The a3Minance was passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5427 -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 AS AMENDED (DOWNTOWN RENEWAL AREA A) This Ordinance had third reading. Councilman Taylor made a motion that the ordinance be passed, seconded by Councilman Szymkowiak. The ordinance was passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5428 -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 AS AMENDED. (DOWNTOWN RENEWAL AREA B. This Ordinance had third reading. Councilman Parent made a motion for passage of the ordinance, seconded by Councilman Szymkowiak. The ordinance passed -by a roll call vote of nine ayes (Councilmen Serge,Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5429 -72 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 OF THE CITY OF SOUTH BEND, INDIANA. (211 -217 W. Chippewa) This Ordinance had third reading. Councilman Kopczynski made a motion that the ordinance pass, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Council Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Councilman Szymkowiak moved for a short recess, seconded by Councilman Horvath. The motion car- ried and the meeting recessed at 9:30 p.m. The regular meeting reconvened at 9:45 p.m. RESOLUTIONS RESOLUTION NO. 326_ -72 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $140,000.00 IN ACCOUNT NO. 261 "SERVICES CONTRACTUAL ", AND THE TRANSFER OF SAID SUM FROM ACCOUNT NO. 73 "PROPERTIES BOTH ACCOUNTS BEING WITHIN THE CUMULATIVE CAPITAL IMPROVEMENT FUND. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so that it is now necessary to appropriate more money than was appropriated in the annual budget for the various functions of City Government to meet such extraordinary conditions; and WHEREAS, it has been ascertained that a certain account in the Cumulative Capital Improvement Fund budget has money which will not be needed at this time for the purposes for which it was appropriated, NOW, THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana: SECTION I. That for the Civil City of South Bend's share of improvements in the North East Code Enforcement Project E -3, the following additional sum of money is hereby appropriated and set apart out of the Cumulative Capital Improvement Fund: Account No. Classification 261 Services Contractual Item Amount Other Services Contractual $140,000.00 Section II. That the existing appropriation in the Cumulative Capital Improvement Fund be reduced in the following amount and transferred to the above account: Account No. 73 Classification Item Amount Properties Land $140,000.00 /s/ Joseph T. Serge Member of the Common Council A public hearing was held on the resolution at this time. Mr. William Richardson, Director of Public Works, said that the reason for this appropriation request is to pay the civil city's share of the Northeast Code Enforcement Project E -3 expenses for the fifth action year program. The total amount will be $200,000 to $250,000 over the five year period. The cost covers improve - ments in the Northeast Code Enforcement Area for reconstruction of streets, curbs, sidewalks and gutters. Bids were taken early this spring. The amount of the bid was $450,000. The Department' of Redevelopment did not get full funding for this project and are requesting the civil city to pay the difference. The Board of Works agreed to pay this since it will be part of our total REGULAR MEETING SEPTEMBER 11, 1972 RESOLUTION NO. 326 -72 (CONTINUED) overall credit. Councilman Kopczynski asked what the project life was. Mr. Richardson said it was about five years. Mr Glenn Barbe of the Department of Redevelopment said that this is the second action year of a three year program. Councilman Kopczynski asked how much more the pro- ject would cost the city. Mr. Richardson said our total cost is 25% of the total amount to be spent in the area and that it would involve a total project cost of between $600,000 and $650,000. 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 andNemeth). RESOLUTION NO. 327 -72 A RESOLUTION APPROVING APPLICATION FOR "RECERTIFICATION OF WORKABLE PROGRAM FOR COMMUNITY IMPROVEMENT. WHEREAS, an application for Recertification of the Workable Program for Community Improvement has been filed with the Common Council of the City of South Bend, which report is now before the Common Council of the City of South Bend, which report is now before the Common Council; and WHEREAS, the approval of the Common Council to said application is required by the Department of Housing and Urban Development of the United States of America as a continuing requisite for the City of South Bend's eligibility to receive federal funds; and WHEREAS, the Common Council has examined said report and finds it satisfactory; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, that the report captioned "Applocation for Recertification of the Workable Program for Community Improvement" be submitted for recertification. Adopted this 11 day of September 1972. /s/ Odell Newburn Member of the Common Council of the City of South Bend. A public hearing was held on the resolution at this time. Dr. John Kromkowski, Director of Human Resources, said that the Workable Program document covers four general areas: housing, code enforcement, planning and citizen involvement. Recertification is required every two years as a prerequisite for federal funding. The program includes systematic code enforcement of housing, but not house to house inspection, in areas which have blatant code violations. citizen involve- ment would be expanded with the Director of Human Resources pulling together planning functions of federal activities and city activities. HUD has insisted that citizens be part of the planning and consulation for activities that affect the physical and human aspects of their lives. The program will undergo intensive review within the next six months. Dr. Kromkowski said that the document grows out of long consultation and planning and the Council has had the document for 21 days for study and review. Funding will be sought for 1000 public housing units, 200 of which are to be completed within the next two years. Councilman Nemeth questioned Dr. Kromkowski about changes to be made in the document and Dr. Kromkowski said that changes were being made on page 4, 6, 7, 8, and 9 and that a citizen participation appendix was being added to the document. Mrs. Lee Swan, 2022 Swygart Street, asked Dr. Kromkowski about the house to house inspection which has caused a great deal of concern among the citizens. Dr. Kromkowski said this was changed on the insistence of citizen groups with which they have met. Instead, a visual survey of homes will be made in areas where there are many violations. Councilman Nemeth said that some of the citizens who changed the Workable Program in regard to house to house inspection were members of the Common Council. Councilman Taylor said that he would like to.point something out regarding citizen participation because it might eventually lead to war against HUD. When the Council first received copies of the Workable Program, it gave the power to neighborhood groups to veto deci- sions made-by the Mayor and the Common Council. During the discussions conducted over the past several days, this section has been stricken. Councilman Taylor said that when HUD says to the City and to the Council that a neighborhood group is going to have veto power over the elected officials of the City and the elected Council of the City, then city government is no more. Councilman Newburn said that he thought there was a misinterpretation on the part of some indivi- duals as to the veto power and that it was really calling for a joint agreement between the people and public officials. Councilman Miller said that the Director of Human Resources will have an officer for Community Development and asked how it would be funded. Dr. Kromkowski said that the federal government will fund this position. Councilman Miller then asked, if the city is going to ask for funding for 1000 housing units, is 200 enough to ask for the next two years or should it be more? Mr. O'Brien of the Housing Autbority said that at the present time there is a waiting list of 375 for housing units, for the elderly and moderate income families as well as low income familites. The problem with requesting more units at the present time is that it is difficult to get adequate housing sites in the City of South Bend. The Housing Authority is moving as rapidly as it can. Councilman Miller asked about the reference in the document on Page 14 to Kelly Park and the old County Court House. Dr. Kromkowski said that the Kelly Park applicationwas put in but that the Council did not fund it. A program is always dependent on local funding. Councilman Miller asked the meaning of the term "legacy of parks ". Dr. Kromkowski said that that is the federal code name for parks being funded through HUD. Councilman Parent said that he felt the reference to Kelly Park should be left in the document. He said he feels the plan is a good beginning. Some areas have obviously been neglected and some areas will have to be improved. He said that he would vote for the plan because it is a good beginning and because it will be reviewed every six months. Councilman Newburn asked for some information as to why the restoration of the old County Court House is included in the program. Mayor Miller said that an application was made to HUD 18 months ago by the County Commissioners for money for this program. The first phase of the project was in the neighborhood of $40,000 to $50,000 to be re- imbursed by HUD. It is a county project but is in the Workable Program because it is in the City of South Bend. Councilman Miller made a motion to amend Page 14, Section E by deleting "and the development of the Kelly Playground located in the Northeast Neighborhood. Applications for both projects have been submitted to HUD under the Legacy of Parks concept ", and by changing the last sentence to read "Cost for this project will be in the vicinity of $250,000 ". The motion was seconded by Councilman Kopczynski and was carried. Councilman Nemeth said "In regard to citizen participation, I feel that I am a citizen participating in government. This is the traditional concept of citizens' involvement in government. The ultimate responsibility should be on the Council and on the Mayor as elected representatives of their constituents. No non - elected group should have veto power over elected officials ". Councilman Taylor moved for adoption of the resolution, seconded by Councilman Kopczynski. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING SEPTEMBER 11, 1972 ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATION IN THE GENERAL PARK FUND FOR $56,453.50. This ordinance had 1st reading by title and second reading in full. Councilman Parent made a motion that the ordinance be set for public hearing and third reading on September 25, 1972. The motion was seconded by Councilman Szymkowiak and carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (3000 Block East Edison Road) This ordinance had lst reading. Councilman Taylor objected to the 2nd reading and moved to refer the ordinance to the Area Plan Commission for their recommendation. Councilman Kopczynski seconded the motion and it 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) (Northeast Corner, Main and Ireland Road) This ordinance had first reading by title. Councilman Taylor objected to the second reading of the ordinance and moved that it be referred to the Area Plan Commission for their recommendation. The motion was seconded by Councilman Kopczynski and was 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 St. Rd. 23) This ordinance had first reading by title. Councilman Taylor objected to the second reading of the ordinance and moved that it be referred to the Area Plan Commission for their recommendation. The motion was seconded by Councilman Kopczynski and was carried. ORDINANCE AN ORDINANCE AMENDING THE REFUSE ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading by title and second reading in full. Councilman Serge made a motion that the ordinance be set for public hearing and third reading on October 10, 1972, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $11,250.00 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET FUND. This ordinance had first reading by title and second reading in full. Councilman Parent made a motion that the ordinance be set for public hearing and third reading on September_25, 1972. Councilman Kopczynski seconded the motion and it carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $70,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This ordinance had first reading by title and second reading in full. Councilman Serge made a motion that the ordinance be set for public hearing and third reading on September 25, 1972. The motion was seconded by Councilman Parent and was carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $61,875.00 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET FUND. This ordinance had first reading by title and second reading in full. Councilman Kopczynski moved that the ordinance be set for public hearing and third reading on September 25, 1972. Councilman Taylor seconded the motion and it carried. ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO METALSTAMP, INC. This ordinance had first reading by title and second reading in full. Councilman Horvath moved that the ordinance be set for public hearing and third reading on September 25, 1972, seconded by Councilman Kopczynski. The motion carried. There being no further business, unfinished or new, to come before the Council, Councilman Taylor made a motion to adjourn, seconded by Councilman Parent. The motion carried and the meeting adjourned at 11:10 p.m. ATTEST: APP OVED: ' CITY CLERK PRESIE ++++++++++++++++++++++++++++++++++++++++ + + + + + + +++ + + + + + + + + + + + + + + + + + + + + ++