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HomeMy WebLinkAbout06-11-73 Council Meeting Minutes+++++++++++++++++++ + + + + + + + + + + + + + ++ + + + + + + + + + ++ REGULAR MEETING JUNE 11, 1973 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, June 11, 1973, at 7:10 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None. Councilman Parent made a motion to resolve into the Committee of the Whole, seconded by Councilman Taylor. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, June 11, 1973, at 7:11 p.m., with nine members present. Chairman Odell Newburn presided. 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) - 3027 MCKINLEY AVENUE. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Jack C. Dunfee, Jr., Attorney for the petitioner, made the presentation for the ordinance. Mr. Dunfee indicated that Mr. Nifong was a realtor in South Bend and would be utilizing the property in question for his real estate office. He indicated that the request for rezoning was to be from "A" Residential to "B" Residential which would permit multi - family housing and a few professional -type offices. He explained that the area in question is presently single - family and on the north side of McKinley Avenue. He also indicates that the structure would remain as is, except that it would be repaired and remodeled in the amount of $20,000. He presented photographs and sketches of the property to the Council members. He briefly explained the zoning of the other parcels in that area. Mr. Dunfee further indicated that the matter had been considered by the Area Plan Commission at a public hearing in May and was approved by the commission. At that meeting, there were three remonstrators, only one of them being within 300 feet of the property in question. He explained that the objection of this person was based upon the traffic-situation. He indicated that traffic is a problem but he felt that less traffic would be generated by the real estate office than by a family residing on the premises with two cars and children. He felt there were six factors in favor of the rezoning. First, the property had been used as a rental residential property for many years and has deterio- rated greatly. He indicated that a meeting had been held in April before the matter had been con- sidered by the Area Plan Commission, and he mentioned that there had been no one present at that meeting who was opposed to the rezoning. Secondly, the property along McKinley has become less desirable for residential property because of the amount of traffic. Thirdly, in 1965, a similar rezoning was approved by the Council. Fourth, there would be no change in the property except for a great improvement to the present structure. He indicated that a one -foot sign would be erected; however, in all other instances, the building would look like a residence. Fifth, there would be no parking in front of the building because all the parking would be in the rear, and a solid screen cedar six -foot fence would be constructed. Sixth, Mr. Nifong would not be living in the house, hence the need for the rezoning. He pointed out that, if Mr. Nifong established his residence in the house and operated his business there, there would be no need for the rezoning. Mr. Dunfee felt there were two legal issues of great importance. He presented two briefs to the City Clerk which he had prepared pertaining to spot zoning and protective covenants and restric- tions. He indicated that there is no law regarding spot zoning and the protective covenants did not apply to this particular case. He felt that, even if they were valid, the private restriction! should not exist. Mr. Edwin Gonter, 534 Preston Drive, indicated that he was opposed to the rezoning. He indicated that the property had been used for rental purposes in the past and it was very run down, but he did not think the fact that the house was run down should be a reason for rezoning. He mentioned that the restrictions previously set up were to run for a period of 25 years or until 1976. He read quoted portions of the restrictions. He indicated that, a few years ago, a petition of a Mr. Light for commercial zoning had been turned down by the City Council. He cited the instance of tY. REGULAR MEETING JUNE 11, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) rezoning for the doctor's office in the area and explained that the doctor's office has been added to, and the residents had been assured that these additions would not be made. He also felt the increase in traffic was very evident. He explained that when the parking lots at the doctor's office are cleared of snow in the winter, the snow is dumped onto the sidewalks. He briefly explained that he had taken a survey of the residents in the area regarding the rezoning. There was one who did not oppose, four were neutral, one did not matter, one opposed small business, nine were against and one had no answer. He indicated that there were 10 houses on McKinley that are well kept. The traffic problems that were created at Manchester and the road leading from the Jefferson complex were discussed by the residents when the survey was taken. He also indicated that the proposed rezoning could eventually accommodate a two -man business in the future. Mr. Maurice Tulchinsky, 3022 Essex Drive, indicated that he had lived in the area since 1954. He explained that Essex runs parallel to McKinley and is the first street north and dead ends into Manchester. He indicated that the homes in the area are beautiful, and he felt the Council had a duty and responsibility to retain the sanctity of the residential areas. He felt there should be some boundaries to curb commercialism. He felt the intersection of Manchester and McKinley was one of the most dangerous intersections in the city that should have traffic control. He also fel the area had become more dangerous because of the Jefferson complex. He stated that the present situation would compound the traffic situation. He felt the proposed rezoning was a classic example of spot zoning, and if approved, he wondered what would prevent someone else from rezoning still another area. He indicated that there was nothing personal in this matter, and he thanked the Council for the opportunity to speak to them. Mr. Dunfee indicated that Mr. Gonter and Mr. Tulchinsky were two of the three remonstrators who appeared before the Area Plan Commission. He indicated that the first gentleman had the restrictions very confused in his mind, and he explaine that the restrictions provided for four commercial lots on Edison Road and that the doctor's offic has never been rezoned to commercial. He indicated that there have never been any commercial lots rezoned other than the four on Edison. In 1954, there was also an amendment to those restrictions which stated that "all lots in the tract shall be known and described as residential lots." In the Zoning Ordinance, there are two categories of residential zoning. He indicated that, whenever there is a question on the restrictions, the freer use of the property is accepted and utilized. In reference to Mr. Light's denial of rezoning, he indicated that this was the Park Jefferson Apartments and it had not been turned down. He mentioned that he lived on Miami Street and there was also a problem with traffic in that area. He indicated that he could not come before the Council to oppose any rezoning in that area. He also mentioned that Mr. Tulchinsky was an attorne and he felt he should read the court cases in regard to spot zoning. He briefly touched upon laches and the Statute of Limitations. He explained that the word "laches" meant the neglect of doing a certain thing at the proper time. He asked why something had not been done previously if the doctor's office had been in violation. He proposed that the best possible usage of the 10 lot along McKinley would be for professional usage such as the proposed rezoning being considered. Mr Gonter indicated that he wanted to speak again, and Mr. Dunfee indicated that he had the right to open and close discussion because he was representing the petitioner. Chairman Newburn indicated that he would let Mr. Gonter speak again because it was a public hearing. Mr. Gonter indicated that he only wanted to clarify two points, they being that the lots that were zoned commercial were on Corby and that the Light rezoning he had been referring to was the area across from the Park Jefferson Apartments. Mr. Dunfee indicated that he had obtained a list of the owners within 300 feet which he presented to the City Clerk. Councilman Kopczynski asked Mr. Gonter to explain his statement about McKinley and Manchester bein, one of the most dangerous intersections in the city. Mr. Gonter indicated that he had not stated that; however, he did feel it was a dangerous intersection because Manchester is one of the two outlets on McKinley and across the street is the entrance to Park Jefferson. Councilman Kopczynsk. asked Mr. Gonter how many cars use that entrance to Park Jefferson. Mr. Gonter indicated that he had not taken a survey and did not know exactly the usage, but he stated that he did know there was a great deal of traffic generated in that area. Councilman Kopczynski asked Mr. Gonter how he would describe the intersection if there were five blocks of cars waiting to make a turn, and Mr. Gonter felt it would be a very dangerous situation if that was the case. Councilman Kopczynsk. concluded by indicating that he had only been curious to see which intersections the citizens feel are dangerous. Councilman Horvath indicated that he was concerned about the restrictions, and he indicated that the way he understood the matter, when a builder comes into a subdivision.and write an agreement with the prospective purchaser that there would be no particular type of business coming into the area, then the covenants do not hold when someone wanted to rezone. Mr. Dunfee indicated that the covenants only have power in a court of law and the reasonableness must be shown. He explained that the court will not enforce covenants unless they are reasonable and up- to -date. A recent case stated that the question of private restrictions was not an applicable inquiry before a zoning authority, and he stated that this was the law in the State of Indiana. Councilman Horvath indicated that, in other words, a developer could sell the purchaser "a bill of goods" which would not be valid. Mr. Dunfee explained that the same building would be utilized for the realtor's office and would have to be rezoned unless Mr. Nifong lived in the building. Councilman Horvath indicated that this did not seem right. Mr. James Roemer, City Attorney, helped to clarify the situation by indicated that the Council does not act as a court of law in this particular case. He indicated that, on the points of law that are involved, a court of law must make the determination. If the Council approved the rezoning, the people that hold the covenants would have the right to go into a court of law for a determination. Councilman Parent felt this was a trait for strip zoning. He stated that Mr. Nifong would have more business on the premises than if he lived in the house and had his office there. He urged that the Council vote against the rezoning. Council President Nemeth asked Mr. Dunfee if he had filed a brief on spot zoning, and Mr. Dunfee indicated that he had. Councilman Miller asked about the possibility of future widening on McKinley. Mr. Dunfee indicated that there had been discussion on ingress and egress and that there was a 25 -foot setback which would allow more than adequate room for expansioi He knew of no plans to encroach upon the private property. Councilman Miller asked how much would be required for widening, and Mr. David Wells of the Engineering Department indicated that 12 feet per lane is needed and 2 feet for each curb and gutter. Councilman Miller asked if the Area Plan Commission had approved the rezoning. He indicated that a similar case had been denied by the Arei Plan Commission. Mr. Douglas Carpenter, Planner for the Area Plan Commission, indicated that the staff itself had recommended against the rezoning at hand and the case Councilman Miller had referred to; however, the Area Plan Commission had overruled the recommendation of the staff. He did not know the reason for this. Councilman Miller indicated that there had been a similar situa- tion on Ireland Road. He asked about the requirements needed in order to rezone the whole area an( try to get away from the spot zoning. Mr. Carpenter indicated that this could be done on motion of the Council or on request of 50% of the owners. Councilman Miller asked if the owners would agree to that, and Mr. Dunfee indicated that they would; however, the Zoning Code stated that the REGULAR MEETING JUNE 11, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) use must be known before an area could be rezoned. Councilman Miller felt this was a very diffi- cult situation under the existing laws. Council President Nemeth asked if there were plans to widen McKinley. Mr. Wells indicated that there would be some work down to Manchester. Council President Nemeth asked if this would involve buying property, and Mr. Wells answered that it would not. Mr. Dunfee indicated that, as far as the doctor's office on Ironwood being compared as similar, it was a different situation because the property owners were not opposed to it and the doctor wanted to use considerable space in the front for parking. Councilman Parent made a motion that the ordinance go to the Council as unfavorable, seconded by Councilman Horvath. A roll call vote was requested. The motion lost by a roll call vote of four ayes (Councilmen Miller, Parent, Taylor and Horvath) and five nays (Councilmen Serge, Szymkowiak, Kopcaynski, Newburn and Nemeth). Councilman Kopczynski then made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. A roll call vote was requested. The motion lost by a roll call vote of four ayes (Councilmen Serge, Szymkowiak, Kopczynski and Nemeth) and five nays (Councilmen. Miller, Parent, Taylor, Horvath and Newburn). Council President Nemeth suggested that, since the Council was undecided regarding the proposed rezoning, the Council pass on to the next item on the agenda and take action on the ordinance in the Council portion of the meeting. ORDINANCE AN ORDINANCE PROVIDING FOR THE RECEIVING AND CONVEYING OF A GIFT OF REAL PROPERTY TO THE CIVIL CITY OF SOUTH'BEND, INDIANA (MORRIS L. MORRISON). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Charles Lennon, Executive Director of the Department of Redevelopment, made the presentation for the ordinance. He explained that the property in question was referred to as a street island at the intersection of Twyckenham and Eckman. The property had been put up for sale because of delinquent taxes, by the County Commissioners in February of 1966, at which time Mr. Morrison bought the property. He purchased the property in order to keep it as open space and had not intended nor paid any taxes on the property, which amounted to $707.16 as delinquent taxes. Mr. Lennon indicated that the Park Department has kept up the property. It was Mr. Morrison's wish that the city accept the land and satisfy the back taxes and possibly make the area a "pocket park "; however, that would not be a stipulation. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if anyone coulc buy property without intending to pay taxes on the land. Mr. James Roemer, City Attorney, felt that would be immaterial. He indicated that it was not proper but it could be done. He explained that the city could either accept the property and wipe out the taxes or refuse the gift. Miss Guthrie indicated that the Park Department had kept up the property, and she felt other people might try and do the same thing when purchasing property. Mr. Lennon indicated that he could only speak on Mr. Morrison's behalf in that he wanted to give the property to the city. Mr. Lennon indicated that he could not say whether or not Mr. Morrison never intended to pay the taxes. Miss Guthrie indicated that Mr. Lennon had stated just that, and she asked how much work had been done on the property by the Park Department. Mrs. Janet Allen, 125 West Marion Street, questioned whether or not Mr. Morrison actually owned the land if he had not even paid any taxes on the property. Mr. Lennon indicated that Mr. Morrison had purchased the property for open space and now wanted to give it to the city. Councilman Parent asked if Mr. Morrison could not deduct the value of the property from his income tax because he was making it a gift to the city. Mr. Roemer felt Mr. Morrison would be subject to normal accounting procedures. Councilman Parent indicated that the Council was being put into an unusual situation. Councilman Kopczynski indicated that the land was triangular and in the middle of the street. He questioned making the area a mini -park. Mr. Lennon indicated that Mr. Morrison only suggested that perhaps a bench be put on the island. Council President Nemeth asked if the city would have to pay the taxes on the property, and Mr. Lennon indicated that, if the city applied to the state and accepted the propert, no taxes would have to be paid. If the Council did not accept, the property would go back onto th4 tax roll. Councilman Miller indicated that if no one bought the land, it should be taken care of by the county. Councilman Szymkowiak asked how the area was zoned. Councilman Miller made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried. Council President Nemeth indicated that he felt this property should be accepted by the city because the city would be taking care of it anyway. Councilman Parent opposed. ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE, TRUST INDENTURE, ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORMS AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO INTERNATIONAL BAKERS SERVICES, INC. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given the opportunity to be heard. Mr. Karl G. King, President of the Economic Development Commission, introduced Mr. Arthur Diamond, the attorney representing International Bakers. Mr. Diamond indicated that International Bakers manufactures bakery flavorings and is a wholesale corporation. He indicated that the requested amount of the bonds to be issued was in the amount of $250,000. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked about the total amount involved for these bonds, and Mr. King indicated that, in 1972, bonds were issued in approximately $10,000,000 and in 1973, the city is around that same amount for the first five months. He indicated that the Economic Development Commission is proud of the quality of all the applications. Mr. David Wells of the Engineering Department asked if a utility could take advan- tage of this type of loan, and Mr. King answered that it could on the basis that the liquidation of the bonds would be taken care of by payment of charges. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried. RECUILAR MRRTT C, JUNE 11, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND (NORTHWEST CORNER OF IRELAND ROAD - IRONWOOD DRIVE INTERSECTION). Council President Nemeth made a motion that the ordinance be continued to the July 9, 1973, regular meeting of the Common Council, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE TO AMEND SECTION 15 -16 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. Council President Nemeth made a motion that the ordinance be continued to the July 9, 1973, regular meeting of the Common Council, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $4,000.00 FROM ACCOUNT NO. U -12, "SERVICES PERSONAL - WAGES ", AND $8,000.00 FROM ACCOUNT NO. U -13, "SERVICES PERSONAL - EXTRA AND OVERTIME", TO ACCOUNT NO. U -252, "SERVICES CONTRACTUAL ", ALL ACCOUNTS BEING WITHIN THE MUNICIPAL SERVICES FACILITY BUDGET, CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Stanley Prezybylinski, Manager of the Municipal Services Facility, made the presentation for the ordinance. He explained that he was responsible for maintenance of the vehicles within the city, and he briefly explained the reason for the requested transfer. He indicated that funds in Account No. U -252 have been spent because of various type of repairs required which could not be accomplished in the Municipal Services Facility. He indicated that the request for the additional $25,000 was only an estimate because of the fact that the vehicles are getting older and repairs are more frequent. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked about the fund: being transferred from the Wages and Extra and Overtime Accounts. Mr. Przybylinski indicated that there was considerable absenteeism due to illness. Miss Guthrie asked if there was no replacement for these men, and she mentioned that she only questioned this because it is not known what the fall weather will bring. Mr. Przybylinski indicated that he was not taking all the money from that account. Miss Guthrie asked how much money had been expended from the 252 Account, and Mr. Przybylinski indicated that $40,000 had been spent. Miss Guthrie asked if the $12,000 would take care of the needs, and Mr. Przybylinski indicated that it would not. Councilman Kopczynski indicated that if the city had employed qualified mechanics, the repair work on the vehicles would not have to be contracted out. Mr. Przybylinski indicated that he doubted if some of the work could ever be accomplished. He indicated that his men were not in a position to repair the heavy equipment, transmissions and tires, and he indicated that the city could not pay qualified men. Councilman Kopczynski asked if a mechanic could be hired at $12,000, and Mr. Przybylinski indicate that there would also be quite an investment in additional equipment. He could not answer Councilman Kopczynski's question. Councilman Kopczynski felt the city should hire good mechanics and pay for them. Councilman Szymkowiak indicated that he hoped Councilman Kopczynski would ask for an increase in the budget for these men if that was the case. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND CLOW CORPORATION, SOUTH BEND, INDIANA, FOR THE PURCHASE OF: I. CAST IRON OR DUCTILE PIPE AND FITTINGS; II. MECHANICAL JOINT GATE VALVES FOR A PERIOD FROM JUNE 1, 1973, TO MAY 31, 1975, IN THE TOTAL AMOUNT OF $166,069.42. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. David Wells of the Engineering Department made the presentation for the ordinance. He explained that the bidding for this equipment takes place regularly and the same practice is followed. He also mentioned that the Bureau has operated under a similar contract in the past. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked about the advantage of a two -year contract, and Mr. Wells indicated that this contract was the same as previous contracts because the Council had chosen to have two - year contracts. Miss Guthrie asked if this was a firm bid on the materials, and Mr. Wells indicated that it was. Council President Nemeth asked who the members of the Bureau of Water were, and Mr. Wells indicated that Mr. Roemer, Mr. Barcome and Mr. Farrand (new Director of the Department of Public Works) served as members on that board. Mr. James Roemer, City - Attorney, indicated that, at the time of the bids, Mr. Barcome, Mr. Richardson and he had been the Board members. He also indicated that the Clow Corporation had been the low qualified bidder. Council President Nemeth asked Mr. Wells to introduce the new Director of the Department of Public Works, Mr. Farrand, and Mr. Wells introduced Mr. Farrand to the Council members and audience. Councilman Kopczynski asked if the economic condition of the country was considered when the bids were let, and Mr. Roemer indicated that the bid was firm, and he felt it was an advantage to the city. Mr. Wells indicated that the city did not have to purchase the pipe if the economy should take a "nose dive ". Councilman Miller asked if the total appropriation of the last two years had been used, and Mr. Wells indicated that it had not been. Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. The motion carried. REGULAR MEETING JUNE 11, 1973 IICOMMITTEE OF THE WHOLE MEETING (CONTINUED) II OPT)TNAMrV.. AN ORDINANCE FOR ADDITIONAL APPROPRIATION IN THE GENERAL PARK FUND FOR $133,860.00. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Director of the Department of Public Parks, made the presentation for the ordinance. He indicated that the appropriation was requested for the construction of a maintenance shed at the Erskine Municipal Golf Course and the purchase of land in Belleville Gardens. He indicated that the total cost of the building would be approximately $96,000. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked about the balance of $30,000 that was received in 1972, and Mr. Seitz indicated that that amount was deposite in the Park General Fund and was there for that purpose. He also indicated that he had watched that very closely, and that the additional appropriation requested by the proposed ordinance would be subject to approval by the State Board of Accounts. Councilman Kopczynski indicated that he Iwanted to compliment Mr. Seitz for doing a good job. (Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. The motion carried. There being no further business to come before the Committee of the Whole, Council President Neme made a motion to rise and report to the Council and take a recess, seconded by Councilman Parent. The motion carried. Recessed at 8:52 p.m. II ATTEST : l\ CITY CLERK REGULAR MEETING - RECONVENED ATTEST. CHAIRMAN Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers at 9:07 p.m., Council President Peter J. Nemeth presiding and nine members present. IIREPORT FROM THE COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your committee on the inspection and supervision of the minutes, would respect- fully report that they have inspected the minutes of the May 29, 1973, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth Councilman Taylor made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Horvath. The motion carried. IIREPORT FROM THE COMMITTEE OF THE WHOLE Councilman Taylor made a motion to waive the reading -of the report of the Committee of the Whole, seconded by Councilman Horvath. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). IIREPORT FROM DIRECTOR OF DEPARTMENT OF ADMINISTRATION AND FINANCE Mr. James Barcome, Director of the Department of Administration and Finance, gave his quarterly report to the Council. He indicated that he and his staff would be happy to give the Council a presentation of the computer operation whenever it wished. He indicated that the computerization of the budget accounting and accounts payable system is almost completed. He hoped that soon the Water Works, Wastewater and Redevelopment Departments would be placed on the computer system. He indicated that the fiscal structure had been realigned in order to provide one fiscal control officer for each of the major divisions in the government of the city. He mentioned that this re- structuring frees the various department and bureau heads so that they can concentrate on the effective management of their respective departments, and provides daily contact between the department heads and the Controller's Office, enabling more efficient fiscal management. He further indicated that South Bend will participate in a special fiscal management study for local governments to be conducted at the Indiana University. He indicated that the program-would be financed by the Eli Lilly Foundation and would involve a systematic approach to the problems of municipal finance. He also indicated that his office was busy in the preparation of the budgets for the various city departments for review by the Mayor and final action by the Council. He explained that the preparation of the budgets was hampered by the lack of adequate information concerning the effect of Governor Bowen's tax package. He concluded that the final administrative budget proposal should be ready within the next few weeks for preliminary review by the Council. He explained that the salary ordinances would be presented on July 9 and hopefully the public hearing would beheld on July 23. August 13 would be the first reading of the budget and hopefu115 the public hearing would be held on August 27. Council President Nemeth thanked Mr. Barcome for his presentation. IIPETITION TO AMEND ZONING ORDINANCE (408 South 30th Street) 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 as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 408 South 30th Street, South Bend, Indiana. REGULAR MEETING JUNE 11, 1973 REGULAR MEETING - RECONVENED (CONTINUED) 2. The property is owned by Jerome J. Sechowski and Joanna Sechowski, and is presently being sold to Walter W. Landis, D.O., and Martha L. Landis. 3. A legal description of the property is as follows: Lot Numbered Four (4) in Monticello, addition to the City of South Bend, St. Joseph County, Indiana. 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 building(s) will be constructed: Dr. Walter W. Landis, D.O., desires to use this as his personal, professional doctor's office. 6. Number of off street parking spaces to be provided: Five (5) off street parking areas. 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. Petition Prepared by: William N. Farabaugh 316 First Bank Building South Bend, Indiana 46601 Phone: 233 -5173 s/ William N. Farabaugh Attorney for Jerome J. Sechowski and Joanna Sechowski and Walter W. Landis, D.O., and Martha L. Landis 316 First Bank Building South Bend, Indiana 46601 Phone: 233 -5173 (Council President Nemeth indicated that this item would be passed over and action could be taken on the ordinance pertaining to the rezoning. ORDINANCES, SECOND READING 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) - 3027 McKINLEY AVENUE. This ordinance had second reading. Councilman Miller made a motion that the ordinance be referred to the Council Committee on Ordinances to report back to the Council on July 9, seconded by Councilman Parent. The motion carried. Councilmen Kopczynski and Horvath opposed. Councilman Miller also indicated that he hoped comments could be obtained from the Area Plan Commission staff regarding the proposed rezoning. ORDINANCE NO. 5533 -73 AN ORDINANCE PROVIDING FOR THE RECEIVING AND CONVEYING OF A GIFT OF REAL PROPERTY TO THE CIVIL CITY OF SOUTH BEND, INDIANA (MORRIS L. MORRISON) . This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass, 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. 5534 -73 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE, TRUST INDENTURE, ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORMS AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE.OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO INTERNATIONAL BAKERS SERVICES, INC. This ordinance had second reading. Councilman Szymkowiak made a motion that the ordinance pass, 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). ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND (NORTHWEST CORNER OF IRELAND ROAD- IRONWOOD DRIVE INTERSECTION). This ordinance had second reading. Councilman Taylor made a motion that the ordinance be continue to the July 9, 1973, regular meeting of the Council, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE TO AMEND SECTION 15 -16 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. This ordinance had second reading. Councilman Horvath made a motion that the ordinance be con- tinued to the July 9, 1973, regular meeting of the Council, seconded by Councilman Taylor. The motion carried. REGULAR MEETING JUNE 11, 1973 11REGULAR MEETING - RECONVENED (CONTINUED) IIORDINANCE NO. 5535 -73 AN ORDINANCE TRANSFERRING THE SUM OF $4,000.00 FROM ACCOUNT NO. U -12, "SERVICES PERSONAL - WAGES ", AND $8,000.00 FROM ACCOUNT NO. U -13, "SERVICES PERSONAL - EXTRA AND OVERTIME ", TO ACCOUNT NO. U -252, "SERVICES CONTRACTUAL ", ALL ACCOUNTS BEING WITHIN THE MUNICIPAL SERVICES FACILITY BUDGET, CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Newburn made a motion that the ordinance pass, 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). 11ORDINANCE NO. 5536 -73 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND CLOW CORPORATION, SOUTH BEND, INDIANA, FOR THE PURCHASE OF: I. CAST IRON OR DUCTILE PIPE AND FITTINGS; II. MECHANICAL JOINT GATE VALVES FOR A PERIOD FROM JUNE 1, 1973, TO MAY 31, 1975, IN THE TOTAL AMOUNT OF $166,069.42. I This ordinance had second reading. Councilman Serge made a motion seconded by Councilman Szymkowiak. The ordinance passed by a roll men Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, 11ORDINANCE NO. 5537 -73 that the ordinance pass, call vote of nine ayes (Council- Newburn and Nemeth). AN ORDINANCE FOR ADDITIONAL APPROPRIATION IN THE GENERAL PARK FUND FOR $133,860.00. This ordinance had second reading. Councilman Kopczynski made seconded by Councilman Parent. The ordinance passed by a roll Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, IIRESOLUTIONS IIRESOLUTION NO. 374 -73 a motion that the ordinance pass, call vote of nine ayes (Councilmen Newburn and Nemeth). A RESOLUTION TO APPROVE ARCHITECT'S CONTRACT FOR CIVIC CENTER PROJECT. WHEREAS, Ordinance No. 5503 -73, passed April 9, 1973, appropriated $500,000.00 for various Civic Center expenses and established a budget line item of $273,000.00 for Architect's Fees, Design and Special Reports; and WHEREAS, the Civic Center Authority has approved the architect's contract. This contract is now subject to the approval of the Common Council in accordance with the terms of the Civic Center Authority ordinance which requires that all contracts in excess of $5,000.00 are subject to Common Council approval; and WHEREAS, this contract is being issued by the Civic Center Authority to Phillip Johnson and John Burgee, nationally known firm of architects in New York City; and WHEREAS, the architect under this contract is paid a fee for his basic services which is on a sliding scale for the basic services to be performed. This fee reim- burses the contractor for all of his basic services. If the bid subsequently received by the prime contractor for the construction of the buildings in the Civic Center is $10,000,000.00, the architect's fee will be 7.9 percent, or $790,000.00. If the total construction cost exceeds $10,000,000.00, the fee percentage goes up or down in relation to the total construction cost so that the architect is penalized if the construction costs exceed $10,000,000.00, and is rewarded if the construction costs are less than $8,000,000.00. The architect is also paid for any additional services which are in addition to the basic services at the rate of his actual direct labor plus a factor of 2.5. All work under "Additional Services requires written contract authorization from the Civic Center Authority. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the proposed Architect's Contract approved May 25, 1973, by the Civic Center Authority, is hereby approved. SECTION II. This Resolution shall be in full force and effect from and after its passage by the Common Council, and its approval by the Mayor. s/ Peter J. Nemeth Member of the Common Council A public hearing was held on the resolution at this time. Mr. Charles Lennon, Executive Director of the Department of Redevelopment, made the presentation for the resolution. He indicated that he was doing so as the Contract Administrator for the Civic Center Authority. According to Ordinance No. 5503 of the Common Council, the authority was requesting approval of the contract awarded to Phillip Johnson and John Burgee. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, questioned the fourth "Whereas" clause regarding the 7.9% of the architect's fee. Mr. Lennon explained that this was the total contract; however, at this time, he was presuming that there.would be one contract developed. He indicated that, if there is more than one, the price would go up. Miss Guthrie feli the resolution did not give the total picture. Mr. Lennon indicated that it was a presumption that the project would cost $10,000,000, excluding the cost of the land. Miss Guthrie wondered how the citizens could be sure this would be the total cost. Mr. Lennon indicated that, if the cost is less or more, the architect's fee would be negotiated. Miss Guthrie asked if the furnishings and equipment for the Civic Center were included in the $10,000,000. Mr. Lennon indicated that some of the mechanical equipment would be included. Miss Guthrie felt this was important for the REGULAR MEETING JUNE 11, 1973 REGULAR MEETING - RECONVENED (CONTINUED) citizens and taxpayers to know. She stated that she knew there would be other contracts involved. Mr. Lennon indicated that the Authority is attempting to put together designs and plans, and that these meetings are open to the public and are held on Friday mornings. Miss Guthrie asked when the Authority would meet, and Mr. Lennon indicated that the committee is functioning although the full group had not met since February. Mrs. Janet Allen, 125 West Marion Street, felt it was dangerous to include a clause stating that, if the architect should complete the project for less than $10,000,000, be would be rewarded. Mr. Lennon indicated that a fixed fee would be negotiated. Mrs. Allen felt the architect could possibly scimp on materials in order to lower the cost and then collect more for his fees. She indicated that she hoped the kind of construction put into the County -City Building would not be the case with the Civic Center. She felt a reward should only be given to the architect if the project was completed ahead of time. Mr. Lennon indicated that he would agree with Mrs. Allen if the city was not fortunate in having a quality architect, a quality Council and a quality Civic Center Authority. Councilman Serge made a motion that the resolution be adopted, seconded by Councilman Miller. The resolution passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) and one nay (Councilman Horvath). Council President Nemeth indicated that, earlier a contract had been approved for Clow Corporation by an ordinance. He questioned why the contract approval for the Civic Center should be done by resolution. Mr. James Roemer, City Attorney, indicated that the Council had previously held a public hearing on the $500,000 involved in the Civic Center project. He explained that the reso- lution was merely a consent of the contract. RESOLUTION A RESOLUTION TO APPROVE LAND ACQUISITION FOR CIVIC CENTER PROJECT NOT TO EXCEED $164,000.00. WHEREAS, Ordinance No. 5503 -73, passed April 9, 1973, appropriated $500,000.00 for various Civic Center expenses and established a budget line item of $164,000.00 for land acquisition by the Civic Center Authority; and WHEREAS, the Redevelopment Department has been acquiring the land for the Civic Center; and WHEREAS, the City of South Bend has acquired title to approximately 6.72 acres for the Civic Center having purchased 246,700 square feet from the Redevelopment Department on October 27, 1972; and WHEREAS, the Redevelopment Department has approximately 106,529 square feet (2.45 acres) of land for sale for the Civic Center project at One and one -half ($1.50) Dollars per square foot the exact number of square feet to be determined by survey. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: SECTION I. The purchase of remaining parcel of land for the Civic Center project approximately 106,529 square feet (2.45 acres) of land at a price of One and one -half ($1.50) Dollars per square foot, the exact number of square feet to be determined by survey, for a total purchase of not to exceed $164,000.00 is hereby approved. SECTION II. This Resolution shall be in full force and effect from and after its passage by the Common Council, and its approval by the Mayor. s/ Peter J. Nemeth Member of the Common Council A public hearing was held on the resolution at this time. Council President Nemeth asked if the contract for the land had been entered into, and Mr. Lennon indicated that he was asking that the sale be consumated to finalize some of his commitments. Councilman Miller asked if it was necess that this be done this year. He asked about the Welfare Department move. Council President Neme felt the Council should not approve a contract before it was entered into. Councilman Miller made a motion to refer the resolution to the Civic Center Committee, seconded by Councilman Kopczynski. The motion carried. Mr. Lennon indicated that he was very concerned about the July 1 deadline as far as the Welfare Department was concerned. He indicated that correspon- dence has been had with the County Commissioners regarding the move. (ORDINANCES, FIRST READING (ORDINANCE AN ORDINANCE ANNEXING CERTAIN LAND TO THE CITY OF SOUTH BEND, INDIANA (CLAY TOWNSHIP). This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on June 27, 1973, at 7:00 p.m., seconded by Councilman Kopczynski The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WASTEWATER OF THE CITY OF SOUTH BEND, INDIANA, AND PACKARD INSTRUMENT COMPANY, INC., DOWNERS GROVE, ILLINOIS, FOR THE PURCHASE OF A MODEL 8087 (419 SERIES) GAS CHROMATOGRAPH SYSTEM, IN THE AMOUNT OF $7,268.00. This ordinance had first reading. Councilman Parent made a motion that the ordinance be set for public hearing and second reading on June 27, 1973, at 7:00 p.m., seconded by Councilman Kopczyn The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 21, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702 - 408 SOUTH 30th STREET. (Continued on reverse side) REGULAR MEETING JUNE 11, 1973 IIREGULAR MEETING - RECONVENED (CONTINUED) (This ordinance had first reading. Councilman Miller made a motion that the ordinance be referred to the Area Plan Commission, seconded by Councilman Kopczynski. The motion carried. 11 ORDINANCE This ordinance had public hearing and the length of time the public hearing Councilman Horvath ,on June 27, 19731 AN ORDINANCE APPROPRIATING $92,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMIN- ISTERED BY THE DEPARTMENT OF SAFETY OF THE CITY OF SOUTH BEND, INDIANA. first reading. Councilman Taylor made a motion that the ordinance be set for second reading on July 9, 1973, at 7:00 p.m. There was a brief discussion on required for the public hearing on the ordinance, after which it was decided would not take too long. Councilman Taylor then withdrew his motion, and made a motion that the ordinance be set for public hearing and second reading at 7:00 p.m., seconded by Councilman Parent. The motion carried. IIPRIVILEGE OF THE FLOOR Mrs. Ethel Deka, 1121 Harvey Street, complained about the water in the northwest area of the city. She indicated that when her water tank is drained, all that comes out is sand. She mentioned she had called the Water Department and had received no action. She then contacted Action Line and had been told something would be done, and to date nothing has been done. She indicated that she, as well as others in the area, do not even have clean drinking water. She presented the Council with two samples of the water that had come from her tap. Councilman Szymkowiak indicated that he, too, had reported this problem six months ago and nothing had been done. Council President Nemeth suggested that Mr. Paul Krueper, Manager of the Bureau of Water, be invited to the July 9th Council meeting to view the water samples and determine a solution to the problem. Councilman Szymkowiak felt the matter should be looked into immediately. Mrs. Deka indicated that she had been assured that something would be done two months ago, and nothing had been done. Councilman Szymkowiak brought up the subject of the flouride in the water, indicating that it causes the pipes to rust and corrode and this to mix with the water. Councilman Kopczynski asked if a water test had been conducted on the .water taken from Mrs. Deka's tap. He asked if the Council could retain the samples, and Mrs. Deka informed him that he could as she had plenty more of the same water whenever she turned the faucet on. She explained that her laundry had been ruined. At one time, she had bought some powered solution to add to the water to help clear it up; however, she indicated that the solution was expensive and she had to stop buying it. Councilman Kopczynski asked if there were other people involved, and Mrs. Deka indicated that most of the residents in the area had the same problems with their water. Councilman Szymkowiak repeated that he had reported this problem six months ago and nothing had been done. He felt it was the responsibility of the chemists and the water should be analyzed. Mrs. Deka indicated that the only answer she had received on the dirty water was that it was brought about because of the old and rusty water - mains. She asked why this could not be improved and fixed. Councilman Miller asked if there were new sewers to be constructed in the area, and Mrs. Deka indicated that she did not believe so. Chairman Newburn indicated that the new sewers were not planned for that area even though it was in the Model Cities area, and he felt it was a serious problem. Councilman Parent made a motion that Mr. Krueper attend the July 9th meeting of the Council to speak on the matter and that the Council send him a letter requesting him to look into the situation, seconded by Councilman Miller, The motion carried. Mr. James Roemer, City Attorney, indicated that this was a concern, and he requested that Mrs. Deka come before the Board of Water on June 18th and bring samples of the water. He indicated that the meeting was held on the 13th floor of the County -City Building at approximately 10:30 a.m. He indicated that Mrs. Deka had a real complaint and he felt the city owed her an explanation. Councilman Szymkowiak felt a letter should not be necessary in this situation, and he also indicated that he did not think the citizens should have to appear before the Council for action with problems of this kind. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if there would be an investigation into the cause of the fire which ruined a $25,000 street sweeper at the Municipal Services Facility. Councilman Kopczynski indicated that it appeared the fire resulted from negligence with a spark igniting fuel. Council President Nemeth asked if the Board of Works would check into the situation, and Mr. Roemer indicated that there would be an investigation. Miss Guthrie also indicated that she had never seen a resolution or ordinance passed by a council that had not been read in full. She felt this was an illegal procedure. Council President Nemeth asked Miss Guthrie what she was referring to, and Miss Guthrie indicated that the resolution approving the architect's contract for the Civic Center had not been read in full. Council President Nemeth indicated that none of the resolutions and ordinances have been read since last October. Councilman Horvath also indicated that there had been a presentation on the resolution. A woman in the audience questioned why the next Council meeting was to be held on June 27th rather than the regular meeting date of June 25th. Council President Nemeth indicated that the attorney representing the residents of Clay Township had requested a delay for the public hearing on the proposed Clay annexation. Councilman Serge indicated that considerable money has been expended for improving the city's street lighting. He mentioned that the tree branches hang very low over the street lights and block much of the light from the street lights. Mr. David Wells of the Engineering Department indicated that he had no answer to this problem, and Councilman Serge suggested that a letter be written to the Park Department regarding this problem. Councilman Serge also indicated that he wished to congratulate Miss Schaefer on winning the title of "Miss South Bend ". Mrs. Janet Allen, 125 West Marion Street, asked if there had been an open meeting held held with the architect on the Civic Center. Councilman Miller indicated that there would be a Use - Planning Committee meeting on Tuesday evening; however, the architects would not be present at that time. Mrs. Allen felt the public should be kept informed on the progress of the Civic Center. UNFINISHED BUSINESS Council President Nemeth indicated that, a few months ago, there had been talk on a proposed anti - noise ordinance coming before the Council for action. He asked about the status of the ordinance, :i49 REGULAR MEETING - RECONVENED (CONTINUED) and Mr. James Roemer, City Attorney, indicated that he had been working on the ordinance, but at the present time, he was not sure of its status. Council President Nemeth requested that Mr. Roemer check into the matter, and Mr. Roemer indicated that he would. NEW BUSINESS Councilman Taylor made a motion to re- schedule the next regular meeting of the Common Council to Wednesday, June 27, 1973, at 7:00 p.m., at the Morris Civic Auditorium, rather than Monday, June 2! seconded by Councilman Kopczynski. The motion carried. There being no further business to come before the Council, unfinished or new, Councilman Newburn made a motion that the meeting be adjourned, seconded by Councilman Horvath. The motion carried and the meeting adjourned at 9:57 p.m. ATTEST: CITY CLERK • ++++++++++++++++++++++++++++++++++++.....++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ s 'V