HomeMy WebLinkAbout08-13-73 Council Meeting Minutes+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++
REGULAR MEETING
AUGUST 13, 19731
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, August 13, 1973, at 7:04 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 Kopczynski 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, August 13, 1973, at 7:05 p.m., with nine members present. Chairman Odell Newburn
presided.
ORDINANCE AN ORDINANCE ESTABLISHING A SCHEDULE OF CHARGES
FOR SERVICES RENDERED BY THE WASTEWATER TREATMENT.
PLANT OF THE CITY OF SOUTH BEND FOR THE TREATMENT
OF SEPTIC TANK DUMPINGS.
REGULAR MEETING AUGUST 1
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department o:
Public Works, made the presentation for the ordinance. He indicated that the service was very
important and was something that should be continued to be provided. He also mentioned that the
City of Mishawaka does not provide that type of service, and he felt that it should not be forced
into the land -fill operation. He stated that the city does have the capacity and capability to
handle the dumpings. He indicated that, during 1972, a total of 18,600,000 pounds of suspended
solids (concentrated sewage) was taken care of at the treatment plant. He mentioned that some
costs are handled through the Bureau of Sanitation, and the Bureau of Water handles the billings.
He talked briefly on the schedule of charges, indicating that the cost would amount to 12G per
pound of sewage with a $5.00 lab fee in order to sample the material and a $3.50 office fee to
cover the handling of all the paper work. He stated that the city's operation was odor free and
the plant was very clean, and also mentioned that there would be other charges to the property
owner who desired to have his septic tank cleaned. He concluded by indicating that the facility
for the treatment of the sewage had been constructed from funds derived from the taxpayers, and he
felt the cost of handling and processing the wastes should be realistic.
Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Kopczynski. The motion carried.
ORDINANCE AN ORDINANCE
NO. 4990 -68,
THE CITY OF
TO AS ZONING
STREET).
AMENDING AND SUPPLEMENTING ORDINANCE
CHAPTER 21 OF THE MUNICIPAL CODE OF
SOUTH BEND, INDIANA, FORMERLY REFERRED
ORDINANCE NO. 3702 (408 SOUTH 30TH
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. William Farabaugh, Attorney at Law, 316 Firs-
Bank Building, made the presentation for the ordinance. He indicated that he represented the
petitioners, Mr. and Mrs. Jerome Sechowski, and the prospective purchaser of the property, Dr. and
Mrs. Walter Landis. He briefly outlined Dr. Landis' background and the request for the rezoning.
He indicated that the house would remain unchanged; however, the doctor would conduct his practice
within the home. He indicated that the total square footage of the house and garage was 2,400
square feet and the size was 60 by 150 square feet. He explained that three cars could be parked
along the north side of the house and there would not be a driveway from Jefferson into the three -
car parking lot. He indicated that the driveway would be on 30th Street. He stated that the
doctor and his nurse would park in the attached garage. He indicated that the parking lot on the
north would be paved and would have proper and adequate screening. Mr. Farabaugh presented slides
to the Council showing the area in question. He pointed out the various other structures in the
vicinity that were presently zoned "B" Residential. He indicated that there were six service or
"B" Residential uses in the area, they being the Blackwood Apartments, Park Jefferson Apartments,
Crow Chizek Accountants, American Red Cross and the Hickey Funeral Home. He felt traffic would
not be increased by the proposed use and indicated that the building would house a single physiciai
He presented a petition to the City Clerk signed by seven property owners in the area indicating
that they had no objection to the rezoning. He introduced Dr. Walter Landis who indicated that
he desired to purchase the property for his office because it was the closest possible location
to the Osteopathic Hospital. He indicated that the purchase of the home would only be made if the
rezoning was approved. He indicated that the people in the area that he had talked to had no
objection to the rezoning, and that their complaints had to do with already existing problems. Ono
problem concerned the amount of traffic generated on Jefferson Boulevard because of the entrance
and exit to the Park Jefferson Apartments. He stated that this problem had nothing to do with his
request for rezoning. Another problem the residents had complained about was that children walkinc
along Jefferson cut through the lots because there are no sidewalks. He stated that this, again,
was an existing problem and had nothing to do with his request for rezoning. He concluded that
some of the neighbors have stated that they are against spot zoning; however, he pointed out that
those same people are surrounded on three sides by "B" Residential zoning.
Mr. John Condon, 3110 Sunnymede Avenue, indicated that the area in question was a family residen-
tial neighborhood. He mentioned that there was spot zoning in the area, but if spot zoning kept
coming, in no time the whole area would be commercial. He felt that, if the rezoning ordinance
was passed by the Council, more property would be rezoned and the area would become deteriorated.
Mr. Elmer Torok, 3118 Sunnymede Avenue, indicated that he was against the rezoning because it was
spot zoning. He indicated that the area has been a residential area for many years, and he felt
the traffic would be increased because of the doctor's office, and he explained that there was a
problem at the present time in getting off 30th Street onto Jefferson Boulevard. He felt that,
with the approval of the doctor's office on 30th Street, the area would be opened up for another
rezoning and used for additional duplexes.
Councilman Serge asked if the request for rezoning had been approved by the Area Plan Commission.
It was indicated that the Area Plan Commission had voted against the rezoning. Councilman
Szymkowiak asked if three parking spaces would be sufficient for the doctor's office, and Dr.
Landis indicated that the minimum spaces was five, and he and his nurse would park in the existing
garage. He felt the three spaces to the north of the building would be sufficient because he
worked on an appointment basis. He also indicated that some of his patients would be walking from
the Osteopathic Hospital. Councilman Szymkowiak asked if Dr. Landis would be residing in the home
and Dr. Landis indicated that he would not be using the house for a residence nor would be renting
rooms. He indicated that he would be using the whole house for his office. Councilman Kopczynski
indicated that he thought some of Dr. Landis' patients would walk to his office and additional
parking would.not be needed in that area. He felt that, if things are made convenient to the
people in the area, traffic could be eliminated. Councilman Parent indicated that he had driven
in the area and had also walked the area on foot and had tried to visualize the home with addition<
parking spaces on the north. He expressed sympathy for the doctor's feeling of wanting to be clos(
to his hospital, and he felt the seller would be able to sell the house for more because it would
be used as a doctor's office. He did not think the parking lot would add anything to the neighbor.
hood. He expressed concern about the preservation of neighborhoods and felt the Council should
vote against the ordinance. He indicated that he would have to vote against the rezoning.
Councilman Miller indicated that the house faced 30th Street which, he felt, made it more residen-
tial than if it faced Jefferson Boulevard. He stated that, even though there were "B" Residential
buildings in the area, they were strictly "B" Residential. He mentioned that rezonings of this
particular kind are difficult for the Council, and he felt the Council should be conservative and
not make a change in the zoning because the immediate area showed nothing of that kind of "B"
Residential zoning. Council President Nemeth asked about the basis of the recommendation made by
REQUAR MFFTT= AUGUST 13, 1973
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
the Area Plan Commission. Mr. Douglas Carpenter; Planner for the Area Plan Commission, indicated
that the Plan Commission felt the "area was a nice residential area and the use would have a detri-
mental effect on the area. He felt a chain reaction could have been started with the rezoning.
He expressed the hope of the Plan Commission to preserve the area. Council President Nemeth asked
about Area Plan's recommendation on the Park Jefferson Apartments, and Mr. Carpenter indicated that
he was not on the staff at that time. Council President Nemeth asked if there was a plan to change
the exterior of the building, and Mr. Carpenter stated that the only change on the exterior would
be the addition of a three -car parking lot and the necessary screening. Council President Nemeth
indicated that the Park Jefferson Apartments and the Red Cross building were new buildings. He
asked if Mr. Carpenter felt this was a threat to the neighborhood. Mr. Carpenter indicated that
the rezoning at 408 South 30th Street could set off the whole neighborhood for non- residential uses
He indicated that, when the funeral home was rezoned, there had been a great deal of objection,
and it had been thought that there would be no more rezoning in that area after the funeral home
came in. Council President Nemeth asked about Mr. Carpenter's recommendation on the funeral home,
and Mr. Carpenter indicated that the Area Plan Commission had voted favorably on that rezoning.
Councilman Horvath asked if there was a possibility of moving the parking to the south of the
building, and Mr. Farabaugh indicated that that approach had been considered; however, there was
no room to the south. Councilman Horvath asked how close the parking would be on Jefferson
Boulevard, and Mr. Farabaugh, by use of the slide, indicated there would be 20 feet from the curb
line with the house being 60 feet from the street and 40 to 45 feet of that to be used for parking.
Mr. Farabaugh indicated that he felt the Council should not consider the rezoning as commercial.
He indicated that there were no plans to live in the house and, thus, the reason for the rezoning.
He also indicated that the rezoning to allow the doctor's office did not necessarily mean the
seller would be getting a better price for the house because the buyer would have to remodel and
change the interior to accommodate his office and might not offer as high.a price as someone who
had no intention of changing the building.
Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded by
Council President Nemeth. There was voice vote on the issue, and Chairman Newburn declared the
motion lost. Councilman Kopczynski requested a roll call vote. The motion lost by a vote of
three ayes (Councilmen Kopczynski, Newburn and Nemeth) and six nays (Councilmen Serge, Szymkowiak,
Miller, Parent, Taylor and Horvath).
ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN
THE MOTOR VEHICLE HIGHWAY BUDGET IN THE AMOUNT
OF $4,000.00 BETWEEN VARIOUS ACCOUNTS, ALL
ACCOUNTS BEING WITHIN THE MOTOR VEHICLE HIGHWAY
BUDGET.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Donald Decker, Manager of the Bureau of
Streets, made the presentation for the ordinance. He explained that the request for the transfer
to the MVH -726 Account was necessitated because of some large expenditures for signal torches,
barricades and modifications to slurry equipment which depleted the account. He expressed the
thought that the transfer of $2,000 to this account from the MVH -722 Account would support the
department's requirements for the balance of 1973. He also indicated that a transfer was necessar,
to the MVH -323 Account because the $3,000 that was budgeted this year represented $6,000 less than
was budgeted in 1972, and it was simply not enough to cover the tire needs for the 75 pieces of
rolling equipment on the street. He was hopeful that this transfer would also fulfill the depart-
ment's requirements for the balance of 1973.
Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, questioned the fact
that $2,000 was available in the Services Personal Account to transfer into another account. Mr.
Decker indicated that the Services Personal Account was the salary account and, during part of
1973, he had operated with less supervisors than was budgeted. Miss Guthrie asked if Mr. Decker
could continue to operate with less supervisors, and Mr. Decker stated that he has rehired and
filled the position because it was needed. Miss Guthrie asked if the equipment was needed at the
present time, and Mr. Decker indicated that it was because the equipment was used year- round.
Chairman Newburn indicated that the shovels, flares and other tools must be replaced, and he
questioned the method used for replacement of the equipment. He asked if there was a high loss of
those items by theft. Mr. Decker explained that the tools are disbursed in the morning and are
collected at the end of the shifts and accounted for. He stated that there is normal breakage of
the equipment. He stated that the only loss would be in the area of the flares because of the
vandals. He mentioned that, on one evening at one location, 17 flares had been stolen. Council
President Nemeth asked if something else could be used in place of the flares, and Mr. Decker
indicated that the department had flashing barricades; however, they were very expensive and
nothing prevented vandals from stealing that equipment also. Council President Nemeth asked about
reflectors, and Mr. Decker indicated that the reflectors are of no value at night. Councilman
Kopczynski asked if the flares had been stolen in any one particular area, and Mr. Decker indicates
that some areas are more prevalent. Councilman Kopczynski asked in what area the highest loss
occurs, and Mr. Decker indicated the Ohio, Pennsylvania and Keasey Streets area. Councilman
Kopczynski asked if buildings were set afire by use of the flares, and Mr. Decker indicated that
the Fire Department had responded to several fire calls in the area, with most of the fires being
porch fires. Councilman Parent indicated that, with the work being done in the McKinley area, the
flares were being lost to the children. Councilman Kopczynski asked if it was possible to anchor
the flares down, and Mr. Decker indicated that he did not know of any way. Councilman Kopczynski
asked if that suggestion could be looked into, and Mr. Decker indicated that, if something could
be designed, he felt the plan would have merit.
Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Parent. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING $25,000.00 FROM
THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING, FOR
VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMIN-
ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS
DEPARTMENT OF PUBLIC SAFETY.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Dr. John Kromkowski, Director of the Department
REGULAR MEETING AUGUST 13 1973
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
of Human Resources and Economic Development, made the presentation for the ordinance on behalf of
the Safety Director, Mr. Patrick Gallagher. He indicated that the funds would be used for demoli-
tion of 30 structures that are beyond any possibility for rehabilitation. He stated that the
majority of the houses suffer from burn out. He stated that a breakdown regarding the demolition
had been furnished the Council members by the Safety Director. He explained that 56 residential
buildings were scheduled for demolition and 3 commercial buildings. He indicated that $51,000 had
been used for contracting of the demolition. Dr. Kromkowski indicated that, in addition to the
projected buildings to be demolished, a grant in the amount of $70,000 had been received for the
Model Cities area which would bring the city to between $96,000 and $97,000 worth of demolition
activities during 1973 with a total of 230 to 240 homes being demolished. He felt the appropriati
was well warranted as the demolition of the substandard buildings would end the blight in many are
Mrs. Frederick Mutzl, President of the St. Joseph County Fair Tax Association, asked about the
amount of money coming back into the fund. She asked if the residents of the buildings paid to hall
their homes demolished. Dr. Kromkowski indicated that approximately 200 buildings have been
demolished and 59 of those have been torn down by the city. He stated that most of the demolish-
ment is private, and he explained that recouping the money is a very gradual process until the
developers utilize the areas. Mrs. Mutzl asked if those persons responsible for setting the
buildings on fire and making them substandard were ever apprehended. She indicated that there is
a pattern for the fires, and she felt it was very alarming. Mr. Ralph Muszynski of the Western
Avenue Business Council, stated that the council recommended the appropriation ordinance be passed
He indicated that he has received complete cooperation with demolition in the area, and he stated
that the area was a blighted one. He mentioned that one particular building had been requested to
be demolished, and the Board of Public Safety had indicated that funds were not available for the
demolition. He stated that he had requested another building in the 3800 block of Western Avenue
also be demolished as there have been four or five alarms in that area. He concluded that the
buildings were an eyesore to the surrounding area. Miss Fanny Grunwald, 227 South Frances Street,
asked about the money received back on the insurance when the homes were burned. Dr. Kromkowski
indicated that the property owners would receive the insurance money. He explained the process
of the buildings being burned and the city being responsible for tearing them down. He indicated
that, when that is the case, a mechanic's lien is placed on the property and, if there is a trans-
fer of ownership, then the mechanic's lien must be paid off. City Attorney Roemer indicated that
most of the houses that are burned out are vacant and the insurance has lapsed on those homes.
Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, stated that the
original budget for demolition was $50,000 for 1973. Dr. Kromkowski indicated that she was
correct and, out of those funds, $34,000 was actually used because the fund was "overdrawn" from
the previous years. Miss Guthrie questioned this. She stated that $25,000 had been received in
additional funds from the revenue sharing funds and now another $25,000 was being requested. This
was in addition to the $70,000 received in the Model Cities area. She felt the homes should be
taken care of, but she felt the city should be receiving some money back. She asked how much had
been received by the city in mechanics' liens. Mr. Walter Lantz, Chief Deputy Controller, indi-
cated that $7,500 had been received by the city. Miss Guthrie indicated that she did not under-
stand why more money was needed. She wondered how much more money would be received by the city.
Dr. Kromkowski indicated that the forces of renewal for a particular area must be consolidated.
Until this is done, the money would not be received back by the city and nothing would be done
about the safety problems. Miss Guthrie indicated that she was not suggesting that; however, she
was questioning the amount of money being spent on demolition. Mr. Lantz indicated that the
demolition fund was not in the red in 1972, but that $17,000 of the 1973 budget had to be used for
demolition for last year. Councilman Parent indicated that only $7,500 has come back to the city
which signified the attitude of certain persons. He felt that, if those citizens would take care
of their properties, this would not be the case. He felt by the appropriation of these funds, the
local government was doing its job. Councilman Taylor asked if the $25,000 would be earmarked on
Western Avenue, and Dr. Kromkowski indicated that the money would be used in the Southeast area.
He explained that Model Cities funds are taking care of that area and there is a code enforcement
project in the Northwest area. Councilman Kopczynski asked if there were two sites on Western
Avenue scheduled for demolition, and Dr. Kromkowski indicated that there were at least two sites
scheduled. Councilman Kopczynski felt that, by demolition of these properties, the land would com
back quickly because it would be more desirable. He felt the appropriation would be an investment
to the city in order to preserve and maintain the areas for good commercial property. He stated
that, when buildings have served a useful purpose and the owners do not take care of the property,
something must be done. He indicated that there is a good plan for Western Avenue in the making
and he felt the Council should act favorably on the ordinance. Dr. Kromkowski indicated that the
economic development strategy simply becomes another tool for revitalization. Councilman Szymkowi l
felt the tearing down of these buildings was badly needed. He stated that, once the buildings are
torn down, the land can be put to a good use. He indicated that there was a great need for parkin
on Western Avenue, and he recommended that the Council act favorably on the ordinance. Chairman
Newburn indicated that the demolition crews were becoming careless when cleaning up after demolish
ment. He asked that this be taken care of. Councilman Kopczynski requested that Mr. DeFreeuw
bring the Council up to date on the proposed development of Western Avenue at some future date.
Mr. Muszynski indicated that the Business Council would be very happy to do that. Council Preside 1
Nemeth indicated that he would appreciate receiving a list of revenue sharing funds available to
the city. Councilman Kopczynski indicated that he had requested that information as chairman of
the Council Finance Committee; however, he had never received it. Mr. Lantz indicated that the
councilmen should have received the information the past week, and he stated that he would check
into the matter.
Councilman Miller made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $32,195.00
FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND
(RETENTION BASIN CONSTRUCTION).
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, Manager of the Bureau of
Administration and Design, made the presentation for the ordinance. He'explained that, in 1969,
several studies were made of various sections of the city regarding storm sewers. Subsequent to
these reports, several storm sewers and lagoons were constructed. He stated that, at present,
McKinley Terrace is under construction. He further stated that a private developer had approached
the city at that time with plans to construct an apartment complex in one of the areas that was
planned to.become a retention basin. This had been explained to the developer and he was willing
REGULAR MEETING AUGUST 13 1973
IICOMMITTEE OF THE WHOLE MEETING (CONTINUED)
to cooperate with the city in order to develop the area and make the necessary plans for the storm
drainage. Based upon that, a conditional approval was given to go ahead with the plans. Mr. Well
explained that the site is on Edison Avenue and is designated as Lagoon E.. He explained that the
basin would take care of the area which was approximately 93 acres. He further indicated that a
contract had been entered into for the purchase of the land for the apartment complex and.construc
tion of the lagoon. Mr. Wells indicated that now construction had been completed and payment was
requested. He also indicated that the figure should be amended to read $32,438.00. He stated tha
the publication requirements had been met using the $32,438.00 figure.
Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if the contrac
had been entered into without approval of the appropriation, and Mr. Wells indicated that that
appeared to be the case. City Attorney Roemer indicated that a contract could have been entered
into subject to Council approval. Council President Nemeth indicated that Water Works contracts
are handled in that fashion. Mr. Wells indicated that, should the Council not approve the appro-
priation, the developer could take the city to court. He indicated that the city was faced with a
similar situation under the Barrett Law in the Kensington Farms area. Mr. Roemer indicated that,
in the future, a clause should be inserted into the contracts that would read "subject to Council
approval ". He indicated that he would try to make sure this was done. Miss Guthrie asked if the
work was already done, and Mr. Wells indicated that it was. He presented photographs to the
Council. Councilman Miller suggested that perhaps the contracts could be ratified by the Council
without an exact figure as that amount would not be known. Councilman Horvath indicated that the
work had already been done under the last administration even though the city was now being reques
to pay its share of the construction. He felt there should have been some kind of agreement betwe
the city and the developer regarding the construction. Mr. Wells indicated that the agreement was
signed by Charles Sweeney and Freda Noble for an estimate of about $82,000. He pointed out that t
city had done what it desired and the figure only amounted to $32,438. He also stated that the
negotiations had been carried on for quite a while. Councilman Taylor asked when the contract had
been entered into, and Mr. Wells indicated that he could find no date on the agreement. Councilma
Kopczynski could not understand why some people have so much confidence in the Council approving
such an appropriation before the approval is given. Chairman Newburn indicated that, regardless,
the amount for the construction must be paid.
(Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Parent. The motion carried.
There being no further business to come before the Committee of the Whole, Council President Nei
made a motion to rise and report to the Council and take a short recess, - seconded by Councilman
Kopczynski. The motion carried, and the Council recessed at 8:32 p.m.
ATTEST: ATTES
CITY CLERK C IRMAN
IIREGULAR MEETING - RECONVENED
Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana,)
reconvened in the Council Chambers at 9:50 p.m., Council President Peter J. Nemeth presiding and
nine members present.
11REPORT 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 July 23, 1973, regular meeting
of the Council and found them correct.
They, therefore, recommend that the same be approved.
s/ Peter J. Nemeth
I Councilman Newburn made a motion that the report be accepted as read and placed on file and the
minutes be approved, seconded by Councilman Taylor. The motion carried.
11REPORT FROM THE COMMITTEE OF THE WHOLE
Councilman Horvath made a motion to waive the reading of the report of the Committee of the Whole,
seconded by Councilman Taylor. The motion carried by a roll call vote.of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
11REPORT FROM AREA PLAN COMMISSION (4134 LINCOLNWAY WEST)
The Honorable Common Council
City of South Bend
County -City Building
South Bend, Indiana
July 24, 1973
In Re: Proposed ordinance and site development plan of Eugene McGarvey, Jr. to
zone from "B" Residential to "C" Commercial, property located at 4134
L.W.W., City of South Bend
Gentlemen:
The proposed ordinance and site development plan of Eugene McGarvey, Jr. to
zone from "B" Residential to "C" Commercial, property located at 4134 L.W.W., City of
South Bend, was advertised June 9, 1973, and June 16, 1973, for public hearing by the
Area Plan Commission on June 19, 1973, as witnessed by the enclosed and attached copy
of "proof of publication ". Please note the underlined area in red shows that the back
175 feet was exempted..
REGULAR MEETING - RECONVENED (CONTINUED)
The Area Plan Commission acted at the public hearing on June 19, 1973, in a
favorable manner concerning this application. It seems that the ordinances which
included the amended legal description were filed in our office by mistake and at the
time of our recommendation to you, were not provided to the City Clerk. Thus, the un-
amended ordinances were signed instead of the amended ordinances.
Very truly yours,
s/ Douglas L. Carpenter
DLC:lari Senior Planner
attach.
Councilman Parent made a motion that the ordinance referred to in the report be set for public
hearing and second reading on September 10, 1973, seconded by Councilman Taylor. The motion
carried.
REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT
Dr. John Kromkowski, Director of the Department of Human Resources and Economic Development,
indicated that, since the Redevelopment Commission falls under his department, the quarterly repor-
would be made by Mr. Charles Lennon. Mr. Lennon indicated that he was the Executive Director of
the Department of Redevelopment and Community Development. He indicated that the Redevelopment
Department is a department of the City of South Bend and possesses certain powers other city depar-
ments do not have because of certain statutory rights. He indicated that the Redevelopment Trustee
are appointed for a one to four year term, the trustees being: Mr. F. Jay Nimtz, Mr. William A.
Welsheimer, Mr. Edgar Wertheimer, Mr. William Richardson and Mr. Morris Morrison. Mr. Lennon
explained that, on the first meeting day before the end of the year, the trustees elect for one-
year terms the Redevelopment Commissioners, they being: Mr. Fred J. Helmen, Mr. John E. Chenney,
Rev. Willie Williams, Mr. B. L. Wade and Mr. Donald Wiggins. He explained that the Department of
Redevelopment concentrates on renewal projects and its major function is to handle the entire relo.
cation of the City of South Bend. He presented an outline to the Council of the Department of
Redevelopment and indicated that, during the past year, the staff went from 82 people to 46. He
explained that one of the reasons for this was the fact that the building inspectors were turned
over to the Building Department and the engineering functions were forwarded to the Department of
Public Works. He explained that legal work is still done within the office as much as possible.
Mr. Lennon indicated that the activities of the Redevelopment Department are coordinated with
community development and meetings are held Monday mornings with Dr. John Kromkowski. He indicate(
that he was responsible for developing as relates to revenue sharing, community development, capita
improvement programs, house information centers and public housing programs and community and citiā¢
zen participation. He briefly outlined the major projects, they being: the Downtown Renewal
Project in an amount of $23,000,000; the Neighborhood Improvement Program at $500,000; the Northea;
Code.Enforcement Project and Model Cities Code Enforcement Project; Urban Renewal of LaSalle Park
(which has been pooled with the downtown renewal project); the Merry Avenue Project at $406,000 an(
another code enforcement project for the Model Cities area at $208,000, the latter two programs
being funded by Model Cities.
Councilman Taylor asked about the status of the Northeast Code Enforcement Project, and Mr. Lennon
indicated that the department had not received the full four -year program; however, they were
trying to clear up the major code violations. He explained that the grants which were approved in
July authorized an additional $52,000 and $57,000 for that particular area. Councilman Taylor
asked if there were funds still available, and Mr. Lennon indicated that the city still has portioi
left to pay in the E -3 Project (Northeast Code Enforcement Project), the funds being encumbered bui
not yet spent. Councilman Kopczynski indicated that the people in the LaSalle area had invited hir
to check the area under construction regarding the project, and he indicated that some work was doe
which was substandard. Mr. Lennon indicated that his department had issued 45 letters to the con-
tractors regarding the work performed, giving them 10 days to make the necessary repairs. He
indicated that he wanted to give the contractors the opportunity to repair the work before litiga-
tion. Councilman Kopczynski asked about the poor design of the structures. Mr. Lennon indicated
that the complaints he had received had come up in other areas and had not dealt with design. He
explained that a report had been made on each complaint and it was determined who was responsible.
In all cases, the contractor was found to be at fault. Councilman Kopczynski asked why the
Building Department had not made inspection of the structures. Mr. Lennon indicated that, in the
past, an inspection follow -up had never been made, and many times poor materials and workmanship
had not shown up until after a year later. He indicated that, since last November, inspection
follow -up has been conducted. Councilman Szymkowiak asked if these same contractors were still in
business, and Mr. Lennon indicated that some were and some were not and some of the contractors
were even doing business at the present time under different names. He stated that his department
was attempting to determine which companies had done that. Councilman Szymkowiak asked if the con-
tractors were bonded for workmanship, and Mr. Lennon indicated that they were. Councilman Miller
indicated that he would like a rundown on the amount of money the city must contribute regarding
the federal contracts. Mr. Lennon indicated that he would update that information for the Council,
Councilman Parent indicated that he has been receiving feedback on the ramps being constructed
downtown for the handicapped. He indicated that he had reached the conclusion that the ramps were
not designed properly. He asked if Mr. Lennon was aware of this and if any plans had been made to
correct the situation. Mr. Lennon indicated that the ramps were mandated by the local ordinances
and would have to meet the necessary specifications; however, might not meet the inadequacies of
some individuals. Councilman Parent indicated that there was nothing in the local ordinance that
mandated the curbs. Mr. Lennon assured Councilman Parent that, if the curbs were inadequate, they
could be corrected. He indicated that it would be less expensive to correct them before they were
constructed. Councilman Taylor indicated that the downtown renewal project was a $30,000,000 pro-
ject. Mr. Lennon indicated that, in the amendatory contract, $9,000,000 was requested; however,
the city only received $2,000,000. Councilman Taylor asked about the request in the amendatory
contract, and Mr. Lennon indicated that he had requested funds for land acquisition and repair. He
stated that the projects put back on for planning purposes were not available because the money was
not available at this time. Council President Nemeth thanked Mr. Lennon for his presentation.
PETITIONS TO AMEND THE 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 South Bend, Indiana, as
hereinafter requested, or in the alternative for the Executive Board of the Area Plan
Commission to approve the site plan that is being filed herewith because the two lots
REGULAR MEETING AUGUST
REGULAR MEETING - RECONVENED (CONTINUED)
sought to be rezoned have already been rezoned by the Common Council on November 22,
1971, and in support of this application, the following facts are shown:
1. The property sought to be rezoned is located at the extreme Southeast end
of the Broadmoor Shopping Center, located on Miami Street and Ireland Road
in the City of South Bend, County of St. Joseph, State of Indiana.
2. The property is owned by Broadmoor Shopping Center, Inc.
3. A legal description of the property is as follows:
Lots Numbered Two Hundred Fifty (250) and Two Hundred Fifty One (251)
as shown on the revised plat of Broadmoor Third (3rd) Section, an
addition to the City of South Bend, County of St. Joseph, State of
Indiana.
4. It is desired and requested that the foregoing property be rezoned:
From "B" Residential Use and "B" Height and Area District
To "C" Commercial Use and "C" 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 (including number of dwelling units
if residential):
A branch drive in for the National Bank and Trust'Company of South Bend,
Indiana, where people may bank from their car or enter the premises to
conduct their business.
6. Number of off - street parking spaces to be provided: 60 off - street parking
spaces.
7. Attached is a copy of: (a) an existing plot plan showing the 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/ William E. Voor, Jr.
Signature of Petitioner
300 First Bank Bldg., South Bend, Ind.
Petition prepared by; Attorney in fact for Petitioners
William E. Voor, Jr.
Attorney at Law
I, 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
sought to
be rezoned
is located at 1404 Kinyon, South Bend, Indiana.
2.
The
property
is owned
by Flora Lee
Loughlin.
3. A legal description of the property is as follows:
Lots numbered seven (7) and eight (8) Morris Park addition to the City
of South Bend.
4. It is desired and requested that the foregoing property be rezoned:
From "B" Residential Use and Height and Area District
to "C" Commercial Use and 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 (include number of dwelling units
if residential) :
The dwelling house will be remodeled into a beauty salon.
6. Number of off - street parking spaces to be provided: five (5).
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:
Larry L. Ambler
Patrick Brennan and Associates
Professional Corporation
s/ Flora Lee Loughlin
Signature of Petitioner
1404 Kinyon
South Bend, Indiana
REGULAR MEETING AUGUST 13 197
REGULAR MEETING - RECONVENED (CONTINUED)
I, the undersigned, do hereby respectfully make application and petition the City
of South Bend, Indiana, Common Council 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 sought to be rezoned is located at Ireland Road east of and
contiguous to the Montgomery Ward and Scottsdale Mall property.
2. The property is owned by Place and Company, Inc.
3. A legal description of the property is as follows:
A tract of land situated in the SW 1/4 of Section 30, Twp. 37 N, Rge. 3
East, St. Joseph County, Indiana, described as follows, viz:
Beginning at a point on a line that bears S 890 55' 20" E 1649.98 feet
E from the W Quarter Section Corner of Section 30, Twp. 37 N, Rge. 3 E;
thence S 890 55' 20" E 200 feet to the Northerly projection of the
Western boundary of the Plat of Scottsdale Addition, Section "A ", as
recorded in the Office of the Recorder of St. Joseph County, Indiana;
thence S 000 00' 24" W along said Western boundary 230 feet; thence N
890 55' 20" West 199.99 feet; thence N 000 04' 40" East 230.00 feet to
the place of beginning, containing 1.06 acres, more or less.
4. It is desired and requested that the foregoing property be rezoned:
From C -2 Use and Height and Area District
To C -1 Use and G 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 (include number of dwelling units
if residential) :
Office building, the major tenant of which will be Federal Savings and
Loan Association, South Bend, Indiana, with the remaining space in such
building devoted to general offices.
6. Number of off - street parking spaces to be provided: Sixty -one.
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:
Joseph A. Roper
316 First Bank Building
South Bend, Indiana 46601
Telephone: 233 -5173
PLACE AND COMPANY, INC.
By s/ Andrew S. Place
Signature of Petitioner
Andrew S. Place, as President
1920 Ridgedale Road
South Bend, Indiana 46614
I, the undersigned, do hereby respectfully make application and petition the Common
Council of the City of South Bend, to amend the Zoning Ordinance of said 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 1989 Prairie Avenue.
2. The property is owned by Albert and Helen Kovacs.
3. A legal description of the property is as follows:
A part of Partition Lot Numbered Three (3) as shown on the Plat in a
certain suit of Partition, wherein Edwin L. Perkins, et al, were plaintiffs
and Emma K. Perkins, et al, were defendants, the description and plat of
which partition is recorded in Partition Deed Record 1, page 134, in the
Recorder's.Office of St. Joseph County, which part is bounded by a line
running as follows, viz: Beginning at a point on the North line of the
Sumption Prairie Road (Prairie Avenue) at a point 10 rods East of the West
line of said Lot Numbered Three (3); thence running North 16 rods; thence
West 10 rods to the West line to the North line of said Sumption Prairie
Road (Prairie Avenue); thence Northeasterly on the North line of said road
to the place of beginning, being in the South East Quarter of Section Number
15, Township Number 37 North, Range Number 2 East, and containing 1 acre,
more or less.
4. It is desired and requested that the foregoing property be rezoned:
From "R" 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 (include number of dwelling units
if residential) :
REGULAR MEETING AUGUST 13, 1973
REGULAR MEETING - RECONVENED (CONTINUED)
The property has been remodeled from a bar to a restaurant with the intent
that said restaurant will serve Hungarian style food. The remainder of
the area will be used for parking automobiles.
6. Number of off - street parking spaces to be provided: Fifty (50) spaces.
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/ Albert Kovacs
s/ Helen Kovacs
Signatures of Petitioners
1605 S. Jackson Street
Petition prepared by: South Bend, Indiana
Peter F. Nemeth
Attorney at Law
Ten -Ten Tower Building
South Bend, Indiana 46601
234 -0121
Councilman Parent made a motion that the foregoing four petitions be referred to the Area Plan
Commission, seconded by Councilman Taylor. The motion carried.
ORDINANCES, SECOND READING
ORDINANCE NO. 5556 -73
AN ORDINANCE ESTABLISHING A SCHEDULE OF CHARGES
FOR SERVICES RENDERED BY THE WASTEWATER TREATMENT
PLANT OF THE CITY OF SOUTH BEND FOR THE TREATMENT
OF SEPTIC TANK DUMPINGS.
This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass,
seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Council
men Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
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) .
This ordinance had second reading. Councilman Kopczynski made a motion that the ordinance pass,
seconded by Council President Nemeth. The ordinance was defeated by a roll call vote of two ayes
(Councilman Kopczynski and Council President Nemeth) and seven nays (Councilmen Serge, Szymkowiak,
Miller, Parent, Taylor, Horvath and Newburn).
ORDINANCE NO. 5557 -73
AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN
THE MOTOR VEHICLE HIGHWAY BUDGET IN THE AMOUNT
OF $4,000.00 BETWEEN VARIOUS ACCOUNTS, ALL
ACCOUNTS BEING WITHIN THE MOTOR VEHICLE HIGHWAY
BUDGET.
This ordinance had second reading. Councilman Taylor made a motion that
seconded by Councilman Parent. The ordinance passed by a roll call vote
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn
ORDINANCE NO. 5558 -73
the ordinance pass,
of nine ayes (Councilmen
and Nemeth) .
AN ORDINANCE APPROPRIATING $25,000.00 FROM THE
FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED
TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC
SAFETY PROGRAMS, TO BE ADMINISTERED BY THE CITY
OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC
SAFETY.
This ordinance had second reading. Councilman Miller made a motion that the ordinance pass,
seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE NO. 5559 -73
AN ORDINANCE APPROPRIATING THE SUM OF $32,195.00
FROM THE CUMULATIVE SEWER BUILDING AND SINKING
FUND (RETENTION BASIN CONSTRUCTION).
This ordinance had second reading. Councilman Kopczynski made a motion to amend the ordinance by
the deletion of the figure $32,195.00 and the insertion in its place, wherever mentioned, of the
figure $32,438.00, seconded by Councilman Taylor. The motion carried. Councilman Newburn then
made a motion that the ordinance pass, as amended, seconded by Councilman Kopczynski. The ordina
passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor,
Kopczynski, Horvath, Newburn and Nemeth). Council President Nemeth indicated to City Attorney
Roemer that he hoped this same type of situation would not happen again when contracting for con-
struction projects.
RESOLUTIONS
RESOLUTION NO. 381 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, CREDITING ANNE MARGER WITH
FOUR YEARS OF PUBLIC SERVICE WITH THE ST. JOSEPH
HEALTH DEPARTMENT AND THEREBY QUALIFYING HER FOR
A FIFTEEN -YEAR PENSION.
REGULAR MEETING AUGUST 13 1973
REGULAR MEETING - RECONVENED (CONTINUED)
WHEREAS, the Common Council of the City of South Bend recognizes that Anne Marger
has served continuously from 1932 to January, 1962, as a school nurse in the South Bend
School system and from January, 1962, to 1973 with the St. Joseph County Health Department.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Common Council that Anne Marger is
hereby credited with four years of service by the City of South Bend, Indiana, for pension
purposes and thereby.qualifies for a fifteen -year pension.
s/ Roger 0. Parent
Member of the Common Council
A public hearing was held on the resolution at this time. A question was raised as to the reason
for the resolution, and Council President Nemeth indicated that the request had been made by the
Council. Councilman Parent made a motion that the resolution be adopted, seconded by Councilman
Serge. The resolution passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak,
Miller, Parent, Taylor, Horvath, Newburn and Nemeth) and one nay (Councilman Kopczynski).
ORDINANCES, FIRST READING
ORDINANCE AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND
TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF
SOUTH BEND, INDIANA.
This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for
public hearing and second reading on September 10, 1973, seconded by Councilman Parent. The moti
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 (BROADMOOR SHOPPING CENTER).
This ordinance had first reading. Councilman Miller made a motion that the ordinance be referred
the Area Plan Commission, seconded by Councilman Parent. The 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 (1404
KINYON STREET).
This ordinance had first reading. Councilman Horvath made a motion that the ordinance be referred
to the Area Plan Commission, seconded by Councilman Parent. The 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 (EAST OF IRELAND
ROAD CONTIGUOUS TO MONTGOMERY WARD AND THE SCOTTSDALE
MALL PROPERTY) .
This ordinance had first reading. Councilman Parent made a motion that the ordinance be referred
to the Area Plan Commission, seconded by Councilman Miller. The motion carried.
ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68,
COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE
CITY OF SOUTH BEND, INDIANA (1989 PRAIRIE AVENUE).
This ordinance had first reading. Councilman Kopczynski made a motion that the ordinance be
referred to the Area Plan Commission, seconded by Councilman Miller. The motion carried. (Counci:
President Nemeth abstained.)
ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE
OF DEFRAYING THE EXPENSES OF THE SEVERAL DEPARTMENTS
OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND,
INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1,
1974, AND ENDING DECEMBER 31, 1974, INCLUDING ALL
OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A
TIME WHEN THE SAME SHALL TAKE EFFECT.
This ordinance had first reading. Councilman Parent made a motion that the ordinance be set for
public hearing and second reading on August 27, 1973, seconded by Councilman Horvath. The motion
carried.
ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE
FIRE DEPARTMENT BUDGET IN THE AMOUNT OF $9,100.00
FROM ACCOUNT Q -11, "SERVICES PERSONAL ", TO ACCOUNT
Q -221, "ELECTRIC CURRENT ", IN THE AMOUNT OF $3,000.00,
TO ACCOUNT Q -224, "WATER ", IN THE AMOUNT OF $600.00, TO
ACCOUNT Q -252, "REPAIR OF EQUIPMENT ", IN THE AMOUNT OF
$3,500.00, AND TO ACCOUNT Q -430, "REPAIR PARTS ", IN THE
AMOUNT OF $2,000.00, ALL ACCOUNTS BEING WITHIN THE FIRE
DEPARTMENT BUDGET IN THE GENERAL FUND.
This ordinance had first reading. Councilman Horvath indicated that this matter was a very impor-
tant one within the Fire Department, and he requested that the matter be set for public hearing
and second reading on August 27, 1973. Council President Nemeth indicated that he had discussed
REGULAR MEETING AUGUST 13, 1973
11 H
(REGULAR MEETING - RECONVENED (CONTINUED)
the matter
changed.
reading on
((ORDINANCE
with an assistant fire chief and he had been informed that the figures might possibly b
Councilman Parent made a motion that the ordinance be set for public hearing and second
August 27, 1973, seconded by Councilman Serge. The'motion carried.
This ordinance
public hearing
carried.
((ORDINANCE
This ordinance
public hearing
motion carried.
AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN
THE POLICE DEPARTMENT BUDGET IN THE AMOUNT OF
$5,500.00 FROM ACCOUNT P -12, "SERVICES PERSONAL ",
TO ACCOUNT 724, "RADIO EQUIPMENT ", BOTH ACCOUNTS
BEING WITHIN THE POLICE DEPARTMENT BUDGET OF
THE GENERAL FUND OF THE CITY OF SOUTH BEND,
INDIANA.
had first reading. Councilman Miller made a motion that the ordinance be set for
and second reading on September 10, 1973, seconded by Councilman Taylor. The moti
AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION
OF $8,030.00 FROM THE FEDERAL ASSISTANCE GRANT
FUND, COMMONLY KNOWN AS GENERAL REVENUE SHARING,
TO ACCOUNT 722, "PROPERTIES ", OF FEDERAL ASSIS-
TANCE PROGRAM FA -5, "MOTOR VEHICLE HIGHWAY EQUIPMENT ",
TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA,
THROUGH ITS DEPARTMENT OF PUBLIC WORKS.
had first reading. Councilman Miller made a motion that the ordinance be set for
and second reading on September 10, 1973, seconded by Councilman Horvath. The
Chief Deputy Controller Walter Lantz indicated that the agenda did not include the tax levy
ordinance which was incorporated into the budget ordinance. He requested the Council give first
reading to the tax levy ordinance. Councilman Newburn made a motion to waive the rules in order
to have first reading on the ordinance, seconded by Councilman Parent. The motion carried by a ro
call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath,
Newburn and Nemeth).
II ORDINANCE
This ordinance
public hearing
motion carried.
ANEW BUSINESS
AN ORDINANCE LEVYING TAXES AND FIXING THE
RATE OF TAXATION FOR THE PURPOSE OF RAISING
REVENUE TO MEET THE NECESSARY EXPENSE FOR
THE FISCAL YEAR ENDING DECEMBER 31, 1974.
had first reading. Councilman Miller made a motion that the ordinance be set for
and second reading on August 27, 1973, seconded by Councilman Kopczynski. The
Councilman Parent indicated that he wished to commend the Police Department for their efforts re-
garding the incident at the Odd Fellows Building recently. Councilman Kopczynski also indicated
that the department should be commended for apprehending the criminals and thieves who are a mena
to the community, and he mentioned that he had been robbed recently and the persons responsible h
been caught.
Councilman Serge indicated that he had been having a problem in his district at 501 Navarre Street
of a tow truck being constantly parked on the lawn. He indicated that the person responsible had
been warned of the violation. City Attorney Roemer indicated that he could arrange to have the
police make an investigation of the premises. He indicated that he would check into the matter.
There being no further business to come before the Council, unfinished or new, Councilman Kopczyns]
made a motion that the meeting be adjourned, seconded by Councilman Taylor. The motion carried anc
the meeting adjourned at 9:40 p.m.
ATTEST:
CITY CLERK
APPROVED
P SIDENT
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