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HomeMy WebLinkAbout02-11-74 Council Meeting Minutes++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ *Y+I + + + + + + + + + + + + + + + + + + + + + + + + + ++ REGULAR MEETING FEBRUARY 11, 1974 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, February 11, 1974, at 7:00 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, February 11, 1974, at 7:01 p.m., with nine members present. Chairman Odell Newb presided. ORDINANCE AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO ST. JOSEPH DEVELOPMENT CO. INC. Council President Nemeth made a motion that the ordinance be referred to-the Committee on Ordinanc seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $13,116.00 FROM THE FEDERAL ASSISTANCE GRANT 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. Mr. Larry Lowe, Director of the Computer Center f REGULAR MEETING FEBRUARY 11, 1974 (COMMITTEE OF THE WHOLE MEETING (CONTINUED) for the South Bend Community School Corporation, made the presentation for the ordinance. He state that the appropriation would be used in the Department of Public Safety to provide a project director for the police data processing operation. The purpose is to contract with the school computer a person to fill the position, there presently being a person on the staff with a degree and experience in the particular field. Mr. Lowe explained that the person's responsibility would be to define and outline all tasks to be done for the Police Department and review with the department and the Data Processing Center the needs as far as data processing was concerned. The person hired would also be responsible to design and recommend for implementation all new projects and assist in the preparation of additional federal grants. Mr. Gene Evans, Assistant Executive Secretary of the Civic Planning Association, wondered when the service would begin, and Mr. Lowe stated that Sergeant Knepper would be leaving February 15th, and the person chosen for the position has been working with him. Mr. Evans asked if the amount of $13,116 was for the full year, and Mr. Lowe stated that it might be possible to reduce the amount for 1974. Mr. Walter Lantz, Deputy Controller, indicated that the ordinance had been amended by the Council at the last meeting and reset for public hearing at this time. He stated that it was anticipated that Sergeant Knepper would continue in the position; however, he would be leaving the 15th. Mr. Lantz stated that the individual would not receive any more than his monthly salary. H indicated that the contract reads "not to exceed $13,116 for the services rendered ". Council President Nemeth wondered if the ordinance could be amended to reduce the amount somewhat. Mr. Lantz stated that, if that was the case, he would have to figure what the salary for the remainder of the year would be. Council President Nemeth made a motion to amend the ordinance by reducing the amount of $13,116 to $12,000, seconded by Councilman Taylor. The motion carried. Councilman Parent then made a motion that the amended ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) 219 EAST IRELAND ROAD. 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 at Law practicing in the First Bank Building, made the presentation for the ordinance. He stated that he represented the petitioner, Associates Bancorp, Inc., a daughter corporation of Associates Corporation of North America, and the owners of the property in question. He outlined the area in question on the overhead projector. He explained that the petition would rezone the entire lot to "C -2" Planned Shopping Center District. Some time ago, the whole lot had been rezoned to "C" Commercial. The reason for the rezoning was that, at one time, it was suggested that the property to the east would be rezoned as such and it would be consistent to zone and keep the area in the same classification. The only change would be for the north half to be used for an insurance company office and claims building. The property would then tie into the property on the east sid in order that a main access point could be used to help the traffic situation. Mr. Dunfee stated that there were no remonstrators at the Area Plan Commission hearing and the petition had been returned to the Council with a favorable recommendation subject to a resolution concerning access easements and a final site plan. He indicated that the easement has been prepared and would be submitted to Area Plan before approval of the site plan could be given. Councilman Miller expressed concern over the developments to the west of the property in question. He stated that, at one time, a certain petitioner had requested an easement on property owned by Associates to the west. He wondered about this. Mr. Dunfee was of the opinion that this matter would be resolved and the easement given for the strip of land between the two properties. Chairn Newburn indicated that he thought this was the feeling of the Council and that the Council hoped this could be accomplished. Councilman Taylor asked if there was an access to the east -west roadxA Mr. Dunfee indicated that this property does not have access; however, the Golden Bear property does have access to Norman Street. Council President Nemeth asked if the Council would have to amend the ordinance, changing the classification from "C" Commercial to "C -2 Planned Shopping Cent Mr. Dunfee requested that the Council do so. Council President Nemeth made a motion to amend the ordinance by changing the zoning classificatioi to "C -2" Planned Shopping Center, seconded by Councilman Taylor. The motion carried. Councilman Szymkowiak then made a motion that the amended ordinance go to the Council as favorable, seconded k Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) SOUTH SIDE OF IRELAND ROAD. 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 at Law practicing in the First Bank Building, made the presentation for the ordinance. He stated that he represented the petitioners, Mr. Hartwig and Mr. Locker, developers of the property in question. He stated that they were not owners of the land, only developers with the option to purchase the land from the owners. He referred to the overhead projector designating the area in question. The petition sought to rezone the property from Residential to "C -2 ". He requested that the Council amend the ordinance to change the legal description of the property because of reducing the area tc be rezoned to the south. He indicated that the Area Plan Commission had ruled unfavorably on the rezoning not in objection to the rezoning but because of development of the property south along the K -Mart east property line. Council President Nemeth made a motion to amend the ordinance to exclude that portion of the land south along the K -Mart east property line, seconded by Councilman Kopczynski. The motion carried. Mr. Dunfee further indicated that the amendment to the ordinance had been considered by the Area Plan Commission. He stated that, at the time of the public hearing, there were four remonstrators 5_32 REGULAR MEETING FEBRUARY 11, 1974 11COMMITTEE OF THE WHOLE MEETING (CONTINUED) present. He briefly talked about the traffic control and widening of Ireland Road. Regarding assessed valuations, the property came to $25,100 and soon would be in the vicinity of $93,000 with the improvement and widening of Ireland Road. Mr. Fred Wilson, 4701 Fellows, indicated that he had attended a meeting on the energy problem and despite all that had been said, the fact remained that there has been no plans for the future. He then talked about the good job the Area Plan Commission has been doing in the past in planning for the future. He talked about the various improvements in the community and then commented on the rezoning in question. He felt the Council should develop the city in an orderly and consistent manner. Mr. Russell Bergman, 4523 Fellows, indicated that he had given verbal consent to the developers; however, his wife strongly objected to the rezoning. H indicated that he would not be in favor of the rezoning for that reason. Mr. Robert Rayl, 4707 Fellows, referred to the overhead projector. He indicated that his area had been annexed to the city against the peoples' wishes and they had accepted that. He stated that a 200 -foot acreage was purchased by the property owners along the K -Mart property in order to keep the area from becoming commercial. He expressed concern about the whole area becoming commercial and the problem of acces off Ireland Road. He felt that the area north was already rezoned commercial and that area should used for commercial purposes. Mr. Tony Miller, 4637 Fellows, also referred to the overhead projec- tor. He indicated that he would not sign the agreement presented by the developers to the property owners giving consent to the rezoning. He talked about the traffic problem and access on Ireland Road. He felt a greater traffic problem would be the result of the rezoning if approved. He indicated that he did not want to stop progress but he was hopeful that the neighborhood could be preserved. He presented to the Council the agreement that the developers had requested the propert owners to sign. He indicated that he strongly opposed the rezoning. Mr. George Williamson, 4717 Fellows, indicated that he felt the area was a beautiful area and he had lived there for seven year He did not want to see it become commercial. Mr. Dunfee indicated that he was sorry for the feelin caused by the rezoning; however, he felt the developers had displayed a great deal of good will in attempting to rezone the property in question. He mentioned that notices had gone out to the property owners of the Area Plan Commission hearing, and the public hearing being held at the present time before the Council had been advertised. He suggested that perhaps in future rezonings the Council authorize the petitioner to send a notice of the Council meeting to all property owners affected by the rezoning, as is done before the Area Plan.Commission hearing. Mr. Dunfee then stated that, at the time the K -Mart property was rezoned, it was suggested that the people have a buffer for that property. He stated that Mr. Miller is the northerly most owner of property to the area in question and is closer to the back door of the K -Mart complex. He talked about the dis tances of the other homes in relation to the property in question. He stated that property, under the zoning ordinance, cannot be used for any other purpose than that shown on the site plan, and the developers were looking to the future and planning for it. There are.plans to install an addi- tional signal at Ireland Road in order to allow the people access to Ireland. He stated that it would be some number of months before development of the property could even be started, whereupon Mr. Miller indicated that Mr. Dunfee had fabricated his rebuttal. Mr. Dunfee indicated that there was no subterfuge. He asked that the Council refer to the agreement that was presented to them that was drafted by.the developers. The agreement showed, in Exhibit C, a purchase price to the three abutting property owners of $3,200 for two lots, another lot at $1,600 and another lot at $1,500. He stated that this figured out to 8� a foot. He referred to paragraph 1 whereby the developers agreed to amend the petition to exclude that portion of the property in objection. There were comments made from persons in the audience, at which time, Mr. Dunfee questioned the procedure of rebuttal. He asked that he be allowed to speak in rebuttal and then discussion be terminated. Chairman Newburn indicated that he was giving everyone an opportunity to speak. Mr. James Roemer, City Attorney, stated that, normally, it is the procedure for a petitioner to present his petition with the remonstrators being given an opportunity to speak and then rebuttal from the petitioner only. He felt that the Council could allow further discussion; however, it would then only be fair to allow Mr. Dunfee to speak again. Councilman Szymkowiak felt anyone who had not spoken should be allowed to speak. Mr. James R. Settles, 244 Ireland Road, indicated that he owned property in the middle of the commercial area and he "wanted out ". He stated that he did not have l) access to Ireland Road. He could not understand how the properties all around him could be rezoned to commercial and he left in the middle. Mr. Rayl and Mr. Wilson again spoke against the rezoning. Councilman Taylor referred to the overhead projector and the establishment of the commercial properties in the area. He stated that this was just the beginning of commercial development. The area was logical for commercial development; however, there were many beautiful homes in the area also. He understood the viewpoint of the people who wanted to sell out. He felt that the majority of the residents wanted to keep the area residential. He indicated that he would abide by the wishes of the people in his district and would oppose the rezoning. Councilman Parent indicate, that he had objected to the rezoning because of the extension south of the K -Mart property line. He asked Mr. Johnson to speak on the matter. Mr. Richard S. Johnson, Director of the Area Plan Commission, referred to the overhead projector and indicated that the land is shown for commercial' development on the land -use map. He stated that the commission recommended that this go to the Council unfavorably only because of the extension south of the K -Mart property line. Councilman Serge talked about traffic counts on Ireland Road. He understood why the residents wanted to sell.' He indicated that he had understood that a buffer zone was to be given to the residents of 200 feet He stated that, apparently, some of the residents had agreed to that. He asked if that was the case. Mr. James Locker, one of the developers in the matter, indicated that the Area Plan Commissi had accepted the 200 -foot buffer. Mr. Locker referred to the overhead projector and indicated that it was proposed that commercial zoning would be stopped at a point allowing the residents the right to acquire the property for the buffer zone. Councilman Szymkowiak wondered what would happen should the residents decide not to purchase that land. Mr. Dunfee stated that, if the property was not purchased, it would remain in the residential classification. He indicated that the developers do not have any plans to seek commercial rezoning in the buffer area. Mr. Locker indicated that he would go on record stating that the area would remain in its present zoning whether it was pur- chased or not. Council President Nemeth asked what would be built on the site, and Mr. Dunfee indicated that the developers did not know exactly what would be constructed because the property was being rezoned to "C -2" Planned Shopping Center and that classification allowed 43 uses. He stated that the area would be governed by the zoning regulations. Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IDENTIFIED AS ORDINANCE NO. 4990, ORDINANCE NO. 3702, AS AMENDED, TO THE e s COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE (CONTINUED) EXTENT IT MUNICIPAL SECTIONS AMENDED, EFFECTIVE IS STILL EFFECTIVE, AND THE CODE OF SOUTH BEND, INDIANA, 40 -1 TO SECTIONS 40 -43, AS TO THE EXTENT IT IS STILL . ( 2 5 3 0 KENWOOD) . 33 This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. There was no one present to make the presentatio and no questions were asked or comments made. Councilman Kopczynski made a motion that the ordina go to the Council as favorable, seconded by Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO. .4990 -68, AS AMENDED, AND GENERALLY KNOWN .AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING PROVISIONS RELATIVE TO SIGNS AND OUTDOOR ADVERTISING. Council President Nemeth made a motion that the ordinance be referred to the Council Committee on Ordinances for further study, seconded by Councilman Taylor. The motion carried. Councilman Taylor made a motion to recess, seconded by Councilman Parent. The motion carried, and the Committee of the Whole recessed at 8:23 p.m. Reconvened at 8:35 p.m. ORDINANCE AN ORDINANCE APPROPRIATING $497,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE CIVIC CENTER AUTHORITY PROJECT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF COMMUNITY DEVELOPMENT AND DEPARTMENT OF PUBLIC WORKS. 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, Contract Administrator for the Civic Center Authority, made the presentation for the ordinance. He outlined the breakdown of the appropriation ordinance as it appeared in Section 1. He indicated that the Design Development Phase for $186,000 would take the city up to June 30, 1974, and the amount of $60,000 for the Specialty Area Consultants would take the city up to November, 1974. He indicated that the appropriation was established as a priority in the community forum meetings held over one-year ago on the revenue sharing funds. He introduced Mr. Richard Rosenthal, Chairman of the Civic Center Authority, who made a few comments regarding the Civic Center. Mr. Rosenthal thanked the Council for the opportunity to speak. He stated that the definition of the complex was very impor tant because no other community has such a need for a multi - purpose building for activities within the entire community. He indicated that there would be classrooms, studios, galleries, a conferen and convention center, an area for recreation and education, a display area and the central court. He felt it was the city's obligation to pay an estimated $11 million share of the cost of the Downtown Renewal Project. He indicated that, to date, the city has earned approximately $4.5 million in credits toward its share, and additional credits could be earned through construction of the Civic Center. He thanked the Council and the Mayor and the many individuals and organiza- tions that helped on the project. Total expenditures for 1973 totalled $272,587.26 and $79,288.45 of the amount budgeted for 1973 was encumbered, for a total amount expended or encumbered of $351,875.71. The budget request for 1974 was $561,079 which included $64,079 from the 1973 budget. Mr. Rosenthal stated that the groundbreaking has been set for July 4th with completion of the complex to be celebrated in 1976. He extended a special invitation to the Council members for both events. Mr. Ed Soltez, 402 Altgeld, wondered how much money had been raised for the Civic Center project at the present time. Mr. Rosenthal indicated that the fund drive was scheduled to start in May. He stated that much of the money contributed to date has been contribued without solicitation. He thought that pledges had been received in the amount of $320,000. The pledges were given strictly for construction costs. Mr. Soltez wondered why a director was needed at the present time for $20,000 when construction of the complex had not yet begun. Mr. Rosenthal stated that, in last year's budget, money had been allocated for this. He indicated that a facility such as the Civic Center requires a man to be on board to make sure the facility is being built in accordance with the desires of the community and the specifications. The director would also assist and help in the development of bookings and programs to be put into the facility in order that an adequate schedule of events will be obtained. Also, this person could be very valuable as far as administra tive assistance in the fund drive. Mr. Soltez thanked Mr. Rosenthal for his explanation. He mentioned that the Civic Center in Indianapolis had created many problems. He hoped the Civic Cent for South Bend and the community would have no problems such as those experienced in Indianapolis. Mr. Gene Evans, Assistant Executive Secretary of the Civic Planning Association, wondered if office equipment would be available from the Redevelopment Office so that additional equipment would not have to be purchased. Mr. Lennon indicated that, after December 31, 1974, he would lend whatever equipment he could; however, $2,000 was needed at present to purchase the initial normal office equipment. Mr. Evans felt there was a great deal of excitement generated from the Civic Center. He also felt there was a fair amount of "head shaking" because of the large amount of money being expended for the project. He stated that the future is very uncertain at the present time, and he. wondered if the city could "make a go of this in a recession ". Mr. Lennon felt that the amount of money the project would generate was very important and must be considered. He stated that a great deal of revenue would be coming into the city because of use of the center for convention purposes, etc. Mrs. Shirley Siekmann of the Michiana Arts and Sciences Council has long supported such a project. Mr. Richard Russell, Executive Committee of the South Bend - Mishawaka Chamber of Commerce Convention Bureau, also spoke in support of the appropriation. He stated that the convention area within the Civic Center complex would bring additional revenue into the community, and this was a very important consideration. Mr. Conrad Damian, 718 East Broadway, wondered how so much money I 3 REGULAR MEETING FEBRUARY 11, 1974 11COMMITTEE OF THE WHOLE MEETING (CONTINUED) could be spent on the Civic Center when there were so many other pressing needs of the citizens. He stated that his area had gone a long time without needed facilities. He felt the private sector should become involved and that industry should do its fair share for the project. He hoped the money could then stop coming from the taxpayers. Chairman Newburn felt the inner city was going downhill. He stated that the industry coming into the city was constantly concerned about civic activities within the city, and he felt this was very important in order to try to bring industry into the city. He felt the Civic Center would take care of itself on the conventions coming into the city. He stated that people have talked about the poor people not being involved in the Civic Center. He felt this was not true and that there would be facilities for everyone to utilize. Councilman Parent asked about the major expenditures incurred -in the fund raising, whether or not the $10,000 for demolition of the generator plant would be sufficient, and the amount of money spent so far for architect's fees. Mr. Rosenthal indicated that $76,938.45 had been expended for architect's fees and the total bill would be in the area of $750,000. For fund raising, monies wil be used to compensate professionals who are directing the campaign. He stated that $30,000 was needed to conduct a $4 million drive. Usually, 10 to 15% of the money raised is needed for fund raising expenses. Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. The motion carried. II nPnTNAMrR AN ORDINANCE APPROPRIATING $22,000.00 FROM THE FEDERAL ASSISTANCE GRANT 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Jack Bland, Fire Chief, made the presentati for the ordinance. He explained that $22,000 was requested in order to replace a 1953 Seagrave tractor that pulls a 100' tiller. He stated that the mechanical condition of the equipment and t fact that no replacement parts are available has caused many problems with the vehicle. Chief Bland indicated that the aerial ladders appear substantial but the hydraulic system needed work. Chief Bland felt $22,000 was a sufficient figure needed for the transfer of the wheel equipment a the installation of the air brakes. He added that a complete new aerial unit would cost the city approximately $100,000. Councilman Serge asked about the life of the equipment. Chief Bland indicated that the complete new unit at a cost of $100,000 would last approximately 15 years. He was hopeful that the city could get 10 years' service from the particular piece of equipment being requested for $22,000. Council President Nemeth asked if the bids had been let for the equipment, and Chief Bland indicated that he wanted assurance from the Council before the item was advertised. He felt the amount of $22,000 would be sufficient. Councilman Kopczynski asked about the number of pieces of equipment bids have been received on and how many firms Chief Bland had checked into for prices. Chief Bland stated that he had checked into International Harvester, Ford, etc. His request was ,based on a Mack unit because of the experience had with the last four pumpers. Councilman Kopczynski wondered about any problems the department has had on the Mack units, and Chief Bland indicated that he has not had any major problems with the equipment. (Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Taylor made a motion to rise and report to the Council, seconded by Councilman Horvath. The motion carried. ATTEST: v ATTES CITY CLERK ;CHAIRMAN 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 9:16 p.m., Council President Nemeth presiding and nine membe3 present. REPORT 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 January 28, 1974, regular meeting of the Council and found them correct. They, therefore., recommend that the same be approved. s/ Peter J. Nemeth 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. REPORT 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 Kopczynski. The motion carried by a roll call vote of nine ayes (Councilor Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath,.Newburn and Nemeth). REGULAR MEETING - RECONVENED (CONTINUED) REPORT FROM AREA PLAN COMMISSION The Honorable Common Council January 30, 1974 City of South Bend 4th Floor, County -City Bldg. South Bend, Indiana 4.6601 In Re: A proposed ordinance and site development plan of Roland W. Goheen to zone from "B" Residential, "B" Height and Area, to "C" Commercial, "C" Height and Area, property located at Osborne and George Streets in Frantz's 2nd and 3rd Addition to the City of South Bend Gentlemen: The attached rezoning petition of Roland W. Goheen was legally advertised on January 5, 1974, and January 12, 1974. The Area Plan Commission gave it public hearing January 15, 1974, at which time the following action was taken: "Upon a motion by Roger Parent, being seconded by John Peddycord and carried with Robert Lehman abstaining, the petition of Roland W. Goheen to zone from "B" Residential to "C" Commercial, property located at Osborne and George Streets, in Frantz's 2nd and 3rd Addition to the City of South Bend is unfavorably recommended to the Common Council by the Area Plan Commission as it would be detrimental to the residential area and would not conform to the proposed sign ordinance for the City of South Bend." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of that public hearing and will be forwarded to you at a later date to be made a part of this report. RSJ:lari cc: Wm. Voor, Jr. Roland W. Goheen Very truly yours, s/ Richard S. Johnson Executive Director Councilman Newburn made a motion that the ordinance referred to in the report be set for public hearing and second reading on February 25, 1974, seconded by Councilman Taylor. The motion carried. IREPORT FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS Mr. Rollin Farrand, Director of the Department of Public Works, made his quarterly report to the Council. He talked about the expansion at the Wastewater Treatment Plant. He then introduced Mr. Dave Irwin, Project Engineer. Mr. Irwin stated that the major reason for the expansion was to remove phosphates from the water. Additionally, there were two major sections to the plant. There were some changes made in the primary sections of the plant which were operational changes. At the present time, the secondary portions of the plant were being used. The chemical portion of the plant has been completed and is running and no additional chemicals are being added. Other portions of the plant would be completed in March, and in May, the plant would go into full -scale operation. The only thing remaining after May would be the scum burner. Councilman Newburn indicated that he had viewed the actual operation and stated that it had been quite an experience. He felt it was very interesting as it was a very complex and important operation. He did feel there should be additional lab area, and he asked about this. Mr. Irwin stated that there were plans to expand the laboratory and add a conference room sometime in the future. Councilman Newburn felt this was necessary. Council President Nemeth thanked Mr. Irwin for his presentation. (PETITION TO AMEND ZONING ORDINANCE I (We), the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at the southwest corner of South Michigan Street and Chippewa Avenue. 2. The property is owned by the Estate of Estelle Cover, First Bank and Trust Company of South Bend, Executor. 3. A legal description of the property is as follows: A tract of land in the Northwest Quarter (1/4) of Section 25, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the point of intersection of the South line of Chippewa Avenue and the East line of South Main Street in the City of South Bend, thence Southerly along the East line of Main Street a distance of Seven Hundred Twenty and Eighty Hundredths (720.80) feet to the Southwest corner of Lot 66 in Chippewa Heights Subdivision, thence Easterly along the North line of said Lot 66 a distance of Three Hundred Thirty -one and Thirteen Hundredths (331.13) feet to the West line of South Michigan Street, thence Northerly along the West line of Michigan Street a distance of Four Hundred Eighty -one and Sixty -eight Hundredths (481.68) feet to a point of REGULAR MEETING FEBRUARY 11 1974 11REGULAR MEETING - RECONVENED (CONTINUED) IIPETITION TO AMEND ZONING ORDINANCE (CONTINUED) curve, thence Northwesterly along a curve to the left, said curve having a radius of Two Hundred Eighteen and Eighty -seven Hundredths (218.87) feet, an arc distance of Three Hundred Sixty -seven and Forty -two Hundredths (367.42) feet to the South line of Chippewa Avenue, thence West along said South line a distance of One Hundred Four and Seventeen Hundredths (104.17) feet to the point of beginning, containing 5.31 acres.. 4. It is desired and requested that the foregoing property be rezoned: From "B" Residential Use and "A" Height and Area District To "C" Residential Use and "A" Height and Area District. No change in height and area zoning classification is proposed. 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed: A one -story structure housing an A & P grocery store and a greenery store selling artificial flowers and gifts; and a retail carpet store. All existing structures consisting of a house and out- buildings are presently in the process of being removed from the property. 6. Number of off - street parking spaces to be provided: approximately 283. 7. Attached is (a) an original ordinance and 25 copies; (b) an original petition and 20 copies: (c) a $10 filing fee; (d) an existing plot plan showing my property and other surrounding properties; (e) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be.rezoned; and (f) 5 copies of a site development plan; and (g) consent and request of owner for rezoning. City of South Bend By: s/ Robert M. Parker Chief Deputy City Attorney Department of Law Petition Prepared by: County -City Complex Robert M. Parker 227 West Jefferson Boulevard South Bend, Indiana 46601 Council President Nemeth indicated that action on the petition would be taken when the ordinance pertaining to it had first reading. IIORDINANCES, SECOND READING Ir•Te7MINEwi lid AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PER- TAINING TO ST. JOSEPH DEVELOPMENT CO. INC. 1Councilman Taylor made a motion that the ordinance be referred to the Ordinance Committee, seconded by Councilman Kopczynski. The motion carried. IIORDINANCE NO. 5635 -74 AN ORDINANCE APPROPRIATING $13,116.00 FROM THE FEDERAL ASSISTANCE GRANT 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 to amend the ordinance by reducing the amount of $13,116 to $12,000, seconded by Councilman Taylor. The motion carried. Councilman Taylor then made a motion that the ordinance pass, as amended, seconded by Councilman Parent. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). IIOROINANCE NO. 5636 -74 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) - 219 EAST IRELAND ROAD. This ordinance had second reading. Councilman Miller made a motion to amend the ordinance by changing the zoning classification from "C" Commercial District to "C -2" Planned Shopping Center District and the legal description as follows: Lot Numbered One Hundred Sixty -four (164) as shown on the recorded Plat of Myers and Funks Third Plat of Chippewa Heights Addition to the City of South Bend. Councilman Parent seconded the motion. The motion carried. Councilman Szymkowiak then made a motion that the ordinance pass, as amended, seconded by Councilman Taylor. The ordinance passed a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING FEBRUARY 11, 1974 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5637 -74 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) - SOUTH SIDE OF IRELAND ROAD. s ordinance had second reading. Councilman Parent made a motion that the ordinance be amended changing the legal description as follows: A parcel of land in the Southwest One - Quarter (1/4) of Section 25, Township 37 North, Range 2 East, described as commencing at the Northwest corner of Lot Numbered 21 in Hawblitzel's Addition, which point is also on the South side of Ireland.Road; thence West along the South side of Ireland Road 553.7 feet; thence South 300 feet; thence East on a line parallel to the South line of said Ireland Road 553.7 feet, more or less; thence North, 300 feet, more or less, to the place of beginning in St. Joseph County, Indiana, containing 3.81 acres, more or less. Councilman Kopczynski seconded the motion. The motion carried. Councilman Newburn then made a motion that the ordinance pass, as amended, seconded by Councilman Kopczynski. The ordinance pass by a roll call vote of seven ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Kopczynski, Newburn and Nemeth) and two nays (Councilmen Taylor and Horvath). ORDINANCE NO. 5638 -74 AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IDENTIFIED AS ORDINANCE NO. 4990, ORDINANCE NO. 3702, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE, AND THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, SECTIONS 40 -1 TO SECTIONS 40 -43, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE (2530 KENWOOD). This ordinance had second reading. Councilman Horvath 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 AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING PROVISIONS RELATIVE TO SIGNS AND OUTDOOR ADVERTISING. Councilman Newburn made a motion that the ordinance be referred to the Ordinance Committee, seconded by Councilman Kopczynski. The motion carried. ORDINANCE NO. 5639 -74 AN ORDINANCE APPROPRIATING $497,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE CIVIC CENTER AUTHORITY PROJECT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF COMMUNITY DEVELOPMENT AND DEPARTMENT OF PUBLIC WORKS. This ordinance had second reading. Councilman Kopczynski made a motion to amend the ordinance by changing the administration of the program from the Department of Community Development and Department of Public Works to the Civic Center Authority, wherever mentioned, and, in the title of the ordinance, delete the word "Authority" as it pertains to the Civic Center Project. Councilman Miller seconded the motion. The motion carried. Councilman Taylor indicated that he has supporte the project and would continue to do so in the future; however, a report was due at the end of the month and his continued support of the project would be dependent on the figure of the entire project being $10 million to $12 million. He stated that, if the project was more than that, he did not want any more revenue sharing funds used for the project. Councilman Serge felt the firms within the community should have been given the opportunity to design the structure. Councilman Taylor then made a motion that the ordinance pass, as amended, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Paren Taylor, Kopczynski, Horvath, Newburn and Nemeth). ZDINANCE NO. 5640 -74 AN ORDINANCE APPROPRIATING $22,000.00 FROM THE FEDERAL ASSISTANCE GRANT 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 Horvath made a motion that the ordinance pass, seconded by Councilman Newburn. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). IRESOLUTIONS RESOLUTION A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR ST. JOSEPH DEVELOPMENT CO. INC., BY THE ISSUANCE BY THE CITY OF SOUTH BEND, REGULAR MEETING FEBRUARY 11 1974 11REGULAR MEETING - RECONVENED (CONTINUED) 11RESOLUTION (CONTINUED) INDIANA, OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO SUCH FACILITIES FOR SUCH ENTITY WILL BE OF BENEFIT TO THE HEALTH OR WELFARE OF THIS MUNICIPALITY, AND APPROVING THE FINANCING THEREFOR. ICouncilman Parent made a motion that the resolution be referred to the Ordinance Committee as requested by the petitioner, seconded by Councilman Taylor. The motion carried. IIRESOLUTION NO. 409 -74 A RESOLUTION CREATING A NEW ACCOUNT, FA1 -430.0 "REPAIR PARTS" WITHIN THE MAJOR CLASSIFICATION "MATERIALS" OF THE FEDERAL ASSISTANCE PROGRAM FAl "MOTOR VEHICLE HIGHWAY" AND TRANSFERRING $12,000.00 FROM ACCOUNT FAl -423 "EMULSION ", BOTH ACCOUNTS BEING WITHIN THE SAME MAJOR CLASSIFICATION OF THE FEDERAL ASSISTANCE PROGRAM FAl "MOTOR VEHICLE HIGHWAY" OF THE FEDERAL ASSISTANCE GRANT FUND OF THE CITY OF SOUTH BEND, INDIANA. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget, so that it is now necessary to appropriate more money than was appropriated in the annual budget for the various functions of City Government to meet such extraordinary conditions; and WHEREAS, additional funds are needed for Account FA1 -430.0 "Repair Parts ", to enable the Motor Vehicle Highway Department to properly perform its functions; and WHEREAS, a'surplus exists in another account where it is not presently needed. This surplus is shown more specifically as follows, to -wit: $12,000.00 In Account FAl -423 "Emulsion" NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: SECTION I. That a new Account FA1 -430.0 "Repair Parts" be created in the Federal Assistance Grant Program FAl "Motor Vehicle Highway ". SECTION II. That the Account FA1 -423.0 "Emulsion" be reduced by the amount of $12,000.00, and the like amount of $12,000.00 be appropriated and transferred to Account FA1 -430.0 "Repair Parts ". SECTION III. 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/ Odell Newburn Member of the Common Council A public hearing was held on the resolution at this time. Mr. Walter Lantz, Deputy Controller, explained the request. He indicated that the budget for repaif parts for 1973 had been depleted near the end of the year. A savings had been effected in the Emulsion Account of $12,000, and the department was requesting that this amount be transferred to the Repair Parts Account in order to liquidate some of the bills carried over in the account by the Municipal Services Facility. Councilman Parent made a motion that the resolution be adopted, seconded by Councilman Kopczynski. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Pare Taylor, Kopczynski, Horvath, Newburn and Nemeth). IIORDINANCES, FIRST READING 11ORDINANCE This ordinance had public hearing and carried. it nPnTNAMrR This ordinance had public hearing and carried. AN ORDINANCE CREATING A NEW ACCOUNT FA25 -726.0 "PROPERTIES" WITHIN THE FEDERAL ASSISTANCE GRANT PROGRAM FA25 "PARK DEPARTMENT ", AND TRANSFERRING $8,675.00 FROM ACCOUNT FA25 - 261..0 "SERVICES CONTRACTUAL ", BOTH ACCOUNTS BEING WITHIN THE FEDERAL ASSISTANCE GRANT PROGRAM FA25 "PARK DEPARTMENT" OF THE FEDERAL ASSISTANCE GRANT FUND OF THE CITY OF SOUTH BEND, INDIANA. first reading. Councilman Horvath made a motion that the ordinance be set for second reading on February 25, 1974, seconded by Councilman Taylor. The motion AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 8, SECTION 4 -48 (P), OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. first reading. Councilman Newburn made a motion that the ordinance be set for second reading on February 25, 1974, seconded by Councilman Horvath. The moti ., 3 REGULAR MEETING FEBRUARY 11, 1974 11 F REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE CUMULATIVE CAPITAL IMPROVEMENT FUND IN THE AMOUNT OF $125,000.00 FROM ACCOUNT 440.0 "OTHER MATERIALS" TO ACCOUNT 730.0 "LAND ", BOTH ACCOUNTS BEING WITHIN THE CUMULATIVE CAPITAL IMPROVEMENT FUND BUDGET OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Newburn made a motion that the ordinance be set for public hearing and second reading on February 25, 1974, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (SOUTHWEST CORNER OF MICHIGAN STREET AND CHIPPEWA AVENUE). This ordinance had first reading. Council President Nemeth wondered if the rezoning was the matte in which the City Attorney was representing a private party. Mr. James Roemer, City Attorney, indicated that the Board of Public Works had entered into a contract in which the purchase price o the land was contingent on the rezoning of the land. Council President Nemeth asked for a copy of the contract, and Mr. Roemer stated that he would have the contract for the Council within the week. Council President Nemeth felt this was a very serious matter. Councilman Taylor made a motion that the ordinance, along with the petition, be referred to the Ordinance Committee, seconded by Councilman Szymkowiak. The motion carried. (PRIVILEGE OF THE FLOOR Mr. Ed Soltez, 402 Altgeld, indicated that a couple meetings ago he had spoken to the Council on t problem of snow removal. He indicated that the same thing had happened to him again because of th recent snowfall. He wondered what was being done,about the proposed parking regulations for snow removal. Council President Nemeth indicated that Mr. Donald Decker, Street Commissioner, had met with the Council in caucus last week. A proposal had been submitted by the administration and Councilman Szymkowiak. He stated that the matter was in committee at the present time. Mr. Solte wondered when the matter would be coming out of committee, and Council President Nemeth indicated that he could not give a definite date. Mr. Soltez was persistent, and Council President Nemeth stated that he was hopeful the matter would come before the Council within a month. Mr. Gene Evans, Assistant Executive Secretary of the Civic Planning Association, talked about the privilege of the floor section possibly being moved to an earlier portion of the meeting in order to allow the citizens to speak. He stated that many of the meetings were quite lengthly and lastec quite late. Also, he stated that the Civic Planning Association had been surprised that an execu- tive order had been issued by the Mayor to establish a Bureau of Housing. He wondered about this. He felt this was a "foot in the door" operation. Council President Nemeth asked Mr. Roemer, City Attorney, to make a report concerning this matter, and Mr. Roemer indicated that he would do so at the next Council meeting. Councilman Miller wondered if anything had been done about the leaf pickup situation for the spri months. Mr. Donald Decker, Street Commissioners, indicated that the same equipment would be used in spring and there has been discussed the possibility of more leaf equipment, primarily for next fall. He stated that much of this rests on some type of ordinance to pick up leaves and restrict parking. Council President Nemeth asked if an appropriation had been made for purchase of leaf vacs. He asked whether any request for money for the leaf pickup program had been turned down by the Council. Several councilmen indicated that no request for money for leaf pickup had been turned down. Councilman Kopczynski stated that he had written a letter to the Police Chief requesting informat concerning foot patrol funds. He wondered if this information had been made available. It was indicated that the Police Chief was no longer at the meeting, and Mr. Roemer, City Attorney, stat that he would be happy to check into the matter. UNFINISHED BUSINESS Mr. James Roemer, City Attorney, indicated that, at the last Council meeting, there was discussion on the possibility of passing an ordinance restricting the hours of business establishments. He stated that he had researched the matter and was of the opinion that the city was not in a positioi to pass an ordinance because of constitutional reasons, equal protection, due process of law, etc. Mr. Roemer then indicated that he had been requested to check into the marking of the city -owned vehicles. He felt he was responsible to take action under the ordinance against persons who did not comply with the ordinance. He referred to a report made by Mr. John Walsh regarding the status of the vehicles. He stated that four of the cars have already been marked, the cars being driven by Mr. Barcome, Mr. Walsh, Mr. Krueper and Mrs. Gross. He indicated that all cars are in the proce of being marked and within 30 days of this date, all private passenger vehicles would be marked in accordance with the ordinance. He suggested that the dump trucks, etc.not be re- marked until replaced. He stated that these vehicles are already marked. He stated that approximately $12,000 would be required to mark all of the cars and trucks. Councilman Kopczynski asked if the gold emb: was being put on all the cars. He wondered about the cost of the decal. Mr. Roemer stated that the ordinance did not require the seal of the city on the cars. Mr. Donald Decker, Street Commissioner, indicated that the seal decals were purchased in January of 1972. He indicated that he could have that information to the Council if desired. Councilman Kopczynski asked that the matter be referred to the Motor Vehicle Committee. Council President Nemeth stated that the committee was no longer in existence as it had been a special committee; however, he would re -form the committee if desired. Councilman Kopczynski made a motion that the matter be referred to the committee, seconded by Councilman Parent. The motion carried. REGULAR MEETING FEBRUARY 11 1974 IIREGULAR MEETING - RECONVENED (CONTINUED) Councilman Newburn He hoped something that he would bring There made and t talked about the debris and trash left behind after buildings are demolished. could be done about the situation. Mr. James Roemer, City Attorney, indicated this to the attention of the Board of Public Safety at its next meeting. being no further business to come before the Council, unfinished or new, Councilman Parent motion that the meeting be adjourned, seconded by Councilman Newburn. The motion carried, e meeting adjourned at 10:00 p.m. ATTEST: CITY CLERK II - F.- 4-- h- F- i-- f-- 1-- f-- F- F- h- i- .- I-- I-- I--{-- h..- i- .- I-- F-- E- .- F-- f--F-F-h-h.-F--N--t--1-.-4--f . ......................................... ..