HomeMy WebLinkAbout02-25-74 Council Meeting Minutestttt- rrrrt-+++++++++++++++++++++++++++++++++++-+- F+++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++
r.,
REGULAR MEETING
FEBRUARY 25, 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 25, 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.
Council President Nemeth indicated that a Girl Scout troop and its leader, Mrs. Priest, were
present at the meeting. He asked that they stand and be recognized.
Councilman Horvath 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 25, 1974, at 7:04 p.m., with nine members present. Chairman Odell
NdWburn presided.
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
ZONING OF CERTAIN LOTS AS HEREINAFTER
SET FORTH (George and Osborne Streets).
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 E. Voor, Jr., 300 First Bank Buildinc
indicated that he was representing the petitioner, Mr. Roland Goheen, in the rezoning. He stated
that the Area Plan Commission had recommended the ordinance unfavorably to the Council, and he
could not understand this. He indicated that Mr. Goheen has owned the property for 14 or 15 years
and has paid taxes on the property and would continue to do so. He referred to the overhead projel
tor, indicating that the petition sought to erect a sign advertising the National Bank and Trust
Company. He stated that he and the petitioner would be willing to go along with any limitations
or restrictions that the Council might desire.
Mrs. Glenda Ray Hernandez, 702 East South Street, Treasurer of the Southeast Side Neighborhood
P.A.C., Inc., opposed the rezoning and hoped the Council would deny the request. She felt that
changing the rezoning of various lots within an area would not have a beneficial effect on the
neighborhood. She also felt the lots in question would not be compatible to other lots in the
area. She stated that the lots have become overgrown with weeds and have collected trash. She
felt that no consideration of the surrounding area had been given. Mr. Maurice Cohen, 725 East
Eckman Street, asked about the location of the lots. Mr. Voor explained that the area was at the
end of the Cooper Bridge on the north side of the road on the corner of George and Osborne Streets
He referred to the overhead projector showing the area in question. Mr. Cohen asked if there were
other billboards already situated in the area, and Mr. Voor indicated that there were. Councilman
Kopczynski wondered in what vicinity the boarded houses were located. Mr. Joseph Baldoni, Vice
President of the National Bank and Trust Company, indicated that there were boarded houses in the
area, with the house on George Street having been boarded up for quite some time. He stated that
the property abuts almost to the Sample Street bridge. Councilman Kopczynski wondered why the
houses had been boarded up for so long. He asked this of Mrs. Hernandez, who stated that she did
not know why. He stated that the lots in question were not being used for residential purposes
because they were vacant. Councilman Parent indicated that the Area Plan Commission had recommend
unfavorably because the area was essentially residential although some of the homes were dilapidat,
Also, the area was not very prosperous and consideration should be given to the area as far as
developing it. He indicated that he opposed the rezoning to allow the erection of the billboard.
Councilman Serge asked if there were other billboards in the area, and Mr. Voor indicated there
was a sign across the street, and Mr. Baldoni stated that there were two signs in the vicinity.
Councilman Miller wondered why the whole area was to be rezoned commercial. Mr. Voor stated that
the petitioner was only rezoning the lot where the sign would be erected. Councilman Miller
indicated that the legal description referred to Lots 13 and 14 in the 3rd Addition and Lots 14
and 15 in the 2nd Addition. He wondered on what lot the sign would be erected. Mr. Baldoni state,
that the sign would be erected on Lot 13. Councilman Miller indicated that the map and legal
description did not coincide. He was concerned about the neighborhood; however; he felt a bill-
board would not hurt the area. He did express concern about rezoning all the lots to commercial.
Councilman Miller made a motion that the following be added in Section 2 after the words "Common
Council ":
REGULAR MEETING FEBRUARY 25 1974
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
"for a period not to exceed seven years"
The motion lost due to lack of a second. Council President Nemeth then made a motion that the
following be added to Section 2 at the end of the sentence:
"for so long as a billboard shall be situated on the aforesaid property."
Councilman Miller seconded the motion. Councilman Parent suggested that the matter be tabled. He
stated that the people in the area were against the erection of the billboard, and he felt their
wishes should be given consideration. He felt that the ordinance should not be passed or amended.
Mr. Voor indicated that he would be willing to furnish a letter to the effect that the property
would be used only for the purpose of erection of the billboard. Councilman Horvath again
questioned the rezoning of the lots if the sign was to be erected on Lot 13 only. Mr. Voor stated
that Lot 13 was the only lot affected. He had no objection to rezoning only that parcel. The
motion to amend carried.
Councilman Szymkowiak made a motion that the ordinance, as amended, go to the Council as favorable,
seconded by Councilman Horvath. Councilman Taylor requested a roll call vote on the motion. The
motion carried by a roll call vote of five ayes (Councilmen Szymkowiak, Kopczynski, Horvath,
Newburn and Nemeth) and four nays (Councilmen Serge, Miller, Parent and Taylor).
ORDINANCE
AN ORDINANCE AMENDING CHAPTER 4,
ARTICLE 8, SECTION 4 -48 (P), OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH
BEND, INDIANA.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. James Seitz, Director of the Department of
Public Parks, made the presentation for the ordinance. He explained that, since the passing of the
park rules and regulations, the Park Board has received many complaints about the section pertainii
to the use of metal detectors. He indicated that, after a meeting with a representative of a meta:
detector club, it was indicated that the qualified users of the detectors would not harm the park
property but would help take care of the litter and trash in the park areas. Mr. Seitz stated tha-
the Park Board recommended the Council amend the present ordinance to prohibit the detectors except
by permit issued by the Park Board.
Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Parent. The motion carried.
ORDINANCE 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
PROGRAM FA25 "PARK DEPARTMENT" OF THE
FEDERAL ASSISTANCE GRANT FUND OF THE
CITY OF SOUTH BEND, INDIANA.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. James Seitz, Director of the Department of
Public Parks, made the presentation for the ordinance. He explained that the transfer was
necessitated because of the damage done by vandals at Boland Park in the construction of the light
fixtures and poles. He stated that the Park Department had received a check from the insurance
company in the amount of $14,050, damage amounting to $14,550, and the city carrying a deductible
clause of $500. The check was deposited to the lighting account. The purchase of lights and othe2
equipment was anticipated to be $8,675, and it was hoped the balance of $14,050 could be left in
the account to pay for the change order to cover the first loss by vandals which occurred on
November 18 and the expense needed to erect the lights after the second loss on November 30.
Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if this appro-
priation would complete the project at Boland Park, and Mr. Seitz indicated that it would. Counci:
man Kopczynski asked if the lights had been damaged at the other parks, and Mr. Seitz indicated
that they had not.
Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Taylor. The motion carried.
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 being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. James Seitz, Director of the Department of
Public Parks, made the presentation for the ordinance. He explained that the Park Board has an
option to purchase 29 acres of land on Edison Road west of Hickory Road from the South Bend
Community School Corporation for park and recreation facilities. A down payment of $12,500 had
been made, leaving an amount due of $112,500. Out of the $125,000 being requested, $112,500 would
be used for this purchase and the balance of $12,500 would be used to finalize purchase of 34.65
acres of land in Belleville Gardens. On that parcel of land, a down payment has been made in the
amount of $22,500. Mr. Seitz indicated that petitions had been received supporting both purchases
for park open space. He also indicated that a grant has been approved from the Bureau of Outdoor
Recreation to pay for 50% of the acquisition cost.
REGULAR FEBRUARY 2 1974
I COMMITTEE OF THE WHOLE MEETING (CONTINUED)
!Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, stated that the total
'amount in the Cumulative Capital Improvement Fund was $165,000. She stated that this leaves only
$40,000. She wondered what the plans for spending the money had been originally. Mr. Walter Lantz
Deputy Controller, stated that $165,000 for materials had been set up for use by the Street
'Department in paving streets. He indicated that $62,500 would be received from the Federal
Government for the fund and the remaining $62,500 would be appropriated effectively. He stated
that it might be possible that revenue sharing funds would be requested. Mrs. Frederick Mutzl of
the St. Joseph County Fair Tax Association wondered if the addition of the park property would redu e
the crime. She also asked if the property could be acquired, maintained and developed without
raising the tax rate. Mr. Seitz indicated that hopefully, with the addition of park land, the crimp
rate could be reduced. He also stated that, if the city was going to maintain and develop the
property purchased, it would have to be taken care of on the tax rate. Mrs. Mutzl felt that the
city must stand by its priorities. She felt that, if the parks were so important, then some other
project would have to be deleted. She stated that the Fair Tax Association favors purchase of land
for open space and parks; however, does not favor anything that will raise the tax rate. Mrs.
Priest, leader of the Girl Scout troop present at the meeting, stated that there was no park north
of Edison Road and that it was dangerous for the children to cross the street to go to the parks.
She was in favor of the open space for parks and hoped the Council would approve the request. She
briefly talked about the construction of the apartment complexes in the area. Two of the Girl
Scouts, Lou Ann Kenna and Gretchen Priest, also stated that they were in favor of the parks because
the yards in their neighborhood were too small to play in. Councilman Kopczynski asked if the Park
Department was interested in obtaining the property at the present time, and Mr. Seitz indicated
that it was. Councilman Kopczynski wondered about the tax valuation in Edison Park. Mr. Seitz
stated that, because the property was owned by the School Corporation, it was tax exempt.
Councilman Kopczynski stated that a great deal of money was being spent for the park on Edison Road
He wondered if the people in the city were being treated equally as far as park land was concerned.
Chairman Newburn ruled for order and indicated that the matter before the Council was appropriation
of funds for purchase of two sites for park open space. Councilman Kopczynski felt his question wa
pertinent to the request for funds. He asked if there would be any money left after spending the
$125,000, and Mr. Seitz indicated that there would not be. Councilman Taylor felt the ordinance
was an example of good city planning and that park open space should carry an extremely high
priority. He expressed support of purchasing the land. Councilman Parent also indicated that he
felt it was important for the city to acquire land for open space.
(Councilman Szymkowiak 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, Councilman Taylor made
a motion to rise and report to the Council, seconded by Councilman Kopczynski. The motion carried.
ATTEST: ATTE
CITY CLERK CHAI MWN
]REGULAR 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 7:46 p.m., Council President Nemeth presiding and nine member
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 February 11, 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 Parent. The motion carried by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
REPORTS FROM THE COMMITTEE ON ORDINANCES
To the Common Council of the City of South Bend:
Your Committee on Ordinances to whom was referred 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, respectfully report that they have examined the matter and that
in their opinion the ordinance should be passed after it is amended as follows:
Page 7 - Add a new paragraph (j) immediately following paragraph (i) in
Section 2 (1) as follows:
"j. Identification signs have special exceptions
as approved by the South Bend Board of Zoning
Appeals."
Page 10 - Paragraph 7 "HP" Historic Preservation District in Section 2
shall read as follows:
REGULAR MEETING FEBRUARY 25, 1974
IIREGULAR MEETING - RECONVENED (CONTINUED)
"All signs permitted in the "A" Residence District."
Page 10 - Delete paragraph 9 in Section 3 and renumber paragraph 10 to paragraph 9.
Page 12 - Delete the words "the Historic Preservation Commission" from the last
paragraph in Section 4 (2) (b).
Page 13 - Delete the first paragraph in its entirety in Section 4 (2) (c).
Peter J. Nemeth
Chairman
Councilman Parent made a motion to amend the report in paragraph (j) in Section 2 (1) as follows:
"Identification signs for special exceptions as approved by the Area Board of Zoning
Appeals."
Councilman Szymkowiak seconded the motion to amend. The motion carried. Councilman Taylor then
made a motion that the ordinance referred to in the report be set for public hearing and second
reading on March 11, 1974, seconded by Councilman Newburn. The motion carried.
To the Common Council of the City of South Bend:
Your Committee on Ordinances to whom was referred 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 neighborhood
health care facilities and group housing quarters, respectfully report that they have
examined the matter and that in their opinion the ordinance should be stricken from the
files.
Peter J. Nemeth
Chairman
Councilman Parent hoped this matter could be considered in the future. Councilman Parent then
made a motion to strike the ordinance referred to in the report from the files, seconded by
Councilman Taylor. The motion carried.
(REPORT FROM AREA PLAN COMMISSION
The Honorable Common Council
City of South Bend
County -City Building
South Bend, Indiana
February 20, 1974
In Re: An Ordinance initiated by the Area Plan Commission 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 a High Density Residential - Office and Professional District.
Gentlemen:
The attached proposed ordinance initiated by the Area Plan Commission was
legally advertised February 9, 1974, and February 16, 1974. The Area Plan Commission
gave it a public hearing February 19, 1974, at which time the following action was
taken:
"Upon a motion by Joseph Bajdek, seconded by Russell Rothermel and
carried with Roger Parent abstaining, the ordinance initiated by the
Area Plan Commission 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 a
High Density Residential - Office and Professional District, is favorably
recommended to the Common Council of the City of South Bend, by the
Area Plan Commission."
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 /ch
attach.
Very truly yours,
s/ Richard S. Johnson
Executive Director
Council President Nemeth indicated that action on the report would be taken when the ordinance
referred to in the report had first reading.
REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT
Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, made
his quarterly report to the Council. He stated that one of the most important things within his
department was implementation of the new manpower legislation. He presented to the Council and
public the director of the program, Mr. Elroy Kelzenberg. Mr. Kelzenberg stated that previous
federal legislation allowed direct federal grants to many agencies. He stated that, originally,
there were 10,000 contracts handled by the Department of Labor. Now, contracts are let only to
-44
REGULAR MEETING FEBRUARY 25, 1974
11REGULAR MEETING - RECONVENED (CONTINUED)
certain agencies. South Bend, Elkhart County and St. Joseph County are eligible locations. Mr.
Kelzenberg stated that this move has been anticipated and a comprehensive manpower delivery system
was organized. He referred to an administration chart for the South Bend program. He briefly
talked about the positions of Outreach Workers and Job Development Specialists. He stated that the
principal target for the manpower dollars would be the long -term unemployed and his efforts would
be directed to those who have severe disadvantages. Councilman Miller wondered about the number of
people involved, and Mr. Kelzenberg stated that he was trying to reduce the administrative overhead
There has been no final determination as to the number of workers and specialists. Councilman
Miller asked about the amount of money coming in, and Mr. Kelzenberg answered that it involved a
federal formula which was based on the following: 50% of the money received last year, 37% of the
number of unemployed and 12% of the number of families earning below $7,000 annually. Councilman
Miller wondered how many slots would be available. Mr. Kelzenberg indicated that he did not want
to talk about the slots available but that he was talking about dollars for service and hoped that
90% could be put into services. He stated that some jobs would be created. Councilman Miller aske
about the administrative cost proposal, and Mr. Kelzenberg stated that this structure was not
available at the present time. He indicated that the grant at present is $70,000 from the C.A.M.P.
Program (Cooperative Area Manpower Planning). He stated that this was federal money distributed in
South Bend with South Bend the receiving agent. Councilman Miller wondered who reviewed the expens
for the program, and Mr. Kelzenberg indicated that the Controller's Office was responsible for that
Council President Nemeth stated that all appropriations for salaries must be made by the Common
Council. He wondered if Mr. Kelzenberg was aware of that. Mr. Kelzenberg indicated that the grant
funds are exclusively for manpower planners. He stated that the only funds expended are supplies,
travel and salaries. Council President Nemeth asked Mr. Kelzenberg who had informed him that the
Controller's Office reviewed and approved the matter. Mr. Walter Lantz, Deputy Controller,
indicated that he wanted to clarify the situation. He stated that the Controller's Office only
provides the proper audit trail for the State Board of Accounts and federal audits. The money
must be appropriated through the Common Council. Council President Nemeth asked if the money would
be coming back through the Council, and Mr. Lantz stated that this was a federal grant and does not
have to be appropriated by the Common Council. Council President Nemeth asked Mr. Lantz if that wa
his personal opinion, and Mr. Lantz stated that that was the opinion of the State Board of Tax
Commissioners. Councilman Miller stated that there is usually an administrative proposal on
government spending. He wondered about the expenditure of the money. Mr. Hojnacki stated that
this involved the Department of Labor funds and would involve federal legislative checks.
Councilman Miller asked if there was a line item approved by the federal government, and Mr.
Hojnacki indicated that there was. Miss Virginia Guthrie, Executive Secretary of the Civic Planni
Association, asked if the information and records of the program were public records, and Mr. Lantz
stated that the information was available in the Controller's Office. Miss Guthrie was of the opi
that the local body should be able to examine the project and review it. Mr. Hojnacki indicated
that there is an advisory body of 22 persons appointed by the Mayor for that purpose. Mr. Lantz
stated that the federal government does not require that federal grants be processed through the
state procedure. He stated that the State Board of Accounts says this is not a part of the civil
city budget and does not require appropriation by the Common Council. He indicated that these were
federal guidelines. Council President Nemeth expressed concern about this. Mr. Lantz stated that,
in a previous audit, all the federal programs did not require Common Council approval or State Tax
Board approval. Council President Nemeth wondered if this would hold true on the manpower program,
and Mr. Lantz stated that nothing had been specific; however, this has been the procedure that has
been followed in the past on these programs. Councilman Szymkowiak wondered about the guidelines.
Mr. Hojnacki stated that, with the new legislation that allows South Bend to participate, the pro -
grams would be city programs When the planning process has been completed, the Common Council
would be approached on the maintenance and operation of the programs. He stated that this was
manpower special revenue sharing, and the planning grant must be used to plan for the programs.
When the kinds of programs are established, it would involve the city, and the Council would have
to have input into the program. Councilman Szymkowiak asked if the Council would review the
budget for the project. Mr. Hojnacki stated that, at this time, he could not say definitely.
Councilman Serge asked how many hardships the city had that could benefit from the program. Mr.
Kelzenberg stated that the Manpower Advisory Council was responsible to research that matter. He
stated that the city has 25% of the population (families) earning less than $7,000 each year. He
stated that, in unemployment, the figures are rising. There is an eligible unemployed number
ranging up to 2,500. Councilman Parent stated that this was a difficult task and hoped it would
be successful. He stated that he had had experience in the manpower planning field and was aware
of the problems involved.
PETITIONS 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 2503 Linden Avenue, South
Bend, Indiana.
2. The property is owned by Builders United Enterprises, Inc. of South Bend,
Indiana, and Great Horizons Development Corporation of Gary, Indiana.
3. A legal description of the property is as follows:
Lot #44 - Kaley Subdivision - South Bend, Indiana
4. It is desired and requested that the foregoing property be rezoned from
"D" Light Industrial Use and "C" Height and Area District to "B"
Residential Use and "B" Height and Area District.
5. It is proposed that the property
the following building(s) will b
dwelling units, if residential):
One (1) Single- family structure
will be put to the following use and
e constructed (include number of
y
n
5 4 c�
REGULAR MEETING FEBRUARY 25 1974
iREGULAR MEETING - RECONVENED (CONTINUED)
6. Number of off - street parking spaces to be provided: One (1) 20' x 10'
parking pad in alley.
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.
s/ Charles Howell
Signature of Petitioner
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 2519 Linden Avenue, South
Bend, Indiana.
2. The property is owned by Builders United Enterprises of South Bend, Indiana,
and Great Horizons Development Corporation of Gary, Indiana.
3. A legal description of the property is as follows:
Lot #40 - Kaley Subdivision - South Bend, Indiana
4. It is desired and requested that the foregoing property be rezoned from
"D" Light Industrial Use and "C" Height and Area District to "B"
Residential Use and "B" Height and Area District.
5. It is proposed that the property will be put to the following use and
the following building(s) will be constructed (include number of
dwelling units, if residential):
One (1) Single- family structure
6. Number of off- street parking spaces to be provided: One (1) 20' x 10'
parking pad in alley.
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.
s/ Charles Howell
Signature of Petitioner
Councilman Parent made a motion to refer both petitions to the Area Plan Commission, seconded by
Councilman Taylor. The motion carried.
ORDINANCES, SECOND READING
ORDINANCE NO. 5641 -74 AN ORDINANCE AMENDING THE MUNICIPAL
CODE OF THE CITY OF SOUTH BEND, INDIANA - -7 X4.7
1962, SECTION 40, AS AMENDED, AND GENERAL (JQ
ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING I �.
MAP THERETO, GENERALLY KNOWN AS THE SOUTH
BEND ZONING ORDINANCE BY CHANGING THE
ZONING OF CERTAIN LOTS AS HEREINAFTER
SET FORTH (George and Osborne Streets).
This ordinance had second reading. Councilman Parent made a motion to refer the ordinance to the
Housing Committee, seconded by Councilman Serge. There was a brief discussion on the motion made.
Council President Nemeth then ruled the motion lost. Councilman Parent requested a voice vote.
Council President Nemeth indicated that a voice vote had been taken and he had declared the motion
lost. There was a brief discussion on the vote. Councilman Szymkowiak then made a motion to amens
the ordinance as amended in the Committee of the Whole portion of the meeting, seconded by Counciln
Horvath. Council President Nemeth called for a roll call vote on the motion to amend. The motion
carried by a roll call vote of six ayes (Councilmen Szymkowiak, Miller, Kopczynski, Horvath, Newbux
and Nemeth) and three nays (Councilmen Serge, Parent and Taylor). Councilman Horvath then made a
motion that the ordinance pass, as amended, seconded by Councilman Kopczynski. Councilman Parent
apologized to the residents of the area who had opposed the rezoning. He felt the passage of the
ordinance was not for the benefit of the neighborhood. He asked that the ordinance not be passed.
The ordinance passed by a roll call vote of five ayes (Councilmen Szymkowiak, Kopczynski, Horvath,
Newburn and Nemeth) and four nays (Councilmen Serge, Miller, Parent and Taylor).
ORDINANCE NO. 5642 -74
AN ORDINANCE AMENDING CHAPTER 4,
ARTICLE 8, SECTION 4 -48 (P), OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH
BEND, INDIANA.
This ordinance had second reading. Councilman Horvath 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, Tavlor, Kopczvnski, Horvath, Newburn and Nemeth).
REGULAR MEETING FEBRUARY 25, 1974
REGULAR MEETING - RECONVENED (CONTINUED)
ORDINANCE NO. 5643 -74 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
PROGRAM FA25 "PARK DEPARTMENT" OF THE
FEDERAL ASSISTANCE GRANT FUND OF THE
CITY OF SOUTH BEND, INDIANA.
This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass,
seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes
(Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
(ORDINANCE NO. 5644 -74
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 second reading. Councilman Newburn made a motion that the ordinance pass,
seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCES, FIRST READING
ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO.
4990 -68, AS AMENDED, COMMONLY KNOWN
AS THE ZONING ORDINANCE OF THE CITY
OF SOUTH BEND, INDIANA (CHAPTER 40,
MUNICIPAL CODE) - 2503 Linden Avenue.
This ordinance had first reading. Councilman Taylor made a motion that the ordinance be referred
to the Area Plan Commission, seconded by Councilman Kopczynski. The motion carried.
ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO.
4990 -68, AS AMENDED, COMMONLY KNOWN
AS THE ZONING ORDINANCE OF THE CITY
OF SOUTH BEND, INDIANA (CHAPTER 40,
MUNICIPAL CODE) - 2519 Linden Avenue.
This ordinance had first reading. Councilman Newburn made a motion that the ordinance be referred
to the Area Plan Commission, seconded by Councilman Horvath. The motion carried.
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 Parent made a motion that the ordinance be set for
public hearing and second reading on March 25, 1974, at the request of the Safety Director,
seconded by Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE ESTABLISHING THE SOUTH
BEND CRIME COMMISSION.
This ordinance had first reading. Councilman Newburn made a motion that the ordinance be set for
public hearing and second reading on March 11, 1974, seconded by Councilman Kopczynski. The motioi
carried.
ORDINANCE AN ORDINANCE APPROPRIATING $11,805.00
FROM THE FEDERAL ASSISTANCE GRANT
COMMONLY REFERRED TO AS GENERAL REVENUE
SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS,
TO BE ADMINISTERED BY THE CITY OF SOUTH
BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS.
This ordinance had first reading. Councilman Newburn made a motion that the ordinance be set for
public hearing and second reading on March 11, 1974, seconded by Councilman Horvath. 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 HIGH
DENSITY RESIDENTIAL - OFFICE AND PROFESSIONAL
ZONING DISTRICT.
This ordinance had first reading. Councilman Kopczynski made a motion that the ordinance be set
for public hearing and second reading on March 11, 1974, seconded by Councilman Taylor. The motioi
carried.
REGULAR MEETING FEBRUARY 25, 1974
MEETING - RECONVENED (CONTINUED)
PRIVILEGE OF THE FLOOR
Mr. Maurice Cohen, 725 East Eckman Street, again brought up the matter of the city -owned vehicles
and the marking of the automobiles. He wondered if the committee had met and if anything further
had developed in the matter. He indicated that he had been very surprised to learn that a depart-
ment head had stated it would cost $12,000 to mark the cars. He stated that decals could be made
starting at 47 cents up to one dollar. He felt the administration was trying to "sluff off" the
marking of the cars. He wanted to see action taken on the Council's ordinance. He referred to
certain officials as "freeloaders" and felt that they did not need to have city cars furnished
them. Councilman Kopczynski stated that he had contacted Mr. Barcome on the matter and a report
was to be forthcoming to the committee. Councilman Parent stated that Mr. Cohen had indicated tha
there were certain officials who were not doing their jobs. He asked that Mr. Cohen refrain from
making statements of that nature without substantial documentation. Mr. Cohen stated that he was
not talking about the officials not doing their jobs. He stated that he was talking about the
officials using the city -owned cars for private use. Councilman Parent stated that he did not
agree with Mr. Cohen's judgment of these people. Councilman Serge wondered if these same condi-
tions had existed when Mr. Cohen had been employed by the city. He felt they had, and Mr. Cohen
stated that they had not existed at that time and the city -owned cars had not been a problem.
Councilman Serge stated that this condition was present at the time the Council took office in 197
Mr. Cohen again protested the fact that the officials used the cars for private use. Council
President Nemeth ruled for order. The discussion terminated.
Miss Fanny Grunwald, 227 South Frances Street, expressed surprise in learning about the grant from
the federal government for a manpower program. She stated that it was apparent that no one else
knew about the program either. She felt the federal government was putting too many planners into
the area. She felt there was a duplication of services. She then talked about the train whistlin
of the Grand Trunk Railroad, indicating that it was very disturbing to the neighborhood during the
(night. She indicated that she had talked to Councilman Parent about the matter and hoped somethin
could be done. She also stated that the microphones were apparently not working correctly because
she felt it was extremely difficult for the audience to hear the responses and remarks made by the
councilmen. She stated that it was also difficult to hear the City Clerk. She also stated that
she felt the citizens who attend the Council meetings should be given some information about the
items on the agenda. She stated that it was difficult to follow what was going on. Council
President Nemeth spoke in regards to Miss Grunwald's remark about the manpower program. He stated
that this had only been a report from the Director of the Department of Human Resources and Econom
Development. He indicated that nothing had been requested from the Council as yet regarding the
program. He stated that what had been presented was merely background information for what would
be coming to the Council in the future. Councilman Parent indicated that the Mayor had hired Mr.
Kelzenberg, the director of the program. Miss Grunwald asked who had requested the grant, and
Councilman Parent stated that this had been requested six or seven years ago under Mayor Allen.
He indicated that not too many people have been interested in the program in the past.
Mr. Garrett Mullins, President of the Southeast Side Neighborhood P.A.C., Inc., residing at 312 Ea
Pennsylvania, referred to a letter that had been sent to the Council regarding the proposed housin
program for the southeast side. He stated that the proposal for the use of $313,000 in revenue
sharing money had been supported by the Redevelopment Department, the Mayor and various organiza-
tions within the city. He stated that a few of the councilmen had also supported the project. He
indicated that his group had requested that some action be taken on the matter by the end of
February and nothing had been done yet. He understood that the delay had been caused because it
was decided a comprehensive housing plan for the city should be compiled and approved. On behalf
of the southeast side, he stated that he did not feel the comprehensive plan was contingent upon
such a program. He requested that there be no further delay on the housing program. Councilman
Miller stated that the Housing Committee had researched and worked on the matter with the Southeas
Side Neighborhood P.A.C. Committee. He stated that the proposal of P.A.C. generally was made with
favorable response from the Council, the Housing Committee and the administration. He indicated
that the different levels of government must be differentiated. He stated that, through the
beginning of last year the federal government had control of the housing situation, and in
November, the new proposals were brought forth that the local governments should have a federal
program based upon housing allowances. He felt the federal government had delayed for a long
period of time as far as the southeast side was concerned. Since January 25, the administration
and Council has been working to develop a program and use city funds in the southeast side. He
was hopeful that the program could be developed by March 15th. He felt this was not a major delay
and he complimented the administration for its work on the project. He questioned the motives of
some of the elected officials in the county that were questioning the allowance program. He felt
it was obvious that a program that would bring 40 to 60 million dollars into the community would
have much value to the community. Councilman Taylor felt the Council was dealing with a transitio
program for the area. He stated that the Council was working on the matter and was not stalling.
Mr. Mullins indicated that he appreciated the comments from the Council members. He stated that
the people were impatient because they had been waiting for such a long time. He indicated that
the southeast residents did not want to appear ungrateful; however, they were anxious for action.
He asked that the residents of the southeast side stand and be acknowledged.
Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, indicated that at thi
last Council meeting, Mr. Evans had questioned the establishment of a Bureau of Housing by the
Mayor. She wondered about this. Council President Nemeth indicated that it had been requested thi
City Attorney make a report concerning that subject. Mr. William Hojnacki, Director of the
Department of Human Resources and Economic Development, stated that the executive order creating
the Bureau of Housing had not been issued yet. He stated that, when the order is issued, it would
be under the auspices of the ordinance which allows for the creation of such bureaus. He stated
that, if additional help or assistance was needed, Common Council approval would be required. He
stated that the Mayor was looking toward the future and between now and July of 1975, legislation
would be passed that would replace the current grants in housing, open space, etc. He stated that
then "block grants" would be used for administering the program. He stated that the proposed
Bureau of Housing would use borrowed staff from the Housing Authority and Redevelopment Department
and its only function would be to develop programs, such as the program being developed for the
southeast side, for the entire city. He stated that the bureau would be a planning body and
eventually the single agency for the planning of housing programs for the city. Miss Guthrie
wondered when the Mayor had established the Department of Community Development. Council Presiden-
Nemeth requested that the City Attorney furnish a written opinion on the matter. He asked that Mr
Robert Parker, Deputy Attorney, remind Mr. Roemer of the matter.
REGULAR MEETING FEBRUARY 25, 1974
II REGULAR MEETING - RECONVENED (CONTINUED)
ANEW BUSINESS
Councilman Serge requested the City Clerk to write to the Traffic Bureau about the ticketing of
cars parked the wrong way on the streets in the city. He stated that this was very hazardous, and
apparently those persons parking the wrong way were not being ticketed.
There being no further business to come before the Council, unfinished or new, Councilman Parent
made a motion that the meeting be adjourned, seconded by Councilman Taylor. The motion carried,
and the meeting adjourned at 8:55 p.m.
ATTEST:
h!
CITI CLERK
9
A MN
P RESIDENT
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