Loading...
HomeMy WebLinkAbout06-10-63 Council Meeting MinutesREGULAR MEETING JUNE 10, 1963 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers, City Hall, on Monday, June 10, 1963, at 8:35 P.M., with all members present except Councilman Lehman and Muszynski. The meeting was called to order by President Joseph T. Kroll, who presided. Councilman Allen made a motion for a ten minute recess. Councilman Glass seconded the motion. Motion carried and the meeting recessed at 8:37 P.M. The Meeting was reconvened at 9:09 P.M. '.ROLL CALL: PRESENT: Councilmen Kroll, Allen, Ladewski, Tellson, Coleman, Glass, and Krueper. ABSENT: Councilmen Lehman and Muszynski. REPORT OF COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your Committee on the inspection and supervision of the minutes, would respectfully report that they have inspected the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Joseph T. Kroll . : Committee /s/ Albert Tellson South Bend, Ind., June 10, 1963 Minutes of Meeting of May 27, 1963 Councilman Glass made a motion that the report be accepted and placed on file. Councilman Krueper seconded the motion. Motion carried. COMMUNICATION Common Council City of South Bend: Gentlemen: June 3, 1963 On Monday, May 27th, 1963, the Common Council passed an amendment to Section 17 -A of the Zoning Ordinance of the City of South Bend which amendment has been submitted to me for signature. I have given this amendment careful study and have also discussed it with the heads of the departments which will be affected by the change. I have decided that the best interests of the City require that this amendment be vetoed, and, accordingly I am vetoing this ordinance for the reasons which I am outlining in this communication to you. As you know, during my term of office I have never vetoed a single measure of the Council, and I would not now do so 0 COMMUNICATION FROM MAYOR BRUGGNER (continued) except for the serious consequences which I believe the present amendment will bring about. While this may be an assumption on my part, I believe that not all of the members of the Common Council were fully aware of the conse- quences of the amendment at time of passage. Heretofore Section 17 -A of the Zoning Ordinance has provided that "The provisions in this ordinance regulating the use of lands, buildings, and occupancies shall not apply to lands, buildings and occupancies which are publicly owned and involve public health, welfare or safety or to parochial schools." The new proposed amendment to Section 17 -A of the Zoning Ordinance passed by the Council on May 27, 1963, retains foregoing text, but adds the following provision: "However, the provisions of this section shall not apply to public housing." The Council is familiar with the fact that it took almost two years to agree upon sites for public housing in the City of South Bend. The selection of sites has already been established by the Council by official action and recognition. The determination of sites was also a necessary prerequisite to receiving funds from the Housing and Home Finance Agency for the clearance of the Chapin Street area. In other words, the two projects are tied hand -in- hand. In furtherance of these objectives the City has advanced considerable funds so that neither of these two projects would be delayed. I am of the opinion that the enactment of the foregoing amendment to Section 17 -A of the Zoning Ordinance will cause further delay in completing our public housing project and the clearnance of the Chapin Street Project, if it does not altogether destroy the possibility of our proceeding with both projects. If the amendment to Section 17 -A of the Zoning Ordinance is allowed to become law, the City will be required to notify the Public Housing Administration that certain of the land sites selected will have to be rezoned before building thereon can be undertaken. Such rezoning is very likely to be a long process and will require the Council to re -do what it has already ordered done at a prior time. I see no reason why we should be faces with this delay. I do not believe that it is to the best interest of the City of South Bend. I am therefore taking the effective veto steps authorized by Section 48 -1406 Burns Indiana Statutes Annotated and hereby veto the amendment to Section 17 -A of the Zoning Ordinance, Ordinance No. 3702 of the City of South Bend for the following specific reasons: 1. The Common Council of the City of South Bend has previously approved sites for the location of future public housing. The new amended ordinance would prohibit the erection of new public housing without first rezoning a part of the land in question. 2. The requirement to rezone certain of the lands contemplated for use of public housing would delay, if not make impossible, our public housing building program. 3. Since our Chapin.Street Redevelopment Program is closely tied with federal housing, the amendment would delay, if not make impossible, the entire Chapin Street Clearance Program. 4. Failure or delay in securing the proper rezoning of certain land in question, were the foregoing amendment allowed to become law, would result in a possible termination of the projects by the agencies of the United States Government. The resulting consequences would be a great financial loss to the City. The South Bend Housing Authority has already expended in engineering and staff time and efforts a sum amounting from $80,000.00 to $90,000.00 for this project. Should the City, by reason of change in:-.zoning requirements, be prohibited from proceeding, we could well subject ourselves to a demand by the United States Government for the repayment of these funds. 5. Ultimate failure to provide proper zoning for Public Housing lands will also affect the Chapin Street Redevelopment Project. Our Department of Redevelopment has spent two years in developing this project. $10,000.00 has been paid for appraising the lands in question and while the additional costs cannot be exactly calculated, they are already in excess of $20,000. Failure to proceed with the Chapin Street Project would result in the waste of these funds and the time and energy involved by the staff. Further, the owners of the real estate in the Chapin Street Area would be subjected to a great loss due to their inability to rent or sell property in the area, and the City would be compelled to retain its last major blighted area. 6. The proposed amendment excluding public housing from the provisions of Section 17 -A is not in the best interests of the City of South Bend at this time. Very truly yours, /s/ Frank J. Bruggner Frank J. Bruggner Mayor FJB :ES Councilman Allen made a motion that the Communication be received and placed on file. Councilman Ladewski seconded the motion. Motion carried. COMMUNICATION June 6, 1963 Mrs. Freda Noble . South Bend City Clerk City Hall South Bend, Indiana Dear Mrs. Noble. It is necessary that I be out of town on business for the month of June. Please excuse me from the next two council meetings. Thank You. Sincerely, /s/ T. W. Lehman Councilman Glass made a motion that the communication be accepted and placed on file. Councilman Allen seconded the motion. Motion carried. 567 REGULAR MEETING COMMUNICATION JUNE 10, 1963 The Clerk read the following Communication from the South Bend Jaycees, Inc.: CORPORATE RESOLUTION OF SOUTH BEND JAYCEES, INC. WHEREAS, this civic organization, throughout its history, has always taken an active role in governmental affairs of this community as evidenced by its participation on various community committees and study groups, and WHEREAS, it has been evidenced to this organization of a greater interest in the operation of the city government and an anticipated increas in participation by the community as a whole, therein; NOW, THEREFOR, BE IT RESOLVED by the Board'of Directors of South Bend Jaycees, Inc. that: 1. This organization go on record as urging the Common Council of the City of South Bend, to conduct the public hearing on the proposed new civil city budget at the Morris Civic Auditorium. 2. That as many ideas and suggestions concerning the budget are anticipated to be presented by members of the community, and that time will be needed to properly study some of these items, that the final vote on the budget be postponed until a time other than the same night as the public hearing. SOUTH BEND JAYCEES, INC., BY ITS BOARD OF DIRECTORS /s/ Donald R. Weber ATTEST: DONALD R. WEBER, PRESIDENT /s/ Curtis L. Leeper SECRETARY 6/7/63 Councilman Krueper made a motion that the communication be accepted and given full consideration. Councilman Coleman seconded the motion. Motion carried. PETITION Petition of Joseph Muia to rezone Lot 154 in Horne & Dunn's First Subdivision in River Park. Councilman Coleman made a motion that the petition be referred to the City Planning Commission. PETITION Petition of Joseph and Anna.Sipocz to rezone Lots 2 and 3 in Lincoln Plaza Addition. Councilman Coleman made a motion that the petition be referred to the City Planning Commission. Councilman Ladewski seconded the motion. Motion carried. PETITION Petition of Danny and Mary J. Balint to rezone Lot.l in Lincoln Plaza. Councilman Allen made a motion that the petition be referred to the City Planning Commission. Councilman Coleman seconded the motion. Motion carried. PETITION Petition of Endre and Mildred Vadas to rezone Lots 19, 20 and 21 in Lincoln Plaza. Councilman. Glass made a motion that the petition be referred to the City Planning Commission. Councilman Ladewski seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole, to whom was referred AN ORDINANCE AMENDING ORDINANCE NO. 3702, ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ON THE 14th day of JUNE, 1949, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE CONTINUED IN THE COMMITTEE OF THE WHOLE UNTIL July 8th, 1963. June 10, 1963. /s/ Harold L. Coleman, Acting Chairman Councilman Glass made a motion that the report be accepted and placed on file. Councilman Allen seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole, to whom was referred AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE OFFICE OF THE CONTROLLER, $1,000.00; AND THE MORRIS CIVIC AUDITORIUM FUND, $214.05, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ Harold L. Coleman, Acting Chairman June 10, 1963. Councilman Krueper made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motion. Motion carried. 568 REGULAR MEETING ORDINANCE NO. 4584 - - -63 JUNE 10, 1963 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE OFFICE OF THE CONTROLLER, $1,000.00; AND THE MORRIS CIVIC AUDITORIUM FUND, $214.05 The Ordinance was given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Lehman and Muszynski). ORDINANCE NO. 4585 - - -63 AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF THE GRANT OFFER OF THE UNITED STATES OF AMERICA BY THE MUNICIPAL CITY OF SOUTH BEND The Ordinance was given first reading by title and second reading in full. Councilman Krueper made a motion for suspension of rules. Councilman Ladewski seconded the motion. Motion carried by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Lehman and Muszynski). The Ordinance was then given third reading and passed by a roil call vote of 7 ayes, 0 nays, 2 absent (Councilmen Lehman and Muszynski). RESOLUTION NO. 39 - - -63 RESOLUTION APPROVING PROGRESS REPORT UNDER THE WORKABLE PROGRAM FOR COMMUNITY DEVELOPMENT WHEREAS,. a "Review of Progress Under the Workable Program for Community Improvement" was heretofore filed with the Common Council of the City of South Bend, which report is now before the Common Council, and WHEREAS, the approval of the Common Council to said progress report is acquired by the Housing and Home Finance Agency of the United States of America as.a continuing requisite for the City of South Bend's eligibility to receive federal.funds, and WHEREAS, the Common Council has examined said report and finds it satisfactory, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, that the report captioned "Review of Progress Under the Workable Program for Community Improvement" be, and the same is hereby in all things ratified, approved and confirmed. Dated and approved this 10th day of June, 1963. /s/ Eugene Ladewski Member of the. Common Council Resolution adopted upon roll call vote of 5 ayes (Councilmen Kroll, Ladewski, Tellson, Allen and Krueper), 2 nays, (Councilmen Coelman and Glass), 2 absent (Councilmen Lehman and Muszynski). New Business Councilman Glass made a motion to override the veto of Mayor Bruggner of Ordinance Number 4579 - - -63, and requested a roll call vote. Councilman Coleman seconded the motion. The roll call vote was as follows: 2 ayes, (Councilmen Coleman and Glass), 5 nays, (Councilmen Kroll, Allen, Ladewski, Tellson and Krueper), 2 absent (Councilman Lehman and Muszynski). Several persons requested permission to speak on the matter of the veto of Ordinance Number 4579 - - -63, and the President:,granted permission and the following persons were heard: Mr. Edward Meredite, Attorney; Jerome Lucas, 2019 Bergan Street; John Hamilton, 2209 Hollywood; E. L. Crowell-:2406 Portage Avenue; Richard Geib, 3827 Rainbow Drive; Mrs. Roma* L. Guentert, 1606 Fremont; and Roy Mynsberge, 2917 Humboldt. There being no further business to come before the Council, Councilman Allen made a motion to adjourn. Councilman Krueper seconded the motion. Motion carried and the Regular Meeting of the Common.Council adjourned at 10:32 P.M. ATTEST: APPROVED: CLERK 01 1 PRESIDENT