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Home My WebLink About05-24-76 Council Meeting MinutesREQUT.AR MFRTING MAY 24, 1976 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, May 24, 1976, at 7:00 p.m., Council President Roger O. Parent presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: None Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Counci: Member Miller. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, May 24, 1976, at 7:06 p.m., with nine members present. Chairman Frank Horvath presided. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF SOUTH BEND, INDIANA THROUGH ITS BOARD OF PUBLIC SAFETY AND THE SCOTTS- DALE MALL FOR THE DESIGNATION AND REGULATION OF FIRE LANES. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Franklin Morse, President of the Board of Public Safety, made the presentation for the ordinance. He indicated this was a proposed agree- ment between the City and Scottsdale Mall, however, before the agreement could be binding it was necessary for an ordinance to be passed by the Council. He said the mall would designate the fire lanes and set up the signs, and the City would enforce the fire lane clearance through the police department, in order that the lanes would be clear for fire trucks in an emergency. He said the contract was renewable annually, with termination provisions by either party. Council Member Kopczynski asked what the fine would be for violation of the fire lane. Mr. Morse indicated there had been no regulation set, and that one would have to be passed. Council Member Kopczynski questioned how the police could enforce the fire lanes without regulations. Mr. Morse indicated that he assumed appropriate regulations would be effected. Council Member Kopczynski wanted to know if it would be in order for the Council to pass an ordinance mandating the lanes be open and leveling the fine. He also wanted to know why Scottsdale should be treated special, since he thought all shopping centers should be treated the same. Mr. Morse indicated that the problem with this type of ordinance is that this involves private property, and without a con- tract he did not think the City has the power to pass such an ordinance. Council Member Kopczynsk asked if the designation of fire lanes would affect the fire insurance rates for the mall. Mr. Joe Roper, attorney for the mall, said he would not be in a position to answer that question. Mr. Roper indicated that this was basically for the safety of the people of South Bend who use the mall. Council Member Kopczynski asked if there had been inquiries to establish fire lanes at other malls, and Mr. Morse said they had not received any other requests. Mr. Roper indicated that once the contract was approved then the Board of Public Safety could make a regulation as to the fine, or the Council would have the power in effect to establish a penalty. Council Member Kopczynski said he would like to get a written opinion from the city attorney's office on this. Council President Parent indicated that the South Bend Police Department might not have the time to enforce violations on private property, and the responsibilities of maintaining the fire lanes should be up to the owners and operators of the mall. Council Member Szymkowiak indicated he felt it was up to the management of the businesses in the mall to keep the fire lanes clear. Council Member Horvath wanted to know if the City would be liable, since this was a contract for protection of private property, if the police department did not enforce the regulations and the fire department could not get through. Mr. Thomas Brunner, City Attorney, said it would be his estimate that regardless of whether the City had a contract or not, the likelihood is the City would be joined in any suit. Council Member Horvath said he was sure the City was obligated to give fire service, but he felt there would be more of a problem with this contract. Mr. Brunner indicated that the question then would be whether the City in anticipation of a problem was willing to act in concert with the shopping center to help avoid it. The question of penalties for violation of the regulation, which you are discussing is, correctly addressed. Council Member Horvath asked if the mall had put up signs, and if so, were the signs not working. Mr. Morse indicated this had been a problem for some time. He said when this was referred to the Board he asked the fire and police chiefs if they would be able to handle the problem and they both indicated their departments could handle it. Council Member Adams indicated she did not feel the Council should put another law on the books they could not enforce. She said she thought the Council needed the "teeth" and agreement alto- gether, not separately. She called on Fire Chief Snider to give his views regarding the fire lanes. Chief Snider said the fire department was really responsible for this ordinance. He in- dicated that the mall has worked well with the department and met all requirements. He said that with this contract, the City can tow cars away at the owners expense. Council Member Miller said he noted this was a one year contract which is automatically renewed, but does have a cancel- lation provision. He said he would recommend that the Council approve this contract to proceed as the fire department wishes and ask the Board of Public Safety to provide the regulations that would be necessary to enforce it. Council Member Miller made a motion that the ordinance be re- commended to the Council favorably, seconded by Council Member Taylor. The motion was defeated on a roll call vote of four ayes (Council Members Serge, Szymkowiak, Miller and Taylor) and five nayes (Council Members Kopczynski, Adams, Dombrowski, Horvath and Parent). Council Member Parent made a motion that the ordinance be referred to the Public Safety Committee for further study, seconded by Council Member Dombrowski. The motion carried. COMMITTEE,-OF:-.THE--WHOLE :;'MEETING (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING $159,000.00 FROM THE LOCAL ROADS AND STREET FUND TO PROJECT R & S 88 SIGNAL MODERNIZATION AT PORTAGE, HAMILTON, WILBER AND WOODLAWN STREETS: WITHIN SAID FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr.. Rollin Farrand, Director of the Board of Public Works, made the presentation for the ordinance. He indicated the City has prepared and submitted to the State, plans for the modernization of fourteen intersections and the installa- tion of new signals at two intersections. He said the State had established a construction estimate of $530,000 for this work, and the appropriation covered by the ordinance is to provide the City'.s share. He said -this project will utilize Federal -Aid Urban Funds, and these funds will cover 70% of the total project cost. Mr. Gene Evans,.;Executiue Secretary of the Civic Planning Association asked if the $159,000 from the Local Roads and Street Fund was considered matching to State funds. Mr. Farrand indicated that it was matching funds for Federal money. Council Member Kopczynski made a motion that this ordinance be recommended favorably to the Council, seconded by Council.Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $36,000.00 FROM THE LOCAL ROADS AND STREETS FUNDS AND $4,000.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUNDS TO PROJECT R &S 70 -1975 MIAMI ROAD FROM KERN ROAD TO JACKSON ROAD. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Board of Public Works, made the presentation for the ordinance. He said in 1975 the Council approved an appropriation of $55,000 to cover an Environmental Impact Statement for this project, and at that time it was explained that this was only a portion of the possible $95,000 total Preliminary Engineering fee. He said that in anticipation of the approval of the draft EIS, this final appropriation for Preliminary Engineering is requested so that progress may proceed uninterruptec Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked if the sidewalks were being coordinated with the.engineering. Mr. Farrand indicated they were being coordinated with the project. Council Member Kopczynski indicated that anytime the Council appropriates money on these projects, the Council should receive an update on the project. Council Member Kopczynski made a motion that this ordinance be recommended favorably to the Council, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF' $7,000.00 FROM ACCOUNT 110.0 SALARIES AND WAGES, REGULAR, TO ACCOUNT 722.0 MOTOR EQUIPMENT, BOTH ACCOUNTS BEING WITHIN THE BUREAU OF STREETS BUDGET, IN THE MOTOR VEHICLE HIGHWAY FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Board of Public Works, made the presentation for the ordinance. He said there was a balance of $50,350 in the motor equipment account, and $56,875 was needed to purchase two new tandem axle trucks equipped with salt spreaders. He said these two trucks will be used for slurry during the sum - mer months. Council Member Kopczynski made a motion that this ordinance be recommended favor- ably to the Council, seconded by Council Member Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $125,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COM- MONLY 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 being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Board of Public Works, made the presentation for the ordinance. He said this appropriation was to replac( the $125,000 removed from the project as a result of the ordinance on the parking garage bonds passed March 8, 1976. He said this $125,000 will be replaced in the Centurn Center Construction Account. Council Member Serge made a motion that this ordinance be recommended favorably to Council, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND MIDLAND ENGINEERING COMPANY, INCORPORATED FOR THE REROOF AND REPAIR OF THE OLIVE STREET PUMPING STATION IN THE AMOUNT OF $8,425.00. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. John Stancati, Manager of the Water Works, made the presentation for the ordinance. He said the tile would be removed and the roof repairer and the tile replaced. Council President Parent made a motion that this ordinance be recommender favorably to the Council, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING MAY 24, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA AND; (1.) GATES CHEVROLET CORP., SOUTH BEND, INDIANA, AND; (2.) BASNEY FORD OF SOUTH BEND, SOUTH BEND, INDIANA, FOR THE PURCHASE OF CERTAIN MOTOR VEHICLES IN THE TOTAL AMOUNT OF $26,211.81. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. John Stancati, Manager of the Water Works, made the presentation for the ordinance. He indicated that the vehicles being replaced were old and beyond repair. Council Member Adams said that she wondered if there were any automobiles in the City fleet that could be transferred. Mr. Peter Mullen, city controller, indicated that when all the cars are transferred between departments, there will be a net loss of one car. Council Member Dombrowski made a motion that this ordinance be recommended favorably to the Council, seconded by Council Member Taylor. Council Member Adams asked if the cars were air conditioned. Mr. Stancati indicated they were not. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA AND A. H. CHOITZ AND CO., INC., OF SOUTH BEND, INDIANA, FOR THE PURCHASE OF CERTAIN HEAVY EQUIPMENT IN THE TOTAL AMOUNT OF $31,179.72. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. John Stancati, Manager of the Water Works, made the presentation for the ordinance. He said they no longer have a need for this equipment, and asked the Council to defeat the ordinance. Council Member Miller made a motion that this ordinance be recommended unfavorably to the Council, seconded by Council Member Adams. The moti carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND OHIO VALLEY ELEVATED WATER TANK CORP., OF HENDERSON, KENTUCKY FOR THE CLEANING AND PAINTING OF THE 250,000 GALLON WATER STORAGE TANK LOCATED ON SOUTH FELLOWS STREET IN SOUTH BEND, INDIANA IN THE TOTAL AMOUNT OF $4,500.00. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. William Smurr, of the Water Works, made the presentation for the ordinance. He said it had been six years since the tank was painted and it was starting to deteriorate. Council Member Kopczynski asked about the cleaning process. Mr. Smurr said they would use sand blasting or scrapping, no power tools or chemicals could be used.. Council Member Horvath asked if any local firms had bid. Mr. Smurr said a local firm had bid but the bid was too high. Council Member Kopczynski made a motion that this ordinance be recommended to the Council favorably, seconded by Council President Parent. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA AND; (1.) INLAND CHEMICAL COMPANY, FORT WAYNE, INDIANA, AND; (2.) WATCON, INCORPORATED, SOUTH BEND, INDIANA, FOR THE PURCHASE OF CHEMICALS FOR USE FROM MAY 1, 1976 TO APRIL 30, 1977, IN THE TOTAL AMOUNT OF $49,550.50. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. William Smurr, of the Water Works, made the presentation for the ordinance. He said this was for the purchase of chlorine, hydrofluosilisic acid, and polyphosphate. Council Member Dombrowski made a motion that this ordinance be recom- mended to the Council favorably, seconded by Council Member Taylor. Council Member Adams asked how the price compared with last year. Mr. Smurr indicated it was up a little. Council Member Kopczynski asked how many firms actually bid, and did they take the lowest bidder. Mr. Smurr said three firms bid on the chlorine, two on the hydrofluosilisic acid, and two on the poly- phosphate. He said they accepted the lowest bidder on all but the chlorine, due to the fact that Inland has a local warehouse and it was only a matter of less than $1,00. The motion carries ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (Tri -piece Edison Road between edison and State Road 23) This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Stanley Pietzak, the petitioner, made the presentation for the ordinance. He said they were seeking to rezone the- - property west of the present Linebacker. He said that in order to raise money for the collateral, the Linebacker property was put in trust, and he was agent for the owners and had every right to make decisions regarding the property. He indicated that as this project grew, South Bend Hotels Limited, Inc., was formed. He then briefly discussed the points of contention raised by the neighborhood associ tion. Regarding State Road 23 becoming four lanes, he said this road would probably be made a four lane road whether there was a hotel there or not. He said the traffic pattern would be helped with the extension of Twyckenham. He said Wooded Estate's sewage problems would not be effected by the hotel. He indicated that Metro Development Company, of Dallas, Texas, was going to develop this property. He said we should all think of the value of this property to the en- tire community. REGULAR MEETT TC MAY 24 i Q7ti COMMITTEE OF THE WHOLE MEETING (CONTINUED) Mr. Ed Manier, 1020 N. Twyckenham, presented a petition, signed by 176 people,. against rezoning this property, to the City Clerk. He then read the following statement from the Friends of South Bend Avenue: "We respectfully request the Common Council to vote to deny this petition. 1. Although South Bend needs agressive management in the attraction of convention, motel, and.restaurant business, the location of theproposed site is altogether inappropriate and unsound for motel construction. A motel at this site would attract business away from the downtown area. 2. A motel at the proposed site would do extensive damage to the privacy and quality of a well established neighborhood with currently high property values. 3. The University of Notre Dame assigns no priority to the sale of this property and would not have offered the land for sale if the city had not taken initiative re- questing this in 1969 -1970. 4. The true backers of this project have not come forward and the public is unable to ascertain the possibility of conflict of interest in the presentation and passage of this petition and ordinance. 5. If a Motor Inn were established at this location and operated at standards lower than those maintained by the Hilton Corporation, the neighborhood and the City and the University would have to live with the possibility of the operation of a night club and budget motel between Wooded Estates and the University of Notre Dame. The consequences would be much more damaging to the City's tax tolls than the denial of this petition. The friends of South Bend Avenue recognize the importance of attracting new business to the City o: South Bend, and we are particularly sympathetic to efforts to build and promote our city as a con- vention center. We agree that the agressive and;.progressive presentation of the hotel, motel restaurant and enter - tainment facilities of South Bend are crucial to the economic vitality of the city and to the genes tion of new tax revenues. We volunteer our services to assist the City in any way we can in such efforts. However, we do not find that the City's best interests would be served if the Linebacker Motor Inn were built in the northern sector of our neighborhood. We remind the council that well maintained residential property is the backbone of the city's tax structure. Ours is a beautiful shaded residential neighborhood with many streets which carry no traffic. Many of our residents have made a conscious decision to remain in the city rather than move to the surburbs because they find the amenities of life are provided to a greater extent in our neighborhood than they would be in the suburbs. Property values in the neighborhood are high, lots are large and many homes are in the $50,000 to $150,000 bracket. This is no place to locate another night club or bar, even if it is located within a motel with a prestigious logo. We consider the site of the proposed development to be part of our neighborhood because up until this time, the University of Notre Dame has provided the neighborhood with a free amenity -- very nearly a free park and recreation ground -- by leaving this land and its air rights in an undevelo state. One of the greatest assets of our neighborhood is its pleasant perspective overlooking the University. The neighborhood has always relied on the University's frequently declared policy of not selling land, and of developing it only for academic purposes. Although the terms of the University's option with the promoter prevents its:,.opposition to this rezoning ordinance, Philip Faccenda has informed us that the University has assigned no priority and intends to maintain a very low profile in relation to this project. Faccenda has informed the promoter that the Univer- sity has been unable to show a profit with the Morris Inn, raising a.basic question about the suitability of the location for this development. Moreover, the University indicates that it has offered the promoters an option to buy this land only because (in 1969 -1970) the City declared its interest in condemning the northward�xtension of North Twyckenham Drive. In the absence of such initiative by the City, the University would abide by its long standing policy of not selling land and developing land only for its own academic purposes. One of our most important objections to this project is that its true backers have not come forwarc to explain their interest to the public. We are correspondingly unable to ascertain whether a ser- ious conflict of interest may be involved in the development and passage of the promoter's petitioi The promoter who has come forward to explain the project has not prepared himself to answer questic concerning it. Further he has made a misleading representation before a caucus of the Common Counc (May 17th) by stating that he could arrange for the demolition of the current Linebacker Inn at th( time of thecompletion of the new Motor Inn. He is not now th.e� owner of the current Linebacker Inn. Nor is he the mortgagor of that property. It is held in a confidential land trust by the First Bank & Trust Company of South Bend for an unnamed beneficiary. The bank has indicated that Mr. Stanley.,.Pi.etzak is not the beneficiary of the trust,.-and a bank.representative indicated dis- pleasure at Mr. Pietzak's indiscretion in claiming that he could still control the disposition of that property. As promoter, Mr. Pietzak has called the financial substance of the project into question by stating that if he were required to finance the signalization and channelization of the intersection of North Twyckenham Drive and State Road #23, he would "call off the whole deal." Bus this improvement of an already dangerous intersection would add less than 1% to the total cost of the project! Our final objection to this project is that its preliminary site development plan contains a numbe of defects which could prove fatal to the quiet privacy of our residential neighborhood. The preliminary site plan contains no "elevations" nor architect's sketches of the finished motel. As a result, neither the neighborhood nor this council can even speculate concerning the likely impact of the development of the site upon the established privacy and quality of neighborhood life. We have for example, no assurance concerning the visual appearance of the finished motel, nor concerning the limits on the neon and other display advertising which may be used to attract attention to it. We are utterly unable to rely upon the promoter's allusions to $5 to $6 million dollars in total development costs, and as you know, the parent Hilton Corporation has not even conducted preliminary feasibility studies necessary before the. >promotors can be granted a franchis( •a- ns it REGULAR MEETING MAY 24 ,1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Second. The proposed 271 parking spaces fall approximately 40 spaces short of the parking requiz if the motel is to contain a 4,000 square feet meeting room as proposed. The site is not large enough to accommodate this additional parking. The staff of the Area Planning Commission has allowed departure from established standards in this respect only because they have not been followed by some other motels in the city and county area. However, our neighborhood is unlike that adjacent to these other motels. An exception to established parking standards in this case would lead to a heavy increase in parking on nearby residential streets. We hope the Council wil agree that his would be a most damaging intrusion upon the privacy of our streets and the value o our property. Finally, the new intersections of Twyckenham Drive and State Road #23 and Edison Road will meet at least three of the warrants for signalization and channelization. The City Engineer's office agrees that this new site development will heighten the dangers of these intersections. Estimat traffic loads (1976) for State Road #23 at this point exceed 12,500 per day (533per hour), while those for North Twyckenham Drive exceed 4,500 per day or 190 per hour. The intersection there- fore will meet the warrants for #1 minimum vehicular volume, #2 interruption of continuous traffi and #3 accident experience. The proposed development of the siteshould not go forward under any circumstances unless the Coun can guarantee the neighborhood that its children will be protected by the signalization and chann ization of the new intersections. The only way to insure that the intersection will be improved simultaneously with the construction of the Motor Inn would be to require the developer to financ the signalization and channelization of these two intersections. A reliable and prestigious de- veloper such as the Hilton Corporation would have no qualms about such a restriction, which has already been imposed upon the developers of the Scottsdale Mall. The promoter of this project, however, has threatened to "call off the whole deal" if he is required to provide such life - saving improvements. There is no better indication of the risk the Council takes if it passes this pet ition. At the very least, if his petition is passed, he should be required to deposit the funds necessary for the improvement of the intersections in an escrow account for the City before con- struction begins. However, we are convinced that the City can make a far better case for attracting the Hilton Co oration to South Bend than has or could be made by this promoter. We respectfully request the Common Council to vote to deny this petition." He said the view�4iich the neighborhood has of the University of Notre Dame adds to the value of their homes. He requested the Council to deny this rezoning. He indicated the backers of this property have still not come forward, and he said that even a motel of high quality would damage the neighborhood, and in the event the motel is operated at standards lower than the Hilton it would damage the entire neighborhood. Mr. Carl O'Nell, 1432 South Bend Avenue, questioned the financial feasibility, due to the fact that the Morris Inn on the campus of Notre Dame is not making it financially. Mr. John Reese, 1121 White Oak, indicated the motel should be built downtown close to the Century Center. Mr. Bill Hobing, 1616 Scottswood, indicated he moved into the area because it was one of the fine residential areas in the City. He strongly urged the Council to make sure the citizens are not driven from the City. Mr. Ed Mark, 110 Napoleon Blvd., asked if there was a picture of the motel, and what height dimen- sion was being applied for in the rezoning. Council Member Horvath indicated that before the mote could be built a final site plan was necessary. Mr. Dick Johnson, Director of Area Plan, indicatE there was a preliminary site plan in the chambers, and that the final site plan must be in accord- ance with the preliminary site plan. Mrs. Hoffman, 1258 N. Twyckenham, spoke again regarding the accident problem. Mr. Arthur Quigley, 1019 E. Francis, indicated that this was one of the several quality neighbor- hoods on the northeast side, and it should be kept as such. Dr. Lillian. Stanton, 919 Oak Ridge, indicated this was not just a matter of a simple rezoning. Mr. Ed Witmore, 1308 White Oak, indicated he was concerned over the effect on the property value. Mr. William Marrin, 1120 White Oak, indicated he was concerned over the "G" height being requester Mr. Kenneth Milani, 1010 Oak Ridge, indicated there was.a lack of solid financial data, as well as a lack of commitment from Hilton. Mr. Don Harris, 1248 N. Twyckenham, indicated that he thought the Council should take note of several points that have been made, and he covered the several points he felt were important. Slides were shown of the neighborhood. Mr. Thomas Magers, 1412 South Bend Avenue, discussed the quality of living in the neighborhood. Mr. John Uhran, 1349 E. Monroe, indicated he was from Sunnymede and they were concerned about the quality of living in the City and maintaining the quality of the neighborhood. He said when you start "spot" zoning you cause the neighborhood to decline. Mr. Don Fisher, 909 Riverside, representing the Park Avenue Neighborhood Association, said they were all struggling to maintain the residential areas in the City and this cannot enhance the residential area. Mr. William Marrin, 1120 White Oak, indicated he felt the Hilton should be located downtown. Louvenia Cain, 1207 W. Washington, indicated the Council should give this matter more study. —REGULAR U \ • • COMMITTEE OF THE WHOLE MEETING (CONTINUED) Ms. Peggy Donovan, 760 Portage Ave., asked how many people in attendance were against the ordinan e; there was a large'show of hands. Mr. Stanley Pietzak, the petitioner, indicated he had not tried to mislead anyone. He said that Hilton is not the developer of this property, Metro Developers are the developers of the property however, Hilton did make a feasibility study. He introduced Mike Lind, former captain of the Not Dame football team, and Steven Thompson. He indicated they were with him in the South Bend Hotel Limited, Inc. Mr. Michael Lind, R. R. 1, Hampshire, Illinois, indicated that he -was the beneficiary of the bank trust which holds title to the Linebacker Inn property. He indicated.that Hilton is the franchis and the South Bend Hotels Limited were the owners of the property. He read a telegram received from Mr. Sal Guarina, Midwest Regional Manager of the Hilton, which indicated the location was viable and the City needed a first class facility. He indicated Hilton would go ahead if they could complete the arrangements. He said there are many hotels that are not making it, however, many are outmoded and obsolete. He said theproblem the neighborhood has now are problems they ha not created. He said the building they were going to put up will be looked at with pride. Myna Reuter, 1204 N. Garland indicated her home was beautiful, and as you go on down toward Eddy you can see what has happened to that section due to commercialism. Ms. Kathy Cekanski, Council attorney, read a memo directed to the Council dated May 24, 1976. Re: Ordinance Amending and Supplementing Chapter 40 of the Municipal Code of South Bend, Indiana (Tri -piece Edison Road between Edison and State Road 23) 1. Background The Council at its caucus meeting of May 17 requested an information update on the above - propos ordinance. The following is a summary of the action taken. 2. Hilton Hotel Corporation The Hilton has its corporate headguarte3rslocated in Beverly Hills, California. After contacting this office the regional development office for Hilton was then contacted. Mr. Sal Guarina, Midwest Regional Manager, in Chicago, Illinois heads all Hilton developments in this area. He outlined the steps inolved in securing a franchise agreement with Hilton which ar as follows: (1) Filing of a formal written application with his office. (2) Filing a feasibility study with his office focusing on the proposed site as to locatio environment accessibility, etc. (a) Mr. Guarina then makes a formal written recommendation as to the feasibility of the proposed site. (b) Said recommendation is then sent to the Franchise Board made up of six persons and located in Beverly Hills, California. (c) Formal action is then taken by the Franchise Board. If the vote is affirmative the following procedure is then followed; however all is made subject to final Board approval. (3) Letter of Intent from the developers must then be filed with Mr. Guarina's office. (4) Written Fiscal Reports listing all equity and financial concerns must then be filed within 90 days with Mr. Guarina's office. Not until all of the above steps are completed will there be official and final approval taken on behalf of the Hilton Hotel Corporation 3. The Proposed Linebacker Hilton Hotel The Metro Inns Management Company located in Dallas, Texas are the developers cooperation with Mr. Stanley Pietzak and Mr. Michael Lind. Mr. Walter Haeman, President of Metro Inns Management Company, informed our office on Friday, May 21 that they are the largest hotel developer of Hilton. To date, they own or operate 24 properties. He also verified that his company has been retained by Mr. Lind, and that they are in the process of completing the feasibility study. Said study should be filed with Mr. Guarina sometime during the week of May 24th. 4. Present Status Our office contacted Mr. Guarina's office today at 2 p.m., and the following information was veri fied: (1) A formal written application from either Mr. Lind or the Metro Inns Management Company has not been filed with his office. (2) No formal action has been taken by any official or representatives of the Hilton Hotel Corporation. (3) A telegram directed to Mr. Lind and Mr. Pietzak was sent today by Mr. Guarina stating that the proposed site "looks viable ". However this telegram in NO way officially commits the Hilton Hotel Corporation in light of the fact that none of the formal steps of the franchise application procedure have been completed. 5. Action by the Common Council REGULAR MEETING MAY 24, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Indiana Code Section 18- 7 -4 -50 requires the Council to act upon a recommendation of the Area Plan Commission within sixty (60) days from date of certification by the Commission Secretary. The recommendation here was certified on April 21, 1976. Action by Council is basically that of adoption, rejecting, or tabling. It should be further noted that State law requires that if the ordinance is rejected or amended it is then returned to the Area Plan Commission for its consideration with a written statement of the reasons for its rejection or amendments. The Commission then has 45 days in which to consider the rejection or amendment and report back to the Council. Another 60 day period begins anew at that time. It should also be noted that the one year penalty period imposed upon refiling of an ordinan which has been rejected has been deleted from our Municipal Code. It you have any questions regarding this memorandum or any information in it, I will be-- pleased to respond. Respectfully submitted, /s/ Kathleen E. Cekanski Attorney at Law Council Member Adams asked Ms. Cekanski if she asked Mr. Guarina if it was necessary to rezone before the filing of a formal application. Ms. Cekanski said she had, and rezoning would not be necessary before filing an application. Council Member Taylor asked if this property is rezoned, what would happen to the Linebacker Inn. Mr. Pietzak indicated it would be torn down. Council Member Kopczynski questioned Mr. Manier as to what use this land should be put to, if it was not rezoned commercial. Mr. Manier indicated that they would like it to be recreational. Council Member Kopczynski asked what percentage of the land was commercial. Mr. Manier indicated this was an 80 acre lot and about one -half an acre was being used commercially. Council Member Dombrowski indicated that 792 acres was not taxable. Council Member Adams indicated that she had talked with Mr. Johnson, of Area Plan, re- garding amending the petition.to "E" height. Mr. Johnson said that "G" height was 150' or 12 stories, and "E" height was a structure not to exceed 40' or 3 stories. He said that by amending the petition to read "E" it would eliminate some of the fears of the building being taller than proposed. Council Member Adams asked if 271 parking spaces was adequate. Mr. Johnson indicated it was withi the requirements, and he was not sure if the City could ask the developers to provide more spaces. Council Member Miller said he thought theCouncil would work hard to get the traffic light. He said the Council wanted this project to conform to the site plan, and any change -from what has been discussed at this meeting would be a substantial change as far as the Council is concerned. He said the protection of the neighborhood was an important consideration in all Council actions. He said that quality development does not affect the value of the neighborhood. He said the Coun supports this type of development. Council Member Miller made a motion that the ordinance be recommended favorably to the Council, seconded by Council Member Taylor. Council President Parent said the City Council has a responsibility to make decisions that are in the best interest of the City at the present and in the future. He indicated the City needs com- mercial development because of the tax revenue derived, but the residential areas are an important part of the City. He said the number one priority was to keep the people in the City. He said he has always wondered why commercial developers want to drive out residential areas.. He said if the Council all lived in that neighborhood, they would not be voting for this. Council PresidE Parent made a motion to amend the ordinance as follows; Section I. Delete "G" and add "E" height and area. Section II. Delete present section and add: The final site plan shall incorporate the following, Signalization and channelization of traffic at the intersections of North Twyckenhz Drive with State Road #23 and Edison Road must be provided at the expense of the developer, and all funds for this purpose must be placed in an escrow account prior to the start of construction work at the site. All outdoor lighting at the site must be directed entirely away from the South Bend Avenue -- Wooded Estates residential area. All signs signifying, identifying.or advertising the Motor Inn and /or related interests and activities must be of a size and nature compatible with a residential area and must be positioned on.Edison Road out of vision of South Bend Avenue and Wooded Estates. No curb cuts are permitted on South Bend Avenue or on the northward extension of Twyckenham Drive. No fewer than 311 parking spaces must be provided on site. Clear vision areas must be provided at the intersections of Twyckenham Drive with State Road #23 and Edison Road. The parking facility facing South Bend Avenue and the new extension of North Twyckenham Drive must be screened with a good quality.wooden fence no less than four feet in height, and with a 6' to 8' visual screen of densely planted compact hedge, fronted with a good quality flowering bushes, or other comparable planting. The required dedication and construction of North Twyckenham Drive, to be done at developer's expense, must be in conformity to normal design speeds and stan- dard street widths as projected for North Twyckenham Drive southward from State Road #23. Section III. Delete present section and add the following: This amendment to Chapter 40 of the Municipal Code is subject to the specific stipulation andprovision that in the event the petitioner or any successor to his interest in the subject property should utilize the subject property for any pur- pose or in any manner other than that specified in the final site plan as approved by the Area Plan Commission, the zoning of the subject property shall automatically revert to the classifica- tion in effect prior to.the passage of this ordinance, namely A Residential and A height and area. Section IV. Insert and add old section II. Section V. Insert and add old section III. Council President Parent indicated that some of the amendments were recommended by Area Plan, and others were not unfamiliar because they had been discussed. The only new one was the construction of the signalization. Council Member Kopczynski seconded the motion. The motion was defeated by a roll call vote of six nays (Council Members Serge, Szymkowiak, Miller, Taylor, Dombrowski and Horvath) and three ayes (Council Members Kopczynski, Adams and Parent). REGULAR MEETING MAY 24, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED Council Member Adams-made a motion to change the height requirement from "G" to "E ", seconded by Council President Parent. Council Member Miller said it was already established that they could not go over three stories. The motion was defeated by a roll call vote of six nays (Council Members Serge, Szymkowiak, Miller, Taylor, Dombrowski and Horvath) and three ayes (Council Member Kopczynski, Adams and Parent). Council President Parent made a motion to amend this ordinance to include the recommendations made by Area Plan, as follows; All outdoor lighting at the site must be directed entirely away from the South Bend Avenue -- Wooded Estates residential area. All signs signifying, identifying or advertising the Motor Inn and /or related interests and activities must be of a size and nature compatible with a residential area and must be positioned on Edison Road out of vision of South Bend Avenue and Wooded Estates. No curb cuts are permitted on South Bend Avenue or on the north- ward extension of Twyckenham Drive. Clear vision areas must be provided at the intersections of Twyckenham Drive with State Road #23 and Edison Road. The parking facility facing-, South Bend Avenue and the-:new extension of North Twyckenham Drive must be screened with a good quality woode fence no less than four feet in height and with a 6' or 8' visual screen of densely planted com- pact hedge, fronted with 'good quality flowering bushes, or other comparable planting. The re- quired dedication and construction of North Twyckenham Drive, to be done at developer's expense, must be in conformity to normal design speeds and standard street widths as projected for North Twyckenham Drive southward from State Road #23. The motion was seconded by Council Member Adams. The motion was defeated by a roll call 'vote of five nays (Council Members Serge, Szymkowiak, Miller, Taylor and Dombrowski) and four ayes (Council Members Kopczynski, Adams, Horvath and Pare A roll call vote was taken on Council Member Miller's motion to recommend this ordinance to the Council favorably. The motion carried with a roll call vote of six ayes (Council Members Serge, Szymkowiak Miller, Taylor, Kopczynski and Dombrowski) and three nays (Council Members Adams, Horvath and Parent). Council Member Kopczynski made a motion to recess, seconded by Council Member Dombrowski. The motion carried and.: the meeting of the Committee of the Whole was recessed at 10:05 p.m., and reconvened at 10:25 p.m. There being no further business to come before the Committee of the Whole, Council Member Taylor made a motion to rise and report to the Council, seconded by Council Member Kopczynski. The mot carried. ATTEST: City Clerk REGULAR MEETING — RECONVENED ATTEST: aJCa� Chairman it) . >n Be it remembered that the regular meeting of the Common Council of the City of South Bend reconvened in the Council Chambers at 10:27 p.m., Council President Parent presiding, and nine members prese t. REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the May 10, 1976 meet- ing of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Mary Christine Adams /s/ Roger Parent Council Member Taylor made a motion that the report be accepted as read, placed on file and the minutes be approved, seconded by Council Member Kopczynski. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Council Member Kopczynski made a motion to waive the reading of the report of the Committee of the Whole, seconded by Council Member Taylor. The motion carried by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . REPORT--FROM AREA PLAN May 19, 1976 The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance initiated by Roger Parent, a City Councilman, amending Ordinance No. 5565 -73 (Historic Preservation Commission), which amends zoning Ordinance No. 4990 -68, City of South Bend Gentlemen: The attached ordinance initiated by Roger Parent was legally advertised May 8, 1976 and May 15, 1976. The Area Plan Commission gave it a public hearing on May 18, 1976, at which time the following action was taken: REGULAR MEETING MAY 24, 1976 REGULAR MEETING RECONVENED "Upon a motion by June Stratton,, - 'being seconded by Russell Rothermel, and unanimously carried, the ordinance initiated by Roger Parent, a City Councilman, amending Ordinance No. 5565 -73, (Historic Preservation Commission), which amends Zoning Ordinance No. 4990 -68, St. Joseph County, is returned to the City Council with a favorable recommendation, by the APC. It The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in minutes of the-public hearing and will be forwarded to you at a later date to be made a part of this report. Attached for your consideration in the review of this matter is a copy of the Area Plan Commission Staff Report. Very truly yours, /s /Richard S. Johnson, Executive Director Council Member Kopczynski made a motion to set this ordinance for public hearing and second read- ing at the next regularly scheduled meeting of the Common Council, seconded by Council Member Taylor. The motion carried. ORDINANCES, SECOND READING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF SOUTH BEND, INDIANA THROUGH ITS BOARD OF PUBLIC SAFETY AND THE SCOTTS- DALE MALL FOR THE DESIGNATION AND REGULATION OF FIRE LANES. This ordinance had second reading. Council Member Kopczynski made a motion to refer this ordinan, to the Public Safety Committee, seconded by Council Member Adams. The motion carried. ORDINANCE NO. 5977 -76 AN ORDINANCE APPROPRIATING $159,000.00 FROM THE LOCAL ROADS AND STREET FUND TO PROJECT R &S 88 SIGNAL MODERNIZATION AT PORTAGE, HAMILTON, WILBER AND WOODLAWN STREETS, WITHIN SAID FUND. This ordinance had second reading. Council Member Kopczynski made a motion to pass the ordinance seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 5978 -76 AN ORDINANCE APPROPRIATING $36,000.00 FROM THE LOCAL ROADS AND STREETS FUNDS AND $4,000.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUNDS TO PROJECT R &S 70 -1975 MIAMI ROAD FROM KERN ROAD TO JACKSON ROAD. This ordinance had second reading. Council Member Dombrowski made a motion to pass the ordinance seconded by Council Member Kopczynski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, TAylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . ORDINANCE NO. 5979 -76 AN ORDINANCE TRANSFERRING THE SUM OF $7,000 FROM ACCOUNT 110.0 SALARIES AND WAGES, REGULAR, TO ACCOUNT 722.0 MOTOR EQUIPMENT, BOTH ACCOUNTS BEING WITHIN THE BUREAU OF STREETS BUDGET, IN THE MOTOR VEHICLE HIGHWAY FUND. This ordinance had second reading. Council Member Kopczynski. made a motion to pass the ordinance seconded by Council Member Serge. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 5980 -76 AN ORDINANCE APPROPRIATING $125,000.00 FROM.THE FEDERAL ASSISTANCE GRANT,.COM- MONLY 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 second reading. Council Member Kopczynski made a motion to pass the ordinance seconded by Council Member Taylor. The ordinance passed by a roll call vote of nine ayes (Counci: Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent).. ORDINANCE NO. 5981 -76 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF.THE CITY OF SOUTH BEND, INDIANA, AND MIDLAND ENGINEERING COMPANY, IN- CORPORATED FOR THE REROOF AND REPAIR OF THE OLIVE STREET PUMPING STATION IN THE AMOUNT OF $8,425.00. This ordinance had second reading. Council Member Kopczynski made a motion to pass the ordinance seconded by Council Member Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . REGULAR MEETING MAY 24, 1976 REGULAR MEETING RECONVENED ORDINANCE NO. 5982 -76 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND; (1.) GATES CHEVROLET CORP., SOUTH BEND, INDIANA, AND; (2.) BASNEY FORD OF SOUTH BEND, SOUTH BEND, INDIANA, FOR THE PURCHASE OF CERTAIN HEAVY EQUIPMENT IN THE TOTAL AMOUNT OF $26,211.81. This ordinance had second reading. Council Member Szymkowiak made a motion to pass the ordinanc seconded by Council Member Kopczynski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND A. H. CHOITZ AND CO., OF SOUTH BEND, INDIANA, FOR THE PURCHASE OF CERTAIN HEAVY EQUIPMENT IN THE TOTAL AMOUNT OF $31,179.72. Council Member Dombrowski made a motion that this ordinance be defeated, seconded by Council Member Taylor. The ordinance was defeated by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 5983 -76 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND OHIO VALLEY-ELEVATED WATER TANK CORP., OF HENDERSON, KENTUCKY, FOR THE CLEANING AND PAINTING OF THE 250,000 GALLON WATER STORAGE TANK LOCATED ON SOUTH FELLOW STREET IN `SOUTH °BEND, INDIANA IN THE TOTAL AMOUNT OF $4,500.00. This ordinance had second reading. Council Member Szymkowiak made a motion to pass the ordina: seconded by Council Member Kopczynski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . ORDINANCE NO. 5984 -76 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA AND: (1.) INLAND CHEMICAL COMPANY, FORT WAYNE, INDIANA, AND (2.) WATCON, INCORPORATED, SOUTH BEND, INDIANA, FOR THE PURCHASE OF.CHEMICALS FOR USE FROM MAY 1, 1976 TO APRIL 30, 1977-IN -THE TOTAL AMOUNT OF $49,550.50. This ordinance had second reading. Council Member Taylor made a motion to pass this ordinance, seconded by Council Member Serge. The ordinance passed by a roll call vote of nine ayes (Counci: Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 5985 -76 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (Tri -piece Edison Road bet- ween Edison and State Road 23). This ordinance had second reading. Council Member Miller ;mde.a motion to pass this ordinance, seconded by Council Member Szymkowiak. The ordinance passed by a roll call vote of seven ayes Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, and Dombrowski) and two nays (Council Members Horvath and Parent). RESOLUTIONS RESOLUTION A RESOLUTLON OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR COMMUNITY DEVELOPMENT FUNDS UNDER TITLE V OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1970. A public hearing was held at this time on the resolution. Mr. James Seitz, Superintendent of Parks, indicated that through this grant the park department could have a maintenance scheduling program arranged. He indicated that the consulting firm was highly skilled and qualified, and they would compile the data necessary and hopefully some day the park department could work with less men in the maintenance program. He indicated that Congress had appropriated $1,000,000 that could be used between 10 cities to improve their park systems. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, said that assuming the grant was received and a computer schedule was developed, do you have any idea what it might cost to implement this schedule. Mr. Seitz indicated he did not know what a terminal would cost. Mr. Evans indicated that as a United States citizen and member of this community, he was offendec that Congress has seen fit to suggest we should do innovative thinking. He said he did not feel very content with the fact that the City is involved in this type of activity. REGULAR MEETING MAY 24, 1976 REGULAR MEETING RECONVENED Council Member Adams asked why Urban Innovation Associations of San Francisco was to take part in this project. Mr. Seitz indicated they were highly qualified. Council Member Adams asked if he could justify the cost of the project; such as, the project manager's pay of $45,000 for 30 weeks work, $175 a week living expenses, $100 a week for car rental, $5,000 for air travel and $2,500 for telephone expense. Mr. Seitz indicated that Mr. Hollander, the project manager, was highly qualified and if South Bend does not accept this grant then some other city will. He said he did not know how successful this study would be. Council Member Adams said of all the department in the City, the Park Department is the only one she had no complaints with, and she thought they were doing a tremendous job. She said she thought the Council had a responsibility to spend fed- eral dollars wisely. Council Member Adams made a motion to delay consideration of this resolutio until the Council could have a meeting with Mr. Seitz and the Mayor, seconded by Council Member Horvath. Council Member Szymkowiak indicated he was very surprised that the park department was supporting this type of program. He said if the Government has $125,000 to spend foolishly, then they should send a check to theCouncil and they would see that it is spent correctly. He said this was an insult. Council President Parent indicated he was against delaying this resolution, and he was for defea ing it. He thanked Council Member Adams for digging this out. Council Member Adams was asked to withdraw her motion, and she indicated she did not want to withdraw the motion since she woul like to talk with the Administration to see why this was even submitted. She indicated she had signed this resolution because she thought this was a viable way to help our community. A roll call vote was taken on Council Member Adams' motion to delay. The motion was defeated with a vote of six nays (Council Members Serge, Szymkowiak, Miller, Taylor, Horvath and Parent) and three ayes (Council Members Kopczynski, Adams, and Dombrowski). Council Member Taylor made a motion to defeat the resolution, seconded by Council Member Adams. the resolution was defeated by a unanimous roll call of nine ayes (Council Members Serge, Szym- kowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). RESOLUTION NO. 520 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR COMMUNITY DEVELOPMENT FUNDS UNDER TITLE I OF THE HO, USING AND COMMUNITY DEVELOPMENT ACT OF 1974. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City, and is the Applicant for an Innovative Grant in the area of Housing and Neighborhood Preserva- tion called "Project Rebate" under Title I of the Housing and Community Development Act of 1974. NOW, THEREFORE, BE IT RESOLVED THAT THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Hereby establish the authority of the Mayor the City of South Bend to submit an zpplication for Innovative project monies in the amount of Four Hundred Thousand Dollars ($400,000.00) to the United States Government, Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974. SECTION II. The Bureau of Housing will be designated Administrative Agent for the program. For every category established under this Resolution, the Mayor shall submit to the Common Counc a line item budget in ordinance form prior to any expenditures of any grant money received upon approval of this application. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Mary Christine Adams Member of the Common Council A public hearing was held at this time on this resolution. Mr. Keith Crighton, Director of the Bureau of Housing, explained that this application was for a $400,000 grant for housing repair funds, called "Project Rebate ". He indicated that this was to help arrest deterioration in the neighborhoods. He said it specifies a 15 to 40% rebate will be made for home improvements to homwowners and some qualified absentee landlords. He indicated that the northwest and south- east neighborhoods have been selected to receive this grant, if the City should receive it. He indicated that many cities were attempting to get this grant and we might not receive it. Louvenia Cain, 1207 W. Washington, indicated that they had mentioned absentee landlords would receive a rebate, and she wanted to know why they were going to help them. Mr. Ed Drummond, of the Bureau of Planning, explained that it was the small absentee landlord, that owns up to four units, that would receive a rebate. Council Member Kopczynski asked if they had a concise report on this Act of 74 he could have. Mr. Drummond indicated they would give him a report. Council Member Horvath asked how much of the $400,000 would be administrative cost. Mr. Drummond indicated 21.5.would be administrative. Council Member Horvath asked if there would be more staffing to handle this program. Mr. Drummon indicated there will be $60,680 in salaries for the 18 month project. Council Member Adams asked why the Council is not informed when the City is thinking about sub- mitting an application for this type of project. Mr. Drummond indicated it was his understand- ing that the Council was approached regarding this but he did not know the outcome since he had been on vacation. Council Member Adams said it was her understanding that the Council does not have to approve the submittal of these grants. Mr. Carl Ellison, Assistant Director of Human Resources, indicated that under this particular grant a Council resolution was required. Counci: Member Adams indicated that the budget showed $78,970 for administration and $321,000 for con- tractual services making a total of $400,000. Mr. Keith Crighton indicated that was a 12 month budget and this would be for 18 months. Council Member Adams indicated that if this was an 18 month budget this would change to $120,000 for administration and $280,000 for contractual ser- vices and your budget will be changed to reflect,this. Mr. Crighton indicated it would. REGULAR MEETING MAY 24, 1976 REGULAR MEETING RECONVENED Council Member Szymkowiak asked the boundary for the northeast. side. Mr. Creighton indicated it would be California, Colfax, Williams, Portage and LaPorte streets. Council Member Szymkowiak said there were other areas that needed help, and he mentioned Western Avenue needed assistance. Mr. Crighton indicated that south of Western Avenue we have the 312 program in effect and they were trying to reach areas that have not been assisted before. Council Member Taylor made a motion that this resolution be adopted, seconded by Council Member Szymkowiak. The resolution <w< adopted by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCES, FIRST READING ORDINANCE NO. 5986 -76 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND TO ISSUE ITS "ECONOMIC DEVELOPMENT FIRST MORTGAGE REVENUE BONDS, SERIES 1976 (McCORMICK & COMPANY, INCORPORATED PROJECT)" AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO. This ordinance had first reading. Council Member Kopczynski made a motion to suspend rules and take action on this ordinance, seconded by Council Member Dombrowski. The motion carried by a roll call vote of nine ayes (Council Member Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams Dombrowski, Horvath and Parent). The ordinance had second reading. Mr. Kenneth Fedder, attorne for the South Bend Development Commission made the presentation for the ordinance. He asked the ordinance be amended on page 2, Section 3, from $3,600,000 to $3,350,000; on page 3, Section 4, 7% be inserted in the first blank and 98.6% inserted in the second blank; and after the word thereof, add "of which two million eight hundred and fifty thousand dollars ($2,850,000 bears a bond discount of 1 %." Council Member Taylor made a motion to accept these amendments seconded by Council Member Dombrowski. The motion carried. Mr. Fedder indicated that McCormick & Com- pany was a food processing company that makes flavorings, seasonings and decorations for food. He said the proceeds of this issue will be used to acquire land, 50,000 square feet, located in the Airport Industrial Park. He said 50 people would be hired at this location. He introduced Mr. Donald Dick, Treasurer, and Mr. Richard Single, Assistant Secretary of McCormick, as well as Mr. Howard Base of the Chamber, who was instrumental in getting this company to come to South Bend. Council Member Horvath made a motion that the ordinance pass, as amended, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE AN ORDINANCE AMENDING ORDINANCE N0. 5437 -72, COMMONLY KNOWN AS CHAPTER 16, ARTICLE 2, SECTION 16 -6 "GARBAGE AND TRASH COLLECTION: CITY FEES, MANNER OF COLLECTION: PRIVATE PARTY RESPONSIBILITY" OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Council Member Taylor made a motion to.set this ordinance for public hearing and second reading at the next regularly scheduled meeting of the Common Council, seconded by Council Member Dombrowski. The motion carried. PRIVILEGE OF THE FLOOR Mr. Gene. Evans, Executive Secretary of the Civic Planning Association, ,presented 1976 Civic Cinema to the Council Members. Mr. Arthur Quigley), 1019 N. Francis, said he thought a study should be made as to how legal notices are advertised. He said.he thought these notices should be advertised in a way that the people involved would not miss them. Council President Parent indicated the comments were well received. UNFINISHED BUSINESS Council Member Adams said she would like to ask the City Clerk's office to notify all appropria agencies that the Council is concerned about the development of the Hilton Linebacker, and we want to see that all requirements are complied with and that the Council should be notified im- mediately if anything has gone amiss. NEW BUSINESS ORDINANCE NO. 5975 -76 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FROM THE MOTOR VEHICLE HIGHWAY FUND IN THE AMOUNT OF $25,000.00 TO ACCOUNTS 425.0 CON- CRETE AND 722.0 (PROPERTIES, MOTOR EQUIPMENT). This ordinance was advertised incorrectly, therefore, Council Member Taylor made a motion to sus- pend rules and take action on the ordinance, seconded by Council Member Dombrowski. A public hearing was held at this time. Mr. Rollin Farrand made the presentation for the ordinance. He indicated this appropriation was for concrete and a truck. Council Member Taylor made a motion to pass the ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). Council Member Horvath made a motion that the City sell real estate located at 703 N. Frances St., and 719 E. Wenger St., seconded by Council Member Dombrowski. The motion carried. Council Member Dombrowski made a motion that the next regularly scheduled Council meeting be held June 7, 1976, instead of June 14, seconded by Council Member Kopczynski. The motion carrie( REGULAR MEETING MAY 24 1976 REGULAR MEETING RECONVENED Council President Parent asked that the rules be suspended in order that a resolution could be heard. Council Member Adams asked if there was any one in the room who objected to the Council suspending rules. Mr. Joseph Amaral, 400 Lincolnway East, indicated he was an attorney re- presenting certain people interested in the development of Block Six and he was here tonight to oppose suspension of the rules. Council Member Adams asked if the Council had public hearing, would he be prepared. Mr. Amaral indicated he would not. Council Member Adams asked if the Council adopted this resolution, would Mr. Amaral have any other recourse with his group. Mr. Amaral indicated at the present time they were investigating all avenues open to them. Council Member Adams asked Mr. Brownell, Director or Redevelopment, what steps this would take if it were passed. Mr. Brownell said it would go to MACOG and we would have another hearing before Redevelopment on June 4 and then it would be submitted to H.U.D. Council Member Miller asked Mr. Amaral if he represented the unsuccessful bidders on Block Six. Mr. Amaral said he could not divulge his client's name. Council Member Miller said he felt it was to the City's interest to proceed with the current developer. Council Member Miller made a motion to suspend the rules seconded by Council Member Dombrowski. Council Member Adams asked Mr. Brownell if it was a major change in the plan by allowing a hotel. Mr. Brownell indicated he could not answer that question. He said he has asked H.U.D. for a determination but one had not been made. He said he planned to submit this change as a concurrence, the same as if it were a major change. A roll call vote was taken on the motion to suspend rules, and the motion passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrow- ski, Horvath and Parent). RESOLUTION NO. 521 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE URBAN RE- NEWAL PLAN TOGETHER WITH THE:PROPOSED AMEND- MENTS THERETO AND PLAN CHANGES AND THE FEASIBILITY OF RELOCATION FOR THE CENTRAL DOWNTOWN PROJECT, IN. R -66. WHEREAS, under the provisions of Title I of the Housing Act of 1949, as amended, the Depart- ment of Housing and Urban Development Administrator is authorized to provide financial assistance to Local Public Agencies for undertaking and carrying out urban renewal projects; and WHEREAS, it is provided in such Act that contracts for financial aid thereunder require that the Urban Renewal Plan for the, 1roject area be approved by the governing body of the locality, in which the project is situated and that such approval include findings by the governing body that: (1) the financial aid to be provided in the contract is necessary to enable the project to be undertaken in accordance with the Urban Renewal Plan; (2) the Urban Renewal Plan will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; (3) the Urban Renewal Plan conforms to a general plan for the development of the locality as a whole; and (4) the Urban Renewal Plan gives due consideration to the provision of adequate park and recreationa: areas and facilities, as may be desirable for neighborhood improvement, with special considera- tion for the health, safety, and welfare of children residing in the general vicinity of the site covered.by the Plan; and WHEREAS, the City of South Bend Department of Redevelopment (herein called the "Local Public Agency "), has entered into a planning contract for financial assistance under such Act with the United States of America, acting by and.through the Secretary of Housing and Urban Development, pursuant to which Federal funds were provided for the urban renewal project (herein called the "Project "), identified as "Central Downtown Project, IN. R -66" and encompassing the area bounded by a line drawn as follows: Beginning at a point formed by the intersection of north right -of -way line of LaSalle Avenue and the west right -of -way line of Main Street; thence south along the west right -of -way line of Main Street to the north right -of -way line of Washington Street; thence west along the north right -of -way line of Washington Street to the west right -of -way line of Lafayette Boulevard; thence south along the west right -of -way line of Lafayette Boulevard to the south right -of -way line of Jefferson Boulevard; thence east along the south right -of -way line of Jefferson Boule- vard to the west right -of -way line of Main Street; thence south along the west right -of -way of Main Street to the south right -of -way line of Monroe Street; thence east along the south right- of-way line of Monroe Street to the west right -of -way line of Fellows Street; thence south along the west right -of -way line of Fellows Street to the south right -of -way line of Monroe Street; thence east along the south right -of -way line of Monroe Street and proceeding in a northeasterly direction along said right -of -way to the center of the St. Joseph River; thence proceeding in a northwesterly direction along the center of the St. Joseph River to the north right -of -way line of LaSalle Avenue; thence west along the north right -of -way line of LaSalle Avenue to the west right -of -way line of Main Street which is the point of beginning, all in the City of South Bend, St. Joseph County, State of Indiana (herein called the "Project Area "); and WHEREAS, the Local Public Agency has applied for additional financial.assistance under such Act and proposed to enter into an additional contract or contracts with the Department of Hous- ing and Urban Development for the undertaking of, and for making available additional financial assistance for the Project; and WHEREAS, the Local Public Agency has made detailed studies of the location, physical condi- tion of structures, land use, environmental influences, and the social, cultural, and economic conditions of the Project Area and has determined that the area is a blighted area and that it is detrimental and a menace to the safety, health, and welfare of the inhabitants and users thereof and of the Project Area, because of the presence of blighted structures and the lack of adequate community improvements, and the members of this Governing Body have been fully ap- praised by the Local Public Agency and are aware of these facts and conditions. Due to the changing market conditions governing land use, certain land use provisions should be changed in order to update the Urban Renewal Plan in accordance with these current market conditions and update plan studies; and WHEREAS, there has been prepared and referred to the Common Council of the Project Area (herein called the "Governing Body ") for review and approval certain revised pages to the Urban Renewal Plan for the Project Area, dated November 15, 1967. REGULAR MEETING MAY 24, 1976 REGULAR MEETING RECONVENED WHEREAS, the Urban Renewal Plan and the amendments and plan changes proposed by those cer- tain pages presented at this meeting have been approved by the Local Public Agency, as evidenced by the copy of said Body's duly certified Resolution No. 522 approving the Urban Renewal Plan and said amendments and plan changes which resolution and which revised pages are attached there- to; and WHEREAS, a general plan has been prepared and is recognized and used as a guide for the gen- eral development of the Project Area as a whole; and WHEREAS, the Area Plan Commission of St. Joseph County, which is the duly designated and acting official planning body for the Project Area, has submitted to the Governing Body its report and recommendations respecting said Urban Renewal Plan and said amendments and plan changes for tY Project Area and has certified that said Urban Renewal Plan and said amendments and plan changes conform to the said general plan for the Project Area as a whole, and the Governing Body has duly considered said report, recommendation, and certification of the planning body; and WHEREAS, the Urban Renewal Plan and said amendments and plan changes for the Project Area prescribe certain land uses which the Project Area will require, among other things, changes in zoning, the vacating and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action; and WHEREAS, the Local Public Agency has prepared and submitted a program for the relocation of individuals and families that may be displaced as a result of carrying out the Project in accord with said Urban Renewal Plan and said amendments and plan changes; and WHEREAS, there has also been presented to the Governing Body information and data respecting' the relocation program which have been prepared by the Local Public Agency as a result of studies, surveys, and inspections in the Project Area and the assembling and analysis of the data the in- formation from such studies, surveys, and inspections; and WHEREAS, the members of this Governing Body have general knowledge of the conditions pre- vailing in the Project Area and of the availability of proper housing in the City and County for the relocation of individuals and families, that may be displaced from the Project Area and, in the light of such knowledge of local housing conditions, have carefully considered and reviewed such proposals for relocation; and WHEREAS, it is necessary that the Governing Body take appropriate official action respecting the relocation program and said Urban Renewal Plan and said amendments and plan changes for the Project, in conformity with the contracts for financial assistance between the Local Public Agenc and the United States of America acting by and through the Department of Housing and Urban Develo - ment Administrator; and WHEREAS, the Governing Body is cognizant of the conditions that are imposed in the under- taking and carrying out of urban renewal projects with Federal financial assistance under Title 1 including those prescribing discrimination because of race, color, creed, sex or national origin: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: 1. That it is hereby found and determined that the Project Area is a blighted area and qualifies as an eligible Project Area under the Redevelopment of Cities and Town Act of 1953, as amended. 2. That the Urban Renewal Plan, and the amendments and plan changes thereto proposed, pre- sented at this meeting for the Project aforementioned, having been duly reviewed and con sidered, are hereby approved, and the City Clerk be and is hereby directed to file copie of said Urban Renewal Plan and said amendments and plan changes, with the minutes of this meeting. 3. That it is hereby found and determined that the objectives of the Urban Renewal Plan and the proposed amendments and plan changes cannot be achieved through more extensive re- habilitation in-the Project Area, and that the additional acquisition proposed should be accomplished. 4. That it is hereby found and determined that said Urban Renewal Plan and said amendments and minor plan changes for the Project Area conform to the general plan of the City and County. 5. That it is hereby found and determined that the financial aid provided and to be pro- vided pursuant to the contract for Federal financial assistance pertaining to the Projec, is necessary to enable the Project to be undertaken in accordance with the Urban Renewal, Plan and the proposed amendments and plan changes for the Project Area. 6. That it is hereby found and determined that the above mentioned Urban Renewal Plan and the proposed amendments and plan changes for the Project Area will afford maximum op- portunity, consistent with the sound needs of the City and County as a whole, for the urban renewal of such areas by private enterprise. 7. . That it is hereby found and determined that the Urban Renewal Plan and the proposed amendments and minor plan changes for the Project Area given due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable fo: neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the Project Area. 8. That it is hereby found and determined that the = program for the proper relocation of in- dividuals and families displaced in carrying out the Project in decent, safe, and sani- tary dwellings in conformity with acceptable standards is feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the Project, and 46 REGULAR MEETING MAY 24, 1976 REGULAR MEETING RECONVENED such dwellings or dwelling units available or to be made available to such displaced individuals and families are at least equal in number to the individuals and families, are not generally .less desirable in regard to public.utilities and public and commer- cial facilities than the dwellings of the displaced individuals and families in the Project Area, are available at rents or prices within the financial means of the in- dividuals and families, and are reasonably accessible to their places of employment. 9. That in order.to implement and facilitate the effectuation of the Urban Renewal Plan and the proposed amendments and plan changes hereby approved, it is found and deter - mined that certain official action must be taken by this Governing Body with reference, among other things, to changes in zoning, the vacating and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location and re- location of sewer and water mains and other public facilities, and -other public action, and accordingly, this Body hereby (a) pledges its cooperation in helping to carry out such Urban Renewal Plan as amended by those certain pages presented at this meeting; (b) requests the various officials, departments, boards, and agencies of the City havinc administrative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with said Urbar Renewal Plan as amended by those certain pages presented at this meeting; and (c) stand: ready to consider and take appropriate action upon proposals and measures designed to effectuate said Urban Renewal Plan as amended by those certain pages presented at this meeting. 10.. That additional financial assistance under the provisions of Title I of the Housing of 1949, as amended, may be necessary to enable the land in the Project Area to be renewed in accordance with the Urban Renewal Plan and the proposed amendments and plan changes for the Project Area and, accordingly, the filing by the Local Public Agency of an application or applications for such financial assistance under said Title I is hereby approved. SUBMITTED, for consideration this 24 day of May, 1976. /s/ Roger O. Parent Councilman A public hearing was held at this time on this resolution. Mr. F. Jay Nimtz . President of the Redevelopment Commission said he recommended the passage of this. resolution. He said the City Administration had requested this resolution and he was pleased to ask the Council to adopt it. Mr. Wayne Brownell, Director of Redevelopment, indicated they had entered into an agreement for the sale of parcel 6 -1. He said the contract provided the land be divided into six parcels, and one parcel containing about two acres was for housing for the elderly. He said initially there was to be 191 units of elderly housing, but because 10% was required for the handicapped the developer asked for 211 units and received approval from H.U.D., they also increased the total number of dwelling units on the 16 acres from 200 to 350. He said their commissioners decided to increase the number of units to 211 and remove the ban against hotels. Council Member Adams said all of this seems to have been initiated due to the fact that the developers wanted to go from 191 units to 211,. Mr. Brownell said they had approval from H.U.D. for 211. Council Member Adams asked if this was being done for the hotel. Mr: Brownell indicated this changes the land use requirements. Council Member Adams asked who would be doing the feasibility study. Mr. Brownell indicated he di not know. Council Member Miller made a motion that the resolution be adopted, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes (Council Members Sergel Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). There being no further business to come before the Council, unfinished or new, Council Member Taylc made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meet - ing was adjourned at 11:50 p.m. ATTEST: APPROVED: City Clerk P r