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HomeMy WebLinkAbout08-29-77 Council Meeting MinutesREGULAR MEETING AUGUST 29, 1977 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, August 29, 1977, at 4 :00 p.m. Council President Roger 0. Parent presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: Council Member Serge Council Member Serge arrived for the meeting at_ approximately 4:10 p.m. 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 re- port that it has inspected the minutes of the August 8, 1977 meeting of the Council and found them correct. Your sub- committee, therefore, recommends that the same be approved. /s /Roger 0. Parent /s/ Mary Chris Adams Council Member Dombrowski made a motion that the minutes of the August 8, 1977, meeting of the Council be placed on file, seconded by Council Member Taylor. The motion carried. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded Council Member Adams. The motion carried. by 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, August 29, 1977, at 4:02 p.m., with eight members present. Chairman Frank Horvath presiding. BILL NO. 109 -77 A BILL, APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO AMERICAN TOOL.& DIE, INC. This being the time heretofore set for public hearing on the above bill, proponents and o were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated this was an expansion into the Air- port Industrial Park and will create six new jobs in the community. He said the Economic Develo ment Commission approved the resolution authorizing the terms of the financial agreement. He p said this is new construction and new tax base for the City. He said that representatives of the Company were in the Chambers to answer any questions. Council Member Adams made a motion to re- commend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 110 -77 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO MIDSTATE POWER TRANSMISSION COMPANY, INC. Council Member Miller made a motion to continue public hearing and second reading on this bill until September 12, 1977, seconded by Council Member Taylor. The motion carried. BILL NO. 111 -77 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO BENEDICT R. LEYBA, HUSBAND AND WIFE: STEVEN M. SULENTIC AND DONNARAE M. SULENTIC, HUSBAND AND WIFE; AND DUANE D. BEVIS. REGULAR MEETING AUGUST 29, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) This being the time heretofore set for public hearing on the above bill, proponents and opponent! were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Developmenl Commission, made the presentation for the bill. He said this was a reissue. He said in 1976 the Commission and the Council authorized the issue of a bond, and we are now asking for a bond to pay off the first outstanding obligation and complete the project. He said there were re- presentatives of the company in the Chambers. Council Member Szymkowiak made a motion to re- commend this bill to the Council favorable, seconded by Council Member Taylor. The motion carri( BILL NO. 112 -77 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO ALUMA PRODUCTS, CO., INC. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated he had filed a new bill with the City Clerk's office, and requested that an amendment be made to accept this new bill, which spelled out the names of the owners of the business. Council President Parent made a motion to accept the new bill, seconded by Council Member Dombrowski. The motion carried. He said this was an expansion into the Airport Industrial Park. He said this was additional construction and additional tax base. He said there were representatives of the company and their attorney in the Chambers. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 113 -77 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO W. J. HAGERTY & SONS, LTD., INC. ! rof This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development. Commission, made the presentation for the bill. He said this firm has been in the community for many years. He said this was an expansion of their facilities on Linden Avenue. He said initially there will be three new jobs. He said the Commission has approved this financing. He said members of the company were in attendance at this meeting. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 114 -77 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO EUGENE C. MUTA. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Developmen Commission, made the presentation for the bill. He said the Commission had approved a resolutio for financing of a convenience center to be located in South Bend. He said there will be a minimum of ten new jobs for the community. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. BILL NO. 122 -77 A BILL APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BE- GINNING JANUARY 1, 1978 AND ENDING DECEMBER 31, 1978, IN- CLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He said the budget was submitted to the Council, as well as published at the rate of 5.335, and in order to meet thelegal rate we must get it down to 5.14. He said the Administr tion has been working with the Council for the past month to make these cuts. Council President Parent thanked the members of the Administration and Council who worked very hard on this budget He made a motion to amend the bill, as follows: Mayor's Office Dept. of Human Resources 261.0 Promotional Expense $2,000 110.0 Salaries $5,624 212.0 Postage 100 Controller's Budget 213.0 Travel 100 214.0 Telephone & Telegraph 300 213.0.Travel 400 362.0 Stationery & Printing 50 260.1 Other Contractuals 28,000 363.0 Other Office Supplies 100 510.0 Insurance 49,000 6,274 530.0 Refunds, Awards, In- demnities 10,000 City Attorney 725.0 Office Equipment 1,000 $88,400.00 213.0 Travel 900 261.2 Title Insurance 150 City Clerk 721.0 Furniture & Fixtures 250 1,300 213.0 Travel 100 363.0 Other Office Supplies 100 520.0 Rents 100 725.0 Office Equipment 150 450 REGULAR MEETING AUGUST 29, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Common Council 213.0 Travel $1,000 363.0 Other Office 55,050 (7) Supplies 150 550.0 Subscriptions & 111,800 (28) Dues 100 721.0 Furniture & Fixtures 250 725.0 Office Equipment 800 2,271,250 (6) 2,300 Board of Public Works lst class 213.0 Travel 200 214.0 Telephone & Telegraph 1,000 1,200 Morris Civic Auditorium 213.0 Travel 200 252.0 Equipment Repair 700 550.0 Subscriptions & Dues 50 950 City Engineer 110.0 Salaries 710 722.0 Motor Equipment 1,200 1,910 Bureau of Traffic & Lighting Bureau of Buildings & Permits 213.0 Travel 722.0 Motor Equipment Police Dept. 110.0 Salaries Captains Patrolmen Secretary II Clerk II Merit Board Co- ordinator 262.4 Data Processing 540.0 Clothing Allowance 722.0 Motor Equipment Fire Dept. 110.0 Salaries (1) Chief $19,850 (3) Asst. Chief 55,050 (7) Battalion 222.0 Gas 2,000 Chief 111,800 (28) Captains 379,400 (47) Lieutenants620,400 400 (180) Engineers 2,271,250 (6) Firemen 2,000 726.0 lst class 63,900 (2) Firemen 20,000 $ 100 800 900 10,000 18,025 7,781 14,662 13,000 45,000 2,000 +2,000 101-3i 15,000 *see minutes of September 26 for a few minor changes 213.0 Travel 400 130.0 Overtime 4,200 222.0 Gas 2,000 214.0 Telephone & 251.0 Bldgs &Structure Repair 3,000 Telegraph 400 260.0 Other Contractuals 500 260.0 Other Contractuals 1,000 430.0 Repair Parts 2,000 726.0 Other Equipment 3,000 724.0 Radio Equipment 3,000 8,600 726.0 Other Equipment 36,200 62,100 Bureau of Communications Bureau of Building Maintenance 251.0 Bldgs. & Structure 130.0 Overtime 1,310 Repair 300 321.0 Gasoline 13,000 300 333.0 Other Institutional & Med. Supplies 800 Sub - Standard 15,110 722.0 Motor Equipment 800 Mayor's Environmental Action Center 800 213.0 Travel 25 Bureau of Vehicle Maintenance 241.0 Printing 25 243.0 Photo & Blueprinting 200 110.0 Salaries 252.0 Equipment Repair 25 Janitor 8,569 363.0 Other Office Supplies 50 120.0 Mech. I 18,720 722.0 Motor Equipment 200 331.0 Household, Laundry 525 & Cleaning 1,500 28,789 Fire Pension Park Department 213.0 Travel 100 252.0 Equipment Repair 50 110.0 Salaries, Reg. +12,000 362.0 Stationery & Printing 150 120.0 Salaries, Temp. 47,000 534.0 Death Benefits 4,000 260.0 Other Contractuals 2,000 560.0 Premiums Official Bonds 40 262.3 Paving 2,000 4,340 340.1 Recreation 1,000 410.0 Bldg. Materials 1,000 Police Pension 440.0 Other Materials 1,000 510.0 Insurance 15,000 213.0 Travel 100 520.0 Rents 1,000 260.0 Other Contractuals 500 620.0 Social Security 11,000 370.0 Other Supplies 200 630.0 P.E.R.F.. 8,000 534.0 Death Benefits 4,000 722.0 Motor Equipment 20,000 560.0 Premiums on Official Bonds 30 726.0 Other Equipment 10,000 4,830 107,000 Cumulative Capital Improvement Fund Human Rights Decrease 49.0260.0- 000 -49 56,000 Increase 49.0520.1.000.49 256,000 213.0 Travel 200 Art Association 5,600 361.0 Official Records 100 Hospital Fund 44,200 300 Building Demolition 19,503 Cumulative Sewer Fund 29,600 *see minutes of September 26 for a few minor changes L REGULAR MEETING AUGUST 29, 1977 COMMITTEE OF THE WHOLE MEETING CONTINUED seconded by Council Member Dombrowski. The motion carried. Council Member Adams indicated that a cut of $49,000 was approved for'nsurance under the Controller's budget, and she wanted to know if:a decision had been made as to what area that will be taken from. Mr. Mullen indicated it wil either be bodily injury or liability.: Council Member Adams indicated she would like to go on record that it come from bodily injury. not from liability. Council Member Miller made a motion to recommend the bill, as amended, to the.Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 123 -77 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECES- SARY EXPENSES FOR THE FISCAL YEAR ENDING DECEMBER 31, 1978. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He gave the following amendments to the proposed levies: FUND LEVY ON PROPERTY AMOUNT TO BE RAISED Corporation General 3.3967 $10,054,232 Park Maintenance 0.0648 1,918,080 Human Rights 0.0157 46,472 Firemen's Pension 0.2461 728,456 Policemen's Pension 0.2378 703,888 Hospital 0.0051 15,096 Art Association 0.0082 24,272 Cumulative Sewer 0.2400 710,400 Building Demolition, Repair & Contingent 0.0035 10,360 Totals 5.1440 $15,266,240 Council Member Kopczynski made a motion to amend the bill, seconded by Council Member Adams. The motion carried. Council Member Kopczynski made a motion to recommend the bill, as amended, to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 115 -77 A BILL APPROPRIATING $8,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE BUREAU OF POLICE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He said the majority of this money will be used to pay the bills incurred for Cpl. Woods. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 116 -77 A BILL APPROPRIATING $7,500 FROM THE FEDERAL ASSISANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR VARIOUS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPART- MENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He said at the present time there is inadequate working space in the Legal Depart- ment to accomodate legal interns, deputies, and secretaries. He said he had explored other avenu( in order to obtain this money, such as CCIF but they could not use money from this fund for this purpose. He said this appears to be the only alternative. Council Member Adams indicated she thought the funding was going to come from a different source, other than Revenue Sharing. She said she felt that erection.of one wall would be sufficient. She said since they are going to use Revenue SHaring funds, she would like to make a motion to continue public hearing on this matter until the entire Council could look at this project, seconded by Council Member Kopczynski, The motion carried on a roll call vote of seven ayes (Council Members Serge, Miller, Taylor, Kopczynski, Adams,, Horvath and Parent) and two nays (Council Members Szymkowiak and Dombrowski). BILL NO. 117 -77 A BILL APPROPRIATING $97,400.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING GRANT, FOR VARIOUS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF STREETS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He said a review had been made of the eighty -seven vehicles used by the Street Department and a five -year replacement program was developed. He said the first year of the program is listed as 1977, and the estimated cost is $357,000. He said this is a rather large requirement, but it could be addressed through the 1977 Equipment Replacement line item and through utilitzation of anticipated excess MVH receipts. He said they had reviewed the replacemen program and identified those vehicles which are in dire need of replacement. He said this request together with the balance of the existing budget will serve to assist in purchasing these outstand ing vehicles. Council Member Szymkowiak made a motion to recommend this bill to the Council favor seconded by Council Member Adams. The motion carried. BILL NO. 118 -77 A BILL APPROPRIATING $5,000 FROM THE ANTI - RECESSION FUND, COMMONLY REFERRED TO AS COUNTER - CYCLICAL GRANT, FOR VARIOUS ADMINISTRATION PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF AD- MINISTRATION AND FINANCE. le, 25 REGULAR MEETING AUGUST 29, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He said this appropriation was to cover the salary for the Merit Board Coordinator John Cimino, for the final four months of 1977. He said the present contract for this salary, being paid out of Criminal Justice Funds, expires at the end of August. He said the salary for this position is included in the 1978 budget for the coming year. Council Member Kopczynski aske what the annual salary was for the position. Mr. Mullen indicated it was $13,000 for 1978 and the 1977 salary was 12,000. Mr. Mullen indicated it also included the fringe. Council Member Adams asked if he would send a brief description of the job duties. Mr. Mullen indicated he would be working with the Police Merit Board. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. Council President Parent asked the amount of Counter - Cyclical Funds that had been received. Mr. Mullen indicated that so far $90,000 had been received and it was estimated they would receive between $150,000 to $175,000. The motion carried. BILL NO. 119 -77 A BILL APPROPRIATING $98,314 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR THE CONTINUATION OF URBAN RENEWAL ACTIVITIES, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT /DIVISION OF COMMUNITY DEVELOPMENT AND THE DE- PARTMENT OF REDEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Carl Ellison, Director of Community Development, made the presentation for the bill. He said this bill seeks funding for the administrative functions of Community Development. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Memberpombrowski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Adams made a motion to rise and report to the Council, seconded by Council Member Kopczynski. The motion carried. ATTEST: a"_� Ir City Clerk REGULAR MEETING RECONVENED ATTEST: Chairman Be it remembered that the regular meeting of the Common Council of the convened in the Council Chambers on the fourth floor of the County -City Council President Parent presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 6203 -77 City of South Bend re- Building at 4:47 p.m., AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE ANDINDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO AMERICAN TOOL & DIE, INC. This bill had second reading. Council Member Taylor made a motion to by.Council Member Dombrowski. The bill passed by a roll call vote of BILL NO. 110 -77 A BILL APPROVING THE FORM AND TERMS OF LEASE INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE AUTHORIZING THE EXECUTION THEREOF PERTAINING POWER TRANSMISSION COMPANY, INC. pass the bill, seconded nine ayes. AND TRUST BONDS, AND TO 14IDSTATE Council Member Miller made a motion to continue public hearing and second reading on this bill to September 12, 1977, _seconded by Council Member Adams. The motion carried. ORDINANCE NO. 6204 -77 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THREOF PERTAINING TO BENEDICT R. LEYBA AND ELSIE M. LEYBA, HUSBAND AND WIFE; STEVEN M. SULENTIC AND DONNARAE M. SULENTIC, HUSBAND AND WIFE; AND DUANE D. BEVIS. This bill had second reading. Council Member Taylor made a motion to pass the bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6205 -77. AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO RALPH D. LOMAZ, MANUEL C. SPATZ, IRA M. WEISMAN AND JAMES G. ZMUDZINSKI (ALUMA PRODUCTS CO., INC. PROJECT). This bill had second reading. Council Member Taylor made a motion to amend the bill, as amended, in the Committee of the Whole, seconded by Council Member Adams. The motion carried. Council Member Adams made a motion to pass the bill, as amended, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. REGULAR MEETING AUGUST 29, 1977 REGULAR MEETING (CONTINUED) ORDINANCE NO. 6206 -77 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVE- NUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO W. J. HAGERTY & SONS, LTD., INC. This bill had second reading. Council Member Adams made a motion to pass the bill, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6207 -77 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO EUGENE C. MUTA. This bill had second reading. Council Member Adams made a motion to pass the bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6208 -77 AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1978 AND ENDING DECEMBER 31, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Adams made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Count Member Adams made a motion to pass the ordinance, as amended, seconded by Council Member Dombrow: The ordinance passed by a roll call vote of nine ayes. ORDINANCE NO. 6209 -77 AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSE FOR THE FISCAL YEAR ENDING DECEMBER 31, 1978. This bill had second reading. Council Member Adams made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6210 -77 AN ORDINANCE APPROPRIATING $8,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE BUREAU OF POLICE. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Adams. The bill passed by a roll call vote of nine ayes. BILL NO. 116 -77 A BILL APPROPRIATING $7,500 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY KNOWN AS GENERAL REVENUE SHARING FOR VARIOUS PROGRAMS TO BE AD- MINISTERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE. Council Member Miller made a motion to continue this bill for public hearing and second reading September 12, 1977, seconded by Council Member Taylor. The motion carried. ORDINANCE NO. 6211 -77 AN ORDINANCE APPROPRIATING $97,400.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING GRANT, FOR VARIOUS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF STREETS. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6212 -77 AN ORDINANCE APPROPRIATING $5,000.00 FROM THE ANTI - RECESSION FUND, COMMONLY REFERRED TO AS COUNTER - CYCLICAL GRANT, FOR VARIOUS ADMINISTRATION PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6213 -77 AN ORDINANCE APPROPRIATING $98,314.00 FROM THE COM- MUNITY DEVELOPMENT BLOCK GRANT FUND, FOR THE CON- TINUATION OF URBAN RENEWAL ACTIVITIES, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT /DIVISION OF COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF REDEVELOPMENT. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. 1 i. 127 REGULAR MEETING AUGUST 29, 1977 REGULAR MEETING (CONTINUED Council Member Horvath made a motion to recess for one hour, seconded by Council Member Adams. The motion carried and the meeting was recessed at 5:00 p.m., and reconvened at 6:15 p.m. RESOLUTIONS RESOLUTION NO. 571 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING THE BOARD OF PUBLIC WORKS TO NEGOTIATE C.THE SALE OF A PRACEL OF LAND LOT NUMBERED ONE HUNDRED THIRTY -NINE (1'39-)' AS SHOWN ON THE RECORDED PLAT OF SOUTHEAST ADDITION TO THE CITY OF SOUTH BEND, ALSO KNOWN AS 923 E. BOWMAN. WHEREAS, the Board of Public. Works of the City of South Bend, pursuant to the Municipal Code of the City of South Bend, Section 14.5- 2(e)(5), has offered for sale a parcel of land Lot Numbered One Hundred Thirty -Nine (139) as shown on the recorded Plat of Southeast Addition to the City of South Bend, also known as 923 E. Bowman, at an offering price of $999.00, and WHEREAS, the Board of Public Works of the City of South Bend has now received an offer to purchase the property at 923 E. Bowman for a price of $750.00, and WHEREAS, The Board of Public Works has now complied with all requirements of the Municipal Code of the City of South Bend, Section 14.5 -2, which establishes procedures for the disposition of real property owned by the City of South Bend, and more specifically real property valued by the Board at less than $1,000. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend that: SECTION I. The Board of Public Works be authorized to negotiate a contract for the sale of Lot Numbered One Hundred Thirty -Nine (139) as shown on the recorded Plat of Southeast Addition to the City of South Bend, commonly known as 923 E. Bowman, for a total price of $750.00. SECTION II. This resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. /S/ Terry S. Miller Member of the Common Council A public hearing was held at this time on the resolution. Mr. Patrick McMahon, Director of Public Works, said this resolution was for the sale of land at 923 E. Bowman. He said an apprais price was established at $999 and the price offered was $750. He said this offer was accepted by the Board of Public Works. Council Member Adams asked the size of the lot. Mr. McMahon in- dicated it was a normal size lot. Council Member Adams made motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 572 -77 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION, A GRANT APPLICATION FOR LOCAL PUBLIC WORKS CAPITAL DEVELOPMENT AND INVESTMENT FUNDS FOR THE REHABILITATION OF THE EAST BANK RETAINING WALL; CONSTRUCTION OF AN EAST BANK WALKWAY AND CANOE PORTAGE FACILITY, TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS AND THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City, and is the Applicant for a Public Works Employment Grant under Title I of the Public Works Employment Act of 1976, as amended. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of South Bend, Indiana: SECTION I. Hereby established the authority of the Mayor of the City of South Bend to sub- mit an application for Local Public Works Grant funds in the amount of Three Hundred and Ten Thousand Dollars (310,000) to the U.S. Department of Commerce under Title I of the Public Works Employment Act of 1976, as amended. SECTION II. The Director of the Department of Public Works and the Director of the De- partment of Human Resources and Economic Development will be designated the Administrative Agents for this project. For every category established under this Resolution, the Mayor shall submit to the Common Council a line item budget prior to the 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 the resolution. Mr. Carl Ellison, Director of Human Resources, indicated this resolution seeks authorization to submit an EDA Application. He said the City qualified for funding of $528,000. He said $310,000 of this amount will be used for this project. Council Member Miller made a motion to adopt this resolution, seconded by Council Member Dombrowski. Council President Parent questioned the location of the canoe portage, as he had heard it was potentially dangerous, since it was located above the dam. Mr. McMahon indicate they had received no complaints about the location. Council Member Miller indicated that perhaps a cable could be put across the river for boats that are in trouble. The resolution passed by a roll call vote of nine ayes. REGULAR MEETING AUGUST 29, 1977 REGULAR MEETING RECONVENED (CONTINUED) RESOLUTION NO. 573 -77 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE U. S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION, A GRANT APPLICATION FOR LOCAL PUBLIC WORKS CAPITAL DEVELOPMENT AND INVESTMENT FUNDS FOR THE CONSTRUCTION OF A LANDSCAPED, LIGHTED, SURFACE PARKING LOT TO SERVE CENTURY CENTER, TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS AND THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City, anc is the Applicant for a Public Works Employment Grant under Title I of the Public Works Employment Act of 1976, as amended. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of South Bend, Indiana: SECTION I. Hereby established the authority of the Mayor of the City of South Bend to sub- mit an application for Local Public Works Grant funds in the amount of Two Hundred and Eighteen Thousand Dollars (218,000) to the U. S. Department of Commerce under Title I of the Public Works Employment Act of 1976, as amended. SECTION II. The Director of the Department of Public Works and the Director of the Departm nt of Human Resources and Economic Development will be designated the Administrative Agents for this project. For every category established under this Resolution, the Mayor shall submit to the Common Council a line item budget prior to the expenditures of any grant money received upon ap- proval 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 the resolution. Mr. Carl Ellsion, Director of Human Resources, said this resolution was for the balance of public works grant money in the amount of $218,000. He said the money would be used for landscaping, lighting and resurfacing the parking lot at Century Center. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Dombrowski. Council Member Adams asked if any of this grant money would go back to the Street Department for in -kind services they have been rendering. Mr. McMahor indicated that they had been attempting to utilitze the Street Department's services in order to bring the figure down to $218,000. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 574 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO ACQUIRE CERTAIN UTILITIES. WHEREAS, the Common Council of the CIty of South Bend, Indiana, finds that it is in the best interest of the city to acquire the water and sewage disposal facilities of Clay Utilities, Inc., and the wells and land heretofore purchased by Clay Utilities, Inc. from Aqua, Inc. at the price herein stated. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: SECTION 1. The City of South Bend shall acquire by outright purchase or by lease - purchase in the manner deemed most expedient the water and sewage disposal facilities of Clay Utilities, Inc. in use or useful in the rendering of water and sewage utility services in German and Clay Townships in St. Joseph County, Indiana, and the wells and the land heretofore purchased by Clay Utilities, Inca from Aqua, Inc., together with additions, improvements, appurtenances and booster station at a total price of Two Million Dollars ($2,000,000.00), and that the city proceed forthwith to take such steps as are deemed necessary and appropriate to so accomplish acquisition of such facilities by purchase or by lease. SECTION 2. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Richard C. Dombrowski /s /Joseph T. Serge /s /Walter Szymkowiak /s /Terry S. Miller /s /Roger G. Taylor A public hearing was held at this time on the resolution. Mayor Peter J. Nemeth, indicated this resolution deals with Clay Utilities, including Aqua, Inc. He said this resolution indicates a serious intent on the part of the Council to purchase this facility for $2,000,000. He said there was no agreement with the owners to purchase the facility at this price. He said be be- lieved that the purchase of this facility was in the best interests of the City. Mr. Richard Larrison, County Commissioner, 52907 Forrest Brook, indicated he had spoke against this purchase previously, and how Clay Utilities was pumping raw sewage in Mishawaka. He indicated that raw sewage was being put in Judie Creek. He said he would ask the Commissioners to file charges against Clay Utilities for the dumping of this raw sewage into Judie Creek. He indicated that this facility was not up -to -par. He said it also seems strange that the deadline keeps being extended. Mayor Nemeth asked the Council to strike all previous ordinances and the resolution on Clay Utilities. Mr. Phillip Barkley, 50690 Portage Road, County Councilman, asked a series of questions regarding this proposed purchase. REGULAR MEETING AUGUST 29, 1977 REGULAR MEETING RECONVENED (CONTINUED He said these questions should be answered before final action was taken on this resolution. Mayor Nemeth indicated it would not be possible to answer all of these questions this evening. He indicated that the Administration did not know if the owners of Clay Utilities would be willing to sell. Council Member Taylor indicated that he felt the Council has always wanted to buy Clay Utilities and the only thing they have been debating has been the price tag. He in- dicated he felt 2.0 million was a fair price for the facility. Council Member Dombrowski read a statement as to why he changed his vote regarding the purchase of this facility. He said by voting for this resolution, he did not commit himself to annexing Clay Township. Council Member Horvath indicated he was not in favor of spending 2.0 million for a facility outside of the City. He said he could not see jeopardizing the surplus funds the citizens of South Bend have built up. He said if we use our City funds to subsidize this facility, then we will have to raise the water rates. Council Member Adams indicated she would like to wait and see if the price will drop further. She said she could not see spending $2,000,000 for a system that is supposedly in- adequate. Council Member Kopczynski indicated that the price was too high. He indicated that the Council has a Utilities Committee and he thought they should get into the funds of the South Bend Water Works. He made an amendment to the resolution to change the amount from $2,000,000 to $1,600,000, seconded by Council Member Horvath. The motion lost on a roll call vote of four ayes (Council Members Kopczynski, Adams, Horvath and Parent) and five nays (Council Members Serge, Szymkowiak, Miller, Taylor and Dombrowski). Council Member Szymkowiak made a motion to adopt the resolution, seconded by Council Member Taylor. Council President Parent indicated that by delaying this the Council's position has been proven correct. He indicated $1,200,000 was a reasonable price. He said the reduction of close to $300,000 was made possible by Council. He said that they were told that never, never would it be available at a lower price. He said there is no urgency to purchase Clay Utilities at the 2.0 figure. Council Member Adams indicated the Utilities Committee had sent a letter to the Administration regarding outside users of water and sewage, and if the contracts were fair and equitable to all. She said she would like to know whe the Committee will get an answer to their questions. Mr. McMahon, Director of Public Works, in- dicated they expect to have a reply to the Committee within a week. Council Member Horvath said he was sorry that Mr. Barkley did not get answers to his questions. He indicated that he would not approve any improvements to Clay Utilites, that would involve City taxpayers' money. A roll call vote was taken on the motion and the resolution passed by a vote of five ayes !(Council Members Serge, Szymkowiak, Miller, Taylor and Dombrowski) and four nays.(Council Members Kopczyns Adams, Horvath and Parent). RESOLUTION NO. 575 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO ACQUIRE THE WATER FACILITIES OF RIVER COMMONS. WHEREAS, the Common Council of the CIty of South Bend, INdiana, finds that it is in the best interests of the city to furnish water and sewage disposal facilities to the area located in Clay Township, St. Joseph County, Indiana, commonly referred to as the Laurel Woods area, constituting an approximate 38 -acre tract of land; and WHEREAS, the Common Council now finds that the water facilities owned by South Bend Federal Savings and Loan Association of South Bend, Indiana, and known as the River Commons Utility, should be acquired by the city of the purpose of furnishing such water service at the price hereil stated. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that SECTION 1. The City of South Bend, Indiana, acquire by purchase or by lease - purchase from South Bend Federal Savings and Loan Association of South Bend, Indiana, in the manner deemed most expedient the water service facilities known as the River Commons Utility in Clay Township, St. Joseph County, Indiana, and take such steps as are necessary to connect to the sewer services presently furnishing the River Commons Addition at a total price of One Hundred Eleven Thousand Dollars ($111,000.00), and that the city proceed forthwith to take such steps as are deemed nec- essary and appropriate to so accomplish the acquisition of such facilities by purchase or by lease. SECTION 2. This resolution shall be in full force and effect from and after its adoption the Common Council and approval by the Mayor. /s /Richard C. Dombrowski /s /Joseph T. Serge /s /Walter M. Szymkowiak /s /Terry S. Miller /s /Rogert G. Taylor A public hearing was held at this time on the resolution. Mayor Peter J. Nemeth indicated that this was related to the Laurel Woods site. He said the City would be required to furnish water and sewage facilities to Laurel Woods. He said River Commons has a waterworks and it would be cheaper to purchase this facility then to run our own lines. Mr. Phillip Barkley, County Council man, indicated he thought it should be established whether or not a separate utility was going to be established with this purchase and under what State statute this was authorized. Council President Parent asked if this would be an outright purchase from the Water Works Fund, are we going to have a separate facility. Mayor Nemeth indicated he could not answer that question to- night. Council Member Adams asked if any type of fiscal analysis was done on this proposed pur- chase. Mr. John.Stancati, Director of the Bureau of Water, indicated this was for the purchase o two wells, and includes all the water lines that go to every individual home. He said River Com- mons could furnish water to approximately three hundred homes. He indicated they could handle the Laurel Woods area with what they have now at that facility. Council Member Dombrowski made a motion to adopt this resolution, seconded by Council Member Szymkowiak. Council President Parent indicated he thought the price was not too bad for this facility. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Horvath). REGULAR MEETING AUGUST 29, 1977 REGULAR MEETING RECONVENED (CONTINUED) RESOLUTION NO. 576 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE URBAN RENEWAL PLAN TOGETHER WITH THE PROPOSED AMENDMENTS THERETO AND PLAN CHANGES AND FEASIBILITY OF RE- LOCATION FOR THE CENTRAL DOWNTOWN PROJECT, INDIANA R -66. WHEREAS, under the provisions of Title 1 of the Housing Act of 1949, as amended, the De- partment 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 project 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 re- habilitation 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 considerati( 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 Rbuth Bend: Department of Redevelopment (herein called the "Local Publi4 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, Indiana R -66" and-encompassing the area bounded by aline drawn as follows: Beginning at a point formed by the intersection of the north right -of- way line of LaSalle Avenue and the west right -of -way 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 Jeffer Boulevard; thence east along the south right -of -way line.of Jefferson Boulevard to the west righ of -way line of Main Street; thence south along the west right -of -way line of Main Street to the south right -of -way line of Monroe Street; thence east along the south right -of -way line of Monro 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 proceeding in a northeasterly direction along said right -of -way to the center of the St. Joseph River; thence proceeding in a northwesterly directi along the center of the St. Joseph River to the north right -of -way line of LaSalle Avenue; thenc 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 Housin< and Urban Development for the undertaking of, and for making available additional financial as- sistance 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 appraise( by the Local Public Agency and are aware of these facts and conditions. Due to the changing maket 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, as subsequently amended; and WHEREAS, the Urban Renewal Plan, as amended, and said revisions and plan changes proposed those certain-,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. 540 approving the Urban Renewal Plan and said revisions and plan changes which resolution and which revised pages are attached thereto; and WHEREAS, a general plan has been prepared and is recognized and used as a guide for the general 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 re- port and recommendations respecting said Urban Renewal Plan, as amended, and said revisions and plan changes for the Project Area and has certified that said Urban Renewal Plan, as amended, and said revisions 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 ;on x_31 REGULAR MEETING AUGUST 29, 1977 REGULAR MEETING RECONVENED (CONTINUED) WHEREAS, the Urban Renewal Plan, as amended, and said revisions 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 and may be displaced as a result of carrying out the Project in accorda with said Urban Renewal Plan, as amended, and said revisions and plan changes; and WHEREAS, there have also been presented'to the Governing Body information and data respecti 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 and in- formation obtained 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 familites that may be displaced with the Project Area and, in the light of such knowledge of local housing conditions, have carefully considered and re- viewed 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, as amended, and said revisions and plan changes for theProject, in conformity with the contracts for financial assistance between the Local Public Agency and the United States of America acting by and through the Department of Housing and Urban Development 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 I, including those proscribing 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 qualified as an eligible Project Area under the Redevelopment of Cities and Town Act of 1953, as amended. 2. That the Urban Renewal Plan, as amended, and said revisions and plan changes thereto proposed, presented at this meeting for the Project aforementioned, having been duly reviewed and considered, are hereby approved, and the City Clerk be and is hereby directed to file copies of said Urban Renewal Plan, as amended, and said revisions 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, as amended, and the said revisions and plan changes cannot be achieved through more extensive rehabilitation 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, as amended, and said revisions and 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 provided pursuant to the contract for Federal financial assistance pertaining to the Project is necessary to enable the Project to be undertaken in accordance with the Urban Renewal Plan, as amended, and said revisions and'.plan changes for the Project Area. 6. That it is hereby found and determined that the above mentioned Urban Renewal Plan, as amended, and said revisions and plan changes for the Project Area will afford maximum opportunity, 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, as amended, and said revisions and plan changes for the Project Area give due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for the 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 individuals and families displaced in carrying out the Project in decent, safe, and sanitary 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 such .dwellings or duelling units available or to be made available to such displaced individuals and families are at least equal in number to the in- dividuals and families, are not generally less desireable in regard to public utilities and public and commercial 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 individuals and families, and are reasonably accessible to their places of employment. 1' REGULAR MEETING AUGUST 29 1977 REGULAR MEETING RECONVENED (CONTINUED 9. That in order to implement and facilitate the effectuation of the Urban Renewal Plan, as amended, and said.revisions and plan changes hereby approved, it is found and determined that certain official action must be taken by this Governing Body with re- ference, 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 relocation 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) request the various officials, departments, boards, and agencies of the City having 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 Urban Renewal Plan, as amended, and by those certain pages presented at this meeting; and (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate said Urban Renewal Plan, as amended, and by those certain pages presented at this meeting. 10. That additional financial assistance under the provisions of Title I of the Housing Act 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, as amended, and said revisions and plan changes for the Project Area and, accordingly, the filing by the Local Public Agency of an application or applications forsuch financial assistance under said Title I is hereby approved. 11. Redevelopment shall submit to the Common Council for approval, a detailed listing of the expenditure of any grant money received for expenditure in the project area. /s /Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Mayor Peter J. Nemeth, said this resolution approves the urban renewal plan for the Century Mall. He said the assessed valuation of the downtown area has increased, with the new construction that has taken place. He said we have had some flight from the City, as retailers have been heading to the suburbs. He read a list of all of the retail stores that have left the downtown area. He said Urban Observatory did a study which revealed that 76.50 of the people in South Bend think an attractive downtown is important; 87% agree that downtown South Bend needs new businesses. He said national firms are not interested in downtowns. He said parking and lack of stores were the two reasons people would not come downtown. He indicated that retailers do not want to come downtown, they will come if you offer competative rates. He said in regard to the proposed Century Mall the-City would provide the common area, make the,site ready and provide parking. He said the developers have indicated they would like seven hundred parking spaces. He said he felt that the fact that local people were willing to invest their own money in our downtown was a credit to the City. He said this development would create 270 jobs in the mall. He said the assessed valuation of all properties, excluding the Sherland Building and the City parking garage, is $711,320, which bring in an annual revenue of $66,470. The private investment is at least 4.5 million, which is double the assessment._ - Ms. Barbara Schankerman, 1615 Rockne Dr., presented a petition with approximately 450 signatures against the needless demolition and for the preservation of the Odd Fellows Building. She then read a four page statement regarding this proposed project. Mr. Joseph D. Anderson, attorney, and partner in the 104 S. Main Street Venture, the owners of the Odd Fellows Building, indicated that when they purchased this building it was lauded as an ex- pression of confidence in the downtown area. He said before they purchased the building they made sure it was not on the R66 acquisition list. He said they are not selling this building. He said this matter will be tied up in the courts for an infinity. Mr. Chris Overguaard, 1958 Briarway, indicated that he was a tenant in the Odd Fellows Building and it did not make good sense to tear down a sound building. Mrs. Jane Swan, 2022 Swygart, indicated she would like to know if a letter of intent was binding. She said she would like to know what commitment.the. City will have to make to the developers. She indicated that the resolution stated that the buildings in the proposed area were substandard. She asked if the City was allowing substandard buildings to remain, and if so, the City has been shirking its responsibilities. Mr. Douglas Kline, 63551 Miami Road, President of Powers Drugs, indicated he did not appreciate receiving information that his .store was to be torn down, through the newspaper. He said he was never contacted to be a part of the mall. He asked where these stores will go if they have to be relocated. Mr. Edgar Wertheimer, of Newman's, indicated he did not challenge the concept of the mall, but he thought the merchants should have some protection. Mr. Richard Doyle, 720 Park Avenue, an attorney in the Odd Fellows Building, as well as a State Representative, indicat, he believed this program to be fundamentally unsound to the City. Council Member Kopczynski made a motion to recess, seconded by Council Member Adams. The motion carried and the meeting was recessed at 8:25 p.m., and reconvended at 8:36 p.m. Mrs. Edith Hawley, owner of Jefferson Book Store, spoke against the mall. She indicated she had not been approached by the developers to go into the Mall. Mr. Kenneth Peczkowski, owner of Griffon Book Store, spoke against the proposed mall. He indicated that none of the small busine have been contacted. He indicated that other countries have discovered that business can operat from old buildings and it is not necessary to have a controlled atmosphere. Mr. T. Brooks - Brademas, 1614 Devon Circle, spoke againstthe Century Mall. He indicated that high -rise buildin should be put downtown to make better use of the land. He indicated he had successfully develop a thriving mall in old buildings. Ms. Patricia Hughes, 1714 E. LaSalle, manager of Lane Bryant store, indicated she was concerned about the small business.. She urged the Council to think thi matter over very carefully. Mrs. Angela Berg, 1730 Stocker Place, indicated serious thought should be given to the renovation of existing buildings. Council President Parent indicated he did not adhere to the policy of tearing down. He said the City was at the end process of a policy of tearing down without any kind of commitment. He said the Council wasnot being asked tonight to tear down any business. He said they were being asked to give their approval to continue working on the idea of Century Mall. Council Member Miller indicated the Council-__and the Administration does not have all of the answers, but they have to proceed with some plan for the downtown area. He said he strongly supported the affect expressed in this resolution. Council Member Dombrowski indicated that approval of this resolution was to only obtain Federal funds from HUD for continuation of downtown redevelopment and this does not commit the approval ;ses s d ._ REGULAR MEETING AUGUST 29, 1977 REGULAR MEETING RECONVENED (CONTINUED) passed this resolution, and the money was obtained from HUD, does Redevelopment have to come back to the Council for approval of tearing down any of these businesses. Mayor Nemeth in- dicated that the Administration would have to come back to the Council because HUD will not give the City the money without the Council approving a resolution, which would guarantee the City would meet its financial commitments. Council Member Horvath asked, at that point would the Council have the right to change the land usage. The Mayor indicated the Council would not have the right to change the land usage. Council Member Adams indicated there were three reason for this resolution: to clear a blighted area to receive tax benefits for the land; to let some flexibility for the land use plan; and to allow Redevelopment to apply for more Federal funds. She made an amendment to the resolution, on page 4, by addition a Section ll., which would read "Redevelopment shall submit to the Common Council for approval a detailed listing of the ex- penditures of any grant money received for expenditure in the project area," seconded by Counci Member Horvath. Mr. Wayne Brownell, Director of Redevelopment, indicated that the Council would have an opportunity to approve any of the Federal funds before they are spent. Council Member Kopczynski indicated that once this is submitted to the Federal Government you cannot change the plans or you will not get the money. Mr. Brownell said that in this situation HUD has said that unless the Council approves the expenditure of the funds and agrees with the conditions put upon them, the City will not get the money. Council Member Horvath indicated there should be alterna- plans and sketches. He said he would like to continue this resolution until the next meeting an( meet with the developers and the Redevelopment Commission. The motion carried. Council Member Serge indicated this plan was given favorable recommendation by the Area Plan. Council Member Kopczynski indicated that Minneapolis had a successful mall and it was built by face lifting older buildings and putting in some new ones. He said it would be unfortunate to lose some of our old fine businesses that are thriving, due to demolition. He said he thought a package should be developed.to protect the merchants. He said the blend of the old with the new has always been a good thing. Council Member Kopczynski made a motion to delay this resolution until such time as thepromoters of this project could come up with a complete plan as to safe- guarding not having another hold, seconded by Council Member Horvath. Council Member Horvath indicated he would like to meet with the developers and Redevelopment within the next two weeks. Council Member Adams indicated there seemed to be some misconception regarding this resolution, she indicated this must come back to the Council for approval. Mr. Brownell indicated we have to come to the Council for certain commitments in order to satisfy HUD. Council Member Adams asked if they must come back before anything can be done downtown to get any of the money. She asked Council Members Kopczynski and Horvath to withdraw their motion and show a vote of confidence in this resolution. Council Member Horvath asked for an explanation of the procedure involved and the impact of this resolution. Mr. Kevin Butler, attorney for the Redevelopment Commission, indicated that as a matter of law the changes in the plan have to be approved by the Council and by the Commission, after public hearing, with respect to the properties that are on the acquisition list. He said this does not obligate or require Redevelopment to tear . those properties down. He said the City is not locking itself into tearing those buildings down. He said that Mr. Brownell indicated that before Redevelopment receives the 2.1 million they will have to come back to the Council for approval, so you will be determining how that money is going to be spent. Council Member Adams indicated that before any properties could even be bought, let alone relocated or torn down, Redevelopment must come back to the Council for approval of the plan. She asked if approval of this resolution is given tonight then Redevelopment can not do anything until they come back to the Council. Mr. Brownell indicated that was correct. Council President Parent said that unless there is an objection from the Council, debate will be cut off after the next speaker. Council Member Kopczynski asked Mr. Brownell if the Council would approve any buildings, or all buildings scheduled for demolition. Mr. Brownell indicated that the Federal funds will have to be approved by the Council before they can spend them. He said they will be approved on a line item basis. He indicated they would not tear down any buildings until the Council approves the money for the project. Council Member.Kopczynski asked if the Council approves the buildings. Mr. Brownell indicated he would agree that the Council would have to approve the buildings because you approve the expenditure of the money. Council Member Kopczynski asked if the buildings would be specified in the line item budget. Council President Parent indicated that this was the end of the debate. He said the questions have been answered sufficiently. He said the motion before the Council was to delay the resolution. Council Member Adams asked if they could have a vote of the Council to cut off debate, because she would like to continue this to clarify the issue. Council Member Miller made a motion to cut off debate, seconded by Council Member Taylor. The motion carried on a roll call vote of six ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Dombrowski and Parent) and three nays (Council Members Kopczynski, Adams and Horvath). A vote was taken on the motion to delay and it failed by a roll call vote of seven nays (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski and Parent) and two ayes (Council Members Kopczynsk and Horvath). Council Member Miller, made a motion to adopt the resolution, as amended, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Kopcyznski). BILLS, FIRST READING BILL NO. 129 -77 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (NORTHEAST CORNER OF MIAMI AND JACKSON). This bill had first reading. Council Member Horvath made a motion to refer this bill and petiti to Area Plan, seconded by Council Member Miller. The motion carried. BILL NO. 130 -77 A BILL TRANSFERRING $1,350.00 AMONG VARIOUS ACCOUNTS WITHIN THE BUREAU OF COMMUNICATIONS BUDGET IN THE GENERAL FUND OF THE CITY OF SOUTH BEND. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading September 12, 1977, seconded by Council Member Dombrowski. The motio carried. W REGULAR MEETING AUGUST 29, 1977 REGULAR MEETING RECONVENED (CONTINUED BILL NO. 131 -77 A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE I EXPENSES OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND OB- LIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading September 12, 1977, seconded by Council Member Dombrowski. The motio carried. BILL NO. 132 -77 A BILL APPROVING MONEYS FORTHE PURPOSE OF DEFRAYING THE CETA TITLE II EXPENSES OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading September 12, 1977, seconded by Council Member Dombrowski. The motio carried. BILL NO. 133 -77 A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE VI EXPENSES OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first hearing and second motion carried. BILL NO. 134 -77 reading. Council Member Adams made a motion to set this bill for public reading September 12, 1977, seconded by Council Member Dombrowski. The A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EX- ECUTION THEREOF PERTAINING TO FBT BANCORP, INC., PROJECT. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading September 12, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 135 -77 A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND COLE ASSOCIATES, INC., SOUTH BEND, INDIANA, FOR RENOVATION FEASIBILITY STUDY OF THE WATER WORKS BUILDING LOCATED AT 224 NORTH MAIN STREET, SOUTH BEND, INDIANA, IN THE TOTAL AMOUNT NOT TO EXCEED $3,500.00. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading September 26, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 136 -77 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO DIXIE DEVELOPMENT PARTNERSHIP. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading September 12, 1977, seconded by Council Member Dombrowski. The motion carried. UNFINISHED BUSINESS A bill appropriating $1,850.00 from the Federal Assistance Grant Fund, commonly referred to as General Revenue Sharing Grant, for various administrative programs to be administered by the City of South Bend through its Department of Administration and Finance." Council Member Adams made a motion to strike this bill from the record, seconded by Council Member Dombrowski. The motion carried. Report from Area Plan: "Upon a motion by Joseph Simeri, being seconded by Joseph Serge and carried with Michael Miles abstaining, the petition of Yeager- Brown, Inc., to zone from "R" Residential, "A" Height and Area, to "C" Commercial, "A" Height and Area, property located on the west side of Logan Street and north of Jefferson Boulevard, CIty of South Bend, is returned to the Common Council with an unfavorable recommendation as it is their feeling it is a needless extension and intrusion of a commercial use into a residential area." "Upon a motion by Earl Kime, being seconded by Joseph Serge and unanimously carried, the petition of Gold Rush, - South Bend, Ind, to zone from "C" Commercial, "A" Height and Area, for a change in Ireland Road, City of South Bend, is returned to the Common Council with a favorable recommendation, sub- ject to a final site plan and the posting of bonds for the required traffic signal." Council Member Taylor made a motion to set the appropriate bills for public hearing and second reading September 12, 1977, seconded by Council Member Adams. The motion carried. 435 tEGULAR MEETING AUGUST 29, 1977 REGULAR MEETING RECONVENED (CONTINUED) Council Member Miller made a motion to strike the three bills and one resolution involving Clay Utilities, Inc., from the record, seconded by Council Member Taylor. The motion carried, with Council Members Horvath and Parent opposing. Council Member Szymkowiak gave a report on the progress of Economic Development funds. There being no further business to come before the Council, unfinished or new, Council Member Dombrowski made a motion to adjourn, seconded by Council Member Adams. The motion carried and -the meeting was adjourned at 10:00 p.m. ATTEST: Cit Clerk APPROVED: Preside t :i,