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HomeMy WebLinkAbout05-08-78 Council Meeting Minutes262 REGULAR MEETING MAY 8, 1978 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 8, 1978, at 7:00 p.m. Council Presdient 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, Adams, Dombrowski, Horvath and Parent ABSENT: Council Member Kopczynski 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 April 24, 1978 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Roger 0. Parent /s /Mary Christine Adams Council Member Miller made a motion that the minutes of the April 24, 1978, meeting 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 by Council Member Taylor. The motion carried. COMMITTEE OF THE WHOLE Be it remembered Whole on Monday, presiding. BILL NO. 62 -78 that the Common Council of the City of South Bend met in the Committee of the May 8, 1978, at 7:02 p.m., with eight members present. Chairman Frank Horvath A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO H.T.W. PARTNERSHIP. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated that this bond issue was for $500,000, for the acquisition of property and construction of a facility located in the Airport Industrial Park. H.T.W. Partnership will lease this property and facility to Nyloncraft, Inc. He said this facility will result in the employment of approximately 45 new jobs with an annual payroll of approximately $450,000.00. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 63 -78 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO BRUNO EIDIETIS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated that this bond issue was for $150,000 for the acquisition of property and construction of a facility located at 401 North Michigan Street. He said Mr. Eidietis will lease the property and facility to Audio Specialists.' He said this new facility will result in the employment of approximately four new jobs and bring an annaual payroll of $40,000. BILL NO. 20 -78 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) (SOUTHWEST CORNER OF INTERSECTION OF IRONWOOD ROAD AND IRELAND ROAD.) Council Member ADams made a motion to table this bill, seconded by Council Member Dombrowski. motion carried. BILL NO. 21 -78 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) (SOUTHEAST CORNER OF WAYNE AND ST. LOUIS BOULEVARD.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. T. Brooks Brademus, the petitioner, made the presenta tion for the bill. He described the area to be rezoned. He said this complex would be 206 one bedroom apartments for the elderly and handicapped. Mrs. Mary DeBruyn, 311 S. St. Peter, indicat he wanted to know thejustification for another apartment complex for the elderly. She indicated she had heard there was a problem with parking. Mr. Brademus indicated there was sufficient demand for housing of this type in the community. He said that HUD has modified their parking rules and they only need to provide 25% off - street parking. He said the Board of Zoning Appeals had approved the reduction of the parking spaces. Council Member Adams indicated she was pleased to see elderly housing in the downtown area. Council Member ADams made a motion to recommend thi bill to the Council favorable, seconded by Council Member Dombrowski. Council President Parent indicated that perhaps screening should be put around the parking area. The motion carried. REGULAR MEETING MAY 8, 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED) BILL NO. 22 -78 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) (3451 LINCOLNWAY WEST.) G3 This being the time heretofore set for public hearing on the above bill, proponents and opponent! were given an opportunity to be heard. Mr. Russell Fisher, attorney for the petitioner, made the presentation for the bill. He asked that an amendment be made to delete Section I of the ordinance and petition. Council Member Adams made a motion to delete this section, seconded by Council Member Dombrowski. Mr. Fisher described the property sought to be rezoned. He said there would be two restaurants built in the _area. He indicated.that the property owners would police and keep the area clean. He said they would erect an eight foot fence on the north portion of the property. Council Member Szymkowiak asked if the site plan indicated the policinc of the area. Mr. John Wilson, the petitioner, indicated that the cleaning requirement was not or the site plan at the present time. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Miller. The motion Carrie( BILL NO. 42 -78 A BILL AMENDING CHAPTER 9, GENERALLY KNOWN AS THE FIRE PREVENTION ORDINANCE, BY DELETING CERTAIN PROVISIONS. This being the time heretofore set for public hearing on the above bill, proponents and ogoonents were given an opportunity to be heard. Mr. John DeLee, Building Commissioner, made the presenta- tion for the bill. He indicated that the Administrative Building Council approved all of the sections in the new Fire Code except two. He said the ordinance passed by the Council contained a requirement that all buildings exceeding 1500 square feet and open to th epublic be equipped with automatic sprinkling devices; and contained a ban on the use of carpeting on the ceilings or at a height of more than four inches from the floor. He said since these two provisions cannot be enforced, without approval of the Building Council, they should not be in the Municipa: Code. He said this bill will eliminate these unenforceable provisions. Mr. Paul Bognar, 807 W. Washington, asked who represented the City at the Building Council meeting. Mr. DeLee indicated that Mr. Gaylon Allsop had represented the City. Council Member Taylor made a motion to re- commend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 50 -78 A BILL REDUCING THE 1978 MOTOR VEHICLE HIGHWAY BUDGET, IN THE AMOUNT OF $344,567.00 AS MANDATED BY THE OFFICE OF THE STATE BOARD OF TAX COMMISSIONERS. Mr. Patrick McMahon, Director of Public Works, asked the Council to have public hearing on the next three bills at this time. Council Member Parent made a motion to have public hearing on the next three bills, seconded by Council Member Adams. The motion carried. BILL NO. 52 -78 A BILL APPROPRIATING $440,000.00 FROM THE MOTOR VEHICLE HIGHWAY SPECIAL DISTRIBUTION FUND FOR VARIOUS PROGRAMS TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS. BILL NO. 51 -78 A BILL APPROPRIATING $18,642.00 FROM THE FEDERAL DISASTER ASSISTANCE ADMINISTRATION REIMBURSEMENT FOR EXTRAORDINARY AND DIRECT COSTS INCURRED DURING THE BLIZZARD OF 1978, TO THE MOTOR VEHICLE HIGHWAY FUND, TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS. BILL NO. 53 -78 A BILL APPROPRIATING $162,320.00 FROM LOCAL ROAD AND STREET- SPECIAL DISTRIBUTION FUND FOR EXTRAORDINARY AND DIRECT COSTS INCURRED AS THE RESULT OF SNOW REMOVAL OPERATIONS DURING 1978, TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above bills, proponents and opponen were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for th ebills. He said the purpose of these filings was twofold; first to reduce th original MVH budget as mandated by the State Tax Board, and secondly, to appropriate available special funds to counter the mandated reduction and address the expenses of the 1978 Blizzard. He said the MVH Distribution will be made monthly starting in May and not in one single distribu He said he was forced to use the $162,320 for the LRSA account to meet these 1978 cash flow re- quirements. Council Member Miller asked why we were getting less money back from MVH. Mr. McMa indicated that the State estimates the amount. Council Member Adams asked if any of the vehicle to be purchased were passenger cars. Mr. McMahon indicated one for the Street Department. Council Member Adams indicated that perhaps they should purchase four -wheel drive vehicles. Council Member Adams made a motion to recommend Bill No. 50 -78 to the Council favorable,seconded by Council Member Szymkowiak. The motion carried. Council Member Parent made a motion to re- commend Bill No. 51 -78 to the Council favorable, seconded by Council Member Dombrowski. The motion carried. Council Member Dombrowski made a motion to recommend Bill No. 52 -78, to the Council favorable, seconded by Council Member Adams. The motion carried. Council Member Szymkowiak made a motion to recommend Bill No. 53 -78 to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 54 -78 A BILL APPROPRIATING $15,000.00 FROM LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND TO RPOJECT R &S 53, SAMPLE STREET (CHAPIN TO OLIVE) IMPROVEMENTS WITHIN THE LOCAL ROAD AND STREET- SPECIAL DISTRIBUTION FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponen! were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He said this appropriation represents the cost of the engineering wor] that must be completed if this project is to receive Federal funding. He said the City had suc cessfully pursued their application for these funds, and approximately $650,000 has been made available for the 1979 construction season. Council Member Adams made a motion to recommend thi bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. is :s REGULAR MEETING MAY 8, 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED) BILL NO. 55 -78 A BILL APPROPRIATING $174,000.00 FROM LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND TO PROJECT R &S 7803, ANGELA BOULEVARD IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET - SPECIAL DISTRIBU- TION FUND. 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 this represents the cost of the improvements proposed for Angela Boulevard between U.S.31- Michigan and a point east of the intersection with Iroquois Stree He said the steepness of the hill and the sharp curves which one must negotiate when driving this section, combined with a deteriorating pavement, have created a most unsafe condition. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Miller. The motion carried. BILL NO. 56 -78 A BILL APPROPRIATING $121,700.00 FROM LOCAL ROAD AND STREET SPECIAL DISTRIBUTION FUND TO PROJECT R &S 7802, SIGNALIZATION IMPROVEMENTS AT TEN INTERSECTIONS, WITHIN THE LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND. Council Member Taylor made a motion to have public hearing on the next bill at this time, seco by Council Member Adams. The motion carried. BILL NO. 57 -58 A BILL APPROPRIATING $35,800.00 FROM LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND TO PROJECT R &S 7802, SIGNALIZATION IMPROVEMENTS AT THREE INTERSECTIONS, WITHIN THE LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND. This-being the time heretofore set for public hearing on-the above bills, proponents and opponent were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bills. He said Federal -Aid Urban Funds have been approved through MACOG, the Indiana State Highway Commission, and the Federal Highway Department, for two separate signal ization improvement projects. He said the Federal Highway Department will be funding seventy per cent of the costs of these improvements. Council Member Taylor indicated that the Donmoyer -Michi intersection should receive priority. He asked that another traffic count be taken for a signal light at Miami and Jackson. He made a motion that Bill No. 56 -78 be recommended to the Council favorable, seconded by Council Member Adams. The motion carried. Council Member Adams made a motion that Bill No. 57 -78 be recommended to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 58 -78 A BILL TRANSFERRING THE SUM OF $3,590.00 FROM ACCOUNT NO. 110.0 SALARIES AND WAGES, REGULAR, TO ACCOUNT NO. 260.0, OTHER CONTRACTUALS, IN THE AMOUNT OF $3,590.00. ALL ACCOUNTS BEING WITHIN THE BUREAU OF COMMUNICATIONS BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA.. Mr. Patrick McMahon, Director of Public Works, asked that this bill be stricken. Council Member Taylor made a motion to strike this bill, seconded by Council Member Adams. The motion carried. BILL NO. 59 -78 A BILL TRANSFERRING THE SUM OF $1,500.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN FA 144, YOUTH SERVICES BUDGET, IN THE REVENUE SHARING TRUST FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Michael Vance, Deputy Controller, made the presenta- tion for the bill. He indicated that the Youth Services Bureau had recently moved to 121 S. Michigan Street. He said this transfer was needed in order to have moveable partitions built to create offices in the new facility. He said the Park Department was going to build the partition thus eliminating labor costs. Council President Parent made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 60 -78 A BILL APPROPRIATING $136,500.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This 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 this appropriation represents a portion of the equipment re- placement schedules which was designated for funding outside.the MVH and General Fund last year during budget review. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. Council Member Adams indicated that she did not feel they should purchase the two door sedan. The motion carried. BILL NO. 61 -78 A BILL OF DETERMINATION FOR SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF SOUTH BEND FOR PARK PURPOSES. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Superintendent of Parks, made the presen tion for the bill. He said this bill was to sell City -owned property at Elbel Golf Course. He said if this was approved the land would be sold by the Board of Public Works as other City land is sold. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by CouncilMember Szymkowiak. The motion carried. There being no further business to made a motion to rise and report to The motion carried and the meeting ATTEST: A come before the Committee the Council and recess, was recessed at 8:30 p.m. ATTEST: of the Whole, Council President Paren seconded by Council Member Dombrowski. 265 REGULAR MEETING MAY 8, 1978 REGULAR MEETING RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend re- convened in the Council Chambers on the fourth floor of the County -City Building at 8:50 p.m., Council President Parent presiding and eight Council Members present. BILLS, SECOND READING ORDINANCE NO. 6345 -78 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDISTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO H.T.W. PARTNERSHIP. 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 eight ayes. ORDINANCE NO. 6346 -78 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO BRUNO EIDIETIS. 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 eight ayes. BILL NO. 20 -78 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) (SOUTHWEST CORNER OF INTERSECTION OF IRONWOOD AND IRELAND ROAD.) Council Member Taylor made a motion to table this bill, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6347 -78 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (SOUTH- EAST CORNER OF WAY AND ST. LOUIS BOULEVARD.) 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 eight ayes. ORDINANCE NO. 6348 -78 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (3451 LINCOLNWAY WEST.) This bill had second reading. Council Member Dombrowski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Adams. The motion carried. Council Member Serge made a motion to pass the bill, as amended, seconded by Council Member Adams. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6349 -78 AN ORDINANCE AMENDING CHAPTER 9, GENERALLY KNOWN AS THE FIRE PREVENTION ORDINANCE, BY DELETING CERTAIN PROVISIONS. 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 eight ayes. ORDINANCE NO. 6350 -78 AN ORDINANCE REDUCING THE 1978 MOTOR VEHICLE HIGHWAY BUDGET IN THE AMOUNTOF $344,567.00, AS MANDATED BY THE OFFICE OF THE STATE BOARD OF TAX COMMISSIONERS. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6351 -78 AN ORDINANCE APPROPRIATING $440,000.00 FROM THE MOTOR VEHICLE HIGHWAY SPECIAL DISTRIBUTION FUND FOR VARIOUS PROGRAMS TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6352 -78 AN ORDINANCE APPROPRIATING $18,642.00 FROM THE FEDERAL DISASTER ASSISTANCE ADMINISTRATION REIMBURSEMENT FOR EXTRAORDINARY AND DIRECT COSTS INCURRED DURING THE BLIZZARD OF 1978, TO THE MOTOR VEHICLE HIGHWAY FUND, TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6353 -78 AN ORDINANCE APPROPRIATING $162,320.00 FROM LOCAL ROAD AND STREET- SPECIAL DISTRIBUTION FUND FOR EXTRAORDINARY AND DIRECT COSTS INCURRED AS A RESULT OF SNOW REMOVAL OPERATIONS DURING 1978, TO BE ADMINISTERED BY THE DE- PARTMENT OF PUBLIC WORKS. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, seconc by Council Member Adams. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6354 -78 AN ORDINANCE APPROPRIATING $15,000.00 FROM LOCAL ROAD AND STREET- SPECIAL DISTRIBUTION FUND TO PROJECT R &S 53, SAMPLE STREET (CHAPIN TO OLIVE) IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET- SPECIAL DISTRIBUTION FTTT\TT) - REGULAR MEETING MAY 8, 1978 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6355 -78 AN ORDINANCE APPROPRIATING $174,000.00 FROM LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND TO PROJECT R &S 7803:, ANGELA BOULEVARD IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, second by Council Member Horvath. The bill passed by a.roll call vote of eight ayes. ORDINANCE NO. 6356 -78 AN ORDINANCE APPROPRIATING $121,700.00 FROM LOCAL ROAD AND STREET- SPECIAL DISTRIBUTION FUND TO PROJECT R &S 7801, SIGNALIZATION IMPROVEMENTS AT TEN INTERSECTIONS, WITHIN THE LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6357 -78 AN ORDINANCE APPROPRIATING $35,800.00 FROM LOCAL ROAD AND STREET- SPECIAL DISTRIBUTION FUND TO PROJECT R &S 7802, SIGNALIZATION IMPROVEMENTS AT THREE INTERSECTIONS, WITHIN THE LOCAL ROAD AND STREET- SPECIAL DISTRIBUTION FUND. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. Thebill passed by a roll call Vote of eight ayes. BILL NO. 58 -78 A BILL TRANSFERRING THE SUM-OF $3,590.00 FROM ACCOUNT NO. 110.0 SALARIES AND WAGES, REGULAR, TO ACCOUNT NO. 260.0, OTHER CONTRACTUALS, IN THE AMOUNT OF $3,590.00. ALL ACCOUNTS BEING WITHIN THE BUREAU OF COMMUNICATIONS BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Taylor made a motion to strike this bill, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6358 -78 AN ORDINANCE TRANSFERRING THE SUM OF $1,500.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN FA 144, YOUTH SERVICES BUREAU BUDGET, IN THE REVENUE SHARING TRUST FUND OF THE CITY OF SOUTH BEND, INDIANA. 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 eight ayes. ORDINANCE NO. 6359 -78 AN ORDINANCE APPROPRIATING $136,500.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6360 -78 AN ORDINANCE OF DETERMINATION FOR SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF SOUTH BEND FOR PARK PURPOSES. This bill had second reading. Council Member Dombrowski made a motion to pass the bill, seconder by Council Member Adams. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTICN NC. 622 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE URBAN RENEWAL PLAN TO- GETHER WITH THE PROPOSED AMENDMENTS THERETO AND PLAN CHANGES AND THE FEASIBILITY OF RELOCATION FOR THE CENTRAL DOWNTOWN PROJECT, INDIANA 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 forundertaking 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 situtated 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 rehabilita- tion or redevelopment of the urban renewal area by private enterprise; (3) the Urban Renewal Pla 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 provisions of adequate park and recreation areas and facilities, as may be desirable for neighborhood improvements, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the site covered by the Plan; and 6T REGULAR MEETING MAY 8, 1978 REGULAR MEETING RECONVENED (CONTINUED 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, Indiana R -66" and encompassing the area bounded by a line 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 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 Boulevard to the west right -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 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 "); 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 Housing 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 encomic 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 appraised by the Local Public Agency and are unaware 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, as subsequently amended: and WHEREAS, the Urban Renewal Plan, as amended, and said revisions and plan changes proposed by 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. 550 approving the Urban Renewa 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 wholeaand 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, 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 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 that may be displaced as a result of carrying out the Project in accordance 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 respectin, the relocation program which has 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 information 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 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 2,68 REGULAR MEETING MAY 8 1978 u REGULAR MEETING RECONVENED (CONTINUED WHEREAS, it is necessary that,the Governing Body take appropriate official action respecti the relocation program and said Urban Renewal Plan, as amended, and said revisions and plan changes for the Project, in conformity with the contracts for financial assistance betweenthe 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 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 is is hereby found and determined that the Project Area is a blighted area and qualifies as eligible Project Area under the Redevelopment of Cities and Towns 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 andplan 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 under- taken 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 abovementioned 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 renwal 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 neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vacinity 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, safety 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 dwellingunits available or to be made available to such dis- placed individuals and families, are not generally less desirable 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 place of employment. 9. That in order to implement and facilitate the effectuation of the Urban Renewal Plan, as amended, ans said .revisions and plan changes hereby approved, it is found and determined that certain official action must be taken by this Governing Body with reference, among other things, to changes in zoning, the vacation and removal of streets, alleys, and other public ways, the establishment of new street patterns, the loca- tion 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 thosecertain pages presented at this meeting. REGULAR MEETING REGULAR MEETING RECONVENED (CONTINUED) MAY 8, 1978 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 revisionsand 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. /s /Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Mr. C. Wayne Brownell, Executive Director of Redevelopment, indicated this resolution changes the land uses in the block of Area C bounded by E. Colfax Avenue, St. Joseph Street, East Washington Street, and the Michigan Street pedestrian mall to permit hotel -motel use, which is oriented to the supports the City's cultural center development in Area D. Council Member Adams made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ORDERING A HEARING ON PROPOSED FORM OF LEASE OF WATER WORKS FACILITIES OWNED BY SOUTH BEND FEDERAL SAVINGS AND LOAN ASSOCIATION. Mr. Thomas Brunner, City Attorney, asked that this resolution be continued, because of Board of Directors of South Bend Federal had been unable to meet. Council Member Dombrowski made a motion to continue this resolution until May 22, 1978, seconded by Council Member Adams. The motion carried. BILLS, FIRST READING BILL NO. 64 -78 A BILL AMENDING CHAPTER 2, ARTICLE 5, SECTION 2 -57, COMMISSION ON STATUS OF WOMEN OF THE MUNICIPAL CODE 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 May 22, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 65 -78 A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND HITE EQUIPMENT PLYMOUTH, INDIANA, FOR THEPURCHASE OF A 1978 RUBBER TIRED BACKHOE IN THE TOTAL AMOUNT OF $52,189.00. This bill had first hearing and second carried. BILL NO. 66 -78 reading. Council Member Adams made a motion to set this bill for public reading May 22, 1978, seconded by Council Member Dombrowski. The motion A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND WATCON, INC., SOUTH BEND, INDIANA, FOR THE PURCHASE OF LIQUID POLY- PHOSPHATES FOR USE FROM JUNE 1, 1978 TO JUNE 1, 1979, IN THE TOTAL AMOUNT OF $21,450.00. This bill had first hearing and second carried. BILL NO. 67 -78 reading. Council Member Adams made a motion to set this bill for public reading May 22, 1978, seconded by Council Member Dombrowski. The motion A BILL AMENDING CHAPTER 2, ARTICLE 5, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE ADDITION OF SECTION 2 -60 ENERGY CONSERVATION COMMISSION. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading May 22, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 68 -78 A BILL OF THE COMMON COUNCIL OF THE CITY-OF SOUTH BEND, INDIANA APPROVING THE LEASING OF WATER WORKS FACILITIES OF SOUTH BEND FEDERAL SAVINGS AND LOAN ASSOCIATION. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading June 26, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 69 -78 A BILL APPROPRIATING $35,000 FROM THE COMMUNITY DEVELOP- MENT BLOCK GRANT FUND, TO DEVELOP A NEIGHBORHOOD HOUSING FUND, TO DEVELOP A NEIGHBORHOOD HOUSING SERVICE PROGRAM, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearingand second reading May 22, 1978, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 70 -78 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO OVILA T. BERGERON AND DORIS L. BERGERON, HUSBAND AND WIFE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading May 22, 1978, seconded by Council Member Horvath. The motion Carrie( BILL NO. 71 -78 A BILL APPROPRIATING $175,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR OPERA- TIONS OF THE PARKING GARAGE SYSTEM, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading May 22, 1978, seconded by Council Member Dombrowski. The motion carried. HILL NO. 72 -78 A BILL APPROPRIATING $35,000.00 FROM LOCAL ROAD AND STEET- SPECIAL DISTRIBUTION FUND TO PROJECT R &S 7805, BENDIX DRIVE INTERSECTION IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET- SPECIAL DISTRIBUTION FUND. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading May 22, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 73 -78 A BILL APPROPRIATING $45,000.00 FROM LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND TO PROJECT R &S 7804, IRONWOOD/ JEFFERSON IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading May 22, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 74 -78 A BILL APPROPRIATING $132,700.00 FROM LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND TO PROJECT R &S 68, IRONWOOD DRIVE IMPROVEMENTS, WITHIN THE LOCAL.ROAD AND STREET- SPECIAL DISTRI- BUTION FUND. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading May 22, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 75 -78 A BILL APPROPRIATING $132,740.00 FROM LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND TO PROJECT R &S 68, IRONWOOD DRIVE IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET- SPECIAL DISTRIBUTION FUND. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading May 22, 1978, seconded by Council Member Dombrowski. The motion carried. NEW BUSINESS Sale of City -owned property: 216 E. Milton Street, 1038 Blaine Avenue, 655 N. Lawndale. Council Member Dombrowski made a motion to sell this City -owned property and use the City appraiser, seconded by Council Member Adams. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 9:10 p.m. ATTEST: APPROVED: City Clerk Presid n