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HomeMy WebLinkAbout09-25-72 Council Meeting MinutesREGULAR MEETING SEPTEMBER 25, 1972 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County -City Building on Monday, September 25, 1972 at 8:00 p.m. The meeting was called to order by President Peter J. Nemeth and the Pledge of Allegiance to the flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Council - man Newburn. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend,. Indiana met in the Committee of the Whole in the Council Chambers of the County -City Building at 8:05 p.m. with nine members present. The meeting was called to order by Chairman Odell Newburn who presided. ORDINANCE AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IDENTIFIED AS ORDINANCE NO. 4990, ORDINANCE NO. 3702, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE, AND THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, SECTIONS 40 -1 TO SECTIONS 40 -43, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE (Southwest Corner, Eddy and Jefferson) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Arthur Frisk, Attorney for Associates Family Services Center, spoke for the ordinance. This ordinance is asking that the same zoning approved by the Council for the original petition filed by Associates now be approved again. The site plan filed with the original petition was for a two -story building. However, the build- ing constructed on the site is a three -story building. Mr. Frisk said that this was a technical difference. The site plan did provide for a possible third story and this is the way the con- tracts were let. The Cl Commercial zoning would allow for a building with up to seven stories so it is not a question of any violation of the zoning. They are asking that the Council approve an amended site plan allowing for a three -story building. The amended site plan has been recommended favorably by the Area Plan Commission. Mr. Frisk said they are respectfully request- ing the Common Council to approve this amendment so that the site plan for this particular tract of land might conform to the law. Miss Fanny Grunwald, 227:S. Francis Street, said that she objected to the fact that this whole matter came up because she complained to the Council about employees of Associates parking on the street all day so that residents of the neighborhood had no place to park. She said the names of all the commissioners, inspectors, contractors, and others involved in this project should be made public. She said that someone must have been aware that the building was not being built according to regulations, and that it should not be legalized now. She said allowing this corporation to disobey the law is not setting a good example for our young people. Mr. Thomas Maloney, Catalpa Drive, said that approving this tech= nical error would be legalizing a flagrant violation of zoning laws. He said he does not think it is right that a corporation can go ahead and ignore the dictates of the Council and then the Council give its blessing to the actions of the corporation. He said it is a testimony to the power of Associates in South Bend. Mrs. Patricia Maloney, Catalpa Drive, said that, if the Council approves this rezoning, they are sanctioning an illegal act by a corporation. This This irresponsibility should be treated the same as an individual would be treated, yet no punitive measures have been suggested and no apology has been received from Associates. Mrs. Grunwald said that consideration should also be given to the fact that Associates employees who are parking in the nearby church parking lot are parking on tax -free property. Councilman Serge commented that this Council came into existence in January and that this problem arose from the actions of a previous Council. He said that this corporation employs over 900 people in the area and pays taxes. Councilman Miller said he wished to clarify one point. The Council is not determining the legality of this matter. Its' only purpose is to determine whether this building does meet the plans for the City of South Bend. Since the zoning allows for a seven - story building, Mr. Miller said that in his opinion the building does meet the zoning require- ments. Councilman Parent said that he has been working on this matter since February in an .attempt to see how these errors could have been made. There were two major errors. The building site that was planned, for the three -story or the two -story building, never did have enough parking available. A petitioner is allowed, when not enough'-on -site parking is available, to go before the Board of Zoning Appeals for approval of off -site parking. They did not get prior approval for this. They made a major modification of the site plan and did not petition the Common Council again to approve the change.. It is difficult to see how this could happen. Mr. Parent said that he thought Mr. Miller was correct. The Council is not here to try Associates on whether what they did was legal or illegal. He said that he would like to see the City Attorney take steps if they wish to prosecute. In the meantime, the Council is in a dilemma. Mr. Parent continued that he was in favor of giving Associates the proper zoning for the build- ing. A three -story building could have been built on the site if they had used the proper procedures. What happens when someone without resources breaks the law on two points? Mr. Parent concluded that he would like to see the administration take another stance on such matters in the future. Councilman Kopczynski said that Associates is a credit to the community and it is unfortunate that this happened. He then asked Mr. Frisk if the building permit was issued for a two or a three story building. Mr. Frisk said that the contract was let for a three story building and that the building permit fee paid was $198.50 and was paid on the contract for a three story building. Councilman Parent said that he had a copy of the application for the building permit and it was for a two -story building with a fee of $198.50. It would appear that this fee was not paid for the third story and that Associates might owe a balance of another $100 which should be paid. Councilman Nemeth asked Mr. Douglas Carpenter of the Area Plan Com- mission if this was not spot zoning. Mr. Carpenter said that this zoning was recommended for this area. Councilman Nemeth asked Mr. Carpenter if he did not tell the Council two weeks ago that the Plan Commission does not approve spot zonings. Mr. Carpenter said they did recommend approval of this. Councilman Szymkowiak asked Mr. Frisk if the engineers and contractors on a project do not check to see what type of building permit has been issued. He said he feels very strongly about this matter since he was a member of the Council which approved the plans for a two -story building. He said he feels this is not fair to the past Council. Mr. Frisk intro- duced Mr. William Weist, of the Hickey Construction Company, who gave a lengthy explanation of the process of obtaining a permit from the State of Indiana for construction of a public build- ing. Councilman Miller made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. Motion carried. REGULAR MEETING SEPTEMBER 25, 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATION IN THE GENERAL PARK FUND FOR $56,453.50. This being the time heretofore set for public hearing on this ordinance, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Superintendent of Parks, said that the Park Department had received a Federal grant of $107,000 from HUD for land acquisition, demo- lition and relocation expenses for the Linden Park project. A $56,000 partial payment has been received and has been deposited in the Park General Fund. There are six homes to be demolished and two condemnation suits pending. They are asking that this money be appropriated from the Park General Fund to Services Contractual in the amount of $54,453.50 and to Properties for land acquisition, $3,000.00. This procedure has been recommended by the State Board of Accounts. Councilman Szymkowiak made a motion that the Ordinance go to the Council as favorable, seconded by Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $11,250.00 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. William J. Richardson, Director of Public Works, explained that this ordinance is for two intersections; R & S 52 - Angela and Michigan and R & S 53 - Sample and Walnut. The money appropriated for the Angela project will be used to develop final plans and specifications for the project, making right -of =way determinations. An agreement will have to be reached with the University of Notre Dame for some land from the golf course to complete this project. The Sample - Walnut project is identical and the money will be used for final plans and specifications and right -of -way determinations for this intersection. Councilman Nemeth questioned Mr. Richardson about the wording of Section II of the ordinance which states that the following sums of money have been appropriated. Mr. Richardson said there is some confusion about this. The Council has set apart certain line items in the Cumulative Capital Improvement Fund for Services Contractual. Formerly it was just a matter of using a purchase order to take money out of this line, but now the State Board of Accounts says the Council must appropriate the money by ordinance. Councilman Miller said he agrees with the pro- gram and the purposes for using the money but is concerned that it not be overcommitted and that other projects are being missed. Mr. Richardson said that he does not have written proof that we are not overcommitted but that is something he watches very closely. He said that priority is given to all projects shown on the Transportation Map. Councilman Horvath asked Mr. Richardson if priorities are being considered, if the Olive - Sample project is being taken into consideration. Mr. Richardson said that the Olive- Sample project will be very much a part of the overall Sample - Walnut project. Councilman Nemeth made a motion to amend the ordinance as follows: In Section Two, strike the words "have been" and substitute the words "are hereby ". Councilman Taylor seconded the motion to amend and it carried. Councilman Nemeth made a motion that the ordinance go to the Council as favorable as amended. Councilman Kopczynski seconded the motion and it carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $61,875.00 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET FUND. This being the time heretofore set for public hearing on this ordinance, proponents and opponents were given an opportunity to be heard. Mr. William Richardson, Director of Public Works, explain that this ordinance covered two more Local Road and Street Fund projects, R & S 50 - Elwood and Angela and R & S 51 - Sample, from Mayflower to Greenview. The Elwood- Angela pavement improve- ment is at the five -point intersection including Portage, Diamond and Leland. The transportation study included the straightening of Elwood from the intersection at Portage to Riverside Drive. The project covers engineering planning and specifications, property acquisition and relocation of citizens. At the present time, 14,000 vehicles per day cross the Portage Avenue bridge. It is anticipated that when the new link from Portage to Riverside is completed, it will carry 20,000 to 23,000 vehicles per day. This will be a high type improvement with four lanes, curbs, gutters, drainage and will be a semi - limited access road. Project 51 will be a continuation of the four- laning of Sample Street started in 1956 at Chapin Street through the Redevelopment Pro- gram and will include widening, drainage, curbs and gutters. Mayflower Road is a State Road and under state jurisdiction. The state may abandon Mayflower back to South Bend and St. Joseph County and will reconstruct Mayflower prior to abandonment. Councilman Kopczynski asked if it might be given just to the city. Mr. Richardson said that there would have to be an agreement with the county and that it would be better if either the east or west right -of -way line were extended so that it would be under the jurisdiction of either the city or the county, not both. Councilman Nemeth made a motion to amend the ordinance as follows: In Section II, strike the words "have been" and substitute the words "are hereby ". Councilman Kopczynski seconded the motion and it carried. Councilman Serge asked Mr. Richardson if the project concerning Elwood Avenue would extend as far west as LaSalle High School. Mr. Richardson said that would depend on what is going to happen to the Drewry's plant. This is where the bottleneck is and it will take a lot of salesmanship to get the necessary right -of -way to widen Elwood. It will involve moving the curb back and eliminating parking. Councilman Kopczynski made a motion that the ordinance go to the Council as favorable as amended. Councilman Szymkowiak seconded the motion and it carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $70,000 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This being the time heretofore set for public hearing on this ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. William Richardson, Director of Public Works, said that this ordinance covers engineering plans and specifications for the Model Cities sewer project. The city has received a sewer grant from HUD for $600,000 for matching funds for this project which will involve $1,300,000, and which is for the separation of sanitary and storm sewers. This separation throughout the city is a major program that was started in 1960. The Cumulative Sewer Building and Sinking Fund does have adequate money to finance this program. Separation of storm and sanitary sewers has been mandated by the Federal Government. The project would direct the water into a retention basin southwest of Linden Park. Councilman Szymkowiak REGULAR MEETING SEPTEMBER 25 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) questioned Mr. Richardson about the exact location and asked if another site could be found. Mr. Richardson said they have made an extensive study and this is the only site. It will be dry 90 to 95% of the time and can be used for other purposes when it is dry. It will be landscaped and maintained by the Park Department. Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor, and carried. ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO METALSTAMP, INC. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, said that the Commission;had'.filed ah'application in June of 1972 for this issuance of revenue bonds. He then introduced Mr. Robert Klotz, President of Metalstamp. Mr. Klotz said that he was one of two owners of the company and lived in South Bend. He said the company has been in existence for five years, with their plant situated in Walkerton. They are presently operating at full capacity and potential new business creates the need for expansion. They are planning a building with 1500 square feet to be located in Greene Township on Indiana 23. They will be hiring both skilled and unskilled workers, tool and diemakers and press oper- ators and anticipate hiring about 50 people within the next two to three years. This will be of benefit to the city and he said they are hoping for Council approval of this project. Council- man Kopczynski asked the capacity of the largest press the company operates and Mr. Klotz replied that it was 750 tons and this would be the largest press after`-the expansion program. Councilman Taylor made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. Motion carried. Councilman Parent made a motion to rise and report to the Council; seconded by Councilman Taylor. The motion carried. ATTEST: CITY CLERK REGULAR MEETING - RECONVENED Be it remembered that the Common Council of Council Chambers of the County -City Building President Peter J. Nemeth presiding. REPORT OF THE COMMITTEE ON MINUTES the City of South Bend, Indiana reconvened in the on Monday, September 25, 1972 at 9:26 p.m., Council Your committee on the inspection and supervision of minutes would respectfully report that they have inspected the minutes of-the September 11, 1972 regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. /s/ Peter J. Nemeth /s/ Terry S. Miller Upon motion made by Councilman Newburn, seconded by Councilman Horvath and carried, the report was accepted and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mr. Nemeth, speaking as a resident of the city, asked Mr. Richardson about the new leg of Jeffer- son Street. He said that he is concerned that with the icing of the roads this winter, eastbound cars may slide into the westbound lane. He asked if any type of a divider is plannes; if so, when and if not, why not.- Mr. Richardson said he did not believe any kind of a divider was planned. He said the city uses a 100% chemical ice control in the downtown area and that he would hope we do not have a problem. He said they could put up a median guard rail but he doubted whether it would be a safety feature. He said he would investigate this matter and report to Mr. Nemeth. REPORT OF THE COMMITTEE OF THE WHOLE Councilman Kopczynski made a motion that the reading of the Committee of the Whole report be waived, seconded by Councilman Horvath. The motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5430 -72 AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IDENTIFIED AS ORDINANCE NO. 4990, ORDINANCE NO. 3702, AS AMENDED, TO THE EXTENT (Southwest Corner IT IS STILL EFFECTIVE, AND THE MUNICIPAL CODE OF Eddy & Jefferson) SOUTH BEND, INDIANA, SECTIONS 40 -1 TO SECTIONS 40 -43, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE. This ordinance was given third reading. Councilman Kopczynski made a motion that the ordinance pass, seconded by Councilman Miller. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miler, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5431 -72 AN ORDINANCE FOR ADDITIONAL APPROPRIATION IN THE GENERAL PARK FUND FOR $56,453.50. This ordinance was given third reading. Councilman Parent made a motion that the ordinance pass, seconded by Councilman Newburn. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING SEPTEMBER 25, 1972 ORDINANCES, THIRD READING (CONTINUED) ORDINANCE NO. 5431 -72 AN ORDINANCE FOR ADDITIONAL APPROPRIATION IN THE GENERAL PARK FUND FOR $56,453.50. This ordinance was given third reading. Councilman Parent made a motion that the ordinance pass, seconded by Councilman Newburn. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5432 -72 AN ORDINANCE TO APPROPRIATE $11,250.00 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT - "SERVICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET FUND. This ordinance was given third reading. Councilman Kopczynski made a motion that the ordinance pass as amended, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5433 -72 AN ORDINANCE TO APPROPRIATE $61,875.00 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET FUND. This ordinance was given third reading. Councilman Szymkowiak made a motion that the ordinance be passed as amended, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5434 -72 AN ORDINANCE APPROPRIATING THE SUM OF $70,000 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This ordinance was given third reading. Councilman Horvath made a motion that the ordinance .pass, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5435 -72 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS PERTAINING TO METALSTAMP, INC. This ordinance was given third reading. Councilman Kopczynski made a motion that the ordinance pass, seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTIONS RESOLUTION NO. 328 -72 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND APPROVING NEIGHBORHOOD DEVELOPMENT PROGRAM, ANNUAL INCREMENT THEREOF AND FILING OF AN APPLICATION FOR FINANCIAL ASSISTANCE. WHEREAS, under Title I of the Housing Act of 1949, as amended "Title I", the secretary of Housing and Urban Development is authorized to extend financial assistance to local public agencies in the elimination and prevention of the spread of their slums and urban blight through undertakings and activities carried out under a Neighborhood Development program; and WHEREAS, the City of South Bend Department of Redevelopment has prepared and submitted a pro- posed Neighborhood Development Program and annual increment thereof covering the urban renewal areas described in Schedule A attached thereto; said proposed program and annual increment having been duly reviewed and considered: NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: 1. That the Neighborhood Development Program and annual increment are hereby approved. The City Clerk is hereby directed to file a copy of said program and annual increment with the minutes of this meeting. 2. That it is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal activities with Federal Financial Assistance under Title I,.including those relating to (a) the relocation of site occupants, (b) the provisions of local grants -in- aid, and (c) the prohibition of discrimination because of race, color, sex, creed, or national origin. 3. That the financial assistance available under Title I is needed to enable the City of South Bend Department of Redevelopment,to finance the undertaking and activities proposed in said program and annual increment. 4. That the City of South Bend Department of Redevelopment is authorized to file an application for financial assistance to carry out the Neighborhood Development Program and the annual increment thereof. /s/ Peter J. Nemeth NEIGHBORHOOD DEVELOPMENT PROGRAM FOR YEAR OCT. 1, 1972 TO SEPT. 30, 1973 - Dated Sept. 15, 1972 Binder No. 17 - Filed in the City Clerk's Office September 20, 1972. A public hearing was held on the resolution at this time. Mr. Lloyd Taylor, Executive Director of the Redevelopment Department, explained that the Neighborhood Development Program came into existence a few years ago to replace certain Urban Renewal programs which were not working at that time. The application was submitted previously and was not funded by HUD and their office in Indianapolis asked us "to re- submit the application in August of this year. The appli- cation has been revised slightly and the area includes all of the model neighborhood area and all of the southeast neighborhood area and the present northeast code enforcement project. REGULAR MEETING SEPTEMBER 25, 1972 RESOLUTION NO. 328 -72 (CONTINUED) The Model Cities area, bounded by Orange Street, Linden Avenue, Olive Street, and Sadie Street. is a total clearance area. The southeast area, which is two square blocks bounded by the lst alley East of Michigan, the lst alley South of Paris, the lst alley West of Carroll and the`18t alley North of Elder is a partial clearance area. Plans are to rehabilitate about nine houses in that area. The total project has been approved by both the Southeast and the Model Neighbor- hood Associations. The program will involve relocation of 60 families in both areas. We will have a total federal capital grant of $1,447,100. This will include $463,000 for relocation grants and $34,200 in rehabilitation grants. Miss Fanny Grunwald asked Mr. Taylor where the families will be relocated. Mr. Taylor said that a study is being made of all vacant dwellings throughout the city and whether or not they can be used as relocation facilities. They will also work with the Public Housing Authority on relocation. Councilman Kopczynski asked Mr. Taylor if some of the relocation allowances are quite generous. Mr. Taylor said that they follow the federal guidelines required under the 1970 Uniform Relocation Act. Councilman Kopczynski then asked what the allowance would be for a three bedroom house. Mr. Taylor said that, if a family is dislocated and they need a three bedroom house, federal guidelines established would require that they be relocated in a decent three bedroom unit in the area at about $15,000. If the price to acquire their old unit of housing is $7,000, then the relocation payment to them is the difference between that figure and the $15,000 for the new housing unit, or $9,000. Councilman Kopczynski asked Mr. Taylor if the relocation guidelines will be used in the work on the Olive - Sample overpass. Mr. Taylor said that the 1970 Uniform Relocation Act covers all federally assisted programs. Councilman Parent made a motion that the resolution be adopted, seconded by Councilman Taylor. The resolution was adopted by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) one nay (Councilman Horvath). RESOLUTION NO. 329 -72 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE EXECUTION OF AN AMENDATORY CONTRACT FOR THE MODEL CITIES CODE ENFORCEMENT PROJECT, IND. E -5. WHEREAS, the Common Council of the City of South Bend, Indiana, has previously approved the sub- mission, to the United States of America, Department of Housing and Urban Development, an`. Amendatory Application for the Model Cities Code Enforcement Project, Indiana E -5, dated June 2; 1972 by virtue of Common Council Resolution No. 306 -72; and; WHEREAS, the Department of Housing and Urban Development (HUD) has approved the aforementioned Amendatory Application; and, WHEREAS, HUD has tendered to the City of South Bend, Indiana an Amendatory Contract identified as Indiana E -5 (AMT -1) covering said Amendatory Application, to be locally executed and returned; and, WHEREAS, the Common Council of the City of South Bend, Indiana is aware that said Amendatory Application is approved and has reviewed the aforementioned Amendatory Contract, Indiana E -5 (AMT -1) , NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana that said Amendatory Contract is approved and that authority is given to the Mayor of the City of South Bend to execute said contract on behalf of the City of South Bend, Indiana. /s/ Peter J. Nemeth Councilman Councilman Miller made a motion that the Council dispense with the reading of the Resolution contained in Item 9B on the Agenda, since it is the same as the Resolution just read except for the numbers of the project, and hold the public hearing on both resolutions at the same time. Councilman Taylor seconded the motion and it carried unanimously. RESOLUTION NO. 330 -72 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE EXECUTION OF AN AMENDATORY CONTRACT FOR THE CODE ENFORCEMENT PROJECT, IND. E -3. WHEREAS, the Common Council of the City of South Bend, Indiana, has previously approved the sub- mission, to the United States of America, Department of Housing and Urban Development, an Amendatory Application for the Code Enforcement Project, Indiana E -3, dated June 2, 1972 by virtue of Common Council Resolution No. 307 -72; and, WHEREAS, the Department of Housing and Urban Development (HUD) has approved the aforementioned Amendatory Application; and WHEREAS, HUD has tendered to the City of South Bend, Indiana an Amendatory Contract identified as Indiana E -3 (AMT -1) covering said Amendatory Application, to be locally executed and returned; and, WHEREAS, the Common Council of the City of South Bend, Indiana is aware that said Amendatory Application is approved and has reviewed the aforementioned Amendatory Contract, Indiana E -3 (AMT -1) , NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana that said Amendatory Contract is approved and that authority is given to the Mayor of the City of South Bend to execute said contract on behalf of the City of South Bend, Indiana. SUBMITTED for consideration this 25 day of September, 1972. /s/ Peter J. Nemeth Councilman A public hearing was held on the resolutions at this time. Mr. Lloyd Taylor, Executive Director of the Department of Redevelopment, said that these resolutions authorize the Mayor to enter into a contract on behalf of the city with the Department of Housing and Urban Development for REGULAR MEETING SEPTEMBER 25, 1972 RESOLUTIONS (CONTINUED) the Code Enforcement Projects, in the Northeast Neighborhood No. E -3 and in the Model Cities Neighborhood, No. E -5. In May of 1971 we entered into an agreement for the E -3 project and in July we entered into a contract on E -5, funded for a period of one year. Last June amendatory contracts for both projects extended them for six months. There is a shortage of funds for code enforcement projects and HUD has been phasing out the funding of these projects. We feel it is necessary that we ask for additional funding. Both of the resolutions allow the Mayor to amend the contracts by increasing the amounts. In the resolution on E -5, Section A would be increased to $300,050, Section B increased to $145,000, and Section C increased to $8,747. in the resolution on E -3, Section A would be increased to $511,608, Section B increased to $183,342, Section C increased to $10,022. Councilman Miller made a motion that the Resolution contained in Item 9B, Project Ind. E -5, be adopted. The motion was seconded by Councilman Szymkowiak. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Councilman Parent made a motion that the Resolution contained in Item 9C, Project Ind. E -3, be adopted, seconded by Councilman Taylor. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 331 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF FIRST BANK & TRUST COMPANY OF SOUTH BEND, INDIANA, TRUSTEE FOR LAND TRUST #29 -5121, THE OWNER OF SAID LAND TRUST BEING A.G.A. REALTY COMPANY OF SOUTH BEND, AN INDIANA PARTNERSHIP. WHEREAS, the First Bank & Trust Company of South Bend as Trustee for Land Trust #29 -5121 has submitted its intention to the Economic Development Commission of South Bend to build a new commercial building on the approximate 0.170 acre tract located on the north sideof the 100 block of West Washington Street, South Bend, Indiana and said property is within the R -66 Urban Renewal Plan. WHEREAS, the Economic Development Commission, pursuant to the statute has found by written resolution that there exists insufficient employment opportunities and that the economic welfare of the City of South Bend, Indiana would be benefited and the purpose of the statute would be accomplished by the acquisition and leasing of the above described property to the First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -5121, and WHEREAS, the First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -5121 has submitted a statement of public service to the above Economic Development Commission of the City of South Bend and said Commission has forwarded this statement of public service with their approval and comments to the South Bend School Corporation, a copy of which is attached, and WHEREAS, the affirmative response and analysis of the South Bend School Corporation has been received as presented to the Clerk of the City of South Bend and attached, and WHEREAS, the statement of public service by First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -5121 and the Economic Development Commission of the City of South Bend have been submitted for approval and comments to the Area Plan Commission of St. Joseph County and the affirmative action and comments of the Area Plan Commission have been received by the Clerk of the City of South Bend as attached, and WHEREAS, the requirements of the application as described in the "Municipal Economic Development Act of 1965 of the State of Indiana" as amended have therefore been met to this point, including a projection of the number of jobs created, the estimated payroll created and the approximation of the cost of the land and construction, and the impact on utilities and fire and police facilities of the City of South Bend with the approvals of the school corporation and the Area Plan Commission having jurisdiction of the area in which the proposed facility is to be built, and WHEREAS, the plan meets the desire of the Redevelopment Commission of the City of South Bend, and WHEREAS, now the First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -5121 seeks an amount of $1.6 million and not to exceed $2.2 million from an issue of industrial revenue bonds of the Economic Development Commission of the City of South Bend to be signed by its Mayor and by its City Clerk and further desires to enter into a lease not to exceed 22 years duration to be known as a net net net lease sufficient to pay the principal and interest of these bonds and obtain title at the end of the lease, and WHEREAS, the exact amount of industrial revenue bonds is to be determined by the cost of the project. The cost of the project is to include the existing mortgage on the JMS Building, additional remodeling to the existing JMS Building, purchase of real estate adjacent to the JMS Building and erection of a new building on said adjacent land, and WHEREAS, by virtue of the net net net lease, the First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -5121 indicates its intention to pay all expenses of the operation, maintenance, insurance, property taxes, whatever of the facility, THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana that the resolution and findings of the Economic Development Commission pertaining to this project be approved and incorporated in this resolution, and THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana that the statement of public service on the part of the Economic Development Commission, of the Area Plan Commission and of the South Bend School Corporation be accepted and approved, and. REGULAR MEETING SEPTEMBER 25, 1972 RESOLUTION NO. 331 -72 (CONTINUED) THEREFORE, be it resolved that the South Bend City Common Council authorize the Economic Develop- ment Commission of the City of South Bend to proceed to make preliminary agreements with the proposed lessee, the First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -512 in the nature of a conditional commitment to enter into a lease with the First Bank & Trust Company of South Bend as Trustee for Land Trust #29 -5121, and THEREFORE, be it resolved that the Economic Development Commission of the City of South Bend shall, as soon as the new lease form is properly prepared, submit the same to the Clerk of the City of South Bend to be prepared by a member of the Common Council as a proposed ordinance for the acceptance of same and issuance of revenue bonds to cover the amount of money needed. F m m /s/ Peter J. Nemeth President, South Be common counc ID A RESOLUTION SETTING FORTH THE NEED FOR ECONOMIC DEVELOPMENT RESOLUTION NO. 14 -72 WHEREAS: The City of South Bend is still experiencing a high unemployment situation, and WHEREAS: By virtue of the need for additional industrial and economic development, NOW, THEREFORE, BE IT RESOLVED by the Economic Development Commission that because of insufficient employment opportunities and insufficient diversification of industry, the economic welfare of the city would be benefited by approving the application of Land Trust No. 29 -5121, the owner of said land trust being A.G.A. Realty Company, for the acquisition and construction of a building in the Downtown Urban Renewal Project, South Bend, Indiana. THIS RESOLUTION ADOPTED BY THE ECONOMIC DEVELOPMENT COMMISSION OF THE CIVIL CITY OF SOUTH BEND, INDIANA, THIS 1ST DAY OF SEPTEMBER, 1972. /s/ President, Karl G. King, Jr. /s/ Vice President, Fred Craven /s/ Secretary, Walter Mucha m I REPORT OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION MAKING CERTAIN ESTIMATES Pursuant to the Municipal Economic Development Act of 1965, as amended, the City of South Bend Economic Development Commission is required to make certain estimates in regard to the proposed acquisition of an industrial project by the city of South Bend which is to be leased to Land Trust No. 29 -5121, the owner of said land trust being A.G.A. Realty Company of South Bend an Indiana Partnership. The estimates are as follows: (1) The number of public services or facilities, including streets, sidewalks, schools, sewers, street lights, fire and police protection which would be made additionally necessary or desirable on account of the proposed acquisition are none and the expenses therefore are none. (2) The total project cost of the proposed facilities, including all necessary financial costs, will be in the amount of $1.6 million and not to exceed $2.2 million. The actual dollar amount is unascertainable at this moment, pending conclusion of negotiations with potential lessess. (3) The number of jobs to be created by the proposed acquisition; construction and leasing thereof will be approximately 50, ranging upwards to a possible high of 75, and the estimated annual payroll will be from $250,000 to $375,000. The completion of the JMS Building and the addition of the new section on the land recently bid and purchased from the Redevelopment Commission will all be in complaince with R -66, the plan for the redevelopment of South Bend, and we are sure that this will be a handsome addition to the city and provide a welcome increase in the tax base. 11 it m Mr. Frank Miles, President Area Plan Commission County -City Building South Bend, Indiana 46601 Dear Mr. Miles: September 8, 1972 Pursuant to the Municipal Economic Development Act of 1965, as amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Com- mission making certain estimates pertaining to the application-,6f A.GA. Realty - Company of South Bend an Indiana Partnership. I would appreciate your immediate attention and indication of your approval. Sincerely, Karl G. King, Jr., President Economic Development Commission KGK:ks Enc. cc: Jerry J. Miller, Mayor, City of South Bend Peter J. Nemeth, President, South Bend City Council Kenneth Fedder, Economic Development Commission Attorney Mr. Allen Schrager, A.G.A. Realty Company 11 if REGULAR MEETING SEPTEMBER 25, 1972 a RESOLUTION NO. 331 -72 m Mr. Aaron H. Huguenard, President Board of School Trustees South Bend Community School Corporation 635 South Main Street South Bend, Indiana Dear Mr. Huguenard: September 8, 1972 Pursuant to the Municipal Economic Development Act of 1965 as amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of A.G.A. Realty Company of South Bend an Indiana Partnership. 1 I would appreciate your immediate attention and indication of your approval. Sincerely, Karl King, Jr., President Economic Development Commission KGK:ks Encl. CC: Mayor Jerry J. Miller, City of South Bend Mr. Peter Nemeth, President, South Bend City Council Mr. Kenneth Fedder, Economic Development Commission Attorney Mr. Allen Schrager, A.G.A. Realty Company September 15, 1972 Mr. Karl G. King, Jr. President Economic Development Commission City of South Bend In Re: A.G.A. Realty Company of South Bend Dear Mr. King: T, Please be advised that the Technical Staff of the Area Plan Commission has reviewed this proposal and finds it to be consistent with the Central Downtown Urban Renewal Project and the Area wide Comprehensive Plan for Community Development. HB;ld It I Very truly yours, Howard Bellinger Executive Director Mr. Karl King, President Economic Development Commission of South Bend County -City Building South Bend, Indiana 46601 Dear Mr. King: ID M m IE September 19, 1972 The Board of School Trustees for the South Bend Community School Corporation endorses wholeheartedly the completion of the JMS Building and the addition of the new section on the land recently bid and purchased from the Redevelopment Commission by the A.G.A. Realty Company of South Bend an Indiana Partnership. The School Corporation does not consider that this project would cause any major change in school enrollments nor bring any burden upon present school facilities. AHH /mm Sincerely, Aaron H. Huguenard, President Board of School Trustees m A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission said that the Council is aware that, under the R -66 Downtown Renewal Program, an annex to the present J.M.S. Building is planned The resolution authorizes the Commission to proceed with preliminary agreements on the lease and trust agreement for this project. The exact amount of the bonds is not known at this time. However, it is estimated that the facility will employ from 50 to 70 people. Mr. Fedder displayed an artist's sketch of the building as planned and said that it will provide office space and retail space with ground floor access. Councilman Taylor asked Mr. Fedder if there would be any steps into the building since the Council is now studying the problem of access to buildings for paraplegics and handicapped persons. Mr. Fedder said that there would be no steps. Councilman Kopczynski made a motion that the resolution be adopted, seconded by Councilman Taylor. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING SEPTEMBER 25, 1972 ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOP- MENT REVENUE BONDS AND THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO C. E. LEE COMPANY, INC. This ordinance had first reading by title and second reading in full. Councilman Parent made a motion that the ordinance be set for public hearing and third reading on October 10, 1972. Councilman Taylor seconded the motion and it carried. ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOP MENT REVENUE BONDS AND THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO INTERNATIONAL BAKERS SERVICES, INC. This ordinance had first reading by title and second reading in full. Councilman Taylor made a motion that the ordinance be for public hearing and third reading on October 10, 1972. Councilman Kopczynski seconded the motion and it carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $4,500.00 FROM THE GENERAL FUND AND THE TRANSFER OF SAME TO ACCOUNT T -726 "OTHER EQUIPMENT" IN THE TRAFFIC DEPARTMENT BUDGET, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. This ordinance had first reading by title and second reading in full. Councilman Serge made a motion that the ordinance be set for public hearing and third reading on October 10, 1972. The motion was seconded by Councilman Taylor and was carried. ORDINANCE NO. 5436 -72 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE FIRE DEPARTMENT IN THE AMOUNT OF $12,100 FROM ACCOUNT Q -11 "SERVICES PERSONAL" AND THE TRANSFER OF SAME TO THE FOLLOWING: ACCOUNT Q -221, "ELECTRIC CURRENT" $2,600.00; ACCOUNT Q -222, "GAS" $1,750.00, ACCOUNT Q -224 "WATER" $850.00; ACCOUNT Q -252 "REPAIRS OF EQUIPMENT" $x,100.00; ACCOUNT Q -262 "MEDICAL, SURGICAL AND DENTAL" $1,000.00; ACCOUNT Q -43 "REPAIR PARTS" $1,000.00; ACCOUNT Q -54 "CLOTHING ALLOWANCE" $1,800.00, ALL ACCOUNTS IN THE FIRE DEPARTMENT BUDGET, AND ALL BEING WITHIN THE GENERAL FUND. Councilman Miller made; a,motion that the rules be suspended and that the Council proceed with the public hearing and third reading on this ordinance, seconded by Councilman Kopczynski. The motion carried unanimously. A public hearing was held on the ordinance at this time. Councilman Parent said that the Fire Chief had met with six or seven of the Councilmen regarding this ordinance. He then read a letter from Assistant Chief Nagy explaining the need for the transfer as follows: " September 14, 1972 " South Bend City Council County -City Building South Bend, Indiana 46601 Re: Transfer of funds The South Bend Fire Department requests a transfer of funds as follows: Q -221 Electric Current: We request a transfer of funds from Q -11 to Q -221 in the amount of $2,600.00. The beginning of the year we started with $3,680.00, as of 7 -27 -72 we have $1.10. We paid $615.82 out of the 1972 budget for services rendered in 1971. We project to complete our obligation for the rest of the year $2,600.00 Q -222 Gas: We request a transfer from Q -11 to Q -222 in the amount of $1750.00. The beginning of the year we started with $8,600.00, as of 9 -5 -72 we have $1,956.83. We paid $481,88 out of the 1972 budget for services rendered in 1971. We project to complete our obligation for the rest of the year $1750.00. Q -224 Water: We request a transfer of funds from Q -11 to Q -224 in the amount of $850.00. The beginning of the year we started with $1,850.00, as of 7 -7 -72 we have $284.91. We paid $521.46 out of the 1972 budget for services rendered in 1971. We project to complete our obligation for the rest of the year $850.00. Q -252 Repairs of Equipment: We request a transfer from Q -11 to Q -252 in the amount of $3,100.00. The beginning of the year we started with $3,400.00, 7 -26 -72 we had a transfer of $1,800.00 giving a total of $5,200.00. As of 9 -12 -72 we have a minus - $318.42 with outstanding bills of $2,351.00. Unforeseen breakdowns in the last month to Engine #4 and Engine #9 and an accident with Ambulance Unit 135 are con- tributing factors. Those total come to $3,100.00. Settlement on the ambulance has been in litigation. If and when money is obtained it will be turned over to the General Fund. Q -262 Medical: We request a transfer of funds from Q -11 to Q -262 in the amount of $1,000.00. The beginning of the year we started with $3000.00, as of 9 -12 -72 we have $684.00. We have outstanding $450.00 in bills which we have not processed. We project to complete our obligation for the rest of the year $1,000.00. REGULAR MEETING SEPTEMBER 25, 1972 ORDINANCE NO. 5436 -72 (CONTINUED) Q -43 Repair Parts: We request a transfer of funds from Q -11 to Q -43 in the amount of $1,000.00. The beginning of the year we started with $6,500.00, 7 -26 -72 we had a transfer of $3,000.00, giving a total of $9,500.00. As of 9 -11 -72 we have $364.64. We project to complete our obligation for the rest of the year $1,000.00. Q -54 Clothing Allowance: We request a transfer from Q -11 to Q -54 of funds in the amount of $1,800.00. The beginning of the year we started with $56,000.00. As of 9 -8 -72 we have $3,637.79. At the present time, 13 men are being considered for the department. It takes approximately $420.00 to outfit each new man. We project to complete our obligation for the rest of the year $1,800.00. Respectfully submitted, Joseph V. Nagy Ass't Fire Chief JN:fk 11 to Councilman Nemeth said he would like to know the causes of the unforeseen breakdowns of equipment. Councilman Kopczynski said he wondered if the last breakdown of an engine was on a run to a false alarm and commented that a lot of damage was done because of false alarms and something should be done about them. Councilman Newburn said that they are investigating false alarms but that the equipment must be ready to go whether it is a false alarm or a fire. Councilman Horvath asked why there was a surplus in the Q -11 account and it was explained that this surplus occurs because of the vacancies on the department. Councilman Parent made a motion that this public hearing be continued until October 10, 1972 in view of the questions raised. There was no second. Council- man Kopczynski made a motion that the ordinance pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE PROVIDING FOR THE IMPROVEMENT OF NORTH IRONWOOD DRIVE FROM APPROXIMATELY TWO HUNDRED FEET SOUTH OF BADER AVENUE TO CORBY BOULEVARD BY CONSTRUCTING A PUBLIC SIDEWALK. This ordinance had first reading by title and second reading in full. Councilman Taylor made a motion that the public hearing and third reading of the ordinance be set for October 10, 1972, seconded by Councilman Parent. Councilman Newburn asked, as a point of information, why this matter was coming before the Council. Councilman Nemeth explained that when so many residents remonstrate against a project like this, according to state statute the Board of Public Works has no choice but to bring the matter before the Common Council. The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 5403 -72 BY APPROPRIATING FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND $75,000.00 AS THE CITY OF SOUTH BEND'S SHARE FOR THE LOCAL ROADS AND STREETS PROJECTS 48 AND 48. This ordinance had first - reading by -title and second reading in full. Councilman Kopczynski made made a motion that the ordinance be set for public hearing and third reading on October 10, 1972. Councilman Parent seconded the motion and it carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 5413 -72 BY APPROPRIATING FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND $32,500.00 AS THE CITY OF SOUTH BEND'S SHARE FOR THE LOCAL ROADS AND STREETS PROJECT 49. This ordinance had first reading by title and second reading in full. Councilman Szymkowiak made a motion that the ordinance be set for public hearing and third reading on October 10, 1972, seconded by Councilman Parent. The motion carried. UNFINISHED BUSINESS Public hearing on an ordinance for an additional appropriation in the Radio Department was delayed until further information was received by the Council. Councilman Newburn made a motion that this ordinance be set for public hearing and third reading on October 10, 1972, seconded by Councilman Szymkowiak, and carried. NEW BUSINESS A report from the Area Plan Commission having been received in regard to a petition to rezone property on Ireland Road, between St. Joseph and Fellow Street, Councilman Miller moved that the ordinance referred to in the Area Plan report be set for public hearing and third reading on October 10, 1972. Councilman Kopczynski seconded the motion and it was carried. Councilman Miller made a motion that, because of the holiday on October 9, the regular meeting of the Council be set for October 10, 1972 with the meeting to begin at 7:00 p.m. Councilman Kopczynski seconded the motion and it carried. Council President Nemeth said that he was naming a Council Committee on Revenue Sharing so that the Council could study the priorities for using this money. Mr. Nemeth will chair the committee and he named Councilmen Szymkowiak, Miller, Parent and Newburn as members. They will report back to the Council as soon as they receive copies of the Federal law. Councilmen Kopczynski, Taylor and Serge all expressed the opinion that all the members of the Council should be on the committee Councilman Nemeth said that he had named a committee to insure that there would be attendance at committee meetings, but that all members of the Council would be welcome to attend. There being no further business to come before the Council, Councilman Newburn made a motion to adjourn, seconded by Councilman Horvath and carried and the meeting adjourned at 10:40 p.m. ATTEST: CITY CLERK APPROVED: ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++