08-29-77 Council Meeting Minutes

Home Browse Search

._ REGULAR MEETING AUGUST 29, 1977 REGULAR MEETING RECONVENED (CONTINUED) passed this resolution, and the money was obtained from HUD, does Redevelopment have to come back to the Council for approval of tearing down any of these businesses. Mayor Nemeth in- dicated that the Administration would have to come back to the Council because HUD will not give the City the money without the Council approving a resolution, which would guarantee the City would meet its financial commitments. Council Member Horvath asked, at that point would the Council have the right to change the land usage. The Mayor indicated the Council would not have the right to change the land usage. Council Member Adams indicated there were three reason for this resolution: to clear a blighted area to receive tax benefits for the land; to let some flexibility for the land use plan; and to allow Redevelopment to apply for more Federal funds. She made an amendment to the resolution, on page 4, by addition a Section ll., which would read "Redevelopment shall submit to the Common Council for approval a detailed listing of the ex- penditures of any grant money received for expenditure in the project area," seconded by Counci Member Horvath. Mr. Wayne Brownell, Director of Redevelopment, indicated that the Council would have an opportunity to approve any of the Federal funds before they are spent. Council Member Kopczynski indicated that once this is submitted to the Federal Government you cannot change the plans or you will not get the money. Mr. Brownell said that in this situation HUD has said that unless the Council approves the expenditure of the funds and agrees with the conditions put upon them, the City will not get the money. Council Member Horvath indicated there should be alterna- plans and sketches. He said he would like to continue this resolution until the next meeting an( meet with the developers and the Redevelopment Commission. The motion carried. Council Member Serge indicated this plan was given favorable recommendation by the Area Plan. Council Member Kopczynski indicated that Minneapolis had a successful mall and it was built by face lifting older buildings and putting in some new ones. He said it would be unfortunate to lose some of our old fine businesses that are thriving, due to demolition. He said he thought a package should be developed.to protect the merchants. He said the blend of the old with the new has always been a good thing. Council Member Kopczynski made a motion to delay this resolution until such time as thepromoters of this project could come up with a complete plan as to safe- guarding not having another hold, seconded by Council Member Horvath. Council Member Horvath indicated he would like to meet with the developers and Redevelopment within the next two weeks. Council Member Adams indicated there seemed to be some misconception regarding this resolution, she indicated this must come back to the Council for approval. Mr. Brownell indicated we have to come to the Council for certain commitments in order to satisfy HUD. Council Member Adams asked if they must come back before anything can be done downtown to get any of the money. She asked Council Members Kopczynski and Horvath to withdraw their motion and show a vote of confidence in this resolution. Council Member Horvath asked for an explanation of the procedure involved and the impact of this resolution. Mr. Kevin Butler, attorney for the Redevelopment Commission, indicated that as a matter of law the changes in the plan have to be approved by the Council and by the Commission, after public hearing, with respect to the properties that are on the acquisition list. He said this does not obligate or require Redevelopment to tear . those properties down. He said the City is not locking itself into tearing those buildings down. He said that Mr. Brownell indicated that before Redevelopment receives the 2.1 million they will have to come back to the Council for approval, so you will be determining how that money is going to be spent. Council Member Adams indicated that before any properties could even be bought, let alone relocated or torn down, Redevelopment must come back to the Council for approval of the plan. She asked if approval of this resolution is given tonight then Redevelopment can not do anything until they come back to the Council. Mr. Brownell indicated that was correct. Council President Parent said that unless there is an objection from the Council, debate will be cut off after the next speaker. Council Member Kopczynski asked Mr. Brownell if the Council would approve any buildings, or all buildings scheduled for demolition. Mr. Brownell indicated that the Federal funds will have to be approved by the Council before they can spend them. He said they will be approved on a line item basis. He indicated they would not tear down any buildings until the Council approves the money for the project. Council Member.Kopczynski asked if the Council approves the buildings. Mr. Brownell indicated he would agree that the Council would have to approve the buildings because you approve the expenditure of the money. Council Member Kopczynski asked if the buildings would be specified in the line item budget. Council President Parent indicated that this was the end of the debate. He said the questions have been answered sufficiently. He said the motion before the Council was to delay the resolution. Council Member Adams asked if they could have a vote of the Council to cut off debate, because she would like to continue this to clarify the issue. Council Member Miller made a motion to cut off debate, seconded by Council Member Taylor. The motion carried on a roll call vote of six ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Dombrowski and Parent) and three nays (Council Members Kopczynski, Adams and Horvath). A vote was taken on the motion to delay and it failed by a roll call vote of seven nays (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski and Parent) and two ayes (Council Members Kopczynsk and Horvath). Council Member Miller, made a motion to adopt the resolution, as amended, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Kopcyznski). BILLS, FIRST READING BILL NO. 129 -77 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (NORTHEAST CORNER OF MIAMI AND JACKSON). This bill had first reading. Council Member Horvath made a motion to refer this bill and petiti to Area Plan, seconded by Council Member Miller. The motion carried. BILL NO. 130 -77 A BILL TRANSFERRING $1,350.00 AMONG VARIOUS ACCOUNTS WITHIN THE BUREAU OF COMMUNICATIONS BUDGET IN THE GENERAL FUND OF THE CITY OF SOUTH BEND. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading September 12, 1977, seconded by Council Member Dombrowski. The motio carried.