12-19-77 Council Meeting Minutes

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REGULAR MEETING DECEMBER 19, 1977 REGULAR MEETING RECONVENED (CONTINUED) A public hearing was held at this time on the resolution. Mr. Arthur Osterwald of Edward Rose of Indiana, indicated this resolution was being requested because if the developer is unable to get the proper zoning the petitioner wants the option of filing a dis- annexation petition. He said this property would be used to develop an apartment complex. Mr. George Carmichael, 17401 Battles Dr., read the following into the record: "We wish to present to the South Bend City Council notice of our acute concern as to the proposed annexation of the 70.9 acre plot at Ironwood and Ireland for the purpose of its development by the Edward Rose Company of Indina (offices in Kalamazoo, Michigan) into an apartment complex of 1,135 units - -under the particular present plan as described in the South Bend Tribune. We ask you to consider that this proposal has surfaced at the busiest time of the year for families, thus placing those who are concerned about it at great disadvantage so far as adequate preparations for presenting our concerns and objections. We ask you to consider that what inquiries we have made downtown during the last two months brought forth no information from the agencies and that the South Bend Tribune articles gave us our only information—and this only at the very brink of the starting of the processes regarding the Rose proposal. We point out that the use of this large land area should result in permanent benefit to the community. We are deeply concerned about the quality of construction that would go into the building of any structures by any builder on this large land site, and we are concerned about density, design, safety features, etc. The designated sum of $10 million for construction by Rose of 1,135 units indicates to us very low - cost construction at today's prices—and more so, considering that costs other than construction also were listed as accruing to the builder. All of this would apparently indicate something less than $8800 to be applied to the construction of a unit. We object to discrimination against the contiguous areas of high -value dwellings that is couched in the present Rose plan. We object to the propect of this particular proposed land use becoming even less of an asset to the community as the years pass. We ask: What actual financial benefit to the City of South Bend would result from the use of this land under the present Rose plan; that is, financial benefit over and above the costs to the City and the taxpayers that will be involved. In summation, we do not object to the use of the land for the real benefit of people and the area. We object to the construction of dwellings on it of the quality presently proposed. We ask that there be an upgrading of the quality of construction and whatever in the plans would relate to lasting bene- fit. We feel that, for the good of the City as a whole, construction on this land site should not be of such nature as to result eventually in primarily a tax write -off for the builder, and we ask you to consider if this is a possibility. We ask that the City, the Builder, and the area residents cooperate in seeing to a proper, sensible, fair upgrading of the use of this land." Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 599 -77 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FROM THE CUMU- LATIVE SEWER BUILDING AND SINKING, CUMULATIVE CAPITAL IMPROVEMENT, LOCAL ROADS AND STREETS, FEDERAL ASSISTANCE GRANT FUNDS AND WASTEWATER DEPRECIATION FUND, WATER WORKS DEPRECIATION FUND AND WASTEWATER GENERAL FUND, TO THE CORPORATION GENERAL, PART MAINTENANCE, POLICE PENSION, FIRE PENSION, REDEVELOPMENT, HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES COMMISSION FUNDS, MOTOR VEHICLE HIGHWAY FUNDS, ALL FUNDS BEING WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA WHEREAS, a necessity exists to provide funds for the Corporation General, Park Maintenance, Police Pension, Firemen Pension, Redevelopment, Human Relations and Fair Employment Practices Commission, Motor Vehicle Highway Funds prior to the receipts of taxes in the year 1978, in order to meet the current operating expenses of the City, provided for in the budget and appropriation adopted for the year 1978, which expenses must be met prior to the receipt of taxes in the year 1978, and WHEREAS, there are monies on deposit to the credit of various funds of the CIty, to -wit: Cumulative Sewer Building and Sinking, Cumulative Capital Improvement, Local Roads and Streets and Federal Assistance Grant, Wastewater Depreciation, and Water Works Depreciation Funds which can be temporarily advanced or transferred to the various funds already mentioned, and WHEREAS, Chapter 71 of the Acts of 1961 of the Indiana General Assembly authorized the Common Council of the Civil City of South Bend, by Resolution adopted by such Council, to ad- vance and transfer to a depleted fund from any other such fund, such amount and for such period of time as may be prescribed in the Resolution, NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $4,000,000.00 to various funds from various other funds as listed below. The aggregate amount of $4,000,000.00 to be distributed so as not to exceed at any one time the maximum amounts as set forth below. Any such transfers made must be repaid by December 31, 1978. FROM: MAXIMUM Cumulative Sewer Building & Sinking Fund $750,000.00 Local Roads and Street Fund 500,000.00 Federal Assistance Grant Fund 750,000.00 Wastewater General Fund 1,250,000.00 Wastewater Depreciation Fund 500,000.00 Water Works Depreciation Fund 250,000.00 $4,000,000.00 TO: MAXIMUM Corporate General Park Maintenance Fund Police Pension Fund Firemen Pension Fund Cumulative Capital Improve- ment Fund $2,325,000.00 500,000.00 250,000.00 250,000.00 150,000.00 Human Relations & Fair Employment Practices Comm. Fund 25,000.00 Motor Vehicle & Highway Fund 500,000.00 $4,000.000.00