09-11-78 Council Meeting Minutes

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REGULAR MEETING REGULAR MEETING RECONVENED (CONTINUED) WHEREAS, the Grant from the United States Department of Housing and Urban Development, requires that interim financing and permanent financing be obtained for the office building, retail space and hotel in the principal sum of $15,822.00. WHEREAS, it is essential to the success of the project that the City of South Bend avail itself of the services of a Development Manager with the necessary experience and expertise in (i) obtaining commitments for participation in the project by First Bank and Trust Company of South Bend, Indiana, and Marriott Hotels of Washington, D. C.; (ii) obtaining the required interim and permanent financing for the participants -in the project; (iii) coordinating with the architect the preparation of plans and specifications for the development of the multi -use project; (iv) providing services in the development, integration, coordination and supervision of the project as a whole and the development and cons, truction management of the public portion of the project to be constructed by the City of South Bend. WHEREAS, the City of South Bend and Gerald D. Hines Interests have negotiated a form of Development Management Agreement setting forth the respective obligations of the parties to ac- complish these purposes. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. The proposed Development Management Agreement, attached hereto as Exhibit A, is hereby approved and the Board of Public Works, the Mayor, and the City Clerk, are hereby authorized to execute the Agreement on behalf of the City. SECTION II. This resolution shall be in full force and effect from and after its passage by the Common Council, and its approval by the Mayor. /s /Walter M. Szymkowiak Member of the Common Council A public hearing was held at this time on this resolution. Mayor Peter J. Nemeth, indicated this resolution authorizing the Board of Public Works, the Mayor and the City Clerk to enter into a Development Management Agreement with Gerald D. Hines Interest of Houston, Texas. He indicated it was essential to the success of the project that the City avail itself of the services of a Development Manager with the expertise to obtain commitments for the participation in theproject, obtain the required interim and permanent financing, coordinate the preparation of plans and specifications, and supervise the project as a whole. He indicated that they expect the designs would be done in six months and groundbreaking will be next spring. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO..172 -78 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (405 W. WAYNE.) This bill had first reading. Council Member ADams made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 173 -78 A BILL DESIGNATING AND ESTABLISHING.AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (701 NORTH COTTAGE GROVE AVENUE.) This bill had first reading. Council Member Adams made a motion to refer this bill to Area Plan' seconded by Council Member Dombrowski. The motion carried. BILL NO. 174 -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) (2700 LINCOLNWAY WEST.) This bill had first reading. Council Member Adams made a motion to refer this bill and petition to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 175 -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) (2100 EWING TO 2300 PRAIRIE) This bill had first reading. Council Member ADams made a motion to refer this bill and petition to Area Plan, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6459 -78 AN.ORDINANCE FOR ADDITIONAL APPROPRIATION FROM THE GENERAL PARK FUND IN THE AMOUNT OF $111,000.00 TO ACCOUNTS 214.0, 221.0, 222.0, 224.0, 241.0, 251.0, 312.0, 321.0, 323.0, 331.0, 363.0, 370.0, 372.0, 410.0, 430.0, 440.0, 510.0, 520.0, 580.0, 640.0, 722.0, and 726.0. This bill had first reading. Council. Member Adams made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Dombrowski. The motion carried on a roll call vote of nine ayes. This being the time heretofore set for public hearing on the above bill proponents and opponents were given an opportunity to be heard. Irene Gammon, City Clerk, explained that it was necessary to have public hearing again on this bill, due to the fact that the original ordinance had indicated it was both an appropriation and a transfer and therefore it was advertised incorrectly. Council Member Horvath made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes.