03-27-72 Council Meeting Minutes

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REGULAR MEETING MARCH 27, 1972 RESOLUTION NO. 301 -72 (Continued) WHEREAS, The Comptroller General has issued an opinion that projects in execution prior to the effective date of the Uniform Relocation Act may elect one of the two (2) options with respect to the financing of these relocation payments through an Amendatory Contract; and WHEREAS, it is necessary and in the public interest that the carrying out of the Code Enforce- ment Project, Indiana E -5, additional relocation payments be made in accordance with and to the full extent permitted by law and the regulations governing said relocation payments that the City of South Bend, avail itself of the financial assistance pursuant to law for this purpose; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana that it elects to take the option to amend the project contract, as permitted by an opinion of the Comptroller General of November 5, 1971 to Secretary George Romney, so that relocation payments (but no relocation services) will be shared on the project formula basis. BE IT FURTHER RESOLVED, that an Amendatory Application on behalf of the City of South Bend, be filed and the City of South Bend, Department of Redevelopment as the Administrative Agency carry out the Code Enforcement Project, identified above is hereby directed to file said Amendatory Application on behalf of the City of South Bend, for an increase in the Relocation Grant to make additional relocation payments in accordance with and to the full extent of the regulations governing such relocation payments; and the Mayor of theOi_ty of South Bend is hereby authorized to execute any said application and the Executive Director of the Department of Redevelopment is directed to file such Amendatory Application with the Department of Housing and Urban Develop- ment and to provide such information and to furnish documents as may be required by said Depart- ment and to act as the authorized representative of the City of South Bend, Department of Redevelopment. /s/ Peter J. Nemeth Member of the Common Council A public hearing was held on this resolution at this time. Mr. Taylor explained that this resolution was just like the previous resolution except that it involved the Model Cities Code Enforcement Area. Councilman Kopczynski made a motion for adoption of the resolution, seconded by Councilman Horvath. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) 0 nays. RESOLUTION NO. 302 -72 A RESOLUTION AUTHORIZING LEASE OF AN UNUSED FIRE STATION TO A.C.T.I.O.N., INC. FOR USE AS OFFICES WHEREAS, the City of South Bend, being the owner of a vacated fire station premises described in the copy of a lease, attached hereto as hereinafter recited, and has no current use for the premises, and WHEREAS, A.C.T.I.O.N., INC., a non - profit corporation and the agency designated to administer the local anti - poverty program, desire to lease said premises for offices, for March 1, 1972 through February 28, 1973, and WHEREAS, the City of South Bend by virtue of said Lease can obtain in -kind credits toward its contribution to such program as required by the Federal Anti - Poverty Program; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION 1. Pursuant to the authority set forth in the Acts of the General Assembly for the year 1905, Chapter 129, that certain lease, entered into by and between the A.C.T.I.O.N., INC., and the City of South Bend by and through the Board of Public Works and Safety and its Mayor, on the 27th day of March, 1972, which lease is attached hereto marked Exhibit "A ", and incor- porated herein by reference to the same extent as if it were fully recited herein, is hereby approved and confirmed. /s/ Peter J. Nemeth Member of the Common Council A public hearing was held on this resolution at this time. Fire Chief Jack Bland explained to the Council that the Fire Department was reactivating old Fire Station #5 and are asking A.C.T.I.O.N. to vacate it and move their offices to the former Station #10. This resolution is approving the lease of the property to A.C.T.I.O.N. Mr. Jack O'Connell, Director of A.C.T.I.O.N., said that this is just a matter of their moving their offices to the other location. There was some discussion as to how the property should be described on the lease with some feeling that the street address of the property should appear on the lease. City Attorney Charles Sweeney explained that, while a street address may change, a legal description never changes and, for that reason, it is best to use just the legal description on the lease. Councilman Serge asked whether there are provisions in the lease for the proper maintenance of the property and Mr. Sweeney answered that there were. Councilman Szymkowiak moved for adoption of the resolution, seconded by Councilman Serge. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) 0 nays. UNFINISHED BUSINESS Councilman Parent reported to the Council on his findings in the matter of the building con- structed by Associates Family Financial Center. At the January 10 Council meeting, Miss Fanny Grunwald raised the question of whether Associates had a permit to build a two -story or a three -story building on the site and complained about employees parking on the street in the neighborhood. Investigation revealed that the site plan did call for a two -story building. Associates has leased additional parking spaces for its employees from the First Christian Church. Councilman Parent has asked that Mayor Miller follow through on this matter and on the violations that have occurred. The following letters have been sent to Mayor Miller and to City Attorney Charles Sweeney: