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HomeMy WebLinkAbout07-24-00 Council Meeting MinutesREGULAR MEETING JULY 24, 2000 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, July 24, 2000, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Ujdak Sean Coleman Al `Buddy" Kirsits Karen L. White Absent: None 1St District Vice - President 2nd District President 3rd District 4t'' District 5th District 6th District Chairperson, Committee of the Whole At -Large At -Large At -Large REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the June 26, 2000 and July 10, 2000 meetings of the Council and found them correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s/David Varner Councilmember Coleman made a motion that the minutes of the June 26, 2000 and July 10, 2000, meetings of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS President Pfeifer reminded members that there will be a special meeting of the Council to be held on Monday, July 31, 2000 at 7:00 p.m. in the Council chambers to discuss the issue of a living wage. President Pfeifer noted that there will not be an ordinance or resolution filed but it will be an open discussion on the issue. Additionally, on behalf of the City, President Pfeifer stated that the Council wants the community to know that the Council is saddened by the recent rash of murders and the Police Department has the support of the Council. She asked for the prayers of the community. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Ujdak presiding. BILL NO. 37-00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN REGULAR MEETING JULY 24, 2000 PENN TOWNSHIP CONTIGUOUS THEREWITH; VOCO, INC.(NORTHEAST CORNER OF IRELAND ROAD & IRONWOOD ROAD, SOUTH BEND, INDIANA Councilmember Kelly made a motion to accept the second substitute of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Larry Magliozzi, Assistant Director, Planning & Neighborhood Development, Community & Economic Development, 205 West Jefferson Boulevard, Suite 416, South Bend, Indiana, informed the Council that this bill is a combined voluntary annexation and rezoning that meets all the criteria of state law. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from "R" Residential in the County and "A" Residential, "A" Height and Area in the City of South Bend to "C" Commercial, "A" Height and Area to allow retail, a restaurant with a drive -thru and a car wash facility. Mr. Byorni noted that the property is currently vacant. Access to the site is from Ironwood and Ireland Roads. Water and sewer are available to the site and the drainage has not been addressed by the petitioner. The total site to be rezoned is 13.4 acres of which buildings will occupy eighteen per cent (18 %) of the site, parking and drives will occupy fifty -nine per cent (59 %) of the site and twenty -three per cent (23 %) of the site will remain as open space. The site plan is preliminary. The Army Corps of Engineers will require a federal permit to develop parts of this site that affect the waterway. The City Engineer will require accel/decel lanes on Ireland Road. Mr. Byorni concluded by stating that based on information available prior to the public hearing, the Area Plan Commission staff recommended that this petition be sent to the Council with a favorable recommendation, subject to a final site plan showing no automotive uses near Ireland Road and effective screening between this development and the homes to the south. This zoning and use is in keeping with the other uses at this intersection. Because of the residential uses in the area and the intense use of the site, it is the staffs opinion that the site plan needs to be amended to protect these homes. If automotive uses are approved they should be located on the north side of the lot and the entire site screened from residential districts. At its meeting held on May 16, 2000 the Area Plan Commission sent this bill to the Council with a favorable recommendation subject to a final site development plan showing no automotive uses near Ireland Road and effective screening between this development and the homes to the south as well as no restriction of the storm water flowing through this site to the City's retention basin. Mr. Michael J. Danch, President, Danch, Hamer & Associates, Inc., 3232 Sugar Maple Court, South Bend, Indiana, made the presentation for this bill. Mr. Danch informed the Council that submitted for consideration is an annexation and rezoning ordinance for the property located on the northeast corner of Ireland and Ironwood Roads. It consists of 13.4 acres of vacant land that will be developed into one hundred thousand (100,000) square feet of retail along with a drive -thru restaurant and a possible car wash. Access will be off of both Ireland and Ironwood Roads. Drainage will be done on site. Sanitary sewer and water will be connected to the City system. Mr. Danch noted that screening will be done but due to the elevation difference, this property is lower than the property to the north which is a church and the apartment complex to the east. There will be a retaining wall at the north and east lines. He noted that one of the concerns voiced was the noise of truck traffic. However, because of the elevation difference, this will not be a concern. REGULAR MEETING JULY 24, 2000 Mr. Haji Tehrani, 5406 North Main Street, Mishawaka, Indiana informed the Council that he is the contingent purchaser who intends to develop a car wash at this site which will be the same as the one currently operating in the City of Mishawaka. It will generate a fairly low amount of traffic. He stated that they are community oriented. Mr. Richard Muessel, 211 West Washington Street, South Bend, Indiana, indicated that he represents Voco, Inc. and asked if the rezoning could be granted without the restriction for the car wash. Mr. John Byorni was asked to clarify this concern. He advised that the Area Plan Commission recommended that the car wash be moved further back onto the site. Other recommendations will be taken care of at the time of the final site plan. Councilmember Varner advised that the Council was satisfied with the presentation that was made by the person that was going to construct this car wash and did not feel there was a need to move the location of the car wash. It was noted that the final site plan would not move the car wash. Councilmember Coleman noted that he supports this action with the understanding that the car wash would be the same in facade style and materials as the car wash currently located in Mishawaka. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Therefore, Councilmember Coleman made a motion to send this second substitute bill to the full Council with a favorable recommendation with the understanding that the final site plan will note that the exterior of the car wash be the same as the car wash facility in Mishawaka and that this bill be set for third reading at the August 28, 2000 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 40-00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN WARREN AND GERMAN TOWNSHIPS CONTIGUOUS THEREWITH; JAMES & BARBARA KIDDER, 25,500 BLOCK OF OLD CLEVELAND ROAD SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Aranowski made a motion to accept the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Larry Magliozzi, Assistant Director, Planning & Neighborhood Development, Community & Economic Development, 205 West Jefferson Boulevard, Suite 416, South Bend, Indiana, indicated that this is a voluntary annexation combined with a rezoning. He noted that the reason for the substitute version of this bill is because the legal description has changed. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni noted that the petitioner is requesting a zone change to "IP" Industrial Park District." The property is currently vacant land and access to the site is from Olive Road through the property to the east. Water and sewer will be provided to the site. The total site to be rezoned is 82.6 acres. Mr. Byorni noted that because of the proximity of residential developments, this property should be developed under the REGULAR MEETING JULY 24, 2000 stricter guidelines of the "IP" Industrial Park zone. At its meeting held on June 20, 2000, the Area Plan Commission sent this petition to the Council with a favorable recommendation subject to a final site plan. Mr. Michael J. Danch, President, Danch, Hamer & Associates, Inc., 3232 Sugar Maple Court, South Bend, Indiana, representing James and Barbara Kidder, made the presentation for this bill. Mr. Danch advised that this annexation involves approximately eighty (80) acres which will be developed for an industrial park. It is adjacent to an "IP" district to the east of the site. The roadway will access off of Olive Road and utilities will be extended to the site from Olive Road. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Joyce Boaler, 1606 Hillsdale Road, South Bend, Indiana, indicated that she had no specific objection but wondered why with all the vacant buildings and land in the Bendix Park area why someone would take farmland to develop an industrial park. There was no one else present wishing to speak in opposition to this bill and there was no one present wishing to speak in favor. Therefore, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this substitute bill and that it be set for third reading at the August 28, 2000 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 55 -00 PUBLIC HEARING ON A BILL AUTHORIZING THE CITY OF SOUTH BEND TO ISSUE ITS "VARIABLE RATE DEMAND ECONOMIC DEVELOPMENT REVENUE BONDS (COLBERT PACKAGING CORPORATION PROJECT), SERIES 2000" AND APPROVING OTHER ACTIONS IN RESPECT THERETO (3620 WEST MCGILL STREET, SOUTH BEND, INDIANA) Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Kenneth P. Fedder, Attorney at Law, 205 West Jefferson Boulevard, South Bend, Indiana, informed the Council that he is the attorney for the South Bend Economic Development Commission and would make the presentation for this bill. Mr. Fedder reminded members of the Council that this is not a general obligation bond. Owners of the bonds can only look forward for their repurchase to the individual who sought the bonds. In this instance the company involved is Colbert Packaging Corporation which is an existing business in our community as it expands. This bond issue is in the amount of $1.4 million dollars for a new facility to be located at 3620 McGill Street. The proceeds will be used for acquisition, construction and equipping of this manufacturing facility which manufactures setup boxes for packaging purposes. The bonds will be sold in one hundred thousand dollar ($100,000.00) amounts or larger and they are tax exempt from income tax. The Economic Development Commission approved this project by their Resolution and now the Council is being asked to pass this funding ordinance for the issuance of bonds so they can be sold on the market with Bank One Capital Markets, Inc. being the underwriter. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. REGULAR MEETING JULY 24, 2000 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 45-00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 3020 BUCKINGHAM, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion that this bill be continued until the August 28a meeting of the Council at the request of the petitioner. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 52-00 PUBLIC HEARING ON A BILL RE- DESIGNATING AND RE- ESTABLISHING AN HISTORIC LANDMARK FOR REAL ESTATE AT 108 NORTH MAIN STREET, COMMONLY KNOWN AS THE JMS BUILDING, AND RESCINDING ORDINANCE NO. 8915 -98 Councilmember White made a motion that this bill be continued until the August 28th meeting of the Council at the request of the petitioner. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 53 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF CALIFORNIA AVENUE FROM THE EAST RIGHT -OF -WAY OF BLAINE AVENUE TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH/SOUTH ALLEY EAST OF BLAINE AVENUE FOR A DISTANCE OF APPROXIMATELY 134 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART LOCATED IN MUESSEL 1ST ADD., SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Varner also noted that the Board of Public Works has given this request a favorable recommendation. Mr. John Albers, 822 Blaine, South Bend, Indiana, informed the Council that five (5) alleys were previously closed in this neighborhood and they would like this alley closed as well. Mr. Albers stated that he has photographs with him this evening if the Council wanted to see the condition of the alley at this time. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING JULY 24, 2000 BILL NO. 54 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF NOTRE DAME AVE. FROM THE SOUTH RIGHT -OF -WAY OF SOUTH BEND AVE. TO THE NORTH RIGHT -OF -WAY OF ALMOND COURT FOR A DISTANCE OF APPROXIMATELY 233.3 FEET AND WIDTH OF 12 FEET. PART LOCATED IN THE BUGBEE' S ADD., SOUTH BEND, ST JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Varner also noted that the Board of Public Works has given this request a favorable recommendation subject to an agreement being recorded which allows access. Council Attorney Kathleen Cekanski- Farrand read into the record the following amendment: Section V. Add to current language in Section V.: , and it shall be subject to the Petitioner recording an Easement Agreement providing for cross access arrangements for the owners of Lots 16 and "A ". Councilmember Coleman made a motion to accept this amendment. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Shane A. Sult, 1846 Winston Drive, South Bend, Indiana, made the presentation for this bill on behalf of the Petitioner, Mr. Archie J. Bradford, Olivet African Methodist Church, 719 North Notre Dame Avenue, South Bend, Indiana. Mr. Sult informed the Council that he was able to talk with Mr. Ed Wray who is the owner of Lot # 16 who is currently renting that house to his family. He noted that they came to an agreement and they will take the necessary steps to draw up an Easement Agreement which will be recorded. Mr. Sult further informed the Council that the purpose of the vacation is in order for the church to create a paved parking lot on Lot #17 and a portion of the vacated alley. Councilmember Uj dak reminded Mr. Sult that this Easement Agreement needs to be recorded within the next thirty (30) days. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak in favor of this vacation. Ms. Clara Thibeau, 735 Notre Dame Avenue, South Bend, Indiana, spoke against the vacation. Ms. Thibeau indicated that she needs access to the alley. She noted that she does not have a garage but when she has overnight guests they need to use the parking space behind her property as there is much vandalism in the front of her property. She noted that she is opposed and does not want to have to put her trash in the front for pick -up. There was no one else wishing to speak to the Council in opposition to this vacation petition. In rebuttal, Mr. Sult informed Ms. Thibeau that he understands what she is asking for and assured her that access to the property in the rear of her house would not be blocked and the church is not trying to put any hardship on the surrounding properties. REGULAR MEETING JULY 24.2000 As points of clarification, Councilmember White noted that the Solid Waste Department indicated that should this alley be vacated, waste pick -up would move to the front of these properties and Councilmember Kirsits clarified that the church is merely paving the alley which is currently gravel. Councilmember Ujdak noted that the sanitation access is an inconvenience issue. Councilmember Varner suggested that this bill be continued in order that this matter can be discussed further with Ms. Thibeau and if some kind of agreement can be reached the Council would proceed with the vacation request. Therefore, Councilmember Varner made a motion to continue this bill until the August 14, 2000 meeting of the Council to allow parties to get together and reach an agreement. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kirsits asked Council Attorney Cekanski- Farrand to direct a letter to Mr. Jack Dillon, to determine if the trash can continue to be picked -up in the rear should this alley be vacated. RISE AND REPORT Councilmember Kelly made motion to rise and report to the full Council. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: J, Lorett . Du City Clerk ATTEST: Committee of the REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:53 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9119 -00 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND TO ISSUE ITS "VARIABLE RATE DEMAND ECONOMIC DEVELOPMENT REVENUE BONDS (COLBERT PACKAGING CORPORATION PROJECT), SERIES 2000" AND APPROVING OTHER ACTIONS IN RESPECT THERETO (3620 WEST MCGILL STREET, SOUTH BEND, INDIANA) This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9120 -00 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH 1 1 REGULAR MEETING JULY 24, 2000 OF CALIFORNIA AVENUE FROM THE EAST RIGHT - OF -WAY OF BLAINE AVENUE TO THE WEST RIGHT - OF -WAY OF THE FIRST NORTH/SOUTH ALLEY EAST OF BLAINE AVENUE FOR A DISTANCE OF APPROXIMATELY 134 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART LOCATED IN MUESSEL 1ST ADD., SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS: RESOLUTION NO. 2907 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 14, US 31 INDUSTRIAL PARK, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR DRAGA INVESTMENTS, LLC (INDIANA SUPPLY CORP.) WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common council of the City of South Bend, Indiana requesting that the area commonly known as Lot 14, US 31 Industrial Park, South Bend, Indiana, and which is more particularly described as follows: A PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA and which has Key Number 25- 1016 - 0600001, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 etet. sea.,and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et. se g., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et. sea., for tax abatement. REGULAR MEETING JULY 24, 2000 SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality ofbenefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petitioner for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice ofthe public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. REGULAR MEETING JULY 24, 2000 Mr. Taggert Birge, Attorney for Draga Investments, LLC, no address given, made the presentation for this tax abatement. - Mr. Birge noted that Draga Investments is proposing to construct a twenty -five thousand (25,000) square foot warehousing facility in the US31 Industrial Complex. They will be spending between eight hundred thousand dollars ($800,000.00) and nine hundred thousand dollars ($900,000.00) and will employ between six (6) and eight (8) employees in the warehouse with a median salary of approximately thirty -five thousand dollars ($35,000.00). Indiana Supply Corporation, a distribution company of HVAC equipment, will be the tenant in this facility. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Aranowski made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. MOTION TO SUSPEND RULES TO CHANGE ORDER OF AGENDA Councilmember Coleman made a motion to suspend the rules to hear Bill No. 00 -89 out of sequence. Council Attorney Kathleen Cekanski - Farrand noted that this motion will take a two- thirds (2/3) vote of the Council. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 2908 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND CONSENTING TO THE TRANSFER OF JURISDICTION TO ST. JOSEPH COUNTY, INDIANA, REGARDING ECONOMIC DEVELOPMENT FACILITIES AND THE ISSUANCE OF COUNTY OF ST. JOSEPH, INDIANA MULTI -MODE VARIABLE RATE HEALTH CARE FACILITY BONDS, SERIES 2000 (SOUTH BEND MEDICAL FOUNDATION PROJECT) TO FINANCE SAID FACILITIES WHEREAS, the City of South Bend, Indiana (the "City "), is a municipal corporation and political subdivision of the State of Indiana and by virtue of IND. CODE §36- 7 -12 -22 is authorized and empowered to adopt this Resolution; and WHEREAS, South Bend Medical Foundation, Inc., ( "Medical Foundation "), an Indiana not- for- profit corporation with principal offices located in South Bend, Indiana, presently intends to finance: (i) the construction, expansion, renovation, improvement and equipping of the Medical Foundation's existing clinical laboratory, blood bank, administrative and other offices, mechanical systems, and other health care facilities, including site and infrastructure improvements, all located or to be located on the campus of the Medical Foundation in the City of South Bend at 530 North Lafayette Boulevard, and which comprise "economic development facilities" within the meaning of IND CODE §36 -7- 11.9 -3 through the issuance of economic development revenue bonds pursuant to the provisions ofIND. CODE §36 -7 -12 et.sea., as amended (the "ACT "), and (ii) the refunding of the St. Joseph County, Indiana Economic Development Revenue Bonds (South Bend Medical Foundation, Inc. Project), Series 1996, dated as of December 1, 1996 (the "Prior Bonds "); and REGULAR MEETING JULY 24, 2000 WHEREAS, there is a need to construct, expand, renovate, improve and equip the Foundation's health care facilities, and in connection therewith, to refund the Prior Bonds; and WHEREAS, due to the county -wide services provided by said health care facilities, the Common Council of the City of South Bend wishes to transfer jurisdiction over said facilities and the financing thereof pursuant to the Act to St. Joseph County. IND CODE § 36- 7- 12 -22(b) provides in relevant part that "...economic development facilities that are to be located within the corporate boundaries of a municipality may not be financed by a County without the consent of the fiscal body of the municipality..." NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT the Common Council consents, pursuant to the provisions of IND. CODE § 36- 7 -12 -22 (b), to the construction, expansion, renovation, improvement and equipping of said health care facilities and, in connection therewith, the refunding of the Prior Bonds, by St. Joseph County, Indiana and its Economic Development Commission, and jurisdiction with respect thereto is hereby transferred to St. Joseph County, Indiana. This Resolution shall be in full force and effect immediately upon its adoption by the Common Council and approval by the Mayor. Dated this 24"' day of July, 2000. s /Charlotte Pfeifer Member, South Bend Common Council Council Member Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Philip J. Faccenda, Jr., Barnes & Thornburg, 60015` Source Bank Center, 100 North Michigan, South Bend, Indiana, advised that he is the bond counsel on behalf of this Resolution and will be making the presentation. Mr. Faccenda indicated that this is a bond issuance/bond project in which the South Bend Medical Foundation, Inc. is requesting the Council to approve the transfer of jurisdiction. Currently there is a concurrent jurisdiction between the South Bend Economic Development Commission and that of St. Joseph County. In 1996 a similar bond issuance was done through St. Joseph County. This is a $18 million dollar bond issue of which a portion of the proceeds of the bonds will be used to refund the County's prior 1996 bond issue and for that purpose the petitioner requests to refund the bonds through the same issuing authority. Because the facility is located within the boundaries of the City of South Bend, the petitioner is required by law to request the Council's consent to transfer jurisdiction. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Kirsits indicated for the record that his wife is a part-time employee of the South Bend Medical Foundation but he will receive no gain from voting of this issue and there is no conflict of interest. Therefore, Councilmember Aranowski made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. REGULAR MEETING JULY 24, 2000 RESOLUTION NO. 2909-00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REGARDING THE DETERMINATION OF THE SOUTH BEND REDEVELOPMENT COMMISSION TO LEVY A SPECIAL TAX SUFFICIENT TO MAKE LEASE RENTAL PAYMENTS PURSUANT TO A LEASE BETWEEN THE SOUTH BEND REDEVELOPMENT COMMISSION AND THE SOUTH BEND REDEVELOPMENT AUTHORITY DATED AS OF NOVEMBER 4, 1993, AS SUBSEQUENTLY AMENDED WHEREAS, the South Bend Redevelopment Authority (the "Authority "), and the South Bend Redevelopment Commission (the "Commission ") previously entered into a lease dated as of November 1, 1993, which lease was amended by an Addendum to Lease on June 3, 1994, and further amended by a Second Addendum to Lease on July 1, 1994 (collectively, the "Lease "), for certain local public improvements, namely the College Football Hall ofFame and related improvements (the "Project "); and WHEREAS, on November 24,1993, the State Board of Tax Commissioners issued its order approving the Lease and the lease rental payments in an amount not to exceed $3,800,000 per year; and WHEREAS, the Common Council of the City of South Bend (the "Common Council "), at its meeting on November 29, 1993, approved the Lease, and found that the rental payments were fair and reasonable and that the use of the Project throughout the term of the lease would serve the public purpose of the City of South Bend (the "City ") and was in the best interests of its residents; and WHEREAS, the Commission, at its meeting on June 17, 1994, adopted a resolution (the "Pledge Resolution ") establishing certain funds and accounts for the payment of the rentals owed by the Commission to the Authority pursuant to the Lease; and WHEREAS, on July 1, 1994, the Authority issued its South Bend Redevelopment Authority Variable Rate Demand Lease Rental Revenue Bonds of 1994 (the "1994 Bonds ") to finance the Project; and WHEREAS, the Authority, at its meeting on July 17, 2000, adopted Resolution No. 141, indicating its intent to issue South Bend Redevelopment Authority Lease Rental Revenue Refunding Bonds of 2000 (the "Refunding Bonds ") to finance the refunding of the 1994 Bonds; and WHEREAS, at its July 21, 2000, meeting, the Commission adopted Resolution No. 1784, determining to maintain the funds and accounts established under the Pledge Resolution for the payment of lease rentals and further determining to levy a special tax on all taxable property within the City of South Bend Redevelopment District in an amount sufficient to pay the lease rental payments due to the Authority in connection with the Lease; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: 1. The Common Council acknowledges that it previously found that the lease rental payments payable under the Lease, as approved by the Commission, are fair and reasonable, and further found that the use of the Project throughout the term of the Lease will serve the public purpose of the City and is in the best interests of its residents. 2. The Common Council hereby acknowledges the determination of the Commission to levy a special tax on all taxable property within the City of South Bend Redevelopment District in an amount sufficient to pay lease rentals owed to the Authority in connection with the Lease, all pursuant to the Pledge Resolution. REGULAR MEETING JULY 24, 2000 3. The Common Council acknowledges that such special levy must be included within the budget of the City and further acknowledges that it will take such action as maybe necessary to include the same within the budget of the City. 4. This Resolution shall be in full force and effect from and after passage by the Common Council and approval by the Mayor. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA s /Charlotte Pfeifer Member of the Common Council Council Member Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a 3 -1 favorable recommendation. Councilmember Aranowski made a motion to accept the substitute version of this Resolution. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. Mayor Stephen Luecke, 1400 County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mayor Luecke stated that he is present tonight on the matter of the financing for the College Football Hall of Fame. Mayor Luecke noted that when the Hall was built the Redevelopment Authority issued bonds and entered into a Lease Payment Agreement with the Redevelopment Commission to fund those bonds. The Redevelopment Commission expected to pay for the bonds with sponsorships, tax incremental financing dollars or if necessary by issuing a tax levy to meet those required payments. He noted that sponsorship efforts have not succeeded in paying off the debt on the Hall and TIF dollars are insufficient to meet that obligation. At this time it is necessary to initiate a tax levy to pay for the debt on the Hall. Mayor Luecke reiterated that the City has an obligation to pay for the bonds that exist, whether or not the City refunds those bonds with a new series of bonds. Also, there is a question of refunding or refinancing. There is also a question of changing the agreement with the National Football Foundation. He noted that the Hall and initial exhibits were paid under a commitment by the City and therefore the City has an obligation to pay for that. The City does not have resources as proposed and approved in the initial funding of the bond. Therefore, the City is taking steps for the initiation of a tax levy. Mayor Luecke proposed that the City refund the initial bond on the building. The initial bonds had a floating or variable interest rate but the City does not begin paying on the principal until the year 2005. He noted that it is in the City's best interest to begin paying on the principal on those bonds as soon as possible so that the City can pay down the debt quicker and save dollars in the long run. He stated that he believes it will benefit the City at this time to fix an interest rate and payment so that the City is not subject to variations in part to increasing interest hikes in the future. These actions require issuance of new bonds. In the original Agreement with the NFF they had no obligation at all to pay all dollars towards the operations or construction of the hall. However, they have participated by contributing between three hundred thousand dollars ($300,000.00) to four hundred fifty thousand dollars ($450,000.00) per year to meet shortfalls in the funding. Mayor Luecke noted that he is proposing a new five (5) year Agreement with the NFF and this is the result of the City taking full responsibility for the n REGULAR MEETING JULY 24, 2000 financing of the Hall. The NFF will take full responsibility for the operation of the Hall. Certain revenues will continue to go to operations. Eventually the Professional Sports Development dollars will go into a sinking fund or an endowment fund for major repairs and improvements to the Hall. One week ago the Redevelopment Authority passed a Resolution indicating their intention to issue _ new bonds to pay off the initial bonds for the Hall. Just this past Friday, the Redevelopment Commission passed a Resolution indicating the need to levy taxes to pay for the obligation under the Lease Purchase Agreement with the Redevelopment Authority. Mayor Luecke stated that he is asking the Council at this time to pass a Resolution that acknowledges the action taken by the Redevelopment Committee and also agrees to take the action necessary to include this tax levy in the upcoming budget. Should this Resolution not be adopted, the City still has to pay the debt on the Hall. It has been paid out of the general fund and tax incremental financing dollars. If the Council passes this Resolution and includes the tax levy in the budget that action does not preclude the City from continuing to look for other sources of funding to pay for the financing of the Hall. It is projected that the new bonds will cost $1.5 million dollars a year in annual payments until the year 2017. The tax rate will increase approximately twenty five cents ($.25) per one thousand dollars ($1,000.00) of valuation. The impact on the average residential parcel is somewhere between fifteen dollars ($15.00) and twenty -four ($24.00) dollars. Mayor Luecke noted that if you are currently paying one thousand dollars ($1,000.00) a year in property taxes then those taxes will go up thirteen dollars ($13.00) next year. He further noted that if you are paying two thousand dollars ($2,000.00) then your taxes will go up twenty -six dollars ($26.00) and so on.. In conclusion, Mayor Luecke noted that it is important to move forward at this time as the City owns the Hall of Fame and has a responsibility to pay for it and this plan meets those obligations. A Public Hearing was held on the Resolution at this time. The following individual spoke in favor of this Resolution: Mr. Jeff Young, 1351 East South Street, South Bend, Indiana, spoke in favor of this Resolution. He stated that the City needs to look at the economic impact it makes on the community, for the hotels, Century Center and the downtown retailer. He further stated that the Hall is an anchor for the continued revitalization of the downtown. The following nine (9) individuals spoke in opposition to the Resolution: Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, submitted to the Council a three (3) page written statement which he read which states his objections to this Resolution and funding for the Hall of Fame. Ms. Joyce Boaler, 1606 Hillsdale Road, South Bend, Indiana, informed the Council that she said at the beginning that the Hall would fail and it has failed miserably. She noted that the building could be used for other purposes. Mr. Steve Davidovic,1004 Lincolnway West, South Bend, Indiana, owner of Stevie D's Barber and Beauty Concepts, informed the Council that he is a small business owner and if someone ran his business the way the Hall is being run he would be out of business. He noted that the Hall is an anchor around the necks of the citizens of South Bend and he believes other methods should be found to fund the Hall. Mr. Steve Bradley, 714 East Indiana, South Bend, Indiana, commended the Council for some of the things they have done this year but stated that he cannot commend the idea of forcing the people of South Bend to take hold of something they were promised they would never have to be shouldered with and that is the Hall of Fame. Mr. William Soderberg, 1515 East Wayne Street, South Bend, Indiana, indicated that people have the right to feel betrayed because promises were made that were not correct. He stated that the REGULAR MEETING JULY 24, 2000 option income tax which is to be used for economic development could be utilized for the Hall of Fame. Mr. Barry Baumbaugh, 12032 Timberline Trace, Granger, Indiana, informed the Council that he opposed the Hall at its inception and there are people in Granger who oppose the Hall. Promises were made by politicians and the taxpayers should not have to pay for this building. He asked that the Council not put this tax on property owners. Mr. Baumbaugh stated that he encourages citizens to fight and remonstrate against this levy. Ms. Patricia Smith, 817 O'Brien Street, South Bend, Indiana, noted several projects ofprior Mayors. She noted that five (5) years ago she was against the Hall of Fame and she feels the same today. She stated that she would like her tax dollars to be spent for the police and fire departments because they are in her neighborhood. Mr. John Voorde, 1930 Dorwood Drive, South Bend, Indiana, indicated that he believes it is unfortunate that the citizens have to pay for the Hall of Fame with property taxes. Those tax dollars should pay for public safety. Mr. Voorde wondered if all ways have been used to finance the Hall. He indicated that an entertainment tax for the county would be an option for funding. Ms. Diane Zmyslo, 25669 Brick Road, South Bend, Indiana, noted that she does have a business in the City and asked why the City would not ask these corporations that were to be sponsors, where their donations were because now the City wants to bleed the taxpayers. In rebuttal, Mayor Luecke stated that everyone agrees that the original projections were not correct. He noted that he has not made any commitment to Joseph Kernan as indicated by some individuals. Additionally, a petition remonstrance is not available for this type of tax levy and this levy was approved by the State Tax Board when the initial bonds were issued. What they are asking for now is to refinance existing bonds and levy a tax to make that payment. Mayor Luecke stated that he wanted to make it clear that the City has negotiated contracts with the Police and Fire Departments over the years which they have ratified. Police and Fire are paid out of the general fund and that is where the City has been taking funds for the Hall of Fame. By levying a tax to cover the Hall, more funds will be made available. Further, Mayor Luecke stated that all property owners in the City of South Bend would pay this tax. EDIT and COIT dollars are being utilized for many projects which the Mayor outlined and he noted that it is expected that those funds will continue to be used for new facilities for the Police and Fire Departments. The choice would be whether to use those funds for the Hall of Fame or for other projects. He further noted that when asked whether the City has tried all sources of alternative financing, the answer is that the City has not tried all but people have worked very hard to secure alternative financing. In many cases there are other competitors for funds. In regards to the use of food and beverage taxes, Mayor Luecke noted that these funds were talked about for such things as a convention and visitors center and other investments in the community. He noted that this tax levy will not preclude the City from looking for alternative sources of funding. Councilmember Kelly stated that the City simply has to pass this tax levy. It does have an impact on the economy in our community. The building is there and it must be paid for and therefore he , will support this Resolution. Councilmember Varner stated that he asked for information concerning the bonds and just received that information today. The agreement with the NFF that has been in the works has still not been consummated. Councilmember Varner stated that he believes it is premature to act on this matter tonight. He stated that he proposes that the Mayor sit down with the NFF and insist that they begin to pay their fair share. If they will not, then the City needs to find another use for the building. Councilmember Varner made a motion to continue this bill until at least the second Council meeting REGULAR MEETING JULY 24, 2000 in September in order that the City could investigate some other possibilities. The motion failed for lack of a second. - Councilmember Aranowski indicated that he would be in favor of investigating the option of a food and beverage tax or the hotel motel tax to help pay down these bonds. He noted that a three million dollar ($3,000,000.00) payment will be coming due in 2005 which will have to come out of general fund money. The general fund helps to pay for personnel and capital improvements in the neighborhoods. Restructuring the bonds will save money and general fund dollars. Councilmember Aranowski stated that he is open to any suggestions that would help pay off the bonds but he feels this is the route to go at this time and he is in favor of this action. Councilmember Ujdak stated that this issue has been a long battle. The City does own the building. He stated that he would feel more confident if other sources of funding could be procured. The bond needs to be paid down now. He noted that he believes that this action is the most prudent thing to do at this time and will support the bill. Councilmember Kirsits noted that the City is looking forward to firming up the agreement with the NFF because they need to accept this share of the operating costs of the Hall. The City is stuck with the building and has to pay for it. He noted that he does not like an increase in property taxes but it does save two million dollars ($2,000,000.00) in the long run. He further stated that the City needs to continue to explore the use of option income tax funds and perhaps incorporate some of Councilmember Varner's six (6) or seven (7) suggested different sources of revenue. At this time he believes this action is the right way to go. Councilmember Ujdak offered a friendly amendment to the Resolution as follows: New paragraph #4: 4. The Common Council in hopes of reducing the property tax rate in future years hereby urges the City of South Bend to seek additional sources of bond repayment by working with other area organizations and bodies such as the Hotel/Motel Tax Board, Indiana State legislature and the St. Joseph County Council to procure additional monies through the use of alternative user fees and taxes generated by tourism and convention business. 5. This Resolution shall be in full force and effect from and after passage by the Common Council and approval by the Mayor. Councilmember Ujdak made a motion to accept the amendment as presented. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly made a motion to adopt the Resolution as substituted and amended. Councilmember King seconded the motion which carried by vote of eight (8) ayes and one (1) nay by Councilmember Varner. RESOLUTION NO. 2910-00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN AGREEMENT RE- ESTABLISHING THE ST. JOSEPH COUNTY HOUSING CONSORTIUM AND AUTHORIZING THE EXECUTION THEREOF WHEREAS, on November 28,1990, the National Affordable Housing Act (NAHA) of 1990. also known as the Cranston - Gonzales Act, became law, to implement its stated goal that every American family be able to afford a decent home; and REGULAR MEETING JULY 24, 2000 WHEREAS, NAHA requires any governmental unit to formulate and submit appropriate plans in order to be eligible to receive funds from several existing federal programs, including Community Development Block Grants (CDBG), the HOME Investment Partnership Program (HOME), Emergency Shelter Grants (ESG), as well as to be eligible to receive funds from new housing assistance programs created by NAHA; and WHEREAS, NAHA provides for the designation of geographically contiguous units of general local government to participate as consortia in, and thereby be considered a single unit of general local government, for purposes of HOME; and WHEREAS, I.C. 36 -1 -7, the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise, jointly or by one entity on behalf of the others, powers that may be exercised by such units severally; and WHEREAS, pursuant to the Interlocal Cooperation Act, the Cities of South Bend and Mishawaka, and the County of St. Joseph, being contiguous units of general local government have formed the St. Joseph Housing Consortium, which, by agreement of the member entities, is to terminate on December 31, 2000; and WHEREAS, the Cities of South Bend, Mishawaka, and St. Joseph County are desirous of re- establishing the Consortium for the purposes of receiving an allocation and participating in the HOME, CDBG, ESG, and all other housing programs administered by HUD for which they may be eligible, and for the purpose of cooperating to undertake or to assist in the undertaking of housing assistance activities for HOME and other HUD programs, including using a January 1 start date for each program year; and WHEREAS, substantially similar resolutions will be approved by the St. Joseph County Council and the Mishawaka Common Council. NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA UNDER I.C. 36 -1 -7, THE INDIANA INTERLOCAL COOPERATION ACT, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section I. THAT the Common Council of the City of South Bend, Indiana, has considered and hereby approves the re- establishment of and participation in the St. Joseph County Housing Consortium for purposes of the formulation, update, submission and implementation of applicable plans and programs and the implementation of the HOME Investment Partnerships Program (HOME), Emergency Shelter Grants Programs (ESG) and other housing assistance programs funded by the Department of Housing and Urban Development (HUD) under the National Affordable Housing Act of 1990 (NAHA). Section II. THAT the Common Council of the City of South Bend, Indiana, hereby authorizes the Mayor to enter into an Agreement Re- Establishing the St. Joseph County Housing Consortium, in form and substance the same as or similar to that the Agreement attached hereto. Section III. THAT the Common Council of the City of South Bend, Indiana, hereby confirms its commitment to the goals and the reality of fair housing within the City of South Bend. Section IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member, Common Council Councilmember Aranowski announced that the Personnel and Finance Committee met on this Resolution this afternoon and sends it to the Council with no recommendation. REGULAR MEETING JULY 24, 2000 Ms. Elizabeth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this Resolution. Ms. Leonard noted that this Resolution will continue the St. Joseph County Housing Consortium _ which was established by Interlocal Agreement between the City of South Bend, City of Mishawaka and St. Joseph County beginning on January 1, 1992. It has been in existence since that date and they wish to extend it for program years 2001, 2002 and 2003. The Consortium was established to bring HOME dollars into the community and over eight million dollars ($8,000,000.00) has been brought into the community for use in low income housing projects in South Bend, Mishawaka and St. Joseph County and they would like to continue that work. In response to an inquiry by Council President Pfeifer, Ms. Leonard named some of the projects that were funded with HOME dollars. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember King made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING: BILL NO. 58-00 FIRST READING ON A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE A FEE SCHEDULE FOR ISSUANCE OF CERTIFICATES OF APPROPRIATENESS This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 59 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2001, 2002, 2003 AND 2004 This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Personnel and Finance Committee and the Health and Public Safety Committee and set it for Public Hearing and Third Reading on August 14, 2000. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 60 -00 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTHERNMOST 15' STRIP OF PROPERTY FROM THE NORTHWEST CORNER OF LOT A IN E & M GOERNER REPLAT THENCE EAST ALONG LOTS 47,41 & 35 OF SORIN'S 2ND ADDITION PART LOCATED IN E & M GOERNER REPLAT AND SORIN'S 2ND ADDITION, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public REGULAR MEETING JULY 24, 2000 Works and Property Vacation Committee and set it for Public Hearing and Third Reading on August 14, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 61 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 14, ARTICLE 2, SECTION 14 -8 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on August 14, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 62 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "BUILDING" This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on August 14, 2000. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION It is noted that the Council is in receipt of recommendations from the Area Plan Commission of St. Joseph County, for the following ordinances based on their Public Hearing held on July 18, 2000: BILL NO. 43-00 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT: 1533 IRELAND ROAD, IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 50 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1212 W. FORD ST. IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer these bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on August 14, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 51-00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ZONING" Councilmember Coleman made a motion to accept the substitute version of this bill. Councilmember Uj dak seconded the motion which carried by a voice vote of nine (9) ayes. It is noted that the substitute bill contains a new title as follows: REGULAR MEETING JULY 24, 2000 BILL NO. 51 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 10, SIGN REGULATIONS, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY REVISING AND ADDING TO THE LOCATION REQUIREMENTS OF OUTDOOR ADVERTISING SIGNS AND REVISING THE TIME FRAME FOR ISSUING SIGN PERMITS Councilmember Coleman made a motion to refer this bill, as substituted, to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on August 14, 2000. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. ANNOUNCEMENT OF SPECIAL MEETING - JULY 31, 2000 Council President Pfeifer announced once more that the Council will conduct a Special Meeting on Monday, July 31, 2000 at 7:00 p.m. in the Council Chambers to discuss the Living Wage matter. She noted that neither an ordinance nor a resolution will be filed but this will be an open discussion. In response to Councilmember Vamer's request to clarify what an open discussion will involve, President Pfeifer noted that individuals will have an opportunity to come to the podium with a proposed format for a minority report and majority report with comments being limited to five (5) minutes each. It was noted that this will be a hearing without action. Council Attorney Kathleen Cekanski - Farrand noted that it will be informational and Councilmember Coleman stated that the Council will accept the report from the Committee which the Mayor set up. PRIVILEGE OF THE FLOOR Mr. James Burkus, 21655 Kern Road, South Bend, Indiana, informed the Council that he represents PAC for Firefighters Local #362. He noted that the issue of PAC financing a public awareness campaign in the neighborhoods for the firefighters has been brought to his attention. Mr. Burkus stated that he wanted the Council to know that PAC is not involved in financing this campaign. He further noted that their funds are used to support candidates that they feel respect their concerns. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 9:20 p.m. ATTEST: Loren . Dud , ity Clerk ATTEST: Charlotte Pfeifer, Presid