Loading...
HomeMy WebLinkAbout03-08-99 Council Meeting MinutesREGULAR MEETING MARCH 8, 1999 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, March 8, 1999, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Kelly, King, Varner, Ujdak, Coleman, Hosinski and Sniadecki Absent: None 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 February 22, 1999, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman /s/ David Varner Council Member Hosinski made a motion that the minutes of the February 22, 1999, meeting be accepted and placed on file, seconded by Council Member Sniadecki. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2708-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE MONTH OF MARCH AS DISABILITY AWARENESS MONTH IN SOUTH BEND, INDIANA Whereas, the South Bend Common Council notes that the Americans With Disabilities Act became law on July 26, 1990 and was designated to "provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; Whereas, more than 48 million Americans with disabilities have encountered various forms of discrimination resulting in billions of dollars being spent on unnecessary various forms of discrimination resulting in billions of dollars being spent on unnecessary expenses resulting from dependency and nonproductivity; and Whereas, the Common Council commits itself to the underlying purposes of the Americans With Disabilities Act which are to combat the continuing existence of unfair and unnecessary discrimination which denies people with disabilities the opportunities to compete on an equal basis; and to eradicate the prejudice, stereotypes or unfounded fear which so many persons have with regard to individuals with disabilities; and Whereas, the Common Council further believes that by annually declaring the month of March as "Disability Awareness Month ", that this heightened awareness will help overcome the fears and misconceptions about disabilities and inform individuals of the positive measure that should and could be taken in areas of employment, public services and transportation, public accommodation and telecommunications under the Americans With Disabilities Act. Now, Therefore, Be it Ordained by the Common Council of the City of South Bend, Indiana, as follows: 1 REGULAR MEETING MARCH 8, 1999 Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly declares the month of March 1999 as "DISABILITY AWARENESS MONTH' in South Bend, Indiana. Section II. The Common Council commends the many public and private organizations and agencies who commit themselves and their limited financial resources to the goals of the Americans With Disabilities Act. Section III. The Common Council urges all residents of our community to become involved in out -reach programs which assist individuals with disabilities so that such persons will have the opportunities to participate in the many life activities, which those of us without disability, take for granted. 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 /Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Pfeifer made the presentation for the resolution. She read the resolution and presented copies to Martha Hathaway and Mark Dosch from IUSB. They both thanked the City and the Council for the resolution. Martha Hathaway announced that March 27, from 9 a.m. to 5 p.m., would be Disability Awareness Day at IUSB. Jacob Long, 1213 Popular, spoke in favor of this resolution. He indicated he was recovering from a stroke, so he too has been disabled. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Sniadecki. The motion carried. Council Member Hosinski made a motion to resolve into the Committee of the Whole, seconded by Council Member Varner. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole at 7:12 p.m. with nine members present. Chairman Pfeifer presiding. BILL NO. 13 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF SOUTH CHAPIN STREET FROM THE NORTH RIGHT -OF- WAY OF NAPIER STREET TO THE SOUTH RIGHT -OF -WAY OF WEST WAYNE STREET FOR A DISTANCE OF APPROXIMATELY 154 FEET AND A WIDTH OF 10 FEET. ALL TAKEN FROM THE EAST SIDE OF LOTS 11, 12, AND 13 OF HUSTON'S SUB. OF BANK OUTLOT 72, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and, due to lack of a quorum, sends it to the Council with no recommendation. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommend it to the Council favorable. Dea Andrews, administration manager, South Bend Heritage Foundation, made the presentation for the bill. She indicated this was phase II of the Chapin Market Development. 2 1 1 1 REGULAR MEETING MARCH 8, 1999 She reported that phase I was a grocery store and the Chapin Street Clinic, and this phase will be a laundromat and a pharmaceutical supply store. She advised that this alley has not been used for a long time and we need to vacate it in order to continue on with this project. Council Member Aranowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Varner. The motion carried. BILL NO. 2-98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 6.3 ACRE SITE NORTH OF LOT 20 IN THE US 31 INDUSTRIAL PARK, IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Pfeifer reported that the Zoning and Vacation Committee had met on this bill and recommend it to the Council favorable. Jim Voll, Area Plan, reported that the petitioners were requesting a change of zoning to "D" light industrial for a truck terminal. He described the surrounding area. He advised that the Area Plan Commission sends this bill to the Council with a favorable recommendation. Owen Rock, Economic Development, made the presentation for the bill. He indicated they planned to build a truck terminal and offices. He reported that Eagle Freight has been growing for several years and have outgrown their present location. He advised they presently have thirty-six employees and hope to employ fifty within the next few months. Council Member Varner made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 4-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 7, REZONING PROCEDURES, OF THE SOUTH BEND MUNICIPAL CODE BY CLARIFYING FINAL SITE PLAN REJECTION REQUIREMENTS This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Pfeifer reported that the Zoning and Vacation Committee had met on this bill and recommend it to the Council favorable. Jim Voll, Area Plan, made the presentation for the bill. He advised this was an Area Plan initiated petition. He reported that the Area Plan Commission recommends this to the Council favorable. He indicated this bill will close some loopholes and errors that are in the Municipal Code. He reported that this bill would clarify final site plan rejection requirements by changing the review process so that the 45 day review period begins only when a final site plan that meets the requirements for approval has been submitted. He indicated it also sets a thirty day time limit for approval of a final site plan after the zoning expires. Council Member Varner made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 104 -98 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR INTERIM PROTECTION OF PROPOSED LOCAL HISTORIC LANDMARKS PRIOR TO FINAL LANDMARK DESIGNATION AND TO CREATE SUBPARAGRAPH DESIGNATIONS IN SECTION 21- 117.2(d) OF ARTICLE 6.5 OF CHAPTER 21 Council Member Kelly made a motion to continue this bill until March 22, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. REGULAR MEETING MARCH 8, 1999 BILL NO. 14 -99 A BILL AMENDING ORDINANCE NOS. 8808 -97 AND 8889 -98 ADDRESSING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 1999, 2000, AND 2001 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Aranowski reported that the Personnel and Finance and the Health and Public Safety committees had met on this bill and recommend it to the Council favorable. Thomas Fautz, Investigate Division, made the presentation for the bill. He advised that this bill addresses pay inequalities between the different ranks. He advised presently sergeants who are level three receive higher compensation than corporals that are level three. He indicated they were requesting this be changed so every one who is level three will receive the same compensation. Council Member Aranowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 15 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $24,850.00 FROM THE HAZ -MAT This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Ujdak reported that the Personnel and Finance and the Health and Public Safety committees had met on this bill and recommend it to the Council favorable. Jim Lopez, South Bend Fire Department, made the presentation for the bill. He advised they were requesting this appropriation will be used to purchase equipment and supplies necessary for the Haz -Mat unit. Council Member Varner made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. BILL NO. 16 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $21,570.00 FROM THE INDIANA RIVER RESCUE FUND (FUND #291) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Aranowski reported that the Personnel and Finance and the Health and Public Safety committee had met on this bill and recommend it to the Council favorable. Jim Lopez, South Bend Fire Department made the presentation for the bill. He advised this appropriation would be used to purchase equipment and supplies for river rescues. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. Council Member Kelly made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED 51 ATTEST: Chairman 1 1 REGULAR MEETING MARCH 8, 1999 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 7:15 p.m. Council President Coleman presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8985 -99 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1 ST NORTH/WEST ALLEY NORTHEAST OF LINCOLNWAY EAST FROM THE NORTHEAST RIGHT -OF -WAY OF BRONSON STREET TO THE SOUTH/EAST RIGHT - OF -WAY OF THE 1 ST NORTHEAST ALLEY NORTH/WEST OF BRONSON STREET FOR A DISTANCE OF APPROXIMATELY 116.2 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALL LOCATED IN FRANTZ'S ADD., CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Varner made a motion to pass this bill, seconded by Council Member Sniadecki. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8986 -99 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF SOUTH CHAPIN STREET FROM THE NORTH RIGHT -OF -WAY OF NAPIER STREET TO THE SOUTH RIGHT -OF -WAY OF WEST WAYNE STREET FOR A DISTANCE OF APPROXIMATELY 154 FEET AND A WIDTH OF 10 FEET. ALL TAKEN FROM THE EAST SIDE OF LOTS 11, 12, AND 13 OF HUSTON'S SUB. OF BANK OUTLOT 72, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Aranowski made a motion to pas this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8987 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 6.3 ACRE SITE NORTH OF LOT 20 IN THE US 31 INDUSTRIAL PARK, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Pfeifer made a motion to pas this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8988 -99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 7, REZONING PROCEDURES, OF THE SOUTH BEND MUNICIPAL CODE BY CLARIFYING FINAL SITE PLAN REJECTION REQUIREMENTS This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Varner. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8989 -99 AN ORDINANCE AMENDING ORDINANCE NOS. 8808 -97 AND 8889 -98 ADDRESSING THE ANNUAL 5 REGULAR MEETING MARCH 8, 1999 PAY AND MONETARY FRINGE BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 1999, 2000, AND 2001 This bill had third reading. Council Member Aranowski made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8990 -99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $24,850.00 FROM THE HAZ -MAT This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8991 -99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $21,570.00 FROM THE INDIANA RIVER RESCUE FUND (FUND #291) This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Varner. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2709-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 1400 RIVERSIDE DRIVE, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO., INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 1400 Riverside Dr., South Bend, Indiana, and which is more particularly described as follows: Beginning at the southeast corner of the southwest 1/4 of said Section 35, thence south 89 49'52" west (bearing assumed) along the South line of said section, 308.97 feet, thence north 89 55'00" west, 116.24 feet; thence north 00 00'27" west, 12.00 feet to the north line of a 12 foot alley; thence north 89 55'00" west along said north line of alley, 236.61 feet to a point 120.00 feet south 89 55' 00" east of the east line of Kessler Boulevard, 128.00 feet to a point on the south line of King street, 180.00 feet south 89 55' 18" east of the northeast corner of Lot 10 as shown on the second plat of northwest addition to the city of South Bend recorded April 6, 1906 in Plat Book 0, pages 30 and 31; thence south 89 55' 18" east along the south line of King Street, 352.84 feet; thence North 00 00'27" West, 194.85 feet to a point on the centerline of the east and west 14 foot alley between King Street and McCarney Street produced east; thence north 00 06' 09" east, 128.81 feet; thence north 89 46'49" east 287.05 feet to the westerly line of Riverside Drive; thence south 16 37'15" west along a chord subtending said westerly line of Riverside Drive, 455.43 feet to the south line of said section 35; thence north 90 00'00" west along said south line, 156.71 feet to the point of the beginning. 1 i 1 REGULAR MEETING MARCH 8, 1999 Commencing at the southeast corner of the southwest 1/4 of said Section 35, thence north 00 00' 30" west (bearing assumed) along the east line of said southwest 1/4 a distance of 463.14 feet to the point of beginning for the following described tract; thence continuing north 00 00' 30" west along said east line 336.00 feet to the south line of Queen Street; thence south 89 56'09" west along said south line of Queen Street 176.60 feet; thence north 00 02'36" east 195.00 feet to the centerline of the east and west 14 foot alley between Kinyon Street and Queen Street; thence south 89 56' 09 "west along said centerline of alley, 131.27 feet; thence South 00 06'09" west along the east line of Lot 145 in the Third Plot of Northwest addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. Joseph County Recorder and its northerly and southerly extensions, 195.00 feet to the south line of Queen Street; thence south 89 56'09" west along said south line of Queen Street, 12.93 feet to the east line of Allen Street; thence south 00 05' 56" west along said east line of Allen Street, 329.87 feet to the south line of McCartney Street; thence south 89 58'27" east along said south line of McCartney Street, 12.91 feet; thence south 00 06'09" west 6.11 feet; thence south 00 06'09" west 6.11 feet; thence north 89 56'09" east 308.71 feet to the point of beginning. and this property has Key Numbers 18 2110 4065 and 18 2110 4067, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1,1- 12.1 -1 et sect., and South Bend Municipal Code Section 2 -76 et sea.; and WHEREAS, the Department of 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 -1, et sect., and South Bend Municipal Code Sections 2 -76 et se . 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 Human Resources 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 pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax 7 REGULAR MEETING MARCH 8, 1999 Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Gerald Lerman, 1121 E. Woodside, made the presentation for the resolution. He reported they are requesting this abatement in order to expand their facility on Riverside. He advised that this could cost between one and two million dollars. He informed the Council that the project would involve hiring at least seven full -time employees Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2710-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE FINDING OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION WITH RESPECT TO THE ISSUANCE OF NEW MONEY REVENUE BONDS IN THE AMOUNT NOT TO EXCEED TWENTY MILLION AND 00 /100 DOLLARS ($20,000,000.00) FOR THE FINANCING OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES TO BE UNDERTAKEN BY SOUTHFIELD VILLAGE, INC., AND AUTHORIZING AND COMMITTING THE CITY OF SOUTH BEND, INDIANA, TO PROCEED WITH SUCH PROJECT, SUBJECT TO FINAL ACTION BY THIS COMMON COUNCIL WITH RESPECT TO THE TERMS AND CONDITIONS OF SUCH FINANCING Whereas, the City of South Bend, Indiana (the "City ") is authorized by 136-7-11.9 and 12 (the "Act ") to issue revenue bonds for the financing of economic development facilities, the funds from said financing to be used for the acquisition, construction, installation and equipping 8 REGULAR MEETING of said facilities; and MARCH 8, 1999 Whereas, Southfield Village, Inc. ( "Southfield "), has advised the City that there is under consideration a proposal of Southfield for the acquisition, construction, installation and equipping of a senior living facility consisting of a sixty (60) bed skilled nursing facility and sixty four (64) assisted living units located near the intersection of Miami and Kern Roads in the City (the "Project "); and Whereas, the total cost of the Project is presently estimated to be approximately Twenty Million and 00 /100 Dollars ($20,000,000.00), plus incidental costs of issuance of economic development revenue bonds; and Whereas, Southfield has proposed that the City issue revenue bonds under the Act to finance the acquisition, construction, installation and equipping of the Project (the "Bonds ") under a financing agreement whereby the proceeds of such Bonds would be utilized to acquire, construct, install and equip the Project and Southfield has further advised the City that a determination by the City to accept such a proposal for financing the Project will constitute a substantial inducement to Southfield to proceed with the Project; and Whereas, the South Bend Economic Development Commission (the "Commission ") has given its approval to the Project and the financing of the Project; and Whereas, it is tentatively found that the acquisition, construction, installation and equipping of the Project will not have an adverse competitive effort on any similar facility already constructed or operating near or in the City; and Whereas, it is estimated that the Project will result in the creation of approximately seventy -two (72) full -time equivalent permanent jobs with an estimated total annual payroll of $1,700,000 and provide continued future opportunities for employment; and Whereas, subject to required approvals, it would appear that the Project and the financing of the Project would be of public benefit to the health, safety and general welfare of the City and its citizens; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AS FOLLOWS: 1. The Common Council of the City (the "Common Council ") hereby finds, determines, ratifies and confirms that the promotion of diversification of economic development and job opportunities in and near the City is desirable to preserve the health, safety and general welfare of the citizens of the City; and that it is in the public interest that the commission and the City take such action as they lawfully may to encourage economic development diversification of industry and promotion of job opportunities in and near the City. 2. The Common Council hereby approves determines ratifies and confirms that the issuance and sale of the bonds of the City under the Act in an amount not to exceed Twenty Million and 00 /100 Dollars($20,000,000.00), plus incidental costs in connection with the issuance of the Bonds, for the lending of the proceeds of the Bonds to Southfield for the acquisition, construction, installation and equipping of the Project will serve the public purposes referred to above, in accordance with the Act. 3. In order to induce Southfield to proceed with the acquisition, construction, installation and equipping of the Project, the Common council hereby approves, determines, ratifies and confirms that: 9 REGULAR MEETING MARCH 8, 1999 (I) it will take or cause to be taken such actions pursuant to the Act as may be required to implement the aforesaid financing, or as it may deem appropriate in pursuance thereof; provided that all of the foregoing shall be mutually acceptable to the City and Southfield; (ii) it will adopt such ordinances and resolutions and authorize the execution and delivery of such instruments and the taking of such action as may be necessary and advisable for the authorization, issuance and sale of the bonds; and that the aforementioned purposes comply with the provisions of IC 36 -7 -11.9 and 12; and (iii) it will use its best efforts at the request of Southfield to authorize the issuance of additional bonds for completion of the Project and for additions to the Project, including the costs of issuance (provided that the financing of such addition or additions to the Project is found to have a public purpose, as defined in IC 36 -7- 12-1 at the time of authorization of such additional bonds), and that the aforementioned purposes comply with the provisions of IC 36 -7 -11.9 and 12. 4. All the costs of the project incurred after the date beginning sixty (60) days prior to the adoption of this inducement resolution, including reimbursement or repayment to Southfield of monies expended by Southfield for planning, engineering, interest paid during construction, underwriting expenses, attorney and bond counsel fees, and acquisition, construction, installation and equipping of the Project, will be permitted to be included as part of the Bond issue to finance the Project, and the City will end the proceeds from the sale of the Bonds to Southfield for the same purposes. Also, certain indirect expenses, including but not limited to, planning, architectural work and engineering incurred prior to this inducement resolution will be, as permitted by law, included as part of the bond issue to finance the Project. 5. The liability and obligation of the Common Council of the City shall be limited solely to good faith efforts to consummate the proceedings leading to the issuance of the bonds to finance the acquisition, construction, installation and equipping of the Project and the Bonds, if issued, shall never constitute a general obligation of, or indebtedness of, or a charge against the general credit of the City and shall not be payable to any extent from revenue raised by taxation. Neither the Common Council or the City or their officers or agents, shall incur any liability, if for any reason the proposed issuance of the Bonds is not consummated. 6. This Resolution shall be in full force and effect from and after its adoption and approval by the Mayor. /s/ Sean Coleman Member, South Bend Common council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Ken Fedder, attorney for the Economic Development Commission, made the presentation for the resolution. He advised this is phase one of a project at Southfield Village at the corner of Kern and Miami Roads. He reported that this facility will have a sixty bed nursing facility and 64 assisted living units. He advised they will hire seventy -two full -time employees. He indicated these are not general obligation bonds of the City. Council Member Aranowski made a motion to adopt this resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of nine ayes. BILL NO. 99 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING REISSUANCE OF NOT TO EXCEED $12,920,485.00 10 REGULAR MEETING MARCH 8, 1999 MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (THE POINTE AT ST. JOSEPH PROJECT), REISSUANCE OF 1999, SERIES A, B AND C, AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS RELATIVE TO THE PROJECT Council Member Aranowski made a motion to continue public hearing on the resolution, at the request of the petitioner, until March 22, seconded by Council Member Pfeifer. The motion carried. RESOLUTION NO. 2711-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, ENVIRONMENTAL PROTECTION AGENCY AN APPLICATION FOR A BROWNFIELDS ASSESSMENT DEMONSTRATION PILOT GRANT Whereas, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the appropriate applicant for a Brownfields Assessment Demonstration Pilot Grant; and Whereas, the City of South Bend has been invited by the United States Environmental Protection Agency to submit such an application. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of south Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a grant application to the United States Environmental Protection Agency for a Brownfields Assessment Demonstration Pilot Grant. SECTION H. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Brownfields Assessment Demonstration Pilot grant application to be submitted by the Mayor to the United States Environmental Protection Agency. SECTION III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the United States Environmental Protection Agency upon approval of this application. SECTION IV. That the Mayor shall be authorized to accept and affirm the grant should be awarded. SECTION V. That the City of South Bend, Department of Community and Economic Development, Division of Redevelopment be designated as the agency and office administering on behalf of the City of South Bend any grant awarded under this application. SECTION VI. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Alex Koenig, Economic Development specialist, made the presentation for the resolution. He advised that the Environmental 11 REGULAR MEETING MARCH 8, 1999 Protection Agency (EPA) is awarding grants of up to $200,000 for the identification and assessment of brownfields, which are abandoned commercial and industrial properties which are difficult to redevelop due to contamination. He reported that application requests $200,000 to identify and assess potential brownfields along Lincoln Way West, South Gateway (south Main and Michigan Streets) and Western Avenue commercial corridors. He indicated that the EPA will advise communities in May whether they have been chosen to receive a grant. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 17 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1158 LWE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Pfeifer made a motion to refer this bill to Area Plan, seconded by Council Member Varner. The motion carried. BILL NO. 18 -99 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 CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; FISKARS PROPERTIES, INC., 23870 BRICK ROAD, SOUTH BEND, INDIANA Council Member Hosinski made a motion to strike this bill, at the request of the petitioner, seconded by Council Member Sniadecki. The motion carried. BILL NO. 19 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF N. SPRUCE STREET FROM THE SOUTH RIGHT -OF -WAY OF W. COLFAX AVENUE TO THE NORTH RIGHT -OF -WAY OF THE FIRST EAST/WEST ALLEY SOUTH OF W. COLFAX AVENUE FOR A DISTANCE OF APPROXIMATELY 198 FEET IN LENGTH AND A WIDTH OF 14 FEET. PART LOCATED IN COMMISSIONER'S SUB OF BANK OUTLOT 79, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee, and set it for public hearing and third reading on March 22, seconded by Council Member Sniadecki. The motion carried. BILL NO. 20-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $750,000.00 FROM THE SOLID WASTE OPERATIONS FUND (FUND NO. 610) This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Utilities Committee, and set it for public hearing and third reading on March 22, seconded by 12 1 r� El REGULAR MEETING MARCH 8, 1999 Council Member Sniadecki. The motion carried. BILL NO. 21-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A LEASE FOR CERTAIN PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION AND AUTHORIZING THE USE OF EDIT REVENUES BY THE COMMISSION FOR PAYMENT OF THE RENTALS THEREOF This bill had first reading. Council Member Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on March 22, seconded by Council Member Varner. The motion carried. BILL NO. 22-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF ITS 'ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1999 (SOUTHFIELD VILLAGE, INC. PROJECT), IN ONE OR MORE SERIES AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED TWENTY MILLION DOLLARS ($20,000,000) AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This bill had first reading. Council Member Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on March 22, seconded by Council Member King. The motion carried. UNFINISHED BUSINESS Council President Coleman announced the appointment of Carrie Gallager to the Historic Preservation Commission. PRIVILEGE OF THE FLOOR Ron Milliken, 25301 Adams Road, spoke regarding the water tower on Adams Road. He indicated he wanted the Council to vote on this change or at least review the sites. He also indicated that actions of public servants should be by and for the people. He asked that the following letter be an addendum: March 1, 1999 City Council Members City of South Bend Dear City Council Members: A week has past and I have not had any response from the City Council or its members to my concerns expressed both in writing and before the council in a public meeting. I consider this a continuation of the arrogance of power I met at the city Water Works. There has been no serious attempt to investigate the alternative sites I proposed, or any other sites for that matter. The Water Works position is to go ahead full force regardless of consequences to the environmental, taxpayers, and the customers they are to serve. There is no understanding of the concept of 13 REGULAR MEETING MARCH 8, 1999 "Public Service," accountability, or personal or public responsibility. In an effort to prove that citizenship is not a lost element of our society, I promise you I will give as much effort as possible to help the Water Works select the best site location for not only we citizens, but all living inhabitants of the land. Likewise, I will assist the council with specific questions to answer in order to bring about the required level of planning which the public deserves but which has been absent to date. Attached are my question, which have gone unanswered since the first of the year. I have presented them in a form that leaves no doubt as to what exactly must be done for the Water Works to achieve actual community planning. I expect complete and detailed answers to each question. As one of the persons who not only is eminently impacted by the proposed abuse to the land around me but as one who will be expected to pay the costs of this act, I have a right to this information as does all other citizens of the City, County, and State. It is regrettable that a proper review and positive planning needs to be demanded but as I stated before another repeat of the College Football Hall of Fame scenario needs not occur if cooler heads will prevail. Again, I plead to the Council to not "rush to judgment" without full exploration of the possibilities and a thorough environmental impact report of the proposed new Adams Road site. This tower is to serve customers who do not yet exist; so there IS time to 'do the right thing'. As stated, I cannot imagine the city council ruling to destroy four acres of pristine woodland that already houses creatures the DNR is trying to preserve. Thank you for your honest consideration. Sincerely, /s/ Ron Milliken cc: Water works Manager, John Stancati County Commissioner, Mike Hamann Senator Dick Lugar ADJOURNMENT There being no further business to come before the Council unfinished or new, Council Member Coleman adjourned the meeting at 8:02 p.m. ATTEST: ATTEST: City Clerk 14 President F'111