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HomeMy WebLinkAbout05-28-85 Council Meeting MinutesREGULAR MEETING MAY 28, 1985 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Tuesday, May 28, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Serge, Braboy, Puzzello, Taylor, Zakrzewski, Crone, Paszek, Voorde and Beck Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the May 13, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. Beverlie J. Beck Ann Puzzello Thomas Zakrzewski Council Member Serge made a motion that the minutes of the May 13, meeting of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. REPORTS Council Member Puzzello indicated that the Personnel and Finance Committee met on Bill No. 51 -85 and recommended it favorable. Council Member Braboy indicated that the Human Resources Committee had met on Bill No. 41 and 42 -85 and recommended them favorable. Council Member Serge indicated that the Parks Committee had met on Bill No. 49 and 50 -85, and recommended them favorable. Council Member Serge made a motion to resolve into the Committee of the Whole, seconded by Council Member Taylor. 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 on May 28, at 7:12 p.m., with nine members present. BILL NO. 32 -85 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BOND, SERIES 1985 (3300 SAMPLE STREET ASSOCIATES PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF TWO MILLION DOLLARS ($2,000,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated this bill should be amended by substitution of a new bill. Council Member Taylor made a motion to accept the amended bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Mr. Fedder indicated this proposed issued would be used for the acquisition and rehabilitation of the former South Bend Toy. He indicated that during the initial stage of renovation 10 -15 new jobs will be created. Council Member Beck made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 46 -85 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1985 (THOMAS W. MITTLER D /B /A T.A.N.K.S, PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF ONE MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($1,250,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated this bond issue would be used for acquisition of machinery and specialty gas cylinders. He indicated 4 -5 new jobs would be created. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 47 -85 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1985 ( MITTLER SUPPLY, INC. PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. REGULAR MEETING MAY 13, 1985 This bill had first reading. Council Member Crone made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 46 -85 FIRST READING ON A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1985 (THOMAS W. MITTLER D /B /A T.A.N.K.S, PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF ONE MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($1,250,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had first reading. Council Member Zakrzewski made a motion to set this bill for second reading and public hearing May 28, 1985, seconded by Council Member Braboy. The motion carried. BILL NO. 47 -85 FIRST READING ON A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1985 (MITTLER SUPPLY, INC. PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had first reading. Council Member Zakrzewski made a motion to set this bill for second reading and public hearing May 28, seconded by Council Member Taylor. The motion carried. BILL NO. 48 -85 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3308 E. JEFFERSON BLVD., IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Braboy. The motion carried. BILL NO. 49 -85 FIRST READING ON A BILL DECREASING THE 1985 BUDGET OF THE CITY OF SOUTH BEND IN VARIOUS ACCOUNTS WITHIN VARIOUS DEPARTMENTS OF THE GENERAL FUND AND PARK FUND. This bill had first reading. Council Member Serge made a motion to set this bill for second reading and public hearing May 28 and refer it to the Personnel and Finance and Parks committees, seconded by Council Member Puzzello. The motion carried. BILL NO. 50 -85 FIRST READING ON A BILL ESTABLISHING A NONREVERTING "EAST BANK TRAIL FUND ". This bill had first reading. Council Member Crone made a motion to set this bill for second reading and public hearing May 28 and refer it to the Personnel and Finance and Parks committees, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 51 -85 FIRST READING ON A BILL APPROPRIATING $45,000.00 FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA TO PROVIDE FUNDING FOR A FACILITY FOR DISPLAYING THE STUDEBAKER COLLECTION. This bill had first reading. Council Member Puzzello made a motion to set this bill for second reading and public hearing May 28 and refer it to the Personnel and Finance Committee, seconded by Council Member Braboy. The motion carried. PRIVILEGE OF THE FLOOR Gene Minnick, 1922 Kemble, spoke regarding the Armed Forces Reserve center renting out their building. He indicated it is causing noise late at night. Ralph Johnson, 734 N. Cushing, indicated there was going to be a rally May 23, against pornography. There being no further business to come before the Council, unfinished or new, Council Member Voorde made a motion to adjourn, seconded by Council Member Crone. The motion carried and the meeting was adjourned at 9:28 p.m. ATTEST: City Clerk APPROVED: esa.dent REGULAR MEETING MAY 28, 1985 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated this issue was a cost overrun on the original project. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Puzzello. The motion carried. BILL NO. 43 -85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE TOPSFIELD CONDOMINIUM PROJECT IN THE CITY OF SOUTH BEND, INDIANA. Council Member Beck made a motion to strike this bill, seconded by Council Member Puzzello. The motion carried. BILL NO. 41 -85 A BILL APPROPRIATING $30,000.00 FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA TO PROVIDE TECHNICAL ASSISTANCE IN CONNECTION WITH CERTAIN ECONOMIC DEVELOPMENT ACTIVITIES IN THE INNER -CORE AREA OF 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. Jon Hunt, Director of Redevelopment, made the presentation for the bill. He indicated the bill should be amended in the title after Inner -core add "and other areas ". Council Member Taylor made a motion to amend, seconded by Council Member Puzzello. The motion carried. He indicated this appropriation from the General Fund was the City's contribution to Project Future for 1985. He indicated the in addition to the City's efforts in the area of economic development, Project Future has supplied technical assistance and pursued further economic development efforts of its own. Council Member Crone made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Puzzello. The motion carried. BILL NO. 42 -85 A BILL APPROPRIATING $125,000.00 FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA TO PROVIDE ASSISTANCE IN CONNECTION WITH CERTAIN ECONOMIC DEVELOPMENT ACTIVITIES IN THE INNER -CORE AREA OF 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. Jon Hunt, Director of Redevelopment, made the presentation for the bill. He indicated the City is in the process of upgrading its efforts in the area of economic development for our community. He indicated this includes heightened efforts in attracting businesses, different initiatives in development redevelopment areas, and increased efforts towards the revitalization of those areas. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Puzzello. The motion carried. BILL NO. 49 -85 A BILL DECREASING THE 1985 BUDGET OF THE CITY OF SOUTH BEND IN VARIOUS ACCOUNTS WITHIN VARIOUS DEPARTMENTS OF THE GENERAL FUND AND PARK FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Michael Vance, City Controller, made the presentation for the bill. He indicated this bill was a result of earlier reductions in budget appropriations for 1985, reduces appropriations in the General Fund by $806,725 and in the Park Department by $187,275. He indicated that at a later date they will be appropriating $350,000 to purchase the new Police Department fleet and approximately $200,000 to purchase some of the necessary equipment for the upgraded alley program. Council Member Voorde made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 50 -85 A BILL ESTABLISHING A NONREVERTING "EAST BANK TRAIL FUND ". This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. James Seitz, Superintendent of Parks, made the presentation for the bill. He indicated that organizers of the Sunburst Marathon have proposed to contribute $ .99 of any entry fee to the marathon which will be deposited in this fund. He indicated other organizations might contribute to this fund. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 51 -85 A BILL APPROPRIATING $45,000.00 FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA TO PROVIDE FUNDING FOR A FACILITY FOR DISPLAYING THE STUDEBAKER COLLECTION. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Michael Vance, Controller, made the presentation for the bill. He indicated this bill would appropriate monies from the General Fund for the payment of the land contract obligations in relation to the Freeman - Spicer property for storage and display of the Studebaker Collection and other artifacts belonging to Studebaker Museum. Council Member Beck made a motion to recommend this bill to the Council favorable, seconded by Council Member Puzzello. The motion carried. REGULAR MEETING MAY 28, 1985 There being no further business to come before the Committee of the Whole, Council Member Beck made a motion to rise and report to the Council, seconded by Council Member Taylor. The motion carried. ATTEST: ATTEST: City Clerk REGULAR MEETING RECONVENED Chairman 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 7:58 p.m. Council President Beck presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 7461 -85 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BOND, SERIES 1985 (3300 SAMPLE STREET ASSOCIATES, AN INDIANA PARTNERSHIP PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF TWO MILLION DOLLARS ($2,000,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended, in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7462 -85 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1985 (THOMAS W. MITTLER D /B /A T.A.N.K.S, PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF ONE MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($1,250,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7463 -85 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA (THE "CITY "), TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1985 ( MITTLER SUPPLY, INC. PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT OF FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) AND APPROVING AND AUTHORIZING CERTAIN ACTIONS WITH RESPECT THERETO. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7464 -85 AN ORDINANCE APPROPRIATING $30,000.00 FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA TO PROVIDE TECHNICAL ASSISTANCE IN CONNECTION WITH CERTAIN ECONOMIC DEVELOPMENT ACTIVITIES IN THE INNER -CORE AND OTHER AREAS OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended, in the Committee of the Whole, seconded by Council Member Puzzello. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Crone. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7465 -85 AN ORDINANCE APPROPRIATING $125,000.00 FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA TO PROVIDE ASSISTANCE IN CONNECTION WITH CERTAIN ECONOMIC DEVELOPMENT ACTIVITIES IN THE INNER -CORE AREA OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7466 -85 AN ORDINANCE DECREASING THE 1985 BUDGET OF THE CITY OF SOUTH BEND IN VARIOUS ACCOUNTS WITHIN VARIOUS DEPARTMENTS OF THE GENERAL FUND AND PARK FUND. This bill had second reading. Council Member Braboy made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7467 -85 AN ORDINANCE ESTABLISHING A NONREVERTING "EAST BANK TRAIL FUND ". This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. 1 i] I I REGULAR MEETING MAY 28, 1985 ORDINANCE NO. 7468 -85 AN ORDINANCE APPROPRIATING $45,000.00 FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA TO PROVIDE FUNDING FOR A FACILITY FOR DISPLAYING THE STUDEBAKER COLLECTION. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1289 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 1818 COMMERCE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT. WHEREAS, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 1818 Commerce, South Bend, Indiana, and which is more particularly described by a line drawn as follows: Those lines surrounding Lot 21, Airport Industrial Park, Phase II, containing 4.12 Acres, more or less. be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -1, et seq.; and WHEREAS, the Redevelopment Commission 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 seq., and has further prepared maps and plats showing the boundaries and such other information as required by law of the area in questions; 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. That the Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated 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 II. That this designation shall be limited to five (5) calendar years from the date of the adoption of this resolution by the Common Council. SECTION III. That the Common Council directs the City Clerk to cause notice of the adoption of this resolution to be published, said publication providing notice of the public hearing before the Common Council on said declaration. 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 /Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Richard Bonewitz, attorney, indicated that Data Link proposes to construct a 12,900 square foot addition to their existing building located at 1818 Commerce Drive. He indicated Data Link is a computer service facility. He indicated the project will cost an estimated $800,000 and will create 100 new jobs. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. Kenneth Fedder, attorney for the Economic Development Commission, spoke regarding Resolutions B,C, D, F, and H on the agenda. He indicated that State statues have changed and in order for a multi - family project to the built, it is necessary that it have approval by the issuer prior to June 1, 1985. RESOLUTION NO. 1290 -85 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, CENTRAL ASSOCIATES, LTD., AN INDIANA LIMITED PARTNERSHIP PROJECT. WHEREAS, at the present time there are insufficient employment opportunities and insufficient diversification of business, commerce and industry in and near the city of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefited by the acquisition of economic development facilities in the corporate limits of the City pursuant to the provisions of Indiana Code 36 -7 -12 (the "Act "); and REGULAR MEETING . MAY 28, 1985 WHEREAS, Central Associates, Ltd., an Indiana limited partnership, ( "Company ") proposes to acquire, construct and remodel economic development facilities in South Bend, Indiana as defined in the Act if the City will finance costs of such economic development facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an application by the Company for the issuance of City of South Bend Industrial Development Revenue Bonds in the approximate principal amount of Eight Million and no /100 Dollars ($8,000,000.00), with the terms of repayment to be determined by market conditions at the time the bonds are sold; and WHEREAS, the proceeds of the bonds will be used by the Company to acquire, construct and remodel facilities for use as a congregate living facility for the elderly located in the Central High School Building, at 317 W. Washington Street, South Bend, Indiana, which facility will result initially in approximately thirty (30) new jobs with an annual payroll of approximately Three Hundred Thousand Dollars ($300,000.00). NOW, THEREFORE, the Common Council of the City of South Bend, Indiana resolves as follows: 1. The project constitutes economic development facilities which shall be financed by the City through the issuance of revenue bonds pursuant to the Act and the City is willing, upon compliance with all provisions of Indiana law, to authorize approximately Eight Million and no /100 Dollars ($8,000,000.00) of its revenue bonds, which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act, and the proposed facility shall not have an adverse competitive effect on other similar facilities in the City. 3. The Company may proceed with acquisition and construction of the economic development facility in reliance upon this resolution. 4. That the liability and obligation of the South Bend Economic Development Commission, the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue such Bonds,, and the South Bend Economic Development Commission and the City of South Bend, Indiana, their officers and agents, shall not incur any liability if for any reason the proposed issuance of such Bonds is not consummated. This Inducement Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney for the Economic Development Commission, indicated that Central Associates was applying for a $8,000,000 economic development bond, in order to rehab Central High School into multi- family housing. He indicated thirty new jobs will be created. Council Member Voorde made a motion to adopt the resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, HEPLER STREET APARTMENT PROJECT. A public hearing was held on the resolution at this time. Kenneth Fedder attorney for the Economic Development Commission, indicated this proposed complex would have sixty -four apartments. He indicated the project would be located on Hepler Street, and three jobs will be created. Kathryn Niedbalski, 3321 Cabot, Carolyn Treatt, 1852 Winston, Vicki Chapeau, 1710 Sterling Dr, Paul Borowski, 3217 Cabot, Kenneth Reynolds, 1810 Crestwood, Edward Zyck, attorney representing some of the neighbors, Dave Turnock, 3325 Cabot and Edward Baer, 1733 Winston spoke against this resolution. Cliff Fleming, the petitioner, indicated he has met with the neighbors and discussed the project in great length. He indicated that because of the change in the State law, it was necessary that the Council hear this resolution at this meeting. He indicated he felt this project was in the interests of the City. Council Member Puzzello made a motion to defeat this resolution, seconded by Council Member Zakrzewski. The resolution was defeated by a roll call vote of nine ayes. Council Member Taylor made a motion to recess, seconded by Council Member Voorde. The motion carried and the meeting was recessed at 8:40 p.m., and reconvened at 8:55 p.m. RESOLUTION NO. 1292--85 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, MILL RACE, AN INDIANA PARTNERSHIP PROJECT. WHEREAS, at the present time there are insufficient employment opportunities and insufficient diversification of business, commerce and industry in and near the city of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefited by the acquisition of economic development facilities in the corporate limits of the City pursuant to the provisions of Indiana Code 36 -7 -12 (the "Act "); and L f [1 1 REGULAR MEETING MAY 28, 1985 WHEREAS, Mill Race, an Indiana limited partnership, ( "Company ") proposes to acquire, and construct economic development facilities in South Bend, Indiana as defined in the Act if the City will finance costs of such economic development facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an application by the Company for the issuance of City of South Bend Industrial Development Revenue Bonds in the approximate principal amount of not to exceed Twenty Million and no /100 Dollars ($20,000,000.00), with the terms of repayment to be determined by market conditions at the time the bonds are sold; and WHEREAS, the proceeds of the bonds will be used by the Company to acquire, and construct facilities for use as a multi - family housing facility located along the East Race of the St. Joseph River between Washington and Colfax Street, East Bank Development Area parcels 3 -3 and 3 -4, South Bend, Indiana, which facility will result initially in approximately eighty -four (84) new full -time jobs with an annual payroll of approximately Eight Hundred Forty Thousand Dollars ($840,000.00). NOW, THEREFORE, the Common Council of the City of South Bend, Indiana resolves as follows: 1. The project constitutes economic development facilities which shall be financed by the City through the issuance of revenue bonds pursuant to the Act and the City is willing, upon compliance with all provisions of Indiana law, to authorize approximately Twenty Million and no /100 Dollars ($20,000,000.00) of its revenue bonds, which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act, and the proposed facility shall not have an adverse competitive effect on other similar facilities in the City. 3. The Company may proceed with acquisition and construction of the economic development facility in reliance upon this resolution. 4. That the liability and obligation of the South Bend Economic Development Commission, the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue such Bonds, and the South Bend Economic Development Commission and the City of South Bend, Indiana, their officers and agents, shall not incur any liability if for any reason the proposed issuance of such Bonds is not consummated. This Inducement Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney for the Economic Development Commission, indicated the petitioners planned to construct a 17 story multi - family housing facility. He indicated they anticipated 84 new jobs will be created. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1295 -85 AN INDUCEMENT RESOLUTION RELATING TO THE EAST RACE HOUSING PROJECT. WHEREAS, pursuant to IC 18- 6 -4.5, the Common Council of the City of South Bend, Indiana created the South Bend Economic Development Commission, which Commission, following an investigation and survey, has determined that a need exists in the community for additional job opportunities and commercial and job opportunities, commercial diversification, and the general welfare of the community, a financing agreement should be entered into with T. Brooks Brademas, or his assigns, relating to a project to be known as the "East Race Housing Project "; and WHEREAS, T. Brooks Brademas proposes to acquire a parcel of real estate located on Niles Avenue in South Bend, St. Joseph County, Indiana, and to acquire and rehabilitate buildings thereon, consisting of some 50,000 square feet; and, WHEREAS, to induce T. Brooks Brademas, or his assigns, to become the principal user of such Economic Development Facilities, the South Bend Common Council desires to adopt this resolution; and WHEREAS, it is apparent that the development of the East Race Housing Project will increase job opportunities and commercial diversification in St. Joseph County, Indiana, resulting in benefit to the welfare of the public in the City of South Bend and in St. Joseph County, Indiana. NOW, THEREFORE, BE IT RESOLVED by the Common Council as follows: REGULAR MEETING MAY 28, 1985 F 1 � SECTION 1. That approval is hereby given to the application of T. Brooks Brademas relating to the acquisition of such real estate and the rehabilitation of the buildings thereon, wherein Industrial Revenue Bonds would be issued by the City of South Bend, Indiana, for an amount not exceeding $985,000.00 repayable with interest thereon over a period of time and with a maturity date which does not extend beyond thirty (30) years' after the issue date. SECTION 2. In order to encourage, induce and solicit such application by T. Brooks Brademas for such Industrial Revenue Bond issue relating to the acquisition and rehabilitation of such Economic Development Facilities, the South Bend Common shall proceed to cooperate with and take such action as may be necessary in the drafting of documents or the performance of such other acts as will facilitate the issuance of such Industrial Revenue Bonds by the City of South Bend, Indiana, to provide funds to be used toward the payment of the costs of acquiring such real estate and the rehabilitation of such Economic Development Facilities. SECTION 3. Any costs or expenses incurred in connection with the East Race Project shall be included in the project costs and reimbursed from the proceeds of the Industrial Revenue Bonds to be issued with respect thereto. SECTION 4. That the liability and obligation of the South Bend Common Council and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consumate such proceedings and issue such Bonds, and neither the South Bend Common Council nor the City of South Bend, Indiana, or its officers or agents, shall incur any liability whatsoever if for any reason the proposed issuance of such Bonds is not consummated. The resolution adopted by the South Bend Common Council of the City of South Bend, Indiana, this 28 day of May, 1985. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Kenneth Fedder, attorney for the Economic Development Commission, indicated T. Brooks Brademas intended to rehab the old South Bend Lathe Building to rental housing units to serve the needs of the moderate income persons and couples. He indicated that four permanent jobs will be created. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 129 #A85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, STATING ITS INTENTION TO APPROPRIATE FUNDS'' FOR LAND CONTRACT PURCHASE PAYMENTS. WHEREAS, the City of South Bend owns a collection of Studebaker vehicles and Studebaker Archives; and WHEREAS, during the past three years said collection has been housed for the City by Studebaker Museum, Inc. in a building located at 520 S. Lafayette Blvd., South Bend, Indiana, which building is owned by Freeman Spicer Company, Inc. and leased by Studebaker Museum, Inc.; and WHEREAS, the lease between Studebaker Museum, Inc. and Freeman - Spicer Company, Inc. expires May 31, 1985 and Studebaker Museum, Inc. will no longer be providing housing for said collection; and WHEREAS, the City of South Bend desires to continue to house the Studebaker collection in the Freeman - Spicer Building; and WHEREAS, the Board of Public Works of the City of South Bend has entered into a ten (10) year land contract for the purchase of said building from Freeman - Spicer Company,';`' Inc. for the sum of Four Hundred Eighty Thousand ($480,000.00) Dollars plus interest at a rate of 8% APR, payable in 120 payable in 120 equal monthly payments of Five Thousand Eight Hundred Twenty -three and 72 /100ths ($5,823.72) Dollars. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, as, follows: Section I. The Common Council of the City of South Bend intends to appropriate sufficient funds in 1985, 1986, 1987, and 1988 and in succeeding budget years as is necessary to cover payments due on said land contract. Section II. This resolution shall be in full force and effect upon passage by the' Council and approval by the Mayor. /s /Beverlie J. Beck Member of the Common Council 1 1 1 1 REGULAR MEETING MAY 28, 1985 A public hearing was held on the resolution at this time. Michael Vance, Controller, indicated that the City has entered into a ten year land contract purchase of the Freeman - Spicer property for storage, display and protection of the Studebaker vehicles and archives. Mike Lenyo, 925 Dale Avenue, president of the Studebaker Driver's Club, spoke in favor of this resolution. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resoltuion was adopted by a roll call vote of nine ayes. RESOLUTION NO. 129f -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ORDER OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY WITH REGARD TO THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA. WHEREAS, the City of South Bend Redevelopment Commission (Commission), pursuant to Indiana Code 36- 7 -14 -1, et seq., (Act), adopted Resolution No. 737 on May 10, 1985, designating the South Bend Central Development Area (Area), finding the area to be blighted, approving the South Bend Central Development Plan (Plan), and the South Bend Central Relocation Policy, and establishing an allocation area for purposes of tax incremental financing; and WHEREAS, the Area Plan Commission of St. Joseph County, Indiana, which is the duly designated and acting official planning body for the City of South Bend, in its Resolution No. 84, adopted May 21, 1985, has issued its written order approving Resolution No. 737 and the Plan, and has certified that the Plan conforms to the master plan of development for the City of South Bend; and WHEREAS, the Common Council is cognizant of the conditions that are imposed under Title VI of the Civil Rights Act of 1964, as amended, providing that no person shall, on the grounds of race, age, sex, color, religion, or natural origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in the undertaking and carrying our of any federally- assisted project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, as follows: 1. The Order of the Area Plan Commission of St. Joseph County, pursuant to its Resolution No. 84 attached hereto and made a part hereof, is in all respects approved. 2. In order to implement and facilitate the Plan, it is found and determined that certain official action must be taken by the City of South Bend with reference, among other things, to changes in zoning, vacation and removal of streets, alleys and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public actions, and accordingly, the Common Council hereby (a) pledges it cooperation in helping to carry out the Plan; (b) requests the various officials, departments, boards and agencies of the City of South Bend having administrative responsibilities likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Plan; and (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Plan. 3. That the United States of America be, and hereby is assured of full compliance by the City of South Bend with the provisions of Title VI of the Civil Rights Act of 1964, as amended, and the regulations of the Department of Housing and Urban Development effectuating that Title. 4. 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/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Ann Kolata, Deputy Director of Redevelopment, indicated this resolution merges three existing redevelopment areas into one unified area and adds additional land adjacent to those existing redevelopment area. She indicated this would allow Redevelopment to merge the existing tax increment financing allocation areas into one unified allocation area. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 129�R85 AN INDUCEMENT RESOLUTION RELATING TO THE ISSUANCE OF MULTI - FAMILY HOUSING REVENUE BONDS AND ECONOMIC DEVELOPMENT REVENUE BONDS FOR THE BENEFIT OF NORTH CENTRAL INDIANA MEDICAL EDUCATION FOUNDATION. The City of South Bend, Indiana still has insufficient employment opportunities, insufficient tax base and insufficient diversification of economic development facilities, which conditions are harmful to the health, prosperity, economic stability and general welfare of the area and, if not remedied, will be detrimental to the development of such area and, its environs. REGULAR MEETING _MAY, 2.8, 19$5 North Central Indiana Medical Education Foundation, an Indiana not - for - profit corporation (the "Borrower "), has filed an application with the South Bend Economic Development Commission ( "Commission ") to finance the improvement of real estate located in St. Joseph County, Indiana, to constitute economic development facilities (the "Project ") resulting in the creation of a substantial number of new jobs, as well as other benefits. The Borrower has further advised the City and the Commission that a determination by the City to issue its revenue bonds under the Act to finance the Project will constitute a substantial inducement to the Borrower to proceed with the Project. To induce the Borrower to acquire and improve the Project, the City desires to adopt this Resolution. It is apparent that the development of the Project will provide nursing home beds and needed decent, safe and sanitary housing for persons in the area, maintain existing levels of employment, assist in relieving conditions of unemployment in construction and related industries and encourage the increase of commerce in the State of Indiana, all of which are in the public interest of the City. Subject to all required approvals under the Act, the City intends to use its best efforts to cooperate with the Borrower by issuing the City's revenue bonds to finance the Project. The financing of the proposed Project through the issuance of the hereafter - described Bonds of the City complies with the requirements of the Act and will provide for and promote the public health, safety, morals and welfare of the inhabitants in and near the City. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section 1. That approval is hereby given to the application of the Borrower relating tot he acquisition, construction and improvement of such real estate including the following: a. Approximately 400 multi- family residential units at a cost in excess of $15,000,000.00; b. Approximately 150 congregate care residential units at a cost in excess of $5,000,000.00; and c. Approximately 400 bed nursing care facility at a cost in excess of $10,000,000.00. Section 2. That the City intends to issue its Multi - Family Housing and Economic Development Revenue Bonds (the "Bonds ") in an amount not to exceed $35,00,000.00 for the purpose of making a loan to the Borrower to provide financing for the acquisition, construction and improvement of the Project. Section 3. To induce the Borrower to acquire, construct and improve the Project, the Common Council shall cooperate with and take such action as may be necessary in the drafting of documents or the performance of such other acts as will facilitate the issuance of the Bonds by the City to provide funds to be used toward the payment of the costs of acquiring, constructing and improving such Project. Section 4. Any costs or expenses incurred in connection with the Project shall be included in the Project costs and reimbursed either from the proceeds of the Bonds to be issued with respect thereto or from payments by other parties to the financing. Section 5. The liability and obligation of the City and its Common Council shall be limited solely to good -faith efforts to consummate such proceedings and issue the Bonds, and neither the City nor its Common Council, nor their officers or agents, shall incur any liability whatsoever if for any reason the proposed issuance of the Bonds is not consummated. Section 6. This Resolution shall be in full force and effect from and after its passage by the Common Council of the City of South Bend, Indiana, and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Kevin Butler, attorney for the Economic Development Commission, indicated this project will consist of 400 multi- family residential units, 150 congregate care units, and a 400 bed nursing facility. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 52 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY; THE FIRST EAST -WEST ALLEY NORTH OF LINCOLN WAY WEST RUNNING NORTH - WESTERLY FROM THE EAST PROPERTY LINE OF THE WEST 33 FEET OF LOT 25 PROJECTED NORTHERLY TO THE WEST PROPERTY LINE OF LOT 26 PROJECTED NORTHERLY FOR A TOTAL DISTANCE OF 99 FEET MORE OR LESS, ALL BEING IN HENRICK AND GRANT ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. 1 1 1 LJ REGULAR MEETING MAY 28, 1985 This bill had first reading. Council Member Voorde made a motion to set this bill for second reading and public hearing June 10 and refer it to the Zoning and Vacation Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 53 -85 A BILL AMENDING ORDINANCE NO. 7357 -84 TO PROVIDE FOR SALARIES FOR SALES AND ADMINISTRATIVE POSITIONS FOR CENTURY CENTER FOR THE CALENDAR YEARS 1985 AND 1986. This bill had first reading. Council Member Taylor made a motion to set this bill for second reading and public hearing June 10 and refer it to the Personnel and Finance Committee, seconded by Council Member Puzzello. The motion carried. UNFINISHED BUSINESS Reports from Area Plan: Bill No. 15 -85 - Rezone Riverside Drive for Historic District Bill No. 16 -85 - Rezone 750 Sancome Bill No. 17 -85 - Rezone Southeast Corner of Locust and SR23 Council Member Taylor made a motion to set these bills for public hearing and second reading June 10, and refer them to the Zoning and Vacation Committee, seconded by Council Member Braboy. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Voorde made a motion to adjourn, seconded by Council Member Crone. The motion carried and the meeting was adjourned at 9:30 p.m. ATTEST: 4:�� G City Clerk APPROVED: r, President