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HomeMy WebLinkAbout03-09-81 Council Meeting MinutesREGULAR MEETING MARCH 9, 1981 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 9, 1981, 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, Szymkowiak Beck, Taylor, Kopczynski, Crone, Dombrowski, Voorde and McGann 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 res- pectfully report that it has inspected the minutes of the February 23, 1981, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Lewis A. McGann /s/ Beverly D. Crone Council Member Serge made a motion that the minutes of the Febraury 23, 1981, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. REPORTS Council Member Crone gave the Personnel & Finance Committee report on Bill No. 16 -81. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Dombrowski. 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 Monday, March 9, 1981, at 7:20 p.m., with nine members present. Chair- man Voorde presiding. BILL NO. 3 -81 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (PLAYLAND PARK.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Charles Sweeney, attorney for the petitioners, made the presentation for the bill. Council President McGann made a motion to amend this bill in Section I from "B" commercial to "B" residential, seconded by Council Member Taylor. The motion carried. Mr. Sweeney described the surrounding area. He said they proposed to build luxury condominiums on the site. He indicated that 110 to 120 units would be built. He said there would be two guarded entrances, one on Lincolnway and one on Ironwood. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO.16 -81 A BILL AMENDING THE USER FEE SCHEDULE ASSESSED FOR THE USE OF AMBULANCE /MEDICAL SERVICES PROVIDED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH ITS EMERGENCY MEDICAL /PARAMEDIC SER- VICE OF THE FIRE DEPARTMENT, AND DEDICATING SAID FEES TO THE CUMULATIVE FIRE EQUIPMENT AND CAPITAL IMPROVEMENT FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Joseph Kernan, City Controller, made the presentation for the bill. Council Member Crone made a motion to amend this bill as per copy presented to the City Clerk, seconded by Council President McGann. The motion carried. Joseph Kernan indicated these fees are consistent with those charged in this area, and very closely conform with the standards that have been set for health insurance for reimbursement. Mr. John Kleva, 5039 W. Packard, asked why the City was charging for oxygen when it received free oxygen from Bendix. Council President McGann explained that the small tanks were filled at Bendix, however, the City had to pay for the filling of thelarge tanks. Jane Swan 1706 S. Walnut, asked about the delay until January 1, 1982, for the funds to be dedicated to the Cumulative Fire Equipment and Capital Improvement Fund. Mr. Kernan indicated the amended bill has a September 1, 1981 date, and the reason for the delay was due to prior commitments to the General Fund. Mike McFarland, 1733 O'Brien, indicated that the $1.25 per mile charge for transportation.was unfair. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Dombrowski made a motion to rise and report to the Council, seconded by Council Member Kopczynski. The motion carried. ATTEST: ATTEST: Clerk Chairman REGULAR MEETING MARCH 9, 1981 ( Q *SEE PAGE 111 FOR REGULAR MEETING RECONVENED RESOLUTION NO. 869 -81 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 404 S. COLUMBIA AS AN URBAN DEVELOPMENT AREA FOR THE PURPOSES OF TAX ABATEMENT CONSIDERATION. WHEREAS, petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend pursuant to Section 2 -76(a) of the Municipal Code requesting that the area commonly known as 404 S. COLUMBIA and which more particularly described by a line drawn as follows: EXHIBIT A Legal Description Parcel 6 -10 -2 DESCRIPTION A PARCEL IN THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, ALSO BEING A PART OF BLOCK 8 OF THE RECORDED PLAT OF RIVER BEND ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, DESCRIBED AS FOLLOWS: Commencing at the intersection of the East Right -of -way line of Columbia Street and the North Right -of -way line of MonroeStreet; thence North 89038'42" East along said North Right -of -way of Monroe Street 2a50.00 feet; thence North 0021'18" West 55.00 feet; thence North 39035'12" West 67.66 to the POINT OF BEGINNING; thence North 52000100" East 344.29 feet; thence South 70006'30" East 2.50 feet; thence South 38042121" East 164.89 feet; thence South 52000100" West 343.08 feet to the Point of beginning, containing 1.320 acres. Subject to a triangular part of an Easement for the South Bend Park Department, described as beginning at a point on the line between Parcels 6 -ID -2 and 6 -ID -3 at a point 18.81 feet South 52000'00" West of the Northeast corner of Parcel 6- ID-2 described above; thence South 19053'44" West 26.88 feet; thence South 75020'48" West 36.05 feet; thence North 52000100 East 55.87 feet to the Point of Beginning, containing 309 square feet. be designated as an Urban Development Area under the provisions of Indiana Code 6- 1.1- 11.1 -1 and that the public utility and benefit of the project be determined; and , WHEREAS, the Redevelopment Commission has conducted an investigation pursuant to Section 2 -77 of the Municipal Code and prepared a report determining that the area qualified as an Urban Development Area under Indiana Code 6- 1.1- 12.1 -1 and has further prepared maps and plats showing the boundaries and such other information as required by law of the area in question; 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 Urban Development 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 Urban Development Area and hereby adopts a resolution designating this area as an Urban Development Area for purposes of real property Tax Abatement. SECTION II. That the Common Council requests the City Clerk to submit this Resolution along with supporting data to the Area Plan Commission for its written order approving or disapproving this resolution. SECTION III. That the Common Council directs the City Clerk, upon receipt of the report of the Area Plan Commission 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/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Charles Clark, 3027 Northway Maple Ct., a representative of the Holladay Corp., indicated he was asking for tax abatement for 404 S. Columbia. He indicated they planned to construct an office building at that location. He said the area was eligible for tax abatement through the Urban Renewal Program. He indicated this was the last piece of land in Block 6 and all other construction in Block 6 had received tax abatement. He indicated that they could not build this project without receiving tax abatement. Bob Cloud, 1306 N. Kaley, spoke against this abatement, indicating that tax abatement was welfare for the rich. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Kopczynski. The resolution was adopted by a roll call vote of seven ayes and two nays (Council Members Crone and McGann.) W REGULAR MEETING MARCH 9, 1981 n RESOLUTION NO. 870 -81 AN INDUCEMENT RESOLUTION RELATING TO THE WILLIAM R. DOBLAW AND HEIKE DOBSLAW PROJECT WHEREAS, pursuant to I.C. 18- 6 -4.5, the Common Cuncil 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 com- munity for additional job opportunities and commercial and industrial diversification. That in order to improve and promote job opportunities, commercial diversification, and the general welfare of the community, a financing agreement should be entered into with William R. Dobslaw and Heike Dobslaw, or their assigns, relating to a project to be known as the "William R. Dobslaw and Heike Dobslaw Project "; and WHEREAS, William R. Dobslaw and Heike Dobslaw are residents of St. Joseph County in the State of Indiana and are the owners and operators of Jenny's Incorporated, an Indiana corporation engaged in the restaurant business, and desire to acquire real estate and construct a facility for the purpose of expansion of Jenny's Incorporated operations and the employment of a substantial number of new employees and, WHEREAS, William R. Dobslaw and Heike Dobslaw propose to acquire a parcel of real estate located at the southeast corner of Ireland Road and U.S. 31 South, and to construct thereon and equip a restaurant facility consisting of more than 8,000 square feet; and WHEREAS, to induce William R. Dobslaw and Heike Dobslaw, or their lessees, to become the principal users 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 proposed 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 South Bend Common Council as follows: SECTION I. That approval is hereby given to the application of William R. Dobslaw and Heike Dobslaw relating to the acquisition of such real estate and the construction and equipping of an industrial facility thereon, wherein industrial revenue bonds would be issued by the City of South Bend, Indiana, for an amount not exceeding $350,000 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 II. In order to encourage, induce and solicit such application by William R. Dobslaw and Heike Dobslaw, for such Industrial Revenue Bond issue relating to the acquisition, construction and equipping of such Economic Development Facilities, the South Bend Common Council 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 construction and equipping of such Economic Development Facilities. SECTION III. Any costs or expenses incurred in connection with the William R. Dobslaw and Heike Dobslaw 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 IV. 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 consummate 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. This resolution adopted by the South Bend Common Council of the City of South Bend, Indiana, this 9th day of March, 1981. /s/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, attorney for the Economic Development Commission, indicated this was an inducement resolution and there would be a subsequent public hearing at a later date before the Economic Development Commission and the Council. He indicated they planned to construct a restaurant on the southeast corner of Ireland and U.S. 31. He indicated that approximatel forty new jobs would be created, and the project would cost approximately $500,000. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. 1 1D REGULAR MEETING MARCH 9, 1981_ RESOLUTION NO. 871 -81 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO AMERICAN ENERGY CORPORATION 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 and construction of economic development facilities in St. Joseph County pursuant to the provisions of Indiana Code 18 -6 -4.5 (the "Act "); and WHEREAS, the South Bend Economic Development Commission has received an application by American Energy for the issuance of City of South Bend Economic Development Revenue Bonds in an amount not to exceed Three Million Two Hundred Fifty Thousand and no /100 Dollars ($3,250,000.00) repayable with interest thereon to be determined but not expected to exceed fourteen percent (14 %) over a period not to exceed twelve (12) years in order to purchase real estate and equipment and construct an industrial building for an anhydrous fuel grade alcohol distilling plant result in approximaterly fourteen (14) new jobs by the principal user with an annual payroll of approximately Two Hundred Thirty -four Thousand Dollars ($234,000.00) per year. 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 Three Million Two Hundred Fifty Thousand Dollars ($31,250,000.00) 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. 3. American Energy may proceed with acquisition and construction of the economic development facilities in reliance upon this resolution. 4. That the liability and obligation of the South Bend Commission, the South Bend Common Council, the City of South Joseph County Council and St. Joseph County shall be limited efforts to consummate such proceedings and issue such Bonds, Development Commission, the City of South Bend, Indiana and officers or agents, shall not incur any liability if for any issuance of such Bonds is not consummated. Economic Development Bend, Indiana, the St. solely to the good faith and the South Bend Economic St. Joseph County, their reason the proposed This IndCcement Resolution shall be in full force and effect from and after its adoption by the Common Counci'1 and approval by the Mayor. /s/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, attorney for the Economic Development Commission, indicated this project would be located in the County at State Road 4 and U.S. 31. He indicated they proposed to build an ethanol plant that would produce 200 gallons per hour. Council Member Dombrowski made a motion to adopt this resolution, seconded by Council Member Kopczynski. The resolution was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 17 -81 A BILL AMENDING CHAPTER 21, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA,.BY AMENDING VARIOUS SECTIONS WITHIN ARTICLE 6.5 COMMONLY KNOWN AS THE HISTORIC PRESERVATION COMMISSION. This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6898 -81 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $9,000,000 ECONOMIC DEVELOPMENT REVENUE BONDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF MAKING A LOAN TO FIRST BANK CENTER LIMITED PARTNERSHIP IN ORDER TO FINANCE THE ACQUISITION, CONSTRUCTION AND DEVELOPMENT OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES, LOCATED IN THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING EXECUTION OF A LOAN AGREEMENT, AN INDENTURE OF TRUST AND A BOND PURCHASE AGREEMENT; AND APPROVING RELATED MATTERS. This bill had first reading. Council Member Taylor made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Kopczynski. The motion carried on a roll call vote of nine ayes. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Kenenth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated this issue was for the First Bank to complete their construction. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. REGULAR MEETING MARCH 9, 1981 BILL NO. 19 -81 A BILL APPROVING THE FORM AND TERMS OF AGREEMENT, MORTGAGE, INDENTURE OF TRUST, SECURITY AGREEMENT AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 28 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE UNIVERSAL COMPANIES, INC. PROJECT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading March 23, seconded by Council Member Dombrowski. The motion carried. BILL NO. 20 -81 A BILL APPROPRIATING $5,267.00 FROM THE DISCOVERY HALL FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR RENTAL OF STORAGE SPACE FOR THE STUDEBAKER COLLECTION TO BE ADMINISTERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading March 23, 1981, seconded by Council Member Dombrowski. The motion carried. BILL NO. 21 -81 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DELETING CURRENT SECTION 2 -57 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED COMMISSION ON STATUS OF WOMEN. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading March 23, seconded by Council Member Taylor. The motion carried. UNFINISHED BUSINESS Report from Area Plan - Bill No. 15 -81 Historic Landmark, 935 S. Ironwood. Council Member Taylor made a motion to set this bill for public hearing and second reading March 23, 1981, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 8:06 p.m. ATTEST: City Clerk REGULAR MEETING RECONVENED APPROVED: resident -1 6(IK,:� 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 7:20 p.m. Council President McGann presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 6896 -81 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (PLAYLAND PARK.) This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committe of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6897 -81 AN ORDINANCE AMENDING THE USER FEE SCHEDULE ASSESSED FOR THE USE OF AMBULANCE /MEDICAL SERVICES PROVIDED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH ITS EMERGENCY MEDICAL /PARAMEDIC SERVICE OF THE FIRE DEPARTMENT, AND DEDICATING SAID FEES TO THE CUMULATIVE FIRE EQUIPAMENT AND CAPITAL IMPROVEMENT FUND. 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 Beck. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes.