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HomeMy WebLinkAbout07-26-04 Council Meeting Minutes REGULAR MEETING JULY 26, 2004 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, July 26, 2004, at 7:00 p.m. The meeting was called to order by President Karen L. White and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek Dieter 1st District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Vice-President Ann Puzzello 4th District David Varner 5th District Ervin Kuspa 6th District Sean Coleman At-Large Chairperson, Committee of the Whole Al `Buddy"Kirsits At-Large Karen L. White At-Large President OTHERS PRESENT: Kathleen Cekanski-Farrand, Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy City Clerk Janice I. Talboom Deputy City Clerk 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 July 12, 2004 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. Members of the Sub-Committee on Minutes s/Karen L. White s/David Varner Councilmember Coleman made a motion that the minutes of the July 12, 2004, meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of nine(9) ayes. SPECIAL BUSINESS ANNOUNCEMENT OF REAPPOINTMENT TO THE TRANSPO BOARD Councilmember Varner made a motion to reappoint Mr. Oliver Davis to the South Bend Public Transporation Board(TRANSPO). Councilmember Coleman seconded the motion,which carried by a voice vote of nine ayes. City Clerk John Voorde officially swore in Mr. Oliver Davis WELCOME BOY SCOUT TROOP 300—CHRISTIAN HOME SCHOOL Council President White welcomed Boy Scout Troop 300 from Christian Home School. WELCOME JOSEPH KARINGA AND HIS PARENTS FROM KENYA. Councilmember Charlotte Pfeifer welcomed Mr. Joseph Karinga and his parents who are visiting from Kenya. COUNCIL DISTRICT UPDATES—2ND DISTRICT COUNCILMEMBER CHARLOTTE PFEIFER Councilmember Charlotte Pfeifer, 2nd District, gave an activity report regarding activity in the Second Councilmanic District of South Bend. Councilmember Pfeifer began by outlining the boundaries of the second district. She indicated that Downtown South Bend coordinator Laura Guy is doing a wonderful job of beautifying and promoting downtown 1 REGULAR MEETING JULY 26,2004 South Bend as the place to be. There is activity all of the time and there are new eateries and people. The West Washington area continues to improve per the WWCRP plan that was established over fifteen years ago. South Bend Heritage continues to work in the neighborhood as well as Habitat for Humanity. The Studebaker Museum is in the process of being relocated on Chapin Street. The LANA Partnership Center is scheduled to relocate also. The Western Avenue and Lincolnway West business corridors are making good progress. Bendix and Lincolnway West intersection is going to be enhanced. She stated that the rerouting of Bendix Drive,behind BOSCH,will be starting soon, and that there are already new houses in that area. The Weed and Seed Program is established in the LaSalle Park area in conjunction with the St. Casimir Neighborhood in the 6th District. There is a lot of good activity going on at the Charles Black Center, a new playground and equipment as well as a mobile classroom. A community garden, new curbs and sidewalks have been constructed at the intersection of Washington and Chicago Streets. Finally, Western Avenue in front of the Phoenix Plaza and Martins Supermarkets will have some revitalization. Councilmember Pfeifer encourages everyone to take a drive in the 2nd District to witness all the wonderful things happening there. RESOLUTION NO. 3358-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP, HIDDEN CREEK LLC ANNEXATION AREA Councilmember Kuspa, Chairperson, Zoning and Annexation Committee,reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. Mr. Larry Magliozzi,Assistant Director, Community Development made the presentation for this bill. Mr. Magliozzi advised that the resolution is a companion to Bill No. 38-04, which proposes to annex contiguous territory in Centre Township to the City of South Bend. This resolution indicates that approval of a written plan and policy providing services, both capital and non-capital in nature, to the territory to be annexed. Mr. Magliozzi further advised that Hidden Creek, LLC is a voluntary petition. The parcel in question is 31.33 acres on the north side of Jackson Road west of U.S. 31. All public improvements will be required to be done at the expense of the developer. The City will assist in the extension of the main water line from the intersection of Jackson and Main Street. A Public Hearing was held on the Resolution at this time. Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, spoke on behalf of the developer THS Associates. Mr. Feeney indicated that the petitioner is seeking to build 71 single-family homes. The parcel is 31.33 acres in size and currently is vacant. The total cost of the project is estimated to be 13 million dollars. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 04-81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN 2 REGULAR MEETING JULY 26,2004 ANNEXATION AREA IN GERMAN TOWNSHIP, STEVE AND JEAN COOREMAN ANNEXATION AREA Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with an unfavorable recommendation. Mr. James A. Masters, Attorney at Law,Nemeth &Masters, 215 S. St. Joseph St., Suite 600, South Bend, Indiana, stated that he is representing the petitioners, Steve and Jean Cooreman. Mr. Masters asked the Council to continue this bill until the October 11, 2004 meeting of the South Bend Common Council. Councilmember Coleman made a motion to continue this bill at the request of the petitioner until the October 11, 2004,meeting of the South Bend Common Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:28 p.m., Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Coleman, Chairperson, Committee of the Whole, presiding. Councilmember Coleman,noted that this is the portion of the meeting in which members of the council meet as the Committee of the Whole in order to hear presentations and public comment on bills that are presented for ordinance consideration. Each bill that will be heard tonight will have a Public Hearing and after the hearing on each bill, the committee will vote on the disposition of the bill,which typically is sent to the full Council with either a favorable or an unfavorable recommendation. He noted that the South Bend Municipal code requires that the Chairperson describes the procedure for the hearings. The Committee operates in accord with the Council Rules and Procedures and Roberts Rules of Order and Council Attorney Kathleen Cekanski-Farrand who serves as the Parliamentarian. The procedure for the Public Hearing for each bill is conducted as follows: 1. The title of the bill is read by the City Clerk. 2. Reports are presented from the pertinent Common Council Committee and/or the Area Plan Commission. 3. A formal presentation in favor of the bill which is not subject to a time limit is heard. 4. Comments are heard from members of the public who wish to speak in favor of the bill. Each such member is limited to five (5) minutes for his/her presentation and must begin by stating his/her name and residential address. 5. Any formal presentation against the bill or Resolution which is not subject to a time limitation is heard. 6. Comments are heard from any members of the public wishing to speak against the bill. Each member of the public speaking against the bill is limited to five(5) minutes for his/her presentation and must also begin by stating his/her name and residential address. With respect to those individuals speaking against,the total time for comments by members of the public speaking against the bill is the amount of time that was used by those speaking in favor of the bill or thirty(30) minutes whichever is greater. 3 REGULAR MEETING JULY 26,2004 7. A five(5)minute rebuttal period is allowed for the persons who gave the formal presentation in favor of the bill after which the public portion of the hearing is closed. 8. Finally, the Council portion of the hearing takes place in which members will discuss the bill and vote on its disposition PUBLIC HEARINGS BILL NO. 38-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; HIDDEN CREEK, LLC, 20751 JACKSON ROAD Councilmember Kuspa, Chairperson, Zoning and Annexation Committee,reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, spoke on behalf of the developer THS Associates,Hidden Creek, LLC. Mr. Feeney indicated that the petitioner is seeking to build 71 single-family homes. The parcel is 31.33 acres in size and currently is vacant. The total cost of the project is estimated to be 13 million dollars. This being the time heretofore set for the Public Hearing on the above bill,proponents and opponents were given an opportunity to be heard. There being on one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 28-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; STEVE &JEAN COOREMAN, 21300 BLOCK OF CLEVELAND ROAD & 52804 LYNNEWOOD AVENUE, SOUTH BEND, INDIANA Councilmember Dieter disclosed that he has had prior relationship with the petitioner, however after further discussion with Council Attorney Kathleen Cekanski-Farrand it has been determined that no conflict of interest exists. Councilmember Dieter made a motion to hear the substitute version of this bill. Council President White seconded the motion which carried by a voice vote of nine(9) ayes. Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with an unfavorable recommendation. 4 REGULAR MEETING JULY 26, 2004 Mr. James A. Masters, Attorney at Law,Nemeth &Masters, 215 S. St. Joseph St., Suite 600, South Bend, Indiana, stated that he is representing the petitioners, Steve and Jean Cooreman. Mr. Masters asked the Council to continue this bill until the October 11, 2004 meeting of the South Bend Common Council. Councilmember Kuspa made a motion to continue this bill at the request of the petitioner until the October 11, 2004, meeting of the South Bend Common Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 40-04 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS THE SOUTH HALF OF THE ANGELA BLVD. RIGHT OF WAY FROM NOTRE DAME AVENUE, EAST FOR A DISTANCE OF 930 FEET, MORE OR LESS, TO THE WEST RIGHT OF WAY LINE OF EDDY STREET AND A WIDTH OF 40 FEET. BECAUSE THE CITY LIMIT LINE GOES DOWN THE CENTERLINE OF ANGELA BLVD THE VACATION WILL BE FOR THE SOUTH HALF OF THE RIGHT OF WAY ONLY. THE SECOND STREET TO BE VACATED IS THE WEST HALF OF THE EDDY STREET RIGHT OF WAY FROM ANGELA BLVD. SOUTH A DISTANCE OF 380 FEET,MORE OR LESS, TO THE NORTH RIGHT OF WAY LINE OF ANGELA BLVD. EXTENDED FROM NOTRE DAME AVENUE AND A WIDTH OF 35 FEET. AGAIN BECAUSE THE CITY LIMITS LINE GOES DOWN THE CENTERLINE OF EDDY STREET, THE VACATION WILL BE FOR THE WEST HALF OF THE RIGHT OF WAY ONLY Councilmember Varner, Chairperson, Public Works and Property Vacation Committee reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Bruce Bancroft, Attorney At Law, Barnes &Thornburg, 100 N. Michigan Street, 6th Floor, South Bend, Indiana, advised that he is representing the petitioner,University of Notre Dame, made the presentation for this bill. Mr. Bancroft stated that the petitioner plans to vacate the streets in order to facilitate the development of their campus plan. The vacation would allow the elimination of the 5- curve between Notre Dame Avenue and Eddy Street and to facilitate the re-alignment of Edison Road and to enhance the possibility of developing improvements along Eddy Street as potential mixed-use commercial/residential. This being the time heretofore set for the Public Hearing on the above bill,proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 32-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 7 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING BUDGET, SALARY, 5 REGULAR MEETING JULY 26, 2004 PURCHASING, APPROPRIATIONS AND FINANCIAL REPORTING PROCEDURES Councilmember Varner made a motion to continue this bill until the August 23, 2004 meeting of the Council. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 39-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $198,345 WITHIN COMMUNITY& ECONOMIC DEVELOPMENT FUND #212 FOR DISTRIBUTION PURSUANT TO THE U.S. DEPARTMENT OF JUSTICE'S WEED AND SEED GRANT PROGRAM Councilmember Kelly, Chairperson, Community and Economic Development Committee reported that this committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. Pam Meyer, Director, Community Development, 1200 County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Meyer informed that this appropriation will allow for the second year's Weed& Seed Department of Justice Grant funds received by the City. The funds will be used for programming related to Weed& Seed required areas of Law Enforcement, Community Policing, and Safe Havens, building upon and continuing the first year programs. Ms. Meyer stated that this bill was to be voted on at the July 12, 2004 meeting of the Council and it was thought that an error was made in the amount of the grant. Originally,the grant application was submitted with a different dollar amount and the Department of Justice returned the application with the amount of$198,345, and after further review, it was found that the amount that was advertised and in the title was correct. She apologized for any inconvenience that this might have caused. This being the time heretofore set for the Public Hearing on the above bill,proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Kuspa made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine(9) ayes. ATTEST: ATTEST: ohn oorde, City Clerk Sean Coleman, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:55 p.m. Council President Karen L. White presided with nine (9) members present. BILLS - THIRD READING 6 REGULAR MEETING JULY 26,2004 ORDINANCE NO. 9516-04 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; J. DOUGLAS DAUGHERTY, 23977 BRICK ROAD, SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO.9517-04 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS THE SOUTH HALF OF THE ANGELA BLVD. RIGHT OF WAY FROM NOTRE DAME AVENUE, EAST FOR A DISTANCE OF 930 FEET, MORE OR LESS, TO THE WEST RIGHT OF WAY LINE OF EDDY STREET AND A WIDTH OF 40 FEET. BECAUSE THE CITY LIMIT LINE GOES DOWN THE CENTERLINE OF ANGELA BLVD THE VACATION WILL BE FOR THE SOUTH HALF OF THE RIGHT OF WAY ONLY. THE SECOND STREET TO BE VACATED IS THE WEST HALF OF THE EDDY STREET RIGHT OF WAY FROM ANGELA BLVD. SOUTH A DISTANCE OF 380 FEET, MORE OR LESS, TO THE NORTH RIGHT OF WAY LINE OF ANGELA BLVD. EXTENDED FROM NOTRE DAME AVENUE AND A WIDTH OF 35 FEET. AGAIN BECAUSE THE CITY LIMITS LINE GOES DOWN THE CENTERLINE OF EDDY STREET, THE VACATION WILL BE FOR THE WEST HALF OF THE RIGHT OF WAY ONLY This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9518-04 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $198,345 WITHIN COMMUNITY &ECONOMIC DEVELOPMENT FUND #212 FOR DISTRIBUTION PURSUANT TO THE U.S. DEPARTMENT OF JUSTICE'S WEED AND SEED GRANT PROGRAM This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3359-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 702 SOUTH CARROLL STREET AND 722 SOUTH 7 REGULAR MEETING JULY 26, 2004 CARROLL STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CURTIS PRODUCTS, INC. WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and, WHEREAS, a Declaratory Resolution declared an area commonly known as 702 South Carroll Street and 722 South Carroll Street, South Bend, Indiana, and which is more particularly described as follows: Lot A Monroe Sample Replat Lot B Monroe Sample Replat Lot G Monroe Sample Replat Lot E Monroe Sample Replat Lot F Monroe Sample Replat and which has Key Numbers 18-3025-0910, 18-3025-0912, 18-3021-0793, 18-3024- 090101, 18-3092-3513, and 18-3025-090401 as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend and the Statement Of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Ms. Renee Hayes, Kruggel, Lawton& Company, 210 S. Michigan St. Suite 200, South Bend, Indiana, made the presentation for this bill. Ms. Hayes informed that she is representing the petitioner Curtis Products, Inc. She indicated that Curtis Products Inc. proposes to purchase manufacturing equipment to add additional production capacity to allow the company to meet new contracts. The total cost is estimated to be $350,000. 8 REGULAR MEETING JULY 26,2004 A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Puzzello made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3360-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1137 SOUTH LAFAYETTE BLVD. AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5)YEAR PERSONAL PROPERTY TAX ABATEMENT FOR EXACTO, INC. OF SOUTH BEND WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and, WHEREAS, a Declaratory Resolution declared an area commonly known as 1137 South Lafayette Blvd., South Bend, Indiana, and which is more particularly described as follows: Beginning at the SW corner of Lot 7, Stull's Second Edition; thence N along the E Right-of-way of an alley a distance of 336.06 Feet + or—to a point; said point being the NW corner of the S %2 of Lot 64, South Bend City Edition; thence E along the northern Boundary of said 1/2 of lot 64 which is on the Western right-of way of Lafayette Blvd.; thence S a distance of 275 feet + or — to the SE corner of Lot 6, Stull's Second Edition; thence, W A Distance of 125 feet to a point; thence S 66 feet to a point; thence, W 40 feet to a point of beginning. All being within the city of South Bend, Country of St. Joseph, State of Indiana. which has Key Numbers 18-8006-0288, 18-8002-0115, 18-8006-0282, 18-8006- 028201, 18-8006-0285, 18-8006-028501 and 18-8002-0116 as an Economic Revitalization Area; under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et sec., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. 9 REGULAR MEETING JULY 26,2004 SECTION II. The Common Council hereby determines that the qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend and the Statement Of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Mr. Matt Jordan, Board of Directors, Director of Marketing & Sales, Exacto Inc., 1213 E. Colfax, South Bend, Indiana made the presentation for this bill. Mr. Jordan stated that Exacto Inc. is a precision machine shop which manufactures machine parts and components for diesel engine fuel injector systems, tubochargers and air compressors for trucks. Mr. Jordan indicated that the new equipment will create additional machine capacity that will allow Exacto to meet increased customer demand. The estimated total cost of the new equipment is $600,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Pfeifer made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine(9) ayes. RESOLUTION NO. 3361-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2820 VIRIDIAN DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5)YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MACK TOOL& ENGINEERING, INC. WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and, WHEREAS, a Declaratory Resolution declared an area commonly known as 2820 Viridian Drive, South Bend, Indiana, and which is more particularly described as follows: A part of the Southeast Quarter of Section 28, Township 38 North, Range 2 East, of the Second Principal Meridian, City of South Bend, St. Joseph County, Indiana and described as follows: Commencing at the Northeast corner of the Southeast Quarter of said Section 28, said point being at the intersection of Bendix and Boland Drives; thence South 89°58'56" West (bearing assumed) along the Southerly right-of-way line of Boland Drive 1242.51 feet to the Point of Beginning; thence South 00°21'33" West, 293.00 feet; thence South 89°58'56" West, 260.00 feet; thence North 00°21'33" East, 293.00 feet; thence North 89°58'56" East, 260.00 feet to the Point of Beginning and containing 1.75 acres, more or less; and is subject to all easements, restrictions and/or covenants of record. 10 REGULAR MEETING JULY 26,2004 and which has Key Number 25-1010-040029 as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend and the Statement Of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Mr. Paul Hartz, Vice President, Mack Tool &Engineering, 15722 Sunrise Trail, Granger, Indiana made the presentation for this bill. Mr. Hartz informed that Mack Tool & Engineering is a precision machine shop, which manufacturer's prototype and experimental parts primarily for use in the medical and aerospace industries. Mr. Hartz stated that they would like to increase its production capacity with the acquisition of new equipment. It is estimated that the total cost of the new equipment will be $1,000,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Varner made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS, FIRST READING BILL NO. 43-04 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF NILES AVENUE, FROM THE NORTH RIGHT OF WAY LINE OF CEDAR STREET TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE 11 REGULAR MEETING JULY 26, 2004 FIRST NORTH/SOUTH ALLEY EAST OF NILES AVENUE, FROM THE NORTH RIGHT OF WAY LINE OF MADISON STREET TO THE SOUTH RIGHT OF WAY OF CEDAR STREET FOR A DISTANCE OF 410 FEET AND A WIDTH OF 14 FEET. ALL BEING A PART OF THE ORIGINAL TOWN OF LOWELL,NOW THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember 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 August 9, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 44-04 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS HIGH COURT FROM THE EAST RIGHT OF WAY OF HIGH STREET TO THE END OF THE STREET,FOR A DISTANCE OF 325 FEET, MORE OR LESS AND A WIDTH OF 50 FEET. BEING A PART OF HIGH INDUSTRIAL PARK SUBDIVISION IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember 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 August 9, 2004. Councilmember Puzzello seconded the motion which carried by a voice vote of nine(9) ayes. BILL NO. 45-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2005 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 13, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 46-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS FOR THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS, AND OTHER MATTERS CONNECTED THEREWITH This bill had first reading. Councilmember Varner made a motion to refer this bill to the Utilities Committee and set it for Pubic Hearing and Third Reading on August 9, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM THE AREA PLAN COMMISSION: 12 REGULAR MEETING JULY 26,2004 It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on July 20, 2004: BILL NO. 35-04 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 4000 BLOCK OF PORTAGE ROAD, COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on August 9, 2004. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS BY MR. JOHN SWANSON CONCERNING CITY WIDE YOUTH CENTER Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, informed the Council that he would like to see a Youth Center for all children to go and play basketball. COMMENTS BY MR. ALBERT MURPHY, JR. CONCERNING STREET LIGHTS Mr. Albert Murphy, Jr., 2801 Arrowhead Drive, South Bend, Indiana, informed the Council that he would like a street light put up in front of his home. He is concerned about the lighting in his neighborhood. He stated that it is dark at night and is worried about the children in the neighborhood. He indicated that he was working with Councilmember Dieter on the situation. However, he may have misunderstood the information that was given to him. ANNOUNCEMENT OF NEXT MEETING DATE Council President White announced that the next meeting of the Common Council will be held on Monday,August 9, 2004. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:20 p.m. ATTEST: ATTEST: _ old oorde, City Clerk ' : en L. White, President 13