Loading...
HomeMy WebLinkAbout01-27-03 Council Meeting MinutesREGULAR MEETING JANUARY 27, 2003 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, January 27, 2003, at 7:00 p.m. The meeting was called to order by Council President Karen L. White and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: James Aranowski 1st District Charlotte Pfeifer 2' District Roland Kelly 3rd District David Varner 5t1i District Ervin Kuspa 6t1i District Sean Coleman At -Large Vice -President Al `Buddy" Kirsits At -Large Karen L. White At -Large President Absent: Karl King 4t" District Chairperson, Committee of the Whole OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney Loretta J. Duda City Clerk Sandra M. Parmerlee 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 January 13, 2003 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Karen L. White s/David Varner Councilmember Coleman made a motion that the minutes of the January 13, 2003 meeting of the Council be accepted and placed on file. Councilmember Kirsits seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 3151-03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REGULAR MEETING JANUARY 27, 2003 WHEREAS, the Common Council recognizes that Eugenia Braboy was a member of the South Bend Common Council from 1984 through 1987, having been the first African -American elected to a District Council seat in the City of South Bend; WHEREAS, while serving as the Chairperson of the Council's Community and Economic Development Committee, Mrs. Braboy was instrumental in overseeing the City's tax abatement program, while also providing valuable input on Enterprise Zone Projects so that quality jobs for inner city residents would be created; and WHEREAS, among some of Mrs. Braboy's other public service commitments included serving on the South Bend Community School Corporation Board of Trustees from 1974-1978; serving on the Hansel Center Board of Directors, serving on the State of Indiana Advisory Commission for Civil Rights; serving on the Urban League Guild, and helping organize and chair the West Washington/Chapin Revitalization Association; and WHEREAS, the Council further recognizes that in 1987 Mrs. Braboy was inducted into the South Bend Community Hall of Fame, and in the Fall of 2002, Mrs. Braboy publicly received the F. Jay Nimtz Exemplary Public Service Award; and WHEREAS, Mrs. Braboy was a faithful member of Grace A.M.E. Zion Church and served others throughout the world by being the Secretary of Supplies for the Women's Home and Overseas Missionary Society. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. On behalf of all of the citizens of South Bend, Indiana, the Common Council hereby publicly commemorates the late EUGENIA BRABOY, a kind and gentle lady who was born on Christmas day in 1910, and who dedicated her life to service, the betterment of others, and to the community and world in which she lived. Section II. The Common Council is indeed grateful to the late EUGENIA BRABOY for leaving a rich and vibrant legacy to our community; which we hope will help brighten the years ahead for her many friends and relatives, but especially for her three (3) grandchildren, five (5) great- grandchildren and four (4) great -great grandchildren. 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/James Aranowski, First District s/Charlotte Pfeifer, Second District s/Roland Kelly, Third District s/Dr. David Varner, Fifth District s/Ervin Kuspa, Sixth District s/Sean Coleman, At Large s/Al "Buddy" Kirsits, At Large s/Karen L. White, At Large ATTEST: s/Kathleen Cekanski-Farrand, Council Attorney P REGULAR MEETING JANUARY 27, 2003 Councilmember Pfeifer made a motion to adopt this Resolution by acclamation. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO.3152-03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMEMORATING THE MANY CONTRIBUTIONS TO OUR COMMUNITY BY THE LATE 2ND DISTRICT COUNCIL MEMBER DONALD M. NIEZGODSKI WHEREAS, the residents of the City of South Bend, Indiana, were deeply saddened by the untimely passing last Fall, of one of our community's public safety leaders and former elected public official, Donald M. Niezgodski; WHEREAS, the Common Council recognizes that Council Member Niezgodski was a member of the South Bend Common Council from 1988 to 1991, as the 2nd District Council Member, and served with distinction as the Council President in 1991; and WHEREAS, prior to his service as an elected public official, Donald M. Niezgodski dedicated his life to "serving and protecting" the residents of the City of South Bend as a member of the South Bend Police Department, retiring as a Detective Sergeant in 1976; and WHEREAS, Donald M. Niezgodski's dedication to public safety included him serving as the Director of Security for the South Bend Community School Corporation, a position he held until his retirement in 1989. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. On behalf of all of the citizens of South Bend, Indiana, the Common Council hereby publicly commemorates the late DONALD M. NIEZGODSKI, a tireless advocate on behalf of public safety officers and programs, and for his many contributions and services to our community as a former 2nd District Council Member of our city. Section II. The Common Council is indeed grateful to the late DONALD M. NIEZGODSKI for leaving a rich public service and public safety legacy to our community; which we hope will help brighten the years ahead for his wife of more than fifty years, Sophia Niezgodski, and their four (4) children Jane Nielson, Julie M. Pastrick, James Niezgodski and Jerry A. Niezgodski. 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/James Aranowski, First District s/Charlotte Pfeifer, Second District s/Roland Kelly, Third District s/Dr. David Varner, Fifth District s/Ervin Kuspa, Sixth District s/Sean Coleman, At Large s/Al `Buddy" Kirsits, At Large s/Karen L. White, At Large REGULAR MEETING JANUARY 27, 2003 Councilmember Coleman read the Resolution in its entirety and presented it to Mrs. Sophia Niezgodski and Mr. Jerry Niezgodski who thanked the Council for this Resolution on behalf of the entire family. Councilmember Coleman also shared a couple reflections of his friendship with Mr. Niezgodski. Councilmember Coleman made a motion to adopt this Resolution by acclamation. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 02-91 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 PORTAGE TOWNSHIP (RONALD AND BEVERLY MATTHYS ANNEXATION AREA) Councilmember Coleman made a motion to strike this bill from consideration at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3153-03 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 GERMAN TOWNSHIP (CLELAND HOMES INC. ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution, and; WHEREAS, the territory proposed to be annexed encompasses approximately 28.15 acres of land containing one house and some older dilapidated farm buildings the remainder of which is vacant, unimproved land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 69% contiguous, generally located on the south side of Brick Road east of and adjacent to the Hartman & DeMaegt Subdivision in German Township, Indiana. This annexation territory is intended to be developed as a single family residential subdivision. Accordingly, the annexation territory will require a basic level of municipal public services, of a non -capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system and a storm water system; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to . REGULAR MEETING JANUARY 27, 2003 effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non -capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries ofthe City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: A parcel of land being a part of the Northwest Quarter of Section 21, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at a point on the North line of said Section 21, a distance of 80.5 feet South 89027'36" East of the Northwest corner of said Northwest Quarter, said beginning point being the Northeast corner of the plat of Hartman and DeMaegt Subdivision as the same is recorded in the office of the Recorder of St. Joseph County, Indiana in Plat Book 27 Page `H'; thence Northerly, parallel with the West line of the Southwest Quarter of the Southwest Quarter of Section 16, Township 38 North, Range 2 East, a distance of 20 feet to the Northerly right-of-way line of Brick Road; thence South 89027'36" East, parallel with said North line of Section 21, a distance of 189.5 feet to the West line of the plat of Reiner's Brick Road Subdivision Minor Plat as the same is recorded in the said office of the Recorder of St. Joseph County, Indiana; thence Northerly, parallel with the West line of the Southwest Quarter of the Southwest Quarter of Section 16, a distance of 30 feet to the Southwest corner of Lot 1 in said Reiner's Subdivision; thence South 89°27' 36" East, parallel with said North line of Section 21, a distance of 100 feet to the Southeast corner of Lot 1 in said Reiner's Subdivision; thence Southerly, parallel with the West line of the Southwest Quarter of the Southwest Quarter of Section 16, Township 38 North, Range 2 East, a distance REGULAR MEETING JANUARY 27, 2003 Northwest corner of said plat of Harvest Pointe Subdivision, Section One; thence South 00°38'27" West, along a West line of said harvest Pointe Subdivision, a distance of 529.38 feet to a corner of Lot 19 in said subdivision; thence North 89°29'09" West, along a North line of said Lot 19, a distance of 138.47 feet to a West line of said Harvest Pointe Subdivision, Section One; thence South 00°36'54" West, along said West line and its Southerly projection, a distance of 490.21 feet to its intersection with a Northerly line of the South Bend City limits; thence North 89°27'36" West, along said Northerly line of the South Bend City limits, a distance of 1102.23 feet to the Southeast corner of said plat of Hartman and DeMaegt Subdivision; thence North 00°40'41" East, along the East line of said Subdivision, a distance of 1019.85 feet to the place of beginning. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non -capital nature, such as police and fire protection, street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system, within four (4) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt The Fiscal Plan as set forth in Exhibit "A," attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides among other things, that virtually all capital improvements required to service the annexation area with the exception of looping the existing water main lines, will be planned, provided, and paid for by the developer subject to compliance with state and local law. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s/Karen L. White Member, South Bend Common Council Councilmember Kuspa reported that the Zoning & Annexation Committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Larry Magliozzi, Division of Community Development, no address given, made the presentation for this Resolution. Mr. Magliozzi advised that this Fiscal Plan represents not only the City's willingness but its ability . REGULAR MEETING JANUARY 27, 2003 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 Coleman made a motion to adopt this Resolution. Councilmember Aranowski seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. MAYOR'S STATE OF THE CITY ADDRESS From 7:24 p.m. to 8:25 p.m. Mayor Stephen J. Luecke presented to the Council the annual State of the City address. A written copy of the Mayor's address is available in the City Clerk's office and on the official City of South Bend website. RECESS Councilmember Coleman made a motion for a five (5) minute recess following the Mayor's presentation. Councilmember White seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 8:30 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 eight (8) ayes. Vice - President Sean Coleman presiding, in the absence of Councilmember Karl King, Chairperson, Committee of the Whole. Councilmember Coleman advised that this is the Public Hearing portion of the meeting in which bills will be read by the City Clerk. After the reading of the bills, the presenter will be asked to speak on behalf of the bill that the Council has under consideration. In cases where the bills relate to zoning matters, there will be a report from the Area Plan Commission staff. After the presentation, those interested in speaking on behalf of the bill are invited to speak followed by those in opposition to the bill. After that period, there is an opportunity for a five (5) minute rebuttal by the presenter. The meeting will then proceed to the Council portion of the Public Hearing where Councilmembers will discuss the bill and move for its disposition. BILL NO. 72-02 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 PORTAGE TOWNSHIP CONTIGUOUS THEREWITH; RONALD & BEVERLY MATTHYS LLC, AN INDIANA LIMITED LIABILITY COMPANY, 57500 BLOCK OF MAYFLOWER ROAD, SOUTH BEND, INDIANA Councilmember Coleman advised that there has been a request by the petitioner to strike this bill from consideration. Therefore, Councilmember Pfeifer made a motion to strike this bill. REGULAR MEETING JANUARY_27, 2003 PETITION OF JUSTINE DEMAEGT, OWNER, AND CLELAND HOMES, INC., CONTINGENT PURCHASER, TO ANNEX PROPERTY BOUNDED ON THE NORTH BY BRICK ROAD, ON THE SOUTH BY THE SOUTH BEND CITY LIMITS, ON THE WEST BY THE HARTMAN AND DEMAEGT SUBDIVISION AND ON THE EAST BY THE HARVEST POINTE SUBDIVISION Councilmember Kuspa reported that the Zoning & Annexation Committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Feeney advised that this piece of property is approximately twenty- seven (27) acres on the south side of Brick Road between the Harvest Pointe Subdivision and DeMaegt Subdivision. The proposal is to construct approximately one hundred (100) homes which represent an investment of $1.2 million on the part of the developer for infrastructure costs alone excluding any property costs. The expected end value of this construction when the homes have been completed would be in excess of $10 million. Mr. Feeney noted that sewer and water will be extended from nearby points of availability in Harvest Pointe as well as adjacent industrial sites. This construction will add approximately one (1) mile of new roads. He further noted that they expect that storm water will be retained on the site in retention areas located throughout the development. Also, they expect to file the preliminary plat with the Area Plan Commission within the next few weeks and hope to have construction plans ready for the start of construction this spring on Phase I of this project. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Aranowski advised that the First District welcomes this new addition and he therefore made a motion for favorable recommendation to the full Council with third reading of this bill on February 10, 2003. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 101-02 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF JEFFERSON BLVD. BETWEEN MAIN STREET AND LAFAYETTE STREET & ALSO THE FIRST NORTH -SOUTH ALLEY WEST OF MAIN STREET RUNNING BETWEEN JEFFERSON BLVD. TO THE SOUTH RIGHT-OF-WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF JEFFERSON BLVD. 0 REGULAR MEETING JANUARY 27, 2003 Mr. Bill Schalliol, City of South Bend Department of Community and Economic Development, 215 Hackberry Drive, Mishawaka, Indiana, made the presentation for this bill. Mr. Schalliol noted that the ordinance proposes to vacate three (3) portions of an alley on the block bounded by Jefferson on the north. He further noted that they are asking to vacate the three (3) sections today and as part of Section 2 (b), they are asking to close the third section of the alley which is indicated on the maps as Section C at a future time with a future Resolution. 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 Varner made a motion to send the second substitute version of this bill to the full Council favorably. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 4-03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING PARKING RATES FOR PARKING GARAGES AND PARKING LOTS OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA Councilmember Aranowski made a motion to continue this bill until the February 10, 2002 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Pfeifer made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTES ATTEST: oretta Vda,' Py Clerk Sean Coleman, Vice -President in the absence of Councilmember Karl King, 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 8:39 p.m. Council President Karen L. White presided with eight (8) members present. REGULAR MEETING JANUARY 27, 2003 MAIN STREET AND LAFAYETTE STREET & ALSO THE FIRST NORTH -SOUTH ALLEY WEST OF MAIN STREET RUNNING BETWEEN JEFFERSON BLVD. TO THE SOUTH RIGHT-OF-WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF JEFFERSON BLVD. This bill had third reading. Councilmember Coleman made a motion to entertain the second substitute version of this bill as was heard in the Committee of the Whole. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Coleman made a motion for the passage of second substitute Bill No. 101-02. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS BILL NO. 03-1 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1850 NORTH SHERIDAN AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR EDISON LAKEVIEW ASSOCIATES AND ADVANTAGE PUCK TECHNOLOGIES BILL NO. 03-2 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1850 NORTH SHERIDAN AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ADVANTAGE PUCK TECHNOLOGIES Councilmember Coleman made a motion to combine these bills for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3154-03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1850 NORTH SHERIDAN AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR EDISON LAKE VIEW ASSOCIATES AND ADVANTAGE i REGULAR MEETING JANUARY 27, 2003 Parcel I - Tax Key Number 18-2184-693808 - South Part' Lot 9-A, Sec. 33-38-2E Parcel 2 - Tax Key Number 25-1006-029901 - SW 1-4 of the NE 1-4, Sec. 33-38-2E 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 Real 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 Real property tax deduction for a period of three (3) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et. sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Karen L. White Member of the Common Council RESOLUTION NO. 3155-03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1850 NORTH SHERIDAN AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ADVANTAGE PUCK TECHNOLOGIES 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 REGULAR MEETING as an Economic Revitalization Area; and JANUARY 27, 2003 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 complies 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 approved by the Mayor. s/Karen L. White Member of the Common Council Ms. Lorraine Ryder, 13714 Woods Trail, Granger, Indiana, made the presentation for these Resolutions. Ms. Ryder advised that Advantage Puck Technologies is the manufacturer of injection molded plastic pieces used to hold various size metal, glass and plastic containers used primarily in the cosmetics industry. The plastic holders are designed to stabilize the containers during labeling, filling, and/or the capping processes. Advantage Puck is currently in the process of purchasing the former Canteen Services building located on North Sheridan Avenue. The building will be completely renovated and a ten thousand (10,000) square foot addition will be constructed. The total cost of the building addition is estimated at two hundred seventy thousand dollars ($270,000.00). In addition to the building expansion project, Advantage Puck will expand its production capabilities with the purchase and/or lease of two (2) to three (3) new injection molding machines, new grinders, lathes and mills. The total cost for the new equipment is estimated at two hundred fifty thousand dollars ($250,000) which makes the total project cost approximately five hundred twenty thousand dollars ($520,000.00) . It is estimated that this project will create between four (4) and six (6) new permanent jobs within the first year representing a new annual payroll of between one hundred twenty -thousand dollars ($120,000) and one hundred eighty -thousand dollars REGULAR MEETING JANUARY 27, 2003 Councilmember Coleman made a motion to adopt Bill No. 03-1. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. Councilmember Coleman made a motion to adopt Bill No. 03-2. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3156-03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT NUMBERS 100 THROUGH 129 ROYAL OAK ESTATES SUBDIVISION, SECTION 2, RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR D & H HOME BUILDERS, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as Lots 100 through 129 Royal Oak Estates Subdivision, Section 2, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description 747 Pulling St. Lot 100 Royal Oak Estates, Section 2 765 Pulling St. Lot 101 Royal Oak Estates, Section 2 773 Pulling St. Lot 102 Royal Oak Estates, Section 2 797 Pulling St. Lot 103 Royal Oak Estates, Section 2 805 Pulling St. Lot 104 Royal Oak Estates, Section 2 or 6027 Boxwood Dr. East (corner lot) 6009 Boxwood Dr. East Lot 105 Royal Oak Estates, Section 2 5919 Boxwood Dr. East Lot 106 Royal Oak Estates, Section 2 5903 Boxwood Dr. East Lot 107 Royal Oak Estates, Section 2 5859 Boxwood Dr. East Lot 108 Royal Oak Estates, Section 2 5843 Boxwood Dr. East Lot 109 Royal Oak Estates, Section 2 5835 Boxwood Dr. East Lot 110 Royal Oak Estates, Section 2 5809 Boxwood Dr. East Lot I I I Royal Oak Estates, Section 2 5777 Boxwood Dr. East Lot 112 Royal Oak Estates, Section 2 5766 Boxwood Dr. East Lot 113 Royal Oak Estates, Section 2 5788 Boxwood Dr. East Lot 114 Royal Oak Estates, Section 2 5810 Boxwood Dr. East Lot 115 Royal Oak Estates, Section 2 5840 Boxwood Dr. East Lot 116 Royal Oak Estates, Section 2 5854 Boxwood Dr. East Lot 117 Royal Oak Estates, Section 2 5906 Boxwood Dr. East Lot 118 Royal Oak Estates, Section 2 5920 Boxwood Dr. East Lot 119 Royal Oak Estates, Section 2 Key Number 23-1018-038157 23-1018-038158 23-1018-038159 23-1018-038160 23-1018-038161 23-1018-038162 23-1018-038163 23-1018-038164 23-1018-038165 23-1018-038166 23-1018-038167 23-1018-038168 23-1018-038169 23-1018-038170 23-1018-038171 23-1018-038172 23-1018-038173 23-1018-038174 23-1018-038175 23-1018-038176 REGULAR MEETING JANUARY 27, 2003 788 Pulling Street Lot 127 Royal Oak Estates, Section 2 23-1018-038184 764 Pulling Street Lot 128 Royal Oak Estates, Section 2 23-1018-038185 742 Pulling Street Lot 129 Royal Oak Estates, Section 2 23-1018-038186 as a Residentially Distressed 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 a residentially distressed 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 determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as ■ REGULAR MEETING JANUARY 27, 2003 A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor; and effective upon the completion of the annexation of said real estate into the corporate limits of South Bend, Indiana. s/Karen L. White Member of the Common Council Councilmember Coleman made a motion to entertain the substitute version of this Resolution as on file with the Clerk. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of D & H Home Builders, Inc., the developers of the Royal Oak Estates Subdivision. Mr. Feeney noted that the property for which tax abatement is being requested is located on the south side of Johnson Road between Miami and Fellows Streets. This proposed action would cover thirty (30) lots located in Phase II of the subdivision. Phase II has had all of the infrastructure installed at this point. The final plat for this subdivision has been approved and the developer is waiting on the Declaratory Resolution to begin selling the homes. REGULAR MEETING JANUARY 27, 2003 RESOLUTION NO. 3157-03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3432, 3431, 3423, 3409, 3359, 3335, 3230, 3352, 3344 AND 3424 TOPSFIELD ROAD, 3418, 3426, 3434, 3440 AND 3433 MEADOW HILL DRIVE, AND 3374 DEER LAKE DRIVE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TOPSFIELD ROAD DEVELOPMENT CORPORATION WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3432, 3431, 3423, 3409, 3359, 3335, 3230, 3352, 3344 AND 3424 Topsfield Road, 3418, 3426, 3434, 3440 and 3433 Meadow Hill Drive, and 3374 Deer Lake Drive, South Bend, Indiana, and which is more particularly described as follows: Street Address: 3432 Topsfield Road 3431 Topsfield Road 3423 Topsfield Road 3409 Topsfield Road 3359 Topsfield Road 3335 Topsfield Road 3230 Topsfield Road 3418 Meadow Hill Drive 3426 Meadow Hill Drive 3434 Meadow Hill Drive 3440 Meadow Hill Drive 3433 Meadow Hill Drive 3352 Topsfield Road 3344 Topsfield Road 3374 Deer Lake Drive 3424 Topsfield Road Legal Description: Key Number: Lot 1, Section 2, Topsfield 26-1001-000149 Lot 2, Section 2, Topsfield 26-1001-000150 Lot 3, Section 2, Topsfield 26-1001-000151 Lot 5, Section 2, Topsfield 26-1001-000153 Lot 6, Section 2, Topsfield 26-1001-000154 Lot 9, Section 2, Topsfield 26-1001-000157 Lot 13, Section 2, Topsfield 26-1001-000135 Lot 25, Section 2, Topsfield 26-1001-000162 Lot 26, Section 2, Topsfield 26-1001-000163 Lot 27, Section 2, Topsfield 26-1001-000164 Lot 28, Section 2, Topsfield 26-1001-000165 Lot 29, Section 2, Topsfield 26-1001-000166 Lot 35-13, Section 2, Topsfield 26-1001-000172 Lot 36-13, Section 2, Topsfield 26-1001-000173 Lot 48, Section 2, Topsfield 26-1001-000179 Lot 49, Section 2, Topsfield 26-1001-000180 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common . REGULAR MEETING 6-1.1-12.1 et seq., for tax abatement. JANUARY 27, 2003 SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality ofbenefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. REGULAR MEETING JANUARY 27, 2003 Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. 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 Councilmember Kelly reported that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Jim Rans, 16789 Brick Road, South Bend, Indiana, made the presentation for this bill. Mr. Rans advised that on April 27, 1998, the Council granted a five (5) year residential real property tax abatement to Topsfield Road Development Corporation. The abatement assisted the developer in selling and developing twenty nine (29) lots in the Deer Run at Topsfield Subdivision. The abatement is due to expire in April of this year and the petitioner is now seeking abatement on the sixteen (16) remaining lots. The Deer Run at Topsfield Subdivision is located on the northeast corner of Ironwood and Inwood Roads on South Bend's south side. The project started out with forty-nine (49) lots, of which thirty-three (33) have now been built upon. The sixteen (16) remaining lots will feature home sites with a minimum of two thirds of an acre and homes will be a minimum of two thousand nine hundred (2,900) square feet each. The average price for each home is estimated at four hundred thousand dollars ($400,000.00) making the total project approximately six million four hundred thousand dollars ($6,400,000.00). ■ REGULAR MEETING JANUARY 27, 2003 RESOLUTION NO. 3158-03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 525 ST. VINCENT STREET, 613 CORBY STREET, AND 905 AND 907 ST. LOUIS STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the areas commonly known as 525 St. Vincent Street, 613 Corby Street, and 905 and 907 St. Louis Street, South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 525 St. Vincent Street SE Cor E %2 Lot 144, Sorin's 2nd Add. 18-5110-3921 613 Corby Street W %2 Lot 12, Fogarty's Sub of Lot 149 18-5108-3846 905 St. Louis Street S %2 Lot 11, Fogarty's Sub of Lot 149 18-5108-3845 907 St. Louis Street N %2 Lot 11, Fogarty's Sub of Lot 149 18-5108-3844 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seci., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or REGULAR MEETING JANUARY 27, 2003 D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana ■ REGULAR MEETING JANUARY 27, 2003 SECTION X. 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 Councilmember Kelly reported that the Community and Economic Development Committee held a Public Hearing on this bill and voted to send it to the Council with a favorable recommendation Mr. Mike Urbanski, 17874 State Road 23, South Bend, Indiana, made the presentation for this Resolution on behalf of South Bend Heritage Foundation. Mr. Urbanski advised that this project is similar to what was started three (3) or four (4) years ago in the West Washington Street area. They are not leaving the area but are moving to the northeast neighborhood. He stated that these houses will be of the same type of construction but larger and will match the neighborhood. 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 Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS - FIRST READING BILL NO. 5-03 'FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY REPLACING IN ITS ENTIRETY ARTICLE 6 ENTITLED TAX ABATEMENT PROCEDURES This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on February 10, 2003. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 6-03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND DESIGNATING THE STRUCTURES AND REAL PROPERTY LOCATED AT 1021 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA, A LOCAL HISTORIC LANDMARK This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Zoning and REGULAR MEETING JANUARY 27, 2003 SOUTH BEND, INDIANA, A LOCAL HISTORIC LANDMARK This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 10, 2003. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 8-03 FIRST READING 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 GERMAN TOWNSHIP CONTIGUOUS THEREWITH; SALAH & CYNTHIA HILAL II, 52447 PORTAGE ROAD, SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Second Reading and Public Hearing on February 24, 2003 and Third Reading on March 10, 2003. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 9-03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2003 INCLUDING $4,769,866 FROM THE GENERAL FUND, $1,260,517 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $105,376 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $11,480,276 FROM THE COUNTY OPTION INCOME TAX FUND, $1,962,556 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $419,222 EMS CAPITAL, $121,336 FROM THE MORRIS PERFORMING ARTS CENTER CAPITAL FUND, $513,768 FROM THE PARKS AND RECREATION FUND, $350,569 FROM THE PARKS NON -REVERTING CAPITAL FUND, $260,182 FROM THE PARK RECREATION NON -REVERTING FUND, $20,000 ETHNIC FESTIVAL, $35,000 FROM THE EAST RACE WATERWAY FUND, $344,000 COVELESKI STADIUM, $10,000 FROM THE CITY CEMETERY TRUST FUND, $1,297,282 FROM THE LOCAL ROADS AND STREETS FUND, $12,100 FROM THE PROJECT RELEAF FUND, $31,700 FROM THE CONSOLIDATED BUILDING DEPARTMENT FUND, $25,400 SOLID WASTE, $3,795,539 FROM THE WATER WORKS DEPRECIATION FUND, AND $2,276,334 FROM THE SEWAGE WORKS DEPRECIATION FUND ■ REGULAR MEETING JANUARY 27, 2003 BILL NO. 10-03 FIRST READING ON A BILL AMENDING CHAPTER 2, ARTICLE 17 OF THE SOUTH BEND MUNICIPAL CODE PROVIDING FOR A DEPOSIT PRIOR TO ADVERTISING FOR SALE OF PROPERTY This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on February 10, 2003. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION: 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 January 21, 2003: BILL NO. 103-02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3511 LINCOLN WAY WEST, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 10, 2003. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. REQUEST TO WITHDRAW BILL NO. 79-02 AMEND CODE -CHAPTER 21 TO PROVIDE DIRECT ENFORCEMENT PROCEDURES FOR CERTIFICATE OF APPROPRIATENESS AND MINIMUM MAINTENANCE VIOLATIONS Councilmember Coleman made a motion to strike Bill No. 79-02 at the request of the petitioner. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS There was no new business to come before the Council at this time. REGULAR MEETING JANUARY 27, 2003 ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:59 p.m. ATTEST: Lorett da, Ci y lerk WT: �ein K en L. White, Presi ent 1