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HomeMy WebLinkAbout02-28-00 Council Meeting MinutesREGULAR MEETING FEBRUARY 28, 2000 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, February 28, 2000, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski 1st District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Karl King 4th District David Varner 5th District Andrew Ujdak 6th District Sean Coleman At -Large Al `Buddy" Kirsits At -Large Karen L. White At -Large Absent: None Vice - President President Chairperson, Committee of the Whole REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the February 14, 2000 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s/David Varner Councilmember Coleman made a motion that the minutes of the February 14, 2000 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 2841 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE MONTH OF MARCH AS DISABILITY AWARENESS MONTH AND COMMENDING AND HONORING CHIARA HOME, INC. FOR PROVIDING RESPITE CARE FOR PEOPLE WITH SPECIAL NEEDS WHEREAS, the South Bend Common Council acknowledges that the Americans with Disabilities Act was signed into law in 1990 by then President George Bush; and WHEREAS, this federal law established civil rights protections which has fostered awareness in four (4) major areas, namely: Employment under Title I, Public Services and Transportation under Title II, Public Accommodations under Title III, and Telecommunications under Title IV; and which further provides for "...a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities "; and WHEREAS, one of the best examples of a local organization which provides respite care to individuals with developmental disabilities, mental disorders and/or special needs is Chiara Home, Inc. which is located at 1105 West Jefferson Boulevard in South Bend; and WHEREAS, Chiara Home, Inc. is available 24 -hours a day, 7 days a week for guests of all REGULAR MEETING FEBRUARY 28, 2000 ages; provides services regardless of ones ability to pay; sponsors home and community based recreational activities to encourage self - confidence; provides supportive care to help reinforce social skills; and provides normalized activities in both play and conversation; and WHEREAS, since 1993, Chiara Home, Inc. has provided special respite care services to over 130 families residing in the Michiana area, with this figure representing a twenty percent (20 %) increase in the need for such services each year in our community. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all the citizens of the City of South Bend, Indiana, the Common Council hereby publicly declares the month of March 2000 as "DISABILITY AWARENESS MONTH" in South Bend, Indiana. Section II. The Council notes that there have been many advancements since the ADA was passed in 1990; and wishes to acknowledge in particular some of the many contributions made by the not - for - profit organization, CHIARA HOME, INC., under the day -to -day direction of its co- founder, Sister Gretchen Clark, whose many services exemplify the stated goals of the Americans with Disabilities Act. Section III. The Common Council wishes to highlight that the respite care provided by the dedicated staff and volunteers of Chiara Home, Inc. "allows a person with special needs to remain as independent as possible, postpones or prevents institutionalization, lessens the potential for abuse and neglect, and provides much needed support for families to remain together as functioning units in our community." Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s /Charlotte Pfeifer, Second District s/Roland Kelly, Third District s/Karl King, Fourth District s/David Varner, Fifth District ATTEST: s /Loretta J. Duda, City Clerk s /Andrew Ujdak, Sixth District s /Sean Coleman, At Large s /Al `Buddy" Kirsits, At Large s/Karen L. White, At Large s/Kathleen Cekanski- Farrand Council Attorney s /Stephen J. Luecke, Mayor Councilmember Ujdak made the presentation for this Resolution by reading it in its entirety and presenting it to Sister Gretchen Clark of Chiara Home, Inc. Sister Gretchen thanked the Council on behalf of the Board of Directors. She stated that they are blessed to have this ministry. Present with Sister Gretchen were two (2) guests of Chiara Home along with a parent of one of the guests. Ms. Sally Hamburg, parent of one of the guests, informed the Council that as a parent she appreciates their appreciation of Chiara Home and stated that Sister Gretchen is a gem. A Public Hearing was held on this Resolution at this time. There was no one present wishing to speak either in favor of or in opposition to this Resolution. Therefore, Councilmember Coleman made a motion to adopt this Resolution. Councilmember REGULAR MEETING FEBRUARY 28, 2000 Ujdak seconded the motion which carried by acclamation. Council President Pfeifer stated that she is honored to have Chiara Home in the second district. PRESENTATION BY LARRY DWYER FROM BAHI'L FAITH Mr. Larry Dwyer of the Bahi'1 Faith was not present this evening to address the Council. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:13 p.m. Councilmember Kelly made a motion to resolve into the Committee of the Whole. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Ujdak presiding. BILL NO. 17 -00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY SOUTH OF SHERWOOD STREET FROM THE EAST RIGHT -OF -WAY OF THE FIRST NORTH/SOUTH ALLEY WEST OF MICHIGAN STREET TO THE WEST RIGHT -OF -WAY OF MICHIGAN STREET FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Felipe Merino, 757 % Lincolnway East, South Bend, Indiana, made the presentation for this bill on behalf of the Petitioner, Mr. William G. Howell, President, Calvary Temple, 3717 South Michigan Street, South Bend, Indiana. Mr. Merino informed the Council that this vacation is requested as this alley currently does not exist. 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 Coleman 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. 24-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: TUTT STREET FROM THE WEST RIGHT -OF -WAY OF MAIN STREET TO THE EAST RIGHT -OF -WAY OF LAFAYETTE STREET FOR A DISTANCE OF APPROXIMATELY 338.67 FEET AND A WIDTH OF 50 FEET. PART LOCATED IN THE STUDEBAKER CORRIDOR 1ST & 3P-D MINOR SUBDIVISIONS AND THE GARST 1ST ADDITION, CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA Councilmember Coleman made a motion to continue this bill until the March 13, 2000, meeting of the Council at the request of the Petitioner. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 10 -00 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 3016 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA 1 REGULAR MEETING FEBRUARY 28, 2000 Councilmember Aranowski made a motion to continue this bill until the April 10, 2000, meeting of the Council. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 11 -00 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE ANGELA BOULEVARD BRIDGE LOCATED ACROSS THE ST. JOSEPH RIVER AT ANGELA BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to continue this bill until the March 13, 2000, meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 12 -00 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 528 S. EDDY STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Oxian, 742 Sancome Street, South Bend, Indiana, President, Historic Preservation Commission, 227 West Jefferson Boulevard, Room 1123, South Bend, Indiana, made the presentation for this bill. Mr. Oxian indicated that this property is known as Jefferson School and is located at 528 Eddy Street. The building, construction in 1930, is of the neo classical style which was popular for school buildings at that time. The building was designed by local architect Ernest W. Young. Mr. Oxian noted that this building is rated a significant twelve (12) in the Indiana Historic Sites and Structures Inventory. At its Public Hearing held on January 17, 2000 the Historic Preservation Commission recommended to the Council the historic designation of this property. 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 address the Council either in favor of or in opposition to this bill, Councilmember Kelly made a motion to send this bill to the full Council favorably. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 13 -00 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1917 CEDAR STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Oxian, 742 Sancome Street, South Bend, Indiana, President, Historic Preservation Commission, 227 West Jefferson Boulevard, Room 1123, South Bend, Indiana, made the presentation for this bill. Mr. Oxian advised that this house, built in 1927, is an excellent example of the Tudor revival style. Upon completion the house was sold to William Steinmetz who resided there until 1936. Mr. Oxian noted that this building is rated a significant twelve (12) in the Indiana Historic Sites and Structures Inventory. At its Public Hearing held on January 17, 2000 the Historic Preservation REGULAR MEETING FEBRUARY 28, 2000 Commission recommended to the Council the historic designation of this property. 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 address the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion to send this bill to the full Council favorably. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 16 -00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 17 -46 AND 17 -47 AND ADDING A NEW SECTION TO THE SOUTH BEND MUNICIPAL CODE, SECTION 17 -46.4 REGARDING NONRECURRING CHARGES FOR CUSTOMERS OF THE SOUTH BEND WATER WORKS Councilmember Kirsits reported that the Utilities Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John F. Stancati, Director, South Bend Water Works, 209 North Main Street, Suite 207, South Bend, Indiana, made the presentation for this bill. Mr. Stancati informed the Council that this ordinance changes the Rules and Regulations and affects services other than water usage rates. The ordinance changes fees and charges that will be incurred only on an isolated basis and they are therefore referred to as nonrecurring charges. Also added is the hydrant rental fees for the County. Council Attorney Kathleen Cekanski- Farrand inquired of Mr. Stancati if he did not believe it would be appropriate to amend Section V of this ordinance in light of the fact that these changes need to be approved by the Indiana Utility Regulatory Commission as they have the final approval of these rates. Mr. Stancati agreed and the following amendment was offered by Ms. Cekanski- Farrand: Section V is amended as follows: After the words Common Council add a "," and drop the "and." After the word Mayor, add a "," and add "and approval by the Indiana Utility Regulatory Commission." Therefore, Section V should now read as follows: Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval of the Mayor, and approval by the Indiana Utility Regulatory Commission. Councilmember Varner made a motion to accept the amendment as presented. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. 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 address the Council either in favor of or in opposition to this bill, Councilmember Aranowski made a motion to send this bill to the full Council favorably, as amended. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING FEBRUARY 28, 2000 BILL NO. 19-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A NEW ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET FEES FOR PUBLIC RECORDS Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Council Attorney Kathleen Cekanski - Farrand offered the following amendments to this bill: In Section 2- 210(a) (1) the amount should be changed from $0.09 to $0.10. In this same section a new item number 13 is added as follow: 13. Fire/EMS Report $3.00 Additionally, immediately after Section 2- 210(c) and before Section II, the following new items are added: (d) Any fees collected pursuant to this section by the South Bend Police Department shall be deposited into the South Bend Regional Police Academy Fund for training supplies and equipment as further addressed in §2 -165 of the South Bend Municipal Code. (e) Any fees collected pursuant to this section by the South Bend Fire Department shall be deposited into the E.M.S. capital fund for capital purchases and leases of E.M.S. equipment, firefighting equipment and fire station repairs as further addressed in §9 -17 of the South Bend Municipal Code Councilmember Coleman made a motion to accept the amendment as presented. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Jeff Jankowski, Deputy City Attorney, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Jankowski informed the Council that the new fees as outlined in the ordinance are the result of a study whereby departments looked at what they had to do in regards to the particular request and these fees reflect that. The City has received an unofficial option from the Public Access Counselor's office in Indianapolis that they believe the fees are fair and reasonable. Mr. Jankowski noted that they have compared these fees to other cities and found that these fees are lower. 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 address the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion to send this bill to the full Council favorably a amended. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 20-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTERS 4, 5, AND 10 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR SOME OF THE LICENSING FEES GOVERNED BY THE CITY OF SOUTH BEND Council Member Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Council Attorney Kathleen Cekanski - Farrand offered the following amendment to this bill: REGULAR MEETING FEBRUARY 28, 2000 Amend Section 4 -18 to read in its entirety as follows: Sec. 4 -18 Annual Licensing Report and Review of License Fees. a. On or before November 1" of each year, the Office of the City Controller shall provide a written "Annual Licensing Fee Report." Said report shall provide a cost/benefit analysis for license fees changed by the City. A summary for each fee and criteria used for all recommended changes shall be included. b. The Common Council shall review all license fees charged by the City. The Personnel and Finance Committee shall recommend to the Common Council on an annual basis any proposed changes following the review of the Annual Licensing Fee Report. All fees shall be reasonably related to the cost incurred by the City in regulating activities requiring a license to operate. The above language would be included as a new Section XXV with the current and last section of the bill being Section XXVI. Councilmember Coleman made a motion to accept the amendment as presented. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Ms. Ann Carol Nash, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Nash informed the Council that this bill adjusts the fees for various licenses based on costs the City incurs which were the result of a cost analysis. She noted that page eight (8) of the bill summaries the change in fees. 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 address the Council either in favor of or in opposition to this bill, Councilmember Aranowski made a motion to send this bill to the full Council favorably as amended. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 18-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND CHANGING THE NAME OF THE STRUCTURE NOW KNOWN AS THE MORRIS CIVIC AUDITORIUM TO THE MORRIS PERFORMING ARTS CENTER AND FIXING THE TICKET SURCHARGE RATE Councilmember Coleman reported that the Parks and Recreation Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Coleman made motion to hear the substitute version of this bill. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Jeff Jankowski, Deputy City Attorney, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Jankowski informed the Council that this bill changes the name of the Morris Civic Auditorium to the Morris Performing Arts Center which more accurately reflects the activity of the Center. Secondly, the bill establishes a one dollar ($1.00) surcharge to the price of each ticket. The exception to that is when the event is to the benefit of children. Those ticket prices are exempt from this surcharge. This being the time heretofore set for the Public Hearing on the above bill, proponents and REGULAR MEETING FEBRUARY 28.2000 opponents were given an opportunity to be heard. Mr. Jim Ciermiak, 1156 East Victoria, South Bend, Indiana, asked for an estimate of how much the City would accrue from this surcharge on a yearly basis. Mr. Jankowski advised that that question is difficult to answer as the Morris has been closed for the last two (2) years for renovation. When the surcharge of one dollar ($1.00) is in place the amount generated would be double. He stated that any dollar amounts from the Morris beyond the last two years would no longer be accurate. The current surcharge in place is fifty cents ($.50) per ticket. There was no one else present wishing to speak in favor of this bill and no one was present to speak in opposition to this bill. Therefore, Councilmember Kelly made a motion to send this bill to the full Council favorably, as substituted. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Coleman noted that with the new expanded Morris Performing Arts Center the City will have the opportunity to bring in larger shows which will bring in larger audiences. This benefit will provide funds to take care of smaller capital items. BILL NO. 23-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING AND RESTATING ORDINANCE NO. 9027 -99, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED TWO MILLION SIX HUNDRED THOUSAND DOLLARS ($2,600,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH Councilmember Kirsits reported that the Utilities Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Kirsits made motion to hear the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Philip J. Faccenda, Jr., Barnes & Thornburg, 600 1st Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation for this bill. Mr. Faccenda advised that this is an amendment to an ordinance passed by the Council on August 23, 1999. He noted that the bonds to date have not been issued but it is anticipated that they will be sold to the State of Indiana which is better than the open market. This ordinance, however, provides for a slightly higher principal amount and interest rate in the event that the Bonds are sold at a public sale. The increased principal amount also reflects a minor revision in the original proj ect to include an on -site sodium hyprochlorite generation system. 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 address the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion to send this bill to the full Council favorably as substituted. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING FEBRUARY 28, 2000 BILL NO. 14-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $13,000.00 FROM THE ETHNIC FESTIVAL NON - REVERTING FUND (FUND NO. 272) Councilmember Aranowski reported that the Personnel &Finance Committee met on this bill and . sends it to the Council with a favorable recommendation. Ms. Susan O'Connor, Recreation Director, South Bend Parks & Recreation Department, 727 South Eddy Street, South Bend, Indiana, made the presentation for this bill. Ms. O'Connor indicated that this bill appropriates thirteen thousand dollars ($13,000.00) from the Ethnic Festival Non - Reverting Fund. The improvements proposed include increasing electrical capacity along Jefferson Boulevard and reconstruction of temporary water feeds for vendors. These improvements are part of an ongoing process to maintain the Ethnic Festival as an exciting, family - friendly event. 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 address the Council either in favor of or in opposition to this bill, Councilmember King made a motion to send this bill to the full Council favorably. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 15-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $10,000.00 FROM THE RECREATION NON - REVERTING FUND (FUND NO. 203) Councilmember Coleman reported that the Parks and Recreation Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Susan O'Connor, Recreation Director, South Bend Parks & Recreation Department, 727 South Eddy, South Bend, Indiana, made the presentation for this bill. Ms. O'Connor stated that this bill appropriates ten thousand dollars ($10,000.00) from the Recreation non - reverting fund. This appropriation is being made from funds generated from softball revenues. These funds will be used to purchase two (2) twenty (20) by twenty (20) tents for use during softball tournaments. This is part of an ongoing process to maintain a first class facility for players and fans at Belleville Softball Complex. 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 address the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion to send this bill to the full Council favorably. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO.21 -00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $21,300.00 FROM THE INDIANA RIVER RESCUE FUND (FUND #291) Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Kirsits informed the Council that as a point of order he would ask for a legal opinion from Council Attorney Kathleen Cekanski- Farrand of whether there is a conflict of interest in his voting on these bills because he is an employee of the South Bend Fire Department, a River REGULAR MEETING FEBRUARY 28.2000 Rescue instructor and in regards to Bill No. 22 -00 he is a Haz -Mat Tech but not a member of the team. Council Attorney Kathleen Cekanski - Farrand advised that she has prepared an advisory legal opinion which she has distributed to the Council, Fire Chief Luther Taylor and the City Attorney's office after consultation with the Indiana Ethics Commission. She noted that in these instances, because Councilmember Kirsits is a member of the South Bend Fire Department, these types of matters will be looked at on a case by case basis. However, for the purposes of this evenings business at hand, it has been found that Councilmember Kirsits does not have a legal conflict of interest and he has the right to vote on these items and participate in discussions. Battalion Chief Jim Lopez, South Bend Fire Department, 701 West Sample Street, South Bend, Indiana, made the presentation for this bill. Chief Lopez stated that this appropriation is for purchases for the Fire Department for this year as outlined in the attachment to the bill. 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 address the Council either in favor of or in opposition to this bill, Councilmember White made a motion to send this bill to the full Council favorably. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 22-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $8,350.00 FROM THE HAZ- MAT FUND (FUND #289) Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with a favorable recommendation. Battalion Chief Jim Lopez, South Bend Fire Department, 701 West Sample Street, South Bend, Indiana, made the presentation for this bill. Chief Lopez asked for the Council's favorable consideration of this appropriation for the year 2000. 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 address the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion to send this bill to the full Council favorably. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Coleman made 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: ATT Lore a J. DuM, City Jerk Andre airper Committee of th Whole REGULAR MEETING FEBRUARY 28.2000 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 7:50 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9098 -00 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY SOUTH OF SHERWOOD STREET FROM THE EAST RIGHT -OF -WAY OF THE FIRST NORTH /SOUTH ALLEY WEST OF MICHIGAN STREET TO THE WEST RIGHT -OF -WAY OF MICHIGAN STREET FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9089 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 528 S. EDDY STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Aranowski 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. 9090 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1917 CEDAR STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9091 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 17 -46 AND 17 -47 AND ADDING A NEW SECTION TO THE SOUTH BEND MUNICIPAL CODE, SECTION 17 -46.4 REGARDING NONRECURRING CHARGES FOR CUSTOMERS OF THE SOUTH BEND WATER WORKS This bill had third reading. Councilmember Coleman made a motion to consider the amended version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as amended. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. G REGULAR MEETING FEBRUARY 28, 2000 ORDINANCE NO. 9092-00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A NEW ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET FEES FOR PUBLIC RECORDS This bill had third reading. Councilmember Coleman made a motion to consider the amended version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Aranowski made a motion to pass this bill as amended. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9093-00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTERS 4, 5, AND 10 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR SOME OF THE LICENSING FEES GOVERNED BY THE CITY OF SOUTH BEND This bill had third reading. Councilmember Coleman made a motion to consider the amended version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as amended. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9094-00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND CHANGING THE NAME OF THE STRUCTURE NOW KNOWN AS THE MORRIS CIVIC AUDITORIUM TO THE MORRIS PERFORMING ARTS CENTER AND FIXING THE TICKET SURCHARGE RATE This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9095-00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING AND RESTATING ORDINANCE NO. 9027-99, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED TWO MILLION SIX HUNDRED THOUSAND DOLLARS ($2,600,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH This bill had third reading. Councilmember Varner made a motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine REGULAR MEETING FEBRUARY 28, 2000 (9) ayes. Additionally, Councilmember Aranowski made a motion to pass this bill as substituted. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9096-00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $13,000.00 FROM THE ETHNIC FESTIVAL NON - REVERTING FUND (FUND NO. 272) This bill had third reading. Councilmember White 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. 9097-00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $21,300.00 FROM THE INDIANA RIVER RESCUE FUND (FUND #291) 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. 9098-00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $10,000.00 FROM THE RECREATION NON - REVERTING FUND (FUND NO. 203) This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9099-00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $8,350.00 FROM THE HAZ -MAT FUND (FUND #289) This bill had third reading. Councilmember Kelly 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. 2842 -00 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 1902 S. MAIN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GENERAL SHEET METAL WORKS, INC. WHEREAS, a petition for personal property tax abatement consideration has been 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 1902 S. Main Street, South Bend, Indiana, and which is more particularly described as follows: REGULAR MEETING PARC OF LAND BEG APPROX 140'E OF CENTERLINE OF CALVERT & LAFAYETTE ST & BEING PT OF W' /z SW 1/4 SEC 13 -37 -2E CONT 1.94 AC +- 573' ON E SIDE LAFAYETTE ST ETC BEG SE COR CALVERT ST CONT APPX 1.2216 ACRS SEC 13 -37 -2E LOTS 35,36 & N 18' VAC BOWMAN ST & 14' VAC ALLEY W OF ADJ & S %2 VAC ALLEY N & ADJ TO LOT 35 BOWMAN'S 1sT ADDN LOT 10 & VAC ALLEY BET LOTS 10 11 LOT 11 & EX 15 FT FOR ST STOVER & WITWER ADD LOT 34 & E %2 VAC ALLEY W & ADJ & N %2 VAC ALLEY SO & ADJ BOWMANS 1sT ADD LOTS 18 THRU 22 & E % VAC ALLEY W & ADJ & E -W VAC ALLEY BET LOTS 18 & 19 STOVER & WITWER ADD FEBRUARY 28, 2000 and which has Key Number 18 8010 0451; 18 8010 046601; 18 8010 0453; 18 8011048901; 18 8012 0567;18 8012 056701, be designated 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 seq., 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 an Economic Revitalization 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 an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5 et. sea., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to REGULAR MEETING FEBRUARY 28, 2000 result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was "requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -1 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. John Axelberg, 1501 East Wayne, South Bend, Indiana, made the presentation for this Resolution. Mr. Axelberg informed the Council that General Sheet Metal was founded in 1922 with a concentration in manufacturing. In 1985 there were twenty -one (21) employees and in 2000 it is expected that they will have over one hundred (100) employees. This tax abatement is for the acquisition of laser cutting machinery. A Public Hearing was held on this 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 Aranowski 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. REGULAR MEETING FEBRUARY 28.2000 BILL NO. 00 -19 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 702 S. CARROLL STREET & 722 S. CARROLL STREET, SOUTH BEND, INDIANA 46624 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CURTIS PRODUCTS, INC. Councilmember Kelly made a motion to continue this bill until the March 13, 2000 meeting of the Council at the request of the Petitioner. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 2843 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH END, INDIANA, COMMONLY KNOWN AS 1910 LINCOLN WAY EAST AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR G.D. & A.M. MC DANIEL (dba MC DANIEL'S HARLEY- DAVIDSON) WHEREAS, a petition for real property tax abatement has been 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 1910 Lincoln Way East, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the East Half of the Southeast quarter of Section 18, Township 37 North, Range 3 East, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the intersection of the North right of way of Consolidated Rail Corporation (Conrail) and the west right of way of Ironwood Drive, identified at 64.01 feet left of Line "PRA" at Station 151 +22.25 on Sheet One of the Right of Way Dedication sheet obtained from Cole Associates, Inc. and prepared for the St. Joseph County Ironwood Conrail Project No. 5612 -76; thence South 88 °39'00" West along the north line of said railroad right of way 238.40 feet to a 3/4" pinch pipe; thence continuing South 88 °39'00" West along said north line 187.70 feet to a 3/4" rebar; then North 0 °36'24" East 148.41 feet to the south line of Lincolnway East; thence easterly and souther along said south line the following courses and distances: South 88 °06'00 ", East 149.90 feet; South 85 °50'49" East 37.17 feet; South 00 °15'36" East 25.50 feet; South 82 016'12" East 194.24 feet; South 40 °08'58" East 71.17 feet; thence South 00 003'55" East 24.70 feet to the point of beginning of this description. Containing 1.09 acres. Subject to public rights of way and other easements and encumbrances or record. and which has Key Number 18- 7079 -2894, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., 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 REGULAR MEETING FEBRUARY 28.2000 that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et. seg., 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 an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner 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 the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petitioner 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 IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council pursuant to Section 2 -84 of the South Bend Municipal Code finds the six (6) years is the appropriate and rational time period for this tax abatement in light of the following: REGULAR MEETING FEBRUARY 28, 2000 The petitioner is a long standing family owned South Bend based business. During the due diligence portion of this project, several new sites were considered including Grape Road in Mishawaka, however, the company would like to remain a South Bend based business. 2. The company experienced a great deal of economic hardship during the construction of the Ironwood underpass. Many delays in completion of the project left access to and from the business difficult and sometimes nearly impossible. 3. The company enjoys a good relationship with the City of South Bend by providing the City Police Department with one new motorcycle free of charge each year. Additionally, the company trades in the City's other motorcycles straight up for new bikes on a semi - annual basis. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six (6) years. SECTION VII. 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 VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. G. D. McDaniel, dba McDaniel's Harley- Davidson, 1910 Lincolnway East, South Bend, Indiana, made the presentation for this Resolution. Mr. McDaniel informed the Council that he is in the process of building an eleven thousand two hundred (11,200) square foot addition to his building which will double its size. He noted that this is possible because be acquired excess property from the County when they were building the new underpass. He further informed the Council that his business suffered during the time this underpass was being built. This project will create seven (7) to eight (8) new employees representing a new annual payroll of one hundred eighty -one thousand dollars ($181,000.00). A Public Hearing was held on this 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 White 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. RESOLUTION NO. 2844 -00 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS SOUTHEAST CORNER OF NILES AVENUE AND CORBY BLVD. TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR C.D.T., L.L.C. REGULAR MEETING FEBRUARY 28.2000 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 designated the area commonly known as the Southeast Corner of Niles Avenue and Corby Boulevard and which is more particularly described as follows: PARCEL I: A parcel of land located in the Northeast Quarter of the Southwest Quarter of Section 1, Township 37 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the South line of Corby Street, 220.51 feet North 89° 48'27" East (assumed bearing) of the intersection of the South line of Corby Street and the Easterly line of Niles Avenue, said point being the Northwest corner of a tract of land conveyed to the City of South Bend, Indiana by Instrument Number 7803739 recorded March 3, 1978 in the Office of the St. Joseph County Recorder; thence South 25° 06'03" East along the Westerly line of said City of South Bend tract, 149.87 feet; thence North 16° 17'47" East, 141.77 feet to the South line of Corby Street; thence South 89° 49'27" West along said South line of Corby Street, 103.36 feet to the point of beginning. PARCEL II: A parcel of land located in the Northwest Quarter of the Southwest Quarter of Section 1, Township 37 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at the intersection of the 25° 06'03" East (assumed bearing) along the Easterly line of Niles Avenue, 242.74 feet; thence North 64° 53'57" East, 200.00 feet to the Westerly line of a tract of land conveyed to the City of South Bend, Indiana by Instrument Number 7803739 recorded March 3, 1978 in the office of the St. Joseph County Recorder; thence North 25° 06'03" West along said Westerly line, 149.87 feet to the South line of Corby Street; thence South 89° 48'27" West along said South line of Corby Street, 220.51 feet to the point of beginning. with said real estate having the following Key Numbers: 18 -5038- 134602 and 18 -5038 -1343, as an Economic Revitalization Area; and WHEREAS, notice ofthe 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; and WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 2466 -97 on June 9, 1997; and WHEREAS, the Council issued a Re- Confirmatory Resolution reconfirming the adoption of the Declaratory Resolution as Resolution No. 2751 -99 on June 14, 1999; and WHEREAS, the Petitioner has now requested another additional period of time to complete construction of the planned project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: REGULAR MEETING FEBRUARY 28.2000 SECTION I. The Common Council hereby reconfirms its Declaratory Resolution and its Confirmatory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of property tax abatement. Such designation is for Real property tax abatement only and is limited to three years and three months 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 -12.1 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 /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. Zvonko Barbalic, Barbalic Adria Builders, 8140 W. 11 lth Street, P.O. Box 517, Palos Hills, Illinois, made the presentation for this Resolution. Mr. Barbalic informed the Council that this extension is needed to complete the townhouses that have been under construction. A Public Hearing was held on this 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 King 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. BILL NO. 99 -126 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TERMINATING THE TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR BANGOR REFRIGERATION CORPORATION (NOW KNOWN AS KYSOR/WARREN) Councilmember Kelly made a motion to continue this Resolution until the March 13, 2000 meeting of the Council. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 25-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (STASZEWSKI ANNEXATION) AND CHANGING ZONING DESIGNATION 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 on May 22, 2000 and for Third Reading on June 26, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING UNFINISHED BUSINESS FEBRUARY 28, 2000 1. REPORT FROM AREA PLAN COMMISSION Councilmember Coleman made a motion to refer the following bill to the Zoning and Annexation Committee and set it for Public Hearing on March 13, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes: BILL NO. 5-00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1601 KEMBLE STREET, IN THE CITY OF SOUTH BEND, INDIANA 2. QUESTION REGARDING BILL NO. 20-00 - AMEND CODE - LICENSING FEES Councilmember Varner noted that as mentioned at the committee meeting this afternoon, the tattoo and body piercing fees were not listed in Bill No. 20 -00 and he wondered if the City was enforcing this ordinance and why there were no fees listed. Councilmember Aranowski informed Councilmember Varner that he and Councilmember Ujdak will be following up on this matter and they will report back to the Council. 3. CONCERNS REGARDING BILL NO. 18 -00 - SURCHARGE RATE - MORRIS PERFORMING ART CENTER Councilmember White asked if it would be possible to have submitted to the Council the amount the Morris Center collected in surcharge fees two (2) years ago before they closed for remodeling in order to use that amount as a baseline against what will be collected in 2000. She thought this baseline amount would be something to begin with. Council Attorney Kathleen Cekanski - Farrand advised that she will check on this matter and secure this information. Councilmember Coleman advised that he had a similar thought and he would be happy to follow -up on this request. 4. COMMENTS BY COUNCILMEMBER COLEMAN REGARDING UP COMING EVENTS AT THE MORRIS PREFORMING ART CENTER Councilmember Coleman reminded everyone of two (2) upcoming events this weekend to take place at the newly remodeled Morris Performing Art Center. 5. REQUEST FOR CITIZEN MEMBER PARTICIPATION ON COUNCIL COMMITTEES Council President Pfeifer encouraged interested citizens to serve on one (1) of the nine (9) standing Council committees. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR 1. COLLEGE FOOTBALL HALL OF FAME Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, reminded the Council that at the last meeting he provided to them the 1999 financial statement for the College Football Hall of Fame. At this time, he is submitting a two (2) page summary of the operating and financing losses for the Hall of Fame for the years 1995 though 1999 as well as a Financial Statement Projection for years one (1) through ten (10). Mr. Cierzniak went over this handout and asked that the Council keep these figures in mind. REGULAR MEETING FEBRUARY 28, 2000 2. CONCERN REGARDING FIRE HYDRANT Mr. Howard Edwards, 6124 Gotham, South Bend, Indiana, informed the Council that on January 22, 2000, there was a fire at his residence and the Fire Department had a problem being able to use the fire hydrant near his home. He advised the Council that it still has not been repaired. He noted that he is a City of South Bend police officer and that there are quite a few senior citizens in the area. ADJOURNMENT There being no further business to come before the Council, Councilmember Coleman made a motion to adjourn. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes and the meeting was adjourned at 8:21 p.m. ATTEST: oretta J. D � d, Cit Clerk ATTEST: Charlotte Pfeifer, Presid t