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HomeMy WebLinkAbout05-22-00 Council Meeting MinutesREGULAR MEETING MAY 22, 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, May 22, 2000, at 7:00 p.m. The meeting was called to order by Council Vice - President James Aranowski in the absence of Council President Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Roland Kelly Karl King David Varner Andrew Uj dak Sean Coleman Al `Buddy" Kirsits Absent: Charlotte Pfeifer Karen L. White 1" District Vice - President 3r1 District 4"' District 5"' District 6d' District Chairperson, Committee of the Whole At -Large At -Large 2nd District President At -Large REPORT FROM THE SUB- COMMITTEE ON MINUTES Due to the absence of Council President Pfeifer, the minutes of the May 8, 2000 meeting were not recommended for approval at this time. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 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 seven (7) ayes. Chairman Ujdak presiding. BILL NO. 25 -00 PUBLIC HEARING ON 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 Councilmember Ujdak reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Larry Magliozzi, Assistant Director, Planning & Neighborhood Development, Community & Economic Development, 205 West Jefferson Boulevard, Suite 416, South Bend, Indiana, informed the Council that for the record he will be presenting the Staff Report from the Area Plan Commission. Mr. Magliozzi stated that the petitioners are requesting a zone change from "A" Agricultural to "D" Light Industrial, "A" Height and Area to allow the appropriate zoning for property annexed into the City of South Bend for its intended purpose. The property currently contains a single family house. Located to the north are single family homes zoned "A" Agricultural in St. Joseph County; to the east and south are industrial uses zoned "D" Light Industrial; and to the west is farmland zoned "IP" Industrial Park. Access to the site is from Olive Road. Water and sewer are available to the site. The total site to be rezoned in one half acre. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands, or environmental hazard areas are present. A site plan is not required for rezonings initiated by the Common Council. Additionally, based on information available prior to the Public Hearing, the staff recommends that this petition be sent to the Common Council with REGULAR MEETING MAY 22, 2000 a favorable recommendation. The property is being annexed into the City and the proposed zoning is in keeping with surrounding City zoning. Further, the Area Plan Commission, at its Public Hearing held on April 18, 2000, sends this petition to the Council with a favorable recommendation. In regards to the annexation, Mr. Magliozzi informed the Council that this petition meets all the required criteria for annexation. 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 Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 41 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS THE EAST HALF OF ECLIPSE PLACE FROM THE SOUTH RIGHT -OF -WAY OF KELLER STREET TO THE SOUTH RIGHT -OF -WAY OF MARQUETTE BOULEVARD, A DISTANCE OF 672.6 FEET AND A WIDTH OF 30 FEET. PART LOCATED IN THE VERNON HEIGHTS ADD., SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. THE SECOND STREET TO BE VACATED IS KELLER STREET FROM THE EAST RIGHT -OF -WAY OF ECLIPSE PLACE TO THE WEST RIGHT -OF -WAY OF KALEY STREET FOR A DISTANCE OF 280.5 FEET AND A WIDTH OF 50 FEET. PART LOCATED IN VERNON HEIGHTS ADD., SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF KALEY STREET FROM THE NORTH RIGHT -OF -WAY OF KELLER STREET TO THE SOUTH RIGHT -OF -WAY OF MARQUETTE BOULEVARD FOR A DISTANCE OF 622.6 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN THE VERNON HEIGHTS ADD., SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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. James A. Jasiewicz, Director of Buildings and Grounds, South Bend Community School Corporation, 635 South Main Street, South Bend, Indiana, made the presentation on behalf of the Petitioner, the South Bend Community School Corporation. Mr. Jasiewicz advised that the purpose of this vacation request is to expand the athletics facilities at LaSalle High School. 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 Varner seconded the motion which carried by a voice vote of seven (7) ayes. 1 1 1 REGULAR MEETING MAY 22.2000 BILL NO. 42-00 PUBLIC HEARING ON A BILL APPROPRIATING $55,000 FROM THE URBAN DEVELOPMENT ACTION GRANT FUND FOR THE PURPOSE OF FUNDING PREDEVELOPMENT COSTS Councilmember Kelly reported that the Community and Economic Development Committee met - on this bill and recommends this Resolution to the Council favorably. Mr. Jon R. Hunt, Executive Director, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Hunt stated that this bill appropriates fifty -five thousand dollars ($55,000.00) from federal UDAG funds for predevelopment activities for projects in the downtown area. Mr. Hunt noted that those projects include the Main/Jefferson office project and the expansion of the River Glen Office Park. The money would be specifically for examining a number of parking options for both of those projects. 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 Varner seconded the motion which carried by a voice vote of seven (7) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. ATTEST: Loretta J u ity Clerk 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 7:10 p.m. Council Vice - President James Aranowski presided with seven (7) members present. BILLS - THIRD READING BILL NO. 6-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; ROYAL OAK ESTATES AND COMMUNITY BAPTIST CHURCH In response to Councilmember Ujdak's inquiry of whether it would be acceptable at this time to asks questions of Mr. Larry Magliozzi regarding some concerns the Council has at this time, Council Attorney Kathleen Cekanski- Farrand advised that it would be appropriate. REGULAR MEETING MAY 22.2000 Therefore, Councilmember Ujdak indicated that he recalls that at the Public Hearing held on this bill, some questions were raised regarding drainage, leaks and the water and sewer lines. It was his understanding that the City's Engineering Department was to update the Council on these concerns. However, the Council has not yet received any clarification from the Engineering Department. Councilmember Ujdak inquired whether Mr. Magliozzi could respond and clarify the Council's concerns. Mr. Magliozzi deferred this request to Mr. Bill Owen, Bosh Design Group, who are the engineers on this project. Mr. Bill Owen, Bosh Design Group, 113 Lincolnway West, Mishawaka, Indiana, informed the Council that the issue of drainage was addressed with the County Engineer's office and it went hand in hand with a project that Herceg & Associates was doing for the County drainage. This project went from being required to accept water into the project to having a discharge point from the project. He noted that actually the ponds are over designed now so that has been accepted by the County. Also, they will be building three (3) retention areas at this time and the sewers have all been tested and accepted by the City inspectors for when the project does become annexed into the City. This is also true for the water lines. In regard to the storm drainage portion of this project, the contractors are just finishing up with drywalls in the retention areas and the storm sewer has been placed in. One other issue is the surety which was required and which has been in place for some time. Councilmember Ujdak advised that it is his recollection that the City Engineering Department will be requiring an extended maintenance surety for this project. Mr. Owen responded that they will provide the normal maintenance bond for this project when it is accepted into the City. Councilmember Ujdak replied that it is his recollection that the bond to be filed would be for a longer than normal period. Mr. Owen stated that if a three (3) year bond is required that it will be posted. Councilmember Ujdak reiterated that it was his recollection that the Engineering Department was supposed to get back to the Council with a report on these issues and he would feel more comfortable if this item could be continued until more clarification is received on these issues. Councilmember King stated that it is also his recollection that a report was to have been submitted to the Council concerning these issues. Therefore, Councilmember Kelly made a motion to continue this bill until the June 12, 2000 meeting of the Council. Councilmember Uj dak seconded the motion which carried by a voice vote of seven (7) ayes. Council Attorney Kathleen Cekanski- Farrand noted that a follow -up letter will be sent to Mr. Gary Gilot, the Director of the Department of Public Works. ORDINANCE NO. 9109 -00 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS THE EAST HALF OF ECLIPSE PLACE FROM THE SOUTH RIGHT -OF -WAY OF KELLER STREET TO THE SOUTH RIGHT -OF -WAY OF _ MARQUETTE BOULEVARD, A DISTANCE OF 672.6 FEET AND A WIDTH OF 30 FEET. PART LOCATED IN THE VERNON HEIGHTS ADD., SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. THE SECOND STREET TO BE VACATED IS KELLER STREET FROM THE EAST RIGHT -OF -WAY OF ECLIPSE PLACE TO THE WEST RIGHT -OF -WAY OF KALEY STREET FOR A DISTANCE OF 280.5 FEET AND A WIDTH OF 50 FEET. PART LOCATED IN VERNON HEIGHTS ADD., SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF KALEY STREET FROM THE NORTH RIGHT -OF -WAY OF KELLER STREET TO THE SOUTH REGULAR MEETING MAY 22, 2000 RIGHT -OF -WAY OF MARQUETTE BOULEVARD FOR A DISTANCE OF 622.6 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN THE VERNON HEIGHTS ADD., SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember - Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9110-00 AN ORDINANCE APPROPRIATING $55,000 FROM THE URBAN DEVELOPMENT ACTION GRANT FUND FOR THE PURPOSE OF FUNDING PREDEVELOPMENT COSTS 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 seven (7) ayes. RESOLUTIONS: RESOLUTION NO. 2871 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN PENN TOWNSHIP (VOCO, INC., ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance and a petition by more than 51 % of the property owners which proposes the annexation of the real estate located in Penn Township, St. Joseph County, Indiana, more particularly described in Section I of this Resolution, which Ordinance also proposes a change in zoning from "R" Residential, to "C" Commercial, "A" Height and Area, effective upon annexation; and WHEREAS, the territory proposed to be annexed encompasses approximately 14 acres of vacant, undeveloped land having general boundaries on the northeast corner of Ironwood and Ireland Roads, which is approximately 76% contiguous to the current City limits. The development of the territory proposed to be annexed will require a basic level of municipal public services, including police and fire protection, street and road maintenance, sewage collection, solid waste and yard pickup as well as recycling services, and services of a capital improvement nature, including construction of streets and roads, a sewer collection system, a water distribution system, and a street lighting system; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection, and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including a sewer collection system, a water distribution system, and a street lighting system; (2) the method (s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the 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 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; and (6) the plan for hiring the employees of REGULAR MEETING MAY 22.2000 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, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners 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 Penn Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: That part of the Northwest quarter of Section 29, Township 37 North, Range 3 East, Penn Township, St. Joseph County, Indiana which is described as: Beginning at a point on the existing municipal corporate limit line which is N. 89 -- 49'-19" E., 165.00 ft. more or less from a point on the West line of said Section 29, which point is S. 00-- 00' -00" W., 1969.76 ft. from the Northwest corner of said Section 29; thence N. 89o- 49 -19" E. along said corporate limit line, 827.88 ft. to the West line of a parcel of ground owned by Edward Rose of Indiana and known as tax Key No. 26- 1034 - 0578.01 in the records of the Auditor of St. Joseph County, Indiana; thence S. 00-- 05' -50" E. along said West line and its southerly extension, 678.87 ft. more or less to the South right -of -way line of Ireland Road; thence S. 89 -- 57'-24" W. along said South line, 652.57 ft. more or less to the existing corporate line of the City of South Bend; thence along said corporate line, N. 00-- 08' -23" E., 70.00 ft. more or less to the North line of Ireland Road; thence S. 89-57-24" W., 300.96 ft. more or less along said North line of Ireland Road and its westerly extension and said corporate line of the City of South Bend to a point of intersection with the East line of Ironwood Road extended South; thence continuing along said corporate line and the East line of Ironwood Road and its southerly extension, N. 00-- 00' -00" E., 325.00 ft. more or less; thence continuing along said corporate line for the next two courses, N. 90-- 00' -00" E., 125.00 ft. more or less and N. 00-- 00' -00" E., 300 ft. more or less to the point 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 street and road maintenance, police and fire protection, street sweeping, flushing, and snow removal, sewage collection, solid waste and yard pick -up as well as recycling services, 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 a sewer collection system (existing), a water distribution system (existing water main), road construction (to be done and paid for by the developer), and a street lighting system (to be done and paid for by the developer), 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 South Bend Common Council for the City of South Bend shall and does hereby now establish and adopt the fiscal plan described in Exhibit "A ", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. REGULAR MEETING MAY 22, 2000 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 /James Aranowski Member, South Bend Common Council Councilmember Uj dak reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Larry Magliozzi, Assistant Director, Planning & Neighborhood Development, Community & Economic Development, 205 West Jefferson Boulevard, Suite 416, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi informed the Council that the fiscal plan submitted today is part of the annexation process regarding the fiscal responsibility of the City for this voluntary annexation. He noted that this annexation involves thirteen (13) acres of land located at the northeast corner of Ironwood and Ireland Roads. This property is currently wooded and contains no structures. It is zoned "R" Residential in St. Joseph County and is proposed to be zoned "C" Commercial upon annexation. Sewer and water lines currently exist to service this area and will accommodate development on this site. Access is through Ireland and Ironwood Roads and no new public streets are anticipated to be built so the City will have no future responsibility for streets. Lighting will need to be extended with the cost to be born by the developer initially and the City taking over maintenance. No waivers for sewer and water exist. Additionally, Beat #15 of the Police Department will be expanded to provide service to this area and the Fire Department will service this area out of Station #10 on York Road. The Department of Code Enforcement will extend their current Territory #5 with no additional personnel required. In conclusion, Mr. Magliozzi stated that over a five (5) year period the City will have expenditures of one hundred three thousand dollars ($103,000.00) and revenues of one hundred eighty -nine thousand dollars ($189,000.00) for this property. 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 Uj dak seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 2872 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4404 NIMTZ PARKWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10)YEAR REAL PROPERTY TAX ABATEMENT FOR BLACKTHORN NIMTZ PARTNERS L.P. 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 4404 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: H G Baus Centre, Phase Two, Lot 16 and 17 and which has Key Number 25- 1010 - 036103 as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before REGULAR MEETING MAY 22, 2000 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 ten (10) 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 /Charlotte Pfeifer Member of the Common Council Mr. Frank A. Perri, Senior Vice - President - Development, The Holladay Group, 227 South Main Street, Suite 300, South Bend, Indiana, made the presentation for this Resolution. Mr. Perri informed the Council that this tax abatement will allow Haldex Garphyttan Wire to expand their facility by fifty per cent (50 %). The addition will be forty -one thousand six hundred (41,600) feet. Further, anew annual payroll of three hundred fifty thousand dollars ($350,000.00) is expected for this project. 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 Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILL NO. 00 -49 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3445 WILLIAM RICHARDSON COURT TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR THOMAS E. LOWE (PLAYING MANTIS, INC.) Councilmember Kelly made a motion that this tax abatement be continued until the June 12, 2000 meeting of the Council at the request of the Petitioner. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. 1 1 REGULAR MEETING RESOLUTION NO. 2873 -00 MAY 22, 2000 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1207, 1209, 1211, AND 1213 APPLE RIDGE COURT; 5810 AND 5816 MIAMI STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR THE HICKEY GROUP 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 1207, 1209, 1211, and 1213 Apple Ride Court; 5810 and 5816 Miami Street, South Bend, Indiana, and which are more particularly described as follows: Street Address 1207 Apple Ridge Court 1209 Apple Ridge Court 1211 Apple Ridge Court 1213 Apple Ridge Court 5810 Miami Street 5816 Miami Street Legal Description Lot 24, Canterbury Woods Lot 23, Canterbury Woods Lot 22, Canterbury Woods Lot 21, Canterbury Woods Lot 26, Canterbury Woods Lot 25, Canterbury Woods as a Residentially Distressed Area; and Key Number 23- 1036 -3652 23- 1036 -3651 23- 1036 -3650 23- 1036 -3649 23- 1036 -3654 23- 1036 -3653 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 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 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: REGULAR MEETING MAY 22.2000 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 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 se g. 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. s /Charlotte Pfeifer Member of the Common Council Mr. Bernard Feeney, Lang, Feeney & Associates, Inc., 715 South Michigan Street, South Bend, Indiana, made the presentation for this Resolution on behalf of the Jack Hickey Group and Rojo Development. Mr. Feeney advised that this tax abatement is requested for the future development on the east side of Miami Street in front of the existing Canterbury Subdivision. This property was originally given n I 1 REGULAR MEETING MAY 22, 2000 to the Episcopalian Diocese of Northern Indiana who has now chosen another location. The Hickey Group plans to build on Lot Nos. 21 -26 single family houses in the range of one hundred twenty- five thousand dollars ($125,000.00) to one hundred sixty -five thousand dollars ($165,000.00) for a total worth of eight hundred seventy thousand dollars ($870,000.00). Mr. Feeney further advised that the houses to be built will be identical to those already built in Canterbury Woods. 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 Kelly 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 seven (7) ayes. RESOLUTION NO. 2874 -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 1137 SOUTH LAFAYETTE BLVD. AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR G & B REALTY, LLC 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 1137 South Lafayette Blvd., South Bend, Indiana, and which is more particularly described as follows: BEGINNING AT THE SW CORNER OF LOT 7, STULL'S EDITION; THENCE, N ALONG THE E RIGHT -OF -WAY OF AN ALLEY A DISTANCE OF 336.06 FEET + OR - TO A POINT; SAID POINT BEING THE NW CORNER OF THE S %2 OF LOT 64, SOUTH BEND CITY EDITION; THENCE, E ALONG THE NORTHERN BOUNDARY OF SAID %2 OF LOT 64 WHICH IS ON THE WESTERN RIGHT -OF -WAY OF LAFAYETTE BLVD.; TH4ENCE, S A DISTANCE OF 275 FEET + OR - TO THE SE CORNER OF LOT 6, STULL'S SECOND EDITION; THENCE, W A DISTANCE OF 125 FEET TO A POINT; THENCE, S 66 FEET TO A POINT; THENCE, W 40 FEET TO A POINT OF BEGINNING. ALL BEING WITHIN THE CITY OF SOUTH BEND, COUNTY OF ST. JOSEPH, STATE OF INDIANA SOUTH %2 125 FT EAST END LOT 7 SAMUEL C. STULLS 2ND and which has Key Numbers 18- 8006 -0288, 18- 8002 -0115, 18- 8006 -0282, 18- 8006 - 028201, 18- 8006- 0285,18- 8006 - 028501, 18- 8002 - 0116,18- 8006 - 028801,18- 8006 - 028802, 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 that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et. sea., 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 REGULAR MEETING MAY 22, 2000 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 of benefits 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 hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) 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. REGULAR MEETING MAY 22.2000 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 /James Aranowski Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Gunther W. Jordan, President and owner of Exacto, Inc., 1137 South Lafayette Boulevard, South Bend, Indiana, made the presentation for this Resolution. Mr. Jordan informed the Council that his business is thirty (30) years old having built its current building eleven (11) years ago. They have increased the number of employees from thirty-five (35) to seventy -nine (79) and have increased their sales from $1.56 million dollars to $5 million dollars. At this time they know they cannot continue to grow without more manufacturing area and they therefore propose to expand by ten thousand eight hundred (10,800) square feet for manufacturing. With this new addition they will have room to grow and they will be competitive in the global market. The cost of this investment is three hundred fifty thousand dollars ($350,000.00). A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Coleman commended Mr. Jordan for his continued commitment to the community. Therefore, Councilmember Coleman 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 seven (7) ayes. RESOLUTION NO. 2875 -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 5681 WEST CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR REW LLC (CORPORATE SERVICES, INC.) 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 5681 West Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: LOT #3 CROSSROADS INDUSTRIAL COMPLEX BRICK ROAD MINOR SUBDIVISION and which has Key Number 25- 1018 - 061614, 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 etet. 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 an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et. seg., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats REGULAR MEETING MAY 22, 2000 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 hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) 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 1 REGULAR MEETING MAY 22, 2000 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 /James Aranowski Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Bob Wozny, 51500 Stratton Court, Granger, Indiana, made the presentation for this abatement. Mr. Wozny informed the Council that Corporate Services performs marketing support services including printing, packaging, assembly, warehousing and distribution. Their project will involve $2.2 million dollars of new construction to allow them to grow. It is estimated that the project will maintain one hundred thirty -five (135) existing permanent full -time and seventeen (17) part-time jobs. 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 King seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 2876 -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 A PARCEL OF LAND ON CLEVELAND ROAD ADJACENT AND WEST OF 4647 CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) REAL PROPERTY TAX ABATEMENT FOR CLEVELAND ROAD PARTNERS L.P. 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 a parcel of land on Cleveland Road adjacent and west of 4647 Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: Vacant land Sec 20 -38 -2E 17.316 acre tract lying east !/2N E Qtr lying north Cleveland Road and which has Key Number 25- 1012 - 019937, 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 that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et. sea., 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 REGULAR MEETING MAY 22, 2000 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 of benefits 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. In light of the risks to be taken by the Petitioner without guaranties for this nine million dollar project, the Common Council hereby determines that the project meets the standards for a special exception tax abatement consideration under Section 2 -84 of the South Bend Municipal Code. 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. 1 r', 1 REGULAR MEETING MAY 22, 2000 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 /James Aranowski Member of the Common Council Councilmember Kelly made a motion to amend this Resolution as discussed at the Committee meeting this afternoon. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes and the following amendment was approved: Section VI delete the last sentence which is as follows: The petitioner accordingly must identify the end use (s) prior to final action on the Confirmatory Resolution which shall specify the duration of the tax abatement. Additionally, Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Frank Perri, a partner of Cleveland Road Partners, L.P. and an employee of the Holladay Group, 227 West Main Street, South Bend, Indiana, made the presentation for this tax abatement. Mr. Perri informed the Council that this tax abatement is requested for a speculative building consisting of one hundred thousand (100,000) square feet which is the first phase of a one hundred fifty -six thousand (156,000) square foot facility which will house a multitude of uses including manufacturing and distribution. When completed the total cost of this project will be in excess of $4.4 million dollars. The building exterior will consist of a high quality concrete and will add greatly to the Cleveland Road Corridor. Councilmember Ujdak inquired ifpart of this facility will house a truck terminal. Mr. Perri informed Mr. Ujdak that a truck terminal will not be a part of the facility. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Coleman indicated that this abatement is for consideration of a special exception due to the square footage involved and the risk taken by the developer without pre -leased space. Therefore, Councilmember Coleman made a motion to adopt this Resolution as amended. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILLS - FIRST READING BILL NO. 43-00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT: 1533 IRELAND ROAD, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 44-00 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO REGULAR MEETING MAY 22, 2000 BE VACATED IS DESCRIBED AS THE FIRST NORTH/SOUTH ALLEY EAST OF WARREN STREET FROM THE SOUTH RIGHT -OF -WAY OF WESTERN AVENUE TO THE NORTH LINE OF THE FIRST EAST /WEST ALLEY SOUTH OF WESTERN AVENUE FOR A DISTANCE OF APPROXIMATELY 132 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN SOUTH BEND INDUSTRIAL PARK ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on June 12, 2000. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 45-00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 3020 BUCKINGHAM, IN THE CITY OF 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 Public Hearing and Third Reading on June 12, 2000. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 46-00 FIRST READING ON A BILL AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF SOUTH BEND, INDIANA VARIABLE RATE DEMAND ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2000 (DELUXE SHEET METAL, INC. PROJECT), THE PROCEEDS OF WHICH SHALL BE LOANED TO DSM HOLDING, LLC, TO FINANCE THE ACQUISITION, CONSTRUCTION, INSTALLATION AND EQUIPPING OF AN ECONOMIC DEVELOPMENT FACILITY LOCATED WITHIN THE CITY OF SOUTH BEND, INDIANA FOR LEASE TO DELUXE SHEET METAL INC.; PROVIDING FOR THE PLEDGE AND ASSIGNMENT OF REVENUES FOR THE PAYMENT OF SAID BONDS; AUTHORIZING A TRUST INDENTURE, LOAN AGREEMENT AND BOND PURCHASE AGREEMENT, AUTHORIZING THE USE AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT WITH RESPECT TO THE BONDS; AUTHORIZING AGREEMENTS TO SECURE FURTHER THE PAYMENT OF SAID BONDS; AND AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS 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 June 12, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. REGULAR MEETING MAY 22.2000 UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION: BILL NO. 35 -00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1515 KEMBLE, IN THE CITY OF SOUTH BEND, INDIANA 2. BILL NO. 36 -00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 231 EAST IRELAND ROAD, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer these bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on June 12, 2000. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. 3. BILL NO. 37-00 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 PENN TOWNSHIP CONTIGUOUS THEREWITH; (VOCO, INC.) (NORTHEAST CORNER OF IRELAND ROAD & IRONWOOD ROAD, SOUTH BEND, INDIANA, 46614) Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Second Reading, Public Hearing and Third Reading on June 26, 2000. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. It was noted that the Third Reading on this bill is scheduled for August 14, 2000 pursuant to the requirements of the state zoning statute. Therefore, Councilmember Coleman amended his motion to refer this bill to the Zoning and Annexation Committee and set it for Second Reading/Public Hearing only on June 26, 2000. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. NEW BUSINESS 1. WELCOME TO STUDENT FROM HOLY FAMILY SCHOOL Councilmember Aranowski welcomed Sam Ujdak to the Council meeting. Sam is a member of the Student Council at Holy Family Grade School and son of Councilmember Andy Ujdak. 2. ATTENDANCE AT 6 -12 -00 COUNCIL MEETING Councilmember Coleman advised that he will be out of town on business and will not be in attendance at the June 12, 2000 meeting of the Council PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. REGULAR MEETING MAY 22, 2000 ADJOURNMENT There being no further business to come before the Council, Council Vice - President Aranowski adjourned the meeting at 7:47 p.m. ATTEST: (� 1� i Loretta J') ut,Xity derk ATTEST: Charlotte Pfeifer, Presi k e 1 f: C