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HomeMy WebLinkAbout11-13-00 Council Meeting MinutesREGULAR MEETING NOVEMBER 13, 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, November 13, 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 Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Uj dak Sean Coleman Al `Buddy" Kirsits Karen L. White Absent: None 1St District Vice - President 2"d District President 3 r District 4th District 5th District 6th District Chairperson, Committee of the Whole At -Large At -Large At -Large 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 October 23, 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 October 23, 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. 2945 -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 CENTRE TOWNSHIP (SYLVIA R. HOUSER REVOCABLE TRUST, ROYAL OAK ESTATES BY D & H HOME BUILDERS, INC. AND COMMUNITY BAPTIST CHURCH 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 Centre Township, St. Joseph County, Indiana, more particularly described in Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 104.69 acres on which are situated a residence, a pole barn, and a church, which property is at least 12.1% contiguous to the current City limits, i.e., 16.14% contiguity, and which is generally located on the South side of Johnson Road, approximately 1,000 feet west of Miami Road, Centre Township, Indiana. The annexation territory is proposed for development of two single family subdivisions, and will require a basic level of municipal public services, of a non - capital improvement nature including police and fire protection, street and road maintenance, street sweeping, flushing, and snow REGULAR MEETING NOVEMBER 13, 2000 removal, sewage collection, solid waste and yard pickup as well as recycling services, and services of a capital improvement nature, including street and road construction, a street lighting system, a storm water system, a sanitary sewer system, and a water distribution 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 anon - capital nature, including street and road maintenance, street sweeping, flushing and snow removal, police and fire protection, solid waste and yard pick -up as well as recycling services, and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including a sewer collecti6fi system, a water distribution system, a storm water system, street and road construction, and a street, lighting system; (2) the, method(s) of financing those services; (3) the plan for the organization and extension of those serices; (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 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 Centre Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: A parcel of land being a part of the Northeast Quarter and a part of the Southeast Fractional Quarter of Section 36, Township 37 North, Range 2 East, Centre Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the Northeast corner of said Southeast Fractional Quarter; thence North 890 50'52" West a distance of 298.37 feet along the North line of said Fractional Quarter and the South line of the plat of Hermitage South Estates, Section One, Part One, as the same is recorded in the office of the Recorder of St. Joseph County, Indiana as instrument number 9121918, (being also the centerline of Johnson Road), to the place ofbeginning for this description; thence North 89° 50'52" West, along said North line of said Fractional Quarter and said South line of the plat of Hermitage South Estates, a distance of 263.08 feet to the Southwest comer of said plat of Section One, Part One; thence North 00 '16'1 3 " West, along the West line of said plat of Hermitage South Estates, Section One, Part One, a distance of 40.00 feet to the North right -of -way line of Johnson Road and the Southwest corner of Lot 6 in said subdivision; thence North 89° 50'52" West, along saidNorth right -of -way line and parallel with said North line of the Southeast Fractional Quarter, a distance of 1953.29 feet; thence South 0° 11'27" West, a distance of 285.12 feet; thence North 890 48'33" West, a distance of 177.00 feet; thence South 0° REGULAR MEETING NOVEMBER 13, 2000 11'27" West, a distance of 1600.83 feet; thence South 86° 41'40" East, a distance of 2021.14 feet more or less to the Southwest corner of a tract of land conveyed to Terry A. and Mary Beth Wiseman by Deed recorded as instrument number 9845973 in said Recorder's office; thence Northerly along the West line of said Wiseman tract and parallel with the East line of said Southeast Fractional Quarter, a distance of 327.74 feet to the Northwest corner of said Wiseman - - tract; thence East, along the North line of said Wiseman tract, a distance of 414.58 feet more or less to the West line of a tract of land described in annexation ordinance #5011 -68 as the same is recorded in Miscellaneous Record Book 282, page 189 in said Recorder's office; thence North along said West line, and parallel with said East line of said Southeast Fractional Quarter, a distance of 991.92 feet, more or less to a point on the South line of Lot 4 in the plat of Morris Subdivision, the same being recorded in plat Book 23, page M in said Recorder's office; thence North 88° 49'53" West, along said South line of Lot 4, a distance of 48.37 feet to the Southeast corner of Lot 1 in the plat of Morris- Houser Minor Subdivision, the same being recorded as instrument number 8617432 in said Recorder's office; thence North 0° 21'07" East, along the East line of said Lot 1 and its Northerly projection, a distance of 656. 44 feet to the place of beginning. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non - capital nature, such as 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, a water distribution system, a storm water system, street and road construction, and a street lighting system, within four (4) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. The previously identified capital improvement services shall be provided at the expense of the owner /developer in conformity with all applicable City Codes, standards, and regulations pursuant to the fiscal plan, Exhibit "A" hereto, except that water services shall be provided through existing water mains. 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. 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 /Charlotte Pfeifer Member, South Bend Common Council 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 advised that submitted to the Council is a fiscal plan for a voluntary annexation of approximately one hundred four (104) acres on the south side of town located West of Miami on Johnson Road. He noted that this annexation is the result of the combining of the previous two (2) annexations which the Council was considering. The developers are in agreement to this action. REGULAR MEETING NOVEMBER 13.2000 The property will contain single family residences. All streets and utilities will be put in at the expense of the developers. Mr. Magliozzi further noted that the Police and Fire Departments have advised that no additional manpower will be required. Additionally, the Department of Code Enforcement and the Bureau of Solid Waste have indicated that they will provide services once the area is annexed into the City. In regards to administrative costs, Mr. Magliozzi stated that over a five (5) year period it is estimated that the cost will be approximately six hundred thousand dollars ($600,000.00) with income from taxes and other funds expected in the amount of approximately seven hundred thousand dollars ($700,000.00) which makes this annexation fiscally a plus for the City. 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 Ujdak advised for the record that he does have a relationship with one of the petitioners but has been advised by legal counsel that he does not have a conflict of interest. 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 nine (9) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Ujdak presiding. BILL NO. 47-00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA; CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; SYLVIA R. HOUSER REVOCABLE TRUST Councilmember Ujdak advised that the Council has received a request from the Petitioner to withdraw this bill from consideration. Therefore, Councilmember Coleman made a motion to strike this bill from the agenda. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 87 -00 PUBLIC HEARING 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, AND RESCINDING ORDINANCE NO. 9111 -00; ROYAL OAK ESTATES AND COMMUNITY BAPTIST CHURCH Councilmember Ujdak advised that the Council has received a request from the Petitioner to withdraw this bill from consideration. Councilmember Coleman made a motion to strike this bill from the agenda. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING NOVEMBER 13.2000 BILL NO. 94 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH AND AT THE SAME TIME RESCINDING ORDINANCE NO. 9111 -00, PETITION OF SYLVIA R. HOUSER REVOCABLE TRUST, ROYAL OAK ESTATES BY D & H HOME BUILDERS, INC. AND COMMUNITY BAPTIST CHURCH Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Coleman made motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Bernie Feeney, Registered Land Surveyor, Lang, Feeney & Associates, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Feeney stated that the petition area now includes the area originally requested to be annexed by Royal Oak and Community Baptist Church in addition to the area being requested by Sylvia R. Houser Revocable Trust. He noted that this property contains single residential lots with the infrastructure to be completed by the developers. Councilmember Ujdak advised that he has a relationship with one of the petitioners but it has been determined that he does not have a conflict of interest in this matter. 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, as substituted, and that it be set for third reading on January 8, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 84 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 502 S. BROOKFIELD IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kelly made motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. In light of the fact that County offices were closed today in observance of Veterans Day, Council Attorney Kathleen Cekanski-Farrand presented the report from the Area Plan Commission in lieu of Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County-City Building, South Bend, Indiana. Attorney Cekanski- Farrand advised that the petitioners are requesting a zone change from "C" Commercial, "D" Height and Area to `B" Residential, "D" Height and Area to allow a multi - family use. The property currently contains a multi - family use. Access to the site is from both Huron Street and Brookfield Street. The total site to be rezoned is six thousand one hundred fifty (6,150) square feet. Based on information available to the staff prior to the Area Plan Commission Public Hearing, the staff recommended that this petition be sent to the Council with a favorable recommendation REGULAR MEETING NOVEMBER 13, 2000 subject to a final site plan. Attorney Cekanski- Farrand noted that the Area Plan Commission, at their Public Hearing held on October 17, 2000, sent this bill to the Council with a favorable recommendation subj ect to a final site plan. The property currently contains a multi - family housing unit and is surrounded by single family homes. Although the Commission would not normally encourage "B" Residential zoning in a primarily single - family area, it is the Commission's opinion that in this instance "B" Residential is more appropriate for this property than "C" Commercial. The proposed zoning is less intensive than the existing zoning. Ms. Janice Miller, 1735 East Calvert Street, #B, South Bend, Indiana, made the presentation for this petition. Ms. Miller informed the Council that when she and her husband originally purchased this property in 1997 they believed it to be zoned residential. They are currently negotiating the sale of this property and discovered that they were out of compliance and it is their intent to bring the zoning of this property into compliance. Therefore, they are asking that the property be zoned to "B" Residential. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember 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 nine (9) ayes. BILL NO. 85 -00 PUBLIC HEARING. ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 608 - 610 COTTAGE GROVE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Ujdak advised that the Council has received a request from the Petitioner to withdraw this bill from consideration. Therefore, Councilmember Coleman made a motion to strike this bill from the agenda. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 66 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 345 - 347 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Ujdak advised that the Council has received a request from the Petitioner to withdraw this bill from consideration. Therefore, Councilmember Aranowski made a motion to strike this bill from the agenda. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 45-00 PUBLIC HEARING 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 Councilmember Ujdak advised that the Petitioner has asked that this bill be continued until the January 8, 2001 meeting of the Council. Therefore, Councilmember Coleman made a motion that REGULAR MEETING NOVEMBER 13.2000 this bill be continued as requested until the January 8, 2001 meeting ofthe Council. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 77 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 229 SOUTH WILLIAM, 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, President and Acting Director, Historic Preservation Commission, 742 Sancome, South Bend, Indiana, made the presentation for this bill. Mr. Oxian noted that this property is rated an S /11 in the Indiana Historic Sites and Structures Inventory as it is a wood Italianate Style house that was built in the 1870's. He noted that it is located close to downtown South Bend in a National Register District. Mr. Oxian stated that the Historic Preservation Commission asks that this property become a landmark. Mr. Oxian briefly outlined the interesting history of Mr. John Caldwell who built the house in 1870. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council - concerning this bill. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 91 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF PORTAGE AVENUE FROM THE SOUTH RIGHT -OF -WAY OF WEST NAVARRE STREET TO THE NORTH RIGHT -OF -WAY OF WEST MARION STREET FOR A DISTANCE OF APPROXIMATELY 410 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN THE ORIGINAL TOWN OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember White made a motion to continue this bill until the December 11, 2000 meeting of the Council at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 98 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF IRONWOOD DRIVE FROM THE SOUTH R/W LINE OF LINCOLNWAY EAST TO THE NORTH R/W LINE OF THE CONRAIL (NOW NORFOLK AND SOUTHERN) TRACKS FOR A DISTANCE OF 108.14 FEET AND 84.47 FEET AND A WIDTH OF 30 FEET IN THE CITY OF 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. Donald Kelly, P.O. Box 526, Mishawaka, Indiana, made the presentation for this bill. REGULAR MEETING NOVEMBER 13.2000 Mr. Kelly informed the Council that he is the owner of property adjacent to this particular property. He stated that as a result of the completion of the Ironwood underpass at Conrail and rerouting of Ironwood to the West this particular property is-no longer of use to the City and can only be accessed through his property to the east. Mr. Kelly informed the Council that this property was left over property when St. Joseph County built `the underpass on Ironwood off of Lincolnway. He also noted that he is in the process of purchasing two (2) parcels of property from the City of Mishawaka. The purpose of this vacation is to j oin together his properties that are now separated by this portion which was formerly Ironwood Drive. 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 nine (9) ayes. BILL NO. 99 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 10 FOOT WIDE ALLEY LYING NORTH OF, AND ADJACENT TO LOT 1, THE 10 FOOT WIDE ALLEY LYING SOUTH OF, AND ADJACENT TO LOT 47 AND THE 12 FOOT WIDE ALLEY LYING EAST OF, AND ADJACENT TO LOTS 1 THROUGH 5 INCLUSIVE ALL WITHIN AND A PART OF HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to continue this bill indefinitely at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 100 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY NORTH OF WAYNE STREET, FROM THE EAST R/W OF MAIN STREET TO THE WEST R/W OF THE FIRST NORTH/SOUTH ALLEY EAST OF MAIN STREET, FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. PART OF THE ORIGINAL PLAT OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA; AND THE FIRST NORTH/SOUTH ALLEY EAST OF MAIN STREET, FROM THE NORTH R/W LINE OF THE FIRST EAST /WEST ALLEY NORTH OF WAYNE STREET, TO THE SOUTH R/W LINE OF JEFFERSON BLVD. FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. PART OF THE ORIGINAL PLAT OF 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 subject to the agreements as noted in the Board of Public Works recommendation requiring agreements between the parties involved. Councilmember Varner asked Council Attorney Kathleen Cekanski- Farrand to detail the amendments as proposed. At this time, Attorney Cekanski- Farrand asked that the Council continue this bill to the end of the scheduled public hearings in order to give the petitioner time to discuss the proposed amendment with all parties involved. Therefore, Councilmember King made a motion to 1 J 1 REGULAR MEETING NOVEMBER 13, 2000 table this matter until after all the other bills scheduled on the agenda for Public Hearing. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Note: See Bill No. 100 -00 after the Public Hearing on Bill No. 105 -00 for final action on this bill. BILL NO. 101 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF BROOKFIELD STREET FROM THE NORTH RIGHT -OF -WAY OF MAGYAR COURT TO THE SOUTH RIGHT -OF -WAY OF PRAIRIE AVENUE, FOR A DISTANCE OF APPROXIMATELY 168.3 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN PRAIRIE AVENUE 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. Faron Young, 2018 Prairie Avenue, South Bend, Indiana, one of the petitioners, made the presentation on behalf of the other petitioners as follows: Mr. Joseph J. Koloszar Mr. Michael Fisher Mr. Joseph Szekendi Mr. Faron Young Mr. David Wilkin Ms. Pamela Burnette 2017 Prairie Avenue South Bend, IN 2021 Prairie Avenue South Bend, IN 2025 Prairie Avenue South Bend, IN 2018 & 2020 Prairie Avenue South Bend, IN 1914 Magyar Court South Bend, IN 1906 Magyar Court South Bend, IN Mr. Young informed the Council that he owns property on both sides of this alley and would like to close this alley to stop traffic from going through. He noted that he would like to use it as a private drive. 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 Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 102 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS ECLIPSE PLACE FROM THE NORTH R/W OF HAMILTON STREET FOR A DISTANCE OF 739.2 FEET AND A WIDTH OF 30 FEET. PART OF VERNON HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA; THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF KALEY STREET FROM THE NORTH R/W OF MARQUETTE BLVD. TO THE SOUTH R/W OF HAMILTON STREET FOR A DISTANCE OF 739.2 FEET AND A WIDTH OF 14 FEET. PART OF VERNON HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Coleman made a motion to continue this bill until the November 27, 2000 meeting REGULAR MEETING NOVEMBER 13, 2000 of the Council due to the fact that the Petitioner did not attend the Public Works and Property Vacation Committee meeting this afternoon and was not present this evening. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 1. BILL NO. 103 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, IN, APPROPRIATING $225,000 FROM THE SEWER REPAIR FUND (640) FOR THE PURPOSE OF FUNDING UNANTICIPATED PRIVATE SEWER REPAIRS Councilmember Al `Buddy" Kirsits reported that the Utilities Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Gary Gilot, Director, Department of Public Works, 1300 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Gilot stated that the City has incurred a larger number of sewer repairs for private residential properties than expected as well as the fact that the price over time has gone up and the City has incurred some more expensive repairs. Therefore, an appropriation froth within this fund of two hundred twenty -five thousand dollars ($225,000.00) is needed to cover anticipated expenses through the rest of the year. 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 King made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 104 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING THREE ADDITIONAL FUNDS IN THE SOUTH BEND SEWAGE WORKS AREA Councilmember Al `Buddy" Kirsits reported that the Utilities Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Gary Gilot, Director, Department of Public Works, 1300 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Gilot stated that this ordinance sets up three (3) new reserve funds. The funds are for the 1993 Bonds, the 1998 State Revolving Loan Fund and the Equipment Replacement Fund as required of all members in the State Revolving Loan Fund Program. 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 Kirsits made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 105 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING THREE ADDITIONAL FUNDS IN THE SOUTH BEND WATER WORKS AREA it REGULAR MEETING NOVEMBER 13.2000 Councilmember Coleman made motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Al "Buddy" 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 stated that this bill is for reserve funds that are necessary to satisfy the State Revolving Loan Fund for equipment replacement, the Water Works Debt Service Reserve Fund as well as the reserve from the Operation and Maintenance Fund which represents two (2) months of the 2001 operating budget. These reserves are necessary under the regulations for the State Revolving Loan Fund. 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 Kirsits made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 100 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY NORTH OF WAYNE STREET, FROM THE EAST R/W OF MAIN STREET TO THE WEST R/W OF THE FIRST NORTH/SOUTH ALLEY EAST OF MAIN STREET, FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. PART OF THE ORIGINAL PLAT OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA; AND THE FIRST NORTIUSOUTH ALLEY EAST OF MAIN STREET, FROM THE NORTH R/W LINE OF THE FIRST EAST /WEST ALLEY NORTH OF WAYNE STREET, TO THE SOUTH R/W LINE OF JEFFERSON BLVD. FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. PART OF THE ORIGINAL PLAT OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Note: Also see Bill No. 100 -00 listed above after Bill No 99 -00. Councilmember Coleman made a motion to reconsider Bill No. 100 -00. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Council Attorney Kathleen Cekanski - Farrand read the proposed amendment to the bill as follows: Renumber Section V to Section VI New Section V shall read as follows: Section V. This ordinance shall be subject to the first condition set forth in a letter dated November 13, 2000 from the Board of Public Works which is on file in the Office of the City Clerk. Said ordinance shall be further subject to the filing of written agreement(s) addressing ingress and egress between the petitioner and the property owners of the properties with Key Numbers: REGULAR MEETING 18- 3007 -0236 18- 3007 -0239 18- 3007 -0242 NOVEMBER 13.2000 18- 3007 -0249 18- 3007 -0247 18- 3007 -0248 with the City Clerk on or before December 13, 2000, and all such agreements being duly recorded in the St. Joseph County Recorder's Office. Councilmember King made a motion to consider the amendment as read by Attorney Cekanski- Farrand. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Michael Carrington, U.S. Marshall, 204 North Main Street, South Bend, Indiana, representing the Federal Court Building and Mr. Joel Malkin, Attorney, General Services Administration, made the presentation for this bill. Mr. Carrington informed the Council that the purpose of this vacation is to make the federal court building more secure. He noted that they have spent a lot of money and worked very hard at trying to improve the security in the building but the two (2) alleys that are immediately adjacent to the building make it almost impossible to provide any kind of adequate security. He further noted that the current federal guidelines require a one hundred (100) foot setback from the nearest streets or any public access to the building. Obviously they cannot meet that requirement but they are asking for help to control these two (2) alleys that are immediately adjacent to the building which make it impossible to secure the building properly. Mr. Carrington stated that they do not intend to build on the alleys or' make them inaccessible to the adjacent property owners who need access to the alleys for deliveries as well as for public safety including fire trucks or emergency services. They do plan to install gates at these alleys that allow individuals to come and go. They do not want to inconvenience anyone. Mr. Carrington advised that they did have a chance to speak with all the people who expressed concern and it would appear that all concerns have been worked out. Therefore, they will be able to meet their deadline and provide access as needed. Mr. Charles Leone, Attorney at Law, 105 East Jefferson Boulevard, Suite 400, South Bend, Indiana, informed the Council that he represents Dainty Maid Bake Shop which is located on one of the north/south alleys although not at the point where it is to be vacated. He stated that with the amendment as it has been suggested, they are in favor of this ordinance as it will address their concerns about egress and taking care of deliveries and allowing the large trucks to continue north. Ms. Joan Grabill, 54739 Winding Brook Drive, Mishawaka, Indiana, advised the Council that she is also one of the people mentioned in the amendment. One of her concerns is being able to use that portion of the alley when there are large trucks or when they need back alley delivery rather than front delivery. She stated that as long as they have some type of accommodation she does not have an objection. There was no one else present wishing to speak to the Council in favor of this bill and there was no one present wishing to speak in opposition to this bill. Therefore, Councilmember Kelly made a motion that this bill, as amended, be sent to the full Council with a favorable recommendation. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING NOVEMBER 13.2000 RISE AND REPORT Councilmember White made motion to rise and report to the full Council. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: A orett . Du , City Clerk ak, ai erson Committee of the Mole 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 7:40 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9156 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 502 S. BROOKFIELD IN THE CITY OF SOUTH BEND, INDIANA _ This bill had third reading. Councilmember Aranowski made a motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Aranowski made a motion to pass this bill as substituted. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9157 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 229 SOUTH WILLIAM, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly 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. 9158 -00 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF IRONWOOD DRIVE FROM THE SOUTH R/W LINE OF LINCOLNWAY EAST TO THE NORTH R/W LINE OF THE CONRAIL (NOW NORFOLK AND SOUTHERN) TRACKS FOR A DISTANCE OF 108.14 FEET AND 84.47 FEET AND A WIDTH OF 30 FEET IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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. REGULAR MEETING NOVEMBER 13.2000 ORDINANCE NO. 9159 -00 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF WAYNE STREET, FROM THE EAST R/W OF MAIN STREET TO THE WEST R/W OF THE FIRST NORTH/SOUTH ALLEY EAST OF MAIN STREET, FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. PART OF THE ORIGINAL PLAT OF SOUTH BEND; ST. JOSEPH COUNTY, INDIANA; AND THE FIRST NORTH/SOUTH ALLEY EAST OF MAIN STREET, FROM THE NORTH R/W LINE OF THE FIRST EAST/WEST ALLEY NORTH OF WAYNE STREET, TO THE SOUTH R/W LINE OF JEFFERSON BLVD. FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. PART OF THE ORIGINAL PLAT OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the amended version of this bill. Councilmember Ujdak 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. 9160 -00 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF BROOKFIELD STREET FROM THE NORTH RIGHT - OF -WAY OF MAGYAR COURT TO THE SOUTH RIGHT - OF -WAY OF PRAIRIE AVENUE, FOR A DISTANCE OF APPROXIMATELY 168.3 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN PRAIRIE AVENUE HEIGHTS ADD., SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9161 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, IN, APPROPRIATING $225,000 FROM THE SEWER REPAIR FUND (640) FOR THE PURPOSE OF FUNDING UNANTICIPATED PRIVATE SEWER REPAIRS 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. ORDINANCE NO. 9162 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING THREE ADDITIONAL FUNDS IN THE SOUTH BEND SEWAGE WORKS AREA This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 1 1 1 REGULAR MEETING NOVEMBER 13.2000 ORDINANCE NO. 9163 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING THREE ADDITIONAL FUNDS IN THE SOUTH BEND WATER WORKS AREA - This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember King seconded the motion which carried by a voice vote of - nine (9) ayes. Additionally, Councilmember Kelly made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 2946 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1904, 1912, 1920, 2004, AND 2012 PHILLIPA STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DAVE COKER 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 1904,1912, 1920, 2004, and 2012 Phillipa Street, South Bend, Indiana, and which is more particularly described as follows: Address Legal Descri tion Key No. 1904 Phillipa Street Lot 233 Highland Park - 2 "d Addition 18- 8097 -3709 Lot 234 Highland Park - 2 "d Addition 18- 8097 -3710 1912 Phillipa Street Lot 231 Highland Park - 2 "d Addition 18- 8097 -3707 Lot 232 Highland Park - 2 "d Addition 18- 8097 -3708 1920 Phillipa Street Lot 229 Highland Park - 2 "d Addition 18- 8097 -3705 Lot 230 Highland Park - 2 "d Addition 18- 8097 -3706 2004 Phillipa Street Lot 227 Highland Park - 2 "d Addition 18- 8097 -3703 Lot 228 Highland Park - 2 "d Addition 18- 8097 -3704 2012 Phillipa Street Lot 225 Highland Park - 2 "d Addition 18- 8097 -3701 Lot 226 Highland Park - 2 "d Addition 18- 8097 -3702 as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. REGULAR MEETING NOVEMBER 13, 2000 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 se g., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality ofbenefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indian a 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 ohly and is limited to five (5) REGULAR MEETING NOVEMBER 13.2000 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 sea. 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 Ms. Sue Clark, 54242 Maple Lane, South Bend, Indiana, made the presentation for this Resolution, on behalf of Mr. Dave Coker who was out of town. Ms. Clark advised that Mr. Coker is requesting approval of this tax abatement for five (5) building sites in the 1900 block of Phillipa Street. 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 Ujdak made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2947 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4411 QUALITY DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR GVW REALTY, LLC 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 4411 Quality Drive, South, South Bend, Indiana, and which is more particularly described as follows: Lot numbered one (1) as shown on the recorded plat of Hayes Olive Road Minor Subdivision, recorded July 17, 2000 as Document Number 0033926 in the Office of the Recorder of St. Joseph County, Indiana. Lot numbered Twenty A (20A) as shown on the recorded plat of Landmark Business Park, section 7, recorded October 19, 1992 as Document Number 9238271 in the Office of the Recorder of St. Joseph County, Indiana. and which has Key Numbers 25 -1017- 060203 and 25- 1017 -0602, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and REGULAR MEETING NOVEMBER 13.2000 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 11. 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 II1. 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 Aranowski advised that he will be recusing himself from voting on this tax abatement because he provides accounting services to the petitioner. Mr. Tom Gyuriak, 6115 Miami Street, South Bend, Indiana, made the presentation for this Resolution. Ms. Gyuriak noted that GVW Tire, Inc. through GVW Realty, LLC proposes to build a thirty -two thousand (32,000) square foot building on this site. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2948 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2629 FOUNDATION DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR VALUE TOOL & ENGINEERING, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2629 Foundation Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the Southwest Quarter of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana and which has Key Number 25- 1010- 040012, as an Economic Revitalization Area; and 1 J REGULAR MEETING NOVEMBER 13, 2000 WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et 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. Steven Hartz, President, 2629 Foundation Drive, South Bend, Indiana, made the presentation for this Resolution. Mr. Hartz advised that they are requesting this tax abatement for the purpose of buying manufacturing equipment to manufacture parts for several different industries across the country. This tax abatement will give them the ability to purchase the equipment which will give them the opportunity to hire twelve (12) new individuals at approximately four hundred thousand dollars ($400,000.00) a year in salaries and maintain ten (10) to twelve (12) individuals with salaries of approximately four hundred thousand dollars ($400,000.000) bringing the annual payroll to eight hundred thousand dollars ($800,000.00) to one million dollars ($1,000,000.00). 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 King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2949 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3751 OLIVE ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR GIBBS WIRE & STEEL CO., INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and REGULAR MEETING NOVEMBER 13.2000 WHEREAS, a Declaratory Resolution designated the area commonly known as 3751 Olive Road, South Bend, Indiana, and which is more particularly described as follows: Lot numbered one (1) as shown on the recorded plat of Gibbs' Olive Road Minor Subdivision recorded June 2, 2000 as document number 0026450 in the Office of the Recorder of St. Joseph County, Indiana. and which has Key Number 25 -1011- 018602, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (insert number of years () 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 111. 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. John Cleaver, Vice - President, Gibbs Wire & Steel Company, 52490 Old Hickory Lane, Granger, Indiana, made the presentation for this Resolution. Mr. Cleaver informed the Council that this business started in the Airport Industrial Park and since that time has had four (4) additions. Because they back onto Voorde Park they have no room to expand. Therefore, they have purchased fifteen (I 5)_ acres on Olive Road to build a one hundred seventy thousand (170,000) square foot building at a cost of approximately $5 million dollars. At this location they have additional space to hopefully add more footage to the facility in the future. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2950-00 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 515 WEST IRELAND ROAD, SOUTH BEND, INDIANA AN REGULAR MEETING NOVEMBER 13, 2000 ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, 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 515 West Ireland Road, South Bend, Indiana, and which is more particularly described as follows: A parcel of land located in the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of Section Twenty -Six (26), Township Thirty -Seven (37) North, Range Two (02) East of the Second (2nd) Principal Meridian and all being in Center Township, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the southeast corner of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26); thence South 90 °- 00' -00" West (bearing derived from description shown in title Commitment 9501843) as issued by St. Joseph Title Corp.), along the south line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty - Six (26) and also being along the centerline of a public road now known as Ireland Road, a distance of 400.00 feet; thence North 01 °30'-47" East, parallel with and 400.00 feet west of the east line of the Southeast Quarter (S.E. 1/4) of said Section Twenty -Six (26), a distance of 40.01 feet to the Point of Beginning of this description, said point of beginning being on the north right of way line of said Ireland Road and also being the southwest corner of a parcel conveyed to Roger R. Atwell and Eleanor Atwell as described in Quit Claim Deed No. 9416618; thence South 90 °00' -00" West, along said north right of way line of Ireland Road and being parallel with and 40.00 feet north of the south line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26), a distance of 891.36 feet to a point on the west line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26) and also being the southeast corner of a parcel conveyed to Louanne Osborne as described in Warranty Deed 9326881; thence North 00 °- 58' -55" East, along the west line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26) and also being along the east line of said parcel conveyed to Louanne Osborne and also along the east line of a parcel conveyed to Transit Mix, Inc. as described in Warranty Deed 9018257, a distance of 955.26 feet to a point which is South 00 °- 58' -55" West — 314.00 feet from a stone found at the northwest corner of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26); thence North 89 °- 42' -44" East, along the south line of two (02) parcels conveyed to Miles Laboratories, Inc. as described in Warranty Deed 7903212 and Warranty Deed 8501215, a distance of 1270.41 feet to a point on the west right of way line of a public street now known as Lafayette Street; thence South O1 °- 30' -47" West, along said west right of way line of Lafayette Street and being parallel with and 30.00 feet west of the east line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26), a distance of 602.05 feet to the northeast corner of a parcel conveyed to Arthur Fontonelli and as described in Warranty Deed 9335926; thence South 90 °- 00' -00" West, along the north line of said parcel conveyed to Arthur Fontonelli and also being along the north line of a parcel REGULAR MEETING NOVEMBER 13.2000 conveyed to Arthur Fontonelli as described in Corporate Warranty Deed 9335926, a distance of 310.00 feet to the northwest corner of said parcel conveyed to Arthur Fontonelli; 'thence South O1 °- 30' -47" West, along the west line of said parcel conveyed to Arthur Fontonelli, a distance of 360.00 feet to the Point of Beginning of this description and containing 24.793 Acres, more or less and which has Key Number 23 -1013 -0758, 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 suffcierit 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 se g., 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 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. 1 1 REGULAR MEETING NOVEMBER 13, 2000 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. 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 and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Richard Deahl, Barnes & Thornburg, 600 1" Source Center, 100 North Michigan Street, South Bend, Indiana, representing Mr. Robert Strzelecki, made the presentation for this Resolution. Mr. Deahl indicated that Lock Joint Tube is requesting this tax abatement to add on approximately fifty -one thousand (51,000) square feet to their existing facility. This will add two (2) new shipping bays and will allow for some efficiency in production and materials handling. The total investment to be made is estimated at $1.4 to $1.8 million dollars. This project will also create two (2) new full - time positions representing an annual payroll of fifty thousand dollars ($50,000.00) and will maintain two hundred forty -six (246) full time positions representing an annual payroll of $8.8 million dollars. Mr. Deahl noted that Mr. Strzelecki was present to answer any questions the Council may have concerning this tax abatement. 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 nine (9) ayes. RESOLUTION NO. 2951 -00 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS FROM THE WATER WORKS CAPITAL FUND ( #622) TO THE WATER WORKS LEAK INSURANCE FUND ( #644) WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA WHEREAS, it is necessary to provide funds for the Water Works Leak Insurance Fund No. 644, in order to meet the current operating expenses; and WHEREAS, there are monies on deposit to the credit of the Water Works Capital Fund No. REGULAR MEETING NOVEMBER 13.2000 622, which can be temporarily advanced or transferred to the aforementioned fund; and WHEREAS, Indiana Code 36 -1 -8 -4 authorizes the Common Council of the City of South Bend, by Resolution adopted by such Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such a period of time as may be prescribed in the Resolution. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $108,000.00 from the Water Works Capital Fund No. 622 to the Water Works Leak Insurance Fund No. 644. Any such transfers must be repaid by December 31, 2001. FROM MAXIMUM TO Water Works Capital Fund No. 622 $108,000.00 Water Works Leak Insurance Fund No. 644 Section II. Such transfer shall be made for a period of time not to exceed beyond December 31, 2001, and any funds so transferred shall be returned and repaid to the Water Works Capital Fund No. 622. Section III. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. John F. Stancati, Director, South Bend Water Works, 209 North Main Street, Suite 207, South Bend, Indiana, made the presentation for this Resolution. Mr. Stancati advised that this Resolution transfers of $108,000.00 in' order to meet current operating expenses. The cause of this shortfall is due to the continuing problem they have had for the past three (3) years as to the diversion of water due to the major improvements they have made in the system as well as the system getting older year by year. This transfer is to be repaid by December 31, 2001. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Aranowski seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 106 -00 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF FISHER STREET FROM THE WEST R/W LINE OF WEBS TER STREET TO THE WEST LOT LINE OF LOT 18, PECK'S 2ND SUBDIVISION OF PART BANK OUTLOTS 01 AND 02 FOR A DISTANCE OF 210 FEET. BEING A PART OF SAID PECK'S 2ND SUBDIVISION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 1 1 REGULAR MEETING NOVEMBER 13.2000 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on November 27, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 107 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MAKING TECHNICAL CHANGES TO ORDINANCE NO. 9127 -00 ADDRESSING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2001, 2002, 2003 AND 2004 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and the Health and Public Safety Committee and set it for Public Hearing and Third Reading on November 27, 2000. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 108 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 6, SECTION 17.49 OF THE MUNICIPAL CODE TO INCREASE WATER SERVICE FUND CHARGES This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on November 27, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 109 -00 FIRST READING ON A BILL APPROPRIATING $3,796,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2001, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 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 November 27, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 110 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $18,000 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND NUMBER 416) This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Parks and Recreation Committee and set it for Public Hearing and Third Reading on November 27, 2000. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING NOVEMBER 13, 2000 BILL NO. 111 -00 FIRST READING ON A BILL TRANSFERRING $486,805 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 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 November 27, 2000. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO.112 -00 FIRST READING ON A BILL APPROPRIATING $601,580 WITHIN FUND 212 FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT 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 November 27, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 113 -00 FIRST READING ON A BILL APPROPRIATING $52,624 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENTS'S ADMINISTRATIVE BUDGET 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 November 27, 2000. Counciliember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO.114 -00 FIRST READING ON A BILL APPROPRIATING $130,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SUPPORT TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR PROGRAM YEAR 2001 BEGINNING JANUARY 1, 2001 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 November 27, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 115 -00 FIRST READING ON A BILL APPROPRIATING $35,382 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S AREA REVITALIZATION EFFORT This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community 1 1 REGULAR MEETING NOVEMBER 13.2000 and Economic Development Committee and set it for Public Hearing and Third Reading on November 27, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 116-00 FIRST READING ON A BILL APPROPRIATING $127,000 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM 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 November 27, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 117 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $150,000 FROM THE SELF - INSURANCE FUND (FUND NO. 226) This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on November 27, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 118 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,000.00 FROM THE HAZ -MAT FUND (FUND #289) This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and the Health and Public Safety Committee and set it for Public Hearing and Third Reading on November 27, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 119 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $3,807.00 FROM THE EMS FUND (FUND NO. 288) This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and the Health and Public Safety Committee and set it for Public Hearing and Third Reading on November 27, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 120 -00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ALONG THE NORTH AND SOUTH SIDES OF THE 700 BLOCK OF PENNSYLVANIA AVENUE AND AN AREA BOUNDED BY MARIETTA STREET TO THE EAST, WENGER STREET TO THE NORTH, RUSH STREET TO THE WEST, AND PENNSYLVANIA AVENUE TO THE SOUTH, ALL WITHIN SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area REGULAR MEETING NOVEMBER 13, 2000 Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 121 -00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3553 ARDMORE TRAIL IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 122-00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 1733 SOUTH BEND AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 123 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $192,500 FROM THE WATERWORKS OPERATIONAL FUND ( #620) FOR THE PURPOSE OF TRANSFERRING THESE FUNDS TO THE WATER LEAK INSURANCE FUND ( #644) This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing grid Third Reading on November 27, 2000. Councilmember Varner seconded the _ motion which carried by a voice vote of nine (9) ayes. BILL NO. 124 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $300,000 FROM THE WATER LEAK INSURANCE FUND ( #644) FOR THE PURPOSE OF FUNDING UNANTICIPATED PRIVATE WATER LEAK REPAIRS This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on November 27, 2000. Councilnember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 125 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND PROVIDE UTILITY SERVICES AND TO ALLOCATE COSTS TO AN AREA RECENTLY ANNEXED WITHIN THE MUNICIPAL CITY LIMITS AND TO AN AREA OUTSIDE THE CITY LIMITS, BOTH LOCATED BETWEEN U.S. 31 SOUTH AND MAIN STREET IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA REGULAR MEETING NOVEMBER 13.2000 This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on December 11, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. At the Privilege of the Floor portion of the meeting, Mr. Gary Gilot, Director of Public Works, 13th Floor, County -City Building, South Bend, Indiana, informed the Council that because there is great pressure to get this job done and it would create a hardship to delay this matter, he asked that the Council conduct its Public Hearing on this matter on November 27tb instead of December 110'. Therefore, Councilmember King made a motion to reconsider this agenda item. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Ujdak made a motion that the Public Hearing and third reading on this bill be set for November 27, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Council Attorney Kathleen Cekanski- Farrand noted that the City Clerk's office would need a substitute bill which contains all the information left blank in the version submitted for first reading. This completed bill is required for proper advertising. UNFINISHED BUSINESS President Pfeifer thanked everyone who was involved in the recent loitering conference. She noted that a draft ordinance was distributed and she encouraged anyone who has comments to please contact their Councilmember with their concerns. NEW BUSINESS Councilmember Pfeifer advised that the Common Council will conduct only one (1) meeting in the month of December on December 11, 2000 unless there is unforeseen business. PRIVILEGE OF THE FLOOR Mr. Gary Gilot, Director of Public Works, 13`h Floor, County -City Building, South Bend, Indiana, informed the Council that in regards to Bill No. 125 -00, he would request that because there is great pressure to get this job done and it would create a hardship to delay this matter, that the Council conduct its public hearing on this matter on November 27th instead of December 11th. Councilmember King made a motion to reconsider this agenda item. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Ujdak made a motion that the Public Hearing and third reading on this bill be set for November 27, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Council Attorney Kathleen Cekanski- Farrand noted that the City Clerk's office would need a substitute bill which contains all the information left blank in the version submitted for first reading. This completed bill is required for proper advertising. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:20 p.m. ATTEST: Lorett J. Dud ./ City lerk ATTEST: Charlotte Pfeifer, President