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HomeMy WebLinkAbout07-26-99 Council Meeting MinutesREGULAR MEETING JULY 26, 1999 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of the County -City Building on Monday, July 26, 1999, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King Andrew Uj dak Sean Coleman John Hosinski Rod Sniadecki Absent: David Varner REPORT FROM THE SUB- COMMITTEE ON MINUTES There was no report from the sub - committee on minutes at this time. SPECIAL BUSINESS Council President Coleman reminded the public that the Council is entertaining letters of interest for Council appointments to the Redevelopment Commission. The Community and Economic Development Committee chaired by Councilmember Kelly will be handling interviews of interested applicants. Additionally, the Residential Neighborhood Committee chaired by Councilmember King will be handling letters of interest for the Council appointment to the Animal Control Commission. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:09 p.m. Councilmember Kelly made a motion to resolve into the Committee of the Whole. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. Chairperson Pfeifer presiding. BILL NO. 41-98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR THE PROPERTIES LOCATED BETWEEN SAMPLE AND TUTT STREETS AND FROM MAIN STREET WEST TO THE FIRST NORTH -SOUTH ALLEY WEST OF MAIN STREET Councilmember Kelly made a motion to continue this bill until the September 14, 1999 meeting of the Council. Council President Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 51-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OF TAXICAB COMPANIES, VEHICLES AND DRIVERS REGULAR MEETING JULY 26. 1999 Councilmember Aranowski made a motion to continue this bill until the August 9, 1999 meeting of the Council. Councilmember Sniadecki seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 46-99 A BILL AUTHORIZING THE TRANSFER OF FUNDS FROM CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACCOUNT FUNDS INTO OTHER CDBG ACCOUNTS Council President Coleman made motion to hear the substitute version of this bill. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Elizabeth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard stated that this is a transfer of CDBG funds of which $25,000 will assist in acquisition and demolitions for Neighborhood Housing Services, $20,000 will support LaCasa de Amistad and $4,086 will correct an error when this amount was incorrectly taken from the Near Northwest Social Concerns budget. 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 Sniadecki seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 52 -99 A BILL APPROPRIATING $26,374 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF BUSINESS ASSISTANCE'S ADMINISTRATIVE BUDGET Councilmember Kelly reported that the Community & Economic Development Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Elizabeth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard stated that this bill will appropriate $26,273.00 from the State Economic Development Fund as the final piece of the Division of Business Assistance administrative budget. 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. Council President Coleman seconded the motion which carried. REGULAR MEETING JULY 26. 1999 RISE AND REPORT Council President Coleman made a motion to rise and report to the full Council. Councilmember Kelly seconded the motion which carried. ATTEST: oret4J. ity Jerk ATTEST: Charlotte Pfeifer, Chai er n Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:13 p.m. Council President Sean Coleman presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9018 -99 AN ORDINANCE AUTHORIZING THE TRANSFER OF FUNDS FROM CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACCOUNT FUNDS INTO OTHER CDBG ACCOUNTS This bill had third reading. Councilmember King made a motion to consider the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kelly made a motion to pass this bill. Councilmember Sniadecki seconded the motion which carried and this bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9019-99 AN ORDINANCE APPROPRIATING $26,374 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF BUSINESS ASSISTANCE'S ADMINISTRATIVE BUDGET This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Aranowski seconded the motion which carried and this bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS BILL NO. 99 -68 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 638, 709, 713, 716, 717, 724, 725, AND 728 PENNSYLVANIA AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CITY OF SOUTH BEND BOARD OF PUBLIC WORKS, AND AMERICAN HOME DREAMS, INC. n 1 1 REGULAR MEETING JULY 26, 1999 As the Petitioner was not present to address the Council concerning this Resolution, Councilmember Hosinski made a motion to continue this Resolution until the August 9, 1999 regular meeting of the Council. Councilmember Sniadecki seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 2767-99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2442 JACLYN COURT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR JTG DEVELOPMENT 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 2442 Jaclyn Court, South Bend, Indiana, and which is more particularly described as follows: A PARCEL OF LAND LOCATED IN THE WEST!/20F THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A PKNAIL MARKING THE NORTHWEST CORNER OF SAID SECTION 22; THENCE NORTH 89 027'04" EAST, ALONG THE NORTH LINE OF SECTION 22, A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 °22'57" EAST, A DISTANCE OF 40.00 FEET TO A CAPPED 5/8" IRON REBAR ON THE EAST LINE OF NEW ENERGY DRIVE (FORMERLY KNOWN AS MAPLE ROAD); THENCE NORTH 89 027'04" EAST, ALONG A LINE 40.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 22, A DISTANCE OF 1247.65 FEET; THENCE SOUTH 00 °11'31" EAST, A DISTANCE OF 366.27 FEET TO THE "POINT OF BEGINNING" OF SAID PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 00 °11'31" EAST, A DISTANCE OF 278.88 FEET; THENCE SOUTH 89 °27'02" WEST, A DISTANCE OF 337.65 FEET; THENCE ALONG A CURVE, CONCAVE WESTERLY, WHOSE ELEMENTS ARE: CENTRAL ANGLE OF 34 °22'37 ", RADIUS OF 330.00 FEET, ARC LENGTH OF 198.00 FEET AND A CHORD THAT BEARS NORTH 16 059'47" EAST, 195.04 FEET; THENCE NORTH 000 1 P31" WEST, A DISTANCE OF 92.91 FEET; THENCE NORTH 89 °27'02" EAST, A DISTANCE OF 280.01 FEET TO THE "POINT OF BEGINNING ". CONTAINING 1.871 ACRES, MORE OR LESS. and which has Key Number 18- 1013 - 0325.13, as an Economic Revitalization Area; and WHEREAS, notice ofthe adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. 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 REGULAR MEETING JULY 26, 1999 the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1,1 -12 et. sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Sean Coleman Member of the Common Council Ms. Patti L. O'Brien, JTG Development/Ideal Interiors, 310 West Ewing, P.O. Box 2498, South Bend, Indiana, made the presentation for this Resolution. Ms. O'Brien noted that as stated at the July 12, 1999 meeting of the Council, JTG Development is requesting a special exception for this real estate tax abatement. Ms. O'Brien thanked the Council and asked for their continued support. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Ujdak made a motion to adopt this Resolution. Councilmember Aranowski seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 2768 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1808, 1809, 1810, 1812, AND 1813 CHALET COURT, 1808, 1809, 1810, 1812,1813, AND 1814 DUTCH COURT, 1808,1809,18 10, 1812, 1813, AND 1814 ELIZABETHAN COURT AND 1808, 1809, 1810, 1812, 1813, AND 1814 PROVINCIAL COURT AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR F & G DEVELOPMENT CORP. 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 1808, 1809, 1810, 1812, and 1813 Chalet Court, 1808, 1809, 1810, 1812, 1813 and 1814 Dutch Court, 1808, 1809, 1810, 1812, 1813, and 1814 Elizabethan Court and 1808, 1809, 1810, 1812, 1813, and 1814 Provincial Court, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 1808 Chalet Ct. Lot 85 of Southeast Estates Sec.7 23- 1024 - 1298,02 1809 Chalet Ct. Lot 89 of Southeast Estates Sec.7 23- 1024 - 1298,06 1810 Chalet Ct. Lot 86 of Southeast Estates Sec.7 23 -1024- 1298,03 1812 Chalet Ct. Lot 87 of Southeast Estates Sec.7 23- 1024 - 1298,04 REGULAR MEETING JULY 26. 1999 1813 Chalet Ct. Lot 88 of Southeast Estates Sec.7 23- 1024 - 1298.05 1808 Dutch Ct. Lot 93 of Southeast Estates Sec.7 23- 1024 - 1298.07 1809 Dutch Ct. Lot 98 of Southeast Estates Sec.7 23- 1024 - 1298.12 1810 Dutch Ct. Lot 94 of Southeast Estates Sec.7 23- 1024 - 1298.08 1812 Dutch Ct. Lot 95 of Southeast Estates Sec.7 23- 1024 - 1298.09 1813 Dutch Ct. Lot 97 of Southeast Estates Sec.7 23- 1024 - 1298.11 1814 Dutch Ct. Lot 96 of Southeast Estates Sec.7 23- 1024 - 1298.10 1808 Elizabethan Ct. Lot 101 of Southeast Estates Sec.7 23 -1024- 1298.13 1809 Elizabethan Ct. Lot 106 of Southeast Estates Sec.7 23 -1024- 1298.18 1810 Elizabethan Ct. Lot 102 of Southeast Estates Sec.7 23- 1024 - 1298.14 1812 Elizabethan Ct. Lot 103 of Southeast Estates Sec.7 23- 1024 - 1298.15 1813 Elizabethan Ct. Lot 105 of Southeast Estates Sec.7 23 -1024- 1298.17 1814 Elizabethan Ct. Lot 104 of Southeast Estates Sec.7 23- 1024 - 1298.16 1808 Provincial Ct. Lot 109 of Southeast Estates Sec. 7 23- 1024 - 1298.19 1809 Provincial Ct. Lot 114 of Southeast Estates Sec. 7 23- 1024 - 1298.24 1810 Provincial Ct. Lot 110 of Southeast Estates Sec. 7 23- 1024 - 1298.20 1812 Provincial Ct. Lot 111 of Southeast Estates Sec. 7 23- 1024 - 1298.21 1813 Provincial Ct. Lot 113 of Southeast Estates Sec. 7 23- 1024 - 1298.23 1814 Provincial Ct. Lot 112 of Southeast Estates Sec. 7 23- 1024 - 1298.22 as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et 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: 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 REGULAR MEETING JULY 26. 1999 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 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 /Sean Coleman Member of the Common Council Mr. Joe Goossens, President, F & G Development Corporation, 2628 Woodwinds Court, Mishawaka, Indiana, made the presentation for this Resolution. Mr. Goossens asked the Council for their support of the above referenced project and for their continued support. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion. Councilmember Ujdak indicated that Councilmember Varner had several questions concerning this tax abatement but because he could not be present at the Council meeting today, he would like to ask Mr. Goossens the questions on Councilmember Varner's behalf. Councilmember Ujdak asked Mr. Goossens if it is a true statement that the houses to be built would REGULAR MEETING JULY 26, 1999 be between one thousand four hundred (1,400) square feet and one thousand eight hundred (1,800) square feet. Mr. Goossens stated that the ranch style houses would be at a minimum one thousand four hundred (1,400) square feet and the two -story houses would be a minimum of one thousand eight hundred (1,800) square feet. He noted that these fall within the range of other homes in the subdivision and they hope to build homes that are as economically sound, or better, at this point. He confirmed that these houses will be site built stick houses. The motion carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 2769-99 RESOLUTION NO. 2770 -99 Councilmember Hosinski made a motion that these Resolutions be combined for Public Hearing purposes. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 2769-99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4747 AND 4775 AMERITECH DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR DYNAMIC INDUSTRIES, 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 4747 and 4775 Ameritech Drive and which is more particularly described as follows: ADDRESS LEGAL DESCRIPTION 4747 Ameritech Dr. LOT 7 OF U.S. 31 INDUSTRIAL PARK SECTION ONE RECORDED AS INSTRUMENT 9743763 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, INDIANA 4775 Ameritech Dr. LOT 8 OF U.S. 31 INDUSTRIAL PARK SECTION TWO RECORDED AS INSTRUMENT 9846535 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, INDIANA as an Economic Revitalization Area; and KEY NUMBER 25 -1016- 0600.10 25 -1016- 0600.11 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: REGULAR MEETING JULY 26, 1999 SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution "shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Sean Coleman Member of the Common Council RESOLUTION NO. 2770 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4747 AND 4775 AMERITECH DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION ON BEHALF OF DYNAMIC R.E.H.C., 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 4747 and 4775 Ameritech Drive, South Bend, Indiana, and which is more particularly described as follows: ADDRESS LEGAL DESCRIPTYON KEY NUMBER 4747 Ameritech Dr. LOT 7 OF U.S. 31 INDUSTRIAL 25- 1016- 0600.10 PARK SECTION ONE RECORDED AS INSTRUMENT 9743763 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, INDIANA 4775 Ameritech Dr. LOT 8 OF U.S. 31 INDUSTRIAL 25- 1016 - 0600.11 PARK SECTION TWO RECORDED AS INSTRUMENT 9846535 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, INDIANA as an Economic Revitalization Area; and WHEREAS, notice ofthe adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: �l LI' REGULAR MEETING JULY 26, 1999 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 /Sean Coleman Member of the Common Council Mr. Bud Frepan, General Manager, Bud's Machine Shop, a division of Dynamic Industries, 23200 Keller Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Frepan asked for the Council's continued support of this project and for the personal and real property tax abatements. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Aranowski made a motion to adopt this Resolution No. 2769 -99. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes, with Councilmember Hosinski recusing himself from voting on this matter. Additionally, Councilmember Kelly made a motion to adopt Resolution No. 2770 -99. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes, with Councilmember Hosinski recusing himself from voting on the matter. RESOLUTION NO. 2771-99 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 3601 WEST MCGILL AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR JRS ENTERPRISES, LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3601 West McGill, South Bend, Indiana, and which is more particularly described as follows: A part of the Northeast Quarter of Section 28, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, described as follows: Commencing at the Northeast corner of Section 28; thence South 89 °48'05" West along the North line of said Quarter Section a distance of 1305.00 feet; thence South 0 °00'23" West along the centerline of Kenmore Street a distance of 363.70 feet; thence South 9 °59'37" East along said centerline a distance of 486.87 feet to the centerline intersection of Kenmore Street with McGill Street; thence South 80 °00'23" West along the centerline of McGill Street a distance of 303.50 feet; thence North 89 °59'37" West along said centerline a distance of270.66 feet; thenceNorth 0 °00'23" East a distance of 35.00 feet to the North right of way boundary of said McGill Street REGULAR MEETING JULY 26, 1999 and the point of beginning; thence North 0 °00'23" East a distance of 366.65 feet; thence North 89 °48'06" East a distance of 260.00 feet; thence South 0 °00'23" West a distance of 361.04 feet to the North boundary of said McGill Street; thence Southwesterly along said boundary 156.61 feet along an arc to the right having a radius of 1874.86 feet and subtended by a long chord having a bearing of South 80 °48'36" West and a length of 156.43 feet; thence North 89 °59'37" West along said boundary a distance of 103.57 feet to the point of beginning, later to be known as Lot One (1) McGill Street First Minor Subdivision. (more commonly known as 3601 West McGill, South Bend, Indiana, 46628) together with the improvements and fixtures located thereon and which has Key Number 25- 1010 - 0385.14, 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 se g., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5 et. sea., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic 1 U 1 REGULAR MEETING JULY 26, 1999 Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. James P. Knepp, Attorney at Law, Hahn, Walz and Knepp, 509 West Washington Avenue, South Bend, Indiana, advised that he represents JRS Enterprises and AAA Tool and Die Company. He noted that Mr. John Shirrell, Manager, JRS Enterprises and President and Chief Operating Officer for AAA Tool and Die Company was also present.. Mr. Knepp noted that AAA Tool and Die Company has been a local family owned business in South Bend since 1961. JRS Enterprises wants to purchase state of the art equipment which is the first stage of a change over of equipment to maintain the competitive advantage they have which within the tool and die industry is a necessity to either improve or close. Mr. Knepp asked for the Council's support of 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 Hosinski made a motion to adopt this Resolution. Councilmember Sniadecki seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 2772-99 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 4404 NIMTZ PARKWAY AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HALDEX GARPHYTTAN CORPORATION WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 4404 Nimtz Parkway, South Bend, Indiana, and which REGULAR MEETING JULY 26, 1999 is more particularly described as follows: Lots 16 and 17 of the H. G. Baus Centre Industrial Park which are a part of: The Southwest Quarter (1/4) of Section 21, Township 38 North, Range 2 East, excepting therefrom the following two tracts: Tract 1: Commencing at the Northwest corner of the Southwest 1/4 of Section 21, Township 38 North, Range 2 East, thence in an Easterly direction along the North line of said Quarter Section a distance of 650.41 feet to the point ofbeginning, thence continuing along the said North line in an Easterly direction, on the arc of a circular curve to the right of 0'58'28.1", a distance of 983.65 feet to the East line of said Quarter Section; thence in a Southerly direction along said East line a distance of 350.36 feet; thence in a Northwesterly direction on the arc of a circular curve to the left of 01'01'36.8" a distance of 2148.26 feet to the point of beginning. Tract 2: A part of the Southwest 1/4 of Section 21, Township 38 North, Range 2 East, St. Joseph County, Indiana, described as follows: Beginning at the Northeast corner of said Quarter Section; thence South 00 °52'00" East 424.89 feet along the East line of said Quarter Section to the Northern Boundary of the Indiana East -West Toll Road; thence along said Northern boundary northwesterly 989.03 feet along an arc to the left having a radius of 5,879.58 feet and subtended by a long chord having a bearing of North 65 °33'44" West and a length of 987.87 feet to the North line of said Quarter Section; thence North 88 057'48" East 893.08 feet along said North line to the point of beginning. and which has Key Number 25 -1010- 0361.03, 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 Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5 et. seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. REGULAR MEETING JULY 26, 1999 d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. Scott Buzzard, Controller, 7852 Union Road, Plymouth, Indiana made the presentation for this Resolution. Mr. Buzzard stated that Haldex Garphyttan is requesting a five (5) year personal property tax abatement for $1.3 million dollars worth of production equipment that will expand their production capabilities by twenty per cent (20 %). He further noted that they will add two (2) new positions at sixty thousand dollars ($60,000.00) in salaries. 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 Aranowski made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. REGULAR MEETING JULY 26, 1999 RESOLUTION NO. 2773 -99 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 3801 VOORDE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR KOONTZ - WAGNER ELECTRIC COMPANY, 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 3801 Voorde Drive, South Bend, Indiana, and which is more particularly described as follows: BEG NE COR SHERIDAN & VOORDE DR 11.98 AC MORE OR LESS SEC 33 38 2E and which has Key Number 18- 2184 - 693814, 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. seg., and South Bend Municipal Code Sections 2 -76, et seg., 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. seg., 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; 1 1 REGULAR MEETING JULY 26. 1999 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 three (3) 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 /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. Paul Witek, 57238 Fallen Timber Court, South Bend, Indiana, Treasurer, Koontz - Wagner Electric Company, Inc., made the presentation for this Resolution. Mr. Witek stated that a real property tax abatement is requested for a planned expansion of their production facilities at 3801 Voorde Drive. The expansion will begin later this summer and be completed early next year. The additional capacity is needed for some added business in their Custom Controls Division. 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 King 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 eight (8) ayes. REGULAR MEETING JULY 26. 1999 RESOLUTION NO. 2714-99 A RESOLUTION OF THE CITY OF SOUTH BEND COMMON COUNCIL, PROVIDING PRELIMINARY APPROVAL OF THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS TO FINANCE CERTAIN ECONOMIC DEVELOPMENT FACILITIES WHEREAS, Dynamic R.E.H.C., Inc., an Indiana corporation (the "Applicant ") desires to finance the acquisition, construction and equipping of an approximate 50,000 square foot manufacturing facility located on Lots 7 and 8 in the U.S. 31 Industrial Park on the west side of Ameritech Drive approximately 910 feet north of Brick Road in South Bend, Indiana, for lease to Dynamic Industries, Inc. d/b /a Bud's Machine Co., for use in its business as a machine shop in the manufacture of machine tool components and related products. WHEREAS, to induce Applicant to proceed with such project, the Common Council desires to adopt this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. It is apparent that said project will increase job opportunities and industrial diversification in and near the City of South Bend, resulting in a benefit to the welfare of the public in the City. 2. In order to encourage and induce Applicant to undertake such project, the City shall cooperate with and take such action as may be necessary to finance the cost of such project from the proceeds of economic development revenue bonds issued by the City in an aggregate principal amount of not to exceed $1,495,000, including reimbursements of costs of the project paid prior to the issuance of the bonds. 3. The City shall proceed to cooperate with and take such action as may be necessary in drafting documents or in the performance of such other acts as will facilitate the issuance of such bonds to provide funds for such purpose. 4. The Applicant may proceed with such project in reliance upon this resolution. 5. The liability and obligation of the South Bend Economic Development Commission, the Common Council, and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue such bonds, and such entities and their officers and agents shall not incur any liability if for any reason the proposed issuance of such bonds is not consummated; and the bonds shall be special, limited obligations of the City, payable solely from the funds provided therefor as described in the documents authorizing the issuance of the bonds, and shall not constitute an indebtedness of the City or a loan of the credit thereof. 6. This Resolution shall be in full force and effect from and after its adoption and approval by the Mayor. s/ Sean Coleman Member of the Common Council Mr. Kenneth P. Fedder, Attorney at Law, 205 West Jefferson Boulevard, South Bend, Indiana, advised that he was present on behalf of the South Bend Economic Development Commission. He noted that Mr. Philip J. Faccenda, Jr., Barnes & Thornburg, 6001St Source Bank Center, 100 North Michigan, South Bend, Indiana, is bond counsel for this project. Mr. Fedder made the presentation for this Resolution. REGULAR MEETING JULY 26, 1999 Mr. Fedder advised that the City is entertaining an application for an Economic Development Revenue Bond to finance the acquisition of land and construction of a fifty thousand (50,000) square foot building in the industrial park. The Resolution submitted today is an Inducement Resolution which is the initial step in the issuance of bonds which would permit the borrower to reimburse expenditures from the project out of the bond proceeds for any expenses paid up to sixty (60) days prior to the passage of this Inducement Resolution. Mr. Fedder noted that they will be back in the future for the typical funding ordinance as the bond project goes forward. 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 seven (7) ayes, with Councilmember Hosinski recusing himself from voting on this matter. BILLS - FIRST READING BILL NO. 56 -99 A BILL AMENDING CHAPTER 21, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE REGARDING THE PARKING OF OVERSIZED VEHICLES IN "A" RESIDENTIAL USE DISTRICT IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. . BILL NO. 57 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 8, (SUBDIVISIONS), SECTION 21 -135 DEFINITIONS, OF THE SOUTH BEND MUNICIPAL CODE TO ADD A DEFINITION OF LOT OF RECORD This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 58 -99 A BILL OF THE CITY OF SOUTH BEND, INDIANA, COMMON COUNCIL APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE FOR THE RENOVATION AND EQUIPPING OF THE FORMER O'BRIEN SCHOOL FOR USE AS A RECREATION CENTER AND PARK DEPARTMENT ADMINISTRATIVE OFFICE SPACE AND REGARDING CERTAIN RELATED MATTERS This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Parks and Recreation Committee and set it for Public Hearing and Third Reading on August 9, 1999. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 59-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEARS 2000, 2001, 2002, and 2003 REGULAR MEETING JULY 26, 1999 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 September 27, 1999. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION Councilmember Kelly made a motion that the following bill Nos. 30-99,44-99,43-99 and 47 -99 be referred to the Zoning and Annexation Committee and be set for Public Hearing and Third Reading on August 9, 1999. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. 1. BILL NO. 30-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 6, DIVISION 2, EXCEPTIONS TO DISTRICT REGULATIONS, OF THE SOUTH BEND MUNICIPAL CODE TO CHANGE THE REQUIREMENTS OF COMBINED USE BUILDINGS IN "C" COMMERCIAL DISTRICTS AND TO ALLOW PARKING LOTS AS EXCEPTIONS IN ALL DISTRICTS 2. BILL NO. 44-99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1005 QUEEN STREET, AT THE CORNER OF SHERMAN AND QUEEN, IN THE CITY OF SOUTH BEND, INDIANA 3. BILL NO. 43-99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1422 E. CALVERT ST. IN THE CITY OF SOUTH BEND, INDIANA 4. BILL NO 47 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1613 W. DUNHAM, IN THE CITY OF SOUTH BEND, INDIANA NEW BUSINESS SPECIAL MEETING OF THE COUNCIL - AUGUST 30, 1999 - 5:00 P.M. Councilmember Aranowski made a motion that the Council set a Special Meeting for August 30, 1999 at 5:00 p.m. for first reading of the budget. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. 2. REGULAR MEETING OF SEPTEMBER 13, 1999 CHANGED TO TUESDAY SEPTEMBER 14, 1999 Councilmember Aranowski noted that the regular meeting of the Council scheduled for September 13,1999 needs to be changed to September 14,1999 at 5:00 p.m. in order to have second reading and Public Hearing on the budget. Therefore, Councilmember Hosinski made a motion to change the date and time of the Council meeting to 5:00 p.m. on Tuesday, REGULAR MEETING JULY 26, 1999 September 14, 1999. Councilmember Sniadecki seconded the motion which carried by a voice vote of eight (8) ayes. 3. ATTENDANCE AT AUGUST 9, 1999 MEETING OF THE COUNCIL Council President Coleman advised that he will not be present at the August 9, 1999 meeting of the Council. Councilmember Hosinski also advised that he will not be in attendance at that meeting. 4. PERSONNEL & FINANCE COMMITTEE SCHEDULE FOR BUDGET HEARINGS Councilmember Aranowski advised that the Personnel and Finance Committee will be conducting budget hearings beginning on August 30, 1999, and the full schedule of those hearings will be available in the City Clerk's office. 5. LOITERING CONFERENCE - PART II Councilmember Pfeifer reminded everyone that Part II of the Loitering Conference will take place on Friday, August 6, 1999 at IUSB. She noted that Part III of the Conference will take place in the future. 6. SOUTH BEND HOSTING CHOIR OF SISTER CITY OF CZESTOCHOWA Council President Coleman advised that the City of South Bend is hosting the choir from our Sister City of Czestochowa this week. PRIVILEGE OF THE FLOOR Mr. Jim Cierzniak, 1156 East Victoria Street, South Bend, Indiana, distributed to Council members copies of the College Football Hall of Fame June financial report. Mr. Cierzniak reviewed the figures on the report with the Council as well as asking Council members some questions which he included on the bottom of the June report. Mr. Cierzniak also advised the Council that he responded to a recent article in the South Bend Tribune written by David Haugh in which Mr. Haugh indicates that the Hall of Fame is not under local ownership. Mr. Cierzniak read his response to that article. ADJOURNMENT There being no further business to come before the Council, President Coleman adjourned the meeting at 7:47 p.m. ATTEST: • ,W C i V • I erk ATTEST: Sean Coleman, President