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HomeMy WebLinkAbout08-09-99 Council Meeting MinutesREGULAR MEETING AUGUST 9, 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, August 9,1999, at 7:00 p.m. The meeting was called to order by Councilmember Charlotte Pfeifer and the Pledge to the Flag was given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Uj dak Rod Sniadecki Absent: Sean Coleman John Hosinski 1 st District 2nd District Chairperson, Committee of the Whole 3rd District 4th District 5th District 6th District At -Large At -Large President At -Large Vice - President 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 July 12, 1999 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Sean Coleman s/David Varner Additionally, To The Common Council of the City of South Bend: The sub - committee has inspected the minutes of the July 26, 1999 meeting of the Council and found them correct. Therefore, I recommend the same be approved. It is noted that Councilmember Varner was not in attendance at the July 26, 1999 meeting of the Council. s /Sean Coleman Councilmember Kelly made a motion that the minutes of the July 12, 1999 and July 26, 1999, meetings of the Council be accepted and placed on file. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS APPOINTMENT TO REDEVELOPMENT COMMISSION Councilmember Kelly advised that the Council will be making an appointment to the South Bend Redevelopment Commission. He noted that anyone with an interest to serve on this Commission should submit an application to the City Clerk's office. He further noted that the deadline for the submission of applications for this position is August 23, 1999. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Aranowski made amotion to resolve into the Committee ofthe Whole. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Charlotte Pfeifer presiding. It is noted that in the absence of Council President Sean Coleman and Vice - President John Hosinski, Councilmember Pfeifer will be presiding over all business of the Council this evening. REGULAR MEETING AUGUST 9, 1999 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 Councilmember Aranowski made a motion to continue this bill until the August 23, 1999, meeting of the Council at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. 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 Councilmember Kelly made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Pfeifer reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from "D" Light Industrial, "D" Height and Area to "A" Residential, "A" Height and Area to allow for a single family residence. Mr. Byorni stated that the property is currently vacant. Access to the site is from Queen and Sherman Streets. The total site to be rezoned is fourteen thousand two hundred eight (14,208) square feet. Mr. Byorni further noted that the Area Plan Commission, based on its Public Hearing held on July 20, 1999, sent this petition to the Council with a favorable recommendation. He noted that this site is adjacent to many other residential uses. Ideally, the remaining residential sized lots on the north side of Queen Street will also be rezoned and developed as homes to provide a distinct boundary from the industrial use to the south. Mr. Byorni further noted that the petitioner should be aware that those lots are currently zoned "D" Light Industrial and could be developed for industrial purposes at any time in the future. Mr. Harry Lacy, 704 E. Corby Boulevard, South Bend, Indiana, was present on behalf of the Petitioner, Ms. Debra Turner, 704 East Corby Boulevard, South Bend, Indiana and made the presentation for this rezoning. Mr. Lacy stated that Ms. Debra Turner is the owner of the land and she intends to build a single family house. He noted that they believe it is a good neighborhood and they have received good comments from the neighbors in regards to their intent to build a new house in the area. Mr. Lacy further noted that they believe this new house will uplift the neighborhood and be a positive impact for the area. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to address the Council either in favor of or in opposition to this bill. Councilmember Aranowski advised that the Keller Park neighborhood is very excited about this rezoning as it is fulfilling their plan for the area. Councilmember Aranowski wished the new owners the best of luck. Councilmember Aranowski made a motion to send this bill to the full Council favorably. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. REGULAR MEETING AUGUST 9, 1999 BILL NO. 47-99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1613 W. DUNHAM, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Aranowski made a motion to strike this bill from Council consideration. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. 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 BUILDING IN "C" COMMERCIAL DISTRICTS AND TO ALLOW PARKING LOTS AS EXCEPTIONS IN ALL DISTRICTS Councilmember Kelly made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Pfeifer reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, advised that this is an Area Plan Commission initiated petition to amend the City of South Bend zoning ordinance to change the requirements of combined use buildings in "C" Commercial Districts. This amendment would allow apartments on any floor as a special exception in commercial buildings. This amendment also permits parking lots for residentially permitted uses in residential districts such as churches. They can have a lot that is not contiguous to their property. Mr. Byorni further stated that based on its Public Hearing held on July 20, 1999, the Area Plan Commission sent this petition to the Council with a favorable recommendation. Mr. Byorni concluded by advising the Council that his report was also the presentation for this bill. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to address the Council either in favor of or in opposition to this bill, Councilmember King made a motion to send this bill to the full Council favorably. Councilmember Sniadecki seconded the motion which carried by a voice vote of seven (7) 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 Councilmember Kelly made motion to hear the substitute version of this bill. Councilmember Sniadecki seconded the motion which carried by a voice vote of seven (7) ayes. Council Member Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation as amended. Ms. Ann Carol Nash, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Nash stated that over the years she has had conversations with people involved with various aspects of this ordinance and has used their influence in the drafting of this revised ordinance. She noted that she believes the changes provide a great enhancement to enforce measures that deal with public safety and raise the quality of service. REGULAR MEETING AUGUST 9. 1999 Councilmember Sniadecki inquired of Ms. Nash the average length of time for an application to go through the review process. Ms. Nash noted that an application to be a taxi cab driver usually takes about one (1) week. She noted that a police background check must be conducted. An application to operate a taxi cab company will take a little longer. She noted that in the previous version of this ordinance this application would have to go through the Board of Public Works but now it would be handled by the City Controller's office. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Walter Jones, owner of ABC Cab Company, 3407 Kent Lane, South Bend, Indiana, advised that he had attended many meetings concerning this taxicab ordinance and thanked Ann Carol Nash and the Council for their efforts. He stated that there is no perfect bill but he would recommend passage of this bill. He noted that his cab company is one of the companies currently under suspension by the City for some infractions. He further noted that what he was doing was commonly accepted practice for years and they have all cut corners. Mr. Jones stated that this new ordinance contains a provision that requires that every driver of a taxicab have a City license as well as a public passenger chauffeurs license and that the cab will be impounded should they be without these licenses. He stated that this is an expensive penalty but one that will keep all companies equal. Mr. Ken Donnelly, 55657 Fairview, South Bend, Indiana, advised that he is a former taxicab driver and would recommend passage of this ordinance with some reservations. Mr. Donnelly noted that the liability insurance requirements for carriers has tripled and that the costs will eventually have to be passed on to the customer. He stated that in general this bill as presented is a good start. Mr. Chika Nwokah, owner of University Cab Company, 1814 South Scott Street, South Bend, Indiana, stated that some good resolution was needed in this matter. He noted that the insurance requirement is high but he can live with it and he is in support. He noted that the companies will need to reappraise their operation to make sure their overhead is brought down because someone has to pay for this additional cost. He noted that he is in support of whatever will make it easier and better for the companies. There was no one present wishing to address the Council in opposition to this bill. Councilmember Aranowski thanked the cab company owners, Ann Carol Nash and Council Attorney Kathleen Cekanski - Farrand, for their part in pulling this ordinance together. He noted that this ordinance made some great strides for the safety of customers and drivers. Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) 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 Councilmember Pfeifer reported that the Parks and Recreation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Phil St. Clair, Superintendent, Park Department, 301 South St. Louis Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. St. Clair asked the Council for their favorable recommendation on a seven (7) year Lease for approximately $600,000.00 at five and three quarters per cent (5 3/4 %) interest for an annual REGULAR MEETING AUGUST 9, 1999 payment of $102,000 from the Park Operating Budget each year. The revenue is for the improvements of the former O'Brien School to convert it to a recreation center and park and administration offices. The north side of the facility will be for recreation use with the south side being used for park administrators, clerical staff and programmers. Mr. St. Clair indicated that it is anticipated that this project will start later this Fall and that there will be some limited programming as early as February of the year 2000. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to address the Council either in favor of or in opposition to this bill. Councilmember Varner stated that while this is a lease purchase arrangement he inquired whether there was a general obligation clause which would then lead to a tax. He stated that at the committee meeting this afternoon this question was raised and it is his understanding that there is no general obligation clause and payments would be funded on an annual basis. Mr. St. Clair confirmed that this is a true statement. Councilmember Kelly made a motion to send this bill to the full Council favorably. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. RISE AND REPORT Councilmember Kelly made motion to rise and report to the full Council. Councilmember Sniadecki seconded the motion which carried. ATTEST: v Loretta . D d , City er ATTEST: ( � LA, Charlotte Pfeifer, Chairp rs 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 7:22 p.m. Councilmember Pfeifer presided with seven (7) members present. BILLS - THIRD READING ORDINANCE NO. 9020 -99 AN ORDINANCE 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 This bill had third reading. Councilmember Sniadecki made a motion to amend this bill as it was in the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Aranowski made a motion for passage of this bill. Councilmember Kelly seconded the motion which carried by a roll call vote of seven ayes. 1 I 1 REGULAR MEETING AUGUST 9. 1999 ORDINANCE NO. 9021-99 AN ORDINANCE 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 BUILDING IN "C" COMMERCIAL DISTRICTS AND TO ALLOW PARKING LOTS AS EXCEPTIONS IN ALL DISTRICTS This bill had third reading. Councilmember Varner made a motion to consider the substitute version of this bill. Councilmember Sniadecki seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Aranowski made a motion to pass this bill. Councilmember King seconded the motion which carried and this bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9022-99 AN ORDINANCE 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 This bill had third reading. Councilmember Varner made a motion to consider the substitute version of this bill. Councilmember Sniadecki seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Aranowski made a motion to pass this bill. Councilmember Sniadecki seconded the motion which carried and this bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9023 -99 AN ORDINANCE 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 third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Sniadecki seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. RESOLUTIONS RESOLUTION NO. 2775 -99 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 RESIDENTIALLY DISTRESSED AREAS 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. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a REGULAR MEETING AUGUST 9, 1999 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 638, 709, 713, 716, 717, 724, 725, and 728 Pennsylvania, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 638 Pennsylvania Southeast Neighborhood Redevelopment 18- 7016 -0626 Phase One, Section Two Subdivision Lot 33 of Southeast Neighborhood Redevelopment, Phase One, Section Two Subdivision 709 Pennsylvania Southeast Neighborhood Redevelopment, 18- 7020 -0813 Phase One, Section Two Subdivision Lot 22 of Southeast Neighborhood Redevelopment, Phase One, Section Two Subdivision 713 Pennsylvania Southeast Neighborhood Redevelopment, 18- 7020 -0814 Phase One, Section Two Subdivision Lot 23 of Southeast Neighborhood Redevelopment, Phase One, Section Two Subdivision 716 Pennsylvania Southeast Neighborhood Redevelopment 18- 7016 -0623 Phase One, Section Two Subdivision Lot 30 of Southeast Neighborhood Redevelopment, Phase One, Section Two Subdivision 717 Pennsylvania Southeast Neighborhood Redevelopment, 18- 7020 -0815 Phase One, Section Two Subdivision Lot 24 of Southeast Neighborhood Redevelopment, Phase One, Section Two Subdivision 724 Pennsylvania Southeast Neighborhood Redevelopment, 18- 7020 -0820 Phase One, Section Two Subdivision Lot 29 of Southeast Neighborhood Redevelopment, Phase One, Section Two Subdivision 725 Pennsylvania Southeast Neighborhood Redevelopment, 18- 7020 -0816 Phase One, Section Two Subdivision Lot 25 of Southeast Neighborhood Redevelopment, Phase One, Section Two Subdivision 728 Pennsylvania Southeast Neighborhood Redevelopment, 18- 7020 -0817 Phase One, Section Two Subdivision Lot 26 of Southeast Neighborhood Redevelopment, Phase One, Section Two Subdivision 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: REGULAR MEETING AUGUST 9. 1999 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 F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality ofbenefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. 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. REGULAR MEETING AUGUST 9, 1999 SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et se g. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Mr. Marco J. Marian, Neighborhood Planner, Planning & Neighborhood Development, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, was present and made the presentation on this Resolution on behalf of the City of South Bend Board of Public Works and American Home Dreams. Mr. Mariani stated that they look forward to the Council's confirmation of this Resolution. 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 seven (7) ayes. RESOLUTION NO. 2776 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3601 WEST MCGILL TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR JRS ENTERPRISES, 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 3601 West McGill 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 of 270.66 feet; thence North 0 °00'23" East a distance of 35.00 feet to the North right of way boundary of said McGill Street 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 are to the right having a radius of 1874.86 feet and subtended by a long chord having a bearing of South 80 048'36" 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 1 1 1 REGULAR MEETING AUGUST 9, 1999 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, 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 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 se q. 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. John R. Shirrell, Manager, JRS Enterprises, and President of AAA Tool and Die Company, 3601 West McGill, South Bend, Indiana, made the presentation for this Resolution. Mr. Shirrell advised that they are petitioning the Council for a personal property tax abatement to offset the expenses of a new Wire EDM machine which will cost $190,000.00. This machine will allow them to continue efficient service of their customers. Mr. Shirell further stated that they will need to add two (2) new employees for an additional $65,000.00 to their current annual budget of $1.3 million dollars. 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 seven (7) ayes. RESOLUTIONNO. 2777 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4404 NIMTZ PARKWAY TO BE AN REGULAR MEETING AUGUST 9. 1999 ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HALDEX GARPHYTTAN CORPORATION WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4404 Nimtz Parkway and which 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 °57'48" East 893.08 feet along said North line to the point of beginning. and which has Key Number 25- 1010 - 0361.03, 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 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 REGULAR MEETING AUGUST 9. 1999 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. Scott Buzzard, Secretary /Controller, 4404 Nimtz Parkway, South Bend, Indiana, made the presentation for this Resolution. Mr. Buzzard thanked the Council for their careful consideration of this Resolution. He stated that they anticipate a twenty per cent (20 %) capacity expansion in their plant totaling $1.3 million dollars. He further noted that their payroll will top at $2.0 million dollars for the year. 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. RESOLUTION NO. 2778 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3801 VOORDE DRIVE, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR KOONTZ- WAGNER ELECTRIC COMPANY, 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 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, 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: REGULAR MEETING AUGUST 9. 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 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 /Charlotte Pfeifer Member of the Common Council Mr. Paul Witek, Treasurer, 3801 Voorde Drive, South Bend, Indiana, made the presentation for this Resolution. Mr. Witek stated that he would appreciate the Council's confirmation of this Resolution for real property tax abatement for a planned addition to their facilities. This addition will be about 10,500 square feet and will add ten (10) to twelve (12) new employees for a payroll of at least $235,000.00. 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 Sniadecki seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 2779 -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 3915 RIVERSIDE DRIVE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR BRYON AND HEATHER STAMETS WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3915 Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Lot 284 Riverside, Riverside Manor Second and Third Addition First Replat Lot B and which has tax Key Number 25 -1011 -0456, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et sea., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and REGULAR MEETING AUGUST 9, 1999 WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or 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 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 REGULAR MEETING AUGUST 9, 1999 completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /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. Bryon Stamets, 1007 Clove Road, South Bend, Indiana, made the presentation for this Resolution. Mr. Stamets stated that they are requesting a five (5) year residential tax abatement. He further stated that they are planning on taking three (3) lots and building a 1,2000 square foot house. He noted that this will revitalize the area and he would therefore appreciate the Council's consideration. 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 Sniadecki seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 2780 -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 1702 SOUTH REGULAR MEETING AUGUST 9, 1999 ROBINSON STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR BAMAR PLASTICS, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1702 South Robinson Street, South Bend, Indiana, and which is more particularly described as follows: Lots 14 thru 18 Robinsons 2nd add & 1.87 AC tract N & AJ & all being pt of Henry Leers partition Lot 4 and which has Key Number 18 7078 2838, 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 seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common 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; 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. REGULAR MEETING AUGUST 9, 1999 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 /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. Kevin Latislaw, General Manager, 1702 South Robinson Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Latislaw informed the Council that Bamar Plastics, Inc., appreciates their passage of this Resolution. It is anticipated that Bamar will be creating six (6) new positions which will add $158,000 to their annual payroll. 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 Sniadecki seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILLS - FIRST READING BILL NO. 59 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF KEMBLE ST. FROM THE NORTH RIGHT -OF -WAY OF CALVERT ST. TO THE SOUTH RIGHT -OF -WAY OF BRUCE ST. FOR A DISTANCE OF APPROXIMATELY 204 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN KEMBLE'S ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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 August 23, 1999. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. D f REGULAR MEETING AUGUST 9, 1999 BILL NO. 60 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST /WEST ALLEY NORTH OF LINCOLNWAY WEST FROM THE WEST RIGHT -OF -WAY OF CUSHING STREET TO THE EAST RIGHT -OF -WAY OF THE FIRST NORTH/SOUTH ALLEY WEST OF CUSHING STREET FOR A DISTANCE OF 128 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN CUSHING AND LINDSEY'S SUB., CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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 August 23, 1999. Councilmember Ujdak seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 61 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 515 N. CUSHING STREET IN SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Sniadecki seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 62 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 614, 618, 702, 706, S. PHILLIPA STREET 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 Sniadecki seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 63 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON LOTS 1, 6 AND 7 LOCATED ON THE SOUTH SIDE OF THE 900TH BLOCK OF MADISON STREET 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 Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 64 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2021210 EAST CALVERT 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 Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 65-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED TWO MILLION REGULAR MEETING AUGUST 9, 1999 FIFTY THOUSAND DOLLARS ($2,050,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on August 23, 1999. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. UNFINISHED BUSINESS 1. LOITERING CONFERENCE II: SOLUTIONS Councilmember Pfeifer thanked Council Attorney Kathleen Cekanski- Farrand for a great job in organizing the Loitering Conference Part II which took place on Friday, August 6, 1999 at IUSB. Councilmember Pfeifer also thanked members of the Council for their participation. She noted that it is anticipated that Part III of the Loitering Conference will take place either in February or March of next year. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR Mr. Ken Donnelly, 55657 Fairview, South Bend, Indiana, informed the Council that this date is the anniversary of an unfortunate event in American history which was the resignation of President Nixon. Mr. Donnelly stated that there is great public trust in elected officials and he urged the public to put their efforts in a suitable fashion for candidates. He concluded by stating that he has tried to engage the interest of the general public in public affairs. ADJOURNMENT There being no further business to come before the Council, Councilmember King made a motion to adjourn. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes and the meeting adjourned at 7:45 p.m. ATTEST: ATTEST: Loret Cler Charlotte Pfeifer, Chai e on Committee of the Whole 1 1 1