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HomeMy WebLinkAbout09-27-99 Council Meeting MinutesREGULAR MEETING SEPTEMBER 27, 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, September 27, 1999, at 7:00 p.m. The meeting was called to order by Council President Sean Coleman and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Uj dak Rod Sniadecki Sean Coleman John Hosinski Absent: None 1" District 2nd District Chairperson, Committee of the Whole 3rd District 4th District 5ih 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 September 14, 1999 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Sean Coleman s/David Varner Councilmember Hosinski made a motion that the minutes of the September 14, 1999 meeting of the Council be accepted and placed on file. Councilmember Sniadecki seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember King made a motion to resolve into the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Pfeifer presiding. BILL NO. 71 -99 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2000 Council President Coleman noted that this bill was continued from September 14, 1999, in the Council portion of the Public Hearing. Council Member Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a unanimous favorable recommendation. REGULAR MEETING SEPTEMBER 27, 1999 There being no comments by members of the Council, Councilmember Kelly made a motion to recommend this bill to the full Council favorably. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 72-99 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, - INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2000, AND ENDING DECEMBER 31, 2000, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Council President Coleman noted that this bill was continued from September 14, 1999, in the Council portion of the Public Hearing. Council Member Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a unanimous favorable recommendation. There being no comments by members of the Council, Councilmember Kelly made a motion to recommend this bill to the full Council favorably. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 73-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2000, AND ENDING DECEMBER 31, 2000, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Council President Coleman noted that this bill was continued from September 14, 1999, in the Council portion of the Public Hearing. Council Member Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a unanimous favorable recommendation, as amended. Councilmember Sniadecki offered an amendment to this bill which would remove the funding line item in the budget for the College Football Hall of Fame and consider it at a later time. Councilmember Sniadecki explained that this action is proposed because of ongoing negotiations with the National Football Foundation which are going very well. This sends a strong signal that the Council is backing the City's efforts in these negotiations. Council Attorney Kathleen Cekanski - Farrand noted that the amendment offered is in Section II of the ordinance and the final item entitled "College Football Hall of Fame Fund" should be stricken. Therefore, Councilmember Hosinski made a motion to accept this amendment as presented. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner stated that when the Hall of Fame budget comes back to the Council sometime in December there will be another Public Hearing at that time. The entire budget for the Hall of Fame can be discussed again in its entirety. Councilmember King made a motion to recommend this bill to the full Council favorably as REGULAR MEETING SEPTEMBER 27, 1999 amended. Councilmember Sniadecki seconded the motion which carried by a voice vote of nine (9) ayes. Council President Coleman and Councilmember Aranowski thanked and commended all parties involved in the budget review process. BILL NO. 74 -99 A BILL FIXING MAXIMUM SALARIES, AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2000 Council Member Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a unanimous favorable recommendation. Ms. M. Catherine Roemer, City Controller, 14'h Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Roemer asked for favorable consideration of the bill presented to the Council for the maximum salary amounts and certain benefits for non - bargaining employees of the City. She noted that most individuals will receive a 3.5% per cent increase in their salaries in 2000. However, some employees will receive more and some less as a result of restructuring of positions in the City. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council President Coleman made a motion to accept an amendment to this bill which is contained in the exhibit which outlines salary amounts by titles. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. 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, as amended. Councilmember Sniadecki seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 48 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1710 EDISON ROAD, IN THE CITY OF SOUTH BEND, INDIANA Council President Coleman made a motion to continue this bill until October 11, 1999 and send it back to the Zoning and Annexation 'Committee for review at that time. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 53 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF LASALLE AVE. AND NOTRE DAME AVE. IN THE CITY OF SOUTH BEND, INDIANA Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. He noted that an amendment had been proposed which would be included in the Final Site Plan for this project. 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 "C" Commercial, "E" Height and Area to "C" Commercial, "E" Height and Area to allow a women's care facility. REGULAR MEETING SEPTEMBER 27, 1999 Mr. Byorni noted that the property is currently used for parking. Access to the site is from LaSalle Street and Notre Dame Avenue. The total site to be rezoned is fourteen thousand (14,000) square feet of which the buildings will occupy twenty per cent (20 %) of the site, parking and drives will occupy forty -two per cent (42 %) of the site and thirty -eight per cent (38 %) of the site will remain as open space. Based on information available prior to the public hearing, the Area Plan staff recommended that this petition be sent to the Council with a favorable recommendation subject to a final site plan. This site is currently zoned "C" Commercial and the proposed use is in keeping with the surrounding area. Additionally, at its Public Hearing held on August 17, 1999, the Area Plan Commission sends this bill with a favorable recommendation. Mr. Mike Danch, President, Peirce & Associates, Inc., 3231 Sugar Maple Court, South Bend, Indiana, made the presentation on behalf of the owners of the property, St. Joseph Medical Center, Inc., 314 North Notre Dame Avenue, South Bend, Indiana, and Women's Care Center, the contingent purchaser. Mr. Danch advised that a two -story women's care facility would be constructed at the northeast corner of LaSalle and Notre Dame Avenue. This facility will provide social services for women. Mr. Danch noted that based on previous discussions they will look at the ten (10) foot alley at the north end of this property. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to address the Council either in favor of or in opposition to this bill, Councilmember Hosinski made a motion to send this bill to the full Council favorably. Council President Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 68 -99 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 1240 WEST THOMAS STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a unanimous favorable recommendation. Mr. John Oxian, President, Historic Preservation Commission, 11`'' Floor County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Oxian stated that the structure at 1240 West Thomas Street is a former fire station. He noted that this is a two (2) bay station which is the only one in the City constructed in 1920. It is ranked as a Number Eleven (11) in the Indiana Historic Sites and Structures Inventory. 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 Hosinski made a motion to send this bill to the full Council favorably. Councilmember Ujdak seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 69 -99 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1253 DIAMOND AVENUE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a unanimous favorable recommendation. REGULAR MEETING SEPTEMBER 27, 1999 Mr. John Oxian, President, Historic Preservation Commission, 11 `h Floor County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Oxian noted that the structure at 1253 Diamond Avenue was constructed about 1920 and is a four square Queen Ann style house. He also noted that everything on the house is original and it is ranked as a Number Eleven (11) in the Indiana Historic Sites and Structures Inventory. 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 Hosinski made a motion to send this bill to the full Council favorably. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 70 -99 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 614 NORTH SHERMAN STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a unanimous favorable recommendation. Mr. John Oxian, President, Historic Preservation Commission, 1 Vh Floor County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Oxian stated that the house located at 614 North Sherman, which is mostly intact, was built in 1916 by Robert and Ida Greening. The architect of the house was Austin & Shambleau who was a student of the Prairie style. 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, Council President Coleman made a motion to send this bill to the full Council favorably. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 76-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CORRECTING ACCOUNT NO. IN SOLID WASTE OPERATIONS FUND (FUND NO. 610) AND RESCINDING ORDINANCE NO. 8996 -99 Councilnember Sn adecki reported that the Utilities Committee met on this bill and sends it to the Council with a unanimous favorable recommendation. Mr. Jack Dillon, Director, Environmental Services, 3113 Riverside Drive, South Bend, Indiana, made the presentation for this bill. Mr. Dillon informed the Council that last winter they passed an appropriation ordinance for expenses for the curbside recycling services. The ordinance submitted at this time makes a clerical correction in the account number of the funds and rescinds Ordinance No. 8996 -99. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to address the Council either in favor of or in opposition to this bill, Councilmember Kelly made a motion to send this bill to the full Council favorably. Council REGULAR MEETING SEPTEMBER 27, 1999 President Coleman seconded the motion which carried by a voice vote of nine (9) ayes. 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 DISTRICTS IN THE CITY OF SOUTH BEND, INDIANA Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a unanimous 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 this is a Common Council initiated bill to amend the Municipal Code regarding the parking of oversized vehicles in "A" Residential Districts. Mr. Byorni noted that based on information available prior to the public hearing, the Area Plan staff recommends that this petition be sent to the Council with a favorable recommendation. This petition allows school buses to park on snow routes in residentially zoned areas during regular working hours. Additionally, at its Public Hearing held on August 17, 1999, the Area Plan Commission sends this bill to the Council with a favorable recommendation. Councilmember Karl King, Chairperson of the Residential Neighborhoods Committee, made the presentation for this bill. Councilmember King stated that this bill is the outcome of the issue of the parking of school buses in residential neighborhoods. He noted that residential zoning prohibits the parking of oversized vehicles. He further noted that there are over two hundred forty (240) school buses all over the City who not only transport students to school but also to special events and field trips. The South Bend Community School Corporation school bus maintenance facility is located on Bendix Drive. The buses are on the road all day with short periods of down time when they need to park the bus at their home or other locations. Councilmember King reminded everyone that this issue came to light last winter when the Department of Code Enforcement starting issuing parking tickets to school buses parked in residential neighborhoods. At that time a solution was sought. After much research the decision was made to allow the parking of school buses on snow emergency routes. Councilmember King noted that these routes are well marked and are wide enough to handle traffic even though a bus was parked at the curb. The amendment submitted today permits the parking of school buses in "A" residential neighborhoods from 8:00 a.m. to 5:00 p.m. Monday through Friday. 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. Ray Wallace, 1230 Miner Street, South Bend, Indiana, representing School Bus Drivers Local 686, spoke in favor of this amendment. He noted that he begins his school bus route at 6:30 a.m. with short breaks in between runs. The drivers need a place to park the buses for these short periods and they are in support of this amendment. There being no one present wishing to speak in opposition to this bill, Councilmember Hosinski made a motion to send this bill to the full Council favorably. Councilmember Sniadecki seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 80 -99 A BILL AMENDING CHAPTER 20, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PROHIBITING THE PARKING OF TRUCKS WITHIN FIFTY(50) FEET OF ANY STOP SIGN IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING SEPTEMBER 27, 1999 Council President Coleman made a motion to accept the substitute version of this bill. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes Councilmember Ujdak reported that the Health and Public Safety Committee and the Public Works and Property Vacation Committee met jointly this afternoon and sends the substitute version of this bill to the Council with a favorable recommendation. Councilmember Karl King, Chairperson of the Residential Neighborhoods Committee, made the presentation for this bill. Councilmember King noted that this bill restricts the parking of trucks within fifty (50) feet of any stop sign. He further noted that this is the output of a recommendation from the Area Plan Commission. When the Commission was in the process of reviewing the proposed amendment to the Code regarding the parking of school buses in "A" Residential neighborhoods, they suggested that the Council review a minimum requirement for the parking of oversized vehicles near corners. At this time Councilmember Kelly made a motion to amend the bill as follows: In Section 20 -63 after the word vehicle in the fourth sentence, add the words "as defined by state law " Council President Coleman seconded the motion which carried and the amendment passed by a voice vote of nine (9) ayes. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Varner thanked Councilmember King, Mr. Wallace and the bus drivers that worked hard at coming up with a solution to this problem. There being no one present wishing to address the Council either in favor of or in opposition to this bill, Councilmember Aranowski made a motion to send this bill to the full Council favorably, as substituted and amended. Counncilmember Sniadecki seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Council President Coleman made motion to rise and report to the full Council. Councilmember Sniadecki seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: Loretta J u ity Cferk ATTEST: Charlotte Pfeifer, Ch*pe son 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 7:40 p.m. Council President Sean Coleman presided with nine (9) members present. IJ 1 1 REGULAR MEETING BILLS - THIRD READING SEPTEMBER 27, 1999 ORDINANCE NO. 9032 -99 AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2000 This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember Sniadecki seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9033-99 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2000, AND ENDING DECEMBER 31, 2000, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9034 -99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2000, AND ENDING DECEMBER 31, 2000, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Councilmember Hosinski made a motion to consider the amended version of this bill. Councilmember Sniadecki seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill as amended. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9035-99 AN ORDINANCE FIXING MAXIMUM SALARIES, AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2000 This bill had third reading. Councilmember Varner made a motion to consider this bill as amended by substitution. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Aranowski made a motion to pass this bill as amended by substitution. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. REGULAR MEETING SEPTEMBER 27. 1999 ORDINANCE NO.9036 -99 AN ORDINANCE MENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF LASALLE AVE. AND NOTRE DAME AVE. IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9037 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 1240 WEST THOMAS STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9038 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1253 DIAMOND AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine(9)ayes. ORDINANCE NO. 9039 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 614 NORTH SHERMAN STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9040-99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CORRECTING ACCOUNT NO. IN SOLID WASTE OPERATIONS FUND (FUND NO. 610) AND RESCINDING ORDINANCE NO. 8996 -99 This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried by a roll call vote of eight (8) ayes and one (1) nay vote by Councilmember Hosinski. ORDINANCE NO. 9041 -99 AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE REGARDING THE PARKING OF OVERSIZED VEHICLES IN "A" RESIDENTIAL USE DISTRICTS IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. Ll 1 1 REGULAR MEETING SEPTEMBER 27, 1999 ORDINANCE NO. 9042 -99 AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PROHIBITING THE PARKING OF TRUCKS WITHIN FIFTY(50) FEET OF ANY STOP SIGN IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember King made a motion to consider the substitute version of this bill as amended. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember King made a motion to pass this bill as substituted and amended. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 2788-99 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 1613 AND 1709 WEST EWING AVENUE, 2002 SOUTH PROSPECT STREET, AND 1801 AND 1805 NORTH ELMER STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR G & M PROPERTIES WHEREAS, a Statement of B enefits 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 1613 and 1709 West Ewing Avenue, 2002 South Prospect, and 1801 and 1805 North Elmer Street, South Bend, Indiana, and which is more particularly described as follows: STREET ADDRESS LEGAL DESCRIPTION KEY NUMBER 1613 W. Ewing Ave. Lot 1 & 2 Roming 1St Add. 18- 8081 -3102 1709 W. Ewing Ave. Lot 39, Prairie Ave. Heights Add. 18- 8082 -3141 2002 S. Prospect St. Lot 291 Homeland 3rd Add. 18- 8106 -4022 1801 N. Elmer St. Lot 436 Marquette Heights 18- 2117 -4332 1805 N. Elmer St. Lot 437 Marquette Heights 18- 2117 -4328 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seg., 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 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 a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: REGULAR MEETING SEPTEMBER 27, 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 prof ects 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 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 i 1 1 REGULAR MEETING SEPTEMBER 27, 1999 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 /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. Michael E. Urbanski, Garden Homes, 17874 State Road 23, South Bend, Indiana, made the presentation for this Resolution. Mr. Urbanski asked for passage of this Resolution and noted that with the inclusion of these houses, the total number of new houses in the City, in which he has been involved, reaches over ninety (90) thanks to tax abatement. A Public Hearing was held on this Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmembers Pfeifer and King thanked Mr. Urbanski and the other developers who are building new houses in the City. They noted that this is an example of what residential tax abatement can do for the City so people can get affordable housing. Therefore, Councilmember Pfeifer made a motion to adopt this Resolution. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2789 -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 3702 WEST SAMPLE STREET AN ECONOMIC REVITALIZATION REGULAR MEETING SEPTEMBER 27. 1999 AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MAVERICK PACKAGING, 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 3702 West Sample Street, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast quarter of Section 16, T. 37 N., R. 2E., City of South Bend, St. Joseph County, which is described as: From the Northwest Corner of the East half of the Northeast quarter of said Section measure South 90 deg. 00 min. 00 sec. West along the North line of said Section 630 ft. and South 00 deg. 02 min. 31 sec. E., 40.00 ft. and north 90 deg. 00 min., 00 sec. East 300.02 ft. (300.00 ft. Record) and South 00 deg. 04 min. 00 sec. West, 579.33 ft. (S. 00 deg. 01 min. 52 sec. W., 579.125 ft., Record) and north 89 deg. 25 min. 13 sec. East 13.64 ft. (North 89 deg. 59 min. 13 sec. East 13.745 ft., Record) and South 00 deg. 00 min. 38 sec. east 280.27 ft to the Point of Beginning of this description; thence South 89 deg. 55 min. 49 sec. West along the North line of Industrial Ave. (now vacated), 159.99 ft.; thence South 00 deg. 03 min. 24 sec. West 400.60 ft.; thence South 89 deg. 55 min. 41 sec. East along the Northerly line of the New Jersey, Indiana and Illinois Railroad, 289.00 ft., thence North 00 deg. 03 min., 24 sec. East, 363.03 ft. (N.00 deg. 01 min. 48 sec. E. 364.55 ft., Record); thence North 89 deg. 56 min. 24 sec. West, 128.96 ft. (N. 89 deg. 55 min. 00 sec. 128.885 ft., Record) thence North 00 deg. 00 min. 38 Sec. West, 36.00 ft. (n. 00 deg. 02 min. 16 sec. W Record) to the Point of Beginning. Containing 2.5472 acres. and this property had Key Number 18- 35198- 09194, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et 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 seq., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et. 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 SEPTEMBER 27, 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 and Economic Development Committee met on the substitute version of this Resolution and sends it to the Council with a favorable recommendation. Mr. Bill McGlone, 4516 Hickory Road, Mishawaka, Indiana, made the presentation for this Resolution. Mr. McGlone informed the Council that this request for tax abatement is to purchase sixty thousand dollars ($60,000.00) worth of new equipment in order to bring the machine line up to pace. Mr. McGlone further informed the Council that his company manufactures the amenities utilized by hotels for their customers such a shampoo, body lotion and similar items. Also, they are looking into tanning accelerators utilized by tanning salons. He acknowledged that his business is located in the Sample Street business incubator. A Public Hearing was held on this Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Therefore, Councilmember Kelly made a motion to adopt this Resolution as substituted. Councilmember Aranowski seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. REGULAR MEETING SEPTEMBER 27, 1999 RESOLUTION NO. 2790 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 515 WEST IRELAND ROAD, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, INC. /KEYCORP CAPITAL LEASING /STEEL WAREHOUSE CO. 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 515 West Ireland Road, South Bend, Indiana, and which is more particularly described as follows: A parcel of land located in the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of section Twenty -Six (26), Township Thirty -Seven (37) North, Range Two (02) East of the Second (2nd) Principal Meridian and all being in Center Township, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the southeast corner of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26); thence South 90 °- 00' -00" West (Bearing derived from description shown in Title Commitment 9501843 ) as issued by St. Joseph Title Corp.), along the south line of the Southeast Quarter (S.E.1 /4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26) and also being along the centerline of a public road now known as Ireland Road, a distance of 400.00 feet; thence North 01 °- 30' -47" East, parallel with and 400.00 feet west of the east line of the Southeast Quarter (S.E. 1/4) of said Section Twenty -Six (26), a distance of 40.01 feet to the Point of Beginning of this description, said point of beginning being on the north right of way line of said Ireland Road and also being the southwest corner of a parcel conveyed to Roger R. Atwell and Eleanor Atwell as described in Quit Claim Deed No. 9416618; thence South 90 °- 00' -00" West, along said north right of way line of Ireland Road and being parallel with and 40.00 feet north of the south line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26), a distance of 891.36 feet to a point on the west line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26) and also being the southeast corner of a parcel conveyed to Louanne Osborne as described in Warranty Deed 9326881; thence North 00 °- 58' -55" East, along the west line of the Southeast Quarter (S.E.1 /4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26) and also being along the east line of said parcel conveyed to Louanne Osborne and also along the east line of a parcel conveyed to Transit Mix, Inc. as described in Warranty Deed 9018257, a distance of 955.26 feet to a point which is South 000- 58' -55" West -- 314.00 feet from a stone found at the northwest corner of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26); thence North 89 °- 42' -44" East, along the south line of two (02) parcels conveyed to Miles Laboratories, Inc. as described in Warranty Deed 7903212 and Warranty Deed 8501215, a distance of 1270.41 feet to a point on the west right of way line of a public street now known as Lafayette Street; thence South 01 °- 30' -47" West, along said west right of way line of Lafayette Street and being parallel with and 30.00 feet west of the east line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26), a distance of 602.05 feet to the northeast corner of a parcel conveyed to Arthur Fontonelli and as described in Warranty Deed 9335926; thence South 90 °- 00'-00" West, along the north line of said parcel conveyed to Arthur Fontonelli and also being along the north line of a parcel conveyed to Arthur Fontonelli as described in Corporate Warranty Deed 9335926, a distance of 370.00 feet to the northwest corner of said parcel conveyed to Arthur Fontonelli ; thence South 01 °- 30' -47" West, along the west line of said parcel conveyed to Arthur Fontonelli, a distance of 360.00 feet to the Point of Beginning of this description and containing 24.793 Acres, more or less. and this property has Key Number 23 -1013 -0758, be designated as an Economic Revitalization Area under the provisions of Indiana Code Section 6 -1.1- 12.1 -1 et sue., and South Bend Municipal Code Sections 2 -76 et seMc .; and 1 1 7 REGULAR MEETING SEPTEMBER 27. 1999 WHEREAS, the Common Council has received a completed Form SB -1 Statement of Benefits from Lock Joint Tube, Inc./Key Corp Capital Leasing /Steel Warehouse Co., Inc. proposing installation of the new manufacturing equipment; 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. 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; 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 to be derived from the proposed installation of new manufacturing equipment 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 REGULAR MEETING SEPTEMBER 27, 1999 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 and Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. Philip J. Faccenda, Jr., Barnes & Thornburg, 6001" Source Center, 100 North Michigan Street, South Bend, Indiana, made the presentation for this Resolution on behalf of the Petitioners, Lock Joint Tube, Inc.. Mr. Faccenda informed the Council that Mr. Bob Strzelecki, Controller for Lock Joint Tube was also present to answer any questions the Council may have. Mr. Faccenda noted that this is one (1) of three (3) tax abatements which Lock Joint has. requested for Phase I of expansion projects at their two (2) locations. The five (5) year personal property tax abatement for the facility located at 515 West Ireland Road, is for new equipment. This facility produces three inch (3 ") steel tubing for the automotive industry and they would like to purchase a new high speed mill line and related equipment with an estimated cost of between $2.5 and $3.5 million dollars in order to increase capacity. A Public Hearing was held on this Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Hosinski made a motion to adopt this Resolution. Councilmember Aranowski seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2791 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 1215 SOUTH WALNUT STREET, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, INC. /KEYCORP CAPITAL LEASING /STEEL WAREHOUSE CO. INC. RESOLUTION NO. 2792 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 1215 SOUTH WALNUT ROAD, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO. INC. C/O LOCK JOINT TUBE, INC. 1 REGULAR MEETING SEPTEMBER 27, 1999 Councilmember Kelly made a motion to combine Bills Nos. 99 -92 and 99 -93 for purposes of Public Hearing. Councilmember Hosinski seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 2791 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 1215 SOUTH WALNUT STREET, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, INC. /KEYCORP CAPITAL LEASING /STEEL WAREHOUSE CO. 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 1215 South Walnut Street, South Bend, Indiana, and which is more particularly described as follows: A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest 1/4 of Section 14, and the Northeast 1/4 of Section 15, Township 37 North, Range 2 East, bounded by the following described line: Beginning at a point in the West line of Walnut Street, 682.75 feet south of the South line of Sample Street, which point is 31 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, Page 428 and Deed record 121, Page 320; thence on an assumed bearing of South 0 °00'49" East along said West line of Walnut Street, 556.95 feet; thence South 89 °55'05 "' West, 1200 feet; thence North 0 °00'49" West parallel with said West line of Walnut Street, 589.19 feet to a point 651.75 feet south of the south line of Sample Street or the produced South line of the tract conveyed to F. C. Raff, recorded in Deed Record 172 Page 641; thence South 89 °57'10" East along the South line above described tract produced East, 295 feet; thence South 0 °00'49" East parallel with the West line of Walnut Street, 31 feet; thence North 89 °57'16" East, 905 feet to the place of beginning. and this property has Key Number 18- 8021 - 084504, be designated as an Economic Revitalization Area under the provisions of Indiana Code Section 6- 1.1- 12.1 -1 et seq., and South Bend Municipal Code Sections 2 -76 et sM.; and WHEREAS, the Common Council has received a completed Form SB -1 Statement of Benefits from Lock Joint Tube, Inc./KeyCorp Capital Leasing/Steel Warehouse Co. Inc. proposing installation of the new manufacturing equipment; 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: REGULAR MEETING SEPTEMBER 27, 1999 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 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 RESOLUTION NO. 2792 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 1215 SOUTH WALNUT ROAD, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO. INC. C/O LOCK JOINT TUBE, INC. REGULAR MEETING SEPTEMBER 27, 1999 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 1215 South Walnut Street, South Bend, Indiana, and which is more particularly described as follows: A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest 1/4 of Section 14, and the Northeast 1/4 of Section 15, Township 37 North, Range 2 East, bounded by the following described line: Beginning at a point in the West line of Walnut Street, 682.75 feet south of the South line of Sample Street, which point is 31 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, Page 428 and Deed record 121, Page 320; thence on an assumed bearing of South 0 °00'49" East along said West line of Walnut Street, 556.95 feet; thence South 89 °55'05 "' West, 1200 feet; thence North 0 °00'49" West parallel with said West line of Walnut Street, 589.19 feet to a point 651.75 feet south of the south line of Sample Street or the produced South line of the tract conveyed to F. C. Raff, recorded in Deed Record 172 Page 641; thence South 89 °57'10" East along the South line above described tract produced East, 295 feet; thence South 0 °00'49" East parallel with the West line of Walnut Street, 31 feet; thence North 89 °57'16" East, 905 feet to the place of beginning. and this property has Key Number 18- 8021 - 084504, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et se . and South Bend Municipal Code Sections 2 -76 et. seg•,and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared areport 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; REGULAR MEETING SEPTEMBER 27, 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 ofbenefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petitioner for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana 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 and Economic Development Committee met on these Resolutions and sends them to the Council with favorable recommendations. Mr. Philip J. Faccenda, Jr., Barnes & Thornburg, 6001St Source Center, 100 North Michigan Street, South Bend, Indiana, made the presentation for this Resolution on behalf of the Petitioners, Lock Joint Tube, Inc.. Mr. Faccenda informed the Council that Mr. Bob Strzelecki, Controller for Lock Joint Tube was also present. Mr. Faccenda noted that these are personal property and real property tax abatements for the facility located at 1215 South Walnut Street which manufactures commercial steel tubing. This is Phase I of two for the Walnut Street facility. A new building addition will be constructed and new manufacturing equipment will be installed to expand the production line. Mr. Faccenda further noted that Phase II will occur sometime in 2001 which will include an additional expansion at a cost , of four million dollars ($4,000,000.00). A Public Hearing was held on these Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Kelly made a motion to adopt Resolution No. 2791 -99. Councilmember Hosinski seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. REGULAR MEETING SEPTEMBER 27, 1999 Additionally, Councilmember Kelly made a motion to adopt Resolution No. 2792 -99. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2793-99 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 4401 WEST CLEVELAND ROAD EXTENSION AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ADAPTO - INDIANA, INC. RESOLUTION NO. 2794-99 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 4401 WEST CLEVELAND ROAD EXTENSION AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR CLEVELAND PARTNERS, L.P. Councilmember Kelly made a motion to combine Bills Nos. 99 -94 and 99 -95 for purposes of Public Hearing. Councilmember Hosinski seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 2793-99 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 4401 WEST CLEVELAND ROAD EXTENSION AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ADAPTO - INDIANA, 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 4401 West Cleveland Road Extension, South Bend, Indiana, and which is more particularly described as follows: A part of the Northwest Quarter of Section 21, Township 38 North, Range 2 East described as follows: Commencing at an iron pipe marking the North Quarter Section corner of said Section 21; thence West, on the North line of said Section and the centerline of Brick Road, 1322.04 feet; thence South 530 feet; thence West, parallel with the North line of said Section, 138.98 feet; thence South 445 feet, more or less to the place of beginning; thence continuing South 1218 feet more or less to a point on the Northerly right of way line on the new Cleveland Road; thence Westerly along said Northerly right of way 550.29 feet to the Southeast corner of Trans Tech Properties Minor Subdivision, recorded as Document Number 8614287; thence North 795.17 feet to the Northeast corner of said Subdivision; thence West along the North line of said Plat 561.72 feet to the Northwest corner of said Subdivision; thence North 260 feet, more or less; thence East to the place of beginning. and this property had Key Number 25- 1013 - 020704, 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 seg., and; REGULAR MEETING SEPTEMBER 27. 1999 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 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 erimployment 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 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. REGULAR MEETING SEPTEMBER 27, 1999 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 RESOLUTION NO. 2794-99 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 4401 WEST CLEVELAND ROAD EXTENSION AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR CLEVELAND PARTNERS, L.P. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common council of the City of South Bend, Indiana requesting that the area commonly known as 4401 West Cleveland Road Extension, South Bend, Indiana, and which is more particularly described as follows: A part of the Northwest Quarter of Section 21, Township 38 North, Range 2 East described as follows: Commencing at an iron pipe marking the North Quarter Section corner of said Section 21; thence West, on the North line of said Section and the centerline of Brick Road, 1322.04 feet; thence South 530 feet; thence West, parallel with the North line of said Section, 138.98 feet; thence South 445 feet, more or less to the place of beginning; thence continuing South 1218 feet more or less to a point on the Northerly right of way line on the new Cleveland Road; thence Westerly along said Northerly right of way 550.29 feet to the Southeast corner of Trans Tech Properties Minor Subdivision, recorded as Document Number 8614287; thence North 795.17 feet to the Northeast corner of said Subdivision; thence West along the North line of said Plat 561.72 feet to the Northwest corner of said Subdivision; thence North 260 feet, more or less; thence East to the place of beginning. and which has Key Number 25 -1013- 020704, 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. secs -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 that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et. sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: REGULAR MEETING SEPTEMBER 27, 1999 A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petitioner for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. 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 these Resolutions and sends them to the Council with favorable recommendations. Mr. John Phair, Holladay Property Services, Inc., 221 South Main Street, South Bend, Indiana, made the presentation on behalf of the petitioners. Mr. Phair stated that Adapto- Indiana manufactures precision machining parts for the trucking 1 REGULAR MEETING SEPTEMBER 27, 1999 industry. Due to the airport expansion they must relocate. Cleveland Partners plans to build a new manufacturing facility which will be leased to Adapto. Additionally, Adapto will be purchasing new machinery and equipment. Mr. Phair noted that Mr. Tom Dockery is the Indiana General Manager for this company. A Public Hearing was held on these Resolutions at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions, Councilmember Hosinski made a motion to adopt Resolution No. 2793 -99. Councilmember Sniadecki seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Additionally, Councilmember Aranowski made a motion to adopt Resolution No. 2794 -99. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 81 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 705 LINCOLNWAY EAST IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Hosinski made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION 1. BILL NO. 61 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 515 N. CUSHING STREET IN SOUTH BEND, INDIANA 2. 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 3. 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 4. BILL NO. 64 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 202/210 EAST CALVERT IN THE CITY OF SOUTH BEND, INDIANA Councilmember Hosinski made a motion to refer these bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on October 11, 1999. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9 ayes. REGULAR MEETING SEPTEMBER 27, 1999 NEW BUSINESS There was no new business to come before the Council. PRIVILEGE OF THE FLOOR Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, commended the Council on their action this evening concerning the College Football Hall of Fame budget and the $600,000.00 subsidy by the City. He also commended Councilmember Varner for his suggestions on ways to cut expenses at the Hall. Mr. Cierzniak noted that he was disappointed with Mayor Luecke's comments at the last meeting concerning not wanting to allow the City to default on the Hall of Fame bonds. Mr. Cierzniak stated that this is a non -issue and not a very wise statement. Additionally, he also informed the Council that he has written a letter to the South Bend Tribune asking them to buy naming rights for the Hall. He asked members of the Council, especially Councilmembers Coleman and Kelly to make phone calls to the Tribune to encourage them to buy those rights. In conclusion, Mr. Cierzniak advised that a recent television commercial advertises the opening of the new Studebaker Museum in the year 2002 and inquired if the City was geared up for another $10 million dollar project in 2002. He suggested that the Studebaker collection could be moved to the Hall of Fame facility. Ms. Alice Christan, no address given, spoke to the Council regarding her concerns about landlord tenant rights. She noted that she is aware that landlords steal from tenants and go unpunished and unnoticed. She named two (2) individuals who she stated are slum landlords on the southeast and west side of the City. She further informed the Council that she has brought matters to the attention of the Department of Code Enforcement but they are not effective. ADJOURNMENT There being no further business to come before the Council, Council President Coleman adjourned the meeting at 8:20 p.m. ATTEST: ATTEST: Loretta J. D d , ty Cl k Sean Coleman, President 1