Loading...
HomeMy WebLinkAbout01-26-98 Council Meeting MinutesREGULAR MEETING JANUARY 26, 1998 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, January 26, 1998, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Kelly, Broden, - Varner, Ujdak, Coleman, Hosinski and Sniadecki Absent: None 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 January 5th and 12th, 1998, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman /s/ David Varner Council Member Kelly made a motion that the minutes of the January 5th and 12th, 1998, meetings be accepted and placed on file, seconded by Council Member Broden. The motion carried. SPECIAL BUSINESS The Mayor made his State of the City Address. Council President Coleman reported that Glendarae Hernandez was reappointed to the Human Rights Commission; Ed Ehlers to the Century Center Board of Managers; and Charlotte Pfeifer will fulfill his term on the Century Center Board of Managers. Council Member Kelly made a motion to resolve into the Committee of the Whole, seconded by Council Member Varner. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole at 7:57 p.m. with nine members present. Chairman Broden presiding. BILL NO. 6 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF WESTERN AVENUE FROM THE EAST RIGHT -OF -WAY OF SOUTH FRANCES STREET TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY EAST OF FRANCES STREET FOR A DISTANCE OF APPROXIMATELY 105.6 FEET AND A WIDTH OF 14 FEET ALL IN THE PLAT OF "BECK'S 1ST ADDITION" This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Mike Danch, Peirce and Associates, made the presentation for the bill. He reported that the Robert Henry was requesting this vacation for an alley which is located on his property. He advised this will allow them to reorganize the property for better utilization. Ann -Carol Simons, reported that Mr. Henry has cleaned 90% of his property in the last two weeks. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. REGULAR MEETING JANUARY 26, 1998 BILL NO. 7 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: MEGAN BEELER DRIVE NORTH, FROM THE WEST LINE OF WEST CLEVELAND ROAD INDUSTRIAL PARK, SECTION ONE SUBDIVISION, RUNNING EAST TO THE WESTERLY LINE OF MEGAN BEELER DRIVE, FOR A DISTANCE OF APPROXIMATELY 357 FEET This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Mike Danch, Peirce and Associates, made the presentation for the bill. He reported that Beeler and Brown, Inc., were requesting a portion of Megan Beeler Drive be vacated to allow for better use of this property. Council Member Varner made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. BILL NO. 11 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH MAIN STREET FROM THE NORTH RIGHT -OF -WAY LINE OF WEST COLFAX AVENUE TO THE SOUTH RIGHT -OF -WAY OF THE FIRST EAST -WEST ALLEY NORTH OF WEST COLFAX AVENUE FOR A DISTANCE OF APPROXIMATELY 198 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN THE ORIGINAL PLAT OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerks office, seconded by Council Member Varner. The motion carried. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Cleo Hickey, director of the Morris Civic, reported they were requesting approval to vacate a portion of this north /south alley, in order to allow ingress and egress to our property. Council Member Varner made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Aranowski. The motion carried. BILL NO. 23 -97 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 804 LAFAYETTE BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Oxian, president of the Historic Preservation Commission, made the presentation for the bill. He reported that this building is an excellent example of a collegiate Gothic style. He advised this is the third building to be named Madison School. The building is also on the National Register, as well as being in the Park Avenue Historic District, it is surrounded by other historic designations. Council Member Hosinski reported he had been in contact with the School Corp., and they were aware of this meeting and were not opposing this desgination. Council Member Hosinski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council member Aranowski. The motion carried. BILL NO. 5 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 5, OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2 -59 ENTITLED THE SOUTH BEND REGULAR MEETING JANUARY 26, 1998 COMMISSION ON AFRICAN - AMERICAN MALES This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Aranowski. The motion carried. Council Member Ujdak reported that the Health and Public Safety and the Residential Neighborhoods Committees had met on this bill and recommended it to the Council favorable. Council Member Pfeifer made the presentation for the bill. She advised she had worked in the criminal justice system, and during that time she had witnessed drugs, crack, and an increase of violent crimes among African American males. She indicated this problem could no longer be ignored, since it effects the entire community. She reported that this proposed commission will submit annual reports to the mayor and the City Council. She reported there are other commissions throughout the State and they will be able to network with the other city commissions, at the state and national level. She indicated this commission will develop long -range goals that will be reviewed annually. Darren Washington, executive director of the Indiana Commission, advised that the Commission's main objective is legislation and public policy. Jim Cierzniak, 1156 E. Altgeld, urged the Council to vote against this bill, and read remarks in opposition which indicated the forming of this commission was politically motivated. Council Member Varner made a motion to recommend this bill to the Council favorable, seconded by Council Member Hosinski. The motion carried. BILL NO. 8 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,,INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE THE REQUIREMENTS FOR LICENSING AUTOMOTIVE REPAIR AND SERVICE CENTERS AND VEHICLE REMOVAL SERVICES This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Broden reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Ann -Carol Simons, assistant city attorney, made the presentation for the bill. She reported that this bill is to revise the requirements for licensing automotive repair and service centers and vehicle removal services. She indicated this will clarify some of the requirements for these service centers. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. After Council discussion, Council Member Hosinski withdrew his motion. He then made a motion that this matter be continued and referred back to committee, seconded by Council Member Varner. The motion carried. BILL NO. 9 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $150,000.00 FROM THE COVELESKI IMPROVEMENT FUND (FUND NO. 401) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Aranowski reported that the Parks and Recreation Committee had met on this bill and recommended it to the Council favorable. Betsy Harriman, administrative director, of the Park Department, made the presentation for the bill. She reported that this appropriation will be used for ongoing maintenance of Coveleski. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Pfeifer. The motion carried. BILL NO. 10 -98 A BILL APPROPRIATING $2,400,000 OF SECTION 108 LOAN FUNDS, PLUS INTEREST EARNED THEREON, FOR USE IN REHABILITATION, CONSTRUCTION AND REDEVELOPMENT ACTIVITIES REGULAR MEETING JANUARY 26, 1998 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, director of financial and program Management, made the presentation for the bill. She advised this bill will appropriate $2,400,000 in Section 108 Loan Funds of which $150,000 is to be used for rehabilitation of the Center for the Homeless, $450,000 for the construction of an addition to the LaSalle Park Recreation Center and the remaining $1,800,000 will be used for downtown redevelopment activities, which includes the Studebaker Museum. The Council discussed splitting out the downtown development money from the funds for the Homeless Shelter and LaSalle Park. Jon Hunt, director of Redevelopment, indicated that splitting this money out could be a problem with the time line at this late date, since once the Section 108 money is gone we would have to wait for another year. Council Member Kelly made a motion to continue public hearing on this bill until February 9, seconded by Council Member Ujdak. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Sniadecki. The motion carried. ATTEST: ty C REGULAR EETING RECONVENED ATTEST: Be it remembered that the Common Council of the Bend reconvened in the Council Chambers on the the County -City Building at 9:25 p.m. Council presiding, and nine members present. BILLS, THIRD READING City of South fourth floor of President Coleman ORDINANCE NO. 8874 -98 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF WESTERN AVENUE FROM THE EAST RIGHT -OF -WAY OF SOUTH FRANCES STREET TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY EAST OF FRANCES STREET FOR A DISTANCE OF APPROXIMATELY 105.6 FEET AND A WIDTH OF 14 FEET ALL IN THE PLAT OF "BECK'S 1ST ADDITION" This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Broden. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8875 -98 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: MEGAN BEELER DRIVE NORTH, FROM THE WEST LINE OF WEST CLEVELAND ROAD INDUSTRIAL PARK, SECTION ONE SUBDIVISION, RUNNING EAST TO THE WESTERLY LINE OF MEGAN BEELER DRIVE, FOR A DISTANCE OF APPROXIMATELY 357 FEET This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Broden. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8876 -98 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH - SOUTH ALLEY EAST OF NORTH MAIN STREET 1 1 1 REGULAR MEETING JANUARY 26, 1998 FROM THE NORTH RIGHT -OF -WAY LINE OF WEST COLFAX AVENUE TO THE SOUTH RIGHT -OF -WAY OF THE FIRST EAST -WEST ALLEY NORTH OF WEST COLFAX AVENUE FOR A DISTANCE OF APPROXIMATELY 198 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN THE ORIGINAL PLAT OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Hosinski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Broden. The motion carried. Council Member Broden made a motion to pass this bill, as amended, seconded by Council Member Pfeifer. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8877 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 804 LAFAYETTE BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Hosinski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Varner. The motion carried. Council Member Hosinski made a motion to pass this bill, as amended, seconded by Council Member Sniadecki. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8878 -98 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 5, OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2 -59 ENTITLED THE SOUTH BEND COMMISSION ON AFRICAN - AMERICAN MALES This bill had third reading. Council Member Hosinski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Sniadecki. The motion carried. Council Member Hosinski made a motion to pass this bill, as amended, seconded by Council Member Sniadecki. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8879 -98 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $150,000.00 FROM THE COVELESKI IMPROVEMENT FUND (FUND NO. 401) This bill had third reading. Council Member Hosinski made a motion to pass this bill, seconded by Council Member Sniadecki. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2542 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS INTEREST IN PURCHASING THE PROPERTY LOCATED ADJACENT TO THE ORGANIC RESOURCES PLANT WHEREAS, it is deemed necessary and desirable by the South Bend Board of Public works to acquire approximately .85 acres of a two lot piece of real property, comprising land and a house, at 4236 West Cleveland Road in South Bend, Indiana, which real property is owned by Mr. & Mrs. Faulkens, who reside in the house on the property directly adjacent to the Organic Resources plant, and is particularly described as: REGULAR MEETING JANUARY 26, 1998 That part of the northwest quarter of Section 28, Township 38 north, Range 2 east, City of South Bend, German Township, St. Joseph County, Indiana which is described as: Beginning at a PK Nail set on the north line of said section 38 and the centerline of Cleveland Road which is S.890- 57' -50" E. 1325.33 ft. from the northwest corner of said Section 28; thence S. 890- 57' -50" 132.00 ft. along said north line of centerline to a set PK nail; thence s. 000- 10'37" w., 990.00 ft. to a set 5/8" capped rebar; thence N. 890- 57' -50" W., 132.00 ft. to a set 5/8" capped rebar; thence N. 000- 10' -37" E., 990.00 ft. to the point of beginning. Containing 3.00 acres and comprised of two (2) lots. Subject to all legal highways, easements and restrictions of record. ( "Real Property "); and WHEREAS, the additional Real Property will allow Organic Resources to expand its public loading area and increase its service to the Community without encroaching on its adjacent neighbors, the Faulkens, residing at 4236 West Cleveland Road; and WHEREAS, there are additional houses located in the neighborhood. None, however, are located immediately adjacent to the Organic Resources plant on Cleveland Road; and WHEREAS, the Faulkens successfully petitioned Area Plan Commission for the creation of two legal lots of record out of one legal lot of record, of which the Board of Public Works is interested in one lot; and WHEREAS, Ralph D. Lauver, appraiser, valued the real property at $40,000.00, and Robert L. Huddleston, appraiser, valued the property at $25,000.00; and WHEREAS, an offer to purchase real estate must not exceed the acreage of two appraisals. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: I. The City Engineer is authorized and directed to cause a notice and written offer in the amount of $32,500.00 to be made to the owners of the real property described herein after a title commitment and a separate legal description are obtained for the property. II. The purchasing agent shall give a copy of both appraisals to the Common Council. /s/ Sean Coleman Member, South Bend Common Council A public hearing was held on the resolution at this time. Jack Dillon Director of Environmental Services made the presentation for the resolution. He reported that the City wants to purchase property adjacent to the organic resources plant. He advised that the real property will allow them to expand its public loading area and increase service to the community. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2543 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS INTEREST IN PURCHASING THE PROPERTY LOCATED AT THE SOUTHEAST QUADRANT OF ADAMS ROAD AND THE US 31 BY -PASS WHEREAS, it is deemed necessary and desirable by the South L 1 1 REGULAR MEETING JANUARY 26, 1998 Bend Department of Water works to acquire four (4) acres of real property, located at the Southeast quadrant of Adams Road and the US 31 By -Pass in South Bend, Indiana, which real property, owned by Waggoner Dairy Farm, Inc., is particularly described as: That part of the Northwest quarter of the northwest quarter of Section 17 of the northeast quarter of the northeast quarter of Section 18, all in Township 38 north, range 2 east, German Township, St. Joseph County, Indiana which is described as: Beginning at a point on the east line of said Section 18 (West line of said Section 17) which is S. 000- 37-27", 164.21 ft. from a "PK" nail marking the northeast corner of said Section 18 (northwest corner of Section 17); thence N. 850- 50' -55" E. along the southerly line of a right -of -way line described in exception "b" of Warranty Deed recorded in book 810 of Deeds on Page 548 in the records of said county, 72.20 ft.; thence S. 170- 10' -00" W., 462.84 ft.; thence S. 890- 40151" W., 410.83 ft; thence N. 17o- 10' -00" E. along the easterly right -of -way of U.S. #31 Bypass, 373.50 ft., to an existing concrete right -of -way marker; thence N. 47030'21" E., 89.61 ft. to an existing concrete right -of -way marker; thence N. 850- 50' -55" along the southerly right -of -way line of a service drive as described in Exception "b" of a warranty deed recorded in Book 810 of Deeds on Page 548 in the records of said county, 299.68 ft., to the Point of beginning. Containing 4.00 acres. ( "Real Property "); and WHEREAS, the Department of Water Works needs the Real Property for the location of an elevated water storage tank for the Northwest Pressure Zone. Currently, there is neither water storage nor axillary power available in the area, so that if the area residents experienced a loss of power, Water Works would not be able to supply water to the area's residents. The elevated water storage tank would help meet both fire flow and daily water demands. This pressure.zone serves Blackthorn Corporate Park, several residential zones and Airport Industrial Park; and WHEREAS, the Director of South Bend Water Works has retained Tank Industry Consultants, Inc. to design and construct an elevated water storage tank on the Real Property; and WHEREAS, the Board of Water Works Commissioners for the City of South Bend, Indiana, declared it necessary for the protection of the public health and welfare of the inhabitants of the South Bend Water Works district and the safeguarding of the property within the district that the construction of an elevated water storage tank be completed and that the City of South Bend, Indiana, for the use and benefit of its Water Works, and acting by and through its Board of Water Works Commissioners, construct such an elevated water storage tank; and WHEREAS, the Board of Water Works Commissioners for the City of South Bend, Indiana, declared it to be of public utility and benefit to complete the construction of an elevated water storage tank on the property; and WHEREAS, the Board of Water works Commissioners will adopt the plans, specifications, details, descriptions and estimates relating to the construction of an elevated water storage tank; and WHEREAS, the Board of Water Works Commissioners for the City of South Bend, Indiana, under Indiana Code 8- 1.5- 4- 15(c), held a public hearing on December 16, 1997, at 3:30 p.m., at 1308 County -City Building, South Bend, Indiana 46601, at which time the Board of Water Works Commissioners for the City of South Bend, Indiana, heard no remonstrances from persons interested in or affected by the Board's approval of the construction of an elevated water storage tank on the Real Property. REGULAR MEETING JANUARY 26, 1998 WHEREAS, the Appraisal Group, Inc., valued the Real Property at $40,000.00 and Greg Barkley, appraiser, valued the property at $38,000.00; and WHEREAS, AN OFFER TO PURCHASE REAL ESTATE MUST NOT EXCEED THE AVERAGE OF TWO APPRAISALS. WHEREAS, the Department of Water Works wishes to offer $9,500.00 /acre, for a total of 38,000.00 to Waggoner Dairy Farm, Inc. for the Real Property; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of south Bend, Indiana, as follows: I. The Director of the Department of Water Works is authorized and directed to cause a notice and written offer in the amount of $38,000.00 to be made to the owners of Real Property described herein. II. The purchasing agent shall give a copy of both appraisals to the Common Council. /s/ Sean Coleman Member, South Bend Common Council A public hearing was held on the resolution at this time. John Stancati, director of the Water Works, made the presentation for the resolution. He reported the purchase of this land will allow them to erect an elevated water storage tank, this will equalize the pressure in that zone. He advised the four acres will get us close to our distribution system without violating FAA air space. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2544 -98 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 1010 PRAIRIE AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HUCKINS TOOL & DIE CO., INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 1010 Prairie, South Bend, Indiana, and which is more particularly described as follows: Tract of land beg. 260.58' swly se cor Sample & Vac Prairie Avenue Cont 1.343 ac +- known as Tract 4 and this property has Key Numbers 18 8021 084903, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1,1- 12.1 -1 et sea., and South Bend Municipal Code Section 2 -76 et seq.: and WHEREAS, the Department of 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 -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 Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an 1 1 REGULAR MEETING JANUARY 26, 1998 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, 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 be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of 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 State 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 Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. 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 to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on 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 A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic REGULAR MEETING JANUARY 26, 1998 Development Committee had met on this resolution and recommended it to the Council favorable. Kenneth Rybicki, president of Huckins Tool and Die Co., made the presentation for the resolution. He advised the Council that his company they have been in business in South Bend for sixty -two years. He indicated they they were purchasing new equipment in order to be competitive in the current market. Council Member Aranowski made a motion to adopt the resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2545 -98 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 LOT 1 FERNDALE SUBDIVISION, AND LOTS 2, 3, 4, 5, 6, 10, 11, 13, 16, 19, 20, 21, 22, 23, 24, 25 LILAC TRAILS SUBDIVISION AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ALLIANCE ASSOCIATES (AN INDIANA PARTNERSHIP) WHEREAS, a Statement of Benefits and a petition for 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 areas commonly known as Lot 1, Ferndale subdivision, and Lots 2,3,4,5,6,10,11,13,16,19,20, 21,22,23,24,25, Lilac Trails Subdivision, South Bend, Indiana, and which are more particularly described as follows: 1770 Lilac Trails Ct. Lot 1 Ferndale 25 1014 023804 1802 Lilac Trails Ct. Lot 2 Lilac Trls 25 1014 023807 1810 Lilac Trails Ct. Lot 3 Lilac Trls 25 1014 023809 1818 Lilac Trails Ct. Lot 4 Lilac Trls 25 1014 023810 1826 Lilac Trails Ct. Lot 5 Lilac Trls 25 1014 023811 1904 Lilac Trails Ct. Lot 6 Lilac Trls 25 1014 023812 1937 Lilac Trails Ct. Lot 10 Lilac Trls 25 1014 023816 1945 Lilac Trails Ct. Lot 11 Lilac Trls 25 1014 023817 1961 Lilac Trails Ct. Lot 13 Lilac Trls 25 1014 023819 1942 Lilac Trails Ct. Lot 16 Lilac Trls 25 1014 023822 1811 Lilac Trails Ct. Lot 19 Lilac Trls 25 1014 023825 4239 Ferndale Dr. Lot 20 Lilac Trls 25 1014 023826 4303 Ferndale Dr. Lot 21 Lilac Trls 25 1014 023827 4311 Ferndale Dr. Lot 22 Lilac Trls 25 1014 023828 4310 Ferndale Dr. Lot 23 Lilac Trls 25 1014 023829 4302 Ferndale Dr. Lot 24 Lilac Trls 25 1014 023830 4238 Ferndale Dr. Lot 25 Lilac Trls 25 1014 023831 be designated as Residentially Distressed Areas under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the areas qualify as Residentially Distressed Areas under Indiana Code 6- 1.1 -12.1, et se-., 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 areas 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 areas qualify as Residentially Distressed Areas. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: i I 1 REGULAR MEETING JANUARY 26, 1998 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 sec-., 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 of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; 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 of 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 subject) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature. C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within the five (5) calendar years from the date of adoption of this Resolution by the Common Council. SECTION III. The Common Council also hereby determines and finds the following: A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. B. 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. C. That the description of the proposed redevelopment meets the applicable standards for such development. REGULAR MEETING JANUARY 26, 1998 D. That the estimate of the value of the redevelopment is reasonable for projects of this nature; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; 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 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 areas herein described be designated as Residentially Distressed Areas and hereby adopts a Resolution designating these areas as Residentially Distressed Areas for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Areas 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 properties be designated as residentially distressed areas. 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 A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Edward Levy, 316 E. Eddy, made the presentation for the resolution. He advised they were attempting to be competitive with the County. He indicated people wanted to live in the City and have City services. He reported that this development is for first time home owners. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2546 -98 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 LOTS 124 & 125 HERMITAGE SOUTH ESTATES, SECTION THREE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE 1 1 1 REGULAR MEETING JANUARY 26, 1998 (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROJO DEVELOPMENT, INC. WHEREAS, a Statement of Benefits and a petition for 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 areas commonly known as 124 & 125 Hermitage South Estates, South Bend, Indiana, and which are more particularly described as follows: LOTS 124 & 125 HERMITAGE SOUTH ESTATES, SECTION THREE which has tax key number 23 1037 2095 be designated as Residentially Distressed Areas under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sue., 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 areas qualify as Residentially Distressed Areas under Indiana Code 6- 1.1 -12.1, at 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 areas 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 areas qualify as Residentially Distressed Areas. 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 seq., 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 of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; 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 of 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 subject) will not exceed ten percent (10%) of the total REGULAR MEETING JANUARY 26, 1998 area within the Council's jurisdiction. SECTION III. The Common council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature. C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within the five (5) calendar years from the date of adoption of this Resolution by the Common Council. SECTION III. The Common Council also hereby determines and finds the following: A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. B. 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. C. That the description of the proposed redevelopment meets the applicable standards for such development. D. That the estimate of the value of the redevelopment is reasonable for projects of this nature; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; 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 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 areas herein described be designated as Residentially Distressed Areas and hereby adopts a Resolution designating these areas as Residentially Distressed Areas for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Areas 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 REGULAR MEETING JANUARY 26, 1998 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 properties be designated as residentially distressed areas. 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 A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Jackie Wilkey, a representative of Jack Hickey, made the presentation for the resolution. She advised that this will add growth in that area, as we have had people complain about the high taxes. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2547 -98 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 LOTS # 4, 5, 6, 7, 8, 9, 10, 11, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 AND 54 SANDPIPER COVE SUBDIVISION AS RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR B L BUILDERS, INC. WHEREAS, a Statement of Benefits and a petition for 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 areas commonly known as Lots #4, 5, 6, 7, 8, 9, 10, 11, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, and 54 Sandpiper Cove Subdivision, South Bend, Indiana, and which are more particularly described as follows: 9.213 AC TR LYG W h SW 1/4 SEC 23- 38 -38 -2E which has tax key number 25 1004 025497 be designated as Residentially Distressed Areas under the provisions of Indiana Code 6-1.1-12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the areas qualify as Residentially Distressed Areas under Indiana Code 6- 1.1 -12.1, et seq., 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 areas 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 areas qualify as Residentially Distressed Areas. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: REGULAR MEETING JANUARY 26, 1998 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 seq., 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 of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; 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 of 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 subject) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature. C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within the five (5) calendar years from the date of adoption of this Resolution by the Common Council. SECTION III. The Common Council also hereby determines and finds the following: A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. B. 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. C. That the description of the proposed redevelopment meets the applicable standards for such development. REGULAR MEETING JANUARY 26, 1998 D. That the estimate of the value of the redevelopment is reasonable for projects of this nature; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; 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 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 areas herein described be designated as Residentially Distressed Areas and hereby adopts a Resolution designating these areas as Residentially Distressed Areas for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Areas 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 properties be designated as residentially distressed areas. 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 A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. John Chrisman, a representative of BL Builders, made the presentation for the resolution. He advised this abatement was for the remaining thirty -seven lots in Sandpiper Cove addition. He reported this will be of help to the senior citizens who are our primary purchasers. A discussion was held by the Council regarding the completion of Emerson Forest. Council Member Hosinski made a motion to continue this resolution for sixty days pending reports back on progress of homes being built in Emerson Forest, seconded by Council Member Sniadecki. The motion failed on a roll call vote of four nays and five ayes (Council Members Aranowski, Pfeifer, Kelly, Broden and Coleman.) Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Broden. The motion carried on a roll call vote of five ayes and four nays (Council Members Varner, Ujdak, Hosinski and Sniadecki.) BILLS, FIRST READING REGULAR MEETING JANUARY 26, 1998 BILL NO. 12 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY WEST OF FELLOWS STREET FROM THE SOUTH RIGHT -OF -WAY OF EAST SOUTH STREET TO THE NORTH RIGHT -OF -WAY OF THE FIRST EAST -WEST ALLEY SOUTH OF EAST SOUTH STREET FOR A DISTANCE OF APPROXIMATELY 99 FEET AND A WIDTH OF 10 FEET, PART LOCATED IN JODON'S SUB., CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member 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 February 9, seconded by Council Member Broden. The motion carried. BILL NO. 13 -98 A BILL AMENDING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS OF 1998, 1999, 2000 AND 2001 This bill had first reading. Council Member Hosinski made a motion to refer this bill to the Heath and Public Safety and Personnel and Finance Committees, and set it for public hearing and third reading on February 23, seconded by Council Member Broden. The motion carried. BILL NO. 14 -98 A BILL APPROPRIATING $9,240.00 FROM THE HAZ -MAT FUND FOR THE PURPOSE OF PURCHASING EQUIPMENT FOR THE HAZ -MAT TEAM This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Heath and Public Safety and Personnel and Finance Committees, and set it for public hearing and third reading on February 9, seconded by Council Member Broden. The motion carried. BILL NO. 15 -98 A BILL APPROPRIATING $9,172.00 FROM THE INDIANA RIVER RESCUE FUND FOR THE PURPOSE OF PURCHASING EQUIPMENT FOR THE INDIANA RIVER RESCUE TEAM This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Heath and Public Safety and Personnel and Finance Committees, and set it for public hearing and third reading on February 9, seconded by Council Member Broden. The motion carried. BILL NO. 16 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES, INCLUDING $1,928,343 FROM THE GENERAL FUND, $127,145 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $140,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $1,648,676 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $797,000 FROM THE COUNTY OPTION INCOME TAX FUND, $343,500 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL FUND, $595,300 FROM THE PARKS AND RECREATION FUND, $202,766 FROM THE PARKS NON - REVERTING CAPITAL FUND, $2,356,000 FROM THE LOCAL ROADS AND STREET FUND, $111,300 FROM THE BUILDING DEPARTMENT FUND, $26,765 FROM THE SOLID WASTE DEPRECIATION FUND, $1,631,111 FROM THE WATER WORKS DEPRECIATION FUND, $4,502,050 FROM THE SEWAGE WORKS DEPRECIATION FUND, $39,250 FROM THE CENTURY CENTER FUND This bill had first reading. Council Member Broden made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading on February 9, seconded by Council Member Hosinski. The motion carried. F_ 1 I� REGULAR MEETING UNFINISHED BUSINESS JANUARY 26, 1998 Council Member Varner made a motion to set Bill nos. 121, 122 and 127 -97 for public hearing and third reading on February 9, and refer them to the Zoning and Annexation Committee, seconded by Council Member Broden. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Coleman adjourned the meeting at 10:00 p.m. ATTEST: President