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HomeMy WebLinkAbout06-09-97 Council Meeting MinutesREGULAR MEETING JUNE 9, 1997 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, June 9, 1997, 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, Broden, Varner, Ujdak, Coleman, Hosinski and Sniadecki .Absent: Council Member Kelly 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 May 27, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ David Varner Council Member Coleman made a motion that the minutes of the May 27, 1997, meeting be accepted and placed on file, seconded by Council Member Sniadecki. The motion carried. CITY REPORTS Kathy Baumgartner, Bureau of Housing, reported on the success of Christmas in April which they have been doing for the last ten years, and the Good Neighbors Program. She indicated that the Good Neighbors Program focused on the elderly, the handicapped and volunteer group affiliates in need. She indicated that a good neighbor takes care of their own environment to the limits of their capability and assists those whose capabilities are not as great. She indicated that requests for assistance are put into a catalog, until a volunteer is found. She advised that volunteer solicitation takes place at service club meetings, churches, businesses, schools, social and fraternal organizations who sponsor a work team, and small tools and materials are provided by the Bureau.of Housing. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Sniadecki. 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 7:12 p.m. with eight members present. Chairman Coleman presiding. BILL NO. 91 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1208 LINCOLN WAY EAST, 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 Coleman announced that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable, as amended. Council Member Broden made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Aranowski. The motion carried. John Byorni, assistant director of Area Plan, indicated the petitioners were requesting a change in zoning from "B" to 110" office to allow for an office in a residence. He reported that the Area Plan Commission recommended this to the Council favorable. Jerry Hubner, 1719 E. LaSalle, made the presentation for the bill. He advised they were requesting the rezoning in REGULAR MEETING JUNE 9, 1997 order to expand their business. Council Member Broden made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Varner. The motion carried. BILL NO. 31 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED APPROXIMATELY 195' NORTHEASTERLY OF THE INTERSECTION OF PRAIRIE AVENUE AND LOCUST ROADS ON THE SOUTHERLY SIDE OF PRAIRIE AVENUE 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 Pfeifer made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Aranowski. The motion carried. Council Member Broden reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable, as amended. John Byorni, assistant director of Area Plan, indicated the petitioners were requesting this change in zoning to allow for retail establishments. He reported that this property had been rezoned for this purpose before, however, the zoning had reverted. He indicated the Area Plan Commission recommends this to the Council favorable. Bernard Feeney, land surveyor, made the presentation for the bill. He indicated this will be the third time the Council has approved this zoning for this property, however, this time construction will begin. Council Member Varner made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Sniadecki. The motion carried. BILL NO. 32 -97 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING TO AND MAKING CERTAIN REVISIONS TO THE ZONING ORDINANCE 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 made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Hosinski. The motion carried. Council Member Broden reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable, as amended. John Byorni, assistant director of Area Plan, made the presentation for the bill. He reported this was an Area Plan initiated petition, amending the municipal code by adding new definitions, establishing new permitted uses and special exceptions in various zoning districts, revise the "A" Residential District, the Historic Preservation regulations and the sign regulations. He indicated the permitted uses and special exceptions will allow for family type restaurants that serve liquor to operate in the City. He reported that the Area Plan Commission sends this to the Council favorable. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried. BILL NO. 44 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: TUDOR LANE FROM THE EAST RIGHT -OF -WAY OF WOODMONT STREET (OR DRIVE) APPROXIMATELY 115 FEET EAST TO DEAD END AND A WIDTH OF 50 FEET. PART LOCATED IN TWYCKENHAM HILLS SECTION "H ", CITY 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 Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council REGULAR MEETING JUNE 9, 1997 unfavorable. Michael Anastasio, 3344 Woodmont, indicated approving the vacation would be in the best interest of the City, and not granting the petition could potentially harm the petitioners property. He reported this was a paper street and there are no plans to develop the street. He advised that it would cost a lot of money to develop this paper street, due to the grade problem. He also advised there was no reason why this property could not be accessed from Ironwood Drive. Mitchell Heppenheimer, attorney, indicated he represented the landowners and they are against the petition to vacate, since they are considering developing the property, and if the petition is allowed this would restrict the development. Council Member Varner made a motion to recommend this bill to the Council unfavorable, seconded by Council Member Aranowski. The motion carried. BILL NO. 46 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DELETING CERTAIN CURRENT SECTIONS OF THE MUNICIPAL CODE TO PREPARE FOR RECODIFICATION OF THE ENTIRE SOUTH BEND MUNICIPAL CODE 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 reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Council Member Aranowski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Broden. The motion carried. Ann -Carol Simons, assistant city attorney, made the presentation for the bill. She advised the City was in the process of recodifying the book, and this bill would removed obsolete or superseded ordinances. She indicated this bill was a result of meetings with different department heads. Council Member Aranowski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Broden. The motion carried. BILL NO. 47 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN AMENDED AND RESTATED LEASE FOR CERTAIN LAND AND PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION 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 Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Ann Kolata, deputy director of Economic Development, made the presentation for the bill. She reported that this bill approves the South Bend Redevelopment Commission, the South Bend Redevelopment Authority and the Morris Performing Arts Center project, and will finance the improvements to the Morris and the Palais Royale. Cleo Hickey, director of the Morris Civic reported that this project consists of three main components, the stage house, the auditorium and the Palais Royale building. She advised that the first phase would demolish the current stage house and construct a new one, that will be a multi -story structure with dressing rooms, rehearsal space, storage areas and support spaces, as well as theatrical rigging and equipment; the second phase will be the auditorium with the heating and cooling system being replaced, as well as improved lighting and new seating; the third phase will be the Palais Royale, with the entrance being renovated and an elevator provided to the ballroom, the marquee will be installed, it will be painted, and a kitchen will be installed. Anthony Douglas, 814 E. Irvington; Greg Giczi, from the Broadway Theatre League; Mark Richardson, director of the South Bend Symphony; Duke Jones chairman of the Entertainment District Committee; Anita Borders, executive director of the Broadway Theatre League; all spoke in favor of this bill. Council Member REGULAR MEETING JUNE 9, 1997 Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Broden. The motion carried. BILL NO. 48 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 6, ENTITLED TAX ABATEMENT PROCEDURES OF THE SOUTH BEND MUNICIPAL CODE 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 Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Larry Magliozzi, assistant director of Planning, made the presentation for the bill. He indicated this bill would add four more districts as residentially distressed areas: West Washington; Westside- Mayflower; Far Northwest - Meade; and Near Westside- Linden. He indicated these districts meet State Law criteria. Mike Urbanski, 17874 State Road 23, spoke in favor of these new districts. Dea Andrews, 223 N. Scott, indicated South Bend Heritage has been working successfully with Garden Homes, and we need all the tools we can get to encourage people to live in the City. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Broden. The motion carried. Council Member Varner made a motion to rise and report to the Council, seconded by Council Member Broden. The motion carried. ATTEST: oikbn ca-_C � Chairman 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 8:25 p.m. Council President Pfeifer presiding, and eight members present. BILLS, THIRD READING ORDINANCE NO. 8790 -97 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1208 LINCOLN WAY EAST, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council motion to amend this bill, as amended Whole, seconded by Council Member Var; Council Member Coleman made a motion by Council Member Hosinski. The bill of eight ayes. Member Coleman made a in the Committee of the aer. The motion carried. to pass this bill, seconded passed by a roll call vote ORDINANCE NO. 8791 -97 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED APPROXIMATELY 195' NORTHEASTERLY OF THE INTERSECTION OF PRAIRIE AVENUE AND LOCUST ROADS ON THE SOUTHERLY SIDE OF PRAIRIE AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member motion to amend this bill, as amended in the Whole, seconded by Council Member Hosinski. Council Member Aranowski made a motion to pa; seconded by Council Member Broden. The bill call vote of eight ayes. Coleman made a Committee of the The motion carried. as this bill, passed by a roll 1 7 REGULAR MEETING JUNE 9,1997 ORDINANCE NO. 8792 -97 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING TO AND MAKING CERTAIN REVISIONS TO THE ZONING ORDINANCE This bill had third reading. motion to amend this bill, as Whole, seconded by Council Mei Council Member Coleman made a by Council Member Aranowski. of eight ayes. Council Member amended in the nber Hosinski. motion to pass The bill passe Coleman made a Committee of the The motion carried. this bill, seconded 3 by a roll call vote BILL NO. 44 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: TUDOR LANE FROM THE EAST RIGHT -OF -WAY OF WOODMONT STREET (OR DRIVE) APPROXIMATELY 115 FEET EAST TO DEAD END AND A WIDTH OF 50 FEET. PART LOCATED IN TWYCKENHAM HILLS SECTION "H ", CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Council Member Aranowski made a motion to defeat the bill, seconded by Council Member Coleman. The motion carried. ORDINANCE NO. 8793 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DELETING CERTAIN CURRENT SECTIONS OF THE MUNICIPAL CODE TO PREPARE FOR RECODIFICATION OF THE ENTIRE SOUTH BEND MUNICIPAL CODE This bill had third reading. Council Member Broden made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8794 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN AMENDED AND RESTATED LEASE FOR CERTAIN LAND AND PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION This bill had third reading. Council Member Broden made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8795 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 6, ENTITLED TAX ABATEMENT PROCEDURES OF THE SOUTH BEND MUNICIPAL CODE This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Hosinski. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 2465 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS NORTHEAST CORNER OF CHAPIN STREET AND WESTERN AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION AND BAUGO CREEK REALTY (AN REGULAR MEETING INDIANA PARTNERSHIP) JUNE 9, 1997 WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as northeast corner of Chapin and Western Ave, South Bend IN, and which is particularly described as follows: Street Address Legal Description Key Number 302 S. Chapin 32FT N &S X 118.14FT E &W NW COR BOL71 18- 3051 - 2201.01 306 S. Chapin 89FT N &S X 118.14FT E &W EX 32FT W END NW CORNER BOL 71 18- 3051 -2001 308 S. Chapin 38X7 RODS4LKS MIDPT W SIDE N1 /2 BOL 71 18- 3051 -2002 310 -312 S. Chapin 32.9FTX118.14FT MIDPT WSIDE N1 /2 BOL 71 18 3051 2003 314 S. Chapin S20.1FTOFS35FT OF N1 /2 NW PARTOF BOL 71 18- 3051 -2004 734 W. Napier E28.87FTOFW147.01FT N 34 BOL 71 18 -3051 =2005 732 W. Napier E28.87FTOFW175.88FT N h BOL 71 18- 3051 -2006 730 W. Napier 7RODS E END OF 21.1N 1 -4 BOL 71 18- 3051 -2007 No Address 50FT ON CHAPIN STX122.59FTWSIDE S1 /2BOL71 18- 3051 -2008 No Address 65FTX122.59FT MIDDLEPART WSIDE W1 /2 OF � BOL 71 18- 2051 -2009 No Address 46.12FT SW CORNER BOL 71 18- 3051 -2010 No Address W39FT ON WESTERN AVE MIDPART W 1 /2S h BOL 71 18- 3051 -2011 735 W. Western E39FT OF W208FT EX TRI PC TO CITY FOR ST SW BOL71 18- 3051 -2012 735 733 W. Western W37FT OF E94h W �S 1 /2BOL 71 18- 3051 -2013 No Address E57.5FT OF W1 /2 OF S1 /2 BOL 71 18- 3051 -2014 as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1- 12.1 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Coleman made a motion to accept the substitute REGULAR MEETING JUNE 9, 1997 resolution on file with the City Clerk, seconded by Council Member Hosinski. The motion carried. Dea Andrews, 223 N. Scott, a representative of South Bend Heritage, made the presentation for the resolution. She indicated this abatement was for the development of the Chapin Market. She asked for the Council's consideration in support of this abatement. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2466 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS SOUTHEAST CORNER OF CORBY AND NILES AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR C.D.T., L.L.C. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as southeast corner of Corby and Niles Avenue, South Bend IN, and which is particularly described as follows: PARCEL I: A parcel of land located in the northeast quarter of the southwest quarter of Section 1, Township 37 north, range 3 east, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the south line of Corby Street, 220.51 feet north 89048127" east (assumed bearing) of the intersection of the south line of Corby Street and the easterly line of Niles Avenue, said point being the northwest corner of a tract of land conveyed to the City of South Bend, Indiana by Instrument Number 780739 recorded March 3, 1978 in the Office of the St. Joseph County Recorder; thence south 25006103" East along the westerly line of said City of South Bend tract, 149.81 feet; thence south 89049121" east, 141.77 feet to the south line of Corby Street; thence south 89049127" west along said southline of Corby Street, 103.36 feet to the point of beginning. PARCEL II. A parcel of land located in the northwest quarter of the southwest quarter of section 1, township 37 north, range 2 east, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at the intersection of the 25006103" east (assumed bearing) along the easterly line of Niles Avenue, 242.74 feet; thence north 64053157" east, 200.00 feet to the westerly line of a tract of land conveyed to the City of South Bend, Indiana by Instrument Number 7803739 recorded March 3, 1978 in the office of the St. Joseph County Recorder; thence North 25006103" west along said westerly line, 149.87 feet to the south line of Corby Street; thence south 89048'27" west along said south line of Corby Street, 220.51 feet to the point of beginning. with said real estate having the following Key No. 18 5038 134601 and 18 5038 1343 an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. REGULAR MEETING JUNE 9, 1997 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1- 12.1 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Dan Thorsburg, a member of C.D.T., made the presentation for the resolution. He indicated they were building fifteen townhouses at a cost of over $1.8 million, and the abatement will enable them to do the project. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2467 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 1302 W. SAMPLE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR IMAGINEERING ENTERPRISES, 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 1302 W. Sample, South Bend, Indiana, and which is more particularly described as follows: 330' ON SAMPLE ST BEG SW COR SAMPLE & WESTERN STS CONT APPX AC SEC 14 -37 -2E and this property has Key Numbers 18 8021 084002, 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 Economic Revitalization Area. 1 1 1 REGULAR MEETING JUNE 9, 1997 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/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this bill. Mike Wojtysiak, CPA, made the presentation for the resolution. He indicated this company intends to expand their metal finishing services to the automotive and aerospace industries. He REGULAR MEETING indicated this project will Member Coleman made a motion by Council Member Hosinski. call vote of eight ayes. BILLS, FIRST READING create twelve n to adopt this The resolution JUNE 9, 1997 ew jobs. Council resolution, seconded was adopted by a roll BILL NO. 49 -57 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND THE AMENDING OF CHAPTER 17, ARTICLE 4, SECTIONS 17 -45 AND 17 -46 OF THE SOUTH BEND MUNICIPAL CODE This bill had first reading. Council Member Coleman made a motion to refer this bill to the Utilities Committee and set it for public hearing and third reading on June 23, seconded by Council Member Hosinski. The motion carried. BILL NO. 50 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 6, SECTION 17 -56 OF THE MUNICIPAL CODE TO INCREASE SEWER SERVICE FUND CHARGES This bill had first reading. Council Member Coleman made a motion to refer this bill to the Utilities Committee and set it for public hearing and third reading on June 23, seconded by Council Member Aranowski. The motion carried. BILL NO. 51 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 6, SECTION 17.49 OF THE MUNICIPAL CODE TO INCREASE WATER SERVICE FUND CHARGES This bill had first reading. Council Member Coleman made a motion to refer this bill to the Utilities Committee and set it for public hearing and third reading on June 23, seconded by Council Member Broden. The motion carried. BILL NO. 52 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED TWENTY -TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($22,500,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH This bill had first reading. Council Member Coleman made a motion to refer this bill to the Utilities Committee and set it for public hearing and third reading on June 23, seconded by Council Member Broden. The motion carried. BILL NO. 53 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING EIGHT HUNDRED FOUR THOUSAND DOLLARS ($804,000) FROM THE GENERAL FUND This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on June 23, seconded by Council Member Aranowski. The motion carried. BILL NO. 54 -97 A BILL APPROPRIATING $41,210.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR THE PURPOSE OF PERFORMING VARIOUS REPAIRS AT THE MORRIS CIVIC AUDITORIUM REGULAR MEETING JUNE 9, 1997 This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on June 23, seconded by Council Member Hosinski. The motion carried. BILL NO. 55-97,A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING SIXTY THOUSAND DOLLARS ($60,000) FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND (FUND 210) This bill had first reading. Council Member Broden made a motion to refer this bill to the Community and Economic Development and set it for public hearing and third reading on June 23, seconded by Council Member Coleman. The motion carried. BILL NO. 56 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING PARKING RATES FOR PARKING GARAGES OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on June 23, seconded by Council Member Varner. The motion carried. BILL NO. 57 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, SECTION 4 -22 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE REQUIREMENTS FOR THE LICENSING OF CARNIVALS AND CIRCUSES This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on June 23, seconded by Council Member Aranowski. The motion carried. BILL NO. 58 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 310 AND 326 S. CHAPIN STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Hosinski. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Pfeifer adjourned the meeting at 8:50 p.m. " 70... rW-oA-.. . o. X - P,T Vice President