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HomeMy WebLinkAbout06-23-97 Council Meeting MinutesREGULAR MEETING JUNE 23,1997 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 23, 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, 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 June 9, 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 June 9, 1997, meeting be accepted and placed on file, seconded by Council Member Hosinski. The motion carried. CITY REPORTS Kathy Dempsey, director of Code Enforcement, reported on their progress for the first five months of this year: the number of environmental letters sent out have doubled; in 1996 they cleaned 864 lots, in 1997 - 1,493; they billed 82,000 in 1,996 and 142,000 in 1997; and collected on properties cleaned $31,000 in 1996 and $78,000 in 1997. We indicated this has been done with no increase in our crews. Council Member Coleman 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 7:10 p.m. with nine members present. Chairman Coleman presiding. 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 . Council Member Hosinski made a motion to continue this bill indefinitely, seconded by Council Member Varner. The motion carried. BILL NO. 28 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2117 EAST JEFFERSON IN THE CITY OF SOUTH BEND Council Member Broden made a motion to strike this bill, seconded by Council Member Aranowski. The motion carried. BILL NO. 45 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED ALONG BOTH SIDES OF EAST JEFFERSON BOULEVARD, BETWEEN ST. PETER STREET AND EDDY STREET, AND ON THE WEST SIDE OF EDDY STREET BETWEEN WASHINGTON STREET AND WAYNE STREET, CITY OF SOUTH BEND, INDIANA REGULAR MINUTES JUNE 23, 1997 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 Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable, as amended. Council Member Hosinski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Varner. The motion carried. Jim Voll, Area Plan, made the presentation for the bill. He indicated this was an Area Plan initiated bill to rezone office properties some of which are legal non - conforming uses. He reported that non - conforming uses cannot be expanded or rebuilt if destroyed, and the PHC zoning will make existing offices permitted uses. Council Member Hosinski made a motion to recommended this bill to the Council favorable, as amended, seconded by Council Member Pfeifer. The motion carried. BILL NO. 43 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1881 NORTH IRONWOOD ROAD, 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 Broden reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Jim Voll, Area Plan, advised that the petitioners were requesting a change from 110" office to "C" Commercial in order to allow the existing office and expansion of an existing supermarket. He gave the staff report, and reported that the Commission had given this rezoning a favorable recommendation. George Weber, Architect, made the presentation for the bill. He indicated this rezoning was being requested primarily for the purpose of bring the zoning in conformance. He indicated Martins supermarket is planning to expand their building at this location. Council Member Aranowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried. Council Member Kelly made a motion to combine public hearing on Bill Nos. 49 and 52 -97, seconded by Council Member Hosinski. The motion carried. BILL NO. 49 -97 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 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 being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Member Sniadecki reported that the Utilities Committee had met on these bills and recommended them to the Council favorable. Mayor Luecke indicated we were planning for the orderly growth of the City and being able to provide a proper water supply to our customers. He advised that the bond issue will pay for several projects that are necessary in order that our system provide the best quality of water. John REGULAR MINUTES JUNE 23, 1997 Stancati, director of the Water Works, indicated the proposed rate increase is improvement driven for such items as reservoirs, booster stations, main extensions and filtration plants. He indicated that the distribution systems will be improved, and 80% of our water will be filtered for the removal of iron. He reported that these projects are all in the master plan. Melissa Moran, Malcolm Hernley Engineering, indicated they were preparing a master plan which has three parts — pressure, flow and water quality. She reported that the project was on -going and expected to be completed at the end of the year. John Stump, Municipal Consultants, indicated that nine of the projects will be funded through the bond issue, the other 15 projects will be funded out of the revenues generated and will not be tax supported. Tom Brademas, 429 N. Michigan, spoke against the water increase. He questioned what happened to the that were not used from the 1993 bond issue. He indicated it was difficult to be in favor of this increase since the bulk of the money will be spent outside of the City. Barbara Brownell, 1423 Sunnymede, spoke against this bill. She indicated she uses a lot more than 4,000 to 5,000 gallons a month, and with everything included this comes up to $.27 a day. Joyce Boaler, 1606 Hillsdale, indicated she concurred with Ms. Brownell said, as well as Mr. Brademas. She indicated there was no question but what the water needs to be improved and she was very pleased when they said they would flushing the mains every month, but that is not being done. Comments and questions were answered by Mr. Stancati. Council Member Kelly made a motion to recommend Bill No. 49 -97 to the Council favorable, seconded by Council Member Ujdak. The motion carried. Council Member Kelly made a motion to recommend Bill No. 52 -97 to the Council favorable, seconded by Council Member Udjak. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Sniadecki reported that the Utilities Committee had met on this bill and recommended it to the Council favorable. Jack Dillon, director of Environmental Services, made the presentation for the bill. He indicated this is an insurance program we offer our residents. He reported that the City sewer line is out in the street and there is a lateral connection which must be maintained by the homeowner, and this fund pay the cost of repair, excluding a $500 deductible. He indicated the increase of $.23 per month is necessary, since this fund has operated with a deficit for the last ten years. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Sniadecki.reported that the Utilities Committee had met on this bill and recommended it to the Council favorable. Jack Dillon, director of Environmental Services, made the presentation for the bill. He indicated the proposed rate increase for the water insurance is $.17 a month and the sewer insurance is $.23. He reported that these increases will allow the funds to be repaid and ensure sufficient operating revenues. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 53 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH REGULAR MINUTES JUNE 23, 1997 BEND, INDIANA, APPROPRIATING EIGHT HUNDRED FOUR THOUSAND DOLLARS ($804,000) FROM THE GENERAL FUND 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. Cathy Roemer, City Controller, made the presentation for the bill. She indicated this money is being appropriated to cover various contracts that must be let prior to the receipt of bond proceeds, and any moneys spent will be reimbursed from the proceeds of the bonds. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. 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 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. Cleo Hickey, director of the Morris Civic, made the presentation for the bill. She indicted this appropriation would provide for various improvement to the Morris, such as; front heater equipment, boiler and a/c repairs, roof repairs, stage and backstage repairs, and a construction manager. She indicated these moneys will come from their improvement fund. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. 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 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 Economic Development Committee had met on this bill and recommended it to the Council favorable. Ann Kolata, director of Redevelopment, made the presentation for the bill. She indicated this bill would appropriate $60,000 from a state grant for expenses related to conducting a feasibility study for redevelopment of the former Oliver Plow Works. Council Member Broden made a motion to recommend this to the Council favorable, seconded by Council Member Kelly. 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 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 Kelly made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Aranowski. The motion carried. Ann Kolata, director of Redevelopment, made the presentation for the bill. She indicated this bill would allow for a change in the rate structure for the municipal parking garages, in order to alleviate the loss of parking spaces, because of the Leighton Plaza Project. She reported that this bill would give free parking in the City garages for less than two hours. Council REGULAR MINUTES JUNE 23, 1997 Member Aranowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. 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 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. Ann Carol Simons, assistant city attorney, made the presentation for the bill. She informed the Council that the purpose of this bill was to allow not - for - profit organizations to hold a carnivals or circus that would benefit the City without incurring the cost of a license. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried. Council Member Hosinski made a motion to rise and report to the Council, seconded by Council Member Sniadecki. The motion carried. ATTEST: y 4LARMEET RE NG RECONVENED ATTEST: Cam 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 8:50 p.m. Council President Kelly presiding, and nine members present. ORDINANCE NO. 8796 -97 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED ALONG BOTH SIDES OF EAST JEFFERSON BOULEVARD, BETWEEN ST. PETER STREET AND EDDY STREET, AND ON THE WEST SIDE OF EDDY STREET BETWEEN WASHINGTON STREET AND WAYNE STREET, 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 Coleman made a motion to pass by Council Member Hosinski. The bill passed of nine ayes. Coleman made a Committee of the The motion carried. this bill, seconded by a roll call vote ORDINANCE NO. 8797 -97 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1881 NORTH IRONWOOD ROAD, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Sniadecki. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8798 -97 AN ORDINANCE 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 1 1 1 REGULAR MINUTES JUNE 23, 1997 CHAPTER 17, ARTICLE 4, SECTIONS 17 -45 AND 17 -46 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 Aranowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8799 -97 AN ORDINANCE 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 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 nine ayes. ORDINANCE NO. 8800 -97 AN ORDINANCE 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 third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8801 -97 AN ORDINANCE 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 third reading. Council Member Aranowski made a motion to pass this bill, seconded by Council Member Sniadecki. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8802 -97 AN ORDINANCE 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 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 nine ayes. ORDINANCE NO. 8803 -97 AN ORDINANCE APPROPRIATING $41,210.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR THE PURPOSE OF PERFORMING VARIOUS REPAIRS AT THE MORRIS CIVIC AUDITORIUM 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 nine ayes. ORDINANCE NO. 8804 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING SIXTY THOUSAND DOLLARS REGULAR MINUTES JUNE 23, 1997 ($60,000) FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND (FUND 210) This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8805 -97 AN ORDINANCE 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 third reading. Council Member motion to amend this bill, as amended in the Whole, seconded by Council Member Broden. TI Council Member Coleman made a motion to pass by Council Member Hosinski. The bill passed of nine ayes. Coleman made a Committee of the ze motion carried. this bill, seconded by a roll call vote ORDINANCE NO. 8806 -97 AN ORDINANCE 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 third reading. Council Member Coleman 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. 2468 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1302 W. SAMPLE STREET, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR IMAGINEERING ENTERPRISES, INC. Whereas, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and Whereas, a Declaratory Resolution designated the area commonly known as 1302 W. Sample, 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 with said real estate having the following Key No.18 8021 084002, 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 -25; and Whereas, the Council held a public hearing for the purpose 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 MINUTES JUNE 23, 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 Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of FIVE (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. 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. Mike Wojtysiak, CPA, made the presentation for the resolution. He indicated this company plans an expansion of their metal finishing services, in order to remain competitive. 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 nine ayes. RESOLUTION NO. 2469 -97 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 1902 S. MAIN AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GENERAL SHEET METAL, 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 1902 S. Main, South Bend, Indiana, and which is more particularly described as follows: PARC OF LAND BEG APPROX 140' E OF CENTERLINE OF CALVERT AND LAFAYETTE ST & BEING PT OF W1 /2SW1 /4 SEC 13 -37 -2E CONT 1.94AC +- 573' ON E SIDE LAFAYETTE ST ETC BEG SE COR CALVERT ST CONT APPX 1.2216 ACRS SEC 13 -37 -2E LOTS 35,36, & N 18' VAC BOWMAN ST & 14' VAC ALLEY W & ADJ & S VAC ALLEY N & AND TO LOT 35 BOWMAN'S 1ST ADDN LOT 10 & VAC ALLEY BET LOTS 1011 LOT 11 & EX 15 FT FOR ST STOVER & WITWER ADD LOT 34 & E1 /2 VAC ALLEY W & ADJ & N1 /2 VAC ALLEY SO. & ADJ BOWMANS 1ST ADD. LOTS 18 THRU 22 & E h VAC ALLEY W & ADJ & E -W VAC ALLEY W & ADJ & E -W VAC ALLEY BET LOTS 18 & 19 STOVER & WITWER ADD and this property has Key Number 18 8012 056701; 18 8012 0567; 18 8011 048901; 18 8010 0453; 18 8010 046601; 18 8010 0451, 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 REGULAR MINUTES JUNE 23, 1997 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 sea., and South Bend Municipal Code Sections 2- 76 et sea. and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the 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. 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. 1 1 REGULAR MINUTES JUNE 23, 1997 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 time. Council Member Broden reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Mike Wojtysiak, CPA, made the presentation for the resolution. He indicated this company provides metal fabricated products to the lawn and garden, as well as towing equipment industries, and they plan to add three major pieces of equipment which will allow them to maintain quality and achieve future growth. Council Member Broden made a motion to adopt the resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2470 -97 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 2216, 2222, and 2230 SOUTH MEADE STREET, RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR G & M PROPERTIES. 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 areas commonly known as 2216, 2222, and 2230 Meade Street, South Bend, Indiana, and which are more particularly described as follows: 2216 S. Meade St. Lot 248A Homeland 2nd Add. 18- 8105 -3976 2222 S. Meade St. Lot 250A Homeland 2nd Add. 18- 8105 -3980 2230 S. Meade St. Lot 252 Homeland 2nd Add. 18- 8105 -3984 together now known as 2216, 2222 and 2230 Meade Street and having tax key numbers 18 8105 3976, 18 8105 3980 and 18 8105 3084, respectively, be designated as Residentially Distressed Areas under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the areas qualify as Residentially Distressed Areas under Indiana Code 6- 1.1 -12.1, et sec., 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 se-q., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. At least thirty -five percent (35 %) of the parcels are REGULAR MINUTES JUNE 23, 1997 currently vacant; B. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; C. A significant number of dwelling units in the areas are: I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; D. The areas have 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. E. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. F. That the description of the proposed redevelopment meets the applicable standards for such development. G. That the estimate of the value of the redevelopment is reasonable for projects of this nature; H. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and I. 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 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. 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. 1 1 REGULAR MINUTES JUNE 23, 1997 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/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Broden reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Michael Urbanski, Garden Homes, made the presentation for the resolution. He indicted they were requesting residential tax abatement for three new homes located in the southwest area of the City. 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. 2471 -97 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 802 S. FELLOWS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HARBOR METAL TREATING OF INDIANA 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 802 S. Fellows, South Bend, Indiana, and which is more particularly described as follows: LOTS 156 THRU 167 ex ne cor lot 161 and vacated alleys E.H. Rushes Second Add known as parcel #12 Monroe /Sample Redevelopment Area and this property has Key Number 18 3092 3512, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et_ secs., and South Bend Municipal Code Section 2 -76 et sea.; 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. 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 REGULAR MINUTES JUNE 23, 1997 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 time. Council Member Broden reported that the Community and Economic Development Committee had met on this bill and had no recommendation, since the petitioner did not attend the committee meeting. He made a motion to amend this resolution to delete the comma and the word "and" in the second whereas clause, and place a period after the word law; remove the third whereas clause; and in Section III remove "and the Community and Economic Development Committee's favorable recommendation, ", seconded by Council Member Sniadecki. The motion carried.` Ben Crocker, plant manager, made the presentation for the resolution. He indicated their project consists of the purchase of vacuum furnaces. He reported they need this new equipment in order to remain competitive. He advised that this company had been in business in South Bend since 1982. Ann Kolata, Deputy Council Member, spoke in favor of this abatement. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Broden. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2472 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING 1 1 REGULAR MINUTES JUNE 23, 1997 CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 130 S. MAIN, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR TRAMMELL CROW MW,L.L.C. 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 130 S. Main, South Bend, Indiana, and which is more particularly described as follows: All of lots Numbered Thirty (30), Twenty -nine (29) and Twenty - eight (28), the South 38 feet of Lot numbered Twenty -seven (27) of the Original Plat of the town now (now City) of South Bend, St. Joseph County, Indiana, and All of lots Numbered Thirty -one (31), Thirty -two (32), and Thirty -three (33) and Thirty -four (34) of the Original Plat of the town (now City) of South Bend, St. Joseph County, Indiana, and A 14 foot wide alley, running North and South which lies between Lots 27 to 30 and Lots 31 to 34 in the Original Plat of the town (now City) of South Bend; ALSO the 14 foot wide alley running East and West lying between Lots 33 t o 34 and Lots 27 to 28 in the Original Plat of the town (now City) of South Bend. and which has Key Number 18- 3006 -0188 through 18- 3006 -0205 and 18- 3006 -0205 through 18- 3006 -0215, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1-1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. 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 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 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. 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 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., 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 REGULAR MINUTES JUNE 23, 1997 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 or 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 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 IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated 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 -2.51 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/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Broden reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Brad Toothaker, 200 LaSalle, made the presentation for the resolution. He asked for support of this project on behalf of downtown growth, job creation and new tax base. Ann Kolata, Redevelopment director, explained that the petitioners propose to build a 60,000 square foot office building which will be four stories at 130 S. Main, at an estimated cost of $6.5 million. She indicated this project is part of the City's redevelopment efforts,for the block and includes an 80,000 square foot building which will be owned by Memorial Health Systems, as well as a 650 space parking garage, which will include 11,000 square feet of retail space fronting on Michigan Street. C CI 1 REGULAR MINUTES JUNE 23, 1997 RESOLUTION NO. 2473 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE ACQUISITION BY LEASE OF CERTAIN EQUIPMENT ESSENTIAL TO THE OPERATIONS OF THE CITY. Whereas, the Board of Public works of the City of South Bend, Indiana (Board), on June 16, 1997, received a petition ( "Petition ") signed by fifty (50) taxpayers of the City of South Bend, requesting that the Board acquire computer equipment and M.I.S. upgrade for the South Bend Police Department by entering into a lease - purchase agreement with Safeco Credit Company of Minnetonka, Minnesota (Lessor), for $1,645,000.00, for a term of three (3) years, with semi - annual lease payments of $302,104.25; Whereas, the Board received, on June 16, 1997, a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and Whereas, I.C. 36- 1- 10 -7(2) requires, prior to the Board of Public Works entering into a lease agreement for a system, as defined by I.C. 36- 1 -10 -2, that the Common Council determine that the system is needed. Whereas, the Common Council of the City of South Bend, Indiana, has determined that a need exists for the acquisition of the system described in the Municipal Equipment Lease - Purchase Agreement (Lease Agreement). NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. That on June 16, 1997, a Petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public works of the City of South Bend, Indiana, requesting that the Board acquire computer equipment and M.I.S> upgrade for the South Bend Police Department by entering into a lease - purchase agreement with Safeco Credit Company of Minntonka, Minnesota (Lessor), for j$1,645,000.00, for a term of three (3) years, with semi - annual lease payments of $302,104.25 2) That on June 16, 1997, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend. 3) That a proposed lease agreement for the system was filed with the Board of Public Works, a true and complete copy of which is attached hereto and incorporated herein. 4) That having heard all speakers at the presentation and hearing on this Resolution on June 23, 1997, and having taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigation, discussions, and consideration by individual Council Members, the Common Council of the City of South bend hereby finds pursuant to I.C. 36- 1- 10 -7(2), that the acquisition of computers and M.I.S. upgrade for the South Bend Police Department, as petitioned by the fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor, is needed. 5) 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, Common Council REGULAR MINUTES JUNE 23, 1997 A public hearing was held on the resolution at this time. Cathy Roemer, City Controller, made the presentation for the resolution. She indicated the lease purchase agreement was to purchase computer equipment and upgrades for the Police Department. She indicated the agreement was for three years with semi - annual lease payments. Council Member Hosinski made a motion -to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2473 -97 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FROM VARIOUS FUNDS TO THE VARIOUS FUNDS WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA It is necessary to provide funds for the Sewage Works Insurance Fund and the Sewer Repair Fund in order to meet the current operating expenses of each respective insurance program. There are monies on deposit to the credit of the Sewage Works Operation and Maintenance Fund, which can be temporarily advanced or transferred to the aforementioned funds. Indiana Code 36 -1 -8 -4 authorizes the Common Council of the 1 City of South Bend, by Resolution adopted by such Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such a period of time as may be prescribed in the Resolution. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: Section I. The Cit y authorized to transfer a to various funds from th e Fund. Any such transfers 1997. FROM: Liability Insurance Operation and Maintenance Fund TOTAL Controller of the City of South Bend is n aggregate amount not to exceed $280,000 Sewage Works Operation and Maintenance made must be repaid by December 31, MAXIMUM $280,000 $280,000 TO: MAXIMUM Sewage Works $200,000 Insurance Fund Sewage Repair Fund $ 80,000 $280,000 . Section II. Such transfer shall be made for a period of time not to extend beyond December 31, 1997, and such funds so transferred shall be returned and repaid to the Sewage Works Operation and Maintenance Fund. Section III. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Is/ Roland Kelly Member of the 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 funds from the Sewage Works Operation and Maintenance Fund will be transferred into the Sewage Works Insurance Fund and Sewer Repair fund, and any moneys transferred will be returned and repaid by December 31, 1997. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING D h 1 REGULAR MINUTES JUNE 23, 1997 BILL NO. 59 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; DAN FUERBRINGER This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and third reading on July 28, seconded by Council Member Sniadecki. The motion carried. BILL NO. 60 -97 A BILL OF TRANSFERRING $99,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Council Member Broden made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on July 28, seconded by Council Member Hosinski. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to public hearing and third reading on Jul, Zoning and Vacation Committee, seconded Sniadecki. The motion carried. There being no further business to come unfinished or new, Council Member Kelly 9:15 P.M. ATTEST: set Bill No. 41 -97 for 14, and refer it to the by Council Member before the Council adjourned the meeting at ATTEST: P eside t