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HomeMy WebLinkAbout07-14-97 Council Meeting MinutesREGULAR MEETING JULY 14, 1997 Council Member Hosinski made a motion to rise and report to the Council, seconded by Council Member Aranowski. The motion carried. ATTEST: ATTEST: it C1! c Chairman REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:19 p.m. Council President Kelly presiding, and nine members present. ORDINANCE NO. 8807 -97 AN ORDINANCE TRANSFERRING $99,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Council Member Aranowski made a motion to pass this bill, seconded by Council Member Varner. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2475 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 802 S. FELLOWS TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HARBOR METAL TREATING OF INDIANA, 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 802 S. Fellows, and which is more particularly described as follows: Lots 156 thru 167 ex NE Cor lot 1651 and vacated alleys E H Rushes second ADD known as parcel #12 Monroe /Sample Redevelopment Area with said real estate having the following Key No. 18 3092 3512, 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. 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 REGULAR MEETING JULY 14, 1997 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. Mark Fortuna, a representative of the petitioner, made the presentation for the resolution. He indicated he planned to add two furnaces at their existing location that will allow them to be more competitive in their field. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2476 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 130 SOUTH MAIN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR THE BENEFIT OF TRAMMEL CROW NW,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 130 S. Main, South Bend IN, and which is particularly described as follows: 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. with said real estate having the following Key No. 18 3006 0188 through 18 3006 0195 and 18 3006 0205 through 18 3006 215 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 1 1 1 REGULAR MEETING JULY 14. 1997 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. Brad Toothacker, Real Estate Management Corp., made the presentation for the resolution. He reported that this project will be a new office facility costing approximately $6 million. He noted this project will be an asset to the downtown area. Council Member Pfeifer made a motion to adopt this resolution. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2477 -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 WEST EWING AVENUE, PRAIRIE AVENUE AND LOCUST ROAD AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR EMERSON FOREST, LLC WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purposes of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as the southeast corner of West Ewing Avenue, Prairie Avenue and Locust Road, South Bend, Indiana and which are more particularly described as follows: A parcel of land being part of the west half of the northeast quarter of Section 22, township 37 north Range 2 east, Portage Township, Saint Joseph County, Indiana, described as follows: Commencing at the northwest corner of said quarter section; thence north 890 35' 35" east (bearing assumed) along the north line of said quarter section, a distance of 1303.90 feet; thence south 0016129" east along the west right -of -way line of Grant street; a distance of 179.00 feet to the point of beginning thence south 0016'29" east long said right -of -way a distance of 27.00 feet; thence north 89035135" east to the east line of west half of said quarter section; a distance of 30.00 feet; thence south 0016129" east along said east line to the south line of said quarter section, a distance of 2405.46 feet; thence s. 88034119" west along said south line to a point being 152.9 feet east of the west line of said quarter section; a distance of 1193.09 feet; thence north OoOO11211 east parallel with the west line of said quarter to the southeast corner of Elmer Boocher Minor Subdivision as recorded (instrument number 8627026), a distance of 1160.66 feet; thence north 0000148" west along the east line of said minor subdivision to the south line of peaks REGULAR MEETING JULY 14, 1997 1st addition, a distance of 1018.22 feet; thence north 61°29'37" east along the south line of Peaks 1st addition, a distance of 584.00 feet; thence continuing along said south line north 89035135" east a distance of 638 feet to the point of beginning (containing 68.8 acres more or less) Subject to any easements covenants or restrictions or record. as a Residentially Distressed Area; and WHEREAS, a notice of the adoption of a Declaratory Resolution and the public hearing all remonstrances and objections from interested persons; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met; and WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 2330 -96 on January 8, 1996; and WHEREAS, the petitioner has requested an additional period of time to complete construction of the planned project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South bend, Indian, as follows: SECTION I, The Common Council hereby determines and find that the Petition for real property tax abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. 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; or B. A significant number of dwelling units in the areas are vacant land; or I. the subject of an order issued under IC 36 -7 -9, or ii. evidencing significant building deficiencies; or C. 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; D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction; E. That the description of the proposed redevelopment meets the applicable standards for such development; F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and H. 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 1 1 _J REGULAR MEETING JULY 14, 1997 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 competed within five (5) calendar years from the date of the adoption of the Declaratory Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution and its Confirmatory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of property tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction or 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. sea. SECTION VI. This resolution shall be in full force and effect from and after its adoption by the Common council and approved 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. Mary Booth, a representative of BL Builders, reported they were requesting a three year extension of the tax deduction period in order to complete this project. She indicated they were very excited about this project. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2478 -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 LOT SIX, LANDMARK INDUSTRIAL PARK, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR DENNIS BAMBER, INC., D.B.A. THE WOODWIND AND THE BRASSWIND 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 Lot 6, Landmark Industrial Park, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Six (6) as shown on the recorded Plat of Landmark Business Park, Section 3, recorded April 18, 1985 as Document Number 8506870 in the Office of the Recorded of St. Joseph County, Indiana. and which has Key Number 25 1017 060606, 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. REGULAR MEETING JULY 14, 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 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 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 1 i 1 REGULAR MEETING JULY 14, 1997 shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /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 Commission had met on this bill and recommended it to the Council favorable. Dennis Bamber, petitioner, made the presentation for the resolution. He reported they are constructing a $4 million facility in order to put their business under one roof. He indicated they were a mail order music company and we presently have 128 employees. Council Member Coleman made a motion to adopt the resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2479 -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 4085 RALPH JONES DR., AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR APOLLO PRECISION MACHINING, 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 4085 Ralph Jones Dr., South Bend, Indiana, and which is more particularly described as follows: TOLL ROAD INDUSTRIAL PARK SEC LOT 5, 2.37AC and this property has Key Number 25 1013 0223, 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 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 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. REGULAR MEETING JULY 14, 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. 1s/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Borden 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 is planning a major expansion at an estimated cost of $1,143,000, which will allow them to enter into new markets. Council Member Coleman made a motion to adopt this resolution, seconded by REGULAR MEETING Council Member Pfeifer. call vote of nine ayes. JULY 14, 1997 The resolution was adopted by a roll RESOLUTION NO. 2480 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN AGREEMENT RE- ESTABLISHING THE ST. JOSEPH COUNTY HOUSING CONSORTIUM AND AUTHORIZING THE EXECUTION THEREOF WHEREAS, on November 28, 1990, the National Affordable Housing Act (NAHA) of 1990, also known as the Cranston - Gonzales Act, became law, to implement its stated goal that every American family be able to afford a decent home; and WHEREAS, NAHA requires any governmental unit to formulate and submit appropriate plans in order to be eligible to receive funds from several existing federal programs, including Community Development Block Grant funds (CDBG), the HOME Investment Partnership Program (HOME), Emergency Shelter Grants (ESG), as well as to be eligible to receive funds from new housing assistance programs created by NAHA; and WHEREAS, NAHA provides for the designation of geographically contiguous units of general local government to participate as consortia in, and thereby be considered a single unit of general local government for purposes of HOME; and WHEREAS, I.C. 36 -1 -7, the Interlocal Cooperation Act, authorizing one or more governmental entities to exercise, jointly or by one entity on behalf of the others, powers that may be exercised by such units severally; and WHEREAS, pursuant to the Interlocal Cooperation Act, the Cities of South Bend and Mishawaka, and the County of St. Joseph, being contiguous units of general local government have formed the St. Jospeh Housing Consortium, which, by agreement of the member entities, is to terminate on December 31, 1997; and WHEREAS, the Cities of South Bend, Mishawaka, and St. Joseph County are desirous of re- establishing the Consortium for the purposes of receiving an allocation and participating in the HOME, CDBG, ESG, and all other housing programs administered by HUD for which they may be eligible, and for the purpose of cooperating to undertake or to assist in the undertaking of housing assistance activities for HOME and other HUD programs; and WHEREAS, substantially similar resolutions will be approved by the Mishawaka Common Council and the County of St. Joseph County. NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED THE CITY OF SOUTH BEND, INDIANA UNDER I.C. 36 -1 -7, THE INDIANA INTERLOCAL COOPERATION ACT, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section I. That the Common Council of the City of South Bend, Indiana has considered and hereby approves the re- establishment of and participation in the St. Joseph County Housing Consortium for purposes of the formulation, update, submission and implementation of applicable plans and programs and the implementation of the Home Investment Partnerships Program (HOME), Emergency Shelter Grants Programs (ESG) and other housing assistance programs funded by the Department of Housing and Urban Development (HUD) under the National Affordable Housing Act of 1990 (NAHA). Section II. That the Common Council of the City of South Bend, Indiana hereby authorizes the Mayor of the City of South Bend, Indiana to enter into an agreement re- establishing the St. REGULAR MEETING JULY 14. 1997 Joseph County Housing Consortium, in form and substance the same as or similar to that of the Agreement attached hereto. Section III. That the Common Council of the City of South Bend, Indiana hereby confirms its commitment to the goals and the reality of fair housing within the City of South Bend. Section IV. 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 A public hearing was held on the resolution at this time. Beth Leonard, director of Financial & Program Management, made the presentation for the resolution. She indicated the agreement was to redesignate the St. Joseph County Housing Consortium for the next three years. She reported that the Consortium has enable the area toattract over $5.5 million in Federal funds through the HOME program. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Varner. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO, 2481 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DETERMINING AFTER INVESTIGATION THAT THE LEASE OF PROPERTY AT 2202 WEST HURON, SOUTH BEND, INDIANA, FOR USE AS A NEIGHBORHOOD PARTNERSHIP CENTER IS NECESSARY WHEREAS, the Board of Public Works of the City of South Bend, Indiana (Board), on or about June 5, 1997, received a petition ( "Petition ") signed by fifty (50) taxpayers of the City of South Bend requesting that the Board lease the property at 2202 West Huron, South Bend, Indiana as space for a Neighborhood Partnership Center, by entering into a lease agreement with REBS, Inc. for a term of twelve months with a twelve month option to renew upon agreement by the City, with a rental not to exceed six thousand dollars ($6,000.00) in the first twelve month period and if the option renew is exercised by the City, the second term rental shall not exceed Six Thousand Dollars ($6,000.00) and WHEREAS, the Board received on or about June 5, 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 said premises, that the Common Council, determine that the premises are needed and that the lease amount is reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1) That the Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2) That the Common Council is desirous of establishing a neighborhood partnership center in the proposed location in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhood. 3) That the property to be leased at 2202 West Huron, South Bend, Indiana, contains approximately 2,000 square feet of space, REGULAR MEETING JULY 14, 1997 an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended. 4) That on or about June 5, 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 lease the property at 2202 Huron, South Bend, Indiana, as space for a Neighborhood Partnership Center by entering into a lease with REBS, Inc. for a term twelve months with a twelve (12) month option to renew upon agreement by the City, with rental for said premises not to exceed six thousand dollars ($6,000.00) if the option is exercised by the City. 5) That on or about June 5, 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. 6) That on or about June 5, 1997, a proposed lease agreement was filed with the Board of Public Works, a true and complete copy of which is attached hereto and incorporated herein. 7) That having heard all speakers at the presentation and hearing on this Resolution on July 14, 1997, and having taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigation, discussion, 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 lease of property at 2202 West Huron as a Neighborhood Partnership Center, as petitioned by the fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor is needed. 8) This Resolution shall be in full for and effect from and after its adoption by the Common Council and approval by the Mayor. Is/ Roland Kelly Member, South Bend Common Council A public hearing was held on the resolution at this time. Ann Carol Simons, assistant City Attorney, made the presentation for the resolution. She reported this lease for the Northwest Neighborhood Partnership Center will be for a period of one year, with monthly rental not to exceed five hundred dollars ($500). She indicated Lee Cotton, with Planning and Development, had worked very closely with the landlord and the neighborhood center. Lee Cotton, Community and Economic Development , reported that the advisory committee has found this to be an fine facility and want to continue to be at this location. Don Fenley, 423 S. Brookfield, spoke in favor of this location for their Center. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Hosinski. The motion carried on a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 61 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF WEST ANGELA BOULEVARD FROM THE EAST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY WEST OF NORTH LAFAYETTE BOULEVARD TO THE WEST RIGHT -OF -WAY OF WEST ANGELA BOULEVARD FOR A LENGTH OF APPROXIMATELY 665.2 FEET AND A WIDTH OF 7 FEET. PART LOCATED IN PARKOVASH ADDITION TO NAVARRE PLACE, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA REGULAR MEETING JULY 14, 1997 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 July 28, seconded by Council Member Aranowski. The motion carried. BILL NO. 62 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 130 PARK LANE 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 Varner. The motion carried. BILL NO. 63 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF BARTLETT STREET FROM THE EAST RIGHT -OF -WAY OF NORTH MICHIGAN STREET TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH MICHIGAN STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. THIS ALLEY IS SITUATED IN ROCKSTROH'S SECOND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BETWEEN LOTS 8 AND 9; AND ALSO, THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF EAST BARTLETT STREET FROM THE EAST RIGHT - OF -WAY OF THE FIRST NORTH -SOUTH ALLEY TO THE WEST RIGHT -OF -WAY OF NORTH ST. JOSEPH STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN ROCKSTROH'S 2ND ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. THIS ALLEY IS SITUATED IN ROCKSTROH'S SECOND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BETWEEN LOTS 33 AND 34 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 July 28, seconded by Council Member Coleman. The motion carried. BILL NO. 64 -97 A BILL FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 1998, 1999, 2000 AND 2001 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 July 28, seconded by Council Member Hosinski. The motion carried. BILL NO. 65 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST INTERSECTION OF IRONWOOD ROAD AND INWOOD ROAD, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to Area Plan, seconded by Council Member Broden. The motion carried. BILL NO. 66 -97 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3320 PORTAGE AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Pfeifer made a motion to refer this bill to Area Plan, seconded by Council Member Aranowski. The motion carried. BILL NO. 67 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING SEVENTY THOUSAND DOLLARS ($70,000) FROM THE GENERAL FUND I 1 1 REGULAR MEETING JULY 14, 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 July 28, seconded by Council Member Pfeifer. The motion carried. BILL NO. 68 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE REQUIREMENTS FOR THE LICENSING OF SCRAP METAL DEALERS, JUNK DEALERS, RECYCLING OPERATIONS, AND TRANSFER STATIONS 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 July 28, seconded by Council Member Hosinski. The motion carried. BILL NO. 69 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE MUNICIPAL CODE TO DEFINE AN ADULT CARE HOME AND TO CREATE AN EXCEPTION TO THE ZONING DISTRICT REGULATIONS TO ALLOW ADULT CARE HOMES WITHIN ALL DISTRICTS UPON APPROVAL OF THE BOARD OF ZONING APPEALS AND TO PROVIDE FOR LICENSING OF ADULT CARE HOMES This bill had first reading. Council Member Pfeifer made a motion to refer this bill to Area Plan, seconded by Council Member Aranowski. The motion carried. BILL NO. 70 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 22530 BRICK ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to set Bill No. 41 -97 for public hearing and second reading on July 28, seconded by Council Member Pfeifer. The motion carried. There being no unfinished or 7:44 p.m. ATTEST: , ANAP-Gal 710-13WIN further business to come before the Council new, Council Member Kelly adjourned the meeting at ATTEST: President