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HomeMy WebLinkAbout11-24-97 Council Meeting MinutesREGULAR MEETING NOVEMBER 24,1997 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, November 24, 1997, at 7:OO 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 November 10, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the November 10, 1997, meeting be accepted and placed on file, seconded by Council Member Sniadecki. The motion carried. SPECIAL BUSINESS Police Chief Gunn reported on the COP program which is the most exciting innovation the community and the police have taken on together. He indicated they will proceed with additional training for the Police Department. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Broden. 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 7:20 p.m. with nine members present. Chairman Coleman presiding. BILL NO. 96 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS TUTT STREET FROM THE WEST RIGHT -OF -WAY OF SOUTH MICHIGAN STREET TO THE EAST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY WEST OF SOUTH MICHIGAN STREET FOR A DISTANCE OF APPROXIMATELY 103 FEET AND A WIDTH OF 50 FEET. PART LOCATED IN GARST'S 1ST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Richard Nussbaum, City Attorney, indicated that he is a member of the board for the Center for the Homeless. He reported that the Center is in the midst of a new project that was discussed at the last Council meeting in October. He advised that since that time the problems and questions that were raised have been addressed and you have a commitment from the Board and the staff of the Homeless Center that any issues that arise will continue to be addressed. Lou Nanni, director of the center reported that they plan to use the REGULAR MEETING NOVEMBER 24, 1997 DeCoker building to expand their operation. He advised that the center on the average turns away eight families a month due to lack of space, and the proposed expansion will increase the capacity from 145 to 200. He also reported that they plan to build an enclosed corridor from the Center building to the DeCocker building. He advised that they raised about 1.3 million, $160,000 has been committed locally and the other money has come from outside of the community. He informed the Council that they wanted to be the best neighbors they can possibly be, and cooperate with the neighbors. He indicated the church across the street, God's House of Prayer, has 48 parking spaces they are making available to the Center employees during daytime hours. Stan Blenke, assistant vice present of Schafer Gear, indicated they had met with the representatives from the shelter and are now in favor of the street closing. Ben Ziolkowski, Ziolowski Construction, indicated he has made a commitment to the Center to do the construction and renovation at zero profit. Fr. Richard Warner, 200 Fisher Hall, indicated he was representing Father Malloy. He reported that the university is one of the founding members in starting the Center and they will continue their financial commitment so the Center can maintain its national reputation. Jim Lyphout, 104 Early Hall, Notre Dame, reported he was a board member and supported the expansion of the Center. Chris Murphy, 1237 E. Jefferson, spoke in favor of the passage of this bill. Avis Jones, project team coordinator at the Center, indicated the center has helped to change her life. She reported that when she came to the center she was an alcoholic and crack addict, and they helped her overcome her addictions. She asked for support for this bill. Art Leinen, owner of Addograph, indicated he did have compassion for the center and the homeless, however, there is a parking problem. He reported he would like to access the back of his building, for parking, through the DeCocker parking lot. He indicated he had an estimate for a fence of $4,000 and that does not include the electric for the gate. Lou Nanni reported that they have verbally agreed to give - Mr. Leinen access in back of the DeCocker building. Council Member Hosinski made a motion to amend this bill in Section V, by striking "and" before the word "approval" and striking "." after "mayor" and add: , subject to a written easement from CFH to the property owner of lots 107 and 108 to permit access, with the easement agreement being recorded at the petitioner's expense., seconded by Council Member Kelly. The motion carried. Council Member Hosinski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Kelly. The motion carried. BILL NO. 111 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS BROOKMEDE DRIVE FROM THE WEST RIGHT -OF -WAY OF SOUTH IRONWOOD DRIVE TO THE EAST RIGHT -OF -WAY OF EVESHAM COURT FOR A DISTANCE OF APPROXIMATELY 100 FEET IN LENGTH AND A WIDTH OF 60 FEET. PART LOCATED IN TWYCKENHAM HILLS, SECTION "L ", CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Council Member Varner made a motion to continue this bill indefinitely, seconded by Council Member Broden. The motion carried. BILL NO. 100 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF OLIVE ROAD, BETWEEN THE TOLL ROAD AND OLD CLEVELAND ROAD, CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that the Zoning and Ammexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, assistant director of Area REGULAR MEETING NOVEMBER 24, 1997 Plan, made the presentation for the bill. He reported this was an Area Plan initiated bill to give proper zoning for property recently annexed into the City. He advised that the total site to be rezoned is approximately 40 acres, there is wetland on the site. He described the surrounding area which is "D" light industrial, "R" residential and "A" agricultural. He reported that the Area Plan Commission sends this to the Council with a favorable recommendation. Council Member Broden made a motion to recommend this bill to the Council favorable, seconded by Council Member Pfeifer. The motion carried. BILL NO. 101 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REVISE CERTAIN PROVISIONS GOVERNING ABANDONED VEHICLES This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Pfeifer reported that the Public Safety 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 Broden. The motion carried. Kathleen Dempsey, director of Code Enforcement, made the presentation for the bill. She reported this bill amends three things in the abandoned vehicle ordinance: changes the number of days a vehicle can be left on public property from seven to three days; changes the time a vehicle can be left on private property from thirty to twenty -one days; and increases the market value of vehicle from $100 to $500. Council Member Broden made a motion to recommend this bill to the Council favorable, seconded by Council Member Pfeifer. The motion carried. Council Member Hosinski made a motion to combine public hearing on the next two bills, seconded by Council Member Kelly. The motion carried. BILL NO. 102 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8723 -96 TO DECREASE THE APPROPRIATION FOR THE MOTOR VEHICLE HIGHWAY FUND FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1997 AND ENDING DECEMBER 31, 1997 BILL NO. 103 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECREASING THE APPROPRIATION FOR THE MOTOR VEHICLE HIGHWAY FUND FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1998, AND ENDING DECEMBER 31, 1998 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 Coleman reported that the Personnel and Finance Committee had met on these bills and recommended them to the Council favorable. Tom Skarbeck, director of budgeting, made the presentation for the bills. He reported these bills will decrease the appropriation for the Motor Vehicle Highway Fund for the fiscal years 1997 and 1998. He advised this was necessitated by a reduction in the State gasoline tax distribution for 1998. Council Member Kelly made a motion to recommend Bill No. 102 -97 to the Council favorable, seconded by Council Member Aranowski. The motion carried. Council Member Kelly made a motion to recommend Bill No. 103 -97 to the Council favorable, seconded by Council Member Broden. The motion carried. Council Member Kelly made a motion to combine public hearing on bill nos. 104 and 107 -97, seconded by Council Member Hosinski. The motion carried. BILL NO. 104 -97 A BILL TRANSFERRING $30,000 AMONG VARIOUS REGULAR MEETING NOVEMBER 24, 1997 ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT BILL NO. 107 -96 A BILL TRANSFERRING $749,618 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 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 Broden reported that the Community and Economic Development Committee had met on these bills and recommended them to the Council favorable. Beth Leonard, director of Financial & Program Management, made the presentation for the bills. She reported that Bill No. 104 -97 would transfer money from the HD lease /purchase account to HDC REWARD. She reported that Bill No. 107 -97 transferred 1997 moneys in the block grant fund to the 1998 Community Development Block Grant. Council Member Hosinski made a motion to recommend Bill No. 104- 97 to the Council favorable, seconded by Council Member Varner. The motion carried. Council Member Hosinski made a motion to recommend Bill No. 107 -97 to the Council favorable, seconded by Council Member Broden. The motion carried. BILL NO. 105 -97 A BILL APPROPRIATING $130,000.00 WITHIN THE U.D.A.G. FUND OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SUPPORT TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR PROGRAM YEAR 1998 BEGINNING JANUARY 1, 1998 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Broden reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, director of Financial & Program Management, made the presentation for the bills. She reported that this bill would appropriate moneys for administration funding for 1998. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Pfeifer. The motion carried. BILL NO. 106 -97 A BILL APPROPRIATING $492,341 WITHIN FUND 212 FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT FOR PROGRAM YEAR BEGINNING JANUARY 1, 1998 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Broden reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, director of Financial & Program Management, made the presentation for the bills. She reported that this bill would appropriate moneys for administration funding for 1998. Council Member Hosinski made a motion to recommended this bill to the Council favorable, seconded by Council Member Broden. The motion carried. BILL NO. 108 -97 A BILL APPROPRIATING $96,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT EMERGENCY SHELTER GRANTS PROGRAM This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Broden reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, director of Financial & Program Management, made the presentation for the bills. She reported that this bill would appropriate moneys from the Emergency Shelter Grant to assist four local nonprofit REGULAR MEETING NOVEMBER 24, 1997 organizations in providing services to the homeless in our community. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 109 -87 A BILL APPROPRIATING $3,500,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1998 TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Broden reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, director of Financial & Program Management, made the presentation for the bills. She reported that this bill would appropriate moneys for the Block Grant Fund. She advised that public hearing were held in October on the plan and comments made were taken into consideration in developing the final plan. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Pfeifer. The motion carried. 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 8:25 p.m. Council President Kelly presiding, and nine members present. City/C1 Chairman BILLS THIRD READING ORDINANCE NO. 8842 -97 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS TUTT STREET FROM THE WEST RIGHT -OF -WAY OF SOUTH MICHIGAN STREET TO THE EAST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY WEST OF SOUTH MICHIGAN STREET FOR A DISTANCE OF APPROXIMATELY 103 FEET AND A WIDTH OF 50 FEET. PART LOCATED IN GARST'S 1ST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Varner. The motion carried. Council Member Coleman made a motion to pass this bill, as amended, seconded by Council Member Aranowski. The bill passed by a roll call vote of nine ayes. REGULAR MEETING NOVEMBER 24,1997 ORDINANCE NO. 8843 -97 AN ORDINANCE ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF OLIVE ROAD, BETWEEN THE TOLL ROAD AND OLD CLEVELAND ROAD, CITY OF SOUTH BEND, INDIANA 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. 8844 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REVISE CERTAIN PROVISIONS GOVERNING ABANDONED VEHICLES 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 amended, seconded by Council Member Sniadeck by a roll call vote of nine ayes. Coleman made a Committee of the The motion carried. this bill, as L. The bill passed ORDINANCE NO. 8845 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8723 -96 TO DECREASE THE APPROPRIATION FOR THE MOTOR VEHICLE HIGHWAY FUND FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1997 AND ENDING DECEMBER 31, 1997 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. 8846 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECREASING THE APPROPRIATION FOR THE MOTOR VEHICLE HIGHWAY FUND FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1998, AND ENDING DECEMBER 31, 1998 This bill had third reading. Council Member Aranowski made a motion to pass this bill, seconded by Council Member Broden. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8847 -97 AN ORDINANCE TRANSFERRING $30,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Council Member Pfeifer 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. 8848 -97 AN ORDINANCE APPROPRIATING $130,000.00 WITHIN THE U.D.A.G. FUND OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SUPPORT TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR PROGRAM YEAR 1998 BEGINNING JANUARY 1, 1998 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. 8849 -97 AN ORDINANCE APPROPRIATING $492,341 WITHIN FUND 212 FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC REGULAR MEETING _ NOVEMBER 24, 1997 DEVELOPMENT FOR PROGRAM YEAR BEGINNING JANUARY 1, 1998 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. 8850 -97 AN ORDINANCE TRANSFERRING $749,618 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 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. 8851 -97 AN ORDINANCE APPROPRIATING $96,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT EMERGENCY SHELTER GRANTS PROGRAM This bill had third reading. Council Member Pfeifer 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. 8852 -97 AN ORDINANCE APPROPRIATING $3,500,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1998 TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Pfeifer. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2524 -97 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2422 VIRIDIAN DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR JOHN R. AND LAI -LO GOULD 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 north side of Nimtz Parkway, next to 2422 Viridian , South Bend, Indiana, and which is more particularly described as follows: That part of the southeast quarter of Section 28, T. 38 N., R.2 E., City of South Bend, St. Joseph County, Indiana which is described as: Beginning at a point which is the intersection of the west right -of -way line of Bendix Drive and the North line of Viridian Drive which is N. 00002106" W., 771.89 ft. from a point on the south line of said Section which is N. 90000'00" W. (assumed bearing), 40.00 ft. from an iron in a monument box marking the southeast corner of said section; thence around a 40.00 radius curve to the right an arc distance of 72.33 ft. to the end of a chord which bears S REGULAR MEETING NOVEMBER 24, 1997 51046'11" W. and having a distance of 62.87 ft.; thence around a 210.00 ft. radius curve to the right an arc distance of 77.97 ft. to the end of a chord which bears N. 65047120" and having a distance of 77.52 ft.; thence around a 586.97 ft. radius curve to the left an Arc distance of 357.00 ft. to the end of a chord which bears N. 72034135" W. and having a distance of 351.52 ft.; thence S. 90000'00" W., 268.26 ft.; thence N. 00022117" E., 169.87 ft.; Thence N. 69021101" E. 771.91 ft; (771.89 ft., record); thence N. 00002106" E., 152.84 ft.; thence S. 90000'00" W., 125.00 ft.; thence S. 00o02106" E., 264.00 ft.; thence N. 90000'00" E., 125.00 ft.; thence S. 00002'06" E., 123.38 ft. to the point of beginning. Containing 4.92 acres. and which has Key Number 25 1010040804, 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 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 G. That the petition qualifies as a special exception under Section 2 -84 of the South Bend Municipal Code since there is J 1 REGULAR MEETING NOVEMBER 24, 1997 limited access to the property, since the area surrounding the office park is 50% ravine, and since the property adjacent to the office park has caused substantially difficulty for development. 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 three (3) 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 Committee had met on this bill and recommended it to the Council favorable. John Gould, 15755 Saddle Ridge, reported that this requested extension was for the final phase of the project. He thanked the Council for their cooperation in helping him complete the project. Council Member Aranowski made a motion to adopt the resolution, seconded by Council Member Hosinski. The resolution was adopted by roll call vote of nine ayes. RESOLUTION NO.2425 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 408 W. INDIANA AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND FORM TOOL CO., 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 REGULAR MEETING NOVEMBER 24, 1997 Whereas, a Declaratory Resolution designated the area commonly known as 408 W. Indiana, and which is more particularly described as follows: LOTS 55, 56 AND 57 STULL 4TH with said real estate having the following Key No.18 8027 1122, 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 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. Michael Wojtysiak, CPA, made the presentation for the resolution. He reported this company has been in business since 1952, and they specialize in orthopedic, aircraft and compressor precision tooling work. He advised a major expansion was necessary in order for the company to remain competitive. Council Member Aranowski made a motion to adopt this resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of nine ayes. Council Member Hosinski made a motion to combine public hearing on the next two resolutions, seconded by Council Member Coleman. The motion carried. RESOLUTION NO. 2526 -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 515 WEST IRELAND ROAD, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City 1 1 1 REGULAR MEETING of South Bend, requesting that the area West Ireland Rd., South Bend, Indiana, particularly described as follows: NOVEMBER 24, 1997 commonly known as 515 and which is more A parcel of land located in the Southeast Quarter of the Northeast Quarter of Section 26, Township 37 North, Range 2 East, more particularly described as follows: Beginning at a point on the East -West centerline of said Section 26, a distance of 400.00 feet South 90000'00" West (bearing assumed for this survey) of the southeast corner of said Northeast Quarter of Section 26; thence South 90058107" East, along the West line of said Southeast Quarter of the Northeast Quarter, a distance of 996.17 feet to an iron found this survey 314.00 feet South 0058107" West of a stone found this survey which marks the Northwest corner of said Quarter, Quarter Section; thence North 89044'16" East a distance of 1300.60 feet to a point to the East line of said Northeast Quarter 314.00 feet south 10 30'29" West of a stone found this survey which marks the Northeast corner of said Quarter, Quarter Section thence South 1030129" West along the east line of said Northeast Quarter a distance of 602.31 feet; thence South 9000.0'00" West parallel with said East -West centerline a distance of 400.00 feet to an iron found this survey; thence South 1030129" West, parallel with said East line of the Northeast Quarter, a distance of 400.00 feet to the place of beginning. and this property has Key Numbers 23 1013 0758, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et sea., and South. Bend Municipal Code Section 2 -76 et seq.; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2- 76 et sea. and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. 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 REGULAR MEETING NOVEMBER 24, 1997 (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 RESOLUTION NO. 2527 -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 515 WEST IRELAND ROAD, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, INC. 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 515 W. Ireland Rd., South Bend, Indiana, and which is more particularly described as follows: A parcel of land located in the Southeast Quarter of the Northeast Quarter of Section 26, Township 37 North, Range 2 East, more particularly described as follows: Beginning at a point on the East -West centerline of said Section 26, a distance of 400.00 feet South 90000'00" West (bearing assumed for this survey) of the Southeast corner of said Northeast Quarter of Section 26; thence South 90058107" East, along the West line of said Southeast Quarter of the Northeast Quarter, a distance of 996.17 feet to an iron found this survey 314.00 feet South 0058107" West of a stone found this survey which marks the Northwest corner of said Quarter, Quarter Section; thence North 89044116" East a 7 1 REGULAR MEETING NOVEMBER 24, 1997 distance of 1300.60 feet to a point to the East line of said Northeast Quarter 314.00 feet south 10 30'29" West of a stone found this survey which marks the Northeast corner of said Quarter, Quarter Section thence South 1030'29" West along the east line of said Northeast Quarter a distance of 602.31 feet; thence South 90000'00" West parallel with said East -West centerline a distance of 400.00 feet to an iron _ found this survey; thence South 1o30129" West, parallel with said East line of the Northeast Quarter, a distance of 400.00 feet to the place of beginning. and which has Key Number 23 1013 0758 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 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. REGULAR MEETING NOVEMBER 24, 1997 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 -2.5, 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 resolutions at this time. Council Member Broden reported that the Community and Economic Development Committee had met on these resolutions and recommended them to the Council favorable. Michael Kaser, a representative from Lock Joint Tube, made the presentation for the resolution. He advised that over the last several years they have been troubled by a lack of space at their present location. He reported that to continue their growth and address the issues they have purchased the Toro plant and will move all their operations to that location. He indicated this will allow them to expand manufacturing and warehousing. He also advised that they expect an increase of at least ten employees in the first year and thirty to forty in the next three years. Council Member Hosinski made a motion to adopt Resolution No. 2526 -97, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Pfeifer made a motion to adopt Resolution No. 2527 -97, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of nine,ayes. RESOLUTION NO. 2528 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, APPLICATION FOR SECTION 108 LOAN FUNDS WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the applicant for Section 108 loan funds available through the U.S. Department of Housing and Urban Development (HUD). NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City 1 REGULAR MEETING NOVEMBER 24, 1997 of South Bend, Indiana as follows: SECTION I. That the Mayor of the City of South Bend, Indiana is hereby authorized to submit to HUD the 1998 Section 108 Loan application under Title 1 of the Housing and Community Development Act of 1974, as amended, and to take all other necessary actions to secure these funds. SECTION II. That for every activity, project or program to be funded under this Resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any Section 108 loan funds received upon approval of the application. SECTION III. That 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 resolution and recommended it to the Council favorable. Beth Leonard, director of Financial and Program management, made the presentation for the resolution. She reported that this resolution will allow the City to submit an application for Section 108 loan funds to HUD to finance downtown redevelopment activities, expansion of LaSalle park center, and rehabilitation of the Center for the Homeless. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2529 -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 2520 W. CALVERT STREET, AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR VALUE PLUS CONSTRUCTION, INC. FOR THE BENEFIT OF: BEVERLY J. KING WHEREAS, a Statement of Benefits and a petition for real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the areas commonly known as 2520 W. Calvert Street, South Bend, Indiana, and which are more particularly described as follows: 2520 W. Calver- which has tax key number Residentially Distressed Code 6 -1.1 -12.1 et seer., 2 -76 et sea., and; t Lots 228 and 229 Homeland 2nd Addition 18 8103 3877 be designated as Areas under the provisions of Indiana and South Bend Municipal Code Sections 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 sea., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the areas in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the REGULAR MEETING NOVEMBER 24, 1997 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 see ., for tax abatement. SECTION II. The Common Council hereby determines and finds that the areas herein are found to meet state law requirements more particularly set forth in Indiana Code 6- 1.1- 12.1 -2 and the Common Council hereby makes the following additional findings for the areas listed herein: 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 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; OR C. 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. OR D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. B. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. C. That the description of the proposed redevelopment meets the applicable standards for such development. D. That the estimate of the value of the redevelopment is reasonable for projects of this nature; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result,from the proposed described redevelopment; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the areas herein described be designated as Residentially Distressed Areas and hereby adopts a Resolution designating these areas as Residentially Distressed Areas for purposes of real property tax abatement. SECTION VI. The Common Council hereby determines that the REGULAR MEETING NOVEMBER 24, 1997 property owner is qualified for and is granted property tax deduction for a period of five (5) 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. The Common Council further exercises its authority to waive certain compliance requirements of Indiana Code 6 -1.1- 12.1-1 et seq., as permitted by Indiana Code 6 -1.1- 12.1- 11.3(c), to the extent necessary to give effect to this Resolution, with such waiver taking place after public hearing. Without limiting the general scope of this waiver, the Common Council hereby approves Form SB -1 Statement of Benefits and specifically waives the Petitioner's failure to submit said Statement of Benefits to the Common Council before initiating the redevelopment project, in accordance with Indiana Code 6 -1.1- 12.1- 11.3(a)(2). The Common Council further finds that each of the additional findings required pursuant to Indiana Code 6 -1.1- 12.1 -2 have been met, and that the property located at 2520 W. Calvert Street is declared a residentially distressed area. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such properties be designated as residentially distressed areas. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ 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. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Hosinski. The motion carried. Tom Ford, president of Value Plus Construction, made the presentation for the bill. He reported that when they built the home on Calvert it was sold to Beverly King. He informed the Council that Beverly King deserves the abatement. Council Member Broden made a motion to adopt the resolution, as amended, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 113 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 6, ENTITLED TAX ABATEMENT PROCEDURES OF THE SOUTH BEND MUNICIPAL CODE This 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 December 8, seconded by Council Member Pfeifer. The motion carried. BILL NO. 114 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE REGULAR MEETING NOVEMBER 24, 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 December 8, seconded by Council. Member Hosinski. The motion carried. BILL NO, 115 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 7, SECTION 21 -128 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE ZONING OF ANNEXED AREAS This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Verner. The motion carried. BILL NO. 116 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND REGARDING USE OF SURPLUS BOND PROCEEDS AND /OR EARNINGS FROM THE CITY OF SOUTH BEND PARK DISTRICT BONDS OF 1982 This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Personnel and Finance and Parks and Recreation committees, and set it for public hearing and third reading on December 81 seconded by Council Member Aranowski. The motion carried. BILL NO. 117 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING VARIOUS FUNDS OF THE CITY OF SOUTH BEND AND TRANSFERRING THE BALANCES THEREIN TO THE GENERAL FUND OF THE CITY OF SOUTH BEND 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 December 8, seconded by Council Member Varner. The motion carried. BILL NO. 118 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING THE CITY OF SOUTH BEND BARRETT LAW ACCOUNT 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 December 8, seconded by Council Member Aranowski. The motion carried. BILL NO. 119 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CERTAIN MONETARY FRINGE BENEFITS FOR FIREFIGHTERS OF THE CITY OF SOUTH BEND DURING THE CALENDAR YEARS OF 1998, 1999 AND 2000 This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Personnel and Finance and Health and Public Safety committees, and set it for public hearing and third reading on December 8, seconded by Council Member The motion carried. BILL NO. 120 -97 A BILL AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED AMBULANCE /MEDICAL USER FEE AND DEDICATED FUND This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading on December 8, seconded by Council Member Varner. The motion carried. BILL NO. 121 -97 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING NOVEMBER 24, 1997 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. UNFINISHED BUSINESS Council Member Varner made a motion to refer Bill No. 95 -97 to the Zoning and Annexation Committee and set it for public hearing and third reading on December 8, seconded by Council Member Coleman. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victoria, spoke against the Hall of Fame. There being no further business to come before the Council unfinished or new, Council Member Kelly adjourned the meeting at 8:57 p.m. ATTEST: ATTEST: it k 7 President 1