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HomeMy WebLinkAbout09/24/07 Council Meeting MinutesREGULAR MEETING SEPTEMBER 24, 2007 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, September 24, 2007 at 7:00 p.m. The meeting was called to order by Council President Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter Roland "Randy" Kelly Ann Puzzello David Varner Ervin Kuspa Al "Buddy" Kirsits Timothy Rouse Karen L. White 1st District 3rd District 4th District Vice-President 5th District 6th District At-Large At-Large President At-Large Chairperson Committee of the Whole Absent: Charlotte Pfeifer OTHERS PRESENT: 2nd District John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice L Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney 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 September 10, 2007 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember Puzzello made a motion that the minutes of the September 10, 2007 meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS WELCOME BOY SCOUT TROUP # 173 -GRACE UNITED METHODIST CHURCH Council President Timothy Rouse welcomed Boy Scout Troup # 173 from Grace United Methodist Church. He stated that he was honored to have them here tonight and glad to see the future leaders of our community participating at tonight's Council meeting. BILL NO. 07-119 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING MARK O'DELL, A SENIOR AT WASHINGTON HIGH SCHOOL FOR SCORING A PERFECT SCORE ON THE SAT REASONING TEST REGULAR MEETING SEPTEMBER 24, 2007 Councilmember Puzzello made a motion to continue this bill to the October 8, 2007, meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Dieter made a motion to resolve into the Committee of the Whole. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILLS, 44-07; 54-07; 55-07 AND 56-07 (COUNCIL PORTION ONLY BILL NO. 44-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 9 ENTITLED "REGULATIONS ADDRESSING SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS" AND AMENDING OTHER SECTIONS OF CHAPTER 14 RELATED THERETO Councilmember Kirsits made a motion to accept 2nd Substitute Bill 44-07 as amended as on file in the Office of the City Clerk. Councilmember Dieter seconded the motion, which carried by a voice vote of eight (8) ayes. Councilmember Rouse stated that 2nd Substitute Bill 44-07 as amended has a cover sheet with it that shows the amendments, mainly to do with language, he and Councilmember Kirsits feel the bill has been very fluid in nature and the concerns of those that have been participating in the Public Hearing Section have been included into this bill. He urged the Council's favorable recommendation. Councilmember Kirsits stated that there are approximately 17 or 18 changes in the bill. Basically it is the same bill, it just again added Holy Cross College to the committee and made a few other changes that the bill needed to avoid any confusion in applying for a lawn parking permit. He thanked Attorney Dick Nussbaum and Student Body President Liz Brown for the cooperation and input. There is still work that will be needed as times go by, but hopefully, the end result will be more harmony in the neighborhood. Councilmember Puzzello stated that this new bill is what she believes to be the best bill that they have had. There are a few exceptions that she would have liked to see included. She would have like to see a time limit put on individuals who park their cars on lawns. Councilmember Puzzello referred to Council Attorney Kathleen Cekanski-Farrand for the reasoning why the language could not be included. Council Attorney Kathleen Cekanski-Farrand stated that from an enforcement perspective it was in discussion with the administration that since the bill was including a permit process as opposed to a hang tag process that the permits are only good for one day, so that it would be from midnight to the following midnight. Therefore, allowing a much more enforceable bill. REGULAR MEETING SEPTEMBER 24, 2007 Councilmember Puzzello stated that she has a problem with that because people who after the game if they want to leave their car on the lawn and go someplace else and sometimes that place is a place to consume alcohol and then come back to remove their car from the neighborhood after they have had too much to drink. She hoped that before the final design for the permit is made up that the Council would have a change to look at it and make sure that homeowners understand their responsibilities on days that they are parking cars. The enforcement date is already a part of the ordinance and referred to Council Attorney Kathleen Cekanski-Farrand for that information. Council Attorney Kathleen Cekanski-Farrand advised that if the Council goes forward with the bill this evening and Mayor Luecke signs it before the advertising deadline it would published in its entirety and then would go into effect on midnight October 5, 2007. Councilmember Puzzello stated that when the CCAC meets she thinks that it is very important that they report to the Council and the Council gives a report back to the citizens so that a line of communication remain open. She noted that the identity of the sponsor needs to be known when students have parties that there is a way to find to know who is in charge of the party. This has been a problem for the South Bend Police Department for a long time, when they try to give a ticket, they have a very difficult time in a group of drunks, finding out who the sponsor of the party is. Through the administrative work with Notre Dame and whatever goes on, she hopes that they can find the sponsor of the party. Councilmember Puzzello stated that these are the ideas that she would like to see addressed. She believes that this bill is as good as it can get for now. As far as for both student and neighbors are concerned, she thinks there will be much less raucous with the new understanding of this bill. She stated that by working with Notre Dame and the City and all the partners, she hopes this will be an improvement for lawn parking because there are more responsibilities for people who park cars and she thinks that this is a good thing. Councilmember Varner stated that as long as everyone goes forward excepting the fact that this is about responsibility and not retribution because he thinks that from the first moment certain segments felt that they had been picked upon or singled out, they want to apply this to any circumstance where a party is out of control and as far as the lawn parking is concerned he fully respects the right of person to utilize their property in a reasonable fashion and under certain circumstances but he also respects the right of the neighbors who have some sort of action in the event that someone does damage their property. In that instance this is about responsibility not about retribution and if everybody keeps that in mind, the believes that this can work quite well and thinks that everybody can walk away from it feeling good about it and feeling acceptance of the notion that it is a win for everybody, wouldn't that be nice. Councilmember Rouse stated that he appreciates the comments from all the Councilmember's. One of the functions of the CCAC is that the document is fluid, the process is fluid, those concerns are best addressed when they are coming together collaborating in apro-active way to address the concerns of all of the community. He feels that they have best designed statutory documents but at the same time the willpower lies within those who shall be participating in the process and we are very confident that those concerns timeline on parking can best be addressed with the coalition. He noted that they addressed the mayor's concern about the public access but only after the commission reports back to the Council in a full public hearing. He thanked the Council and all the people who have participated in the many public hearings very deligently. Councilmember White thanked the Council Attorney, City Administration, the University of Notre Dame and all of the other partners who participated atone time appeared to be a very painful process. She is very grateful that as a Council took the time to work out as many of the concerns as possible and she believes that they have a very good ordinance here tonight and as they continued to work collaboratively together and will continue to foster the type of working environment and also the type of City that everyone wants to live in and work proactively with all of the students including the University of Notre REGULAR MEETING SEPTEMBER 24, 2007 Dame. She again thanked the co-sponsors Councilmember Rouse and Kirsits for their efforts. Councilmember Kuspa stated that there has been a lot hard work that has gone into this bill. He noted that South Bend is a very collegiate town, with Notre Dame; St. Mary's, Holy Cross, IUSB, Ivy Tech, Brown Mackie etc., all being in the near vicinity. Councilmember Kuspa stated that this bill is not enforceable. He stated that lawn parking is banned in all districts of the City and not being enforced. He stated that he understands that there is a need for parking during the seven (7) Notre Dame homes games during the year, and that there could be some exception made for that. He noted that there is a disorderly house ordinance already on the books and that bill is not being enforced as it should. Councilmember Kuspa stated that parties are going to be held and those people hosting those parties are not going to register with the City. He reiterated that this bill has had a lot of hard work put into it, and as much as he appreciates everyone's diligence on this bill, it cannot be enforced. Councilmember Kuspa stated that he will not be voting in favor of this bill. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this 2nd Substitute Bill as amended. Councilmember Kirsits seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Rouse excused himself from the Council Meeting. BILL NO. 54-07 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2006 Councilmember Varner, Vice-Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 55-07 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Varner made a motion to amend this bill as on file with the Office of the City Clerk. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Varner noted that these last changes that have come before the Council as late as this afternoon are on file in the Office of the City Clerk for anyone who would like to see the detail. Councilmember Varner, Vice-Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this amended bill as on file with Office of the City Clerk and sends it to the full Council with a favorable recommendation. REGULAR MEETING SEPTEMBER 24, 2007 Councilmember Varner stated that the Committee meeting held last Thursday, by the South Bend Police Department regarding their budget generated concern from people employed by the Police Department. They were concerned about the elimination of positions and in fact it was their very own positions that were being eliminated and they feared that there could be some retribution involved. Councilmember Varner stated that the Council sent a letter to Mayor Luecke, and he has decided to leave those positions as submitted. There was some concern about retribution and perhaps some legal action if necessary being considered, and at that point and time, it sent a flag to the Councilmember'sthct they should be aware of situations like this on an on-going basis as things develop. He hopes that they don't but in fact if they do develop and goes forward as amended, that the Council would want to remain a portion of at least that discussion. He has a feeling that this is not going away any time soon, and that it is the Council responsibility with regards to a potential lawsuit. Councilmember Dieter reiterated that the Council just received the Mayor's letter today. For the record these are the two positions that the people came to the Committee Meeting specifically with questions about the elimination of the civilian position and the civilianization of the Records Bureau Captain. He stated that these were the two positions that were cited that night. He thinks that the letter the Council sent out should have listed those specific jobs, just to clarify it for the record, from what was received back from the Mayor today. Those two positions are what the Council is questioning and will follow up at a later date with information received from these two employees or any other employees. Mayor Luecke stated that obviously when people come to the podium they can say anything that they want. He does not expect any retribution for people speaking before the Council. As he recalls Captain Marciniak said that he had contemplated civilianizing his position a number of years ago, so he was not opposed to the action. What he was complaining about was that he had not been notified ahead of time. Regrettably, Chief Fautz was not aware that the administration was posting the budget online, he felt that he did not want to stir people up about their jobs until the Council was going to take action and so he did not confer with these employees but not out of any mean spirit it was just that he felt it appropriate for the Council to hear the position first and to take action on that before he would inform them, so as was said that there won't be an retribution here, and again the elimination of one civilian position does allow the creation of another civilian position in the evidence area to make sure that they are able to keep up with cataloging all of the evidence and making sure that they have full accounting for that which is an important position for them. Councilmember White stated that she would like to monitor the issues and concerns that were expressed not only at today's committee meeting but also during the budget hearing process. She wanted to make sure that was the feeling of the other Councihnember's and make those particular issues and concerns known as well as the Council begins to take action on this particular bill. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as amended. Councilmember Kirsits seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 56-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT REGULAR MEETING SEPTEMBER 24, 2007 Councilmember Varner, Vice-Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of seven (7) ayes. Mayor Luecke, 14a` Floor County-City Building, South Bend, Indiana, thanked the Council for the diligence that they have given in reviewing this budget. The City Budget is a complicated document that sets the blueprint for expenditures for next year. It really sets the City's priorities for expenditures for the coming year and as continues to be the case has had been the case ever since he has been Mayor and probably ever since the City was founded, public safety remains the number priority in terms of funding for the City of South Bend. In addition, to funding police and fire this budget funds, the parks, utilities, services provided to this community and it funds them in a very fair and equitable manner and he is proud to say despite the pressures that have been placed on communities all across the state, the City of South Bend has been able to maintain a strong budget and have been able to continue to budget for reserve that are important for the City in terms of both cash flow and bond rating and the ability to sustain unexpected expenses such as having to borrow money because the tax payments have not come in yet or in the event of a severe blizzard in the winter having dollars available to pay overtime to clear the streets. He stated that this budget is a sound budget, it's a solid budget, it does not budget for the maximum dollars that the City could levy for out of property taxes. That is that they holding the property taxes a million and half dollars below what they could in order to be respectful to the taxpayers. It also attempts to hold the property tax rate even, anticipating a 2% growth in assessed value for next year. He stated that they are trying to resourceful and trying to provide additional services with fewer people, this budget does reduce the number of positions across several different departments and brings to 95 the total number of positions that have been reduced out of City employment since the year 2000. But it continues to provide full services to the community as they have come to expect from the City of South Bend. Councilmember Varner stated that this may seem like it is happening rather fast, but before the Council is done this evening they will levy taxes, approve grants, approve loans, and basically authorize the spending of approximately 187 million dollars. That is for the entire City of South Bend and is something that has led to a dozen or so meetings that have been held over the past month or so. There have been a number of agreements and disagreements, and a few remain, but he thinks that most people would appreciate the fact that the levy will be held at 2% because it could have been set at 3.6% or 4%. This is one small step in their effort to get property taxes which have been rather high in this area in the range where we are competitive with other communities. He stated that he would like to do is to appeal to people sitting out here tonight to spend a little more time attending these meetings as well as the budget meetings. As they begin next year, they are advertised and the Council will alert the public when they will begin so they can clear their schedules to attend. This budget is a lot of money but for the most part responsibly spent, but he stated that he cringes a little bit every time he talks about 185, 187, or next year 201 million dollars. He wishes that more people had he same concern and expressed their interest it could be a better budget, if there were more public participation. BILL NO. 40-07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED BETWEEN 3466 AND 17210 DOUGLAS ROAD AND SOUTH OF 17210 AND 17242 DOUGLAS ROAD AND APPROXIMATELY 1,000 FEET EAST OF S.R. 23, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING SEPTEMBER 24, 2007 Councilmember Puzzello made a motion to continue this bill until the October 8, 2007, meeting of the Council at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 60-07 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY, THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF DALE STREET, FROM DAYTON STREET TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 153.5 FEET AND A WIDTH OF 14 FEET Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Domingo Flores, Jr., 901 E. Dayton Street, South Bend, Indiana, made the presentation for this bill. Mr. Flores stated that the purpose of the vacation is to consolidate the two properties that he owns. He stated that it would prevent trash from getting thrown on a daily basis and make it a safe place for his children to play. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 58-07 PUBLIC HEARING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2008 Councilmember Varner made a motion to amend this bill as on file in the Office of the City Clerk. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Varner, Vice-Chairperson, Personnel & Finance Committee, reported that this committee held a meeting this afternoon and sends it to the full Council with a favorable recommendation with the amended detail. Ms. Catherine Fanello, Controller, 12~` Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Fanello advised that the amended version of the bill is on file with the Office of the City Clerk and she would be happy to answer any questions that the Council might have. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation as amended and on file in the Office of the City Clerk. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. REGULAR MEETING SEPTEMBER 24, 2007 BILL NO. 62-07 PUBLIC HEARING ON A BILL FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2008 Councilmember Varner, Vice-Chairperson, Personnel and Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Ms. Catherine Fanello, Controller, 12~` Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Fanello stated that this is a very simple ordinance and noted that they will be amending this bill at a later date to include two other years. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. RISE AND REPORT Councilmember Kuspa made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. ATTEST: ATTEST: John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole 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 7:40 p.m. Council Vice-President Ann Puzzello presided with seven (7) members present. BILLS, THIRD READING ORDINANCE NO. 9785-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 9 ENTITLED "REGULATIONS ADDRESSING SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS" AND AMENDING OTHER SECTIONS OF CHAPTER 14 RELATED THERETO REGULAR MEETING SEPTEMBER 24, 2007 This bill had third reading. Councilmember Varner made a motion to amend this bill as in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes and one (1) nay (Councilmember Kuspa). Councilmember Kirsits made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes and one (1) nay (Councilmember Kuspa) ORDINANCE NO. 9786-07 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9787-07 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Councilmember Varner made a motion to amend this bill as in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Dieter made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9788-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT REGULAR MEETING SEPTEMBER 24, 2007 This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9789-07 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY, THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF DALE STREET, FROM DAYTON STREET TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 153.5 FEET AND A WIDTH OF 14 FEET This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9790-07 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2008 This bill had third reading. Councilmember Dieter made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Dieter made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9791-07 AN ORDINANCE FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2008 This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. RESOLUTIONS RESOLUTION NO. 3787-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE UNITED STATES ATTORNEY NORTHERN DISTRICT OF INDIANA, TO SUBMIT AN APPLICATION FOR WEED AND SEED OFFICIAL RECOGNITION TO THE UNITED STATES DEPARTMENT OF JUSTICE ON BEHALF OF THE WEE AND SEED STEERING COMMITTEE, THE MAYOR OF SOUTH BEND, AND THE ST. JOSEPH COUNTY PROSECUTOR WHEREAS, the Congress of the United States of America, through Public Law 106-553, has established the Weed and Seed Program, administered by the U. S. Department of Justice (DOJ), allowing communities to achieve "Official Recognition" as Weed and Seed areas, and entitling those communities which are so recognized with certain benefits (as provided by law), from time to time; and 10 REGULAR MEETING SEPTEMBER 24, 2007 WHEREAS, the vision of the Weed and Seed strategy is twofold, being, 1) that law enforcement agencies and criminal justice officials cooperate to "weed out" criminals who are violent or abuse drugs to prevent them from victimizing residents in the designated area, and 2) that social services and economic revitalization are brought in to "seed" the area to ensure long-term change and a higher quality of life for residents; and WHEREAS, a community process has been set in motion which complies with the requirements set forth by the DOJ, including the creation of a Weed and Seed Steering Committee composed of persons representing the City of South Bend, the St. Joseph County Prosecutor, the United States Attomey Northern District of Indiana, the United States Drug Enforcement Agency, nonprofit and social service organizations and community residents; and WHEREAS, the Weed and Seed Steering Committee, with staff support from the City of South Bend, has agreed upon an area within South Bend which the Steering Committee would like to see officially recognized by the DOJ as a designated Weed & Seed Target Area, and WHEREAS, the Weed and Seed Steering Committee, with staff support from the City of South Bend, has developed general goals and objectives as part of acommunity- based, multi-year plan; and WHEREAS, the application to the DOJ for Official Recognition represents the collaboration and commitment of many organizations from the public, private and nonprofit sectors, to work together to improve the quality of life for the residents of the designated area in particular, as well as the residents throughout the entire city; and WHEREAS, the Weed and Seed Steering Committee has approved the Weed and Seed application at a Steering Committee meeting held on September 20, 2007. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section L The Common Council of the City of South Bend hereby accepts, approves, and gives its full support to the Application to the Department of Justice for Weed and Seed "Official Recognition", and it further authorizes the United States Attorney for the Northern District of Indiana to submit this Application to the Department of Justice. Section IL 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/Ann Puzzello Member of the Common Council RESOLUTION NO. 3788-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 218, 222, 224, 228, 231 SOUTH NOTRE DAME AVENUE AND 827 EAST WAYNE STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP 11 REGULAR MEETING SEPTEMBER 24, 2007 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 purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 219, 222, 224, 228, 231 South Notre Dame Avenue and 827 East Wayne Street, South Bend, Indiana, and which is more particularly described as follows: Parcel 1: A lot or parcel of land described as follows: Commencing at the southeast corner of Lot three hundred thirty four (334) in Samuel L. Cottrell's first addition to the town of Lowell, now a part of the city of South Bend, thence running west on the south line of said lot, 82 1/2 feet: thence north 33 feet; thence east 82 '/z feet to the east line of said lot, thence south 33 feet to the place of beginning. (Tax ID #18- 6003-0074) Also the east''/z of the lot numbered three hundred thirty-five (335) in Samuel L. Cottrell's first addition to the town of Lowell, now a part of the city of South Bend, recorded May 4, 1860 in the office of the recorder of St. Joseph County, Indiana, in Plat Book 1, Page 49. (Tax ID # 18-6003-0075) Parcel IL The south half (1/2) of lot numbered three hundred thirty three (333) as shown on the recorded plat of Samuel L. Cottrell's first addition to the town of Lowell, now city of South Bend, Indiana (Tax ID # 18-6003-0070) Parcel III: The north half of lot numbered three hundred thirty four (334) as shown on the recorded plat of Samuel L. Cottrell's addition, also known as Samuel L. Cottrell's First addition , to the town of Lowell, now a part of the City of South Bend, in St. Joseph County, Indiana (Tax ID # 18-6003-0071). Parcel IV The north half of lot numbered five as shown on the recorded plat of Adam Barman's subdivision of large lot numbered twenty-one in Samuel L. Cottrell's First addition to the town of Lowell, now a part of the City of South Bend (Tax ID # 18-6007-0172). Parcel V: The south half of lot numbered four (4) in Adam Barman's subdivision of large lot numbered twenty-one in Samuel L. Cottrell's fast addition to the town of Lowell, now a part of the City of South Bend, excepting there from a lot or parcel of land 42 '/z feet in width, east and west, taken off of and from the entire width of the east and thereof. (Tax ID # 18-6007-0170). Parcel VL Part of lot numbered four (4) as shown on the recorded plat of Adam Barman's subdivision of large lot numbered twenty-one in Samuel L. Cottrell's first addition to the town of Lowell, now a part of the city of South Bend, in St. Joseph County, Indiana, described as beginning at the northwest corner of said lot numbered 4; running thence east 122.5 feet; thence south 33 feet; thence west 122.5 feet; thence south 33 feet; thence west 122.5 feet to the east line of Notre Dame Avenue in the city of South Bend ;thence north along the east line of Notre Dame Avenue, 33 feet to the place of beginning. (Tax ID # 18-6007-0169). Parcel VII: A lot or parcel of land forty -two and one half (42 ''/z) feet in width, east and west, taken off and from the entire width of the east end of lot numbered four (4) as shown on the recorded plat of Adam Barman's subdivision of large lot numbered 12 REGULAR MEETING SEPTEMBER 24, 2007 twenty-one (21) in Samuel L. Cottrell's first addition to the town of Lowell, now a part of the city of South Bend, (Tax ID # 18-6007-0171). Parcel VIII: The north one half of lot numbered three hundred thirty three (333) as shown on the recorded plat of Samuel L. Cottrell's addition to the town of Lowell, now within and part of the city of South Bend, together with the south one half of the vacated alley lying north and adjacent to said lot numbered three hundred thirty three (333). (Tax ID # 18-6003-0069). and this property has Tax Key Numbers as shown above, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et sea., and South Bend Municipal Code Sections 2-76 et seq., 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 remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION IL The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: 13 REGULAR MEETING SEPTEMBER 24, 2007 A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of 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 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 VL This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council BILL NO. 07-122 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND IN THE AIRPORT DEVELOPMENT AREA AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR OLIVE CLEVELAND PARTNERS LLC BILL NO. 07-80 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 202 SOUTH MICHIGAN STREET FLOORS 1,2,4,5,9 AND 11 TO 14 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE-YEAR REAL PROPERTY TAX ABATEMENT FOR KEY SB, LLC, THE HINMAN COMPANY Councilmember Varner made a motion to continue Bill Nos. 07-122 and 07-80 until the October 8, 2007, meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. 14 REGULAR MEETING RESOLUTION NO. 3789-07 SEPTEMBER 24, 2007 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5855 CARBONMILL DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR GWSB PROPERTIES LLC 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 5855 Carbonmill Drive, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered One (1) as shown on the recorded Plat of U. S. 31 Industrial Park, Phase II, recorded October 9, 2001 as Document Number 0150153 in the Office of the Recorder of St. Joseph County, Indiana and which has Key Number Number 25-1009-015210, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's 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 L The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION IL The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (6) six years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council 15 REGULAR MEETING SEPTEMBER 24, 2007 Mr. Mike Kahn, 5855 Carbonmill Drive, South Bend, Indiana, made the presentation for this bill. Mr. Kahn advised that Corporate Services, Inc., the lessee, performs marketing services including printing packaging, assembly, warehousing and distribution. The owners of the project, GWSB Properties, LLC intend to add mechanical equipment to provide temperature and humidity control to the entire operation. Due to the types of materials which Corporate Services, Inc. stores and handles for their current and prospective clients, humidity control is a contractual requirement to obtaining and keeping their business. Without it, they cannot operate in that facility. The estimated dollar value of the project is $300,000 to $500,000. Mr. Kahn estimated that the redevelopment and rehabilitation project will create eighteen full-time permanent jobs within the first year, representing a new annual payroll of $465,000 and will maintain six (6) existing permanent full-time jobs with an annual payroll of $156,000. Of the existing jobs, five full time positions are held by minorities. The payroll numbers do not include benefits, for which all employees have eligibility. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 3790-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 840 UNITED DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR PROPERTY TAX ABATEMENT FOR NELSON DEE, LLC 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 five acres adjacent to 840 United Drive, South Bend, Indiana, and which is more particularly described as follows: That part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, which is described as Lot No. 2 of the Plat of "United Major Subdivision" as recorded in Document No. 0522221 in the Records of St. Joseph County Recorder's Office. and which has Key Number 18-3046-1772, as an Economic Revitalization Area, and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. 16 REGULAR MEETING SEPTEMBER 24, 2007 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION IL The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (9) nine years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et sea. SECTION III. The Common Council hereby determines that should the Company receive the Enterprise Zone Investment Deduction under LC. 6-1.1-45 for the same property, this Tax Abatement designation shall become null and void. The Company may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under LC. 6-1.1-45 for the same property. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Len Nelson, President, United Beverage, 840 United Drive, South Bend, Indiana, made the presentation for this bill. Mr. Nelson advised that United Beverage has been a beer wholesaler for 75 years. They have been at their current location for 40 years and they have put on several additions. The beer business has been transitioning from cans to bottles which has crated the need for more warehouse space. They intent to purchase five acres which are contiguous to their site. This will allow them to move their parking lot and also to construct an additiona115,000 square feet of warehouse space. They also intend to remodel their current warehouse. These efficiencies will allow them to compete more effectively. United Beverage receives beer on a daily basis, and it must be stored in a temperature controlled environment until it is delivered to their accounts. They currently distribute Anheuser Busch, Corona, and Heineken as their main product lines. Mr. Nelson advised that they supply beer to over 750 accounts in St. Joseph, Elkhart, and LaPorte counties. The estimated dollar value of the project is $2,500,000. Mr. Nelson estimated that the total project will create five (5) to seven (7) new, permanent, full-time jobs over the next five years. The project will also maintain sixty-three (63) existing, permanent, full-time jobs and seven (7) existing, permanent, part-time jobs representing an annual payroll of $3,200,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILL NO. 07-105 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN 17 REGULAR MEETING SEPTEMBER 24, 2007 AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 TUCKER DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC BILL NO. 07-106 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 RIVERSIDE DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC BILL NO. 07-107 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1217 AND 1215 SOUTH WALNUT STREET, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC Councilmember Varner made a motion to combine Bill Nos. 07-105; 07-106 and 07-107 for purposes of Public Hearing. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. RESOLUTION NO. 3791-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 TUCKER DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC 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 2722 Tucker Drive, South Bend, Indiana, and which is more particularly described as follows: The following parcels of Real Estate all located in St. Joseph County, Indiana: 18 REGULAR MEETING SEPTEMBER 24, 2007 A part of the South''/z of the Northwest'/a of Section 15, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the East line of the Southwest'/4 of the Northwest'/4 of said Section 15, 580.64 feet South of the Northeast corner of said Southwest'/4 of the Northwest'/4, said point being 172.0 feet North of the North right of way line of the Indiana Northern Railway Company; thence Westerly parallel with said North right-of- way line 565 feet to the Southwest corner of a tract of land conveyed to Stanley Enterprise, Inc. By a deed recorded October 16, 1993 in Deed Record 777, page 226; thence North along the West line of said Stanley Enterprises, inc. tract, said line being parallel with the East line of said Southwest'/4 of the Northwest'/4, 323.0 feet to the South line of Tucker Drive; thence West along the South line of Tucker Drive 215.93 feet; thence Southparallel with said East line of the Southwest'/4 of the Northwest'/4, 495.90 feet to the North right-of--way line of the Indiana Northern Railway Company; thence Easterly along said North right=of--way line, 860.23 feet to the West edge of Steel Warehouse Co. Inds building; thence North along said West edge of building, 172.0 feet; thence Westerly parallel with the North right-of--way line of the Indiana Northern Railway Company, 79.3 feet to the point of beginning, containing 5.0 acres, more or less. A part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest Quarter of the Northwest Quarter, 324.25 feet to a point 172 feet North of the North line of the right-of--way of the Indiana Northern Railway Company; thence East parallel with said North line of said right-of- way, 540 feet; thence North parallel with the East line of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. A tract of land in the West Half (1/2) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty-seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (1/4) of said Section Fifteen(15); thence South along the North and South center line of said Quarter Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West along said North line to the West line of said Section Fifteen (15); thence North along said West line One Hundred Twenty-eight and One Tenth (128.1) feet, more or less, to a line Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right-of--way; thence Northeasterly parallel to the Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right-of--way, Seven Hundred Twenty-seven and One One-Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the Northwest quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence Southerly along said East line One Hundred Ninety-nine and Eighty-six Hundredths (199.86) feet, more or less, to the South line of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence East along said South line Six Hundred Sixty-three and fifty-two hundredths (663.52) feet, more or less, to the place of beginning, excepting Thirty (30) feet off the East side thereof for purposes of a public highway. A lot or parcel of land situated in the Northwest quarter of Section 15, Township 37 North, Range 2 East, now within and a part of the City of south Bend, bounded by a line running as follows, to -wit: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter of said Section 15,600 feet West of the Northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 15; thence running West along said North line a distance 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence South a distance 220 feet, more or less, to the North line of a 40 foot road known as Tucker Drive; thence East along the 19 REGULAR MEETING SEPTEMBER 24, 2007 North line of said roadway to a point due South of the place of beginning; thence North to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately South of the above described real estate known as Tucker Drive, and extending Eastward to Olive Street. Part of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty-seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, described as beginning at a point 260 feet South of the Northwest corner of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section fifteen (15); thence South 492.9 feet to the North line of the right-of--way of the Indiana Northern Railroad; thence East along the said North line of the right-of--way of the Indiana Northern Railroad 305 feet; thence North 492.9 feet; thence West 305 feet to the place of beginning. Together with aright-of--way over a 40 foot roadway North of and adjoining the aforedescribed tract, and continuing Easterly to Olive Street, which said 40 foot roadway is now commonly known as Tucker Drive in said City of South Bend. The East Half of the South East Quarter of the North East Quarter of Section No. 16, Township No. 37 North, Range No. 2 East, containing 20 acres, more or less, and being Lot No. 16 in the Sub-division of said Section No. 16, and now within a part of the City of South Bend, excepting there from the following: The original right-of--way across, the North West corner heretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by Warranty Deed dated August 21, 1894 and recorded in Deed Record 95, page 553, of the records of St. Joseph County, Indiana, and excepting second the following: Beginning at a point on the West line of said Lot Numbered 16, where the same is intersected by the South Easterly line of said original right-of--way, thence running South on the west line of Lot Numbered 16, 219 feet, more or less, to a point distance 250 feet by rectangular measurement from the original center line of said right-of--way; thence North Easterly parallel with and 205 feet distant by rectangular measurement from the original center line of said right-of--way a distance of 733.3 feet, more or less, to a point on the East line of said Section No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No 16; thence West along the North line of said Lot No. 16, a distance 254.5 feet, more or less, to the intersection with the said Easterly line of said original right-of- way; thence South Westerly with said Easterly line a distance 454.5 feet, more or less, to the place of beginning, containing 3.04 acres, more or less; excepting third, all that part of said lot no. 16 which lies South of the North line of the right-of--way of the St. Joseph, South Bend and Southern Railroad Company, excepting fourth, a strip of land 70 feet wide North and South lying next north of and adjoining the right-of--way of the St. Joseph, South Bend and Southern Railroad Company; excepting further that a strip of 40 feet in width, North and South, and being a extension of Tucker Drive, shall be established through the Northerly part of said tract and dedicated to the public as a highway, which said extension shall extend to the right-of--way of the New York Central Railroad Company. All that part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East, described as follows: Beginning at a point 260 feet South and 330 feet West of the Northeast corner of the said Southwest Quarter of the Northwest Quarter; thence West 996.08 feet to the West line of said section; thence South 498.35 feet to the North line of the right-of--way of the Indiana Northern Railway Company; thence Easterly along the said Northerly line of said Indiana Northern Railway Company a distance of 996.08 feet, more or less, to a point on the Northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence North to the place of beginning. Beginning in the center line of Olive Street in said City at a point Seven Hundred Eighteen and twenty-five hundredths (718.25) feet South of the North line of said Section 20 REGULAR MEETING SEPTEMBER 24, 2007 No. 15, said point of beginning being on the Southerly line of a strip of land fifty(50) feet wide reserved for the right of way of the Indiana Northern Railroad Company thence running South on the center line of Olive Street, a distance of Six Hundred Eight and fifteen-hundredths (608.15) feet to the South east corner of said North East quarter of the North West quarter of Section No. 15; thence running West on said South line, a distance of Thirteen Hundred twenty-seven (1327) feet to the West line of said quarter Section, thence North on said West line, a distance of Four Hundred Ninety-three and four hundredths (493.04) feet to the Southerly line of said parcel deeded by said Grantors to the New York Central Railway Company; thence North Easterly along the Southerly line of said last named parcel to a point on the South line or the right of way of the Indiana Northern Railroad Company due West of the place of beginning: thence East ten hundred Fifty-seven and Thirteen-hundredths (1057.13) feet, more or less, to the place of beginning and containing Seventeen and seven hundred Sixty-one thousandths (17.761) acres, exclusive of Olive Street. All that part of the East Half of the North West Quarter of the North West Quarter of Section No. 15, Township No. 37 North, Range No. 2 East, that lies South of the right- of-way of the Indiana, Illinois, and Iowa Railroad Company (now New York Central Railroad), now within and a part of the City of South Bend; excepting there from a lot or parcel of land bounded as follows: Beginning at the intersection of the South Easterly line of said right-of--way and the East line of the East Half of the Northwest Quarter of the North West Quarter of said Section No. 15, thence running South Westerly along the South Easterly line of said right-of--way to the West line of the East Half of the North West Quarter of the North West Quarter of said Section; thence running South 219 feet, more or less, to a point thence North Easterly parallel with and 219 feet South of the Southerly line of said right- of-way to the East line of the East Half of the North West Quarter of the North West Quarter of said Section No. 15; thence North 219 feet, more or less, to the place of beginning. and which have Key Numbers 18-8075-2838, 18-8075-2839, 18-8075-2843, 18-8075- 2844.03, 18-8075-2844.04, 18-8075-2844.06, 18-8075-2845.01, 18-8075-2845.02, 18- 8075-2845.03, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, 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 remonstrance's 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 L 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 IL 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 et seq. 21 REGULAR MEETING SEPTEMBER 24, 2007 SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council RESOLUTION NO. 3792-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 RIVERSIDE DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC 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 1400 Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Beginning at the Southeast corner of the Southwest'/4 of said, section 35; thence South 89 49'52" West (bearing assumed) along the South line of said section, 308.97 feet; thence North 89 55'00" West, 116.24 feet; thence North 00 00'27" West, 12.00 feet to the North line of a 12 foot alley; thence North 89 55'00" West along said North line of alley, the East line of Kessler Boulevard, 128.00 feet South 89 55' 18" East of the Northeast addition to the City of South Bend recorded Apri16, 1906 in Plat Book 0, pages 30 and 31; thence South 89 55' 18" East along the South line of King Street, 352.84 feet; thence North 00 00'27" West, 194.85 feet to a point the centerline of the East and West 14 foot alley between King Street and McCartney Street produced East; thence North 00 06'09" East, 128.81 feet; thence North 89 46'49" East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37' 15" West along a chord subtending said Westerly line of Riverside Drive, 455.43 feet to the South line said section 35; thence North 90 00'00" West along said South line, 156.71 feet to the point of the beginning. Commencing at the Southeast corner of the '/4 of said section 35; thence North 00 00'30" West (bearing assumed) along the East line of said Southwest 1/4 a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing North 00 00'30" West along said East line 336.00 feet to the South line of Queen Street; thence south 89 56'09" West along said South line of Queen Street 176.60 feet, thence North 00 02'36" Est. 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street and Queen Street; thence South 89 56'09" West along said centerline of alley, 131.27 feet; thence South 00 06'09" West along the East line of Lot 145 in the Third Plot of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. Joseph County Recorder and its Northerly and Southerly extensions, 195.00 feet to the South line of Queen Street thence South 89 56'09" West along Allen Street; thence South 00 05'51" West along said East line of Allen Street, 329.87 feet to the South line of McCartney Street; thence South 89 58'27" East along said South line of McCartney Street, 12.91 feet; thence South 00 06'09" West 6.11 feet; thence North 89 56'09" East 308.71 feet to the Point of beginning. and which have Key Numbers 18-2110-4065 and 18-2110-4067, as an Economic Revitalization Area, and 22 REGULAR MEETING SEPTEMBER 24, 2007 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 remonstrance's 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 L 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 IL 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 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council RESOLUTION NO. 3793-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1217 AND 1215 SOUTH WALNUT STREET, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC 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 1217 and 1215 South Walnut Street, South Bend, Indiana, and which is more particularly described as follows: A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest Quarter of Section 14, and the Northeast Quarter of Section 15, Township 37 North, Range 2 East, bounded by the following described line: Beginning at a point in the West line of Walnut Street, 1239.70 feet South of the South line of Sample Street, which point is 587.95 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, page 428 and Deed Record 121, page 320; thence on an assumed bearing of South 0 00'49" East along 23 REGULAR MEETING SEPTEMBER 24, 2007 said West line of Walnut Street, 479.91 feet; thence South 89 54' 12" West, 725.03 feet; thence South 61 54' 12" West, 42.91 feet; thence South 89 23'32" West 437.13 feet; thence North 0 00'49" West parallel with said West line of Walnut Street, 504.26 feet; thence North 89 55'05" East, 1200 feet to the place of beginning. A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest'/4 of Section 14, and the Northeast'/4 of Section 15, Township 37 North, Range 2 East, bounded by the following described line: Beginning at a point in the West line of Walnut Street, 682.75 feet south of the South line of Sample Street, which point is 31 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, page 428 and Deed Record 121, page 320; thence on an assumed bearing of South 0 00'49" East along said West line of Walnut Street, 556.95 feet; thence South 89 55'05" West, 1200 feet; thence North 0 00'49" West parallel with said West line of Walnut Street, 589.19 feet to a point 651.75 feet South of the South line of Sample Street or the produced South line of the tract conveyed of F.C. Raff, recorded in Deed Record 172 page 641; thence South 89 57' 10" East along the South line above described tract produced East, 295 feet; thence South 0 00'49" East parallel with the West line of Walnut Street, 31 feet; thence North 89 57' 16" East, 905 feet to the place of beginning, containing 15.565 acres, more or less. and which have Key Numbers 18-8021-0845.03 and 18-8021-0845.04 as an Economic Revitalization Area, and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's 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 L 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 IL 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 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Gerald Lerman, Vice-President/Treasurer, Steel Warehouse Company LLC, South Bend, Indiana, made the presentation on these resolutions. Mr. Lerman advised that Steel Warehouse Company LLC is a steel service center with a primary focus on flat rolled, low carbon steel with operations involving slitting, leveling, pickling, shearing, temper rolling, and cold reducing. The petitioner also supplies profiling parts through its plasma and laser cutting operations. In connection with its 24 REGULAR MEETING SEPTEMBER 24, 2007 operations, the company takes substantial positions in steel and steel products for the future sale and marketing of the same to its customers. Mr. Lerman stated that the property at 2722 W. Tucker involves the acquisition of equipment for manufacturing, servicing, processing and material handling of steel and steel products, having a total cost expected to be from #2,500,000 to $5,000,000. The acquisition will enable the company to add capacity to and to modernize its existing manufacturing equipment and facilities at this location. The property at 1400 W. Riverside is for the acquisition of equipment for manufacturing, servicing and processing equipment having a total cost between $1,500,000 and $$3,500,000. The acquisition will enable the company to add capacity to plasma and laser cutting manufacturing equipment at the Riverside location. The property at 1217 and 1215 S. Walnut involves the acquisition of manufacturing equipment having a total cost expected to be from $400,000 to $2,500,000. The acquisition will permit the company to add capacity to its tool steel operations. The total investment for the three projects is estimated to be between $4,400,000 and $11,000,000. The amount of the final investment will depend on a number of factors including trends in the demand for Steel Warehouse's products and the cost and availability of needed equipment. It is estimated that the projects will create up to five (5) new permanent full time jobs at the Tucker location, four (4) to twelve (12) at the Riverside location and from five (5) to twenty-five (25) jobs at the Walnut location representing new annual payrolls of $156,000, $130,400 to $391,200 and $156,000 to $780,000 respectively at the three facilities. The project is also expected to retain a total of four hundred and eight- one (481) full-time jobs, representing an annual payroll of $22,707,500 at the facilities. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Varner made a motion to adopt Resolution No. 07-105. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. Councilmember Varner made a motion to adopt Resolution No. 07-106. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. Councilmember Dieter made a motion to adopt Resolution No. 07-107. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 3794-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3722 FOUNDATION COURT AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR IMAGINEERING ENTERPRISES, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3722 Foundation Court, South Bend, Indiana, and which is more particularly described as follows: 25 REGULAR MEETING SEPTEMBER 24, 2007 and which has Key Number 025-1010-040018, as an Economic Revitalization Area, and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's 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 L 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 IL The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of (5) five years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Don Kratz, Executive Vice President, Imagineering Enterprises, Inc., 3702 W Sample Street, South Bend, Indiana, made the presentation for this bill. Mr. Kratz advised that Imagineering Enterprises, Inc. intends to acquire a vacant 59,000 square foot building at 3722 Foundation Court, South Bend, Indiana. The acquired building will be the processing facility ad office of their operation in South Bend. The estimated total cost of the project is $5.1 million with new equipment being installed at a cost of $3.5 million. The processing facility will provide electroless nickel plating , phosphate coatings, passivation processes, non destruction testing and quality assurance testing for client's components as the final step in the manufacturing process. The new equipment for the manufacturing process will include lab equipment, wet processing and phosphate passivation equipment, paint line, NDT equipment, and waste treatment equipment. Mr. Kratz stated that he estimates that the total project will create six (6) new, permanent, full-time jobs over the next year with an estimated new annual payroll of $190,000. The project will also maintain sixty-nine (69) existing, permanent, full-time jobs and two (2) existing, permanent, part-time jobs representing an annual payroll of $2,697,738. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Kelly 26 REGULAR MEETING SEPTEMBER 24, 2007 seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILL NO. 07-114 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2500 GREEN TECH DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR MOTHER EARTH, LLC (GREEN TECH TRANSFER & RECYCLING LLC BILL NO. 07-115 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2500 GREEN TECH DRIVE TO E AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GREEN TECH TRANSFER & RECYCLING LLC Councilmember Dieter made a motion to combine these bills for purposes of Public Hearing. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. RESOLUTION NO. 3795-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2500 GREEN TECH DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR MOTHER EARTH, LLC (GREEN TECH TRANSFER & RECYCLING LLC 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 2500 Green Tech Drive, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast Quarter of Section 23, Township 37 North, Range 2 East, Portage Township, City of South Bend, St Joseph County, Indiana, which is described as Beginning at a point on the East line of said quarter section which is N. 00 degrees-32"-42"E., 633.94 feet from the Southeast corner of said Northeast Quarter, thence North 89 degrees-32'- 08"W. adistance of 513.91 feet; thence N. 00 degrees-37'-40" E. a distance of 92.64 feet; thence N. 89 degrees-32'-08 W. a distance of 27 REGULAR MEETING SEPTEMBER 24, 2007 280.00 feet; thence N. 00 degrees- 37'-40" E. a distance of 467.98 feet; thence S. 89 degrees-26'-14" E. a distance of 197.94 feet, thence N. O1 degrees-49'-53" E. a distance of 32.63 feet; thence S. 89 degrees-15'-43" E. a distance of 46.11 feet; thence S. 89 degrees- 26'-14" E. a distance of 548.32 feet to the East line of said Northeast Quarter, thence S. 00 degrees-32'-42" W. along said East line a distance of 591.88 feet to the point of beginning containing 10.05 acres. and which has no Key Number presently, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's 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 L The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION IL 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, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council RESOLUTION NO. 3796-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2500 GREEN TECH DRIVE TO E AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GREEN TECH TRANSFER & RECYCLING LLC 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 28 REGULAR MEETING SEPTEMBER 24, 2007 WHEREAS, a Declaratory Resolution designated the area commonly known as 2500 Green Tech Drive, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast Quarter of Section 23, Township 37 North, Range 2 East, Portage Township, City of South Bend, St Joseph County, Indiana, which is described as Beginning at a point on the East line of said quarter section which is N. 00 degrees-32"-42"E., 633.94 feet from the Southeast corner of said Northeast Quarter, thence North 89 degrees-32'- 08"W. adistance of 513.91 feet; thence N. 00 degrees-37'-40" E. a distance of 92.64 feet; thence N. 89 degrees-32'-08 W. a distance of 280.00 feet; thence N. 00 degrees- 37'-40" E. a distance of 467.98 feet; thence S. 89 degrees-26'-14" E. a distance of 197.94 feet, thence N. O1 degrees-49'-53" E. a distance of 32.63 feet; thence S. 89 degrees-15'-43" E. a distance of 46.11 feet; thence S. 89 degrees- 26'-14" E. a distance of 548.32 feet to the East line of said Northeast Quarter, thence S. 00 degrees-32'-42" W. along said East line a distance of 591.88 feet to the point of beginning containing 10.05 acres. and which has no Tax Key Number presently, as an Economic Revitalization Area, and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's 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 L 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 IL 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 et sec . SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Mike Morris, 2500 Green Tech Drive, South Bend, Indiana, made the presentation for this bill. Mr. Morris stated that Green Tech Transfer & Recycling LLC/Mother Earth, LLC are proposing to develop a 10.05 acre Brownfield Development site as astate-of-the-art trash recycling/transfer facility. The site is currently owned by St. Joseph County because of 29 REGULAR MEETING SEPTEMBER 24, 2007 back property tax collection issues with the site. It will be purchased by Mother Earth and leased to Green Tech. The project is on the former Studebaker Plant 8 site off of Ewing Avenue. The prior decaying building on the site is being 98% recycled upon deconstruction. Anew 52,800 sq. ft. processing facility will be constructed. The estimated cost of the new building, driveways and storage infrastructure is $1,608,000. The amount of waste that will be converted annually in the facility is estimated at 8,400,000 pounds. Material brought to the transfer station will be unloaded onto the tipping floor, inspected and sorted. Recyclable material will be moved to automatic and manual sorting conveyor and baler systems to be processed and marketed. Non- recyclable material will be transported to approved landfills. Green Tech will own the equipment that will be used in the facility that will consist of a 70 foot by 10 foot steel deck truck scale, ramps, wiring, control panels with scale house, automatic sorting conveyor, product balers, platform scale, material handlers, and computer systems. Mr. Morris estimated that the total project will create nine (9) new, permanent, full-time jobs representing a new annual payroll of $217,256. The project is developing a completely new facility and, therefore, does not have any existing employees. A Public Hearing was held on the Resolutions at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Dieter made a motion to adopt Bill No. 07-114. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. Councilmember Varner made a motion to adopt Bill No. 07-115. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 3797-07 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 1247 HOWARD STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR Ht.JMANITY WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have 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 area commonly known as 1247 Howard Street, South Bend, Indiana, and which is more particularly described as follows: Lot 29 Talbots Plat and this property has Tax Key Number 18-5095-3359 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et sea., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and 30 REGULAR MEETING SEPTEMBER 24, 2007 WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION IL The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and fmds 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 31 REGULAR MEETING SEPTEMBER 24, 2007 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 area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VL The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. 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/Timothy A. Rouse Member of the Common Council Ms. Violet Schorsch, Habitat for Humanity of St. Joseph County, 402 E. South Street, South Bend, Indiana made the presentation for this bill. Ms. Schorsch advised that Habitat for Humanity plans to build a new, single-family residence with three bedrooms and one bathroom. The home will have 1,120 square feet and it will be built with afour-foot crawl space. Habitat will use volunteer labor and donated materials to build the home. The price of the home will be $65,000.00. The lot is currently owned by the City of South Bend. Habitat for Humanity intends to purchase the lot, construct the house and then offer the property for sale to qualified, low-income families using a no-interest loan and mortgage. BILLS -FIRST READING BILL NO. 63-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $225,000 RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE WEED & SEED PROGRAM This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on October 8, 2007. Councilmember Kuspa seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 64-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH 32 REGULAR MEETING SEPTEMBER 24, 2007 BEND, INDIANA, APPROPRIATING TWO MILLION DOLLARS ($2,000,000.00) FROM URBAN DEVELOPMENT ACTION GRANT FUND NO. 410, AND ALLOCATING ONE MILLION DOLLARS ~~l,ooo,ooo.oo~ To POTAWATOMI ZOO AND ONE MILLION DOLLARS ($1,000,000.00) TOTHE KROC CENTER This bill had first reading. Councilmember Varner made a motion to refer this bill to the PARC Committee and set it for Public Hearing and Third Reading on October 8, 2007. Councilmember Kuspa seconded the motion which carried by a voice vote of seen (7) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinances based on their Public Hearing held on August 21, 2007: BILL NO. 41-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE: ARTICLE 14, SUBDIVISIONS, SECTION 21-14.05 MAJOR SUBDIVISIONS TO REVISE THE APPROVAL PROCESS FOR MAJOR SECONDARY SUBDIVISION PLATS REPORTS FROM AREA PLAN COMMISSION It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinances based on their Public Hearing held on September 18, 2007: BILL NO. 52-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 827 EAST WAYNE STREET: 219,222,224,228,230 AND 231 SOUTH NOTRE DAME AVENUE; AND VACANT PROPERTY LYING EAST OF 222 AND 224 SOUTH NOTRE DAME AVENUE AND VACANT PROPERTY LYING SOUTH OF 219 SOUTH NOTRE DAME AVENUE; COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer these bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on October 8, 2007. Councilmember Kuspa seconded the motion which carried by a voice vote of seven (7) ayes. REQUEST TO WITHDRAW 33 REGULAR MEETING SEPTEMBER 24, 2007 BILL NO. 53-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3030 NORTHSIDE BLVD., COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to strike Bill No. 53-07 at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. NEW BUSINESS Council Vice-President Ann Puzzello stated that this will be the last broadcast of the South Bend Common Council by Comcast. Mr. Gary Gilot, Director, Public Works, 13~` Floor County-City Building, South Bend, Indiana, noted that the City is looking into other options for public access to City Council Meetings. He noted that Comcast is willing to let the City use their equipment, but not provide the service. He stated that maybe an area college would have some type of internship program that could provide this type of service. PRIVILEGE OF THE FLOOR COMIy1ENTS FROM MR. CLAY KUSBACH, 8TH GRADE STUDENT AT ST. JOSEPH GRADE SCHOOL, SOUTH BEND, INDIANA, REGARDING PROPERTY TAXES Mr. Clay Kusbach, 54497 Longwood Drive, South Bend, Indiana, stated that he is in the 8~` Grade at St. Joseph Grade School and has lived in South Bend his entire life. He stated that he hopes to go to high school and college here in town. Mr. Kusbach stated that on Thursday afternoon an article caught his eye. In the 1980's South Bend was one of the best places in the Mid-West. That is why his Kusbach and Roemer families chose to live here. He stated that he is upset that he might have to leave this beautiful town because now the city is ranked the top worst city per capita, along with being the highest local taxes in the state. The top four are South Bend, Laporte, Ft. Wayne and Indianapolis. He asked the Council why are taxes in South Bend so high? And why is South Bend the worst? Why do our local leaders not see what this is doing, and how this is going to affect everyone. Mr. Kusbach stated that he may not stay here if changes in the way the Council approves the monies that are spent and budgeted are not drastically changed immediately. He stated that his dad owns a plumbing business, Value Plumbing; he also owns several properties that he has used his own money to renovate and bring people back into South Bend. He asked what will happen to families if his dad has to lay them off? What will happen to Mike, his wife and two kids; Doug and his family; Jim the heating guy; Greg the roofer who helped his dad with his units. He stated that his dad now says with the taxes anticipated in doubling won't be able to hire any contractors to help him. What will happen to all the families that his dad rents to, if he raises the rent to pay off the taxes? Mr. Kusbach stated that he will leave the Council with five questions to ponder. 1. What will happen to him? 2. Will he be able to stay here in South Bend? 3. Is there a future for him? 4. Will he have the money to go to College? 5. What is the Council going to do to correct this problem. Councilmember Puzzello stated that she cannot answer all of Mr. Kusbach's questions right at the moment. She noted that they could forward these questions and have some answers at the next Council meeting. She noted that the Portage Township Assessor - Rosemary Mandrici is present in the audience tonight and they will forward some of these questions onto her for clarification. Councilmember White stated that the questions that Mr. Kusbach presented to the Council tonight are very important. She noted that they would be glad to respond to the 34 REGULAR MEETING SEPTEMBER 24, 2007 questions by the next Council Meeting. She encouraged Mr. Kusbach to stay in South Bend and stated that there is a bright future here in South Bend for him. Councilmember Dieter questioned where the ranking of South Bend came from. He asked if possible to get a copy of that. Councilmember Varner advised that that Great Statesman Lou Holtz said just last week "Things are never quite as good as they seem or as bad as they seem." He thinks that if Mr. Kusbach has the opportunity to get some explanations on this he might feel a little bit better about some things and maybe worse about some other things, but it is a learning experience from top to bottom and he got an early start, so good for him! He stated that Mr. Kusbach's criticism was fair, because he took facts out of an article! The Council will respond just as soon as they have a chance to research the information. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 8:30 p.m. ATTEST: ATTEST: John Voorde, City Clerk Timothy A. Rouse, President 35