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HomeMy WebLinkAbout09-13-04 Council Meeting Minutes REGULAR MEETING SEPTEMBER 13, 2004 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 13, 2004, at 7:00 p.m. The meeting was called to order by President Karen L. White and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek Dieter 1st District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Vice-President Ann Puzzello 4th District David Varner 5th District Ervin Kuspa 6th District Sean Coleman At-Large Chairperson, Committee of the Whole Al `Buddy" Kirsits At-Large Karen L. White At-Large President OTHERS PRESENT: Kathleen Cekanski-Farrand, Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy City Clerk Janice I. Talboom Deputy City Clerk 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 August 23, 2004 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. Members of the Sub-Committee on Minutes s/Karen L. White s/David Varner Councilmember Coleman made a motion that the minutes of the August 23, 2004, meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 3371-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONGRATULATING THE GIRLS EAST SIDE LITTLE LEAGUE TEAM WHO ARE THE 2004 JUNIOR LEAGUE WORLD CHAMPIONS WHEREAS, the Common Council of the City of South Bend, Indiana, is proud t acknowledge that a group of thirteen (13) and fourteen (14) year old girls from the East Side Little League girls softball team experienced a once in a lifetime opportunity this summer; WHEREAS, the Council acknowledges that on August 21, 2004, the East Side Little League girls softball team beat Lee County of Giddings, Texas at a game in Kirkland, Washington, and wrapped up a perfect Junior League World Series Championship; and WHEREAS, the East Side Little League girls softball team went 22-0 through all levels of tournament play this summer and outscored its rivals 43-4 at the World Series level which included representative teams from the United States, Europe, Canada, Asia and Latin America; and 1 — REGULAR MEETING SEPTEMBER 13,2004 WHEREAS, the Common Council proudly acknowledges all of the members of this World Champion Team, namely: Alex Dunfee, Catcher Katie Sullivan, Outfield Angela Gillis, Pitcher/Shortstop Jaimee Works, Outfield Maria Gillis, Pitcher/Outfield Meghan Yoder, Outfield Nikki Gropp, 3rd Base Pete Gillis, Manager Alexa Gropp, 3rd Base Jeff Jankowski, Coach Erin Jankowski, 2"d Base Brent Yoder, Coach Sam McCarty, 2"d Base Jim Reynolds, Scorekeeper Kelsey Reynolds, Shortstop/Pitcher Mary Dunfee, Scorekeeper Maggie Seitz, Outfield NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates the 2004 World Champion East Side Little League Junior Girls Softball team for bringing honor to themselves and to the City of South Bend. Section II. The Common council proudly acknowledges that the 2004 World Champion East side little League Junior Girls Softball team outscored their opponents 251 runs to 16 runs in 22 games; and wished each of the team members continued success and memorable opportunities. Section III. This Resolution shall be in full force and effect from and and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, 1St District s/Ervin Kuspa, 6th District s/Charlotte D. Pfeifer, 2"d District s/Sean Coleman, At Large s/Roland Kelly, 3rd District s/Al"Buddy"Kirsits, At Large s/Ann Puzzello, 4th District s/Karen L. White, At Large s/David Varner, 5th District s/Kathleen Cekanski-Farrand Council Attorney ATTEST: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Ann Puzzello, 1247 E. LaSalle Avenue, South Bend, Indiana, made the presentation for this Resolution by first offering her comments and then reading the Resolution in its entirety and presenting it to each member of the team. A Public Hearing was held on the Resolution at this time. Fredrico Thon, Assistant to the Mayor, introduced Manager Pete Gillis to make a few comments on these terrific girls. Pete Gillis, Manager, no address given, stated that he would like to commend this group on their behavior, hard work and dedication to this game. He indicated that these girls gave up their summer to practice 3 1/2 to 41/a hours a day. Councilmember Dieter congratulated the girls on this wonderful achievement. He further noted to cherish the moment and say thank you to your parents, friends and everyone who helped you along the way. Councilmember Coleman made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. 2 REGULAR MEETING SEPTEMBER 13,2004 COUNCIL DISTRICT UPDATES —4TH DISTRICT COUNCILMEMBER ANN PUZZELLO Councilmember Ann Puzzello, 4th District Councilmember gave an update on activity in the 4th District. She stated that the 4th District is the northeast corner of South Bend. It is bounded by Notre Dame, Mishawaka, mostly by Jefferson Street on the south and the river on the west. A lot of work has been done this summer, or is in the process of being completed or is still in the planning stage. The northeast neighborhood has been receiving a lot of attention from the Northeast Neighborhood Revitalization Organization (NNRO) which is the facilitator for five local funding entities; Notre Dame, Memorial Hospital, St. Joseph Medical Center, Madison Center and the City of South Bend. NNRO has partnered with South Bend Heritage to renovate a number of homes in the area, build new homes, make plans to build townhouses from Napoleon St. to Howard St. on Eddy, reconfigure and rebuild in the Georgiana and Burns Street area and make large improvements to Coquillard Park. Notre Dame and I.U. are in the process of building a medical facility, the Transgene Research Center on the corner of Angela and Notre Dame Av. It will benefit both universities and the community with meeting rooms for local groups. The "Five Corners area where Eddy, Corby and South Bend Avenue all come together has always been a bottleneck for people wanting to get from and to the city. This will be changed in the next several years to a four way intersection joining South Bend Avenue with Eddy and Corby with Howard. The St. Joseph Medical Center has made the decision to move its facility to Granger. This leaves a large area to be redeveloped in the northeast neighborhood. There are many possibilities for this land use from medical uses to housing. We are sorry to see our hospital leave, but are hopeful about the future of this vital area of our city. Fredrickson Park has been a problem rather than a benefit for the City and the neighborhood for more than 15 years now. Finally it is in the process of being developed as an environmental center for study by local students. In Seitz Park, the firefighters Union have erected a beautiful memorial to fallen firefighters. We watched with great pride and some sadness as it was dedicated this summer, and blessed as part of the Blue Mass this past Friday. The memorial makes the park even more beautiful. The City is involved in the beginning stages of a large sewer separation project. The 4th District has three neighborhoods which will be part of this project. These areas are the Harter Heights neighborhood, the neighborhood of Rockne, Cedar and Madison Streets and Edison Park. These neighborhoods have had a lot of trouble with flooded basements and this work should be a big help toward alleviating this problem. The intersections at LaSalle and Colfax with Eddy Street have long been a safety problem with the hill making left turns dangerous. This is finally going to be improved in the spring with left turn arrows and new lanes. The North Shore Drive erosion project is being completed this summer along the hill on the river's edge. The erosion has caused a dangerous situation on the south side of North Shore Drive. The hill is being "shored up" with materials which will no pollute the river. There has been a lot of street paving activity in my district this summer, thanks in large part to our appropriation from the wheel tax. Some streets or certain blocks of streets that are receiving work are Corby, Walsh, Francis, Howard. A more controversial upgrading is in the work to upgrade the intersections of Ironwood and McKinley and Ironwood and Jefferson Boulevard. So much is happening or being planned in the 4th District that neighbors need to be aware of events. A neighbor should call either the public works department or me if he/she needs more information. If we work together, the 4th District will remain the greatest district in the City. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m., Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Coleman, Chairperson, Committee of the Whole, presiding. Councilmember Coleman noted that this is the portion of the meeting in which members of the council meet as the Committee of the Whole in order to hear presentations and public comment on bills that are presented for ordinance consideration. Each bill that will be heard tonight will have a Public Hearing and after the hearing on each bill, the 3 REGULAR MEETING SEPTEMBER 13, 2004 committee will vote on the disposition of the bill, which typically is sent to the full Council with either a favorable or an unfavorable recommendation. He noted that the South Bend Municipal code requires that the Chairperson describes the procedure for the hearings. The Committee operates in accord with the Council Rules and Procedures and Roberts Rules of Order and Council Attorney Kathleen Cekanski-Farrand who serves as the Parliamentarian. The procedure for the Public Hearing for each bill is conducted as follows: 1. The title of the bill is read by the City Clerk. 2. Reports are presented from the pertinent Common Council Committee and/or the Area Plan Commission. 3. A formal presentation in favor of the bill which is not subject to a time limit is heard. 4. Comments are heard from members of the public who wish to speak in favor of the bill. Each such member is limited to five (5) minutes for his/her presentation and must begin by stating his/her name and residential address. 5. Any formal presentation against the bill or Resolution which is not subject to a time limitation is heard. 6. Comments are heard from any members of the public wishing to speak against the bill. Each member of the public speaking against the bill is limited to five (5) minutes for his/her presentation and must also begin by stating his/her name and residential address. With respect to those individuals speaking against, the total time for comments by members of the public speaking against the bill is the amount of time that was used by those speaking in favor of the bill or thirty (30) minutes whichever is greater. 7. A five (5) minute rebuttal period is allowed for the persons who gave the formal presentation in favor of the bill after which the public portion of the hearing is closed. 8. Finally, the Council portion of the hearing takes place in which members will discuss the bill and vote on its disposition PUBLIC HEARINGS BILL NO. 41-04 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1533 PRAIRIE AVENUE, COUNCILMANIC DISTRICT#6 IN THE CITY OF SOUTH BEND, INDIANA Councilmember White made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kuspa, Chairperson, Zoning &Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. Angie Smith, Staff Member, Area Plan Commission, 11th Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Smith advised that petitioner is requesting a zone change from "LI" Light Industrial to "LB"Local Business to allow a new church. The site is vacant,to the North are industrial uses zoned"LI" Light Industrial. To the East are multifamily uses zone "MF1" 4 REGULAR MEETING SEPTEMBER 13, 2004 Multifamily and commercial uses zoned"LB"Local Business. To the South is a mixed use building zoned"MU" Mixed Use. To the West are single-family homes zoned"SF2" Single-family. "LB" Local Business is established to provide for a full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Residential bufferyards are required to the east and west. The site plan shows a 3,264 square foot church with it's associated parking. This is a thru-lot with frontage on both Prairie Avenue and McPherson Street. The site plan meets all parking standards. The site was zoned "D" Light Industrial under the old ordinance. Under the new zoning classification of"LI" Light Industrial, churches are not a permitted use. There is a residential subdivision to the west of this property. To the north and south of this property along Prairie Avenue are a variety of commercial, mixed use, and industrial zonings and uses. Prairie Avenue is a State Highway at this location. As such, this site will need to obtain INDOT approval for the curb cut. The petitioner has stated that in the event a curb cut is not approved, access will be sought from McPherson Street. There are side walks present at this location along Prairie Avenue. A cross access easement is suggested to the north to aid in ingress/egress from Prairie Avenue. This site is serviced by South Bend municipal water and sewer. She indicated that the City Engineer made the following comments: The new drives need to be concrete in the right-of-way, repair the sidewalks on Prairie Avenue if required, and a drainage plan needs to be approved prior to construction. Mr. Robert Henry, 404 S. Frances Street, South Bend, Indiana, made the presentation for this bill. Mr. Henry indicated that the existing zoning is Light Industrial and the new zoning will be LB Local Business. The purpose of the rezoning is to accommodate the construction of a new church building for the Hopewell Baptist Church. The Church will replace the existing church and day care building at 740 Chapin Street which will be demolished to accommodate the relocation of United Drive. He indicated that a church is a permitted use in the new zoning ordinance. 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 Varner made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 42-04 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 339 N. IRONWOOD, COUNCILMANIC DISTRICT#4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman advised that there has been a request by the petitioner to withdraw this bill from consideration. Therefore, Councilmember Kuspa made a motion to withdraw this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 50-04 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY NORTH OF JEFFERSON BLVD, BETWEEN 36TH ST TO THE WEST AND THE NORTH/SOUTH ALLEY BETWEEN JEFFERSON BLVD AND MARSHALL AVE TO THE EAST Councilmember Kirsits made a motion to continue this bill until the September 27, 2004 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 5 REGULAR MEETING SEPTEMBER 13,2004 BILL NO. 45-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2005 City Clerk John Voorde, stated that he requested to withdraw this bill to allow for the filing of the Mayor and City Clerk Salary Ordinance together as has been past practice. Councilmember Coleman advised that there has been a request by the petitioner to withdraw this bill from consideration. Therefore, Councilmember Kirsits made a motion to withdraw this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 51-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2005 Council President Karen White made a motion to hear the substitute version of this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Puzzello, Chairperson, Health &Public Safety Committee, reported that this committee met on this bill this afternoon and voted to send it to full council with a favorable recommendation. Councilmember Al `Buddy" Kirsits, Councilmember at Large, disclosed that he is a member of the South Bend Fire Department and after discussing this matter with Council Attorney Kathleen Cekanski-Farrand that they concur that there is no conflict of interest in this matter. Kathleen Cekanski-Farrand, 914 E. Jefferson Boulevard, South Bend, Indiana made the presentation for this bill. Mrs. Cekanski-Farrand advised that the South Bend Common Council has the legal responsibility pursuant to Indiana Code §36-8-3-3 (d) to establish by ordinance before September 20th, the annual compensation of all members of the South Bend Fire Department. She further advised that on April 26, 2004, the Common Council unanimously adopted Resolution No. 3324-04 which appointed an agent/negotiator and addressed an Advisory City Negotiating Team. The Advisory City Negotiating Team was composed of 1St District Councilmember Derek D. Dieter, 3rd District Councilmember Roland Kelly, 4th District Councilmember Ann Puzzello, 6th District Councilmember Ervin Kuspa, Assistant Fire Chief Rick Switalski, City Controller Frederick B. 011ett III, city Attorney Charles S. Leone, Agent/Negotiator for the Board of Public Safety, and Kathleen Cekanski-Farrand, Agent/Negotiator for the South Bend Common Council. The Fire Negotiating Team was composed of Captain Michael J. Damiano, Engineer Kenneth Marks, Captain Jess (Ben)Noell,Engineer Michael Jamieson,Lieutenant/Paramedic Todd Skwarcan, Pump Engineer James Weinberg, Michael Wegenka, retired Battalion Chief; and Thomas F. (Chip) Lewis, III, Agent/Negotiator. The negotiating teams were committed to using interest-based bargaining techniques and after a series of positive negotiating sessions; a tentative agreement was reached on July 29, 2004. Mrs. Cekanski-Farrand presented a power- point presentation a copy of which is on file in the Office of the City Clerk. Mrs. Cekanski-Farrand indicated that the entire proposed Collective Bargaining Agreement 6 REGULAR MEETING SEPTEMBER 13,2004 shall be submitted to the Common Council for ratification purposes with an appropriate form of a resolution, following its approval by the Board of Public Safety. She thanked and commended Fire Chief Robert Quinn, the entire negotiating team and the South Bend Firefighters Association, Local#362 on their hard work and dedication and professionalism. This speaks very highly for the City of South Bend. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Charles Leone, City Attorney, 14th Floor County-City Building, 227 W. Jefferson Boulevard, South Bend Indiana, stated that he is very pleased to reach this point in the fire negotiations and to come to a result that he believes is beneficial not only to the City of South Bend but also to its professional firefighters. Although there have been differences with respect to the way in which we proceeded, I think that the end result is really a credit to the methods that we have adopted and serves as an effective model for future years. There is probably some fine tuning in what we can in terms of how we take the process forward, but we are quite pleased. Mr. Leone stated that he is proud to serve with the City Bargaining Team in this process. Mr. Chip Lewis, Attorney at Law, Jones, Obenchain Law Firm, 220 S. Michigan Street, South Bend, Indiana, advised that he had the honor as serving as attorney for the South Bend Firefighters Association Local#362 during these negotiations. Mr. Lewis stated that he was very pleased with the pace and the course of these negotiations. Mr. Lewis also commended the way that that everyone involved practiced the interest based negotiating. Mr. Lewis stated that it does reflect on the community is a positive way. Mr. Lewis stated that he speaks on behalf of the South Bend Firefighters Association Local#362 that they are very pleased with this proposed wage ordinance. The South Bend Firefighters Association Local#362 voted overwhelmingly in favor of ratifying the contract. Mr. Kenneth Marks, President South Bend Firefighters Association Local#362, 1122 S. Main Street, South Bend, Indiana, advised that members of South Bend Firefighters Association are tools of the City and like with any tool the best tool that you have is always worth what you spend. Mr. Marks stated that they are not just a fire department but also a multi-task fire department. From tactical rescue to hazardous material and especially our ambulance service,it one to be very proud of. Mr. Marks thanked the Council on the wage package and asked the Council for its favorable consideration. Mr. Mike Damiano, Vice-President South Bend Firefighters Association Local#362, (no address given) advised that as you have heard from past speakers, he too would like to speak on behalf of the Local#362, that they are very pleased with the outcome of the interest-based negotiations. He thanked the Council and asked for their unanimous • support for this salary ordinance. He indicated that they look forward to dealing with the Council in the future. Chief Robert Quinn, Fire Chief, South Bend Fire Department, 1122 S. Michigan Street, South Bend, Indiana, publicly commended the City Administration and the South Bend Common Council for all the time and effort that has been put in for the successful completion of these negotiations. These negotiation and pay package is fully supported by the Fire Department Administration and asked the Council for their favorable support. There was no one else present wishing to speak in favor of this bill. There was no one presented wishing to speak in opposition to this bill. Ann Puzzello, 4th District Councilmember offered her comments. She was very proud of the City negotiating team as well as the Firefighters negotiating team. She indicated that like always during negotiations you learn so much from both sides. She especially learned from the firefighters that she really could not do their job. She also commended Kathleen Cekanski-Farrand, Negotiator/Agent for salaries. She stated that when Kathleen Cekanski-Farrand has acted as chief negotiated for the City Team, which she has done for several years now, she has never lost. That is, she always has reached an 7 REGULAR MEETING SEPTEMBER 13, 2004 agreement/ratified with both the Police Department and Fire Department. Councilmember Puzzello stated that when Mrs. Cekanski-Farrand speaks for the City Team, the public safety team knows that she is sincere and that the team is determined to find out everything that they can and what would be the best thing for the public safety team. That kind of sincerity and effort to get information and put the money in the best place is what makes a very good negotiator and the City it very fortunate to have such a person like Kathleen Cekanski-Farrand. Derek D. Dieter, 1st District Councilmember offered his comments. He stated that he was on the negotiating team, however, his work schedule did not allow for him to attend all the meetings. He thanked all the Councilmembers as well as Kathleen Cekanski-Farrand, Chuck Leone, City Attorney and the City Administration, Mayor Luecke and City Controller, Rick 011ett for the compensation packages that they were able to provide and work out and present to the Council tonight. Councilmember Dieter stated that his job as a South Bend Police officer for the past 27 years, gives him the opportunity to work with the South Bend Firefighters on a daily basis, shoulder to shoulder, and he can tell you from that experience hands down in the State of Indiana, that they are best firefighters. The citizens of South Bend, Indiana, should feel privileged to have these people protecting them. The salary ordinance is justification for the job they do. He thanked everyone involved in this negotiating process. Roland Kelly, 3rd District Councilmember offered his comments. He stated that this is another example of what cooperation can do. The negotiating teams worked together to solve the problems and come up with packages that made some sense for the firefighters because after all they lay their lives on the line everyday. They deserve the compensation that we have provided for them. Councilmember Kelly commended the City Negotiating Team as well as Kathleen Cekanski-Farrand for a job well done. Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 52-04 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 2005 Councilmember Dieter, Chairperson, Personnel and Finance Committee, reported that this committee met this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Rick 011ett, City Controller, 14th Floor, County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. 011ett advised that this ordinance sets forth the maximum amount to be paid to non- bargaining personnel employed by the City of South Bend for the Calendar year 2005. This ordinance establishes such compensation for approximately 420 non-bargaining employees. The employees eligible will receive up to a 4% base increase in 2005. Mr. 011ett requested the Council favorable consideration of this bill. 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 oppositions to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. 8 • REGULAR MEETING SEPTEMBER 13,2004 BILL NO. 54-04 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, 2005 BILL NO. 55-04 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2005, AND ENDING DECEMBER 31, 2005, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 56-04 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, 2005 AND ENDING DECEMBER 31, 2005, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Coleman entertained a motion to combine Bill Nos. 54-04, 55-04, and 56-04 for purposes of public hearing. Therefore, Councilmember Puzzello made a motion to that effect. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dieter, Chairperson, Personnel &Finance Committee, reported that this committee has been meeting for the last three weeks on various aspects of the budget from various departments. Councilmember Dieter stated that Mayor Luecke will be outlining the process of those meeting. Mayor Stephen Luecke, (no address given), advised that he is delighted to be here tonight to present the budget. First, he thanked the Council for their support for the firefighters and their budget. The fire department is an excellent example of our City Workforce. He stated that he sees that same example throughout the entire City workforce. Mayor Luecke stated that Bill No. 54-04 Levy's taxes and set the tax rate to raise the funds necessary for expenses for the City of South Bend. Bill No. 55-04 appropriates funds for operations and expenses of numerous departments including the general fund, parks, motor vehicle highway, local roads and streets, community and economic development, two (2) bond and pension funds. Bill No. 56-04, which appropriates funds for operations and expenses for our Enterprise Funds. This is the budget, and as you know from the many presentations that we have had by various departments, this is a comprehensive and far-reaching budget. Mayor Luecke stated that it extends from Animal Control to the Zoo. This budget took a lot of work to develop, he is grateful for the hard work of the City Controller, City Finance Director, Department Heads and Management Team, and to the Council for the time they have taken in reviewing this budget. This is the operational budget; again, we will come before you early in 2005 for the capital budget. We have to wait until the end of each year to actually know how much money is available before we can appropriate those funds for equipment and special projects throughout the City. The dollars that we are asking for your approval tonight are for the operational side. Mayor Luecke indicated that the City is levying the full increase that is allowed by State Law, which is about 4.4%. That will bring approximately 2.5 million additional dollars from 9 1 REGULAR MEETING SEPTEMBER 13,2004 property taxes. Coincidentally, the negotiated raised for our Police Department, Fire Department and Teamsters equals about two and one-half million dollars. All that new money is going toward raises for those bargaining units. This means that other raises for other employees and increases in our service accounts, health care, etc., have to come out of existing dollars. This means that our capital budget will probably be squeezed for next year, but we think that will be all right. Mayor Luecke thanked the Council again for their emphasis on compensating the workforce and we want to make sure we are paying the employees of the City of South Bend fairly. The total budget as presented is one hundred sixty nine million dollars in revenues about one hundred and fifty five million dollars in operating budget which leaves approximately fourteen million dollars for capital budgeting early next year. That breaks down to sixty one million dollars for operating budget for the general fund, approximately eighteen million dollars for our special revenue funds, seventeen million dollars for our insurance funds and self-funded employee benefits, ten million dollars for our capital and debt service funds, ten million for our trust and agency funds and thirty eight million dollars for our enterprise funds. These dollars are appropriated so that we can provide the services that our residents, businesses and visitors expect of us. It is our goal through this budget to continue working on the City Wide goals and objectives, to improve South Bend's economy, to improve public safety, to improve South Bend's quality of life, to improve residents trust in City Government, to improve responsiveness, efficiency and effectiveness, to improve the City infrastructure, to improve the financial condition of City Government and to improve City Governments existing workforce and work environment. Mayor Luecke stated that he believes this budget does just that and he is proud of the budget that he is bringing before the Council at this time when many municipalities and other units of government are having to cut programs or having to provide zero % raises to their employees. The City of South Bend has been able to fully provide good raises for our employees, by good planning in the past, staying on target, good management by our department heads, and looking for more efficiency in government. Using new technology to be able to deliver services more effectively. This budget is solid, in the black and balanced. We are able to maintain reserves that are critical to the cash flow of our bond rating and emergencies. We are able to invest in on going initiatives to build a safe and clean city, to encourage smart growth and maximize the use of technology. There are still many challenges that remain ahead of us, our expenditures are now growing at a rate faster than our revenues. Primarily to salary increases and benefit increases. There is still uncertainty in the property tax reassessment program. The tax rate to date still has not been certified for 2004 much less 2005. Nevertheless,Mayor Luecke stated that he believes that he will be able to work through that. There are many property tax appeals that still need to be resolved also delinquencies in property taxes that are owed along with a reduced cap on the levy growth. This will present some challenges, but we pledge to continue to bring to you budgets that are balanced, budgets that make the most of the dollars that we have available to us, budgets that continue to provide the services that our residents expect. Mayor Luecke again, thanked the Council and asked for their favorable support. Rick 011ett, stated that he is the City Controller and he is pleased to work with each and every Councilmember. Mr. 011ett thanked the Council for their interest and participation in the City Budget Meetings. The 2005 Budget is balanced and fiscally responsible. We are fiscally sound and have growing revenues, we are not flush with resources to do everything we would like to do. We will have to prioritize our capital and operating costs. For the last four(4) weeks we have held budgets meetings with department heads and members of those departments to review their strategy and ask detailed questions. Mr. 011ett stated that being fiscally responsible is key to the budget, the City must be prepared for unexpected events must also be planned for and funds must be set aside for reserves. He emphasized the need for reserves and capital to be used wisely to keep operations running efficiently and effectively. This budget includes operating expenses and debt service, but does not include new capital appropriations. The proposed budget in the past has assumed a maximum allowable 5% increase in property tax revenue for civil city, however the recommendation from the Department of Local Government Finance (DLGF) is to use a 4.4 % increase for the 2005 estimates. The DLGF recommends this new percentage be used based upon new laws that have been passed and due to the uncertainty in the assessed valuation. The maximum new levy will be reviewed by the DLGF in October and an adjustment will be made to the general fund 10 REGULAR MEETING SEPTEMBER 13, 2004 revenue to reflect the approved amount of the total levy per state statutes. General fund revenues including property taxes are expected to increase 2.9 million or approximately 4.8%. Operating expenditures are expected to increase 5.6 percent for 3.3 million dollars totaling 61 million dollars. Of this amount, public safety is approximately 76% of total general fund expenditures, that is approximately 46 million dollars out of 61 million dollars of operating expenses in the general fund. The 46 million dollar figure does not include fire and police pension expenditures or the equipment, buildings, cars and trucks needed to support their role in our community. The pension and capital expenditures are included in the total amount of expenditures, there are increases of 10.5 million for pensions and 2 million dollars in average annual capital expenditures. Average capital equipments not counting buildings that would be a total of 58.5 million dollars. Public Safety without a doubt is our highest priority and our efforts this year and over the last two years reflect our commitment. South Bend faces the same funding issues that other cities face. Our police and fire pensions continue to experience annual funding shortfalls that catch up funding that the state provided in December 2001 and the additional distribution from the public deposit insurance fund should cover until 2005. However, we should expect by 2006 and beyond to transfer funds to the pensions funds from the general fund. A significant item in the budget is our local roads and streets fund has increase of funding 3.3 million dollars. The wheel tax is responsible for the entire increase of over 2 million dollars. If we only count paving materials, we are expected to spend over 2 millions dollars, this amount does not include our road projects or the labor that the City of South Bend is spending on upgrading and maintaining our roads. We have tight spend guidelines this year to help cover higher personnel costs. Guidelines for expenditures includes a zero (0)percent increase for the third year in supplies and zero (0) percent increase in other services for the second year. With the recent increase in gas prices, we did exempt gasoline costs from these guidelines. The self-insurance employee benefit fund has budgeted no increase in health claim expenditures however, this fund is a hefty 11.6 million dollars. The 2005 budget includes six (6)funds that are not able to balance revenues and expenditures and will need to rely on fund balances. They include the Police and Fire pension funds, Century Center, Solid Waste, Water& Sewer Repair Insurance Fund and Motor Vehicle Highway. There are three (3) additional funds that cannot balance revenues and expenditures and do not have the adequate fund balances and will require other funds to provide that funding. They include the Central Services Fund,Parks Special Events Fund, and Parking Garage Fund. Either the COIT fund or Park Department Fund will have to cover these shortfalls. Edit and Coit will decrease approximately 15.3 percent or 1.1 million dollars, due to three factors. 1. One time revenues are not expected this year as we have received in the past years. 2. The Mayor recommended and Council approved the restoration of the maximum homestead credit and that will take effect in 2005. 3. The lingering impact of the recession in individual and business income along with health care costs, pensions plans as mentioned before. We have a true pension plan not a 401k, we have a benefit program which guarantees a specific dollar benefit that is not related to the investment return on those funds. The City of South Bend's required funding to the PERF state fund increase from 3.25% to 4.25% over the last two years. Mr. 011ett asked the Council for their favorable consideration of these bills. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Coleman stated that the Public portion of Bill Nos. 54-04; 55-04 and 56- 04 are closed and the Council will continue these three bills in the Council portion at the September 27, 2004 meeting of the Council. However, Councilmember Coleman extended the offer for Councilmembers for comment tonight or entertain a motion to continue Bill Nos. 54-04; 55-04 and 56-04 until the September 27, 2004 meeting of the Council in the Council portion only. David Varner, 5th District Councilmember, advised that he would like to take this opportunity to offer an amendment to Bill No. 55-04, which refers to Fund#377 of the College Football Hall of Fame transfer. Councilmember Varner further advised that the College Football Hall of Fame is an interesting and nice venue that Bernie Kish and his staff are fine folks, and in fact, there are millions and millions of college football fans in the nations. About 500,000 extra Notre Dame Fans after last week, you can count me 11 REGULAR MEETING SEPTEMBER 13, 2004 among one of them. The problem we seem to have with the College Football Hall of Fame is despite that there are all these fans there just aren't enough of them that are willing to travel to the College Football Hall of Fame or to spend dollars in support of it. Probably the most distressing item of all that I have watched over the last ten (10) years of the events of the College Football Hall of Fame is that the parent organization the National Football Foundation has not been willing to make any financial support to the hall, since approximately 1998. Because of this, the City now provides the College Football Hall of Fame with approximately 2.2 million dollars, which is the request for fiscal year 2005. The breakdown of that fiscal request is 1.4 million dollars for building which clearly sits on the property, which we have to find a way to pay for. The second is part of that is .83 or 1 million dollars to support the College Football Hall of Fame. Councilmember Varner noted that the National Football Foundation uses that building, our building, rent-free; it pays no taxes and keeps all the revenues that are generated in the building. It even keeps the revenue from events that have nothing to do with football, such as the rent provided from the restaurant, which occupies space in the hall. The reality of the Hall of Fame to date in my opinion is that it represents thirteen years of fund raising failures without question it represents 10 years of operational shortfalls. The crown jewel as it was referred to as it came on board, has turned to fools gold. Councilmember Varner stated that the time is at hand, for the Council to begin to act more in the interest of the citizens of this community rather than in the interest of an organization in New York, who seeks all the benefits and provides none of the resources. Councilmember Varner stated that he believes that it is in the Council's statutory rights as well as statutory responsibilities, to exercise restraint in budgeting and appropriations. If fact our City Controller has talked tonight a lot about using restraint in appropriations and expenditures. It is now time to fund the College Football Hall of Fame relative to its documented performance rather than its illusive promises of the past. Councilmember Varner made a motion that in fiscal year 2005 to reduce the request of the appropriation from Fund#377 to the College Football Hall of Fame from $829,320.00 to $629,320.00. Additionally, Councilmember Varner stated that he would like to reduce this fund on an annual basis until such time as the College Football Hall of Fame is operating and functional on its own without support from the City of South Bend. Councilmember Dieter seconded the motion. Councilmember Kelly stated that he has a problem with this motion. He stated that he is not exactly sure what kind of agreements that the City has with the National Football Foundation. He would like to review those agreements very carefully before the Council makes any reduction in that account. Councilmember Kelly further noted that he believes that the City is committed to a certain amount of funding and would obviously like to study that before the Council proceeds with any kind of reduction in funding. Councilmember Puzzello stated that she agreed and disagreed with some of the comments from Councilmember Varner. Councilmember Puzzello stated that she likes the College Football Hall of Fame, she enjoys going there and she doesn't even like football. Councilmember Puzzello stated that she read part of the agreement that mentions the $500,000.00 coming from the two taxing units, but the rest of the money is not mentioned and that maybe money that should not be donated to the College Football Hall of Fame. Councilmember Puzzello stated that she would be supporting Councilmember Varner's motion. Councilmember Pfeifer stated that she agreed with everything that has been said. The Council for years has been concerned about the College Football Hall of Fame. Councilmember Pfeifer stated that she is not a fan of the Hall and she does not go there. However, she does not mind the existence of the Hall, and that the City has certain obligations. Councilmember Pfeifer indicated that her concern is that we are considering making a motion at the last minute without enough background. She advised that as in the past, this Council has researched information before making a decision like this, and she feels uncomfortable making a decision on this, not knowing that this amendment was being introduced tonight. Therefore, she feels that the Council should get together with the Mayor and discuss getting the expenditure reduced and will not support the amendment. 12 REGULAR MEETING SEPTEMBER 13,2004 Councilmember White advised that she believes that during the ongoing budget hearing process that the Council needs to look into the College Football Hall of Fame Fund. The Council needs to address the City's contribution toward the Hall. Councilmember White stated that from her perspective she would like to have a clear understanding of what the legal obligations are, so that the Council would be in proper state that they need to be in. Likewise, she stated that does not like getting information at the last minute and being asked to vote upon an amendment tonight. Councilmember White stated that she respects Dr. Varner's concerns and that he has been consistent and has valid concerns that we as a Council must address. Councilmember White stated that she would not support Councilmember Varner's amendment. Councilmember Kuspa stated that everyone agrees that the College Football Hall of Fame is a beautiful place. However, each time we go through the budget process the College Football Hall of Fame is assessing the City of South to support this non-local organization. Councilmember Kuspa questioned when the City of South Bend would be getting revenue back from the hall. Councilmember Kuspa stated that enough is enough and that the hall should seek other revenue outside the City. Councilmember Kuspa advised that he does not have anything personal against the hall, but cannot see spending money and keep burdening the citizens of the City of South Bend. Councilmember Dieter advised that the Hotel/Motel Tax monies that go to the College Football Hall of Fame could not be used for streets or other projects in the City; however, they could be used for Palais Royale, Century Center and the Coveleski Stadium. The College Football Hall of Fame started with good intentions, unfortunately, it has not worked out. It's not fault of the administration or Bernie Kish and his staff. They have tried to make every attempt to make the College Football Hall of Fame work. Now is the time to make the National Football Foundation step up to the plate and assist the City of South Bend to make the hall work. Councilmember Dieter stated that he believes that the City legal obligations are being met, and he will support Councilmember Varner's amendment. Councilmember Coleman stated that there are future budget meetings scheduled regarding the College Football Hall of Fame Fund#377. He stated that to take action tonight would be premature, in light of the fact that there are still questions that Councilmembers would like to have answered. Councilmember Coleman stated that the Council would not be prevented from taking any action even at our next meeting since this bill is going to be continued in the Council portion at the next meeting September 27, 2004. Councilmember Coleman stated that he would not support Councilmember Varner's amendment. Councilmember Varner called for a roll call vote. The amendment passed by a roll call vote of 5 to 4. Those in favor (Councilmembers Dieter, Puzzello, Varner, Kuspa, Kirsits.)Those opposed(Councilmembers Pfeifer, Kelly, Coleman, White.) BILL NO. 49-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO AMEND VARIOUS ARTICLES OF CHAPTER 6, BUILDING, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING BUILDING CODES AND PERMIT FEES Councilmember Varner, Chairperson, Public Works and Property Vacation, reported that this committee met this afternoon on this bill and sends it to the full council with a favorable recommendation. Don Fozo, Building Commissioner, St. Joseph County/City of South Bend, 125 S. Lafayette Boulevard, South Bend, Indiana made the presentation for this bill. Mr. Fozo advised that this ordinance would allow the update of building codes and fees. 13 REGULAR MEETING SEPTEMBER 13,2004 He indicated that the State of Indiana has updated the building codes to be followed by all jurisdictions in the State, and that a portion of this ordinance will bring them into conformance with State regulations. This ordinance keeps in compliance with Ordinance No. 8412-93, subsection 1, which establishes the Consolidated Building Department as an enterprise fund. It is the responsibility of the Building Department to monitor fees in order to assure that they are self-supporting. 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 Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 57-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING$146,000 WITHIN HAZ-MAT FUND (#289)FOR PURCHASE OF EQUIPMENT FOR THE HAZ-MAT TEAM AND VEHICLES Councilmember Puzzello, Chairperson, Health and Public Safety Committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. Councilmember Al `Buddy" Kirsits, Councilmember at Large, disclosed that he is a member of the South Bend Fire Department and after discussing this matter with Council Attorney Kathleen Cekanski-Farrand that they concur that there is no conflict of interest in this matter. Assistant Fire Chief Jim Lopez, South Bend Fire Department, (no address given) made the presentation for this bill. Chief Lopez advised that this bill would allow for the appropriation of$146,000 within the Haz-Mat Fund (#289). He stated that$140,000.00 is in the form of a grant from the State of Indiana through Homeland Securities. This money will be used to purchase Haz- mat equipment which will allow the Haz-mat team to be a part of the state response team (region 2). The remaining $6,000.00 will be used to purchase equipment to finish the insides of the new Haz-mat and Tac trailers. 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 Kirsits made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Kirsits made a motion to rise and report to the full Council. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. 14 REGULAR MEETING SEPTEMBER 13, 2004 ATT- T: ATTEST: I ohn oorde, City Clerk Sean Coleman, 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 8:50 p.m. President Karen White presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9525-04 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1533 PRAIRIE AVENUE, COUNCILMANIC DISTRICT#6 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9526-04 AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2005 This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Pfeifer made a motion to pass this bill as substituted. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9527-04 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 2005 Councilmember Coleman made a motion to pass this bill. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9528-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO AMEND VARIOUS ARTICLES OF CHAPTER 6, BUILDING, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING BUILDING CODES AND PERMIT FEES INDIANA, FOR THE CALENDAR YEAR 2005 15 REGULAR MEETING SEPTEMBER 13,2004 Councilmember Varner made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9529-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $146,000 WITHIN HAZ-MAT FUND (#289) FOR PURCHASE OF EQUIPMENT FOR THE HAZ-MAT TEAM AND VEHICLES Councilmember Pfeifer made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 04-94 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 2722 TUCKER DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, INC BILL NO. 04-95 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 W. TUCKER DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, INC., A&F REALTY, NATHAN LERMAN TRUST, ALLAN AND FRANCES LERMAN, JH JONES LLC BILL NO. 04-96 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 1400 RIVERSIDE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, INC. Councilmember Coleman made a motion to combine Bill Nos. 04-94; 04-95 and 04-96 for the purposes of Public Hearing. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 16 REGULAR MEETING SEPTEMBER 13,2004 RESOLUTION NO. 3372-04 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 2722 TUCKER DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 2722 Tucker Drive, South Bend, Indiana, and which is more particularly described as follows: A part of the South of the Northwest 1/4 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 1/4 of the Northwest 1/4 of said Section 15, 580.64 feet South of the Northeast corner of said Southwest 1/4 of the Northwest 1/4, 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 Enterprises, 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 1/4 of the Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence West along the South line of Tucker Drive 215.93 feet; thence South parallel with said East line of the Southwest 1/4 of the Northwest 1/4, 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. Inc. 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 Northern 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 17 REGULAR MEETING SEPTEMBER 13,2004 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 of 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence South a distance of 220 feet, more or less, to the North line of a 40 foot road known as Tucker Drive; thence East along the 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 a right-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 distant 250 feet by rectangular measurement from the original center line of said right-of-way; thence North Easterly parallel with and 250 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 of 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 of 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 18 REGULAR MEETING SEPTEMBER 13,2004 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 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 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 has 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, and 18-8075-2845.02 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1-12.1 et sec., and South Bend Municipal Code Sections 2-76 et se ., 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 an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et sec,., and South Bend Municipal Code Sections 2-76 et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and 19 REGULAR MEETING SEPTEMBER 13,2004 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 an Economic Revitalization Area. NOW,THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1. 1-12. 1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council 20 REGULAR MEETING SEPTEMBER 13,2004 RESOLUTION NO. 3373-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 W. TUCKER DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, INC., A&F REALTY, NATHAN LERMAN TRUST, ALLAN AND FRANCES LERMAN, JH JONES 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 W. Tucker Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land being a part of the Southeast Quarter of Section 18, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana, and being more particularly described as follows: A part of the South of the Northwest 1/4 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 1/4 of the Northwest 1/4 of said Section 15, 580.64 feet South of the Northeast corner of said Southwest 1/4 of the Northwest 1/4, 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 Enterprises, 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 1/4 of the Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence West along the South line of Tucker Drive 215.93 feet; thence South parallel with said East line of the Southwest 1/4 of the Northwest 1/4, 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. Inc. 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 21 REGULAR MEETING SEPTEMBER 13,2004 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 Northern 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 of 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence South a distance of 220 feet, more or less, to the North line of a 40 foot road known as Tucker Drive; thence East along the 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 a right-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 distant 250 feet by rectangular measurement from the 22 REGULAR MEETING SEPTEMBER 13, 2004 original center line of said right-of-way; thence North Easterly parallel with and 250 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 of 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 of 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 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 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 23 REGULAR MEETING SEPTEMBER 13,2004 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 has 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, and 18-8075-2845.02 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 I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) 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 sue. 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/Karen L. White Member of the Common Council RESOLUTION NO. 3374-04 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 1400 RIVERSIDE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1400 Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Beginning at the Southeast corner of the Southwest 1/4 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, 236.61 feet to a point 120.00 feet South 89 55'00" East of the East line of Kessler Boulevard, 128.00 feet to a point on the South line of King Street, 180.00 feet South 89 55'18" East of the Northeast corner of Lot 10 as shown on 24 REGULAR MEETING SEPTEMBER 13,2004 the Second Plat of Northwest Addition to the city of South Bend recorded April 6, 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 on 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 of Said Section 35; thence North 90 00'00" West along said South line, 156.71 feet to the point of beginning. Commencing at the Southeast corner of the 1/4 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" East 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 Plat 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 said south line of Queen Street, 12.93 feet to the East line of 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 has Key Numbers 18-2110-4065, 18-2110-4066, and 18-2110-4067 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 sue., 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 an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et sue., and South Bend Municipal Code Sections 2-76 et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; 25 REGULAR MEETING SEPTEMBER 13,2004 d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1. 1-12. 1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Kelly, reported that the Community and Economic Development Committee held a Public Hearing on these bills this afternoon and voted to send them to the Council with a favorable recommendation. Mr. Gerald Lerman, Vice-President, Steel Warehouse, 1121 E. Woodside, South Bend, Indiana made the presentation for these bill. Mr. Lerman advised that the first abatement request is for a real property tax abatement to allow for a 12,800 square foot building addition to their Tucker Drive location. This expansion will allow for expanded manufacturing, warehousing, and related uses. The estimated cost of the building addition is $638,000. The second abatement request is for personal property tax abatement for new manufacturing equipment to be installed at the Tucker Drive location. The third abatement request is also for personal property abatement for new equipment to be installed at their Riverside Drive location. The new material handling equipment that will be installed at both the Tucker Street and Riverside Drive addresses will allow for processing and handling steel and steel products. The total cost of the new equipment is estimated to be between $2.2 and$4 million. Mr. Lerman stated that Steel Warehouse Co. Inc. is a steel service center specializing in flat rolled, low carbon steel, with operations involving slitting, leveling, pickling, temper rolling, and shearing. He advised that the projects will create nine (9)new permanent jobs within the first year, representing a new annual payroll of$250,660. The project is also expected to retain four hundred and thirty-nine (439) full-time jobs,representing an annual payroll of $19,315,000. The projected annual salary for each new position created is $27,851. 26 REGULAR MEETING SEPTEMBER 13,2004 A Public Hearing was held on the Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Coleman made a motion to adopt Bill No. 04-94. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Pfeifer made a motion to adopt Bill No. 04-95. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Coleman made a motion to adopted Bill No. 04-96. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3375-04 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 705 S. KALEY STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ST. ADALBERT ROMAN CATHOLIC CHURCH FOR THE BENEFIT OF HABITAT FOR HUMANITY 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 705 S. Kaley Street, South Bend, Indiana, and which is more particularly described as follows: Lots numbered 1075 and 1076 in Third Plat of Summit Place Addition to the City of South Bend, St. Joseph County, Indiana (unimproved lots). and having Key Number 18-4040-1457, be designated as a Residentially Distressed 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, 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 seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the 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 I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of 27 REGULAR MEETING SEPTEMBER 13, 2004 Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: 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 finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the 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 VI. 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. 28 REGULAR MEETING SEPTEMBER 13,2004 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 be 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/Karen L. White Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. David Hatch, Habitat for Humanity, 402 E. South Street, South Bend, Indiana, made the presentation for this bill. Mr. Hatch advised that St. Adalbert Roman Catholic Church is selling this lot to Habitat for Humanity which proposes to construct a 1,120 square foot home on a crawlspace. The home will have three bedrooms and one bath. Habitat will use volunteer labor and donated materials to build the home, valued at approximately$69,000. 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 Coleman 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 nine (9) ayes. RESOLUTION NO. 3376-04 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 744 S. CARLISLE STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR WEST SIDE DEMOCRATIC CLUB FOR THE BENEFIT OF HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY 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 744 S. Carlisle Street, South Bend, Indiana, and which is more particularly described as follows: Lots 103 and 104 Realty Constr. Co. 2nd and having Key Numbers 18-4009-0314 and 18-4009-0316 be designated as a Residentially Distressed 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; 29 REGULAR MEETING SEPTEMBER 13,2004 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 seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the 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 I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: 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 finds that the proposed 30 REGULAR MEETING SEPTEMBER 13,2004 described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the 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 VI. 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 be 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/Karen L. White Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. David Hatch, Habitat for Humanity, 402 E. South Street, South Bend, Indiana made the presentation for this bill. Mr. Hatch advised that the Westside Democratic and Civic Club is selling two lots to Habitat for Humanity, which proposes to construct one 1,120 square foot home on a crawlspace on the combined 80 x 120 foot lot. The home will have either three bedrooms and one bath or four bedrooms and one and three-quarters baths. Habitat will use volunteer labor and donated materials to build the home, valued at approximately $69,000. A Public Hearing was held on the Resolution at this time. There being no present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3377-04 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 2530 W. LINDEN AVE., 1139 MCKINLEY AVE. AND 2118 KENWOOD ST. AS A 31 REGULAR MEETING SEPTEMBER 13,2004 RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY 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 2530 W. Linden Ave., 1139 McKinley Ave., and 2118 Kenwood St., South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Numbers 2530 W. Linden Ave. Lot 16 of Kaley's 1st Add. 18-2069-2537 East 1/2 of 18-2069-2538 1139 McKinley 40 ft East and West, taken off of and 18-5083-2953 form the entire width of the East ends 18-5083-2952 of Lots 39 &40 of Sommers' 2118 Kenwood Lot 60 & 61 Arnold and Fisher 18-2027-0864 Subdivision of Lots 2 and 8 of 18-2027-0862 Kunstman and Meyers Add be designated as a Residentially Distressed 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, 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 sue., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the 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 I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: 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: 32 REGULAR MEETING SEPTEMBER 13, 2004 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 finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the 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 VI. 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 be 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/Karen L. White Member of the Common Council 33 REGULAR MEETING SEPTEMBER 13, 2004 Councilmember Coleman made a motion to entertain the substitute version of this Resolution as on file with the City Clerk. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly stated that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. David Hatch, Habitat for Humanity, 402 E. South Street, South Bend, Indiana, made the presentation for this bill. Mr. Hatch advised that Habitat for Humanity proposes to construct five (5) new single family homes of approximately 1,120 square feet on the above identified lots. The homes will have three or four bedrooms and one bath. Mr. Hatch indicated that due to limited construction funding, the homes will be built on crawlspaces. The estimated market value of each home is $69,000. The total value of the project is estimated at$345,000. 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 or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution as substituted. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3378-04 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 5541, 5546, 5554, 5549, 5614, 5615, 5624, 5623, 5704, 5705, 5716, 5724, 5725, 5806, 5809,DEER HOLLOW DRIVE, 2710, 2716, 2811, 2821, BLACK TAIL COURT, 2708, 2713, 2716, 2721, 2810, 2811, 2819, 2827, 2835,RED FARM COURT, 2625 HOLLINGTON WAY AND 2512, 2515, 2520, 2525 2528, 2605, 2615, 2623, 2626, 2631 RUNNING DEER DRIVE, DEER HOLLOW SUBDIVISION AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ALWAY DEVELOPMENT CORPORATION 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 Lots Numbered 1 through 16 and Lots Numbered 18 through 36,Deer Hollow Subdivision, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 5704 Deer Hollow Drive Lot 1, Deer Hollow Subdivision 14-1035-059069 5716 Deer Hollow Drive Lot 2, Deer Hollow Subdivision 14-1035-059070 5724 Deer Hollow Drive Lot 3,Deer Hollow Subdivision 14-1035-059071 5806 Deer Hollow Drive Lot 4, Deer Hollow Subdivision 14-1035-059072 5809 Deer Hollow Drive Lot 5,Deer Hollow Subdivision 14-1035-059073 5725 Deer Hollow Drive Lot 6,Deer Hollow Subdivision 14-1035-059074 2710 Black Tail Court Lot 6,Deer Hollow Subdivision 14-1035-059074 34 REGULAR MEETING SEPTEMBER 13,2004 2716 Black Tail Court Lot 7, Deer Hollow Subdivision 14-1035-059075 2821 Black Tail Court Lot 8,Deer Hollow Subdivision 14-1035-059076 2811 Black Tail Court Lot 9,Deer Hollow Subdivision 14-1035-059077 2709 Black Tail Court Lot 10,Deer Hollow Subdivision 14-1035-059078 5705 Deer Hollow Drive Lot 10,Deer Hollow Subdivision 14-1035-059078 5623 Deer Hollow Drive Lot 11,Deer Hollow Subdivision 14-1035-059079 5615 Deer Hollow Drive Lot 12, Deer Hollow Subdivision 14-1035-059080 5549 Deer Hollow Drive Lot 13, Deer Hollow Subdivision 14-1035-059081 5541 Deer Hollow Drive Lot 14, Deer Hollow Subdivision 14-1035-059082 2708 Red Farm Court Lot 14, Deer Hollow Subdivision 14-1035-059082 2716 Red Farm Court Lot 15, Deer Hollow Subdivision 14-1035-059083 2810 Red Farm Court Lot 16, Deer Hollow Subdivision 14-1035-059084 2835 Red Farm Court Lot 18, Deer Hollow Subdivision 14-1035-059086 2827 Red Farm Court Lot 19,Deer Hollow Subdivision 14-1035-059087 2819 Red Farm Court Lot 20,Deer Hollow Subdivision 14-1035-059088 2811 Red Farm Court Lot 21,Deer Hollow Subdivision 14-1035-059089 2721 Red Farm Court Lot 22,Deer Hollow Subdivision 14-1035-059090 2713 Red Farm Court Lot 23,Deer Hollow Subdivision 14-1035-059091 2631 Running Deer Drive Lot 24,Deer Hollow Subdivision 14-1035-059092 2623 Running Deer Drive Lot 25, Deer Hollow Subdivision 14-1035-059093 2615 Running Deer Drive Lot 26,Deer Hollow Subdivision 14-1035-059094 2605 Running Deer Drive Lot 27, Deer Hollow Subdivision 14-1035-059095 2525 Running Deer Drive Lot 28, Deer Hollow Subdivision 14-1035-059096 2515 Running Deer Drive Lot 29, Deer Hollow Subdivision 14-1035-059097 2512 Running Deer Drive Lot 30, Deer Hollow Subdivision 14-1035-059098 2520 Running Deer Drive Lot 31, Deer Hollow Subdivision 14-1035-059099 2528 Running Deer Drive Lot 32, Deer Hollow Subdivision 14-1035-0590 5546 Deer Hollow Drive Lot 33, Deer Hollow Subdivision 14-1035-0591 2626 Running Deer Drive Lot 33, Deer Hollow Subdivision 14-1035-0591 5554 Deer Hollow Drive Lot 34, Deer Hollow Subdivision 14-1035-059101 5614 Deer Hollow Drive Lot 35,Deer Hollow Subdivision 14-1035-059102 5624 Deer Hollow Drive Lot 36,Deer Hollow Subdivision 14-1035-059103 2625 Hollington Way Lot 36,Deer Hollow Subdivision 14-1035-059103 be designated as a Residentially Distressed 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, 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 seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the 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 I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: 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 35 REGULAR MEETING SEPTEMBER 13,2004 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 finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the 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 VI. 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. 36 REGULAR MEETING SEPTEMBER 13, 2004 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/Karen L. White Member of the Common Council Councilmember Kelly made a motion to entertain the substitute version of this Resolution as on file with the Clerk. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly reported that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Aaron Blank, P.L.S., Abonmarch Consultants of Indiana, LLC, 750 Lincolnway East, South Bend, Indiana made the presentation for this bill. Mr. Blank advised that on the 36.82 acres of land that was recently annexed into the City of South Bend, the petitioner proposes to develop a new thirty-six (36) home subdivision. Lot sizes will range from 0.31 acres to 6.06 acres. Approximately twenty (20) of the homes will be villas, with an average size of 3,000 square feet. The remaining sixteen (16) conventional homes are expected to average 3,500 square feet. The average market value of the villa homes is expected to be $300,000 and the average market value of the larger conventional homes is expected to be$600,000. The total market value for this new development will be approximately$12,500.00. 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 Pfeifer made a motion to adopt this Resolution as substituted. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3379-04 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA APPROVING AND RATIFYING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BOARD OF PUBLIC SAFETY AND THE SOUTH BEND FIREFIGHTERS ASSOCIATION WHEREAS, pursuant to Indiana Code §36-8-3-3(d), the Common Council has the exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Fire Department before September 20, 2004; and WHEREAS, the Board of Public Safety had the "exclusive control over all matters and property relating" to the Fire Department pursuant to Indiana Code §36-8-3-2(b)(2); and WHEREAS, the Common Council and the City Administration have for the last twenty (20) years worked together to negotiate with the South Bend Firefighters Local 362 concerning such items as annual compensation, monetary fringe benefits, working conditions, and other items related to the South Bend Fire Department, all of which negotiations resulted in an agreement; and WHEREAS, in 2004 the Board of Public Safety appointed Charles S. Leone to lead the Board's labor negotiations with Local 362 with advisory City negotiating team Kathy 37 REGULAR MEETING SEPTEMBER 13,2004 Cekanski-Farrand, Ann Puzzello, Derek Dieter,Ervin Kuspa, Roland Kelly, Rick 011ett, and Rick Switalski; and WHEREAS, the Board of Public Safety of the City of South reached a new four(4) year Collective Bargaining Agreement with the South Bend Firefighters Association Local 362 which covers the years 2005 through 2008 which was recommended to the Board by the bargaining team; and WHEREAS, the Board of Public Safety of the City of South Bend approved and executed the new four(4) year Agreement on September 1, 2004. NOW, THEREFORE, BE IT RESOLVED,by the Common Council of the City of South Bend, Indiana as follows: Section I. The Collective Bargaining Agreement entered into and executed between the Board of Public Safety of the City of South Bend, and South Bend Firefighters Association Local 362 of the International Association of Firefighters, AFL-CIO is hereby approved and ratified and the parties commended for their good faith efforts in reaching this Agreement. Section II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Puzzello, Chairperson, Health and Public Safety 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. Councilmember Al `Buddy" Kirsits, Councilmember at Large, disclosed that he is a member of the South Bend Fire Department and after discussing this matter with Council Attorney Kathleen Cekanski-Farrand that they concur that there is no conflict of interest in this matter. Mr. Charles Leone, City Attorney, City of South Bend,residing at 1055 Riverside Drive, South Bend, Indiana, office located at 1400 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Leone advised at on September 1, 2004 the Board of Public Safety, on behalf of the City of South Bend, and the South Bend Firefighters Association Local 362 executed a collective bargaining agreement which covers the years 2005 through 2008. In reaching the agreement with Firefighters Local 362, the City legislature and administration worked together effectively and efficiently for the common good of all citizens. Mr. Leone stated that he was proud to be a part of this successful collaborative process and thanked the Council for their cooperation. A Public Hearing was held on the Resolution at this time. There being no one wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly 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 nine (9) ayes. BILL NO. 04-102 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,FORMALLY ACKNOWLEDGING THE ADOPTED OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIC FRAMEWORK FOR ALL EMERGENCY RESPONSE PROVIDERS 38 REGULAR MEETING SEPTEMBER 13,2004 Councilmember Puzzello made a motion to continue this bill at the request of the petitioner until the September 27, 2004 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RECESS Councilmember Pfeifer made a motion to recess for five (5) minutes. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILLS —FIRST READING BILL NO. 58-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA SUPPLEMENTING AND AMENDING ORDINANCE NO. 8919-98, CONCERNING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE SEWAGE WORKS OF THE CITY OF SOUTH BEND, AND THE ISSUANCE OF REVENUE BONDS TO PROVIDE THE COST THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS, THE SAFEGUARDING OF THE INTERESTS OF THE OWNERS OF SAID BONDS, AND OTHER MATTERS CONNECTED THEREWITH This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on September 27, 2004. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 59-04 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF THE EAST SIDE OF CHAPIN STREET NORTH OF SAMPLE STREET TO UNITED DRIVE AND APPROXIMATELY 720 FEET OF UNITED DRIVE RUNNING EAST FROM CHAPIN STREET. This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on September 27, 2004. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 60-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING$397,640 OF UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ECONOMIC DEVELOPMENT INITIATIVE GRANT FUNDS WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER-OLIVER PROJECT AREA 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 September 27, 2004. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. 39 1 REGULAR MEETING SEPTEMBER 13, 2004 BILL NO. 61-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND, INDIANA, TO ISSUE ITS "TAXABLE ECONOMIC" DEVELOPMENT REVENUE BONDS, SERIES 2004 (ERSKINE VILLAGE PROJECT)" AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO 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 September 27, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 62-04 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1442 DEERFIELD COURT AND 6450 MIAMI CIRCLE, COUNCILMANIC DISTRICT#5, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 63-04 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4528,4536, 4546, 4606 &4612 LAKE BLACKTHORN DRIVE, COUNCILMANIC DISTRICT #1 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS Common Council Standing Committee and Commission Reports: Area Plan Commission Council President White advised that the Common Council Standing Committee and Commission Report for the Area Plan Commission will be continued until the September 27, 2004 meeting. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS BY MR. CLEO WASHINGTON, DIRECTOR, SBC EXTERNAL AFFAIRS CONCERNING METRO NET Mr. Cleo Washington, Director, SBC External Affairs, 307 S. Main Street, South Bend, Indiana, residence 520 W. Wayne Street, South Bend, Indiana, spoke regarding Metro 40 REGULAR MEETING SEPTEMBER 13,2004 Net. SBC annually pays approximately $1.3 million dollars in both real and personal property taxes. SBC has 400 employees and 300 retirees living in South Bend. SBC employees have volunteered over 4,000 hours to community service in South Bend. SBC has donated over$700,000 dollars to non-profit organizations as well as $300,000 dollars to Project Future. Mr. Washington advised that South Bend and St. Joseph County already has access to advanced technologies found in leading-edge cities like Chicago, Los Angles and Dallas. Mr. Washington stated that if access to advanced technology was an issue or if competition did not already exist, Metro Net might make sense. But, the reality is that in 2003 SBC made approximately $15 million in capital investments in the area. As of today, there is no SBC service you can get in Chicago that is not available in South Bend. Furthermore, SBC Yahoo! DSL service is already available to 73 percent of St. Joseph County customers and SBC Indiana plans to extend the reach of broadband even further before year-end 2004. SBC invests in South Bend because competition in the telecom market has never been more vibrant with wire line, wireless, cable and satellite companies all competing for business. Mr. Washington concluded that after you have had the opportunity to reflect on our collective concerns, he would welcome the opportunity to talk with each Councilmember in more detail. COMMENTS FROM RICHARD POWERS REGARDING VOLUNTEERS IN POLICING (VIP) Mr. Richard Powers, 59175 Baneberry, South Bend, Indiana advised that he represents the Volunteers in Policing (VIP). He stated that currently there are 68 volunteers who have worked approximately 7,065 hours for the City of South Bend. Some of the places where the VIP's worked were at the Park Jefferson Apartment fire. The VIP's worked 3 shifts to help with police presence in the area. Mr. Powers noted that the VIP's helped at the Tree Lighting in front of the Morris Performing Art Center. They helped in the search and recovery of nine (9) lost children during the 2003/2004 year. Lastly during the Labor Day holiday, they are present for the ABATE Ride, which benefits muscular dystrophy. Mr. Powers along with Mr. Roger Nimtz, 5415 Abshire Drive, South Bend, Indiana, a volunteer in the VIPS program presented to Councilmember's Ann Puzzello, Chairperson, Health and Public Safety and Councilmember Derek D. Dieter, 1St District Councilmember a check for$123,058.91 in savings to the City of South Bend, Indiana for volunteer hours during the 2003/2004 year. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 9:52 p.m. II ATTEST: ATTEST: • / � ohn oorde, City Clerk aren L. White, President 41