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HomeMy WebLinkAbout02-23-04 Council Meeting Minutes REGULAR MEETING FEBRUARY 23 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, February 23, 2004, at 7:00 p.m. The meeting was called to order by Council President Karen L. White and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek Dieter 1st 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 Absent: Charlotte Pfeifer 2nd District 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 February 9, 2004 meeting 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 February 9, 2004 meetings of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a vote of nine (8) ayes. SPECIAL BUSINESS ANNOUNCEMENT OF REAPPOINTMENT TO THE ST. JOSEPH COUNTY ECONOMIC DEVELOPMENT COMMISSION Councilmember Coleman made a motion to reappoint Councilmember Roland Kelly to the St. Joseph County Economic Development Commission. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. -1- REGULAR MEETING FEBRUARY 23 2004 ANNOUNCEMENT OF APPOINTMENT TO THE HOUSING DEVELOPMENT CORPORATION Councilmember Coleman made a motion to appoint Councilmember Ann Puzzello to the Housing Development Corporation. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. ANNOUNCEMENT OF APPOINTMENT TO THE NEIGHBORHOOD RESOURCES AND TECHNICAL SERVICES BOARD Councilmember Coleman made a motion to appoint Councilmember Charlotte Pfeifer to the Neighborhood Resources and Technical Services Board. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. ANNOUNCEMENT OF DATES/TIMES CITY PLAN Council President Karen L. White announced the next City Plan Report Back Meeting dates are set for Tuesday, February 24, 2004 at Erskine Golf Course Club House (4200 Miami St.) and Thursday, February 26, 2004 at Western Branch Library(611 Lombardy Dr.) Councilmember White encourage community members to get involved in City Plan to create a vision for the future of South Bend. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Council Member Coleman made a motion to resolve into the Committee of the Whole. Councilmember Kuspa seconded, the motion which carried by a voice vote of eight (8) 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 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 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 head 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 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. -2- REGULAR MEETING FEBRUARY 23 2004 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. 4-04 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1020 HIGH STREET 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 Varner made a motion to withdraw this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 6-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING$155,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND. Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this Committee met this afternoon and sends this bill to the full Council with a favorable recommendation. Ms. Beth Leonard, Director Financial and Program Management, Community and Economic Development Department made the presentation for this bill. Ms. Leonard stated that this bill will allow for the appropriation of$155,000.00 of Urban Development Action Grant reimbursement funds for Predevelopment costs for pending development projects within the City. Predevelopment costs include items such as: market studies, appraisals,preliminary site plans, surveys, title work, environmental studies, etc. which are necessary to determine the feasibility of a project and determine whether it can/should proceed. In addition $50,000.00 represents anticipated City Plan contributions from our corporate sponsors. Ms. Leonard stated that if the $50,000.00 from the corporate sponsors does not come forward we will not spend those dollars. 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 was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Kelly made a motion to send this bill to the full Council favorably. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. -3- REGULAR MEETING FEBRUARY 23 2004 BILL NO. 7-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 20, ARTICLE 6, SECTION 20-67(h) OF THE SOUTH BEND MUNICIPAL CODE TO INCREASE PARKING FINDS IN DESIGNATING PROHIBITED OR LIMITED PARKING AREAS Councilmember Dieter Chairperson, Personnel and Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council favorable as amended. Mr. Tim Williams, Community and Economic Development Department made the presentation for this bill. Mr. Williams advised the Council that last fall the south Bend Common Council enacted Ordinance No. 9455-03 which increased the fine for overtime parking within the City from five dollars ($5.00) to ten dollars ($10.00), effective January 1, 2004. To be consistent, it is necessary that the separate section of the South Bend Municipal Code settings fines for parking in prohibited or limited parking area be changed. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 8-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2004 INCLUDING $4,851,855 FROM THE GENERAL FUND $1,485,585 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND $454,156 EMERGENCY MEDICAL SERVICES $12,427,438 FROM THE COUNTY OPTION INCOME TAX FUND, $1,654,201 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $905,513 FROM THE PARKS AND RECREATION FUND,$443,247 FROM THE PARKS NON-REVERTING CAPITAL FUND, $145,271 FROM THE PARK RECREATION NON-REVERTING FUND, $47,183 FROM THE EAST RACE WATERWAY FUND, $287,200 COVELESKI STADIUM, $3,439,221 FROM THE LOCAL ROADS AND STREETS FUND, $348,421 FROM THE PROJECT RELEAF FUND, $73,341 FROM THE CONSOLIDATED BUILDING DEPARTMENT FUND, $491,186 SOLID WASTE, $1,976,410 FROM THE WATER WORKS DEPRECIATION FUND, AND $2,859,855 FROM THE SEWAGE WORKS DEPRECIATION FUND Councilmember Puzzello made a motion to hear the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight(8) ayes. -4- REGULAR MEETING FEBRUARY 23 2004 Councilmember Dieter, Chairperson, Personnel and Finance Committee and Councilmember Varner, Chairperson, Public Works and Property Vacation Committee , reported that they held a joint committee meeting this afternoon and voted to send this bill to the full Council with a favorable recommendation. Mayor Stephen Luecke and Mr. Rick 011ett, City Controller, 14th Floor, County City Building, South Bend, Indiana, made the presentation for this bill. Mayor Luecke read into the record the amendments on the substituted bill. He indicated that the following amounts will be appropriated for capital expenditures for the fiscal year 2004: $4,160,483 from the General Fund; $1,433,380 from the Cumulative Capital Development Fund; $407,000 from the Emergency Medical Services; $12,437,135 County Option Income Tax Fund; $1,654,201 from the Economic Development Income Tax Fund;$30,000 from the Morris Performing Arts Center; $894,441 from the Parks and Recreation Fund; $312,300 from the Parks Non-Reverting Capital Fund; $115,000 from the Park Recreation Non-Reverting Fund; $14,000 from the East Race Waterway Fund; $287,200 Coveleski Stadium; $3,413,000 Local Roads and Streets Fund; $45,700 from the Project Releaf Fund; $27,900 from the Consolidated Building Department Fund; $483,400 Solid Waste, $1,699,228 from the Water Works Depreciation Funds and $446,300 Sewage Works Depreciation Fund. Mr. 011ett stated that the City anticipates making a variety of capital improvements to its various facilities and capital inventory during fiscal year 2004. He further noted that the City has determined that it is necessary and appropriate to make payment of these expenses and to appropriate sufficient funds from the various capital funds of the City to do so, and that it is in the best interests of the City that the same occur. 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 Kelly made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Puzzello seconded the motion which carried by a voice vote of eight(8) ayes. RISE AND REPORT Councilmember Puzzello made a motion to rise and report to the full Council. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. ATT T: ATTEST: j/.0 4 rVl S I oorde, City Clerk Sean Colem• • _hairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council chambers on the fourth floor of the County-City Building at 7:28 p.m. Council President Karen L. White presided with eight(8) members present. BILLS - THIRD READING -5- REGULAR MEETING FEBRUARY 23 2004 ORDINANCE NO. 9489-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING$155,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND. This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9490-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 20, ARTICLE 6, SECTION 20-67(h) OF THE SOUTH BEND MUNICIPAL CODE TO INCREASE PARKING FINDS IN DESIGNATING PROHIBITED OR LIMITED PARKING AREAS This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9491-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2004 INCLUDING $4,160,483 FROM THE GENERAL FUND $1,433,380 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND$407,000 EMERGENCY MEDICAL SERVICES $12,437,135 FROM THE COUNTY OPTION INCOME TAX FUND, $1,654,201 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $30,000 MORRIS PERFORMING ARTS CENTER$894,441 FROM THE PARKS AND RECREATION FUND, $312,300 FROM THE PARKS NON-REVERTING CAPITAL FUND, $115,000 FROM THE PARK RECREATION NON-REVERTING FUND, $14,000 FROM THE EAST RACE WATERWAY FUND, $287,200 COVELESKI STADIUM, $3,413,000 FROM THE LOCAL ROADS AND STREET FUND, $45,700 FROM THE PROJECT RELEAF FUND, $27,900 FROM THE CONSOLIDATED BUILDING DEPARTMENT FUND, $483,400 SOLID WASTE, $1,699,228 FROM THE WATER WORKS DEPRECIATION FUND, AND $446,300 FROM THE SEWAGE WORKS DEPRECIATION FUND This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Council Member Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS -6- REGULAR MEETING FEBRUARY 23 2004 RESOLUTION NO. 3305-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2629 FOUNDATION DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR VALUE PRODUCTION, 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 2629 Foundation Drive, South Bend, Indiana, and which is more particularly described as follows: 316.80'N & S x 450' E &W Beg 211.27' W & 1590.40 N SE Cor SW Sec 28-38-2E 3.27 Ac and which has Key Number 25-1010-010012 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 remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Mr. Nevin J. Siqueira,President, Value Production, Inc., 2129 Rockne Drive, South Bend, Indiana, made the presentation for this bill. Mr. Siqueira advised that this petition is for a personal property tax abatement for Value Production, Inc., which manufactures tooling for use in the aerospace, automotive,medical and commercial markets. Mr. Siqueira also noted that their products are used all over the world. This project calls for the purchase of new equipment that include two (2) mills, one (1) lathe and -7- REGULAR MEETING FEBRUARY 23 2004 a wire EDM. The new equipment will allow the company to increase production. The estimated project cost is $250,000. This petition will allow for the creation of four(4) new permanent jobs within the first year, representing a new annual payroll of$150,000 Per the petition, it is estimated that this project will help retain twenty(20) current jobs, representing a payroll of $823,560. 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 Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3306-04 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 515 WEST IRELAND ROAD, SOUTH BEND, INDIANA 46614, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, INC. WHEREAS,a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend,Indiana,requesting that the area commonly known as 515 West Ireland Road, South Bend, Indiana, and which is more particularly described as follows: A parcel of land located in the Southeast Quarter(S.E. 1/4) of the Northeast Quarter(N.E. 1/4) of Section Twenty-Six (26), Township Thirty-Seven (37) North, Range Two (02) East of the Second(2nd) Principal Meridian and all being in Center Township, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the southeast corner of the Southeast Quarter(S.E. 1/4) of the Northeast Quarter(N.E.1/4) of said Section Twenty-Six (26); thence South 90'- 00'-00" West (Bearing derived from description shown in Title Commitment 9501843 ) as issued by St. Joseph Title Corp.), along the south line of the Southeast Quarter(S.E.1/4) of the Northeast Quarter(N.E.1/4) of said Section Twenty-Six (26) and also being along the centerline of a public road now known as Ireland Road, a distance of 400.00 feet; thence North 01°- 30'-47" East, parallel with and 400.00 feet west of the east line of the Southeast Quarter (S.E. 1/4) of said Section Twenty-Six (26), a distance of 40.01 feet to the Point of Beginning of this description, said point of beginning being on the north right of way line of said Ireland Road and also being the southwest corner of a parcel conveyed to Roger R. Atwell and Eleanor Atwell as described in Quit Claim Deed No. 9416618; thence South 90 °- 00'-00" West, along said north right of way line of Ireland Road and being parallel with and 40.00 feet north of the south line of the Southeast Quarter(S.E. 1/4) of the Northeast Quarter(N.E. 1/4) of said Section Twenty-Six (26), a distance of 891.36 feet to a point on the west line of the Southeast Quarter(S.E.1/4) of the Northeast Quarter(N.E.1/4) of said Section Twenty-Six (26) and also being the southeast corner of a parcel conveyed to Louanne Osborne as described in Warranty Deed 9326881; thence North 00°- 58'- 55" East, along the west line of the Southeast Quarter(S.E.1/4) of the Northeast Quarter(N.E.1/4) of said Section Twenty-Six (26) and also being along the east -8- REGULAR MEETING FEBRUARY 23 2004 line of said parcel conveyed to Louanne Osborne and also along the east line of a parcel conveyed to Transit Mix, Inc. as described in Warranty Deed 9018257, a distance of 955.26 feet to a point which is South 00°- 58'-55" West -- 314.00 feet from a stone found at the northwest corner of the Southeast Quarter (S.E.I/4) of the Northeast Quarter (N.E.1/4) of said Section Twenty-Six (26); thence North 89°- 42'-44" East, along the south line of two (02)parcels conveyed to Miles Laboratories, Inc. as described in Warranty Deed 7903212 and Warranty Deed 8501215, a distance of 1270.41 feet to a point on the west right of way line of a public street now known as Lafayette Street; thence South 01°- 30'-47" West, along said west right of way line of Lafayette Street and being parallel with and 30.00 feet west of the east line of the Southeast Quarter(S.E. 1/4) of the Northeast Quarter(N.E.1/4) of said Section Twenty-Six (26), a distance of 602.05 feet to the northeast corner of a parcel conveyed to Arthur Fontonelli and as described in Warranty Deed 9335926; thence South 90° - 00'-00" West, along the north line of said parcel conveyed to Arthur Fontonelli and also being along the north line of a parcel conveyed to Arthur Fontonelli as described in Corporate Warranty Deed 9335926, a distance of 370.00 feet to the northwest corner of said parcel conveyed to Arthur Fontonelli ; thence South 0 1°- 30'-47" West, along the west line of said parcel conveyed to Arthur Fontonelli, a distance of 360.00 feet to the Point of Beginning of this description and containing 24.793 Acres, more or less. and which has Key Number 23-1013-0758 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 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 an Economic Revitalization 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 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; -9- — ,— REGULAR MEETING FEBRUARY 23 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 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 thirty(30) months 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 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 eight(8) 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. Richard Deal, Attorney, Barnes & Thornburg, 100 N. Michigan, South Bend, Indiana, made the presentation for this resolution. Mr. Deal stated that Lock Joint Tube, Inc. is a manufacturer of commercial steel tubing used in a variety of industries, including stone fixtures, health care equipment, exercise equipment, office furniture and automotive. Mr. Deal further noted that the project includes the purchase and installation of a high-speed mill, uncoiling and staging equipment, coil feeders, dies welders, scarfing units, mill stands, cutting and butting -10- REGULAR MEETING FEBRUARY 23 2004 equipment. The total estimated cost of the new equipment will be approximately$1.5 to $4.0 million. Mr. Deal also indicated that the project will create four(4) new pemianent jobs within the first year, representing a new annual payroll of$116,000, and will help retain two hundred and forty two (242) currents jobs, representing a payroll of$8,800,000. Mr. Robert Strzelecki, Corporate Controller, Lock Joint Tube was also present to answer questions. A Public Hearing was held on the Resolution at this time. There was 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 as substituted. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3307-04 A RESOLUTION OF THE COMMON COUNCIL OF CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2309, 2315, 2503, 2513, 2525, 2537, 2603, 2310, 2402, 2432, 2502, 2512, 2524, 2536, 2548, 2608 AND 2620 EMERSON FOREST PARKWAY AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR WOODHAVEN, LLC WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the areas commonly known as 2309, 2315, 2503, 2513, 2525, 2537, 2603, 2310, 2402, 2432, 2502, 2512, 2524, 2536, 2548, 2608 and 2620 Emerson Forest Parkway, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 2309 Emerson Forest Parkway Lot#9 Emerson Forest Section One 18-8154-5545-34 2315 Emerson Forest Parkway Lot#11 Emerson Forest Section One 18-8154-5545-32 2503 Emerson Forest Parkway Lot#48 Emerson Forest Section One 18-8154-5545-27 2513 Emerson Forest Parkway Lot#49 Emerson Forest Section One 18-8154-5545-26 2525 Emerson Forest Parkway Lot#50 Emerson Forest Section One 18-8154-5545-25 2537 Emerson Forest Parkway Lot#51 Emerson Forest Section One 18-8154-5545-24 2603 Emerson Forest Parkway Lot#52 Emerson Forest Section One 18-8154-5545-23 2310 Emerson Forest Parkway Lot#159 Emerson Forest Section One 18-8154-5545-06 2402 Emerson Forest Parkway Lot#160 Emerson Forest Section One 18-8154-5545-07 2432 Emerson Forest Parkway Lot#163 Emerson Forest Section One 18-8154-5545-10 2502 Emerson Forest Parkway Lot#195 Emerson Forest Section One 18-8154-5545-11 2512 Emerson Forest Parkway Lot#196 Emerson Forest Section One 18-8154-5545-12 2524 Emerson Forest Parkway Lot#197 Emerson Forest Section One 18-8154-5545-13 2536 Emerson Forest Parkway Lot#198 Emerson Forest Section One 18-8154-5545-14 2548 Emerson Forest Parkway Lot#199 Emerson Forest Section One 18-8154-5545-15 2608 Emerson Forest Parkway Lot#201 Emerson Forest Section One 18-8154-5545-17 2620 Emerson Forest Parkway Lot#202 Emerson Forest Section One 18-8154-5545-18 -11- REGULAR MEETING FEBRUARY 23 2004 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 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 sea., for tax abatement. SECTION H. 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 -12- 1 REGULAR MEETING FEBRUARY 23 2004 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 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. J. Bernard Feeney, Registered Land Surveyor, Lang, Feeney&Associates, Inc., 715 S. Michigan St., South Bend, Indiana, made the presentation for this bill. Mr. Feeney advised that the petitioner Wodhaven, LLC., proposes to develop eighteen(18) stick-built single family homes in Section One of the Emerson Forest subdivision. The -13- REGULAR MEETING FEBRUARY 23 2004 subdivision will be open to a number of builders including Garden Homes, Places Builders and RLK homes. Ranches will have a minimum of one-thousand (1,000) square feet. Two story homes will have a minimum of one-thousand two hundres (1,200) square feet. The homes will have 2-4 bedrooms, full basements and an attached garage. The average cost of these homes is expected to be $125,000. 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 Kelly made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight(8) ayes. BILLS - FIRST READING BILL NO. 10-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; DUANE O. AND VIRGINIA M. ZEIGER, 20000 - 21000 BLOCK, SOUTH SIDE OF KERN ROAD This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Second Reading on March 22, 2004 and Third Reading on April 12, 2004. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 11-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN PORTAGE TOWNSHIP CONTIGUOUS THEREWITH; RONALD &BEVERLY MATTHYS LLC., AN INDIANA LIMITED LIABILITY COMPANY &ARBORS AT BELLEVILLE PARK, L.P., 57500 BLOCK OF MAYFLOWER ROAD, SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 12-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 5 ENTITLED "STUN GUN REGULATIONS" This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on March 8, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. -14- REGULAR MEETING FEBRUARY 23 2004 BILL NO. 13-04 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND LOTS 11, 12, 13, 14, 15, 16, 17, 18, 19 AND 20 IN DINAN'S SECOND ADDITION TO THE CITY OF SOUTH BEND AND THE PARCEL OF PROPERTY BETWEEN THE SOUTH AND THE EAST ENDS OF SAID LOTS AND THE WEST END OF LOTS 1 THROUGH 10 IN SAID ADDITION. THIS PROPERTY IS COMMONLY KNOWN AS 508-536 CRESCENT AVENUE, SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on March 8, 2004. Councilmember Varner seconded the motion which carried by a voice vote of eight(8) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on February 17, 2004: BILL NO. 3-04 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 234 TONTI STREET IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on March 8, 2004. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS Council President White thanked South Bend Tribune Reporter Terry Bland for his article on Citizen Participation for the Common Council Standing Committees. The South Bend Common Council will make their appointments at the March meeting. PRIVILEGE OF THE FLOOR COMMENTS BY MR. JIM CIERZNIAK CONCERNING THE COLLEGE FOOTBALL HALL OF FAME Mr. Jim Cierzniak, 1156 E. Victoria, South Bend, Indiana, informed the Council that the College Football Hall of Fame Financial Report for 2003 shows how the Hall is doing on its own merits, (before City tax funds and sponsorships/contributions are considered.) Mr. Cierzniak further noted that the average annual figures for the last five (5) years, 1998 - 2002 Revenue was $540,792; Expenses, $1,502,247; loss, 961,455. Considering those figures, 2003 was an improvement: Revenue, $585,223; Expenses, $1,410,078; loss, $824,855. Mr. Cierzniak noted that the loss for 2003 is 14% less than the preceding 5-year average. Mr. Cierzniak indicated that the net operating loss of$824,855 was covered by these items from the enclosed statement from the National Football Foundation: Hotel-Motel Tax $460,991; Professional Sports Development Fund (PSDF) $251,593; -15- REGULAR MEETING FEBRUARY 23 2004 Sponsorships $135,000; Contributions -Public Support$19,916;NFF Endowment-Drawdown $9,500; Total $877,000; Minus Net Income Per Statement $52,145; Operating loss, as above $824,855. Mr. Cierzniak noted that the tax money sent to the NFF by the City(Hotel-Motel and PSDF) accounts for 86% of the operating loss. Mr. Cierzniak stated that he wrote a letter to the Executive Director of the Hall, Bernie Kish, asking several questions. 1.) Whose funds (City's or NFF's) provide the investment income for the $70,376 figure at the bottom of the NFF's statement? 2.) What accounts for the steep decline in PSDF from $323,342 in 2002 to $251,593 in 2003? Mr. Cierzniak also noted that the biggest achievements for the Hall in 2003 were that admission income was up $51,074 a 22% increase from 2002. But more, context, 2002 was the worst year of the five year period from 1998 to 2002. Mr. Cierzniak noted that enshrinement (net) up almost $40,000 from 2002, Special events (net) up almost $40,000 from 2002. Mr. Cierzniak indicated that as in last year's report, the NFF does not show how much was spent for marketing. The Hotel-Motel tax money was to be used for that purpose. Is it? Highly doubtful. Mr. Cierzniak noted that the attendance for 2003 was 68,378; in 2002 it was 64,815 and that average ticket price for 2003 was $4.21 and in 2002 it was $3.65. Mr. Cierzniak stated that on the NFF's statement, there is an error in the total "Variance" figure. COMMENTS BY MR. JOHN SWANSON CONCERNING CITY WIDE YOUTH CENTER Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, informed the Council that he would like to see a center or gym be built and open twenty-four(24)hours a day. ANNOUNCEMENT OF NEXT MEETING DATE Council President White announced that the next meeting of the Common Council will be held on Monday, March 8, 2004. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 7:55 p.m. ATTEST: ATTEST: _ Alta ohn •orde, City Clerk Karen L. White, President • -16-