Loading...
HomeMy WebLinkAbout05-12-03 Council Meeting MinutesREGULAR MEETING MAY 12, 2003 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, May 12, 2003, 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: James Aranowski 1" District Roland Kelly 31 District Karl King 4 ' District Chairperson, Committee of the Whole David Varner 5th District Ervin Kuspa 6th District Sean Coleman At -Large Vice - President Al `Buddy" Kirsits At -Large Karen L. White At -Large President Absent: Charlotte Pfeifer 2nd District OTHERS PRESENT: Kathleen Cekanski - Farrand Loretta J. Duda Sandra M. Parmerlee Janice I. Talboom Council Attorney City Clerk Chief Deputy City Clerk 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 April 28, 2003 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 April 28, 2003 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS REGULAR MEETING MAY 12, 2003 Whereas, the Common Council of the City of South Bend, Indiana, notes that in 2002, 152 law enforcement officers were killed in the line of duty in the United States; and notes that earlier today the men and women of the Fraternal Order of Police, Lodge #36 conducted the City's annual tribute and memorial service at the Municipal Services Facility where police officers who have given their lives in the line of duty while serving the citizens of the City of South Bend, Indiana, were honored; and Whereas, the Common Council recognizes that the following South Bend Police Officers were killed in the line of duty: HANS BRANDT PAUL R. DEGUCH NEIL MCINTYRE FRED E. BULAND THOMAS J. DE RUE, SR. DELBERT THOMPSON OSCAR CHRISTENSON CHARLES E. FARKAS, SR. LLOYD THOMPSON SAMUEL COOPER RONALD ST. GERMAIN , SR. HOWARD WAGNER LEWIS KELLER Whereas, the National Law Enforcement Officers Memorial in Washington, D.C. was dedicated on October 15, 1991, and bears the names of over 16,722 peace officers who were killed in the line of duty since 1792; and will have the names of the 152 federal, state and local police officers who were killed in 2002 added to the memorial this year to commemorate those officers who served as the "thin blue line" standing between the lawful and the lawless. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commemorates and honors the thirteen (13) members of the South Bend Police Department who paid the ultimate sacrifice while serving and protecting the residents of our city. Section II. The Common Council honors each of these fallen police heroes, not because of the way each of them died, but rather because of the way each of these officers lived and performed their police duties every day that they served as a member of the South Bend Police Department. Section III. The Common Council hereby declares the week of May 12, 2003, as LAW ENFORCEMENT MEMORIAL WEEK IN SOUTH BEND, INDIANA, and urges all citizens to work together toward peace and harmony in all of our neighborhoods in partnership with our dedicated police officers. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s /Ervin Kuspa, Sixth District s/Roland Kelly, Third District s /Sean Coleman, At Large s /Karl King, Fourth District s /Al `Buddy" Kirsits, At Large s /Dr. David Varner, Fifth District s/Karen L. White, At Large L�J 1 s REGULAR MEETING MAY 12, 2003 Chief Fautz thanked the Council for this Resolution which honors those officers who made the ultimate sacrifice. He also asked the Council to remember Officer Anthony Ross who is serving in the Persian Gulf as well as Officer Ray Wolfenbarger who is continuing to recover from a gun shot wound he received in the line of duty and who is struggling to return to the job that he loves. 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 eight (8) ayes. RESOLUTION NO. 3183 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING AL "BUDDY" KIRSITS FOR HIS TRULY HEROIC ACTIONS OF SAVING A 53 -YEAR OLD MAN'S LIFE ON APRIL 29, 2003 WHILE OFF -DUTY FROM THE SOUTH BEND FIRE DEPARTMENT Whereas, the Common Council of the City of South Bend, Indiana, notes that Al "Buddy" Kirsits has been a member of the South Bend Fire Department for 24 years, with 15 of those years being served as a Battalion Chief, and Whereas, the Common Council recognizes that Buddy's duties have included serving on the Fire Department's Dive Team and the HazMat Team; and being an instructor for Red Cross and the National Instructor for the Personal Watercraft Industry Association; and Whereas, on Tuesday, April 29, 2003, while off -duty and while car - pooling his oldest son, Jonathan and four of his friends from Holy Cross School, Buddy noticed a tremendous amount of black smoke and drove to a home on King Street which was totally engulfed with flames and thick dark smoke; and Whereas, after calling fire dispatch and securing his passengers at a safe location, he was advised that a person was in the home and without hesitation, Al `Buddy" Kirsits kicked down a dead - bolted front door and crawled through thick smoke to rescue a man found inside; and Whereas, the South Bend Common Council recognizes that Al `Buddy" Kirsits moved the bar several notches higher when he "stepped forward and did what had to be done" during this recent emergency situation which threatened loss of life and property. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all citizens of the City of South Bend, Indiana, the Common Council is extremely proud to commend one of our own, Council Member Al `Buddy" Kirsits, for his heroic REGULAR MEETING MAY 12, 2003 Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s /Ervin Kuspa, Sixth District s/Roland Kelly, Third District s /Sean Coleman, At Large s/Karl King, Fourth District s/Karen L. White, At Large s/Dr. David Varner, Fifth District s/Kathleen Cekanski - Farrand, Council Attorney ATTEST: s /Loretta J. Duda, City Clerk s /Stephen J. Luecke, Mayor First District Councilmember Jim Aranowski, 2229 Pine Creek Court, South Bend, Indiana, made the presentation for this Resolution by reading it in its entirety and presenting it to Councilmember and Fire Department Battalion Chief Al `Buddy" Kirsits who was joined by his family. A Public Hearing was held on the Resolution at this time. Fire Chief Luther Taylor, 701 West Sample Street, South Bend, Indiana, thanked the Council for this Resolution on behalf of the South Bend Fire Department. He noted that in all the training that firefighters go through, there is no training for what Chief Kirsits did on that particular day. It was a moment's decision to know whether or not he should do what he did. Chief Taylor thanked Officer Kirsits for his dedication and heroic effort and the decision he made that he may be able to save someone's life. There was no one else present wishing to speak in favor of this Resolution and there was no one present wishing to speak in opposition to this bill. Therefore, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried by acclamation. Councilmember Kirsits thanked the Council for this Resolution which he considers special because it comes for a group of his peers. He stated that he accepts this Resolution for all firefighters, police officers, public safety officers and other individuals who often do many important things and never get recognized. RESOLUTION NO. 3184 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FORMALLY RECOGNIZING NATIONAL TRANSPORTATION WEEK AND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION (TRANSPO) Whereas, the South Bend Common Council notes that in 1962 President John F. Kennedy declared that the 3rd week in May of each year would be National Transportation Week which would be an opportunity to celebrate achievements in transportation; and REGULAR MEETING MAY 12, 2003 Motor Bus service began and charged an 8 cent fare, with the electric streetcars being totally retired from service on June 15, 1940; and Whereas, in 1967 the South Bend Public Transportation Corporation was formally established and maintained the 30 cent fare which was first established in 1964; and Whereas, in 1998 TRANSPO's South Street Station transfer center opened as an integral part of a planned intermodal network designed to better serve transportation needs and that same year BOLT, the Battery Operated Local Transit shuttle began service in the city; and Whereas, in 2002 TRANSPO introduced bike racks and on April 28, 2003, TRANSPO received a $5.4 million federal grant for the replacement of the 23 flexible diesel buses so that the total fleet of 52 buses may operate more efficiently as they operate 17 routes while transporting over 2.5 million passengers annually. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all the citizens of the City of South Bend, Indiana, the Common Council hereby publicly recognizes National Transportation Week and commends TRANSPO for the many fine quality services it provides to our community. Section II. In addition to providing quality transportation service with a fleet which includes improved accessibility for persons with disabilities and cleaner- burning engines, TRANSPO is a true partner with the City of South Bend, and has often provided transportation for individuals who are displaced from their homes due to fires; transported the Chamber Leadership Program members, transported many of the South Bend Firefighters for fire department funerals; and transports obese medical patients with paramedics in their specialized buses —with these being just some of the many exceptional services provided by TRANSPO. 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 /James Aranowski, First District s /Roland Kelly, Third District s /Karl King, Fourth District s /Dr. David Varner, Fifth District ATTEST: s /Loretta J. Duda, City Clerk s /Ervin Kuspa, Sixth District s /Sean Coleman, At Large s /Al `Buddy" Kirsits, At Large s/Karen L. White, At Large s/Kathleen Cekanski- Farrand, Council Attorney s /Stephen J. Luecke, Mayor Councilmember Al `Buddy" Kirsits made the presentation for this Resolution by reading it in its entirety and presenting to it Ms. Mary McLain representing TRANSPO. A Public Hearing was held on the Resolution at this time. REGULAR MEETING MAY 12, 2003 Councilmember Varner made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried by acclamation. Ms. Mary McLain thanked the Council for this recognition of National Transportation Week. She stated that they are proud to be a partner with the City of South Bend. They recognize that the service that they provide is a very valuable one and adds to the fabric of life in the community. Ms. McLain informed the Council that to show appreciation, on Friday, May 16, 2003 all fares on TRANSPO will be twenty -five cents ($.25), which is a reduction of fifty cents ($.50) from the regular fare. This is just a small token of TRANSPO's way of showing their customers how much their business is appreciated. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:20 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember King, Chairperson, Committee of the Whole, presiding. Councilmember King noted that this is the portion of the meeting in which members of the Council meet as the Committee of the Whole to hear presentations and public comment on bills submitted for ordinance consideration. After the hearing on each bill, this committee will vote on the disposition of the bill which typically is to send it to the full Council with either a favorable or an unfavorable recommendation. Article 1, Section 2 -11 of the South Bend Municipal Code requires that prior to the commencement of any hearings, the Chairperson of the Committee of the Whole briefly explain the procedure that will be followed for all public hearings on bills filed for ordinance consideration. Councilmember King noted that 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 on 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 member of the public 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) i REGULAR MEETING MAY 12, 2003 8. Finally, the Council portion of the hearing takes place in which members will discuss the bill and vote on its disposition. Councilmember King advised that Bill No. 31 -03 will not be heard this evening because the Petitioner has requested that it be postponed until the May 27, 2003 meeting of the Council. PUBLIC HEARINGS BILL NO. 30 -03 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF FELLOWS STREET FROM THE SOUTH R/W LINE OF INDIANA AVENUE TO THE NORTH R/W LINE OF AN EAST /WEST ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. PART OF STUDEBAKER' S 1ST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Brian Zbrzezny, 514 East Indiana Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Zbrzezny advised that he is requesting this vacation to improve the safety of the community. He noted that over the past three (3) years that he has lived at this address there have been a high number of vehicles traveling through the alley at unsafe speeds. These vehicles do not stop for alley intersections or cross intersections. Additionally, there have been several police chases through the alley both on foot and in vehicles. Mr. Zbrzezny indicated that the alley to be vacated is located between the two (2) properties that he owns at 514 East Indiana Avenue and 518 East Indiana Avenue and is not used for trash pick -up. He also indicated that vehicles using this alley have driven through his backyard by cutting the corner by as much as five (5) to ten (10) yards. Mr. Zbrzezny noted that there are no garages that would access this alley and he plans to fence this area in once it is vacated. 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 Coleman seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING MAY 12, 2003 the Council at the request of the Petitioner. Council President White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 32 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR AND /OR CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, TO MAKE TEMPORARY LOANS TO MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2002, AND COLLECTABLE IN THE YEAR 2003; AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS; AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON Councilmember Aranowski, Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon and sends this bill to the full Council with a favorable recommendation. Mr. Rick 011ett, Controller, City of South Bend, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. 011ett advised that this bill authorizes the City to borrow amounts to meet current running expenses of various funds of the City. This bill will pledge property tax revenues to repay these loans. Due to the court ordered statewide reassessment of all property in Indiana, the County Assessors initiated a process to evaluate the value of property according to market values within the various taxing districts. This process is time consuming and extensive and covers tens of thousands of residential, commercial, utility and agriculture properties. The process is taking longer than the normal annual updating for virtually all counties throughout Indiana. The state legislature recognized the extended reassessments process will delay the mailing of correct tax bills this year which in turn delays the payment of property taxes by individuals and corporations to the counties and this in turn delays the distribution to various government municipalities and county agencies. With this in mind the state legislature authorized the counties to issue provisional tax bills for up to fifty percent (50 %) of 2001's tax levies within the next few weeks. Subsequently, in the fourth quarter of this year, a second tax bill will be calculated and sent to taxpayers which adjusts the total year's tax bill to the correct amount. This delay in the provisional tax bills and collection process places the City of South Bend with the need to borrow short term amounts that will be paid off with the tax distributions when those are transferred from the County. Mr. 011ett noted that there are seven (7) funds of the Civil City that normally receive property tax distributions in June but will not receive them on time this year. The City of South Bend has long exercised strong financial discipline in its annual budget process by setting aside reserves to act as a support for the stable i REGULAR MEETING MAY 12, 2003 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 33 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $129,500 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 King, Chairperson, Community and Economic Development Committee, reported that this committee held a Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Beth Leonard, Community and Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill will provide one hundred twenty -nine thousand five hundred dollars ($129,500.00) for predevelopment costs throughout the City. A portion of this money will be used to continue the City Plan activities and nine thousand five hundred dollars ($9,500.00) of the allocation represents the contributions that they have received from corporate sponsors for the City Plan activities. 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. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 34 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $68,000 WITHIN THE C.O.I.T FUND (FUND #404) FOR THE PURPOSE OF ADMINISTERING EMPLOYMENT COUNSELING PROGRAMS THROUGH THE WORKFORCE INVESTMENT BOARD Councilmember Aranowski, Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon and sends this bill to the full Council with a favorable recommendation. Mr. Rick 011ett, Controller, City of South Bend, 14th Floor, County -City Building, South Bend, REGULAR MEETING MAY 12, 2003 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 in favor of this bill. The following individual spoke in opposition to this bill: Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, inquired if this is a sixty -eight thousand dollars ($68,000.00) loan from the COIT funds which he thought was supposed to be used for infrastructure and big projects that this community could not handle unless it had a County Option Income Tax. He noted that as he reviews the COIT spending, he finds all kinds of charitable activities that the City finances out of this fund. He inquired if the sixty eight- thousand dollars ($68,000.00) is just going to be COIT funds spent or will the City be reimbursed dollar for dollar from some federal or state government. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mr. 011ett advised that this represents a grant program and sixty -eight thousand dollars ($68,000.00) is the maximum that could be spent. The process is one that the City has seen before where the COIT fund is reimbursed from either state or federal funds depending on how the grant is written. There are several different sources but dollar for dollar used will be reimbursed to the COIT fund. Councilmember Varner stated for the record that a letter from the Department of Community and Economic Development indicates that sixty -eight thousand dollars ($68,000.00) in state grants will reimburse the COIT funds. Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Council President White seconded the motion which carried by a voice vote of eight (8) ayes. A ATTEST' Loretta da, ty Clerk ng, er n mmittee o he Ole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:40 p.m. Council President Karen L. White presided with eight (8) members present. 0 REGULAR MEETING MAY 12, 2003 OF INDIANA AVENUE TO THE NORTH R/W LINE OF AN EAST /WEST ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. PART OF STUDEBAKER' S 1ST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. 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 eight (8) ayes. ORDINANCE NO. 9417 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR AND /OR CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, TO MAKE TEMPORARY LOANS TO MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2002, AND COLLECTABLE IN THE YEAR 2003; AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS; AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON 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. 9418 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $129,500 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 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. 9419 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $68,000 WITHIN THE C.O.I.T FUND (FUND #404) FOR REGULAR MEETING MAY 12, 2003 RESOLUTIONS RESOLUTION NO. 3185 -03 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 121 WEST LASALLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR BRAY OKILO, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 121 West LaSalle Street, South Bend, Indiana, and which is more particularly described as follows: Lots numbered 74 and 75 and 173, as shown on the recorded Original Plat of the town, now City of South Bend, St. Joseph County, Indiana and which has Key Number 18 -1003 -0120, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -1 et sec ., and South Bend Municipal Code Sections 2 -76 et SeMc .; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et sec ., and South Bend Municipal Code Sections 2 -76 et sue., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et se_ _ c�., and qualified under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is ■ REGULAR MEETING MAY 12, 2003 expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits Form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1- 2.5,said publication providing notice ofthe public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this Resolution this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. John Firth, Executive Vice President and General Counsel, Quality Dining, Inc., parent company of Bravokilo, 4220 Edison Lakes Parkway, Mishawaka, Indiana, made the presentation for this bill. Mr. Firth requested tax abatement for the Burger King restaurant located at 121 West LaSalle Street, South Bend, Indiana. He noted that this restaurant was the first Burger King restaurant that their REGULAR MEETING MAY 12, 2003 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 noted that on the advice of Council Attorney Kathleen Cekanski Farrand, he is disclosing that he has an interest in Quality Dining but it is not at the level that would constitute a conflict of interest and he will be voting on this bill. Therefore, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3186 -03 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 3333 WEST LATHROP DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TOTAL ENTERPRISES, LTD. 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 3333 West Lathrop Drive, South Bend, Indiana, and which is more particularly described as follows: PARCEL I: A tract of land in the Southeast Quarter of Section Twenty -eight (28), Township Thirty -Eight (38) North, Range Two (2) East, German Township, St. Joseph County, Indiana. PARCEL II: A part of the Southeast Quarter of Section Twenty -eight (28), Township Thirty -eight (38) North, Range Two (2) East, German Township, St. Joseph County, Indiana. PARCEL III: A part of the Southeast Quarter of Section Twenty -eight (28), Township Thirty -eight (38) North, Range Two (2) East, St. Joseph County, Indiana. and this property has Key Number 25 -1010 -0409, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et se ., and South Bend Municipal Code Sections 2 -76 et sea., and; t REGULAR MEETING MAY 12, 2003 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 sea., 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 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. REGULAR MEETING MAY 12, 2003 the Council with a favorable recommendation. Mr. Tom Walz, Hahn, Walz and Knepp, 509 West Washington Street, South Bend, Indiana, made the presentation for this bill. Mr. Walz advised that he represents Total Enterprises and that he and Mr. Jack Long are present to answer any questions the Council may have regarding this tax abatement. Mr. Watz stated that Total Enterprises is going to be acquiring a 1996 Giddings & Lewis CNC Horizontal Boring Machine and related equipment. The project will create conservatively two (2) full time and two (2) part time new employment positions. The project will initially add an increase in payroll of approximately one hundred eighty -seven thousand dollars ($187,000.00). The addition of this equipment will have a ripple effect on the business operations and will hopefully add more employment positions. The cost of the machine is three hundred fifty thousand dollars ($350,000.00). This machine adds the next generation of technology to Total Enterprises and will also perpetuate its existence in South Bend. Mr. Walz advised that it appears that there will be a tax abatement of approximately forty thousand dollars ($40,000.00) with the total tax liability being approximately sixteen thousand dollars ($16,000.00). Additionally, Total Enterprises has made a firm commitment in employing minority individuals in their operations and has a very solid history in doing so in all of its employment practices. 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 eight (8) ayes. Mr. Watz offered his compliments to the Redevelopment Commission with whom he has had many dealings. He noted that they have been very accommodating and the community is very well served by the Community Development Department. RESOLUTION NO. 3187 -03 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 3751 OLIVE ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GIBBS WIRE AND STEEL 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 3751 Olive Road, South Bend, Indiana, and which is i REGULAR MEETING Sections 2 -76 et seq., and; MAY 12, 2003 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 sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the 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 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 REGULAR MEETING MAY 12, 2003 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 King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send this Resolution to the Council with a favorable recommendation. Mr. John Mintun, Operations Manager, 3347 Field Gate Drive, South Bend, Indiana, made the presentation for this Resolution. Mr. Mintun advised that in the mid 1960's Gibbs started as a ten thousand (10,000) square foot facility on Sheridan Street. Since that time they have grown and in 2001 built a one hundred sixty seven thousand (167,000) square foot facility for which they received a tax abatement. The business has expanded over the last ten (10) years and the new equipment that they intend to buy will cost about $1 million dollars and will add four (4) full time employee positions which could increase in the future. 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 Varner 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. RESOLUTIONNO. 3188 -03 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2316 AND 2251 CRANSTON STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GIBRALTAR HOME BUILDERS LIMITED PARTNERSHIP WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2316 and 2251 Cranston Street, South Bend, Indiana, and which are more particularly described as follows: 0 REGULAR MEETING MAY 12, 2003 WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 2663 -98 on August 10, 1998; and WHEREAS, the petitioner has requested an additional period of time to complete construction of the planned project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, 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: 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. REGULAR MEETING MAY 12, 2003 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 reconfirms its Declaratory Resolution and its Confirmatory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to SIX (6) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et se . SECTION VI. 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 King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Peter Barberino, Sr., 20200 Jewell Road, South Bend, Indiana, made the presentation for this Resolution. Mr. Barberino explained that Staffordshire Subdivision is located at the southeast corner of Ironwood and Jackson Road. The subdivision was granted a five (5) year residential real property tax abatement on August 10, 1998. The Resolution confirmed the declaratory resolution designating the area as a residentially distressed area and the designation was limited to five (5) calendar years. Mr. Barberino advised that they have two (2) lots left and they would like a one (1) year extension on this tax abatement. 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 eight (8) ayes. RESOLUTION NO. 3189 -03 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6661 LONEWOLF REGULAR MEETING MAY 12, 2003 WHEREAS, a Declaratory Resolution designated the area commonly known as 6661 Lonewolf Court, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast & Southeast Quarters of Section 19, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana. and which has Key Number 25 -1011 -0610, 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; and WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 2905 -00 on July 10, 2000; and WHEREAS, the Petitioner has exceeded the two year designation period granted in the Confirmatory resolution, which expired on June 26, 2002; and WHEREAS, the Petitioner has requested an additional period of time to complete construction of the planned project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Petitioner acknowledges that due to unforeseen problems that have occurred onsite and within the new building, it exceeded the two year designation period granted in the Confirmatory Resolution. Among the delays incurred by the petitioner: A. Custom made roofing material that did not properly form to the curve of the roof. New methods had to be developed and tested to deal with the difficulties of the installation. A solution was eventually found and the roof won the 2002 Excellence in Construction Award from the Michiana Builders Association. B. Custom material for the east canopy of the building were delivered to the job site with unacceptable manufacturing flaws. Specific design issues were identified as the problem and the manufacturer had to reproduce the entire order. C. Several equipment losses and related problems have occurred during the construction process resulting in various construction delays. REGULAR MEETING Resolution by the Common Council. MAY 12, 2003 SECTION III. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et se . SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Karen L. White Member of the Common Council Councilmember King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this Resolution this afternoon and voted to send it to the Council with a favorable recommendation. Mr. Kevin Smith, Deluxe Sheet Metal, 506 West South Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Smith informed the Council that he appreciates the Council taking the opportunity to reconsider extending the time frame of this tax abatement and outlined some of the reasons for the delays. He noted that there were difficulties with easements in joining three (3) separate parcels which delayed the final location of the building on the site. The terrain turned out to be challenging and required over two hundred thousand (200,000) yards of dirt to be relocated on the site. An engineering solution had to be created to eliminate the erosion that was caused by a mile and a half of the Toll Road drainage onto the property which yielded a four (4) foot diameter culvert. The completion of the road was delayed for six (6) months which pushed the start of the project back accordingly. There were delays because of the winter conditions and the steel. The design of the building is unique and created some delays in manufacturing. Eighty (80) foot roof panels that were shipped were not usable and had to be re- manufactured and shipped back in. Mr. Smith noted that at seventy per cent (70 %) of the completion of the shell he had numerous inquiries for office space which would have put the building at less than ten per cent (10 %) expansion capabilities. It was decided at that time to explore options and he chose to expand the building within. Therefore, the construction was halted so the facility could be re- engineered to expand the second floor and add a third floor. The facility went from a forty -seven thousand (47,000) square foot facility to its current state which is sixty -seven thousand (67,000) square feet. Additionally, the Studebaker Museum had considered the possibility of locating their new museum into the Deluxe Sheet Metal present facility which would have required them to vacate additional square footage so there was a thought that additional square footage would have to be added to the new facility. Construction was slowed to see whether or not that was going to transpire. After nine (9) months, the museum decided not to move in. Mr. Smith noted that now with a clear cut direction he was able to complete the design and he anticipates moving into the facility in July. 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 e REGULAR MEETING MAY 12, 2003 BONDS OF THE SOUTH BEND REDEVELOPMENT DISTRICT (AIRPORT ECONOMIC DEVELOPMENT AREA PROJECT) WHEREAS, the Common Council of the City of South Bend, Indiana (the "Common Council "), is the legislative body of the City of South Bend, Indiana (the "City "); and WHEREAS, the South Bend Redevelopment Commission (the "Commission ") is the governing body of the South Bend Redevelopment District (the "District "); and WHEREAS, the Commission has previously designated an area in the City known as the Airport Economic Development Area (the "Area ") to be an economic development area and tax increment finance allocation area within the meaning of Indiana Code 36 -7 -14 (the "Act "); and WHEREAS, the Commission has determined to undertake certain local public improvements in the Area, such local public improvements including without limitation road improvements to Cleveland Road (from Mayflower to Ralph Jones Drive), Olive Road/Nimtz Parkway, Bendix Drive /Lincolnway intersection, Bendix Drive Relocation and related right of way property acquisition and engineering costs and improvements at the Bosch site (collectively, the "Project "); and WHEREAS, the Commission has previously determined to issue revenue bonds of the District in an aggregate principal amount not to exceed Thirteen Million and 00 /100 Dollars ($13,000,000.00) (the "Bonds "), the principal of and interest on which shall be payable solely from taxes on real property located in the area allocated and deposited into the Allocation Fund previously established by the Commission for the Area pursuant to Section 39 of the Act (the "Tax Increment ") and completed its proceedings to provide for the issuance of the Bonds; and WHEREAS, as a result of action by the Indiana General Assembly in its most recent session, an amendment to Section 25.1 of the Act has been included in House Enrolled Act 1001 which would now require that the Common Council approve of the issuance of bonds by the Commission to the extent that the principal amount of such bonds exceeds Three Million and 00 /100 Dollars ($3,000,000.00); and WHEREAS, to permit the Commission to proceed with the issuance of the Bonds, the Common Council desires to approve of said issuance in accordance with the amendment to Section 25.1; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. The issuance of the Bonds of the District payable from Tax Increment generated in the Area to finance the costs of the Project, as set forth in the Act, shall be and hereby is approved. 2. This Resolution shall be in full force and effect from and after passage by the Common Council and approval by the Mayor. REGULAR MEETING Council with a favorable recommendation. MAY 12, 2003 Mr. Rick 011ett, Controller, City of South Bend, 14th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. 011ett advised that the submission of this bill is a new requirement as a result of the action by the Indiana General Assembly in its most recent session. An amendment to Section 25.1 of House Enrolled Act 1001 now requires that the Common Council approve the issuance of bonds by all Redevelopment Commissions to the extent that the principal amount of such bonds exceeds $3 million dollars. These particular revenue bonds of theAistrict were previously approved by the Redevelopment Commission in an amount not to exceed $13 million dollars to be paid totally from the taxes on real property located in that area which is the Airport Economic Development Area. He noted that the project itself covers four (4) major projects which are Cleveland Road from Mayflower to Ralph Jones Drive /Olive Road, Nimtz Parkway, Bendix Drive /Lincolnway intersection and at the Bosch site, the Bendix Drive relocation and related right of way property acquisition, engineering and improvement costs. 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 King 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. 35 -03 FIRST READING ON A BILL APPROPRIATING $100,000 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S AREA REVITALIZATION EFFORT This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on May 27, 2003. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 36 -03 FIRST READING ON A BILL APPROPRIATING $48,270 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S AREA REVITALIZATION EFFORT This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading REGULAR MEETING MAY 12, 2003 This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 38 -03 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 GERMAN TOWNSHIP CONTIGUOUS THEREWITH; MAHLER/STIDHAM ANNEXATION, 24505 & 24514 CLEVELAND 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 on June 9, 2003 and Third Reading on June 23, 2003. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS BILL NO. 23 -03 CONTINUED TO JUNE 9, 2003 Councilmember Aranowski made a motion that Bill No. 23 -03 be continued and set for Second Reading, Public Hearing and Third Reading on June 9, 2003 and be sent to the Health and Public Safety Committee. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. ANNOUNCEMENT OF NEXT CITY PLAN LECTURE SERIES President White announced that the next City Plan lecture series will be held on Tuesday, May 13, 2003 at Century Center, Hall C. President White noted that all citizens of the City are welcome to be part of this session as South Bend begins to work on a plan for its future. ANNOUNCEMENT OF CHANGE IN NEXT COUNCIL MEETING DATE President White advised that the next meeting of the Common Council will be held on Tuesday, May 27, 2003 due to the Memorial Day holiday. REQUEST FOR APPLICATIONS FOR YOUTH ADVISORY COUNCIL President White encouraged all Councilmembers to submit names for the Youth Advisory Council. She noted that applications are due to the City Clerk on May 15, 2003. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR: REGULAR MEETING MAY 12, 2003 there would no longer be any type of formula. The City is now at the stage where it was to be getting two hundred ten thousand dollars ($210,000.00) per year. Now, a three (3) year agreement has been reached with the ball club to give the City one hundred fifty thousand dollars ($150,000.00) and not two hundred fifteen thousand dollars ($215,000.00) that the City averaged for the first ten years. This was a huge thirty per cent (30 %) giveaway to Palisades baseball for three (3) years and he noted that he is concerned why it was done. He stated that it seems to him that the City has done very poorly in this agreement but by reading the South Bend Tribune editorial it seemed like a triumph. Their idea was that the City would take the one hundred fifty thousand dollars ($150,000.00) and split it between the Park Department and capital improvements for Coveleski. He noted that the City could split two hundred thousand dollars ($200,000.00) the same way. Mr. Cierzniak advised that in 2005 the City is supposed to sit down with Palisades again and determine the final three (3) years of the contract. He asked if the City will get more than one hundred fifty thousand ($150,000.00) for each of those years and if Palisades will even be around. In conclusion, Mr. Cierzniak stated that he believes this was a bad deal for the City and he resents the only newspaper presenting it to the public in a way that it looks like a great triumph which is was not. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:10 p.m. ATTEST: 'VL1v Loretta J. , City ler ATTE 7