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HomeMy WebLinkAbout04-08-02 Council Meeting MinutesREGULAR MEETING APRIL 8, 2002 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, April 8, 2002, at 7:00 p.m. The meeting was called to order by Council Vice President Karen White and the Invocation and Pledge to the Flag. were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Uj dak Sean Coleman Al "Buddy" Kirsits Karen L. White Absent 1 It District 2nd District 3rd District President 4t" District Chairperson, Committee of the Whole 5t" District 6t' District At -Large At -Large At -Large Vice - President Roland Kelly 3rd District President REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The subcommittee has inspected the minutes of the March 25, 2002 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Roland Kelly s/David Varner Councilmember Coleman made a motion that the minutes of the March 25, 2002 meeting of the Council be accepted and placed on file. Councilmember Ujdak seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Chairman King presiding. BILL NO. 20 -02 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY EAST OF OLIVE STREET FROM ORANGE STREET NORTH TO LINDEN AVENUE; THE FIRST NORTH/SOUTH ALLEY WEST OF SADIE STREET FROM ORANGE STREET NORTH TO LINDEN AVENUE; CARLISLE STREET FROM ORANGE STREET NORTH TO LINDEN AVENUE Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. -1- REGULAR MEETING APRIL 8, 2002 Mr. Larry Magliozzi, Planner, Division of Community Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Magliozzi advised that a situation concerning this street and these alleys has existed for a number of years ever since Fire Station #4 was built. He noted that this fire station is actually located across a portion of Carlisle Street which was abandoned but never vacated. In an effort to correct this situation and to assist Habitat for Humanity who would like to build on a portion of the property owned by Fire Station #4, this vacation is being proposed. 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 Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 21 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS FROM VARIOUS FUNDS WITHIN THE CIVIL CITY OF SOUTH BEND TO THE PARK MAINTENANCE FUND ( #201) Councilmember Coleman reported that the Parks, Recreation, Cultural Arts and Entertainment Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Bill Carlton, Fiscal Officer, South Bend Parks and Recreation Department, 321 East Walter Street, South Bend, Indiana, made the presentation for this bill. Mr. Carlton informed the Council that this bill authorizes the transfer of up to $2 million throughout the year from Fund #642, #405 and #203 into the Parks and Recreation Operating Fund #201 to maintain a positive cash balance in those funds throughout the year. Mr. Carlton noted that the funds will be returned by the end of the year and will be replenished when they receive their property tax allotments in June and December. 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 Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner 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. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. S 7 1 v Lorett da, ity Clerk -2- REGULAR MEETING APRIL 8, 2002 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 7:08 p.m. Council Vice President Karen White presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9317 -02 AN ORDINANCE 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 CLAY TOWNSHIP CONTIGUOUS THEREWITH; (JERRY & MARGUERY MACRI AND RICHARD & ANN LA FREE & ECLIPSE LLC) (17,185 AND 17,240 BLOCK OF DOUGLAS ROAD, SOUTH BEND, INDIANA PHASE III This bill had third reading. Councilmember Coleman made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Coleman made a motion for passage of this bill as substituted. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of - eight (8) ayes. ORDINANCE NO. 9318 -02 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY EAST OF OLIVE STREET FROM ORANGE STREET NORTH TO LINDEN AVENUE; THE FIRST NORTH /SOUTH ALLEY WEST OF SADIE STREET FROM ORANGE STREET NORTH TO LINDEN AVENUE; CARLISLE STREET FROM ORANGE STREET NORTH TO LINDEN AVENUE 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. 9319 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS FROM VARIOUS FUNDS WITHIN THE CIVIL CITY OF SOUTH BEND TO THE PARK MAINTENANCE FUND ( #201) This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. -3- REGULAR MEETING APRIL 8, 2002 RESOLUTIONS: RESOLUTION NO. 3076 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 131 SOUTH TAYLOR STREET, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR AAK PROPERTIES, LLC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 131 South Taylor Street, South Bend, Indiana, and which is more particularly described as follows: Parcel II. Lots Numbered One (1) to Twelve (12) as shown on the recorded Plat of Jefferson Place Subdivision in the City of South Bend. Parcel III. A lot or parcel of land bounded by a line running as follows, viz: Beginning at the Southeast corner of Bank Out Lot Numbered 46; thence North on the West line of Taylor Street 103.6 feet; thence West 130 3/4 feet; thence curve to left a distance of 76.3 feet on the perimeter of a circle described with a radius of 54.2 feet; thence South 90 West 14.68 feet; thence South 44 feet to a point distant East 31 feet from the Northwest corner of the East Half of Bank Out Lot Numbered 46; thence East 191.15 feet to the place of beginning, all as shown on the First Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana. Parcel IV. Beginning at a point that is 3.27 feet North and 130.75 feet West of the Northeast corner of Bank Out Numbered 46 of the First Plat of Out Lots of the Town, now City, of South Bend, platted by the State Bank of Indiana; thence West 164.20 feet; thence South 26.25 feet; thence West 5.84 feet; thence South 173.75 feet; thence East 11.30 feet; thence South 49.50 feet; thence West 26.30 feet; thence South on a line parallel with the East line of Scott Street 56.06 feet to the North line of an alley in Weaver's Subdivision, being 2.56 feet South of the North line of Lot Numbered Forty -nine (49) of said Bank Out Lots; thence East along the North line of said alley 109.30 feet; thence North 32.35 feet; thence North 11 °25'00" West 71.50 feet to the Southwest corner of the East Half of Bank Out Lot Numbered forty -seven (47); thence North 99.00 feet to the Northwest corner of the East Half of Bank Out Lot Numbered 47; thence East 31 feet on the North line of said Bank Out Lot Numbered 47; thence North 44.00 feet; thence North 09 °00'00" East, 14.68 feet; thence 76.30 feet along an arc of a curve concave to the Southeast, with a radius of 54.20 feet, to the point of beginning. Excepting therefrom the following three tracts of land: Tract I: The East 10.00 feet of the West 152.00 feet of Bank Out Lot N _J U r� REGULAR MEETING APRIL 8, 2002 Numbered 47 and the East 10.0 feet of the South 24.75 feet of the West 152.00 feet of Bank Out Lot Numbered 46 in the State Bank of Indiana's First addition of Outlots in the Town, now City of South Bend. Tract II. All that part of the West 152.00 feet of the South Half (49.50) feet of Bank Out Lot 48 in the State Bank of Indiana's First Addition of Out Lots presently owned by the Mastic Corporation, and that part of the North 2.56 feet of Lot 1 in Weaver's Subdivision lying West of a line 152.00 feet East of the East line of Scott Street in the City of South Bend. Tract III. Part of Out Lot Numbered Forty -eight (48) in the State Bank of Indiana's First Addition of Outlots in the Town, now City of South Bend, and part of Lot Numbered One (1) Weaver's Subdivision, St. Joseph County, Indiana and being described as follows: Beginning at an iron pin at the Northwest corner of the East Half of said Outlot 48; thence East along the North line of said Outlot 48 a distance of 70.00 feet to an iron pipe; thence South along a line making an angle of 90 °05' with the last described course, 55.25 feet to an iron pipe; thence East on a deflection to the left 89 °39' from the last described course 151.89 feet to an iron pipe; thence South along the West line of Taylor Street, 44.06 feet to an iron pin at the Northeast corner of Lot 1 in Weaver's Subdivision; thence West along the South line of said Lot 48 being also the North line of said Lot 1, a distance of 115.50 feet to a cross in the concrete; thence South a distance of 2.56 feet to a drill hole; thence West along the North line of the existing alley being parallel to and 2.56 feet South of the South line of Outlot 48 a distance of 176.75 feet to an iron pipe; thence North parallel to and 152.00 feet East of the East line of Scott Street, 101.56 feet to a drill hole on the North line of said Outlot 48; thence East along said North line 70.39 feet to the point of beginning. and which has Key Number 18- 3047 -1801, 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 Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified -5- REGULAR MEETING APRIL 8, 2002 for and is granted Real property tax deduction for a period of three (3) 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. sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Karen White Member of the Common Council Mr. Michael J. Anderson, Anderson, Agostino and Keller Properties, 1001 Hickory Road, Suite 10, South Bend, Indiana, made the presentation for this Resolution. Mr. Anderson advised that they previously informed the Council of their intentions and modifications for the property in question which are now underway subject to securing the appropriate permits. 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 Ujdak seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 02 -15 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3417 WESTERN AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR VIRK MART, INC. Because the Petitioner for this Resolution was not in attendance, Councilmember Coleman made a motion to table this bill until a point later in the meeting. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 02 -19 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 212 E. LA SALLE STREET, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR SBL BUILDING CO., LLC Councilmember King made a motion to continue this bill until April 22, 2002, in light of the fact that the Community and Economic Development Committee received notice this afternoon from the petitioner requesting a postponement until that date. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. I on REGULAR MEETING APRIL 8, 2002 RESOLUTION NO. 3077 -02 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 1915 N. BENDIX DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR APPLETREE ASSOCIATES (PEI GENESIS, 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 1915 N. Bendix Drive, South Bend, Indiana, and which is more particularly described as follows: A part of the Southeast Quarter (1/4) of the Northeast Quarter (1/4) of Section Thirty -Three (33), Township Thirty -Eight (38) North, Range Two (2) East, Portage Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at a found Three- Quarter (3/4) inch iron pipe at the West right -of -way line of Bendix Drive which is North 00 degrees 00 minutes 25 seconds East, 232.03 Feet (North 00 Degrees 07 Minutes 29 Seconds East, 232.38 Feet record) and North 89 degrees 44 minutes 04 seconds West, 40.00 Feet (North 89 degrees 40 minutes 09 seconds West, 40.00 Feet record) from the East Quarter (1/4) post - of said Section Thirty -Three (33); thence North 89 degrees 44 minutes 04 seconds West (North 89 degrees 40 minutes 09 seconds West record) a distance of 661.80 feet (661.97 feet record) to a found Three Quarter (3/4) inch iron pipe; thence North 00 degrees 00 minutes 25 seconds East (North 00 degrees 07 minutes 29 seconds East record) a distance of 290.69 feet (290.79 feet record) to a found three- quarter (3/4) inch iron pipe; thence North 89 degrees 52 minutes 20 seconds East (North 89 degrees 56 minutes 16 seconds East record) a distance of 661.79 feet (661.94 feet record) to a found five - eights (5/8) inch rebar at the West right -of -way line of Bendix Drive; thence South 00 degrees 00 minutes 25 seconds West (South 00 degrees 07 minutes 02 seconds West record) along said right -of -way line a distance of 295.24 feet (295.33 feet record) to the point of beginning, containing 4.45 acres, more or less, subject to all public highways and any easements of record, if any. and which has Key Number 25- 1006 - 0301.00, to 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. sea •,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. sea., and South Bend Municipal Code Sections 2 -76, et seg., 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. -7- REGULAR MEETING APRIL 8, 2002 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 et. sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as 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 six (6) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. REGULAR MEETING APRIL 8, 2002 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 White Member of the Common Council Councilmember King reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. John Peddycord, 300 North Michigan Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Peddycord advised that PEI Genesis is adding a twenty thousand plus (20,000 +) square foot warehouse addition to their assembling and warehouse facility on North Bendix Drive. Additionally, extensive renovation of the entire building will take place at a total cost of approximately $1.455 million. Currently ninety (90) individuals are employed and they intend to add two (2) new employees with hopefully more in the future. Mr. Peddycord informed the Council that PEI Genesis has a very diverse workforce that they intend to continue. He noted that tax relief provided by this tax abatement will help offset the high inventory taxes due to the fact that they assemble quite a lot of component parts as well as finished products on this site. More important, it will eliminate the need to rent warehouse space elsewhere in the City which is not convenient. 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. 3078 -02 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 735 LINCOLN WAY WEST, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION (TEACHERS CREDIT UNION) 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 735 Lincoln Way West, South Bend, Indiana, and which is more particularly described as follows: Parcel #1 Lot Number One (1) as shown on the recorded Plat of Kent and Garrison's Subdivision of Out Lot One (1) of Hendrick's and Grant Addition to the town. Parcel #2 Lots Numbered Eighteen (18) and Twenty -three (23) as shown on the recorded Plat of James D. Kent's Subdivision of Bank Out Lot Numbered One Hundred Fourteen (114), taken off of and from the South Side of Bank Out Lot Numbered One Hundred Thirteen (113), of the Third Plat of Out Lots of the town. 0 REGULAR MEETING APRIL 8, 2002 Parcel #3 The Section of the Old Kankakee Mill Race Bounded on the South by Lots One (1) and Two (2) of Kent and Garrison's Subdivision, on the East by the West edge of the North/South alley between Cushing and Scott Street, on the North by Lot Twenty -three (23) of Kent's Subdivision of Bank Outlot One Hundred Fourteen (114) and Part of Bank Outlot One Hundred Thirteen (113) and on the West by the East edge of Cushing Street. Parcel #4 Lot Numbered Two (2) in Kent and Garrison's Subdivision of Out lot One (1) of Henrick's and Grant's Addition to the Town. and which has Key Numbers 18- 1055 -2345, 18- 1055 -2331, and 18- 1055 -2346 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. sea.,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. se q., 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 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 et. seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and -10- REGULAR MEETING APRIL 8, 2002 F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as 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 pursuant to section 2 -84 of the South Bend Municipal Code finds the ten (10) years is appropriate and rational period for this abatement in light of the following: 1. The building is being built in a location that has a history of disinvestment, blighted structures and debilitating social activity. 2. The building is within The City of South Bend and SBHF's targeted area for - development. SBHF's goal is to clear substandard properties and undesirable businesses between the Center City and the 900 block of LWW. 3. This project will enhance the millions of dollars that the City of South Bend has spent on infrastructure improvements along LWW. The Common Council hereby determines that the property is qualified for and is granted property tax deduction for a period of ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen White Member of the Common Council Councilmember Pfeifer made a motion to hear the substitute version of this Resolution. Councilmember Aranowski seconded the motion which carried. Councilmember King reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably as substituted. Ms. Charlotte Sobel, South Bend Heritage Foundation, 803 Lincoln Way West, South Bend, Indiana, made the presentation for this Resolution. -11- REGULAR MEETING APRIL 8, 2002 Ms. Sobel advised that South Bend Heritage Foundation has entered into an agreement to build a new Teachers Credit Union at 735 Lincolnway West at the intersection of Lincolnway and Cushing. It will be a full service bank and will be one of the first new developments on Lincolnway. The building will be approximately two thousand five hundred (2,500) square feet and will be almost $1 million in construction costs. Ms. Sobel thanked the Council and the Mayor for the corridor initiative and funds committed to the redevelopment of Lincolnway West as one of the major corridors in the community. 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 as substituted. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3079 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE (BILL NO. 02 -28) CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL POWERTRAIN, INC. RESOLUTION NO. 3080 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE (BILL NO. 02 -29) CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL POWERTRAIN, INC. Councilmember Coleman made a motion to combine Bill Numbers 02 -28 and 02 -29 for purposes of Public Hearing. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3079 -02 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 3605 WEST CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL POWERTRAIN, 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 3605 West Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, Range 2 East, 2nd P.M. St. Joseph County, Indiana -12- 1 J REGULAR MEETING APRIL 8, 2002 and which has Key Number 25 -1013 -0218, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et. sea-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. sea., 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 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 et. sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as -13- REGULAR MEETING APRIL 8, 2002 an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Karen White Member of the Common Council RESOLUTION NO. 3080 -02 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 3605 WEST CLEVELAND ROAD, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL POWERTRAIN, 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 3605 West Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, Range 2 East, 2nd P.M. St. Joseph County, Indiana and this property has Key Number 25 -1013 -0218, 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 se q., 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: -14- REGULAR MEETING APRIL 8, 2002 SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et. seg., 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 Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen White Member of the Common Council Councilmember King reported that the Community and Economic Development Committee met on these Resolutions and sends them to the Council favorably. Mr. Earl Hoff, Controller, 3605 West Cleveland Road, South Bend, Indiana, made the presentation for these Resolutions. -15- REGULAR MEETING APRIL 8, 2002 Mr. Hoff advised that this project involves a capital of about $3.8 million, six hundred forty -five thousand ( $645,000) of which is for the building and the remainder for equipment. The proj ect will add about fourteen thousand (14,000) square feet to the building and add twenty -four (24) employees with salaries of six hundred thirteen thousand dollars ($613,000) as well as generating sales of $3.5 million. Mr. Hoff noted that the plant began in South Bend in 1987 and has been through five (5) expansions. They have two hundred forty thousand (240,000) square feet of manufacturing space and a capital base of $60 million of which $48 million is in equipment and $12 million is in the building. Sales for the company last year were $111 million and it is anticipated that sales for this year will be about $127 million. This year they will ship about 19 million pistons to both GM and Ford. Plant sales for the new proposal before the Council are about $5.5 million. Presently they employ five hundred forty six (546) individuals of which seventy -seven (77) are minorities. The payroll this year will be a little more than $20 million. A Public Hearing was held on the Resolutions at this time. There was no present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Therefore, Councilmember Coleman made a motion to adopt Bill No. 02 -28. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. Additionally, Councilmember Coleman made a motion to adopt Bill No. 02 -29. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3081 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALERS /TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 2002 WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk/scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap /junk/and recycling dealers within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap /junk/and recycling dealers; WHEREAS, in accordance with these rules and regulations, inspections of the below listed scrap /junk/and recycling operations have been completed by the Department of Code Enforcement and the Fire Department Prevention Bureau, and it has been found that such premises is fit and proper for the maintenance and operation of such businesses; and WHEREAS, the Board of Public Works, at its meeting held on March 11, 2002, recommended the issuance of the license for the below listed applicant in the City of South Bend by appropriate action of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the license application for the following be approved based upon the satisfactory review of the properties by the Department of Code Enforcement and the Fire Department Prevention Bureau, inspections having been made in February of 2002, and subsequent favorable recommendation by the Board of Public Works: -16- REGULAR MEETING South Bend Waste Paper 1519 South Franklin South Bend, Indiana 46613 Indiana Iron d/b /a U.S. Scrap & Recycling 1700 South Lafayette South Bend, Indiana 46619 APRIL 8, 2002 South Bend Iron and Metal 429 West Indiana Avenue South Bend, Indiana 46613 SECTION V. 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 White Member of the Common Council Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Gary Gilot, Director, Department of Public Works, 13th Floor, County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Gilot advised that the Board of Public Works circulated the applications for the companies named in the Resolution to various departments for review and comment and all received favorable recommendations. Therefore, the Board forwards those favorable recommendations to the Council. 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. 3082 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3417 WESTERN AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR VIRK MART, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3417 Western Avenue, South Bend, Indiana, and which is more particularly described as follows: Lots 433, 434 and 435 and the %2 Vacated Alley of the LaSalle Park Addition and which has Key Number 18- 4062 -2322, as an Economic Revitalization Area; and WHEREAS, notice ofthe 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 -17- REGULAR MEETING APRIL 8, 2002 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 Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et. seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Karen White Member of the Common Council Mr. Shawn Virk, Virk Mart Incorporated, 3417 Western Avenue, South Bend, Indiana, made the presentation for this Resolution. Mr. Virk noted that they intend to move forward with the project as stated at the last Council meeting. 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. BILLS - FIRST READING BILL NO. 22 -02 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS SCHULMAN DRIVE (FORMERLY DAVIS DRIVE) FROM OLIVE STREET TO GRANT STREET FOR A DISTANCE OF 1,067.6 FEET AND A WIDTH OF 60 FEET. THE SECOND STREET TO BE VACATED IS GRANT STREET FROM SAMPLE STREET TO THE NORTH LINE OF THE INDIANA NORTHERN RAILWAY COMPANY RIGHT OF WAY -18- 1 1 1 REGULAR MEETING APRIL 8, 2002 This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on April 22, 2002. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 23 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED ALONG THE LINCOLNWAY WEST COMMERCIAL CORRIDOR BETWEEN LASALLE AND BENDIX, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 24 -02 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY NORTH OF BARTLETT STREET FROM THE EAST RIGHT -OF -WAY LINE OF LAFAYETTE BOULEVARD EAST TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST NORTH/SOUTH ALLEY EAST OF LAFAYETTE BOULEVARD FOR A DISTANCE OF 179 FEET AND A WIDTH OF 13 FEET. BEING A PART OF VINSON'S SUBDIVISION IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on April 22, 2002. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 25 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 6, SECTION 17 -49 OF THE SOUTH BEND MUNICIPAL CODE TO DELETE SHUTOFF VALVE REPAIR This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on April 22, 2002. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS BILL NO. 54 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF STATE ROAD 23 FROM THE EAST RIGHT -OF -WAY LINE OF N. BURNS STREET TO THE WEST RIGHT -OF- WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF N. BURNS STREET FOR A DISTANCE OF APPROXIMATELY 118 FEET AND A WIDTH OF -19- REGULAR MEETING APRIL 8, 2002 APPROXIMATELY 10 FEET. PART SITUATED IN HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA .,..,.... . Council Attorney Kathleen Cekanski - Farrand advised that this is an old bill that is being reactivated and should be sent to the Public Works and Property Vacation Committee and set for Public Hearing and Third Reading on April 22, 2002. Therefore, Councilmember Pfeifer made, a motion to send this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on April 22, 2002. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS ANNOUNCEMENT OF MEETINGS CONCERNING WESTSIDE Councilmember Pfeifer indicated that she, along with Councilmembers Ujdak, Aranowski and White are meeting with Mr. Jon Hunt and addressing community concerns about economic development and retail on the west side and they will keep the public updated. REQUEST FOR REVIEW OF LITTER LAWS Councilmember Varner advised that he has received concerns from constituents who have noticed a lot of trash and litter since the winter thaw. He requested that Council Attorney Kathleen Cekanski provide an update on the status of the local litter law and its enforcement mechanism. PRIVILEGE OF THE FLOOR REQUEST OF FIREFIGHTERS LOCAL #362 FOR SALARY INCREASE Mr. Kenneth Marks, President, South Bend Firefighters Local #362, 1121 South Main Street, South Bend, Indiana, reminded Council members that at the last meeting the Mayor requested and the Council agreed that Bill No. 17 -02 be passed which would free up $1.4 million to be used for street improvements and raises for other personnel. Mr. Marks noted that he, as well as other firefighters, are present this evening to ask the Council for an additional two per cent (2 %) raise across the board for the men and women of the South Bend Fire Department. They are asking that this raise be initiated by June 1, 2002 with additional one per cent (1 %) raises for the years 2003 and 2004. Mr. Marks reminded members of the Council that they are currently under a four (4) year contract but in dealing with a four (4) year contract the big picture must be looked at and that includes cost of living. He noted that the Mayor was able to come before the Council because of House Bill No. 1138 which was designed so that municipalities could free up funds to pay the public emergency personnel better wages and he asked that the Council not violate the spirit of this particular bill as it was intended. Mr. Marks advised that the Mayor indicated that these funds would be used for the street department and inquired what would happen to those funds that were previously allocated for the street department road improvements. Mr. Marks asked that the Council act expeditiously on this request and give it serious consideration. He suggested that they can simply say no, they can work out a Letter of Agreement or they can open the contract. -20- 1 1 n REGULAR MEETING APRIL 8, 2002 ADJOURNMENT There being no further business to come before the Council, Councilmember Coleman made a motion to adjourn. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes and the meeting was adjourned at 7:40 p.m. ATTEST: orett O. IYda, ity Jerk -21- 4ATTES Ka en White, Vice-President 1 1 1