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HomeMy WebLinkAbout07-22-02 Council Meeting MinutesREGULAR MEETING JULY 22, 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, July 22, 2002, at 7:00 p.m. The meeting was called to order by Council President Roland Kelly 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: None lIt District 2nd District 31 District President 41 District Chairperson, Committee of the Whole 5" District 6th District At -Large At -Large At -Large Vice - President 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 July 8, 2002 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Roland Kelly Councilmember Coleman made a motion that the minutes of the July 8, 2002 meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS APPOINTMENT TO TRANSPO BOARD Councilmember Varner announced the appointment of Ms. Jeanette Moeller to the TRANSPO Board filling a position which becomes available this month. He noted that by statute this is a partisan appointment and the Republican Party would like Ms. Moeller to serve her third term on this Board. RESOLUTION NO. 3107 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONDEMNING THE PROMOTION OF HATE, RACISM, BIGOTRY, PREJUDICE, AND DISCRIMINATION, AND SUPPORTING THE EFFORTS OF UC4PEACE TO ENCOURAGE UNITY AND CULTURAL DIVERSITY IN OUR CITY, STATE AND NATION WHEREAS, the City of South Bend has historically demonstrated its awareness that racial intolerance is harmful to our community; and WHEREAS, the Common Council recognizes that the activities of local hate groups are -1- REGULAR MEETING JULY 22, 2002 becoming more apparent in St. Joseph and Elkhart Counties; and WHEREAS, hatred, bigotry, racism, prejudice, and discrimination have real effects upon Americans here and abroad, and present significant obstacles to the enjoyment of a peaceful and diverse community; and WHEREAS, United Counties for Promoting Equality Among Citizens Everywhere (UC4PEACE), in conjunction with the efforts of civic leaders and activists, is engaged in efforts to promote peace and harmony in their communities; and WHEREAS, as a part of this endeavor, UC4PEACE distributes anti -hate posters and promotes the Birmingham Pledge, a statement individuals may sign as evidence oftheir commitment to tolerance and their opposition to racial prejudice. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend supports UC4PEACE in its Birmingham Pledge and anti -hate poster programs and it encourages the cooperation of civic officials, religious leaders, law enforcement officers, human rights officials, and all citizens in a broad based effort to combat the effects of hate, bigotry, prejudice, racism, and discrimination. Section II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Roland Kelly Member, South Bend Common Council Councilmember White made a motion to consider the substitute Resolution as on file with the City Clerk. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Mayor Stephen Luecke, 14th Floor, County -City Building, South Bend, Indiana, informed the Council that he is pleased to bring this Resolution to the Council and he invited Reverend David Ottsen and Liz Dobbs who are members of UC4PEACE as well as Mr. Lonnie Douglas from the South Bend Human Rights Commission to join him in this presentation. Mayor Luecke noted that regrettably there has been a recent growth of activity by hate groups and it is important for the community to stand against this type of activity and to stand for what is important to the community. Mayor Luecke further noted that this is a diverse community and that diversity is celebrated. The community does not want to allow groups that would engage in hate speech or hate activity to take away from the valuation of that diversity. At this time Mayor Luecke read the Resolution in its entirety and asked the Council for their favorable consideration of this Resolution which is an opportunity for the community to stand for what is right. Reverend David Ottsen, Saint Paul's Episcopal Church, Mishawaka, Indiana, informed the Council that he is the Chairperson of UC4PEACE which is a grassroots organization comprised of concerned citizens and religious and civic leaders from both Elkhart and St. Joseph Counties. He noted that they have witnessed the rise of hate groups and white supremacist groups in our area. Even though the Klan has gotten the most publicity, there are other groups as well. This Resolution is important because one of the things that is vital in combating white supremacists is making a statement and taking a stand. Being silent is giving agreement to their agenda. This Resolution will be quite the opposite of that and will further promote peace and goodwill among the citizens especially and primarily in St. Joseph and Elkhart Counties. -2- F1 1 L REGULAR MEETING JULY 22, 2002 Ms. Liz Dobbs, no address given, advised that she is also a member of UC4PEACE and is a citizen that has been affected by hate and racism. She thanked the Council for this action on behalf of everyone who is affected by these groups and by hate on a daily basis. Mr. Lonnie Douglas, Director, South Bend Human Rights Commission, no address given, asked for the Council's support of this Resolution as it is a Resolution that is long past due. The citizens of this community as well as St. Joseph County needs to know that their leaders are supporting them in standing against hate and bigotry. Mr. Douglas asked that the Council give this Resolution favorable consideration. 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 Pfeifer thanked Mayor Luecke and community members for this Resolution as it is important to have a visible sign that the community is in opposition to this kind of behavior. Councilmember Coleman made a motion to adopt this Resolution as substituted. Councilmember Varner seconded the motion which carried and the Resolution was adopted by acclamation. Council President Kelly noted that this Resolution is much needed in the community and appreciates everyone being here and making this statement. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 p.m. Councilmember White made a motion to resolve into the Committee of the Whole. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Chairman King presiding. COMMITTEE OF THE WHOLE Councilmember King explained for those present that this is the part of the meeting where the Council meets as a committee to hear presentations on ordinances that will be coming up for a vote later this evening and to hear public comment both for and against these ordinances if anyone wishes to speak. This evening there are several changes to the agenda and he announced those for the benefit of anyone who might be present for a bill that would have been coming up later in the event that they may wish to leave the meeting before that time. It is noted therefore that the following items were taken out of order from the printed agenda. BILL NO. 33 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN PORTAGE TOWNSHIP CONTIGUOUS THEREWITH; RAITT CORPORATION, AN INDIANA CORPORATION, 22,500 BLOCK OF S.R. #23, SOUTH BEND, INDIANA Councilmember King noted that the petitioner has asked that this bill be postponed indefinitely. Therefore, Councilmember Pfeifer made a motion to continue this bill indefinitely. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember King explained that this action means that there is no date known when the matter -3- REGULAR MEETING JULY 22, 2002 will be brought back to the Council for consideration. Council Attorney Kathleen Cekanski - Farrand advised that the petitioner in this case filed a letter with the City Clerk's Office requesting that this bill be continued indefinitely. It is the policy of the City Council and the City Clerk that when this type of situation occurs, the publication of the legal notice of Public Hearing will be done prior to the actual hearing. By state law this publication is required only once prior to the original Public Hearing. Additionally, this bill will be returned to the Zoning and Annexation Committee which will have a Public Hearing. Attorney Cekanski- Farrand advised that if a representative from the area that would be affected by this proposed annexation and rezoning is present and if they would provide their name and address to the Clerk's office they would receive a telephone call advising them of when this bill will be heard by the Council. However, the legal notice will be published ten (10) days prior to the Public Hearing. It is noted that no one present submitted their name and telephone number for this notification. BILL NO. 40 -02 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY SOUTH OF MISHAWAKA AVENUE FROM 21 ST STREET WEST TO THE FIRST NORTH /SOUTH ALLEY; AND THE FIRST NORTH /SOUTH ALLEY WEST OF 21ST STREET FROM THE FIRST EAST /WEST ALLEY SOUTH OF MISHAWAKA AVENUE Councilmember King noted that this bill will be postponed until the August 12, 2002 meeting of the Council and will not be coming up tonight for consideration. Councilmember Varner made a motion to continue this bill until the August 12, 2002 meeting of the Council at the request of the petitioner. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 42 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, BY THE INCLUSION OF NEW ARTICLE 1, ENTITLED GANG LOITERING REGULATIONS AND DELETING SECTIONS 13 -55 AND 13 -56 OF THE SOUTH BEND MUNICIPAL CODE Councilmember King advised that further consideration of this bill has been postponed to the August 26, 2002 meeting. Therefore, Councilmember Varner made a motion to continue this bill until the August 26, 2002 meeting of the Council at the request of the petitioner. Councilmember Ujdak seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 30 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; MARY BETH WISEMAN, 60645 MAIN ST. Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Mary Beth Wiseman, 6001 Miami Road, South Bend, Indiana, made the presentation for this bill. ME 1 L 1 REGULAR MEETING JULY 22, 2002 Ms. Wiseman advised that she has requested to be annexed into the City for use of the public sewer system. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Therefore, 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 nine (9) 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 nine (9) ayes. ATTEST: AD a, City berk 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 7:15 p.m. Council President Roland Kelly presided with nine (9) members present. BILLS - THIRD READING There were no bills for third reading. RESOLUTIONS RESOLUTION NO. 3108 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP (MARY BETH WISEMAN ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100 %) property owner which proposes the annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution, and; WHEREAS, the territory proposed to be annexed encompasses approximately 0.39 acres with a single family residence which property is at least 12.1 % contiguous to the current City limits, i.e., approximately 23.00% contiguous, located on the west side of main Street approximately 81 feet north of Gilmer Street in Centre Township, St. Joseph County, Indiana. This annexation territory will retain its residential use and will require a basic level of municipal public services, of a non - capital improvement nature, including police and fire protection, street and road maintenance, -5- REGULAR MEETING JULY 22, 2002 street sweeping, flushing, snow removal, and sewage collection, and services of a capital improvement nature, including, a sanitary sewer system, and a water distribution system; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a Fiscal Plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection, and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including a sewer collection system and a water distribution system; (2) the method (s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend and the Board of Public Safety of the City of South Bend, have each approved a written Fiscal Plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in Centre Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: Lot Number Thirty Eight (38), Thirty Nine (39), Forty (40) of Gillmer's South Michigan Street Addition, recorded January 3, 1929 in Plat Book 13, Page 36 in the Office of the Recorder of St. Joseph County, Indiana Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non - capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as a sanitary sewer system and a water distribution system, within four (4) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt the Fiscal Plan described in Exhibit "A," attached hereto and made apart hereof, for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides among other things, that the sole capital improvements required to service the area are sewer and water services and that existing municipal sewer and water main lines are available and accessible to the in REGULAR MEETING JULY 22, 2002 annexation area subject to the payment by the owner of all costs and fees imposed by law. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s /Roland Kelly Member, South Bend Common Council Councilmember King reported that the Community and Economic Development Committee conducted a Public Hearing on this bill and sends it to the Council with a favorable recommendation. Mr. George Adler, Division of Community Development, Community and Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Adler advised that this annexation is one hundred per cent (100 %) voluntary and it consists of one (1) residence with a population estimated at two (2). It is located in Centre Township at 60645 Main Street on the west side of the street between Pulling and Gilmer Streets and consists of .39 acres. It is located in the 5th Councilmanic district. Mr. Adler noted that service reports were requested from all City departments and it has been determined that the annexation area will be in the service area of Fire Station #10 and in Police Beat #15. Additionally, there are water and sewer lines located along Main Street and they are available and contiguous to the site. 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 King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3109 -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 7701 VORDEN COURT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10)YEAR REAL PROPERTY TAX ABATEMENT FOR TD 1996 REAL ESTATE TRUST 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 7701 Vorden Court, South Bend, Indiana, and which is more particularly described as follows: Blackthorn West Business Park Major Sub, Lots 5, 6, 7, 8, 9, and 11 andwhichhasKeyNumbers 31-1036-059003,31-1036-059004,31-1036-059005,31-1036-059006, 31 -1036- 059007, and 31 -1036- 059009, 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. s. and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et. seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats -7- REGULAR MEETING JULY 22, 2002 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 or 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 ofbenefits 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 ten (10) years. ME 1 1 REGULAR MEETING JULY 22, 2002 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/Roland Kelly Member of the Common Council Councilmember King reported that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Ben Godwin, Vice - President for Real Estate and Corporate Services, Tech Data Corporation, 5350 Tech Data Drive, Clearwater, Florida, made the presentation for this Resolution. Mr. Godwin advised that Tech Data plans to proceed with the acquisition of approximately thirty (30) acres on Vorden Court in order to build a three hundred forty -four thousand (344,000) square foot distribution center to service the Midwestern United States as well as other parts of the country with the center being expandable to five hundred fifteen thousand (515,000) square feet. Mr. Godwin noted that all the current employees for the existing facility will be relocating to the new facility which is about three (3) miles away. He stated that they are hopeful that the company will continue to grow and they will be able to add more employees over the next several years. A Public Hearing was held on the Resolution at this time. Mr. Patrick McMahon, 1805 Bader Street, South Bend, Indiana, Executive Director, Proj ect Future, stated that in 1992 he was pleased to come before the Council to introduce Tech Data who chose the South Bend area to lease a major facility which was being built for their operation and which was subsequently expanded in 1994. At this time, Tech Data is proposing to build a facility that they will own and operate. One hundred sixty (160) employees are pleased with this decision. Mr. McMahon noted that they have been leasing a facility for the last ten (10) years and this decision to build a facility of this size speaks to their commitment to the South Bend area. Mr. McMahon encouraged the Council to vote favorably on this Resolution. 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 Resolution. Therefore, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Aranowski seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3110 -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 2603 FOUNDATION DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ELY CHEMICAL CO., LTD. WHEREAS, a petition for personal property tax abatement consideration has been filed with In REGULAR MEETING JULY 22, 2002 the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 2603 Foundation Drive, South Bend, Indiana, and which is more particularly described as follows: A tract of land in Section 28, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana and this property has Key Number 25- 1010 - 040002, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et. 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; 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 C. 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 -10- REGULAR MEETING JULY 22, 2002 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/Roland Kelly Member of the Common Council Councilmember King reported that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. - Mr. Larry Gritton, Attorney at Law, Katz Randall Weinberg & Richmond, 333 West Wacker Drive, Suite 1800, Chicago, Illinois, informed the Council that he represents the Ely Chemical Company, Inc. and Mr. Andrew Jackson, its Managing Director, who is in England. Mr. Gritton noted that the company is committing a five (5) year lease in the area and is excited about the prospect of locating where their customers are centralized. A Public Hearing was held on the Resolution at this time. Ms. Patt Crowley, 1428 East Colfax Avenue, South Bend, Indiana, informed the Council that she is the owner of the property which the Ely Chemical Company has decided to lease for a five (5) year term. Ms. Crowley noted that the Ely Chemical Company conducted a site search in Indiana and Illinois and made their selection on South Bend based on distribution and infrastructure as well as recruiting in our community. This company is from Ely, England which is about seventy -five (75) miles north of London and is under the umbrella of the Dane Company which has been in business since 1853. They are a well - established company and this will be their first facility in North America. Ms. Crowley urged the Council to pass this Resolution favorably. There was no one else present wishing to speak in favor or in opposition to this Resolution. Therefore, Councilmember King made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 54 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING FROM WATER WORKS BOND -11- REGULAR MEETING JULY 22, 2002 RESERVE FUND #628 TO WATER WORKS CAPITAL FUND #622 THE SUM OF $2,168,000 AND APPROPRIATING $1,512,000 WITHIN WATER WORKS FUND #622 FOR CAPITAL EXPENDITURES This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on August 12, 2002. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 55 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $90,000 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on August 12, 2002. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 56 -02 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS FIRST NORTH /SOUTH ALLEY WEST OF WALNUT STREET FROM LISTON STREET TO COLFAX AVENUE FOR A DISTANCE OF 103.25 FEET AND A WIDTH OF 16 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY WEST OF WALNUT STREET FROM LISTON STREET SOUTH TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 123.8 FEET AND A WIDTH OF 16 FEET. BOTH BEING A PART OF STUDEBAKER AND HINES' PLAT OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Varner 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 August 12, 2002. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 57 -02 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 This bill had first reading. Councilmember Pfeifer made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Pfeifer made a motion that the substitute version of this bill be sent to the Zoning and Annexation Committee and be set for Second Reading and Public Hearing on August 26, 2002 and Third Reading on September 9, 2002. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. -12- REGULAR MEETING UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR JULY 22, 2002 COMMENTS ABOUT TWENTY -FOUR HOUR BASKETBALL FACILITY Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, informed the Council that South Bend needs a place of recreation for young adult males which would be open twenty -fours (24) hours a day with midnight basketball. He noted that the City needs a teenage center for the kids because they do not have any place to go in South Bend. Mr. Swanson further informed the Council that he will keep bringing up this matter until he sees some kind of response and some public input. Council President Kelly thanked Mr. Swanson for his suggestion. ADJOURNMENT There being no further business to come before the Council, President Kelly adjourned the meeting at 7:30 p.m. ATTEST: oretta J/4D#1 City Clerk -13- ATTEST: Roland Kelly, President 1 1