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HomeMy WebLinkAbout09-09-02 Council Meeting MinutesREGULAR MEETING SEPTEMBER 9, 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, September 9, 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 1St District Charlotte Pfeifer 2nd District Roland Kelly 3rd District President David Varner 5th District Vacant 6th District Sean Coleman At -Large Al "Buddy" Kirsits At -Large Karen L. White At -Large Vice - President Absent: Karl King 4th District Chairperson, Committee of the Whole Resigned: Andrew Ujdak 6th District REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the August 26, 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 August 26, 2002 meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS RESOLUTION NO. 3114 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING AND COMMENDING POLICE CHIEF LARRY E. BENNETT FOR HIS MORE THAN THIRTY -THREE (3 3) YEARS OF DEDICATED SERVICE AS A MEMBER OF THE SOUTH BEND POLICE DEPARTMENT WHEREAS, the South Bend Common Council is proud to recognize that a 22 -year old former Marine, Larry E. Bennett, joined the rank and file of the South Bend Police Department on the 16th day of April, 1969, as a 1st Class Patrolman; and WHEREAS, the Council recognizes that for a five (5) year period, our city was fortunate to have both Larry E. Bennett and his father, Sergeant Gene Bennett, serving on the South Bend Police Department at the same time; and WHEREAS, three years ago, during a critical time in the history of the police department and our city, Larry E. Bennett, was appointed Police Chief of the South Bend Police Department, which -1- REGULAR MEETING SEPTEMBER 9, 2002 is composed of 258 Sworn Officers and has a strong civilian support staff, with an annual civil city budget for the department of over $22 million; and WHEREAS, under Chief Bennett's leadership, confidence and professionalism have been restored and he has inspired, by example, that a member of the South Bend Police Department is a dedicated professional who works long hours in the quest to achieve excellence in every aspect of the job, from dealing respectfully with the public, to providing public safety duties in the many operations provided by the South Bend Police Department such as crime prevention, communications, training, community relations, Uniform Patrol, Traffic, Investigative Services, Metro Special Operations, NEST, Citizen's Police Academies, COPS, Crime Stoppers, and as School Resource Officers; and WHEREAS, Police Chief Larry Bennett made a key and instrumental decision when he reorganized the South Bend Police Department so that public safety services would be directed into precincts located within the Northeast, Northwest, Southeast and Southwest Regions; which has resulted in residents and business leaders having abetter opportunity to get to know the beat officers; and WHEREAS, South Bend Police Chief Larry Bennett will long be remembered for his honesty, trust, sincerity, hard work, & dedication who was a faithful public safety servant who worked for over 33 years to make our city a safer place to live, work and raise a family; for which we are so grateful. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. On behalf of all of the citizens of South Bend, Indiana, the Common Council hereby publicly honors and commends LARRY E. BENNETT, CHIEF OF POLICE OF THE SOUTH BEND POLICE DEPARTMENT for a job well done; and we are proud to publicly salute this dedicated public safety servant for his 33 years of exemplary service to the City of South Bend, Indiana. Section II. The Common Council wishes Chief Bennett and his wife, Janey, many great years ahead. We hope that the years ahead will also be filled with countless special moments spent with your daughter Laura, and your son, Rob and his wife, Nikki, and your two grandchildren, Elisabeth and Brian. May you enjoy more time with the "Jade Gem of Winston" a/k/a "Jade Eugene ", and take time for ballroom dancing, and fishing for blue gill, bass and perch at Camp Fort Hill. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s /Charlotte Pfeifer, Second District s /Roland Kelly, Third District s/Karl King, Fourth District ATTEST: s /Loretta J. Duda, City Clerk s /Stephen J. Luecke, Mayor s/David Varner, Fifth District s /Sean Coleman, At Large s /Al `Buddy" Kirsits, At Large s /Karen L. White, At Large s/Kathleen Cekanski- Farrand, Council Attorney Councilmember Karen White made the presentation for this Resolution by reading it in its entirety and presenting it to Police Chief Larry Bennett. -2- 1 I� 1 REGULAR MEETING SEPTEMBER 9, 2002 Police Chief Larry Bennett, joined by his wife and family, thanked the Council for their kindness and support especially during his last three (3) years as Chief of Police. Chief Bennett noted that his thirty -three (33) years on the Department have been the fastest years of his life and along the way he has met wonderful people that he would like to thank. He stated that he considers the men and women he leaves behind to be professional dedicated people and is proud to have worked with them. He thanked them for the dedication and professionalism which they have showed to him. Chief Bennett thanked Council Attorney Kathleen Cekanski - Farrand for her friendship, personally and professionally, and he thanked his wife for all of her support. In closing, Chief Bennett stated that the only thing he tried to do is make a difference and he hoped that he has done that. Councilmember White presented a fishing pole to Chief Bennett as a small token of the Council's appreciation. A Public Hearing was held on the Resolution at this time. An unnamed representative from the Community Oriented Leadership Council thanked Chief Bennett for his past consideration and for his help in working with them. It was stated that without him what they have done so far would not have been possible. As an example of their appreciation they presented the Chief with a plaque with an inscription that was read. Another unnamed representative from the Community Oriented Leadership Council noted that over the years Chief Bennett has attended their meetings, shown them his support and has participated in the projects they have gone through. But most of all, he believed in them. This belief in the Community Oriented Policing Leadership Council has brought others to believe in what they do and for that they thanked the Chief. Yet another unnamed representative from the Community Oriented Leadership Council stated that they will miss the Chief, the Police Department will miss the Chief, but most of all the City will miss him. There being no one else present wishing to speak to the Council either in favor of or in opposition to this Resolution, upon a motion made by Councilmember Coleman and seconded by Councilmember Varner, the Resolution was adopted by acclamation. RESOLUTION NO. 3115 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING THE 2002 CHET WAGGONER LITTLE LEAGUE BOYS BASEBALL TEAM WHEREAS, the South Bend Common Council is proud to honor the following members of the 2002 Chet Waggoner Little League Boys Baseball Team: Nick Baker Danny Keough Jeff Sinkiewicz Mark Bennitt Charlton Keultjes David DeRam, Manager Dustin Coffinan Blake McDonald Dennis Jordan, Coach John Davis Austin Miller Bobby Jordan Paul Piennette WHEREAS, the Council recognizes that the Chet Waggoner Little League Boys Team is made up of 15 and 16 year olds and won the Indiana State Tournament by defeating St. Joseph of Ft. Wayne, when the teams played in Middlebury, Indiana; and WHEREAS, the Chet Wagggoner Little League Boys Team earned the title of U.S. Central Region Champions and became known as the "never give up kids "; and true to form pounded out -3- REGULAR MEETING SEPTEMBER 9, 2002 16 runs in the 6th inning in a dramatic comeback win of 17 -8 over the team from Manila, Philippines; and WHEREAS, the South Bend Common Council is proud to acknowledge that the Chet Waggoner Little League Boys Team finished 5th in the world at the 2002 Senior League World Series in Bangor, Maine, after playing 11 innings against Latin America which ended with the score 9 -8. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. On behalf of all of the citizens of South Bend, Indiana, the Common Council hereby publicly honors the 2002 CHET WAGGONER LITTLE LEAGUE BOYS TEAM for a great season ofbaseball and for countless memories on their journey to the Senior League Baseball World Series in Bangor, Maine. Section II. The Common Council commends each of these student athletes, their coach and manager, their family and friends, for their many special talents, both on and off the playing field, in proudly and enthusiastically representing the City of South Bend, Indiana, as the U.S. Central Region Champions. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s /Charlotte Pfeifer, Second District s/Roland Kelly, Third District s/Karl King, Fourth District ATTEST: s /Loretta J. Duda, City Clerk s /David Varner, Fifth District s /Sean Coleman, At Large s /Al `Buddy" Kirsits, At Large s /Karen L. White, At Large s /Kathleen Cekanski- Farrand, Council Attorney s /Stephen J. Luecke, Mayor Councilmember Al "Buddy" Kirsits made the presentation for this Resolution by reading it in its entirety and presenting a signed copy to each member of the team. A Public Hearing was held on the Resolution at this time. An unnamed representative from the team thanked the Council for this very special honor. He noted that all the way through the tournament they felt like it was very important for them to represent the City of South Bend the best they could and they did it with class. He stated that when you surround yourself with great people, great parents, and others, you cannot help but be successful. There was no one else present wishing to speak to the Council in favor of this Resolution and there was no one present wishing to speak in opposition to this Resolution. Therefore, upon a motion made by Councilmember Coleman and seconded by Councilmember Aranowski, this Resolution was adopted by acclamation. RESOLUTION NO. 3116 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING THE 2002 EAST SIDE LITTLE LEAGUE MAJOR GIRLS SOFTBALL ALL -STAR TEAM I" 1 L 1 REGULAR MEETING SEPTEMBER 9, 2002 WHEREAS, the South Bend Common Council is proud to honor the following members of the 2002 East Side Little League Major Girls Softball All -Star Team: Dani Chatman Jessica Hull Ashley Zappia Outfield First Base Pinch Runner /Outfield Sami DeFord Alexa Jack Pete Gillis Outfield/Pitcher Shortstop Manager Alex Dunfee Erin Jankowski Jeff Jankowski Catcher Second Base Coach Angela Gillis Katie Sullivan Brent Yoder Pitcher /Shortstop Right Field Coach Marcia Gillis Jaimee Works Jeff Hull Left Field/Pitcher Center Field Scorekeeper Nikki Gropp Meghan Yoder Third Base/Pitcher Outfield WHEREAS, the Council recognizes that the East Side Little League Major Girls Softball All - Star Team started the summer with winning all five games in District Play, and the posted a record of 2 -0 in Sectional Tournament in Middlebury, Indiana. They were 5 -0 in State Play with the games being played in Anderson, Indiana. They were 7 -0 in Regional Play; #1 in Pool Play; and finished 3 -3 overall in the World Series Tournament in Portland, Oregon. These games included victories of 6 -5 over San Xavier Little League of Tucson, Arizona; beating the European Champions by a score of 11 -6 over the Netherlands; and finishing as the Central Region Champions and 4th best Major Girls Softball Team in the world. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. On behalf of all of the citizens of South Bend, Indiana, the Common Council hereby publicly honors the 2002 EAST SIDE LITTLE LEAGUE MAJOR GIRLS SOFTBALL ALL -STAR TEAM for a great season of softball and for countless memories on their journey to the World Series. Section II. The Common Council commends each of these student athletes, their coaches, their manager, their family and friends, for their many special talents, both on and off the playing field, in proudly and enthusiastically representing the City of South Bend, Indiana. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s /Charlotte Pfeifer, Second District s/Roland Kelly, Third District s/Karl King, Fourth District ATTEST: s /Loretta J. Duda, City Clerk s /Stephen J. Luecke, Mayor -5- s/David Varner, Fifth District s /Sean Coleman, At Large s /Al `Buddy" Kirsits, At Large s/Karen L. White, At Large s/Kathleen Cekanski - Farrand, Council Attorney REGULAR MEETING SEPTEMBER 9, 2002 Council President Roland Kelly made the presentation for this Resolution by reading it in its entirety and presenting a signed copy to each member of the team. A Public Hearing was held on the Resolution at this time. An unnamed representative from the team thanked the Council on behalf of the East Side Little League, their families, coaches and the players for this honor which is something that they will cherish for the rest of their lives. He noted that they have had unbelievable moments before, during and after the world series but the presentation of this Resolution is something the team will cherish forever. He also informed the Council that this team also represented their City well. There was no one else present wishing to speak to the Council in favor of this Resolution and there was no one present wishing to speak in opposition to this Resolution. Therefore, upon a motion made by Councilmember Varner and seconded by Councilmember Coleman, this Resolution was adopted by acclamation. FIVE MINUTE RECESS The Council took a five (5) minute recess in order to meet, greet and congratulate the individual members from each team. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:35 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 seven (7) ayes. Vice - President Karen White presiding. BILL NO. 48 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2004 E. EDISON ROAD, IN THE CITY OF SOUTH BEND, INDIANA Council Vice - President White advised that the Zoning and Annexation Committee held a Public Hearing this afternoon on this bill and based on the Petitioner's request to withdraw this bill from consideration she asked for a motion to strike this bill from the agenda. Therefore, Councilmember Aranowski made a motion to strike this bill from consideration. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 49 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED IN THE 100 BLOCK OF WEST ANGELA BLVD. IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember White reported that the Zoning & Annexation Committee held a Public Hearing on this bill as substituted and sends it to the Council with a favorable recommendation. in REGULAR MEETING SEPTEMBER 9, 2002 Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140, County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioners are requesting a zone change from "A" Residential, "A" Height and Area and "C -1" Commercial, "C" Height and Area to "O" Office to allow aprofessional office. The property is currently vacant land. Mr. Myers further advised that located to the north across Angela Boulevard is a school zoned "A" Residential, "A" height and area; to the east is a vacant bank building zoned "C -1" Commercial, "C" height and area; to the south is a single - family home and an accessory structure associated with the multi - family unit located further to the south zoned "A" Residential, "A" height and area; and to the west is an abandoned railroad, which includes an existing asphalt walking path zoned "A" Residential, "A" Height and Area. Proposed access to the site is from both Angela Boulevard and Pokagon Street. Water and sewer are available to the site. The drainage has been addressed by the petitioner. The total site to be rezoned is twenty -nine thousand one hundred eighty -five (29,185) square feet. Of that, the buildings will occupy ten per cent (10 %) of the site, the parking and drives will occupy thirty per cent (30 %) of the site and sixty per cent (60 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. The site plan is preliminary. The City Engineer commented that shared access with the property to the east would be recommended to limit the number of access points within the immediate area. Further, based on its Public Hearing held on August 20, 2002, the Area Plan Commission, sends this bill to the Council with a favorable recommendation subject to a final site development plan showing additional screening material along the western edge of the property as additional buffering - protection for the residential area to the west. The "O" Office zoning district has permitted uses which are required to be compatible with residential areas and contains development controls to limit its impact on the surrounding area. The rezoning of this property to "O" Office would act as a buffer and a transition between the commercially zoned area to the east and the residential area to the west and this zoning is reasonable for the site. Mr. Daniel Akin, Vice - President of Engineering, Danch, Harper & Associates, 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill on behalf of the Petitioner, Dr. David Lindborg. Mr. Akin advised that Dr. Lindborg is the owner and proposed developer of the property. This site is being rezoned to an "O" Office classification which they feel is an excellent use of this site because it will serve as a buffer between other commercial property to the east and the residential properties to the west. The site will be occupied by a two thousand eight hundred thirty (2,830) square foot single story building that will be used as a dental office. The office will be occupied during normal working hours and will not have extended hours. The staff of this facility consists of six (6) full time persons. Staff parking will access from Pokagon to the south and customer parking will be accessed off of Angela to the north. The site is served by sewer and water and the drainage will be completed in accordance with City standards. Additional screening will be provided. Mr. Akin advised that the Petitioner is committed to providing a final site plan that is in full compliance with all City codes and ordinances. 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 as substituted. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. -7- REGULAR MEETING SEPTEMBER 9, 2002 BILL NO. 63 -02 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2003 BILL NO. 64 -02 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2003, AND ENDING DECEMBER 31, 2003, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 65 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2003 AND ENDING DECEMBER 31, 2003, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Coleman made a motion to combine Bill Nos. 63 -02, 64 -02 and 65 -02 for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Aranowski reported that the Personnel and Finance Committee met this afternoon and at this time is not providing a recommendation due to the fact that there are still two (2) more working sessions on the budget scheduled. However, a recommendation on these bills will be made by the Committee at their meeting of September 23, 2002. Mayor Stephen J. Luecke, 1400 County -City Building, South Bend, Indiana, made the presentation for these bills. Mayor Luecke informed the Council that Bill No. 63 -02 sets the tax rate for property taxes for the City that funds most of the General Fund budget. Bill No. 64 -02 sets the expenditures of the General Fund budget and Bill No. 65 -02 sets the expenditures for the Enterprise Fund budgets. Mayor Luecke thanked the Council for the Public Hearings which they are currently conducting that allows his administration the opportunity to make presentations on the budget. A lot of work has gone into preparing this document and he noted that he appreciates the time the Council is also putting in to review this document and to make comments. Mayor Luecke noted that the operating budget that is being presented represents many good things that taxes are paying for. It is a statement of the City's investment in the services and personnel needed to build a 21 st Century City. The proposed budget is an operating and debt payment budget. A Capital Budget will be presented early next year. This proposed 2003 budget is balanced and fiscally responsible. It meets the needs of the citizens and workforce. It maintains appropriate reserves to meet ongoing expenses on a pay as you go basis rather than having to borrow to meet them. At a time when other units of government have had to cut back programs and freeze wages, the City of South Bend is able to fully fund essential services and provide fair compensation for its employees. Mayor Luecke noted that 1 1 1 REGULAR MEETING SEPTEMBER 9, 2002 he is grateful for the hard work of the department heads, division managers and staff who have made this possible and would like to thank City Controller Rick 011ett and Tom Skarbek for their hard work in putting this budget together. The Mayor stated that the City continues to face new challenges with rapidly increasing insurance costs and pension liability squeezing resources. The full impact of reassessment and tax restructuring is still unknown. A new formula for capping the growth of the property tax levy will yield fewer dollars next year. The downturn in the economy will mean reduced revenue from local option income taxes. Most of these changes will impact the amount of funds that are available for the Capital Budget in January. Mayor Luecke stated that the budget does show a surplus of revenues over expenses and that is intended. That surplus will help fund the Capital Budget next year. Nevertheless, they expect to present another strong capital investment plan for 2003. He noted that the administration stands ready to meet the challenges by improving efficiency and finding more economical ways to provide services. The Mayor noted that he is proud of the operating budget that is being presented and at this time asked City Controller Mr. Rick 011ett to highlight some of the key factors of the budget. City Controller Rick 011ett, 14th Floor, County -City Building, South Bend, Indiana, thanked the Council for going over the budget with the administration, department heads and fiscal officers and he thanked Mr. Tom Skarbek for putting this budget together. Mr. 011ett informed the Council that the proposed 2003 budget is balanced and fiscally responsible. The administration has been realistic about current fiscal responsibilities and financial responsibility. While the City is fiscally sound and has growing revenues, it is not flush with resources to do everything and priorities will have to be made. Mr. 011ett noted that while many issues are sizeable, there are also opportunities that are sizeable as well. The TJX project and other redevelopment projects are good funding problems to have. The City has a long list of projects that will need to be addressed and it is good to look for funds to accomplish great results. Balancing South Bend's needs has never been easy. He noted that balancing the needs in 2003 will not be the most challenging the City has had to face but it will probably be more difficult than the current year for many reasons. Mr. 011ett noted that national, state and local economies are still on the mend. There are also escalating medical, pension and liability costs. Budgeting is one way to give some perspective to balancing resources, demands and priorities. As precise as the printed numbers look, they reflect the assumptions used and the programs needed to serve citizens. The numbers are reasonable estimates for next year but unexpected events must be planned for. He noted that last year there was a great increase in medical and health costs. Mr. 011ett stated that this budget includes all operating expenses as well as debt service. It does not include new capital requests. The property tax levy increase assumes the maximum allowable 5% for the Civil City. General Fund revenues including property taxes are expected to increase by $3 million or over 5.4 %. Personnel costs include base salary increases of 5.3% for all Police Officers that range from 4.7% to 5.6 %. For Firefighters that figure is 2.8% with a range of 2.15% to 4.05 %. Teamsters and Non - Bargaining employees will see a 4% increase. The Police and Fire Pensions continue to experience funding shortfalls. The state pension laws have positively impacted the overall funding but they are not going to hold for the longer term. The catch up funding the state provided in December 2001 and additional distribution from the Public Deposit Insurance Fund will cover the City to 2003. However, by 2004 and beyond, it can be expected that there will have to be a transfer of funds to the Pension Funds from the General Fund. Mr. 011ett noted that full time employees have declined 29.3 from last years budget through attrition. Additionally, Local Roads and Streets and the Street Department will have fewer funds to work with. Over the last two (2) years estimated funds for their capital expenditures decreased from $2 million to $1.3 million. Mr. 011ett further advised that the Mayor's guidelines for expenditures for the 2003 budget included 0% increase in supplies and 1.5% for other services except in unusual circumstances. The total U1" REGULAR MEETING SEPTEMBER 9, 2002 General Fund expenditures including personnel costs, supplies, and other services and costs increased .7% or less than 1 %. When the pension costs are removed from consideration, the General Fund expenses increased 3.2 %. The self insurance employee benefit fund has a sizable increase of 13% in health care expenditures. While these are in line with national trends, the City's health care bill in 2003 is estimated to approach $8 million even with cost containment changes in the program. The liability insurance reserve fund is projected to increase 20% from this years budget. Property insurance alone has increased 85% or $227,000.00. Workers Compensation claims have increased 25% or $151,000.00. The 2003 budget includes four (4) funds that are not able to balance expenditures and revenues and they will need to rely on some form of fund balance. These include the Motor Vehicle Highway Fund, the Police and Fire Pension Funds and the Sewage Wastewater Fund. The Motor Vehicle Highway Fund does not have the fund balance to cover this deficit and ways will be looked for to cover their shortage. The Sewage Wastewater Fund does not have adequate revenues to cover its operating costs and will need to increase rates before year end. Mr. 011ett noted that property tax is usually very predictable but won't be as predicable next year because of property tax reassessment and tax restructuring which adds additional risk to the tax revenue estimates. Based on the state budget agency reduction of certified distributions for 2003, COIT will decrease about $650,000 or just over 9 %. It was additionally noted that one of the largest risks outside of wages is healthcare. It is felt that healthcare is extremely important. However, the City experienced two (2) bad years in 1998 and 2001. It was hoped to see some improvement but to date the City has not seen that kind of lower expense from last year. Pensions are another large cost. The City's plan is a true pension plan and not just a 401K plan. True pension plans have costs that the City will provide. He noted that there are many resources to do the City's work and the administration will continue to invest in people as it becomes more efficient. Throughout this budget process not only facts and figures have been presented, but the Council has heard from the programs and actions that the Mayor, through his Departments and every City employee, will perform to touch and improve neighborhoods and lives. Mr. 011ett asked for the Council's favorable consideration of these bills. This being the time heretofore set for the Public Hearing on the above bills, proponents and opponents were given an opportunity to be heard. Council Vice - President White advised that the Public Hearing portion is now closed. There were no questions from the Council at this time. Councilmember Coleman made a motion that Bill No. 63 -02 be continued, in the Council portion of the Public Hearing, until the meeting of September 23, 2002 and be set for Third Reading at that time in addition to sending it to the Personnel and Finance Committee. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Coleman made a motion that Bill No. 64 -02 be continued, in the Council portion of the Public Hearing, and be set for Third Reading and final disposition at the September 23, 2002 and be sent to the Personnel and Finance Committee. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Finally, Councilmember Coleman made a motion that Bill No. 65 -02 be continued, in the Council portion of the Public Hearing until the meeting of September 23, 2002 and be set for third reading at that meeting as well and be sent to the Personnel and Finance Committee for their consideration. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 66 -02 PUBLIC HEARING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2003 -10- REGULAR MEETING SEPTEMBER 9, 2002 Councilmember Aranowski made a motion to consider the substitute version of this bill as submitted. Councilmember Pfeifer seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Aranowski reported that the Personnel and Finance Committee met this afternoon and sends this bill to the Council with a favorable recommendation. Mr. Rick 011ett, City Controller, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. 011ett advised that this bill sets forth the maximum salaries to be paid to non - bargaining personnel employed by the City of South Bend for the calendar year 2003. He noted that there are approximately four hundred twenty (420) non bargaining employees as shown on the attachment to the bill. In most instances, the employees who meet the eligibility requirements will receive a four per cent (4 %) base increase in 2003. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There 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 as substituted. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. - BILL NO. 67 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE MAXIMUM SALARIES AND WAGES OF TEAMSTER EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS 2003, 2004, 2005, AND 2006 Councilmember Coleman made a motion to consider the substitute version of this bill as submitted. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Aranowski reported that the Personnel and Finance Committee met this afternoon and sends this bill to the Council with a favorable recommendation as substituted. Mr. Rick 011ett, City Controller, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. 011ett informed the Council that this bill is the result of determined negotiations that focused on the process of each group's priorities. The teams handled themselves professionally and responsibly to reach a hard - fought agreement. This bill sets forth the monetary aspects of the tentative agreement reached between the City negotiating team and the Teamsters Negotiating Team on August 6th and which was later ratified on August 15th by the members of the Teamsters Local Union #364. This bill will approve the monetary amounts of the ratified wage and benefit agreement which is believed to be in the best interests of the City. This bill is intended to fix the maximum salaries for all City employees represented by the International Brotherhood of Teamsters of America Local Union #364 for the calendar years 2003, 2004, 2005, 2006. The percentage for each of the first three (3) years is four per cent (4 %) and for the fourth year is four and a quarter per cent (4.25 %). This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. -11- REGULAR MEETING SEPTEMBER 9, 2002 Mr. Jim Szucs, Business Agent and Chief Negotiator for the Teamsters Work Group, 2405 East Edison Road, South Bend, Indiana, made the presentation for this bill. Mr. Szucs noted that he joins Mr. Robert Warnock, Jr., President of Teamsters Local Union #364, and the following Negotiating Committee members in recommending that this bill be approved: Mr. Dan Lewandowski Mr. Bob Monroe Mr. Rand O'Brady Mr. Jerry Franzi Mr. Fred Bralock Mr. Dale Miller Mr. Greg White Mr. John Pemberton Mr. Troy Malone Mr. Rick Horvath Mr. Fred Gross Mr. Ron Harper Ms. Erin Smith Ms. Laura Vance Mr. Anthony Grundy Mr. Bob Haller Mr. Roy McCann Mr. John Ranschart Mr. Robert Griggs Mr. Patrick Holley Parks and Recreation Parks and Recreation Equipment Services Division Equipment Services Division Street Department Street Department Street Department Sewer Department Sewer Department Water Works Meter Repair Division Water Works Construction & Maintenance Division Water Works Meter Reader Division Water Works Clerical Division Water Works Clerical Division Solid Waste Wastewater Traffic and Lighting Organic Resources Code Enforcement Century Center Mayor Stephen Luecke, 14th Floor, County -City Building, South Bend, Indiana, thanked both teams for their hard work and determination and for coming together and working through some difficult issues but always working with the same goal in mind to provide appropriate working conditions and the best possible salary and benefit package that the City could provide in light of its resources. Mayor Luecke asked the Council for their favorable consideration. Mr. Jeff Jankowski, Deputy City Attorney, 14th Floor, County -City Building, South Bend, Indiana, informed the Council that he has been involved in many negotiations with the City and the Teamsters, but this negotiation was different in that it was clear from the start that the goal that everyone had was to reach an agreement and everyone worked toward that goal. He noted that it is important for everyone to know that that is how this group worked together. It was through the give and take and conversations back and forth that an agreement was reached. Mr. Jankowski thanked both teams for working toward that end. He also thanked Ms. Cheryl Greene who filled in during his absence. In conclusion, Mr. Jankowski stated that it is his belief that this is a solid agreement and he asked that the Council pass this bill. There being no one else present wishing to speak to the Council in favor of this bill and there being no one present wishing to speak in opposition to this bill, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion. Councilmember Coleman thanked Mr. Szucs and members of the Teamsters negotiating team for their commitment and respect for this process, for their good faith at the bargaining table and ultimately for their success in obtaining an agreement that the City believes offers the best wage and working condition package allowable for the City to be able to provide. He noted that this is about the good faith of the City's negotiating team and it is always appreciated and rewarded when there is good faith demonstrated on the part of the labor organization with which the City is negotiating. -12- 1 1 REGULAR MEETING SEPTEMBER 9, 2002 Councilmember Coleman thanked the Teamsters for their commitment to this process and thanked them for their part in bringing this to a successful conclusion. The motion carried by a voice vote of seven (7) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. ATTEST: 1, orettd J. Eyda, City Clerk ATTE T: I /Z 6 K ren White, Vice- esident Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:10 p.m. Council President Roland Kelly presided with seven (7) members present. WELCOME TO BOY SCOUT TROOP #111 - ST. MATHEWS CATHEDRAL Council President Kelly welcomed Boy Scout Troop #11 from St. Matthew's Cathedral to the meeting this evening. BILLS - THIRD READING ORDINANCE NO. 9348 -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, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; VACANT LAND ADJACENT TO THE NORTH AND EAST SIDE OF 24545 BRICK ROAD, ALONG THE WEST SIDE OF THE 31 BYPASS RAMP FROM/TO THE CLEVELAND/BRICK ROAD EXIT This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9349 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED IN THE 100 BLOCK OF WEST ANGELA BLVD. IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to hear the substitute version of this bill as heard in the Committee of the Whole. Councilmember Pfeifer seconded the motion -13- REGULAR MEETING SEPTEMBER 9, 2002 which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember White seconded the motion which carried by a roll call vote of seven (7) ayes. ORDINANCE NO. 9350 -02 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2003 This bill had third reading. Councilmember Coleman made a motion to hear the substitute version of this bill as heard in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill as substituted. Councilmember Coleman seconded the motion which carried by a roll call vote of seven (7) ayes. ORDINANCE NO. 9351 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE MAXIMUM SALARIES AND WAGES OF TEAMSTER EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS 2003, 2004, 2005, AND 2006 This bill had third reading. Councilmember Coleman made a motion to hear the substitute version of this bill as heard in the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried by a roll call vote of seven (7) ayes. RESOLUTIONS RESOLUTION NO. 3117 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 2805 MISHAWAKA AVENUE, SOUTH BEND, IN 46615 WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: -14- REGULAR MEETING SEPTEMBER 9, 2002 SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at 2805 Mishawaka Avenue South Bend, IN 46615 in order to permit a combined use of Residential and Commercial in "C" Commercial, Zoned "C" Commercial and "d" Height and Area. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. 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/Roland Kelly Member of the Common Council Councilmember White reported that the Zoning & Annexation Committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Donald F. Fozo, Building Commissioner, Building Department, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Fozo advised that this petition was heard by the Board of Zoning Appeals at its August 15, 2002 meeting and is sent to the Council with a favorable recommendation. It is a special exception petition for a combined use in a "C" Commercial District to allow a commercial use as an office along with a residential use. Mr. Kenny Gean, representing Emerick Appraisal Company, 3524 Mishawaka Avenue, South Bend, -15- REGULAR MEETING SEPTEMBER 9, 2002 Indiana, Petitioner, informed the Council that it is their desire to relocate back to their original building at 2805 Mishawaka Avenue. 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 seven (7) ayes. RESOLUTION NO. 3118 -02 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR JVH, INC. DESIGNATING A NEW ADDRESS OF 3152 MARY COURT WHEREAS, the Common Council ofthe City of South Bend, Indiana, adopted aDeclaratory Resolution, No. 3102 -02, designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, the Common Council of the City of South Bend, Indiana, adopted a Confirmatory Resolution, No. 3104 -02, confirming the designation that certain areas within the City be an Economic Revitalization Area for the purpose of tax abatement consideration; and WHEREAS, the petitioner has now moved the project site to 3152 Mary Court (as opposed to the original address of 4833 Ameritech Drive); and WHEREAS, the Common Council of the City of South Bend, Indiana, now wishes to amend the Declaratory and Confirmatory Resolutions, Nos. 3102 -02 and 3104 -02 respectively, striking the address of 4833 Ameritech Drive, wherever it appears, and replacing it with 3152 Mary Court, and which is more particularly described as follows: Lot 4 Young's Commerce Park Lot 5 Young's Commerce Park Lot 6 Young's Commerce Park and which has Key Numbers 18- 1013 - 032507; 18 -1013- 032508; 18- 1013 - 032509; respectively, as an Economic Revitalization Area; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met in Resolutions 3102 -02 and 3104 -02, and further determines that the petitioner has met all such qualifications for the new address. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby reconfirms and hereby ratifies its Declaratory and Confirmatory Resolutions, as amended, designating the area described as 3152 Mary Court 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. -16- REGULAR MEETING SEPTEMBER 9, 2002 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 ten a0J years, and further determines that the petition substantially 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. The Common Council pursuant to Section 2 -84 of the South Bend Municipal Code finds the ten (LOJ years is the appropriate and rational time period for this tax abatement in light of the following: 1. The petitioner was asked by the City of South Bend to relocate his business to accommodate the TJX Company's new warehouse distribution center. 2. The petitioner was most cooperative and fair in his dealings with all involved in the TJX Company project. 3. The petitioner also facilitated the site clearing process by relocating equipment on his property prior to the date at which his property was to be transferred. The petitioner did all of this without knowing exactly how or where he would continue operations. SECTION IV. The Council further exercises its authority pursuant to Indiana Code 6-1.1-12.1 - 11.3(c) and waives certain compliance requirements with such waiver taking place after public hearing. The Council further finds that each of the additional findings required pursuant to Indiana Code 6 -1.1- 12.1 -4.5 have been met, and that JVH's property at 3152 Mary Court is declared an Economic Revitalization Area. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Roland Kelly Member of the Common Council Council President Kelly advised that since there was not a quorum at the Community and Economic Development Committee meeting this afternoon, this bill comes to the Council without a recommendation. Mr. Jim Van Houten, President and Owner of JVH, no address given, made the presentation for this Resolution. Mr. VanHouten advised that JVH does business as MTE Truck and Trailer Service and were awarded a real property tax abatement on June 24, 2002, for property located at 4833 Ameritech Drive. After further review however, the company has now made the decision to locate their facility at 3152 Mary Court in the Young's Industrial Park and they are asking to have their tax abatement transferred to the new 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 White seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 3119 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, -17- REGULAR MEETING SEPTEMBER 9, 2002 INDIANA, COMMONLY KNOWN AS 4018, 4026 AND 4034 CHERRY POINTE DRIVE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROJO DEVELOPMENT WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 4018, 4026 and 4034 Cherry Pointe Drive, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 4018 Cherry Pointe Drive Lot 42 Harvest Pointe Subdivision 25- 1013 - 020802* 4026 Cherry Pointe Drive Lot 42 Harvest Pointe Subdivision 25- 1013 - 020802* 4034 Cherry Pointe Drive Lot 44 Harvest Pointe Subdivision 25- 1013 - 020802* (* - the master key number is currently being split and separate key numbers will be assigned to each of the above addresses /lots.) be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et 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 a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et seq., 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 a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seg., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or 1 C E REGULAR MEETING SEPTEMBER 9, 2002 ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. -19- REGULAR MEETING SEPTEMBER 9, 2002 SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Roland Kelly Member of the Common Council Mr. Scott Johnston, representing the Hickey Group, 4560 South Ironwood Drive, South Bend, Indiana, made the presentation for this Resolution. Mr. Johnston advised that this project is a continuation of the development of the Harvest Pointe Subdivision. He noted that three (3) lots were not included in the original residential tax abatement petition which was approved on May 11, 1998. Three (3) ranch style villas will be built on these lots and will range in size from one thousand five hundred (1,500) to one thousand eight hundred (1,800) square feet. 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. Council President Kelly advised that since there was not a quorum at the Community and Economic Development Committee meeting this afternoon, this bill comes to the Council without a recommendation. Councilmember Coleman made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILL NO. 02 -68 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 3820 WILLIAM RICHARDSON DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR RJR 1 LLC BILL NO. 02 -69 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 3820 WILLIAM RICHARDSON DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FDC GRAPHIC FILMS, INC. Councilmember Coleman made a motion to combine Bill Nos. 02 -68 and 02 -69 for purposes of Public Hearing. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. RESOLUTION NO. 3120 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE (BILL NO. 02 -68) CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, -20- REGULAR MEETING SEPTEMBER 9, 2002 INDIANA, COMMONLY KNOWN AS 3820 WILLIAM RICHARDSON DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR RJR 1 LLC 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 3820 William Richardson Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the Northeast quarter of Section 21, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, and described as being Lot 6 of the Toll Road Industrial Park - Section Four, as recorded under instrument number 8822752, dated August 18, 1988, at the office of the recorder, St. Joseph County, Indiana, and containing 9.1421 acres, more or less, and is subject to all easements, restrictions and or covenants of record. and which has Key Number 25- 500 - 15105, 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. se . and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine - that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et. 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 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 -21- REGULAR MEETING SEPTEMBER 9, 2002 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 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 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 /Roland Kelly Member of the Common Council RESOLUTION NO. 3121 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE (BILL NO. 02 -69) CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3820 WILLIAM RICHARDSON DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FDC GRAPHIC FILMS, 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 3 820 William Richardson Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the Northeast quarter of Section 21, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, -22- T1 1 1 REGULAR MEETING SEPTEMBER 9, 2002 and described as being Lot 6 of the Toll road Industrial Park - Section Four, as recorded under instrument number 8822752, dated August 18, 1988, at the office of the recorder, St. Joseph County, Indiana, and containing 9.1421 acres, more or less, and is subject to all easements, restrictions and or covenants of record. and this property has Key Number 25 -500- 15105, 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 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 sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5 et. 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. -23- REGULAR MEETING SEPTEMBER 9, 2002 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 Council President Kelly advised that since there was not a quorum at the Community and Economic Development Committee meeting this afternoon, these bills come to the Council without a recommendation. Ms. Judith Eck Rupsis, President, FDC Graphic Films and Partner in RJR 1 and Mr. Rich Rupsis, Vice - President of FDC Graphic Films and part owner in RJR, no address given, made the presentation for these Resolutions. Mr. Rupsis informed the Council that they are present to request a real property tax abatement for RJR for three (3) years and FDC Graphic Films for five (5) years. He noted that in 1995 they requested an abatement which the Council approved. However, at this time they have outgrown their facilities. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak either in favor of or in opposition to these Resolutions. Therefore, Councilmember Coleman made a motion to adopt Bill No. 02 -68. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. Additionally, Councilmember Coleman made a motion to adopt Bill No. 02 -69. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 3122 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE INDIANA DEVELOPMENT FINANCE AUTHORITY FOR A GRANT FROM THE PETROLEUM REMEDIATION GRANT INCENTIVE PROGRAM WHEREAS, the Indiana Department Finance Authority is administering the Petroleum Remediation Grant Incentive program for remediating petroleum contamination at brownfield sites; and and WHEREAS, the maximum grant amount is $250,000 and is to be used for a single project; -24- REGULAR MEETING SEPTEMBER 9, 2002 WHEREAS, an environmental assessment of Area A of the Studebaker /Oliver Redevelopment project has determined that there is some contamination caused by petroleum products and has, as part of the adopted redevelopment strategy, determined that environmental remediation will be needed; and WHEREAS, the City of South Bend would like to apply for funds from the Petroleum Remediation Grant Incentive program to pay for cleanup of contamination caused by petroleum products under the southern portion of Buildings 86 and 93 at the former Allied Stamping Plant facility; and WHEREAS, the Mayor is the Chief Executive Officer of the City and is the appropriate applicant for the grant from the Petroleum Remediation Grant Incentive program. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a grant application in the maximum amount of $250,000 to the Indiana Development Finance Authority for a grant from the Petroleum Remediation Grant Incentive program and to execute all documents related to the Petroleum Remediation Grant Incentive. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Petroleum Remediation Grant Incentive application to be submitted to the Indiana Development Finance Authority. SECTION III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the Indiana Development Finance Authority. SECTION IV. That the City of South Bend, Department of Community and Economic Development is hereby designated as the agency and office administering, on behalf of the City of South Bend, the Petroleum Remediation Grant Incentive awarded under this application. SECTION V. That 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 Kelly reported that due to the lack of a quorum, the Community and Economic Development Committee sends this bill to the Council without a recommendation. Ms. Ann Kolata, Senior Redevelopment Specialist, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Kolata advised that this Resolution authorizes the submission of a grant application to a new State of Indiana program for clean up of petroleum spills or remediation of petroleum problems in a brownfield area. The maximum grant is two hundred fifty thousand dollars ($250,000.00). The project is to remediate petroleum -based products that are located under the southern portion of two (2) buildings at the stamping plant in the old Studebaker area. This will require demolition of the floor so that the former press pit can be removed and the contaminated soil removed. If the budget allows, all or part of the building may be demolished but remediation can be done even if the building stays over the floor because the ceilings are high enough to allow that. Ms. Kolata noted that they do not expect to hear anything about this application for several months but are optimistic that it will receive favorable approval in Indianapolis. She mentioned that they have already -25- REGULAR MEETING SEPTEMBER 9, 2002 submitted the application last week so hopefully the Council will approve this Resolution. 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 seven (7) ayes. BILLS - FIRST READING BILL NO. 69 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2004 E. EDISON ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 70 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1018 -1020 NORTH SHERMAN STREET, 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 White seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 71 -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, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; SALAH & CYNTHIA HILAL, 52447 PORTAGE ROAD, 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 seven (7) ayes. BILL NO. 72 -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, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; RONALD & BEVERLY MATTHYS LLC, AN INDIANA LIMITED LIABILITY COMPANY, 57500 BLOCK OF MAYFLOWER ROAD, SOUTH BEND, INDIANA -26- I REGULAR MEETING SEPTEMBER 9, 2002 This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 73 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 630 EAST COLFAX, SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Pfeifer seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 74 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $348,654 WITHIN FUND 212 FOR THE PURPOSE OF ADMINISTERING THE AMERICORPS PROGRAM This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 23, 2002. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. 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 REOUEST FOR CITY WIDE BASKETBALL FACILITY - JOHN SWANSON Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, informed the Council that he wanted to again say that he believes the City needs a basketball center that people from all areas of town could congregate at and he will be saying that for the next twenty (20) years. Council President Kelly thanked Mr. Swanson for coming before the Council again on this issue. Councilmember Pfeifer suggested that Mr. Swanson contact Dr. Joan Raymond of the South Bend Community School Corporation to find out if a gym in one of the corporation schools could be made available for this purpose. Mr. Swanson stated that he will take that suggestion under advisement. ADJOURNMENT There being no further business to come before the Council, President Kelly adjourned the meeting at 8:30 p.m. ATTEST: Lorett J. Dud qity dlerk -27- ATTEST: Roland Kelly, President