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HomeMy WebLinkAbout03-26-01 Council Meeting MinutesREGULAR MEETING MARCH 26, 2001 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, March 26, 2001, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer 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 1st District Vice - President 2nd District President 3rd District 4th District 5th District 6th District Chairperson, Committee of the Whole At -Large At -Large At -Large 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 March 12, 2001 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s/David Varner Councilmember Coleman made a motion that the minutes of the March 12, 2001 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS PRESENTATION BY LA SALLE AREA NEIGHBORHOOD ASSOCIATION Ms. Linda Chism, Vice - President and Ms. Lucille Spalding, President, LaSalle Area Neighborhood Association, presented a year 2000 annual report of activities. Ms. Chism noted that their boundaries are Elwood on the north, Bendix on the East, Lincolnway West on the south and the Grand Trunk railroad to Portage on the west. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 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 nine (9) ayes. Chairman Ujdak presiding. ANNOUNCEMENT OF AGENDA ITEMS CONTINUED /STRICKEN Councilmember Ujdak announced that Bill No. 22 -01 regarding Historic Landmark status for the property at 501 West Washington, has been continued until the June 11, 2001 meeting of the Council. Additionally, Bill No. 9 -01 to vacate three (3) alleys in the Eddy Street area has been continued until the April 9, 2001 meeting of the Council. Lastly, Bill No. 25 -01 regarding amendments to the tax abatement ordinance has been withdrawn from consideration and will be stricken from the agenda. REGULAR MEETING MARCH 26, 2001 BILL NO. 22 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 501 WEST WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to continue this bill until the June 11, 2001 meeting of the Council at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 6 -01 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF GREENLAWN AVENUE FROM THE NORTH RIGHT OF WAY LINE OF MISHAWAKA AVENUE TO THE SOUTH RIGHT OF WAY LINE OF WALL STREET FOR A DISTANCE OF 561.5 FEET, MORE OR LESS, BEING A PART OF WHITCOMB & KELLER'S 6TH SUNNYMEDE ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation, as amended. In response to Councilmember Ujdak's inquiry, Mr. Gary Gilot, Director, Department of Public Works, advised that the Board of Public Works submits a favorable recommendation concerning this vacation petition. Council Attorney Kathleen Cekanski- Farrand presented the following amendment: The current Section V which reads as follows shall be struck: Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. The new Section V will be as follows: Section V. This ordinance shall be passed by the Common Council and be in full, force and effect, upon a Resolution being filed for Council consideration by the Administration which addresses the progress of the proposed construction related to the Adams High School project. Such Resolution shall further set forth a date certain for the effective date of the vacation of real property addressed in this ordinance, all of which shall be subject to the approval of the Common Council and the Mayor. Councilmember Coleman made a motion to accept the amendment as read. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Fred Stump, Deputy Superintendent, South Bend Community School Corporation, 635 South Main Street, South Bend, Indiana, made the presentation for this bill. Mr. Stump indicated that in December of 1999, the Board of School Trustees of the South Bend Community School Corporation identified a renovation addition project at Adams High School as a priority. This followed the completion of a feasibility study that was completed by Hebard and Hebard Architects. The Board of School Trustees, prior to the acceptance of that feasibility study, committed to and have continued to maintain a commitment to the concept of five (5) high schools in the South Bend Community School Corporation. The renovation of Adams High School is 1 r 1 REGULAR MEETING MARCH 26.2001 representative of that commitment. The Adams project as well as the other four (4) high schools stand independent of the current re- districting discussions. Those discussions are limited to the elementary and middle schools of the school corporation. The Board of School Trustees addressed the Adams project at numerous public board meetings, and special work sessions as well as a series of public hearings on the financing of the proj ect as required by Indiana law. The Board has sought public input at all phases of the planning. The constraints of the Adams site presented special challenges for the school corporation in completing a design that addresses the needs for a comprehensive twenty -first century high school. The school corporation approached the Park Department and initially requested that the Park Department give the school corporation the land between the existing Adams site to a point just east of and including the current Potawatomi softball field. That request was denied. Subsequently, community members stepped forth and initiated discussions with the City that led to a compromise involving a Shared Use Agreement between the school corporation and the Park Board for portions of the Potawatomi park property. The Park Department Board and the South Bend Community School Corporation Board of School Trustees approved a Memorandum of Understanding for this Shared Use Agreement at their respective meetings last Monday evening. Both public entities embrace this concept as a win -win for both the Park Department and the school corporation. The Shared Use Agreement allows the school corporation to provide needed outdoor physical education and athletic facilities at Adams High School. The implementation of this plan is dependent of Council approval of the closing of Greenlawn Avenue between Wall Street and Mishawaka Avenue. Mr. Stump stated that it is important to note that the outdoor physical education and athletic facilities on the site, as well as the upgrades at school field, account for just $2.75 million dollars of the $45.8 million dollars to be invested in the project. The bulk of the project costs are allotted for upgrades and additions to the academic areas of the school with these programs being a priority. The need for physical education and athletic facilities go hand in hand with the academic program in providing a comprehensive program for the students of the Adams High School community. Mr. Stump further stated that they are requesting the Council's support to vacate a portion of Greenlawn to allow the school corporation to move forward with the proposed site plan. Mr. Stump introduced Ms. Sheila Bergeron, a member of the South Bend Community School Corporation Board of School Trustees and Mr. Richard Hebard of Hebard and Hebard Architects who explained the current site plan for the Adams High School project. Ms. Bergeron thanked all who have been involved in this project. She stated that a question was raised earlier about whether there was a problem with redistricting and whether that could affect this project. She assured the Council that this project will not be affected by any redistricting as the Board is committed to maintaining five (5) high schools. They believe that smaller is better than larger and they are also pleased with the present high school make -up and the population has been stable. Ms. Bergeron stated that it was indicated that individuals would like to see a plan for redistricting. Currently there is no such plan and the redistricting of the high schools will not be addressed for the next two (2) years. Ms. Bergeron informed the Council that Adams High School has many needs. The expansion will include an auditorium and a cafeteria. With closed lunches, the need for a larger cafeteria and dining area has increased. Athletic fields will continue to be needed and used. The closing of Greenlawn will make Adams High School an appealing campus. This expansion project will allow the school to have their athletic events or teams on site as well as a track and tennis courts which they need. Soccer and baseball teams will use school field. In conclusion, Ms. Burgeron noted that the letters that were handed out to the Council are from the members of the River Park Businessmen Association showing their support. Mr. Richard Hebard informed the Council that he is the architect for this project. He pointed out and explained various expansion aspects and some of the key issues of the project utilizing a large scale site plan. He noted that the track will not fit on the current site with the expansion project as slated. The athletic facilities and physical education facilities that will be maintained on the site with this site plan are the six (6) tennis courts on the northeast corner of the site and the junior varsity football field internal to the track area. He noted that it is proposed that the varsity softball team will share the current softball diamond facility at Potawatomi Park. In another area, a practice field for REGULAR MEETING MARCH 26, 2001 football is proposed and also band practice. Mr. Hebard noted that the site design is basically developed to reduce congestion on the site surrounding the high school. Currently there is a significant amount of congestion at the intersection of Wall Street and Twyckenham Avenue. They have designed a bus drop off lane and a drop off plaza in the front of the historic main tower entry to the high school rejuvenating the main entrance to the high school. The buses will exit and head north on Twyckenham and they will not cross the traffic going south. Angled off site parking will be developed along Wall Street per the City Engineer's direction. The parking will be in the eastward orientation so that the cars would exit and head north on Greenlawn again reducing congestion at Wall Street. Additionally, they have created a number of drop -off and pick up points for students around the school. The northeast parking lot is slated for staff parking. This will assure that all the students won't be existing onto Wall Street into the neighborhoods at the close of school. This will also reduce congestion along Wall Street and the neighborhoods. A path sidewalk, eight (8) feet wide, will be developed creating access from the neighborhood at the north, looping around the track and coming back to the current stop light location at Mishawaka Avenue which will cross over to IUSB. The trees that have been removed on the park property will be replaced two (2) for one (1). Councilmember Kirsits inquired if the traffic light at Greenlawn and Mishawaka Avenue will remain as well as a safe pedestrian crossing at that location. He noted that without the cross street, the traffic might go through the light. Councilmember Kirsits further noted that the plan indicates that the median contains green space and he inquired if a pedestrian island was going to be created half- way across for people trying to cross at that location. Mr. Gilot advised that it is the City's intent to keep the traffic signal there for the purpose of pedestrian movements. There will be a push button to activate the light to stop the traffic so that pedestrians could cross. The presence of a grass median provides yet another safe oasis for people mid -way across and there will be a crosswalk between the walkway indicators. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individuals spoke in favor of the bill: Mr. Chris Murphy, 1008 Victory, South Bend, Indiana, informed the Council that he is a freshman at Adams High School and supports the closing of Greenlawn because he is a member of the marching band and the basketball team. As a member of the band they use the practice field for marching drills and practicing. As a member of the basketball team they use the track for summer and fall conditioning. Without the closing of Greenlawn, all athletics, marching band, physical education classes, as well as the general public, will be affected. Mr. Murphy stated that every day residents of the area use the tennis courts, the track and football field for exercise. Busing of athletes and the band to other schools is more expensive and a waste of valuable practice time. Other schools have practice fields at their schools and he asked that they do not make Adams the only school without a practice field. Ms. Barbara Saunders Brownell, 1407 Sunnymede, South Bend, Indiana, advised that she has always supported the Park Department as the City parks are a breath of life to the community. Ms. Brownell summarized her involvement in various actions at the city parks. She stated that she also supports the school corporation's efforts to update their buildings. The school corporation needs a part of Greenlawn closed to continue the Adams High School project. Ms. Brownell stated that the plan seems to not only better Adams High School but enhances a part of Potawatomi Park that is underutilized. She noted that the traffic will be less busy on Greenlawn once people realize they cannot get to Mishawaka Avenue. The street will be used solely as a route to the zoo and park. She noted that the number of high schools in the corporation is the job of the school board. Adams High School needs a bigger building and the only logical place they can turn is to the Park Department which gave its approval. In conclusion, Ms. Brownell noted that it is essential that the City and the school corporation work together for the betterment of the education program for all students. Mr. John Phair, 1612 East Washington, South Bend, Indiana, advised that he supports the closing of Greenlawn and believes that Potawatomi Park will be better than before. A little used open I- I- REGULAR MEETING MARCH 26, 2001 corner of the park at Wall and Greenlawn will be improved to a large open field for a variety of physical education and athletic teams for students of Adams and is being left open and available for use by all other park patrons. A softball field that is not used often now soon will become one of the best in the park system. A pedestrian path is being built that will connect the neighborhood to the north with IUSB, Mishawaka Avenue and the bus lines. Six (6) new public tennis courts will be used by high school students but will be open to the public. This plan gives the park an opportunity to reuse and reclaim the area where the current seldom used four (4) existing tennis courts are located. A new track to be utilized for the John Adams athletic program will also be available to the public. Additionally, the traffic entering the neighborhood will be significantly reduced. Those who live in the neighborhood and often use this route as a shortcut to Mishawaka Avenue or south will simply take Ironwood or Twyckenham which are capable of handling the cars currently using Greenlawn. Mr. Larry Koepfle, 1605 East Sunnymede Avenue, South Bend, Indiana, advised that he has a daughter that is a senior at Adams and another who will attend Adams next year so he has a vested interest in the planning and completion of Adams High School as it is proposed. He noted that in looking at the numbers, it would seem that the traffic on Greenlawn headed east to Mishawaka Avenue would be the highest. However, the numbers show that fifty -seven per cent (57 %) of the traffic going south on Greenlawn turn west toward Twyckenham. Forty -three per cent ( 43 %) go the other way. Therefore, it seems that traffic is wandering through the neighborhood. With the closing of Greenlawn, traffic will go either to the park or the school as it is intended to do. This plan is a tremendous plus for everyone in terms of facilities that will be available to the neighborhood and the general public. Mr. Dave Shadinger, 1703 Hoover Street, South Bend, Indiana, informed the Council that Adams High School has a very successful girls track team and a very successful summer track program is held at the high school as well. These programs will be affected if Greenlawn is not closed. Without Greenlawn the space needed for the track to be located on site will not be available. Closing Greenlawn also allows for the construction of six (6) tennis courts, which is the minimum number required to hold a tennis match. Without Greenlawn, the high school will lose its tennis courts. Hundreds of students will have to be bused or driven to athletic practice fields across the City. Traffic counts indicate that Greenlawn is a very minor traffic route. Mr. Shadinger stated that the issue of neighborhood support has been raised recently as public meetings and discussions have been held. He stated that he has been at these meetings and is in favor of this project. Currently, students park in front of his house and with the expansion plan additional parking will be put on site. Mr. Chuck Lennon, 1318 East Wayne North, South Bend, Indiana, stated that a hearing was held on March 1" at Adams High School with two hundred ten (210) individuals attending. Forty -one (41) individuals spoke with thirty (30) being in favor of closing Greenlawn and eleven (11) against. Individuals also had an opportunity to discuss the expansion plan at two (2) school board meetings. Mr. Lennon went over some reasons why it is good for the Park Department, the school corporation and the community to come up with this compromise. The policy of replacing the trees, two (2) for one (1) is a strong statement for the neighborhoods. The new tennis court placement will free up park land for more activities. The new track will be available for all citizens to use and to host the large summer program. The new softball footprint will be an upgrade. The new eight (8) foot wide walking path will be lit, landscaped and maintained by the school corporation. There will be one hundred twenty four (124) more parking spaces on the site. Lastly, Mr. Lennon stated that he would ask the Park Department, school corporation and the community to work to revise, renovate, and renew the old pavilion that has been boarded up for many years and make it available for additional covered space for benches and visiting. Mr. Lennon asked for the Council's support of closing Greenlawn. Mr. Michael McClure, 1726 East McKinley Avenue, South Bend, Indiana, indicated that he is a football coach and health teacher at Adams. He stated that he wanted to speak to the morale of the students and the spirit within the school because morale needs to be addressed. Students have the feeling that they just can't compete, not just because of the facilities but because the classrooms are old and dirty and it really does hurt morale. He noted that he can speak to the spirit of the students if this project doesn't happen. Mr. McClure stated that the right thing-to do is to close Greenlawn and build the best project they can so they can compete with other schools. REGULAR MEETING MARCH 26, 2001 Mr. Jim Kowalski, 57170 Pine View, South Bend, Indiana, informed the Council that he is the Director of Athletics at Adams High School. He noted that research supports that the number of students who participate in extra curricular activities will decrease when these activities are conducted off campus. Mr. Kowalski stated the site plan tries to improve on what they already have. Ms. Vickie Murphy, 1008 Victory Avenue, South Bend, Indiana, stated that this project will help thousands of people who go through Adams High School. Closing Greenlawn and expanding the school will be an asset to the east side and it will prevent more residents from exiting the east side of South Bend and moving to the east side of St. Joseph County. Ms. Ashlynne Harris, 1607 Devon Circle, South Bend, Indiana, indicated that she is a senior at Adams High School and President of the Student Council. On behalf of the Adams High School students she expressed her hope and support for the closing of Greenlawn Avenue in order to build on site athletic facilities with the renovated John Adams High School. If athletic facilities are not on site, this measure would affect over two hundred (200) student athletes. Not only would they have to be bused to all competitions but all practices would require busing as well. This will greatly affect student participation in sports and school spirit. The John Adams community has always been known for its tremendous support and Eagle pride. Keeping athletic facilities on site would encourage student morale, participation and spirit. Also, Greenlawn is known to be a high speed area for drivers to cut through and can be dangerous. The following individuals spoke in opposition to this bill. Mr. Mike Gamble, 513 South 30"' Street, South Bend, Indiana, informed the Council that he represents the River Park Neighborhood Association who opposes the Greenlawn closing. He noted that he serves on the Board and chairs the Infrastructure Committee. Mr. Gamble stated that public property should remain public property. Not everyone is into athletics or has children in school that are involved. The portion of the park that is in question is the only open space area. He inquired who will determine when citizens will be allowed access to their park through the shared space plan. It appears that the public can only use the facilities when Adams High School athletes or the band or anyone else is not using the park. That is not what the park was intended for. Mr. Gamble noted that in 1910 the City of Mishawaka proposed to annex River Park. That action was opposed and was successful. As part of that original annexation Resolution, the park was dedicated to the City as a park and park property for the future. In conclusion, Mr. Gamble stated that the park should remain a park and Greenlawn should remain open. Ms. Joyce Harrington, 1604 Hoover Street, South Bend, Indiana, stated that she opposes the closing of Greenlawn and is not alone in that opposition. She presented a petition containing over one hundred (100) signatures of individuals opposed to the closing of Greenlawn. While gathering names for the petitions she heard many concerns which she shared. There is a concern for the safety of children on Wall Street especially east of Greenlawn. Closing this street will increase both traffic flow and speed because Wall Street will be the only through street between Jefferson and Mishawaka. It will become the only access to the park. Children crossing from one side to the other will be at risk as they dash back and forth often from between parked cars. There are no sidewalks on Wall Street. All pedestrians along Wall Street will be forced to walk in the street. Wall Street is a narrow residential street and cannot take the increase in traffic and speed. Ms. Harrington further advised that people are also concerned about parking. The Wall Street residents were disturbed about the angled parking along Wall across from their homes and they worry about their property values. Many were upset about the loss of parking along Greenlawn. Since most of the people parking there now are not high school students but are park patrons, IUSB faculty, staff or students, there will be an increase of parking on the residential streets. This is particularly true during the summer months when there are many activities in the park. Another concern was not only the loss of Greenlawn but also park land and green space. People are unhappy that large open green space is being partitioned into several specialized areas as they use the open area. The idea of shared idea was not accepted. People who live near by questioned when the space will be shared since it will be used by the school from 7:00 a.m. to 6:00 p.m. with band practice, physical education and after school sports. In June it is often used by the band and in August it will be used for football. Traffic control in the area will become a nightmare if Greenlawn is vacated. It is not only the major entrance to the park but the only north south street between Ironwood and REGULAR MEETING MARCH 26.2001 Twyckenham. Ms. Harrington stated that she personally is opposed to the renovation plan as it is ill planned, costly and disruptive. Ms. Harrington informed the Council that they all received a copy of her letter concerning the park and she is against giving away park land. She is for green space and is against specializing any of the remaining green space at the park. The unspecialized green space at the park is a wonderful open multi - functional area and is used for many activities. The park is for all the citizens of the South Bend community. Ms. Harrington further stated that walkway security is a concern of hers and she also inquired who will plow it in the winter. Mr. Bob Rowland, 629 East Riverside, South Bend, Indiana, spoke in regards to the land use study by the school corporation. He also reviewed the amount of money that will be spent on athletics and for academics which include a new cafeteria, an auditorium and in- school detention areas. He stated that there is no academic improvement. Mr. Rowland stated that deciding on the Adams expansion is immature and that the long term use of the building must be looked at. When that is known they can quickly undertake a logical land use plan with alternatives. Ms. Diane Gleason Wright, 1540 Hoover Avenue, South Bend, Indiana, indicated that she is opposed to this vacation and the use of space at Potawatomi Park. She stated that Potawatomi Park is a valuable open space which enhances the lives of all the residents of South Bend and not just the neighborhood and it should be protected and not given away. Open space that currently exists at the park should be preserved for the expansion of current park functions such as Kids Kingdom, the Conservatory, the zoo and for open space in general. Giving over one half (' /z) acre of land for a track and football field and the sharing of even more space, contributes to the eradication of any open space that is in the park. The sharing aspect indicates that everyone wins. According to her understanding of the Memorandum of Understanding with the Park Department the school has priority over the general public. The school will be using the space at the same time the public will want to use them. The concept of sharing is well and good but the reality is one in which the taxpayers and the citizens of South Bend are unable to utilize the facilities when they most need them. Ms. Wright stated that she wholeheartedly supports the improvement of the school and doesn't want her opposition to the closing of Greenlawn to be construed as opposition to the renovation of the high school. She stated that the closing is not necessary and is not necessary to achieve academic improvements. Mr. Phil Suphal, 1232 Oakland Street, #16, South Bend, Indiana, stated that he has been following this issue and has been to a couple of meetings. He stated that he disagrees with the statement that there has been plenty of notice for this particular proposal. He further noted that he does not wish to speak to whether facilities are needed or the benefits of athletic facilities or whether Adams should be renovated but wants to speak to the proposal that Greenlawn be closed. Mr. Suphal stated that he lives in the area and is concerned about the traffic issue that he did not hear addressed at the one meeting that was held at the high school. The traffic on Mishawaka Avenue will increase greatly even though there is a pedestrian crossing and the speed of the traffic in front of IUSB will increase. All streets between Twyckenham and Greenlawn which are residential that are not currently being used as shortcuts will be used especially when traffic ties up at Twyckenham and Jefferson. He noted that a lot of people coming to IUSB or the park don't know the area and with this closing it will hinder someone getting back to the park or wherever they intended to go in the area. He stated that the Council should not vote on this matter today but should close that section of Greenlawn for a short period of time to see how people adjust and what happens. Mr. Suphal also wanted some extra assurances that people will be welcome to use the share facilities and asked how residents would know when they could use those facilities. Ms. Doris Tucker, 1213 South 32nd Street, South Bend, Indiana, informed the Council that this prof ect has been fast tracked and not given the proper study and impact on the neighborhood and the whole City and surrounding areas. Ms. Tucker noted that she uses Greenlawn a lot because her mother lives on Wall Street. One of the problems they have experienced was snow removal and she is concerned what closing Greenlawn is going to do to snow removal. The traffic volume and flow currently on Wall Street has not had sufficient study. The traffic flow right now is bad and in the afternoon when the students are getting out of school it is extremely difficult to try to get into her mother's driveway. She asked what it will be like when the amount of traffic is tripled because of the parking on Wall Street. The closing of a portion of Greenlawn takes away the parking on Greenlawn, taking away that access for people to flow in and around a public space. With the REGULAR MEETING MARCH 26, 2001 closing not only is there going to be increased traffic on Wall Street but the speed of the traffic on Wall Street is going to be worse. Ms. Tucker noted that not enough study has been done on the impact of the neighborhood with the traffic flow and speed and safety of the children and the residents. Someone needs to think about reducing the volume of traffic on Wall Street and put that extra parking on Mishawaka Avenue. Ms. Phyllis Fields, 1715 Wall Street, South Bend, Indiana, informed the Council that she lives on Wall Street and the-traffic is bad especially when the students are getting out of school. She stated that with them taking the green space they could have at least kept the football field across from the residential area instead of a concrete parking lot and tennis court. She noted that the football field is being put on Mishawaka Avenue. There was no one else from the public wishing to speak on this matter. Mr. Fred Stump declined the opportunity for rebuttal stating that he believes they have stated their side well. During the Council portion, Councilmember Kelly thanked everyone present this evening presenting their views pro and con. As with any controversial matter, a good exchange of ideas is important. He noted that the planning of this project has been going on for many months and in fact there have been quite a few versions of the plan and any number of community meetings in which people have been asked to provide input. As with any compromise, some changes have to be made. As pointed out earlier, the school corporation in its initial request wanted much more park land which the City did not agree to but instead did compromise and offer a small portion of Potawatomi Park for this project. Everyone agrees that Adams High School should be expanded and become a good high school for the twenty -first century and some changes have to be made in the neighborhood to accomplish that. Adams High School has been a great school for sixty -one (61) years and the community wants it to continue that way as it is a benefit to the community and the neighborhood. Councilmember Kelly stated that he favors this plan and thinks it's a good compromise. It is not pleasing to everyone but works well. Councilmember Kelly made a motion that this bill go to the full Council with a favorable recommendation as amended. Councilmember Coleman seconded the motion. Councilmember Pfeifer stated that she supports Adams High School which needs to be upgraded. She noted that it has been said that the Council needs to focus on the vacation of Greenlawn but believes that there is more to look at as the Council should not make decisions in isolation. They need to look at the overall plan as fifty million dollars should not be spent anywhere without a complete plan. More time is needed. Councilmember Pfeifer stated that there are very few areas in our community like Potawatomi Park, which is abeautiful, gorgeous park, and she feels strongly about taking any part of this park. She noted that at one time there was a plan that placed the track on site without the vacation of Greenlawn. She stated that she is not able to vote at this time for this plan as it is expensive and not enough study has been done. Councilmember Coleman stated that his concerns are the future use of the City's park land. He stated that he would not be supportive of this action if he felt that the City were giving up control of the adjoining park land in order to make this plan work. The sharing of the facilities will benefit both the City and the school corporation. Councilmember Coleman stated that he believes it is important to keep the students on site for as many athletic activities as possible and that that is a sound reason for giving consideration to the vacation of the street. He did note that the location of the basketball courts need to be reconsidered for the sake of the neighbors to the north. They should be placed so that they do not become an incompatible use with the neighbors that are in the immediate area. The Council's involvement in this process does end where the school board's jurisdiction begins. The City and the school corporation have attempted to work cooperatively on this effort and the public should know that it has not been without a fair amount of lively exchange to consider the future of Adams and the school corporation's request of the City. He noted that he believes that this plan does serve the corporation in fulfilling its mission with regard to Adams High school and he supports the plan. 111: 11' REGULAR MEETING MARCH 26, 2001 Councilmember White stated that it is encouraging to hear that the school corporation has made a commitment to maintain five (5) high schools and she does support the renovation of Adams High School. She noted that the traffic impact report received during the committee meeting this afternoon was a very limited report and she does not believe it gave the Council the type of information that is needed in order to make a decision whether or not to vacate Greenlawn. Councilmember White further noted that her vote against closing Greenlawn has nothing to do with Adams High School as that is a school board decision and that decision has been made. She stated that her concern is the impact of the traffic within the neighborhood and she has not been convinced that the impact would be at the minimum level that has been presented this far. Therefore, Councilmember White stated that she cannot support closing Greenlawn based on what has been heard up to this point. Councilmember Aranowski stated that the school board has made the decision and the commitment to renovate Adams High School and now the City must try to focus on how to make that the best proj ect possible. Councilmember Aranowski mentioned several streets that were previously vacated for various projects including the closing of Tutt Street for the Center for the Homeless, Columbia Street for the Crowe Chizek project and Navarre Street for Memorial Hospital. He noted that the change in traffic pattern in the Memorial Hospital project has actually made the flow of traffic through the neighborhood much better. Councilmember Aranowski noted that he is going to support the closing of Greenlawn. If there are problems with shared facilities then that problem needs to be addressed with the school board, the City and the Council. Councilmember Kirsits thanked everyone that has been part of this process. He noted that it is never easy to give up public land and recollected that twenty (20) years ago the City leased part of Browns Field Park to Lock Joint Tube Company. That property is now vacant and posted with no trespassing signs. Councilmember Kirsits stated that he uses the Greenlawn area as a bicycle route. It has been his experience that park facilities that were married to school facilities were better maintained and have been available for everyone to use. He believes that the community has spoken that they want five (5) high schools and the City will have to give a little. Therefore, he will be supporting this vacation. He stated that he shares the concerns of the residents that are against the vacation and he will do everything in his power to make sure that it is a safe area for pedestrians. Councilmember Varner stated that the school board has made a commitment to five (5) high schools. While it is true that the number of high schools is not the Council's decision, it can be put into the context of what is important to our community and that is property tax. He noted that St. Joseph County has the second highest property taxes in the State of Indiana. In the last five (5) or six (6) years taxpayers have taken on the $55 million dollar Riley High School project, the $25 million Detention Center Project, $45 million dollars for the new jail, several elementary school projects and it is still unknown what the College Football Hall of Fame will cost. These numbers keep adding up. On the one hand everyone says it is necessary to have all these facilities and on the other hand the Council hears from developers that their projects cannot proceed unless they are granted tax abatement because the rates are too high. Councilmember Varner noted that several years ago a school board member came before the Council and stated that tax abatements should not be granted because it was affecting school funding. Everyone wants what they want and in the last few years everyone has been getting everything they want. The burden grows and as it grows the ability to be competitive is affected. Councilmember Varner stated that it is not his decision whether or not the school corporation can afford five (5) high schools. However, we all operate as one large community and we are all affected not only by one big decision that is made but by all the little decisions as well. He noted that projects are driving decisions for the future rather than making a plan and letting the plan drive the projects. Councilmember Varner stated that he cannot support the vacation of Greenlawn at this time. At some point in the future when some important decisions have been made he will be prepared to support it at that time but it may take some time to work it out. Decisions are best made with more time for consideration than at this point in time. Councilmember Varner thanked everyone who participated in this process There were no other members of the Council wishing to speak on this matter. Councilmember Ujdak noted that a motion has been made by Councilmember Kelly and seconded by Councilmember Coleman to send this bill to the full Council with a favorable recommendation REGULAR MEETING MARCH 26.2001 as amended. A voice vote was taken. For the record, a roll call vote was then taken. The motion carried by a roll call vote of six (6) ayes and three (3) nays by Councilmembers Varner, White and Pfeifer. BILL NO. 9 -01 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 10 FOOT WIDE ALLEY LYING NORTH OF, AND ADJACENT TO LOT 1, THE 10 FOOT WIDE ALLEY LYING SOUTH OF, AND ADJACENT TO LOT 47, THE 12 FOOT WIDE ALLEY LYING NORTH OF, AND ADJACENT TO LOTS 5 AND 46 AND THE 12 FOOT WIDE ALLEY LYING EAST OF, AND ADJACENT TO LOTS 1 THROUGH 5 INCLUSIVE ALL WITHIN AND A PART OF HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion that this bill be continued until the Apri 19, 2001 meeting of the Council at the request of the Petitioner. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 25-01 PUBLIC HEARING ON A BILL AMENDING AND SUPPLEMENTING CHAPTER 2, ARTICLE 6, DIVISION 9, SECTION 2.84.1 OF THE SOUTH BEND MUNICIPAL CODE, BY ADDING THERETO CONSTRUCTION - RELATED CRITERIA AND GUIDELINES FOR PROJECTS BENEFITTED BY TAX ABATEMENT Councilmember Ujdak noted that the sponsors of this bill have asked that it be withdrawn from consideration. Therefore, Councilmember White made a motion to strike this bill from the agenda. Councilmember Kelly 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. 4orett. ATTEST: ud , City Clerk Andr , Chai er Committee of the Whole 1 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 9:05 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. REGULAR MEETING BILLS - THIRD READING ORDINANCE NO. 9205 -01 MARCH 26, 2001 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF GREENLAWN AVENUE FROM THE NORTH RIGHT OF WAY LINE OF MISHAWAKA AVENUE TO THE SOUTH RIGHT OF WAY LINE OF WALL STREET FOR A DISTANCE OF 561.5 FEET, MORE OR LESS, BEING A PART OF WHITCOMB & KELLER' S 6TH SUNNYMEDE ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the amended version of this bill as heard in the Committee of the Whole. Councilmember Ujdak seconded the motion which carried. Councilmember Coleman a motion to pass this bill as amended. Councilmember Kelly seconded the motion. The motion passed by a roll call vote of six (6) ayes and three (3) nays by Councilmembers Varner, White and Pfeifer. RESOLUTIONS: RESOLUTION NO. 2975-01 RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLYKNOWNAS 3520 WESTMOOR STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR AIRCRAFT LANDING SYSTEMS, ALLIEDSIGNAL, INC. (NOW KNOWN AS HONEYWELL, INC.) WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3520 Westmoor Street and which is more particularly described as follows: NEBE 4 37 2E TRACT 2, CONT 39.32 AC and which has Key Number 18- 2193 -7255, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 2717 -99 on April 12, 1999; and REGULAR MEETING MARCH 26, 2001 WHEREAS, the Petitioner has requested an additional period of time to complete construction of the planned project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby reconfirms its Declaratory Resolution and its Confirmatory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to three (3) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et se g. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. David Bitter, Chief Financial Officer, Honeywell, Inc., 3521Westmoor Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Bitter stated that Honeywell is requesting an extension of their tax abatement due to the fact that delivery of equipment has been delayed from the supplier. This project is the expansion of the infrastructure in Honeywell's aircraft landing systems facility on Westmoor Street. 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 Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2976-01 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 4126 SOUTH FELLOWS STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TERRY GILBERT 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 4126 South Fellows Street, South Bend, Indiana, and which is more particularly described as follows: Parkside Terrace Minor Subdivision Lot 8 and which has tax Key Number 18- 7164 - 577409, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections REGULAR MEETING 2 -76 et seg., and; MARCH 26, 2001 WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et 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 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 REGULAR MEETING MARCH 26.2001 redevelopment; and D. 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. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6- 1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Terry Gilbert, 19735 Rolling Acres Drive, South Bend, Indiana, made the presentation for this Resolution. Mr. Gilbert informed the Council that he wishes to build a single family house that he would then put up for sale. He stated that hopefully he can expand further into the City building new small family houses. Mr. Gilbert also stated that he hopes to acquire other properties in the City on which he can build new houses to encourage people to move back into the City. 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 Varner inquired of Mr. Gilbert the exact location of this property. Mr. Gilbert REGULAR MEETING MARCH 26.2001 stated that this property is located north of Ireland on Fellows Street and backs up against the Erskine Golf Course. It is the only vacant lot left. Councilmember Uj dak made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried by a roll call vote of nine (9) ayes. RESOLUTION NO. 2977-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA PROVIDING PRELIMINARY APPROVAL OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING FINANCING OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES TO BE OWNED BY IMAGINEERING PROPERTIES, LLC AND LEASED TO AND OPERATED BY IMAGINEERING ENTERPRISES, INC. (IMAGINEERING ENTERPRISES, INC. PROJECT) RESOLVED, by the Common Council of the City of South Bend, Indiana (the "City "), as follows: WHEREAS, the City is authorized by I.C. 36 -7 -11.9 and 12, et. sea. as supplemented and amended (the "Act') to issue revenue bonds for the financing of economic development facilities, the funds from said financing to be used for the acquisition, construction, installation and equipping of said facilities, and said facilities to be either leased to another person or directly owned by another person; and WHEREAS, Imagineering Properties, LLC (the "Applicant'), has advised the South Bend Economic Development Commission (the "Commission ") and the City that it proposes that the City issue and sell its economic development revenue bonds for the purpose ofproviding financing to the Applicant for lease to and operation by Imagineering Enterprises, Inc. (the "Lessee ") of certain economic development facilities consisting of the acquisition, construction, installation and equipping of an approximately 63, 600 square foot manufacturing facility, together with the purchase ofmachinery and equipment to be utilized therein, located at 4521 Nimtz Pkwy, South Bend, Indiana 46624 (the ":Project'), and the Commission has adopted a Resolution, containing the requisite findings of the Commission, recommending that the City adopt a resolution giving preliminary approval to a proposed issuance of economic development revenue bonds for the financing of the Project; and WHEREAS, the Project will be owned by the Applicant and leased to and operated by the Lessee for use as an economic development facility within the meaning of the Act; and WHEREAS, it appears that the creation and retention of opportunities for gainful employment and the creation of business opportunities to be achieved by the Project will serve a public purpose and will be of benefit to the health and general welfare of the City, and that the proposed financing complies with the provisions of the Act; and WHEREAS, it appears that the Project will not have adverse competitive effect on any similar facility already constructed or operating in the City; FURTHER RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council finds, determines, ratifies and confirms that the creation and retention of opportunities for gainful employment and the creation of business opportunities to be achieved by the Project in the City of South Bend, Indiana will be of benefit to the health and general welfare of the citizens of the City; and that it is in the public interest that the Common Council take such action as it lawfully may to encourage diversification of industry and promotion of job opportunities in and near said City. REGULAR MEETING MARCH 26.2001 SECTION 2. The Common Council further finds, determines, ratifies and confirms that the issuance and sale of economic development revenue bonds of the City under the Act in an amount not to exceed $5,000,000 for the Project and the loan of the proceeds of the revenue bonds to the Applicant will serve the public purposes referred to above, in accordance with the Act. SECTION 3. The proposed economic development facilities will not have an adverse competitive effect on any similar facilities already under construction or in operation in the City. SECTION 4. In order to induce the Applicant to proceed with the Project, the Common Council hereby finds, determines, ratifies and confirms that: (i) It will take or cause to be taken such actions pursuant to the Act as may be reasonably required to implement the aforesaid financing, or as it may deem reasonably appropriate in pursuance thereof; provided that all of the foregoing shall be mutually acceptable to the City and the Applicant; and (ii) It will adopt such ordinances and resolutions and authorize the execution and delivery of such instruments and the taking of such action as may be reasonably necessary and advisable for the authorization, issuance and sale of said economic development bonds. SECTION 5. All costs of the Proj ect incurred for planning, engineering, interest paid during construction, underwriting expenses, attorney and bond counsel fees, acquisition, construction, installation and equipping of the Project will be permitted to be included as part of the Project costs to be financed out of the loan of the proceeds from the sale of the bonds to th extent permitted by the Act and applicable regulations promulgated under the Internal Revenue Code of 1986, as amended. SECTION 6. All action taken and approvals given by the City with regard to the Applicant are based upon the evidence submitted and representations made by the Applicant, its agents and counsel. No independent examination, appraisal or inspection of the Project was made, requested, or is contemplated by the City. SECTION 7. The City does not, by this or any other approval or finding, guarantee, warrant or even suggest that the bonds (if and when issued), coupons or series thereof will be a reasonable investment for any person, firm or corporation. SECTION 8. The City shall not be obligated, directly or indirectly, to see to the application or use of the proceeds from the sale of the bonds or to see that the contemplated improvements, if any, are constructed. The City is in no way responsible to the holders of any bonds for any payment obligation created by the bonds. SECTION 9. The City does not warrant, guarantee or even suggest that interest to be paid to or income to be received by the holders of any bond, coupon, or series thereof is exempt from taxation by any local, state or federal government. SECTION 10. The bonds, if and when issued, shall be special, limited obligations of the City payable solely from the funds provided therefor as described in the indenture authorizing the bonds, and shall not constitute an indebtedness of the Commission or the City or a loan of the credit thereof. SECTION 11. This resolution does not constitute a binding obligation of the Commission or the City to issue the bonds, but instead, is a commitment by the City to proceed with negotiations for the financing described herein with the Applicant and is subject to the adoption of a bond ordinance by the City in accordance with the provisions of the Act. SECTION 12. This resolution shall be in full force and effect upon adoption and compliance with I.C. 36 -4 -6 et. se q. REGULAR MEETING MARCH 26, 2001 The foregoing was passed and adopted by the Common Council this 26th day of March, 2001. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA s /Charlotte Pfeifer Member, Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Kenneth P. Fedder, Attorney at Law, 53600 North Ironwood Drive, South Bend, Indiana, made the presentation for this Resolution. Mr. Fedder informed the Council that he is the attorney for the South Bend Economic Development Commission. The Commission has accepted an application for a $5 million dollar revenue bond and passed an Inducement Resolution for Imagineering Enterprises, Inc. the lessee of the facilities. They presently operate at 1302 Sample Street and employ forty -six (46) individuals with a payroll in excess of $1.6 million dollars. Imagineering anticipates that over the next three years, this project, when completed, will double that employment. The company plans to construct a new facility at 4521 Nimtz Parkway in the Blackthorn Park . The proposed project includes a six thousand (6,000) square foot corporate office facility and a fifty seven thousand six hundred (57,600) square foot metal finishing plant on an 8.67 acre plot of land. The existing facility will be offered for sale and will continue to be used in the community. Jobs will be retained and there will be additional employment. Mr. Fedder noted that these are not general obligation bonds of the City of South Bend and there is no taxpayer liability. These are limited special obligation bonds and payment for the project comes from the project itself. Mr. Fedder also noted that a funding ordinance for the issuance of revenue bonds which will be sold and the money lent to the applicant for construction of the new facility, will come before the Council in the near future. 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. In response to Councilmember Aranowski's inquiry, he was advised that Imagineering's building is in the Enterprise Zone. He noted that this is a strong commitment by Imagineering to move their facilities from an Enterprise Zone to the Blackthorn Development Area and paying property taxes and inventory tax as well as making a commitment to double employment. Councilmember Aranowski thanked Imagineering officials for staying in South Bend. 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 nine (9) ayes. RESOLUTION NO. 2978-01 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS FROM THE SEWAGE WORKS CAPITAL FUND ( #642) TO THE PARKS MAINTENANCE FUND ( #201), WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA WHEREAS, it is necessary to provide funds for the Park Maintenance Fund ( #201) prior to the receipt of taxes in the year 2001 in order to meet the current operating expenses of the City Parks Department provided for in the budget adopted for the year 2001. WHEREAS, monies are on deposit to the credit of the City, specifically, the Sewage Works Fund ( #642), which can be temporarily transferred to the Park Maintenance Fund. WHEREAS, Indiana Code §36 -1 -8 -4 authorizes the Common Council of the Civil City of South Bend by Resolution adopted by such Council, to advance and transfer to a depleted fund from REGULAR MEETING MARCH 26, 2001 any other such fund, such amount and for such a period of time as may be prescribed in the Resolution. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend as follows: Section I. The City Controller of the City of South Bend is authorized to transfer an aggregate sum not to exceed $1,500,000 as follows: From Maximum To Maximum Sewage Works $1,500,000 Park Maintenance $1,500,000 Capital Fund ( #642) ' Fund ( #201) Section II. Such transfer shall be made for a period of time not to extend beyond December 31, 2001, and those funds which are transferred shall be returned and repaid to the original fund from which they were transferred. Section III. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member, Common Council Mr. Bill Carleton, Fiscal Officer, Park Department, 321 East Walter Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Carleton stated that this Resolution authorizes the temporary transfer of up to $1.5 million dollars in the City funds to cover expenditures in the Park Maintenance Fund until the time they receive the disbursement of property tax revenues at the end of June and December. 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 Kelly seconded the motion with carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 26-01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 1003 EAST WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on April 9, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 27-01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 1031 E. JEFFERSON AND 123 EDDY, IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING MARCH 26, 2001 This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on April 9, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 28 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND IMPROVE UTILITY SERVICE AND TO ALLOCATE COSTS TO A RECENTLY ANNEXED AREA WITHIN THE MUNICIPAL CITY LIMITS AND ALSO TO AN AREA OUTSIDE THE CITY LIMITS LOCATED ALONG U.S. 31 SOUTH OF KERN ROAD IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (PHASE II) This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on April 9, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt ofrecommendations from the Area Plan Commission of St. Joseph County, for the following ordinances based on their Public Hearing held on March 20, 2001: BILL NO. 11 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 10, SIGN REGULATIONS, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY REVISING AND LIMITING THE SIZE, SEPARATION DISTANCE, DISPLAY AREA AND HEIGHT OF OUTDOOR ADVERTISING SIGNS BILL NO. 14-01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; (BRICK ROAD L.L.C., MICHIANA LIMITED LIABILITY CO.) (23260 BRICK ROAD, SOUTH BEND, INDIANA 46628) BILL NO. 12 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3200 BLOCK OF ELWOOD AVENUE IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 17 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 430 SOUTH 26TH STREET IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer these bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on April 9, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING NEW BUSINESS MARCH 26, 2001 DISCUSSION OF PROJECT LABOR AGREEMENT Councilmember Varner advised that at the next meeting of the Public Works and Property Vacation Committee he has scheduled a time for discussion of the Project Labor Agreement which appears as part of the bid process for the new municipal services facility. He noted that this Agreement has not been part of the bid process in the past and he feels the subject needs discussion to consider when this Agreement mayor may not be used. Councilmember Varner stated that Mr. Gary Gilot, Director, Department of Public Works, will make a presentation. Councilmember King stated that in addition to Mr. Gilot's presentation, a legal perspective on this matter would be helpful. Council Attorney Kathleen Cekanski- Farrand stated that Councilmember Varner has discussed this matter with her and she has started her review. She noted that she will seek outside sources but has prepared an initial review for Councilmember Varner. REPORT FROM COUNTY ENGINEER REGARDING BRIDGES Council Attorney Kathleen Cekanski- Farrand stated that Councilmember Varner has asked the County Engineer to attend a Council meeting in April to discuss bridges. Attorney Cekanski - Farrand advised that she has spoken with the County Engineer and has been told that a consultant will be discussing this matter with the Council at a date not yet set. PRIVILEGE OF THE FLOOR There was no one present wishing to speak at this time. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 9:25 p.m. ATTEST: ATTEST: Charlotte Pfeifer, Presiders 1 1