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HomeMy WebLinkAbout04-23-01 Council Meeting MinutesREGULAR MEETING APRIL 23, 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, April 23, 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 ls` District Vice - President Charlotte Pfeifer 2nd District President Roland Kelly 3rd District Karl King 4"' District David Varner 5`'' District Andrew Ujdak 6"' District Chairperson, Committee of the Whole Sean Coleman At -Large Al `Buddy" Kirsits At -Large Karen L. White At -Large Absent: None REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the April 9, 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 April 9, 2001 meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 2987 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING ALL POLICE OFFICERS AND ESPECIALLY THOSE KILLED IN THE LINE OF DUTY AND DECLARING THE WEEK OF MAY 7,200 1, AS LAW ENFORCEMENT MEMORIAL WEEK IN SOUTH BEND, INDIANA WHEREAS, the Common Council of the City of South Bend, Indiana, notes that on Wednesday, May 9, 2001 the men and women of the Fraternal Order of Police, Lodge #36 will conduct the City's annual tribute and memorial service to honor those officers who have given their lives in the line of duty while serving the citizens of the City of South Bend; and WHEREAS, the Common Council further recognizes that the following South Bend Police Officers were killed in the line of duty: HANS BRANDT PAUL R. DEGUCH NEIL MCINTYRE FRED E. BULAND THOMAS J. DERUE, SR. DELBERT THOMPSON OSCAR CHRISTENSON CHARLES E. FARKAS, SR. LLOYD THOMPSON SAMUEL COOPER RONALD ST. GERMAIN, SR. HOWARD WAGNER LEWIS KELLER; and REGULAR MEETING APRIL 23, 2001 WHEREAS, the National Law Enforcement Officers Memorial was dedicated on October 15,1991, and bears the names of over 15,000 peace officers who were killed in the line of duty since 1794; with the names of 150 federal, state and local police officers killed in the year 2000 being added this year to commemorate those officers who served as the "thin blue line" standing between the lawful and the lawless. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. On behalf of all the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commemorates and honors the thirteen (13) members of the South Bend Police Department who paid the ultimate sacrifice while serving and protecting the residents of our city. Section II. The Common Council honors each of these fallen police heroes, not because of the way each of them died, but rather because of the way each of these officers lived and performed their police duties every day of the year. Section III. The Common Council hereby declares the week of May 7th, 2001 as LAW ENFORCEMENT MEMORIAL WEEK IN SOUTH BEND, INDIANA, and urges all citizens to work together toward peace and harmony in all of our neighborhoods in partnership with our dedicated police officers. Section IV. The Common Council further urges all governmental agencies, businesses, and residents of the City of South Bend to fly their flags at half -staff on Tuesday, May 15`h, the national "Peace Officers Memorial Day" in the United States of America. 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/James Aranowski, First District s /Andrew Ujdak, Sixth District s /Charlotte Pfeifer, Second District s /Sean Coleman, At Large s/Roland Kelly, Third District s /Al `Buddy" Kirsits, At Large s/Karl King, Fourth District s/Karen L. White, At Large s/David Varner, Fifth District s/Kathleen Cekanski- Farrand Council Attorney ATTEST: s /Loretta J. Duda, City Clerk s /Stephen J. Luecke, Mayor Councilmember Ujdak made the presentation for this Resolution by reading it in its entirety and presenting it to Corporal Ron Glon of the South Bend Police Department. 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, the Resolution was adopted by acclamation. RESOLUTION NO. 2988-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE STUDEBAKER /OLIVER PLOW WORKS REDEVELOPMENT STRATEGY WHEREAS, in 1999 the City of South Bend commissioned Development Concepts, Inc. to conduct a study of the Studebaker Corridor and the Oliver Plow Works to determine the potential REGULAR MEETING APRIL 23, 2001 for reuse and/or redevelopment of the property; and WHEREAS, as part of that study a twenty -six member Steering Committee was appointed by the Mayor to offer input and expertise to Development Concepts, Inc. as they prepared the Redevelopment Strategy; and WHEREAS, the Steering Committee consisted of property owners and businesses in the Studebaker Corridor and Oliver Plow Works properties; and WHEREAS, the Steering Committee also included representatives of real estate developers, business attraction groups, industrial real estate professionals, historic preservation, the South Bend Common Council, the South Bend Redevelopment Commission, business associations, neighborhood associations, the Urban Enterprise Association, Workforce Development and other community wide groups; and WHEREAS, Development Concepts, Inc. finalized the strategy and presented the City of South Bend with a document entitled "Studebaker /Oliver Plow Works Redevelopment Strategy" dated November, 1999; and WHEREAS, the South Bend Redevelopment Commission adopted this strategy on October 13, 2000; and WHEREAS, the South Bend Common Council now wishes to adopt the "Studebaker /Oliver Plow Works Redevelopment Strategy" to indicate it's support for the redevelopment strategy outlined in the document: -- NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council of the City of South Bend, Indiana, hereby adopts the "Studebaker /Oliver Plow Works Redevelopment Strategy" prepared by Development Concepts, Inc. dated November, 1999. SECTION II. 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 /Charlotte Pfeifer Member of the Common Council Ms. Ann Kolata, Senior Redevelopment Specialist, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Kolata informed the Council that this Resolution adopts the strategy for the Studebaker /Oliver Plow Works area that was developed in November of 1999. The adoption of this Resolution puts the Council's endorsement on the strategy that was developed over a period of eight (8) months and which involved a number of individuals. Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. REGULAR MEETING APRIL 23, 2001 RESOLUTION NO. 2989-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT RELATED TO GRANTS FROM THE NEIGHBORHOOD INITIATIVE PROGRAM AND THE ECONOMIC DEVELOPMENT INITIATIVE PROGRAM WHEREAS, the Congressional appropriation for the Department of Veteran Affairs and Housing and Urban Development for the fiscal year ending September 30, 2001 included $1,500,000 for the City of South Bend, Indiana for the redevelopment of the Studebaker Corridor and $250,000 from the Economic Development Initiative Program for the City of South Bend, Indiana for economic development activities related to the Studebaker Auto /Oliver Plow Works project; and WHEREAS, the Department of Housing and Urban Development subsequently asked the City of South Bend to submit applications for these funds and the applications were submitted in January, 2001; and WHEREAS, these applications were not previously authorized by the Common Council of the City of South Bend; and WHEREAS, the City of South Bend has now received documents from the Department of Housing and Urban Development for both of these grants and the documents need to be executed by the City of South Bend; and WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the appropriate signatory for documents related to grants from the United States Department of Housing and Urban Development through the Neighborhood Initiative Program and the Economic Development Initiative 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 execute all documents with the United States Department of Housing and Urban Development related to grants from the Neighborhood Initiative Program and the Economic Development Initiative Program. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Neighborhood Initiative Program grant application and the Economic Development Initiative grant application that were submitted to the United States Department of Housing and Urban Development. SECTION III. 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 Neighborhood Initiative and Economic Development Initiative grants authorized by this application. SECTION IV. 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 /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. 1 REGULAR MEETING APRIL 23, 2001 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 Mayor to execute documents related to two (2) grants that have been received from the Department of Housing and Urban Development. She noted that it was realized that this matter had not previously been submitted to the Council to get authorization for submitting the application, preparation of the paperwork following the listing in the federal budget, and authorizing the Mayor to executive all of the documents. Ms. Kolata stated that these two (2) grants total approximately $1.75 million dollars. 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. WELCOME TO BOY SCOUT TROOP #324 Council President Pfeifer welcomed People of Praise Boy Scout Troop #325 to the meeting and thanked them for their interest. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m. Councilmember White made a motion to resolve into the Committee of the Whole. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. - Chairman Ujdak presiding. 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 Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with an unfavorable recommendation. Mr. John Hosinski, Attorney at Law, 215 South St. Joseph Street, South Bend, Indiana, advised that he was present on behalf of the Petitioner, Eddy Street Land Trust. Mr. Hosinski noted that this matter has been discussed at great length before the Public Works and Property Vacation Committee on numerous occasions, including the committee meeting held this afternoon, and the Council is aware of the petitioner's position. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill: Mr. James Harris, 1125 South Bend Avenue, South Bend, Indiana, advised the Council that he has REGULAR MEETING APRIL 23.2001 been to several hearings and this matter has been postponed each time. He submitted a letter opposing the closing of the alleys as well as a petition signed by eighteen (18) homeowners opposed to the closing. He also submitted a drawing showing what property is owned by homeowners and landlords. Mr. Harris noted that Mr. Freidline, the Petitioner, intends to consolidate his lots for resale. Mr. Harris further noted that he is interested in the residents, in redevelopment and in his own livelihood. Ms. Kimberly Menter, CEO, Northeast Neighborhood Revitalization Organization, no address given, advised that since they have not received a documented plan that is clearly defined that shows any feasibility for closing the alleys, they oppose the closing at this time. She noted that they have recently hired a master planner and will be able to evaluate the housing stock and property in the area and determine what is most feasible for the neighbors and for other residents of the area. Mr. Hosinski declined his right for rebuttal. There being no one else present wishing to speak to the Council in opposition to this bill, Councilmember King made a motion to send this bill to the full Council with an unfavorable recommendation. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 29-01 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS TUTT STREET FROM THE EAST RIGHT OF WAY LINE OF LAFAYETTE BLVD. TO THE WEST RIGHT OF WAY LINE OF MAIN STREET FOR A DISTANCE OF 345 FEET, MORE OR LESS. BEING A PART OF GARST' S 1sT 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. Mr. Mike Dobson, B &R Oil Company, 227 East Cleveland Road, South Bend, Indiana, made the presentation for this bill. Mr. Dobson stated that B &R Oil and RLBI LLC are the developers of the Arby's Restaurant, convenient store and gasoline station located at the northwest corner of Main and Sample Street which is currently under construction. He noted that Tutt Street is a short street that runs between Main Street and Lafayette Boulevard and dead -ends both to the east of Main and the west of Lafayette. The vacation of the street will not change how the site is being developed. He noted that their only interest in vacating the street is to pick up additional parking and additional green space. He also noted that he has letters from AEP and Design Packaging also in favor of this vacation. 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 Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 31 -01 PUBLIC HEARING ON A BILL ESTABLISHING ONE ADDITIONAL FUND IN THE SAMPLE EWING DEVELOPMENT AREA, NAMELY, FUND NO. 209 STUDEBAKER/OLIVER REVITALIZATION GRANTS 1 1 I REGULAR MEETING APRIL 23, 2001 Councilmember Kelly made motion to hear the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this bill to the Council favorably. Ms. Ann Kolata, Senior Redevelopment Specialist, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Kolata stated that this bill establishes Fund #209 into which proceeds from grants received from the Neighborhood Initiative Program and the Economic Development Initiative Program from the Department of Housing and Urban Development will be deposited. The monies will be used to implement the strategy for the Studebaker Oliver Plow area. All monies remaining in that fund at the end of the year would stay with that fund and would not revert. This is a continuing fund for the grant monies. 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 Kelly made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 32 -01 PUBLIC HEARING ON A BILL APPROPRIATING - $90,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this bill to the Council favorably. Mr. Jon R. Hunt, Executive Director, Community and Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Hunt stated that this bill appropriates ninety thousand dollars ($90,000.00) from the Federal Urban Development Action Grant fund for purposes of pre - development activities which include feasibility studies, preliminary architectural engineering work, site plans and a variety of other activities for economic development and community development activities. In the past this money has been used for projects such as Bosch and Crowe Chizek and a number of other existing businesses and organizations. It is proposed that this year the funds be used for a set of activities which include working with existing businesses and community organizations in a predevelopment phase to move projects forward from an idea to a reality. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING APRIL 23, 2001 BILL NO. 33 -01 PUBLIC HEARING ON A BILL APPROPRIATING $3,405,000, PLUS INTEREST EARNED THEREON, WITHIN FUND 212 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER - OLIVER PROJECT AREA Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this bill to the Council favorably. Ms. Ann Kolata, Senior Redevelopment Specialist, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Kolata informed the Council that this is an appropriation of Section 108 Loan Funds that will be used for the Studebaker Oliver Project. 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 Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 34 -01 PUBLIC HEARING ON A BILL APPROPRIATING $800,000, PLUS INTEREST EARNED THEREON, WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER- OLIVER PROJECT AREA BILL NO. 35 -01 PUBLIC HEARING ON A BILL APPROPRIATING $249,450, PLUS INTEREST EARNED THEREON, WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER - OLIVER PROJECT AREA BILL NO. 36 -01 PUBLIC HEARING ON A BILL APPROPRIATING $1,496,700, PLUS INTEREST EARNED THEREON, WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER - OLIVER PROJECT AREA Councilmember Kelly made a motion to combine Bill Nos. 34 -01, 35 -01 and 36 -01 for purposes of Public Hearing. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly reported that the Community and Economic Development Committee met on these bills and recommends them to the Council favorably. Ms. Ann Kolata, Senior Redevelopment Specialist, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for these bills. Ms. Kolata stated that these bills appropriate funds from the Brownfield Economic Development Initiative Fund, the Economic Development Initiative and the Neighborhood Initiative Programs all though the Department of Housing and Urban Development. The monies will go into the previously approved fund and will be used to implement the strategy for the Studebaker Oliver Project. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. REGULAR MEETING APRIL 23, 2001 There was no one present wishing to speak to the Council either in favor of or in opposition to these bills. Therefore, Councilmember Coleman made a motion for favorable recommendation to full Council regarding Bill No. 34 -01. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Further, Councilmember White made a motion for favorable recommendation to full Council concerning Bill No. 35 -01. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Finally, Councilmember King made a motion for favorable recommendation to full Council concerning Bill No. 36 -01. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 37 -01 PUBLIC HEARING ON A BILL APPROPRIATING $50,000 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S AREA REVITALIZATION EFFORTS Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this bill to the Council favorably. Ms. Ann Kolata, Senior Redevelopment Specialist, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Kolata noted that this bill appropriates fifty thousand dollars ($50,000.00) of grant monies from the State of Indiana through the Indiana Development Finance Authority to be used for Brownfield site assessments. Of this money, nine thousand dollars ($9,000.00) will be used for the Omniplex lead based paints survey and forty thousand dollars ($40,000.00) will be used for the Studebaker Area A shallow and deep monitoring well installation which is a portion of the Phase II site investigation of Area A outlined in the strategy. 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 White made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 38 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $14,685.00, HAZMAT FUND (FUND #289) Councilmember Aranowski reported that the Health and Public Safety Committee and the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Battalion Chief James Lopez, Chief of Special Operations, South Bend Fire Department, 701 West Sample Street, South Bend, Indiana, made the presentation for this bill. Chief Lopez requested the appropriation of fourteen thousand six hundred eighty five dollars ($14,685.00) from Fund #289 to replace and purchase new equipment for the Hazmat Team for the year 2001. REGULAR MEETING APRIL 23, 2001 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Kirsits advised that, for the record, in regards to Bill Nos. 38 -01 and 39 -01, he is employed by the South Bend Fire Department. However, based on the Council Attorney's opinion, voting on either bill will not present a conflict of interest. Therefore, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 39 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $16,265.00, INDIANA RIVER RESCUE FUND (FUND #291) Councilmember Aranowski reported that the Health and Public Safety Committee and the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Battalion Chief James Lopez, Chief of Special Operations, South Bend Fire Department, 701 West Sample Street, South Bend, Indiana, made the presentation for this bill. Chief Lopez requested this appropriation from the Indiana River Rescue Fund (Fund #291) to replace and improve equipment for the Indiana River Rescue Program. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Therefore, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 40-01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE TRANSFER TO THE SOUTH BEND COMMUNITY SCHOOL CORPORATION OF PARK PROPERTY IN POTAWATOMI PARK AND THE EAST HALF OF GREENLAWN AVENUE Councilmember Coleman reported that the Parks, Recreation, Cultural Arts and Entertainment Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Anne Bruneel, Baker & Daniels, Attorneys at Law, 205 West Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Bruneel stated that this ordinance serves as the approval by the Council of the disposition of certain property by the South Bend Board of Park Commissioners. Pursuant to Indiana law Common Council approval is necessary for such a disposition. The property to be conveyed is the east one -half ( %2) of vacated Greenlawn Avenue between Wall Street and Mishawaka Avenue as well as a small section of Potawatomi Park. This property will be used by the school corporation in connection with the renovation of Adams High School. The conveyance is proposed to be made at such time as the vacation of Greenlawn as previous approved by this Council is effective. L 1 1 REGULAR MEETING APRIL 23, 2001 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Phil St. Clair, Superintendent, Parks and Recreation, 321 East Walter Street, South Bend, Indiana, stated that the City has worked with the school corporation for the past six (6) to seven (7) months on this plan and the Board of Park Commissioners formally approved this plan at their March 19'h meeting. He further stated that it is a win -win situation for the Parks and Recreation Department as well as the school corporation and the plan includes upgraded facilities at Potawatomi Park and shared use. Councilmember Coleman noted that this is a substitute bill that is being considered by the Council at this time. Therefore, Councilmember Coleman made a motion that the Council consider the substitute bill. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes and two (2) nays by Councilmembers White and Varner. Councilmember White stated that for the record her objection to this bill has nothing to do with whether or not Adams High School should be renovated but rather she is opposed to giving away limited park space as well as the closing of Greenlawn Avenue. Councilmember Varner noted that he was not supportive of the closing of Greenlawn Avenue and as such he cannot be supportive of the transfer of park property which is adjacent to the street. There was no one else present wishing to speak to the Council in favor of this bill and there was no one present wishing to speak in opposition to this bill. Therefore, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kelly seconded the motion which carried by a roll call vote of six (6) ayes and three (3) nays by Councilmembers Varner, White and Pfeifer. RISE AND REPORT Councilmember Kelly made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATT . orett d a , Chair er Committee of the Mole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:45 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING BILL NO. 9 -01 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 I THROUGH 5 INCLUSIVE ALL WITHIN AND APART OF HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING APRIL 23, 2001 Councilmember Varner made a motion that this bill be defeated. Councilmember King seconded the motion which carried by a roll call vote of nine (9) ayes. ORDINANCE NO. 9213 -01 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS TUTT STREET FROM THE EAST RIGHT OF WAY LINE OF LAFAYETTE BLVD. TO THE WEST RIGHT OF WAY LINE OF MAIN STREET FOR A DISTANCE OF 345 FEET, MORE OR LESS. BEING A PART OF GARST' S 1ST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9214 -01 AN ORDINANCE ESTABLISHING ONE ADDITIONAL FUND IN THE SAMPLE EWING DEVELOPMENT AREA, NAMELY, FUND NO. 209 STUDEBAKER/OLIVER REVITALIZATION GRANTS This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as substituted. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9215 -01 AN ORDINANCE APPROPRIATING $90,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9216 -01 AN ORDINANCE APPROPRIATING $3,405,000, PLUS INTEREST EARNED THEREON, WITHIN FUND 212 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER - OLIVER PROJECT AREA This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9217 -01 AN ORDINANCE APPROPRIATING $800,000 PLUS INTEREST EARNED THEREON, WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER - OLIVER PROJECT AREA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 1 I 1 REGULAR MEETING APRIL 23, 2001 ORDINANCE NO. 9218 -01 AN ORDINANCE APPROPRIATING $249,450, PLUS INTEREST EARNED THEREON, WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER- OLIVER PROJECT AREA This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9219 -01 AN ORDINANCE APPROPRIATING $1,496,700, PLUS INTEREST EARNED THEREON, WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER- OLIVER PROJECT AREA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9220-01 AN ORDINANCE APPROPRIATING $50,000 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S AREA REVITALIZATION EFFORTS This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9221-01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $14,685.00 HAZMAT FUND (FUND #289) This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9222-01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $16,265.00 INDIANA RIVER RESCUE FUND (FUND #291) This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9223-01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE TRANSFER TO THE SOUTH BEND COMMUNITY SCHOOL CORPORATION OF PARK PROPERTY IN POTAWATOMI PARK AND THE EAST HALF OF GREENLAWN AVENUE This bill had third reading. Councilmember Kelly made a motion to consider the substitute version of this bill. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Kelly made a motion to pass this bill as substituted. REGULAR MEETING APRIL 23, 2001 Councilmember Coleman seconded the motion which carried by a roll call vote of six (6) ayes and three (3) nays by Councilmembers White, Varner and Pfeifer. RESOLUTIONS BILL NO. 01 -26 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 209 EAST COLFAX AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR INDIANA LAND TRUST 5181 Council Attorney Kathleen Cekanski - Farrand advised that in light of the questions raised at the committee level, the Petitioner, Mr. Shawn Sullivan, has requested that this Resolution be continued until May 14, 2001 to allow for further discussion. Therefore, Councilmember Coleman made a motion to continue this bill until the May 14, 2001 meeting of the Council. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 2990 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 301 E. SAMPLE STREET, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MOSSBERG & COMPANY, 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 301 E. Sample Street, South Bend, Indiana, and which is more particularly described as follows: Lots Numbered Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19) and Twenty (20) as shown on the recorded plat of John C. Knoblock's Subdivision of Out Lot Thirty -nine (39) in Denniston & Fellows Addition to the Town, now City of South Bend, recorded March 28, 1902, in Plat Book 8, Page 69, together with the vacated East -West alley lying between Lots Numbered Fifteen (15) and Sixteen (16); excepting the South Forty (40) feet of Lots Numbered Nineteen (19) and Twenty (20) heretofore conveyed to the Civil City of South Bend, Indiana, for street and roadway purposes. Also Lots Numbered Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12) as shown on the recorded plat of William S. Anderson's Subdivision of Lot Numbered Forty (40) in Denniston and Fellows' Addition to the City of South Bend, in St. Joseph County, Indiana, together with the vacated East -West alley between Lots Numbered Nine (9), Ten (10), Eleven (11) and Twelve (12), on the North side, and Lots Numbered Three (3), Four (4), Five (5), Six (6), Seven (7) and Eight (8) on the South side, together with the vacated North -South alley lying between Lots Numbered Six (6) and Seven (7); excepting the South Forty (40) feet of Lots Numbered Seven (7) and Eight (8). 1 1 REGULAR MEETING APRIL 23, 2001 BUT EXCLUDING A parcel of land being part of lot 30 as shown on the recorded plat of Denniston and Fellows Addition and part of the East Half of the Southwest Quarter of Section 12, Township 37 North, Range 2 East, all in Portage Township, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the North line of Tutt Street, 22.23 feet South 89 degrees 41'55" East (bearing assumed) from the Southwest corner of said Lot 30; thence South 89 degrees 41'55" East along the North line of Tutt Street, 155.62 feet to a point (295.09 feet, record) North 89 degrees 41'55" West of the Southeast corner of said Lot 30, and being on the East line of the East side of an existing concrete block building; thence North 00 degrees 33'35" East along said East line of said block building, 184.30 feet to the Southerly line of the Consolidated Railroad Corporation right -of -way; thence South 89 degrees 58'00" West along said railroad southerly right -of -way line, 6.79 feet to an angle in said railroad right -of -way; thence North 57 degrees 16'15 " West along said railroad southerly right -of -way line, 128.09 feet; thence South 32 degrees 43'45" West, 75.89 feet; thence South 00 degrees 33'35" West, 188.90 feet to the point of beginning. and which has Key Numbers 18- 3024 -0869, 18- 3022 -0827, 18- 3022 - 082701, 18- 3224 -0897, 18- 3224 -0898, 18- 3204 -0899, and 18- 3204 -0900 as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted 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 sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Gary Belting, Treasurer, Mossberg & Company, Inc., 301 East Sample Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Belting stated that this abatement relates to Mossberg's proposed investment of approximately three million one hundred fifty thousand dollars ($3,150,000.00) for a new printing press and new REGULAR MEETING APRIL 23, 2001 bindery equipment. This investment will enable them to meet the needs of current and new customers and will likely result in three (3) to four (4) new full time jobs representing an annual payroll of between one hundred fifty thousand ($150,000.00) dollars and two hundred thousand ($200,000.00) dollars. Mr. Belting further stated that Mossberg will retain its existing workforce of one hundred and thirty (130) full time positions representing an annual payroll of six million seven hundred fifty thousand ($6,750,000.00) dollars. 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. 2991 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 13 8,701, AND 705 BROADWAY RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE(5)YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CITY OF SOUTH BEND BOARD OF PUBLIC WORKS, AND AMERICAN HOME DREAMS, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 138, 701, AND 705 Broadway, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 138 Broadway Lot 28A of American Home Dreams 18- 7025 -1042 3rd Replat 701 Boadway Lot 184A of American Home Dreams 18- 7016 -0633 4"' Replat 705 Broadway Lot 185A of American Home Dreams 18- 7016 -0635 4`h Replat as a Residentially Distressed 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 a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby 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 sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of 1 i REGULAR MEETING APRIL 23, 2001 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 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seg. REGULAR MEETING APRIL 23, 2001 SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly advised that he is a member of the Board of American Home Dreams, Inc. but has been advised by the Council Attorney that there is no conflict in voting on this issue. Mr. Marco J. Mariani, Neighborhood Planner, Department of Community and Economic Development, 12`h Floor, County -City Building, South Bend, Indiana, made the presentation for this Resolution on behalf of the City of South Bend Board of Public Works who is a co- applicant for this tax abatement along with Mr. Rick Milton and American Home Dreams, Inc. Mr. Mariani noted that this abatement is for the last of three (3) lots as part of the development agreement in the southeast neighborhood and they look forward to working again with American Home Dreams in the southeast on future developments. Mr. Rick Milton, Executive Director, American Home Dreams, 316 South Eddy Street, South Bend, Indiana, asked for the approval of this abatement so they can move forward and build another three (3) houses. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2992-01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3801 VOORDE DRIVE TO BEAN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR KOONTZ - WAGNER ELECTRIC COMPANY, 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 3801 Voorde Drive, South Bend, Indiana, and which is more particularly described as follows: A portion of the Southeast Quarter of Section Thirty -three (33), Township Thirty -eight (38) North, range Two (2) East, in and part of the City of South Bend, St. Joseph County, Indiana. and which has Key Number 18 -2184- 693814, 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. REGULAR MEETING APRIL 23, 2001 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council pursuant to Section 2 -84 of the South Bend Municipal Code finds the six (6) years is the appropriate and rational time period for this tax abatement in light of the following: The petitioner is an 80 year old South Bend based business, currently employing 294 with an annual payroll in excess of $11,500,000. 2. The company completed an expansion of their facility in 2000 and has already more than doubled the 10 new jobs promised in their previous abatement granted in 1999. 3 The proximity of the previous project with this project is within two years and the square footage of each project, when combined, exceed the requirements for a 6 year abatement. SECTION II. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION III. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of six (6) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et. sea. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Paul Witek, Treasurer and Chief Financial Officer, 3801 Voorde Drive, South Bend, Indiana, made the presentation for this Resolution. Mr. Witek advised that this abatement is for the addition to their facility located in the Airport Industrial Park. This is the second expansion of the facility in as many years. The first, completed last year, was ten thousand five hundred (10,500) square feet and they doubled the ten (10) jobs they estimated when they completed the application at that time. When this expansion is completed later this year, they will have added a total of twenty -six thousand (26,000) square feet over the last two (2) years and added forty (40) jobs with a total economic impact in the community of over $1 million dollars. This expansion is being fueled by the demand for packaged control rooms used in the utility industry which are the brains that control the gas fired electric generating plants being built all over the country. 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 Aranowski 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. 2993 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, REGULAR MEETING APRIL 23, 2001 COMMONLY KNOWN AS 1827 NORTH BENDIX DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOLVAY AUTOMOTIVE PLASTICS & SYSTEMS, 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 1827 North Bendix Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land being part of the Northeast Quarter of the Southeast Quarter of Section 33, Township 38 North, Range 2 East, in the City of South Bend, Portage Township, St. Joseph County, Indiana and which has Key Number 18- 2184 - 6938.02, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et sea., and South Bend Municipal Code Sections 2 -76, et 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 r- I REGULAR MEETING APRIL 23, 2001 Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /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. Mark A. Witucki, Controller, Solvay Automotive Plastics & Systems, Inc., 1827 North Bendix Drive, South Bend, Indiana, made the presentation for this Resolution. Mr. Witucki advised that Solvay Automotive is a custom injection molder for the automotive industry. This project calls for the purchase and installation of new manufacturing equipment to be used to manufacture nylon air intake manifolds for General Motors and Daimler Chrysler. The total cost of this equipment is $18 million dollars. It is estimated that this project will create thirty (30) new permanent jobs within the first year representing a new annual payroll of eight hundred twenty thousand ($820,000.00) dollars and will maintain the existing ninety -five (95) permanent full time jobs with an annual payroll of $3.3 million dollars. 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 Aranowski made a motion to adopt this Resolution. Councilmember Ujdak seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2994-01 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 2920 WEST SAMPLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PETERSEN PRINTING CORPORATION, DBA PETERSEN GRAPHICS GROUP 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 2920 West Sample Street, South Bend, Indiana, and REGULAR MEETING APRIL 23, 2001 which is more particularly described as follows: Situate in St. Joseph County, in the State of Indiana A lot or parcel of land in the Northwest Quarter of the Northwest Quarter of Section Fifteen (15), Township Thirty -Seven (37) North, Range Two (2) East, described as follows, to wit: Beginning on the South line of Sample Street in the City of South Bend, Indiana, at a point 330 feet East and 35 feet South of the Northwest corner of said Section 15; thence East along the South line of Sample Street 400 feet; thence South a distance of 536.78 feet more or less to the Northerly right of way line of the New Jersey, Indiana and Illinois Railroad; thence Southwesterly along said Northerly right of way line of the New Jersey, Indiana and Illinois Railroad 437.58 feet more or less to a point due South of the place of beginning; thence North 714.1 feet more or less to the place of beginning. ALSO, a lot or parcel of land in the Northwest Quarter of Section Fifteen (15), Township Thirty -Seven (37) North, Range Two (2) East in the City of South Bend, St. Joseph County, Indiana, described as beginning 35 feet South and 165 feet East of the Northwest Corner of Section 15, Township 37 North, Range 2 East, which beginning point is on the South line of Sample Street; thence East (bearing assumed) 165 feet along the South lines of said Sample Street; thence South zero degrees 04 minutes West 714.01 feet to the Northerly right of way line of the New Jersey, Indiana and Illinois Railroad right of way; thence South 65 degrees 59 minutes 50 seconds West 251.6 feet along said Northerly right of way; thence North zero degrees 02 minutes, 50 seconds East 587.24 feet to a point 229 feet South and 65 feet West of place of beginning; thence North 89 degrees 50 minutes 50 seconds East 65 feet; thence North zero degrees 02 minutes 50 seconds East 229 feet to place of beginning. EXCEPTING THEREFROM, a parcel of land being a part of the Northwest Quarter of Section Fifteen (15), Township Thirty -Seven (37) North, Range Two (2) East in the City of South Bend, St. Joseph County, Indiana, described as follows: Starting at a point 35 feet South and 165 feet East of the Northwest corner of Section 15, Township 37 North, Range 2 East which point is on the South line of East Sample Street; thence South 0 degrees 2 minutes 50 seconds West, 229 feet to the true point of beginning for this description; thence continuing as an extension to the last described line South 0 degrees 2 minutes 50 seconds to the Northerly right of way line of the Norfolk and Western Railroad (N.J.I. and I.R.R.); thence South 65 degrees 59 minutes 50 seconds West in a Southwesterly direction along the railroad right of way to a point which is 109.4 feet Northeasterly as measured on said railroad right of way from the West line of Section 15, Township 37 North, Range 2 East; thence North 0 degrees 2 minutes 50 seconds East, 587.24 feet to a point (which point is 264 feet South and 100 feet East of the Northwest corner of said Section 15); thence North 89 degrees 50 minutes 50 seconds East, 65 feet to the point of beginning. Subject to legal highways. and which has Key numbers 18 8075 282401 and 18 8075 282404, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et sea., and; REGULAR MEETING APRIL 23, 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 an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et sea. • 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. sea., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. REGULAR MEETING APRIL 23, 2001 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 /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. Michael I. Kile, President and CEO, Petersen Printing Corporation, 2920 West Sample Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Kile requested this abatement to replace some outdated equipment. The new equipment will provide them with the latest technology in electronic prepresss and provide improved production and better efficiencies. The estimated cost of this purchase is about three hundred fifty -five thousand dollars ($355,000.00) and will help maintain the existing permanent full time jobs with a payroll of about $3.1 million dollars. It is expected that this equipment will also create a more competitive environment where they will be able to call back some of the individuals that are currently on layoff. 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 Kelly 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.2995 -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 4246 MEGHAN BEELER COURT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR BEE & DEB, 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 4246 Meghan Beeler Court, South Bend, Indiana, and which is more particularly described as follows: THAT PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT 7A OF THE PLAT OF "WEST CLEVELAND ROAD INDUSTRIAL PARK, SECTION TWO" AS RECORDED BY DOCUMENT NO 9818753 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, CONTAINING 5.30 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD and which has Key Number 25- 1013 - 020710, 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. secs -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., 1 1 REGULAR MEETING APRIL 23, 2001 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 that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et. sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3 and Indiana law generally. 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 REGULAR MEETING APRIL 23, 2001 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 /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. Councilmember Uj dak advised that he has a business /client relationship with the Petitioner but it has been determined by the Council Attorney that he does not have a conflict with regards to this Resolution. Mr. Michael Wojtysiak, Wojtysiak and Company, LLC, Norwest Bank Building, 112 West Jefferson Boulevard, Suite 509, South Bend, Indiana, made the presentation for this Resolution. Mr. Wojtysiak stated that the Petitioner proposes to build a seventeen thousand eight hundred twenty (17,820) square foot industrial building. One -half ('/2) of the facility will be utilized by Tatay Drilling and the additional space will be leased to small shop operators and manufacturers. The total cost of the building is estimated at seven hundred twenty thousand dollars ($720,000.00). This project is critical to the operations of Tatay Drilling and Bee & Deb, LLC. It is estimated that this project will create two (2) new permanent jobs within the first year representing a new annual payroll of sixty thousand dollars ($60,000.00) and will maintain the existing thirteen (13) permanent full time jobs with an annual payroll of four hundred ninety five thousand two hundred twenty -six dollars ($495,226.00). In addition, the petitioner has already tentatively secured a new manufacturer who is willing to start a new location in South Bend and will immediately create three (3) jobs. 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 Ujdak made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2996 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE (BILL NO. 01 -35) CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4201 LINDEN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR NO TRUMP, INC. & FOXTROT REALTY CORP. RESOLUTION NO. 2997 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE (BILL NO. 01 -36) CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4201 LINDEN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GTA CONTAINERS, INC. In response to Council President Pfeifer's question, Council Attorney Kathleen Cekanski - Farrand advised that these bills can be combined for purposes of Public Hearing. 1 1 REGULAR MEETING APRIL 23, 2001 RESOLUTION NO. 2996 -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 4201 LINDEN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR NO TRUMP, INC. & FOXTROT REALTY CORP. 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 4201 Linden Avenue, South Bend, Indiana, and which is more particularly described as follows: A PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, SOUTH BEND, INDIANA and which has Key Number 18- 21937257, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et. sea.,and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et_ sea., and South Bend Municipal Code Sections 2 -76, et 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 that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et. sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; REGULAR MEETING APRIL 23, 2001 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 ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. RES OLUTION NO.2997 -01 s /Charlotte Pfeifer Member of the Common Council 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 4201 LINDEN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GTA CONTAINERS, 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 4201 Linden Avenue, South Bend, Indiana, and which is more particularly described as follows: A PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, SOUTH BEND, INDIANA and which has Key Number 18- 21937257, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et sea., and; 1 U 1 REGULAR MEETING APRIL 23, 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 an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et sea., 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_ sea., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. REGULAR MEETING APRIL 23, 2001 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 /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on these bills and recommends them to the Council favorably. Ms. Anne Bruneel, Baker & Daniels, Attorneys at Law, 205 West Jefferson Boulevard, South Bend, Indiana, made the presentation for these bills. Ms. Bruneel informed the Council that she represents Foxtrot Realty and GTA Containers which seek real and personal property tax abatement for a proposed new manufacturing facility to be located at 4201 Linden Avenue. The property is proposed to be purchased by Foxtrot Realty which will construct a sixty thousand (60,000) square foot facility and lease that facility to GTA Containers. GTA Containers is a manufacturer of collapsible containers with several contracts with the U.S. Government Defense Department. The estimated cost of the property improvements will be approximately $1.5 million dollars and the cost of the equipment will be three hundred thousand dollars ($300,000.00). It is anticipated that the project will create two (2) new permanent jobs in the first year with an additional eight (8) jobs in years two (2) and three (3). Currently the company employs twelve (12) employees and has a payroll of slightly over six hundred thousand dollars ($600,000.00). Ms. Bruneel noted that Yatish Joshi who is the President of GTA Containers was present to answer any questions for the Council. A Public Hearing was held on the Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Therefore, Councilmember Kelly made a motion to adopt Resolution No. 2996 -01. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Additionally, Councilmember Kelly made a motion to adopt Resolution No. 2997 -01. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2998 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE KELLER PARK NEIGHBORHOOD STRATEGIC ACTION PLAN WHEREAS, the City of South Bend, Indiana, recognizes the need to improve, protect and preserve both its commercial corridors and nodes and the adjacent neighborhoods through community -based planning and research; and WHEREAS, the Keller Park Neighborhood is comprised of those properties abutting the Portage Ave. Commercial Corridor with Woodlawn Dr. on the North, Angela St. on the South, Riverside Dr. on the East and Portage Ave. on the West; and WHEREAS, the City of South Bend, Indiana, in association with the Keller Park Neighborhood Association has commissioned a Strategic Action Plan for the Keller Park Neighborhood; and WHEREAS, the Keller Park Neighborhood Strategic Action Plan was created through the input of residents, property owners and business owners throughout the Keller Park Neighborhood ■ REGULAR MEETING APRIL 23, 2001 and the Portage Ave. commercial corridor in several neighborhood planning meetings which were advertised in the Keller Park newsletter, mailings of personal invitations and door to door contact; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the Keller Park Neighborhood Strategic Action Plan is approved as the land use policy plan for future land use development in the area considered. SECTION II. That the Common Council of the City of South Bend, Indiana does hereby recommend adoption of this plan to the Common Council of the City of South Bend, Indiana. SECTION III. 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 /Charlotte Pfeifer Member of the Common Council Councilmember King reported that the Residential Neighborhood Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Sherece Tolbert, Neighborhood Planner, Division of Community Development, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this Resolution. Ms. Tolbert stated that this Plan was initiated at the request of the Keller Park Neighborhood -- Association in order to provide some type of guidance to their association with land use and organizational issues. Some of the major components of the Plan are cooperation with the South Bend Community School Corporation in relation to Brown Elementary School such as the utilization of that school for neighborhood sponsored activities and/or meetings. Other components are neighborhood beautification through curbs, sidewalks, trees, neighborhood gateway improvements and pedestrian linkages between the park and the river. This Action Plan was also created in keeping the Portage Avenue Commercial Corridor Plan in mind and many other recommendations correlate to the Plans for the corridor. The Keller Park Neighborhood Association and the Division of Community Development ask that the Council adopt this Plan as the St. Joseph County Area Plan Commission has as its guideline for revitalization for the area. Ms. Tolbert noted that some members of the Association were present this evening but had to leave and she therefore read a written statement from them indicating their support. 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. Therefore, Councilmember King made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2999 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE USE OF CAPITAL FUNDS FOR THE DEVELOPMENT OF A SKATE PARK FACILITY BY THE DEPARTMENT OF PARKS AND RECREATION WHEREAS, the 2001 Civil City capital budget proposed, the establishment of a skate park in the capital budget of the Department of Parks and Recreation; and WHEREAS, certain questions about the skate park project were raised by members of the Common Council; and REGULAR MEETING APRIL 23, 2001 WHEREAS, the Common Council adopted the capital budget for the Civil City of South Bend on February 12, 2001, without deleting any funds from the Park Department budget, but without reference to the skate park as an approved project; and WHEREAS, the Common Council and the administration made a commitment to not spend funds on a skate park until further investigation and discussion of the skate park issue; and WHEREAS, skate boards and roller blades are now restricted in certain parts of the Civil City of South Bend; and WHEREAS, the Council has conducted two public hearings on this matter and has collected a great deal of additional information from citizens of the community; and WHEREAS, the process for development of the skate park will allow public participation and input from the Park Board, the Common Council, and citizens of the community in the formulation of the design and operation of the skate park. NOW, THEREFORE, BE IT RESOLVED by the Common Council ofthe City of South Bend that the Council supports the use of capital funds heretofore appropriated in the capital budget for the Department of Public Parks and Recreation for the development of a skate park facility at O'Brien Park in the City of South Bend. This resolution shall be in full force and effect from and after its passage according to law. s /Charlotte Pfeifer Member, South Bend Common Council Councilmember Coleman reported that the Parks, Recreation, Cultural Arts and Entertainment Committee met on this bill-and sends it to the Council with a favorable recommendation. Mr. Phil St. Clair, Superintendent, Parks and Recreation, 321 East Walter Street, South Bend, Indiana, made the presentation for this bill. Mr. St. Clair indicated that this Resolution allows for the funding of a two hundred fifty thousand dollar ($250,000.00) skate park utilizing County Option Income Tax Revenue. The fifteen thousand (15,000) square foot facility will be located at O'Brien Park. It is the Park Department's desire to create a park that is similar in nature to the East Race Waterway, Howard Park Ice Rink and the Kennedy and Potawatomi pools in that all of these activities are doing very well for the Park Department as well as providing a good service to the community. The skate park will be designed to serve the needs of the community. Mr. St. Clair noted that they are looking at adequate staffing as well as resident and non - resident fees to support the maintenance and upkeep of the facility. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember King made a motion to adopt this Resolution. Councilmember Coleman seconded the motion. Councilmember Ujdak indicated that he supports this Resolution but hopes that when the budget is formulated later this summer, that allowances are made for items and that there are better figures available in regards to supervision costs, insurance costs and maintenance costs. Councilmember Ujdak further indicated that his concern is that this not become an operation that takes funds from other needed Park Department resources. Councilmember Coleman stated that he will participate in the process of design and operational policy by being a representative to discussions of the Park Department and will report back to the Committee and the Council. He noted that the Council will be taking formal actions during the course of the year regarding this matter through ordinances and through the budgetary process. At 1 1 1 REGULAR MEETING APRIL 23, 2001 this time, however, he noted that he hopes to actively participate in the process and keep everyone updated. The motion carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3000-01 A RESOLUTION OF COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REGARDING THE AMENDMENT OF THE LEASE WITH THE CITY OF SOUTH BEND BUILDING CORPORATION FOR THE CONSTRUCTING AND EQUIPPING OF A NEW PUBLIC WORKS SERVICE CENTER FACILITY AND REGARDING CERTAIN RELATED MATTERS WHEREAS, the Common Council previously determined that a need exists for the construction and equipping of anew public works service center facility (the "Project ") and that the funds needed therefor exceeded the funds presently available to the City of South Bend, Indiana (the "City "); and WHEREAS, the Common Council previously approved of the sale and issuance by the City of South Bend Building Corporation (the "Building Corporation ") of its lease rental revenue bonds in one or more series in an aggregate principal amount not to exceed $10,000,000; and WHEREAS, the Building Corporation has previously submitted to the City, and the City has previously approved and executed after a public hearing, a lease between the Building Corporation and the City (the "Lease ") upon the Project; and WHEREAS, the Building Corporation has sold its County Option Income Tax Lease Rental Revenue Bonds of 2001 (the `Bonds ") in the aggregate principal amount of $9,250,000.00 to Legg Mason Wood Walker, Inc. at a net interest cost of approximately 5.1841950 %, which interest rate is lower than the interest rate used to calculate the maximum lease rental under the Lease; and WHEREAS, the Common Council desires to amend the Lease to reduce the semi - annual lease rentals to correspond to the actual debt service as established pursuant to the terms of the bond sale; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. The Common Council hereby ratifies the sale of the Bonds in an aggregate principal amount of Nine Million Two Hundred Fifty Thousand and 00 /100 Dollars ($9,250,000.00) and the award thereof to Legg Mason Wood Walker, Inc. 2. The Common Council hereby agrees to the reduction of the lease rental payments to the amount set forth in the Addendum to Lease with the Building Corporation dated April 23, 2001, presented to this meeting (the "Addendum "). 3. The Common Council hereby approves the Addendum in the form submitted to this meeting and authorizes the Mayor and City Clerk to execute and attest, respectively, the Addendum on behalf of the City, with such changes as may be necessary on the advice of counsel with the execution and attestation thereof to be evidence of such approval. 4. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: s /Charlotte Pfeifer Member of the Common Council REGULAR MEETING APRIL 23, 2001 Councilmember White made a motion to hear the substitute version of this bill. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. 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. Mayor Stephen Luecke advised the Council that this Resolution addresses the financing of the Public Works Facility. He thanked them for their support for this project on which much time has been spent in planning for priorities and in looking at the City's facility needs. The location of this proposed facility is in the Studebaker Corridor behind the current Municipal Services Facility. It is a good location and will set a standard for development in the Studebaker Corridor. The construction of this facility allows for the next step in facility planning which is the beginning of work on the Police Department and Fire Department facility which has long needed improvements. The action today is the first important step in that sequence. Mr. Gary Gilot, Director, Department of Public Works, 1300 County -City Building, South Bend, Indiana, stated that the South Bend Building Corporation will issue the bonds to finance the construction of the Public Works Service Center. He reminded the Council that they previously approved the issuance of up to $10 million dollars worth of bonds but through the public bidding process and the scoping of the project that amount has been reduced to nine million two hundred fifty thousand dollars( $9,250,000.000). It had been estimated that the lease rental payments could be as high as nine hundred fifty thousand dollars ($950,000.00) per year. In light of the lowering of interest rates, the City was able to get a rate of 5.18% which lowers the lease rental payments to about seven hundred seventy -five thousand dollars ($775,000.00) which will be paid with COIT and Sewer Utility Funds. Mr. Gilot noted that 12.3% of the building will be used by the Sewer Department and therefore they will be contributing that proportion of the payment. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution as substituted. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3001 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING THE UNIVERSITY OF NOTRE DAME WOMEN'S BASKETBALL PROGRAM FOR WINNING THE 2001 NCAA NATIONAL CHAMPIONSHIP WHEREAS, the Common Council of the City of South Bend, Indiana, notes that on Monday, April 2, 2001 around 2 a.m., over 2,000 cheering Notre Dame Students and residents of South Bend were on campus to welcome home the University ofNotre Dame Women's Basketball Team and staff after winning the NCAA title game in St. Louis, Missouri over Purdue by a score of 68 -66; and WHEREAS, the "Team of Destiny" was 34 -2 with countless individual awards and honors being won, as well as winning the hearts of their fans during this unbelievable season; and WHEREAS, the South Bend Common Council is proud to honor each of the members of the 2001 NCAA Women's Basketball Champions, namely: #00 RUTH RILEY Center, Senior Macy, Indiana #22 ALICIA RATAY Guard, Sophomore Lake Zurich, Illinois #44 MEAGHAN LEAHY Forward, Senior Wilbraham, Massachusetts #03 ERICKA HANEY #23 MONIQUE HERNANDEZ #50 KELLEY SIEMON Guard, Junior Guard, Sophomore Forward, Senior Toledo, Ohio Rio Rancho, New Mexico Edina, Minnesota REGULAR MEETING #04 LE'TANIA SEVERE Guard, Freshman Ft. Lauderdale, FL #05 JENEKA JOYCE Guard, Freshman Topeka, Kansas #11 KAREN SWANSON Guard, Sophomore Westlake, Ohio LETITIA BOWEN Director of Operations #31 AMANDA BARKSDALE Forward, Sophomore Friendswood, Texas #33 NIELE IVEY Guard, Senior St. Louis, Missouri #41 IMANI DUNBAR Guard, Senior San Angelo, Texas COQUESE WASHINGTON Asst. Coach APRIL 23, 2001 MUFFET MC GRAW Head Coach CAROL OWENS Asst. Coach KEVIN MC GUFF Asst. Coach 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 NOTRE DAME WOMEN'S BASKETBALL TEAM who are the 2001 NCAA Champions!!! Section II. The Common Council commends each of the student athletes for their many talents, and for the countless memories which this "Team of Destiny" has given all of us for many years to come. 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 s /David Varner, Fifth District Attest: s /Loretta J. Duda, City Clerk s /Andrew Ujdak, Sixth District s /Sean Coleman, At Large s /Al "Buddy" Kirsits, At Large s/Karen L. White, At Large s/Kathleen Cekanski- Farrand Council Attorney s /Stephen J. Luecke, Mayor Council President Pfeifer noted that this Resolution will be presented to the Notre Dame Women's Basketball Team on Friday, April 27, 2001 during the City -wide celebration. 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 Kelly 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. Council President Pfeifer stated that it was an honor that northern Indiana was represented in the Women's NCAA Final by both Notre Dame and Purdue. It is an honor and shows that women's college level basketball has taken a new leap. RESOLUTION NO. 3002 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT AND ADVISORY CITY NEGOTIATING TEAM TO REPRESENT THE CITY ADMINISTRATION AND THE COMMON COUNCIL FOR THE POLICE DEPARTMENT NEGOTIATIONS REGULAR MEETING APRIL 23, 2001 Whereas, the legislative body of the City has the mandatory duty to fix by ordinance the annual compensation for members of the South Bend Police Department pursuant to Indiana Code §36- 8- 3 -3(d); and Whereas, the Board of Public Safety has the exclusive right and obligation to oversee all matters excluding compensation of the South Bend Police Department pursuant to Indiana Code §36- 8- 3- 2(b)(1); and Whereas, the City Administration and the Common Council have determined that a unified effort would be in South Bend's interest when addressing, through the negotiating process such items as annual compensation, specialty pays, monetary fringe benefits, working conditions, and items related to the sworn members of the South Bend Police Department; and Whereas, the Common Council and the Board of Public Safety will each take formal action by adopting similar resolutions which will officially appoint an Agent and an advisory City Negotiating Team which will represent each body and will provide and receive updates during executive sessions called for the purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code §5- 14- 1.5- 6.1(b)(2)(A); and Whereas, the Working Agreement between the City of South Bend and the Fraternal Order of Police Lodge No. 36 expires on December 31, 2001, along with Ordinance No. 8808 -97, which established the police department member salaries and monetary fringe benefits for calendar years 1998 through 2001; and Whereas, the City Negotiating Team shall not be considered a "governing body" or "public agency" under Indiana Code §5- 14- 1.5 -2; and Now, Therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. Upon the recommendation of the Mayor and the Board of Public Safety, the Common Council of the City of South Bend, Indiana, appoints John T. Neighbours as its agent in any negotiations with Fraternal Order of Police Lodge No. 36 concerning annual compensation for members of the South Bend Police Department, and in that capacity said agent will present regular updates to the Common Council in person. Section II. The Common Council of the City of South Bend, Indiana, hereby appoints an advisory City Negotiating Team to represent the Common Council of the City of South Bend, Indiana and to advise John T. Neighbours concerning any negotiations with Fraternal Order of Police Lodge No. 36, with final approval of the annual compensation a mandatory duty of the South Bend Common Council pursuant to Indiana Code §36- 8- 3 -3(d). Section III. The members of the advisory City Negotiating Team shall be as follows: James Aranowski, Council Member Roland Kelly, Council Member Thomas L. Bodnar, Esq. M. Catherine Roemer, City Controller Andrew Ujdak, Council Member Kathleen Cekanski - Farrand, Esq. Section IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s /Charlotte Pfeifer, Second District s/Roland Kelly, Third District s/Karen L. White, At Large s/David Varner, Fifth District s /Andrew Uj dak, Sixth District s /Sean Coleman, At Large s /Karl King, Fourth District REGULAR MEETING Attest: s /Loretta J. Duda, City Clerk s /Stephen J. Luecke, Mayor APRIL 23, 2001 Councilmember Kelly made motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Ujdak reported that there was a joint meeting of the Health and Public Safety Committee and the Personnel and Finance Committee and this Resolution is being sent to the full Council with a favorable recommendation, as substituted. Mr. Thomas Bodnar, Deputy City Attorney, 1400 County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Bodnar informed the Council that this is the final year of a four (4) year wage ordinance and Working Agreement with the Police Department. As in the past, both the Council and the administration, working through the Board of Public Safety, have worked together to adopt joint Resolutions appointing individuals to represent them in the negotiations. Mr. Bodnar noted that the substitute Resolution submitted this evening reflects changes in Section I and in the title which were recommended in the committee meeting and it makes the appropriate appointments so that talks can proceed. 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 Kirsits asked Mr. Bodnar why the bill considered at the committee meeting this afternoon that created a City negotiating team in Section I with members listed and with Mr. Neighbors also listed has now changed in the version presented this evening in which Mr. Neighbors is now the lead negotiator with the title of agent. Councilmember Kirsits asked if this new version takes away the Council's responsibility and asked why this language was changed. Mr. Bodnar responded that the difference between the two (2) versions are the result of discussions at the committee meeting and are the changes that were recommended by Council President Pfeifer. He noted that the language in the title and in Section I was discussed during that committee meeting. Councilmember Kirsits clarified that he was talking about the original bill filed with the Clerk and how it changed to create a new section with a new lead person and the language changed from a team to an individual that is not a member of the Common Council, the administration or the City Attorney's office staff as the lead agent. He noted that he had no objections to the original bill but the substitute version gives him concern. Mr. Bodnar stated that the Council is not abrogating any responsibility whether they appoint one (1) person, one (1) person with an advisory committee or a committee without designating who is the lead and letting that committee even select its own leaders. This is just a reflection of who in fact is going to be the leader of the team and sets forth in a little more detail the relationship between that person and the remainder of the team. Councilmember Ujdak offered some friendly amendments. He noted that the Title refers to Police Department Negotiations and in Section I and Section II the word used is "discussions." He is suggesting that those be changed back to "negotiation." Additionally, in Section II between the word "Team" and "represent" insert the word "to ". Also, at the end of the sentence add "with final approval of annual compensation the mandatory duty of the South Bend Common Council pursuant to I.C. 36- 8- 3 -3(d). Finally, Councilmember Ujdak noted that his name is misspelled. Mr. Bodnar stated that he had no problems with these amendments. Therefore, Councilmember Ujdak made a motion to amend the Resolution as outlined above. Councilmember Coleman seconded the motion which carried. Councilmember King made a motion to adopt this Resolution as substituted and amended. REGULAR MEETING APRIL 23, 2001 Councilmember Varner seconded the motion which carried by a roll call vote of eight (8) ayes and one (1) nay by Councilmember Kirsits. BILLS - FIRST READING BILL NO. 43 -01 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PART OF TUDOR LANE FROM THE EAST RIGHT OF WAY LINE OF WOODMONT AVENUE TO THE END OF THE STREET, FOR A DISTANCE OF 115 FEET. BEING A PART OF TWYCKENHAM HILLS This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on May 14, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on April 17,2001: BILL NO. 23 -01 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF EAST EDISON ROAD AND THE 3500 BLOCK OF EAST KALE STREET IN THE CITY OF SOUTH BEND, INDIANA Councilmember White made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on May 14, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS: RE- APPOINTMENTS TO ANIMAL CONTROL COMMISSION Council President Pfeifer announced the reappointment of Dr. Carol Ecker and Mr. Donn Kryder to the Animal Control Commission. COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE MEETING RE: UPDATING TAX ABATEMENT ORDINANCE Councilmember Kelly advised that the Community and Economic Development Committee will meet on Wednesday, April 25, 2001 at 4:00 p.m. in the Council's informal meeting room to begin discussions on updating the tax abatement ordinance. THANK YOU TO "CHRISTMAS IN APRIL" VOLUNTEERS Councilmember Ujdak stated that as President of "Christmas in April" he would like to publicly thank the Mayor and the City administration and all those individuals who volunteered their time on Saturday, April 21s` 1 1 REGULAR MEETING APRIL 23, 2001 PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. _ ADJOURNMENT There being no further business to come before the Council, Council President Coleman adjourned the meeting at 8:40 p.m. ATTEST: oretta J. da, ity Clerk ATTEST: Charlotte Pfeifer, Presiden