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HomeMy WebLinkAbout05-14-01 Council Meeting MinutesREGULAR MEETING MAY 14, 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, May 14, 2001, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Uj dak Sean Coleman Al "Buddy" Kirsits Karen L. White Absent: None 1st District Vice - President 2nd District President 3rd District 4th District 5th District 6th District Chairperson, Committee of the Whole At -Large At -Large At -Large REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the April 23, 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 23, 2001 meeting of the Council be accepted and placed on file. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. SUSPENSION OF RULES TO ADD BILL NO. 01 -52 (RESOLUTION NO. 3003 -01) TO THE AGENDA Councilmember King made a motion to suspend the rules and add to the agenda Bill No. 01 -52 which is a Resolution acknowledging "Juneteenth - A Celebration of Freedom." Councilmember Coleman seconded the motion which carried by a roll call vote of nine (9) ayes. RESOLUTION NO. 3003 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING JUNETEENTH - A CELEBRATION OF FREEDOM AND ENCOURAGING ALL CITIZENS TO PARTICIPATE IN THE COMMUNITY ACTIVITIES TAKING PLACE ON JUNE 22, 23 AND 24, 2001 WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that on June 19, 1865, the last slaves in America were freed; and WHEREAS, this date has been nationally referred to as "Juneteenth" and represents the joy of freedom and welcomes the opportunity for new beginnings; and WHEREAS, the Council further recognizes that many individuals and organizations have worked in partnership in presenting the "2nd Annual Juneteenth Weekend Celebration" with this year's theme being "CONTINUING ON FREEDOM'S ROAD "; and REGULAR MEETING MAY 14, 2001 WHEREAS, the states of Oklahoma and Texas have made " Juneteenth" state holidays whereby the message that human rights must never again become subservient to property rights and that all people are created equal; and WHEREAS, the City of South Bend, Indiana, believes that all people should have the opportunity to have an effective voice for the social and economic advancements of all of its residents so that a stronger community will continue to grow and prosper as we walk together on "Freedom's Road ". NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council of the City of South Bend, Indiana, hereby publicly recognizes JUNETEENTH as a day of celebration in our community. Section II. The Council encourages all of the residents of the City of South Bend, Indiana, and other community members of nearby communities to participate in the "2"d Annual Juneteenth Weekend Celebration" to be held on the 22nd day of June from noon to 8:00 p.m.; June 23rd from 10 a.m. to 7 p.m.; and Sunday, June 24th from 11 a.m. to 5 p.m. at LaSalle Park, which is located at 3419 West Washington Street. We ask that people come to j oin us in the many activities focusing on youth, family focus and inspiration as we celebrate "Continuing on Freedom's Road ". 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 /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 Council President Charlotte Pfeifer made the presentation for the Resolution which she read in its entirety. President Pfeifer invited members of the Juneteenth Committee that were present to join her to accept this Resolution. One of the Juneteenth Committee members, no name or address given, noted that it is a pleasure to know that South Bend is the first city in Indiana to address Juneteenth. He noted that many states have adopted Juneteenth as a state law and it is a holiday in Texas and in Oklahoma and residents do not work on that day. He further noted that it is important that Juneteenth is being recognized in the City of South Bend. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by acclamation. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:07 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Ujdak presiding. REGULAR MEETING MAY 14, 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 reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Brent Bajdek, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Bajdek advised that the petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow retail uses, offices and an existing accessory building. The property currently contains three (3) single family homes. Located to the north is a single - family home and vacant land zoned "A" Residential, "A" height and area; to the east are single - family homes zoned "A" Residential, "A" height and area; to the south across Edison Road are single - family homes zoned "A" Residential, "A" height and area and multi - family dwelling units zoned `B" Residential, "A" height and area; to the west is an AEP substation zoned "D" Light Industrial "f' height and area. Access to the site is currently shown from Edison Road. Water and sewer will be available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is 2.8 acres. There are no public wells, flood hazards, wetlands or environmental hazard areas present. The City Engineer believes that Kale Street should be developed and used as access to the property. The non - mountable barrier for the left turn lane approaching Hickory on Edison Road limits the usefulness of their eastern driveway. The Engineering Department also commented that the nearest feasible sewer is more than two thousand (2,000) feet away. A low lift grinder pump may be needed. Mr. Bajdek noted that the Area Plan Commission, at its Public Hearing held on April 17, 2001, sent this petition to the Council with a favorable recommendation subject to a final site development plan. It is the Commission's opinion that this is a suitable site for commercial development. Any further commercial expansion to the west would be limited by the presence of the electrical substation. Mr. Richard Morgan, Attorney, 53600 North Ironwood Drive, South Bend, Indiana, made the presentation for this petition. Mr. Morgan advised that he represents the Petitioner, Baugo Creek Realty. Baugo Creek Realty is the real estate development arm of Indiana Supermarkets, commonly known as the Rhodes Brothers, who have developed different grocery stores over the years, the most common one being the Save -A -Lot Store one of which has recently been constructed on Chapin Street. This petition rezones the numerous lots involved in the project to allow the construction of a Save -A -Lot Store and two (2) adjoining retail storefronts, one on either side of the store as well as preserving the two (2) story brick house that is located on the southwest corner of this property. The property in question is near the northwest corner of Edison and Hickory in South Bend. The brick house will be utilized for the corporate headquarters for Indiana Supermarkets who will be moving their headquarters from Mishawaka. Mr. Morgan further advised that the proposed store will be similar in size and design to the Save -A- Lot Store that is located on Chapin Street. Located on one of the corners is a 7 -11 convenient store which is in the City of Mishawaka, another corner contains vacant land for sale for commercial and the southwest corner of the intersection contains the office of a land management company. Only one (1) of the four (4) corners has a single family residence that will remain after this rezoning and development takes place. Mr. Morgan advised that at the Area Plan Commission some concerns were raised by residents which he would like to address. One concern is over an alley that comes in off of Edison. That alley will remain. The alley is not on the property site but is adjacent to the property that is being developed. There was another concern about traffic on Edison which is a five (5) lane road at this corner. Mr. Morgan stated that the traffic is already at this intersection and the development will not REGULAR MEETING MAY 14, 2001 change the condition that already exists. He noted that this proj ect was recommended by the Area Plan Commission staff and the Commission and represents an investment by the Rhodes Brothers of between three million dollars ($3,000,000.00) and three million five hundred thousand dollars ($3,500,000.00). Mr. Morgan further advised that between forty -five (45) and fifty (50) individuals will be employed at this project representing new jobs to our community. A market study has been conducted and the developer is confident that this will be a successful venture. Mr. Michael Danch, Danch, Hamer & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, advised that this proposed development on Edison Road will consist of one (1) main building which will be a grocery store with retail stores on either side of that building. The buildings will occupy approximately twenty -five thousand (25,000) to twenty -six thousand (26,000) square feet. A house is located at the south west corner. The site plan shows two (2) entrances into the site, one (1) on the west side and one (1) on the east side. The proposed entrance on the east side of the site is the one that Mr. Carl Littrell of the Engineering Department has made comments about. Mr. Littrell indicated that he does not have a problem with the east entrance but, from a long term planning standpoint, at such time that Kale Street would be developed with an access out to Hickory Road, then that entrance should be used and noted on the site plan with the east entrance then closed off at that time. Mr. Danch noted that the developer has added screening along the north and east sides of the property. In regards to drainage, the petitioner has met the City's requirements and has added retention areas along the east and west sides of the property. These will be shallow retention areas but they will hold the capacity that is required by the City. In regards to connection to water and sewer, there is a water line that is available on Edison Road to which they will be connecting and they are working with the City in regards to the connection to the a sanitary sewer line. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Louann Cooper, 3613 East Bulla Street, South Bend, Indiana, informed the Council that her mother has been a resident at this location for fifty -four (54) years and has been in the City for forty (40) years. She noted that this has been a quiet neighborhood and they are now concerned about the traffic with the proposed entrance off of Kale Street and Hickory. She further noted that Hickory is a four (4) lane road and at a certain point narrows down to two (2) lanes with a concrete abutment at Kale Street. Ms. Cooper advised that they are concerned about the proposed retention areas and mosquitos. She inquired what the two (2) additional retail stores would be and asked about the hours of business. In regards to the sewer and water hookups, Ms. Cooper stated that this developer will receive sewer and water even though they have lived in the City for over forty (40) years and still do not have City sewer or water or fire hydrants. In rebuttal, Mr. Morgan stated that there is no entrance on the site plan off of Kale Street and none is planned. That proposed entrance was recommended by the City Engineering Department but is not on the site plan submitted. Both entrances will be off of Edison. In regards to the hours of business, Mr. Morgan stated that the Save -A -Lot store located on Chapin Street closes at 8:00 p.m. and even though he cannot make a firm commitment at this time there is no plan to operate the new store any later than that unless business warrants and then the store would be open until 9:00 p.m. Councilmember King stated that he is unable to agree with Ms. Cooper about this rezoning because he believes it will be an improvement to the neighborhood. However, he is concerned about the fact that this area has been in the City for a long time and still does not have City sewer and water services even though residents have been paying taxes for those services. Councilmember King advised that he has asked Councilmember Kirsits, Chairperson, Utilities Committee, to j oin with him and the Residential Neighborhoods Committee to conduct a hearing on this matter and look at this area and other areas within the City limits that do not have sewer and water. Councilmember King stated that with respect to the rezoning of this site, he will support the petition. Councilmember Aranowski made a motion to send this bill to the full Council with a favorable recommendation. Councilmember Coleman seconded the motion. REGULAR MEETING MAY 14, 2001 Councilmember Varner stated that Ms. Cooper was concerned about the access to this proposed development off of Kale Street and the site plan that was submitted to the Council does not show that entrance. Mr. Danch stated that the comment about access off of Kale Street came from Mr. Carl Littrell of the Engineering Department. As shown on the site plan submitted, there is no access onto Kale Street. He noted that Kale Street is an existing paper street that has been there for years since the subdivision was developed but for whatever reason the original developer did not put the street in place. The motion carried by a voice vote of nine (9) ayes. ANNOUNCEMENT OF DATE OF SECOND MEETING IN MAY Councilmember Ujdak announced at this time that the Common Council will conduct their second meeting in May on Tuesday, May 29, 2001 instead of on Monday, May 28, 2001 due to the Memorial Day holiday. BILL NO. 43 -01 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, SECTION H, A SUBDIVISION IN THE CITY OF SOUTH BEND, INDIANA Councilmember King made a motion that this bill be continued until the June 11, 2001 meeting of the Council at the request of the Petitioner. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: oretta . da i y Jerk 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 7:26 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. ORDINANCE NO. 9224 -01 AN ORDINANCE 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 This bill had third reading. Councilmember Coleman made a motion to pass this bill. REGULAR MEETING MAY 14, 2001 Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9225 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; SCARBOROUGH DEVELOPMENT, C/O DOUGLAS HAMILTON, 20250 KERN ROAD, SOUTH BEND, INDIANA 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. 9226-01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; BRICK ROAD L.L.C., MICHIGAN LIMITED LIABILITY CO., 23260 BRICK ROAD, SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9227-01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; JERRY * MARGUERY MACRI AND RICHARD & ANN LAFREE, 17,100 BLOCK OF DOUGLAS ROAD, SOUTH BEND, INDIANA 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. RESOLUTIONS: RESOLUTION NO. 3004 -01 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 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 REGULAR MEETING MAY 14, 2001 for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 209 East Colfax Avenue, South Bend, Indiana, and which is more particularly described as follows: Parcel I Lot Numbered Seven (7) and the North Two - thirds of Lot Numbered Eight (8) as shown on the Original Plat of the Town of Lowell, now a part of the City of South Bend. Except any part thereof that is in the following described real estate: That part of the Northwest Quarter of Section 12, Township 37 North, Range 2 East and that part of Lots Seven (7), Eight (8), and Nine (9) in the Original Plat of the Town of Lowell, now a part of the City of South Bend as recorded in the records of St. Joseph County, Indiana. Parcel II Lot Numbered Nine (9) and the South One -third (1/3) part (being Twenty -two (22) feet in width, North and South, off of the entire length of the South side) of Lot Numbered Eight (8), all as shown on the Original Plat of the Town of Lowell, now a part of the City of South Bend. Except any part thereof that is in the following described estate: That part of the Northwest Quarter of Section 12, Township 37 North, Range 2 East and that part.of Lots Seven (7), Eight (8), and Nine (9) in the Original Plat of the Town of Lowell, now a part of the City of South Bend as recorded in the records of St. Joseph County, Indiana. and which has Key Numbers 18 -5003 -0056 and 18-5003-0058, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating - the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) 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. REGULAR MEETING MAY 14, 2001 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. Shawn Sullivan, 1717 East Wayne Street, South Bend, Indiana, on behalf of Indiana Land Trust 5181, located at 209 East Colfax, South Bend, Indiana, made the presentation for this Resolution. Mr. Sullivan advised that Land Trust 5181 seeks tax abatement to provide the proper incentive to conduct some improvements to the building consisting of repairs. Mr. Sullivan noted that the building has been vacant for one (1) year and has been damaged by not being occupied and because of the difficult winter. They are seeking this abatement to do these needed repairs and attract tenants. 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 Varner made a motion to adopt this Resolution. Councilmember Coleman seconded the motion. At this time Councilmember Uj dak advised for the record that because of a potential conflict he will recuse himself from this vote. The motion carried by a roll call vote of eight (8) ayes with Councilmember Uj dak recusing himself from voting on this Resolution. RESOLUTION NO. 3005 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1827 NORTH BENDIX DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOLVAY AUTOMOTIVE PLASTICS & SYSTEMS, 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 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, 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 REGULAR MEETING MAY 14, 2001 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. Mark A. Witucki, representing Solvay Automotive Plastics & Systems, Inc., 1827 North Bendix Drive, South Bend, Indiana, made the presentation for this Resolution. Mr. Witucki informed the Council that Solvay Automotive is a custom injection molder for the automotive industry. This project calls for the purchase and installation of new manufacturing equipment. This equipment will be used to manufacture nylon air intake manifolds for General Motors and Daimler Chrysler. The total estimated cost of the 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 ninety -five (95) existing 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 Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3006 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2920 WEST SAMPLE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PETERSEN PRINTING CORPORATION, DBA PETERSEN GRAPHICS GROUP 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 2920 West Sample Street, South Bend, Indiana, and which is more particularly described as follows: REGULAR MEETING MAY 14, 2001 Situated 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, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before REGULAR MEETING MAY 14, 2001 the Council has been published pursuant to Indiana code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified 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 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. Michael I. Kile, President, Petersen Graphics, 2920 West Sample Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Kile advised that this tax abatement is being requested for new technology to make their operation more efficient and to maintain sixty -one (61) existing jobs with a payroll of $3.1 million dollars. The estimated cost of this new equipment is three hundred fifty -five thousand dollars ($355,000.00). 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. RESOLUTIONNO. 3007 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4246 MEGHAN BEELER COURT TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR BEE & DEB, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4246 REGULAR MEETING MAY 14, 2001 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, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of THREE (3) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et. se g. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Michael Wojtysiak, 112 West Jefferson Boulevard, Suite 509, South Bend, Indiana, made the presentation for this Resolution. Mr. Wojtysiak stated that Bee Deb LLC is constructing an industrial building of seventeen thousand eight hundred twenty (17,820) square feet at a cost of seven hundred twenty thousand dollars ($720,000.00). One half (1 /2) of this building will be occupied by Tatay Well Drilling. The new building will allow them to create two (2) new jobs with a new annual payroll of sixty thousand dollars ($60,000.00) and maintain an annual payroll of five hundred thousand ($500,000.00). Additionally, a new manufacturing company has been secured to rent part of this building and this employer will create four (4) new jobs within the first year with an annual payroll of two hundred thousand dollars ($200,000.00). 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 REGULAR MEETING MAY 14, 2001 Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion. Councilmember Ujdak advised for the record that he has a client relationship with the Petitioner but as determined by Council Attorney Kathleen Cekanski - Farrand he does not have a conflict with consideration of this abatement. The motion carried by a roll call vote of nine (9) ayes. RESOLUTION NO. 3008 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A (BILL NO. 01 -48) DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4201 LINDEN AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR NO TRUMP, INC. & FOXTROT REALTY CORP. RESOLUTION NO. 3009 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A (BILL NO. 01 -49) DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4201 LINDEN AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GTA CONTAINERS, INC. Councilmember Coleman made a motion that these bills be combined for purposes of Public Hearing. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3008 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4201 LINDEN AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR NO TRUMP, INC. & FOXTROT REALTY CORP. 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 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 1 8- 21937157 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 REGULAR MEETING MAY 14, 2001 and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (insert number of years () 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 RESOLUTION NO. 3009 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4201 LINDEN AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GTA CONTAINERS, 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 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, 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: Ll C 1 REGULAR MEETING MAY 14, 2001 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 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 the Petitioners seek real and personal property tax abatement for a proposed new manufacturing facility to be located at 4201 Linden Avenue and for associated new manufacturing equipment. This is a sixty thousand (60,000) square foot facility proposed to be constructed by Foxtrot Realty and leased to GTA Containers. GTA Containers is a manufacturer of collapsible containers with significant contracts with the U.S. Department of Defense. The estimated cost of the building improvements will be $1.5 million dollars and the cost of the equipment is estimated to 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 and eight (8) additional jobs in the second and third years. Ms. Bruneel noted that Yatish Joshi is also present to answer any questions. 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 Coleman made a motion to adopt Resolution No. 3008 -01. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to adopt Resolution No. 3009 -01. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTIONNO. 3010 -01 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1137 S. LAFAYETTE BOULEVARD TO BEAN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR EXACTO, INC. OF SOUTH BEND 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 REGULAR MEETING MAY 14, 2001 WHEREAS, a Declaratory Resolution designated the area commonly known as 1137 S. Lafayette Boulevard and which is more particularly described as follows: BEGINNING AT THE SW CORNER OF LOT 7, STULL'S EDITION; THENCE, N ALONG THE E RIGHT -OF -WAY OF AN ALLEY A DISTANCE OF 336.06 FEET + OR- TO A POINT; SAID POINT BEING THE NW CORNER OF THE S %2 OF LOT 64, SOUTH BEND CITY EDITION; THENCE, E ALONG THE NORTHERN BOUNDARY OF SAID %2 OF LOT 64 WHICH IS ON THE WESTERN RIGHT -OF -WAY OF LAFAYETTE BLVD.; THENCE, S A DISTANCE OF 275 FEET + OR - TO THE SE CORNER OF LOT 6, STULL'S SECOND EDITION; THENCE, W A DISTANCE OF 125 FEET TO A POINT; THENCE, S 66 FEET TO A POINT; THENCE, W 40 FEET TO A POINT OF BEGINNING. ALL BEING WITHIN THE CITY OF SOUTH BEND, COUNTY OF ST. JOSEPH, STATE OF INDIANA and which has Key Numbers 18 8006 0288,18 8002 0115,18 8006 0282,18 8006 028201, 18 8006 0285, 18 8006 028501, 18 8002 0116, 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 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; and WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 2760 -99 on July 12, 1999; and WHEREAS, the Petitioner has requested an additional period of time to complete acquisition of the equipment for the planned project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby reconfirms its Declaratory Resolution and its Confirmatory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to three (3) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. SECTION III. The Petitioner is hereby granted one (1) additional year for the Personal Property abatement originally adopted on July 12, 1999. 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 REGULAR MEETING MAY 14, 2001 Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Gunther W. Jordan, Owner and President, Exacto, Inc., 1137 South Lafayette Boulevard, South Bend, Indiana, made the presentation for this Resolution. Mr. Jordan asked the Council for a clarification regarding the language of the Resolution submitted at this time for consideration. He noted that he received the original tax abatement on July 12, 1999. That abatement was for a period of two (2) years and meant that any equipment they purchase in that time is eligible for a five (5) year personal property tax abatement. He noted that the Resolution submitted this evening reconfirms the adoption of that tax abatement but does not indicate the one (1) year extension which he is requesting. Council Attorney Kathleen Cekanski - Farrand noted that the last "Whereas" clause of the Resolution submitted at this time indicates an additional period of time but does not list the length of time for the extension. Therefore, Attorney Cekanski - Farrand offered the following amendments: Section III will become Section IV. New Section III to be as follows: The Petitioner is hereby granted one (1) additional year for Personal Property abatement originally adopted on July 12, 1999. Councilmember Aranowski made a motion to accept the amendments as suggested by Attorney Cekanski - Farrand. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Jordan informed the Council that the first half of last year was strong for his company and that is why they built the ten thousand three hundred (10,300) square foot addition to their facility which is now completed. This was a three hundred fifty thousand ($350,000.00) dollar investment with the total area now being twenty -six thousand three hundred (26,300) square feet. Mr. Jordan noted that the new building enabled them to look for additional new business for the Spring of 2001. Mr. Jordan outlined the progress of his business up until April of this year. He noted that they were fortunate to secure a new project that will be starting soon that will completely turn their company around and that is why they now need the new equipment. He noted that the time limit on the abatement approved in 1999 is running out and he therefore requested an extension of one (1) year. Mr. Jordan noted that the planned equipment purchases will amount to between six hundred fifty thousand ($650,000.00) dollars and seven hundred thousand ($700,000.00) dollars. At the present time they employ fifty -six (56) employees, six (6) of which are Urban Enterprise zone residents and thirty -three (33) minority employees. Out of the fifty -six (56) employees, forty -four (44) are males and twelve (12) are females. 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 amended. Councilmember Ujdak seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3011 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO ESTABLISH THE EFFECTIVE DATE OF THE VACATION OF PUBLIC REAL PROPERTY PURSUANT TO ORDINANCE #9202- 01 REGULAR MEETING MAY 14, 2001 WHEREAS, on March 12, 2001, the South Bend Common Council passed substituted and amended Ordinance #9202 -01 which at Section V. specifically provided the following: This ordinance shall be passed by the Common Council and be in full force and effect, upon a Resolution being filed for Council consideration by the Administration which addresses the progress of the proposed construction related to the redevelopment project. Such Resolution shall further set forth a date certain for the effective date of the vacation of real property addressed in this ordinance, all of which shall be subject to the approval of the Common Council and the Mayor; and WHEREAS, pursuant to Section V of Ordinance #9202 -01 it is necessary to establish the effective date of the vacation of that public real property described more fully in Ordinance #9202- 01; and WHEREAS, the City Administration has advised the South Bend Common Council that construction of the subject redevelopment project in the general vicinity of Western Avenue, Jefferson Boulevard and Columbia Street near the center of the City of South Bend is proceeding on a timely and steady basis according to construction plans; and WHEREAS, the South Bend Common Council has been advised further that an effective date of June 18, 2001 for vacation of the public real property described in Ordinance #9202 -01 is necessary in order for the project to progress on a timely basis per its construction plans. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend as follows: Section I. The effective date of the vacation of the public real property described more specifically in South Bend Common Council Ordinance #9202 -01 shall be June 18, 2001 pursuant to the terms of Section V. of that Ordinance. Section II. Ordinance #9202 -01 shall be deemed fully effective as of June 18, 2001. 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 /Charlotte Pfeifer Member, South Bend Common Council 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. Fred Thon, 2801 Miami Street, South Bend, with an office on the 14cn Floor of the County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Thon advised that this the triggering mechanism for the Crowe Chizek project and he asked that the Resolution be adopted. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. REGULAR MEETING BILLS - FIRST READING: MAY 14, 2001 BILL NO. 44 -01 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY WEST OF LAWNDALE AVENUE FROM THE SOUTH RIGHT -OF -WAY LINE OF LINCOLNWAY WEST TO THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH 12 FEET. BEING A PART OF PLEASANT HOME ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on May 29, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS ANNOUNCEMENT OF SECOND COUNCIL MEETING IN MAY Council President Pfeifer reminded the public that due to the Memorial Day Holiday, the Common Council will conduct their second regular meeting of the month on Tuesday, May 29, 2001. RECOGNITION OF SERVICE OF REVEREND JOINER Council President Pfeifer stated that she and Councilmember White would like to point out the service that Reverend Joyner has given this community. Councilmember White stated that it has come to their attention that Reverend Joyner will be relocating to Fort Wayne, Indiana and they would like to publicly acknowledge him for all of his fine work and effort within the community. Council President Pfeifer noted that Reverend Joyner is the Pastor at Epworth Memorial United Methodist Church located on Lincolnway West. President Pfeifer also thanked Reverend Joyner's wife, Katherine, who has served as a coordinator for the near west side partnership center. Together they have been an asset to the community and they will be missed. NEW BUSINESS There was no new business to come before the Council at this time. 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, President Pfeifer adjourned the meeting at 7:55 p.m. ATTEST: oretta J. ya, Cit Clerk ATTEST: Y Charlotte Pfeifer, President