Loading...
HomeMy WebLinkAbout06-25-01 Council Meeting MinutesREGULAR MEETING JUNE 25, 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, June 25, 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 lst District Vice - President Charlotte Pfeifer 2nd District President Roland Kelly 3rd District Karl King 4th District David Varner 5th District Andrew Ujdak 6th 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 June 11, 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 June 11, 2001 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:02 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Ujdak presiding. BILL NO. 45 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 2716 VINE STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Ujdak advised that the petitioner has asked that this bill be continued until the July 9, 2001 meeting of the Council. Therefore, Councilmember Coleman made a motion to continue this bill until July 9, 2001 at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING JUNE 25, 2001 BILL NO. 43-01 PUBLIC HEARING 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, SECTION H, A SUBDIVISION IN THE CITY OF SOUTH BEND Councilmember Ujdak advised that the Petitioner has asked that this bill be withdrawn. Therefore, Councilmember Coleman made a motion to strike this bill from the agenda. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 48 -01 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS KALE STREET, A PART OF EDISON ROAD ADDITION AND IS DESCRIBED AS BEGINNING AT THE FIRST NORTH /SOUTH ALLEY WEST OF HICKORY ROAD; THENCE WEST A DISTANCE OF 420 FEET MORE OR LESS, TO THE WEST LINE OF SAID EDISON ROAD ADDITION AND HAVING A WIDTH OF 60 FEET. BEING A PART OF SAID EDISON ROAD ADDITION TO THE CITY OF SOUTH BEND, CLAY TOWNSHIP, 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. Michael Danch, Danch, Hamer & Associates, 2422 Viridian Drive, Suite 200, South Bend, Indiana, made the presentation for this bill on behalf of the petitioners Mr. Bill Rhodes and Mr. Donald Cressy. Mr. Danch advised that the Petitioners are requesting the vacation of Kale Street which is a paper street that runs from the first north/south alley west of Hickory Road west four hundred and twenty (420) feet to the property line of the I &M substation. Mr. Danch noted that with the letter of support submitted by AEP to the Council, one hundred per cent (100 %) of the contiguous property owners are in support of this vacation. Mr. Danch further noted that the Board of Public Works voiced a concern about the number of lots involved. Therefore, the developer will initiate a subdivision procedure that will be presented to the Plat Committee of the Area Plan Commission. This action will take the north thirty (30) feet of vacated Kale Street along with the lots on the north side of Kale Street which are presently owned by I &M/ AEP and make those into an outlot which will make them unbuildable. Therefore, there will not be a chance for anyone to put a structure in that particular area. Presently there is a high tension line that runs across those particular properties. The south portion of the south thirty (30) feet of Kale Street will go along with the proposed small shopping center development which will be along Edison Road. 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 Aranowski 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. REGULAR MEETING JUNE 25, 2001 BILL NO. 5 1 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO APPROPRIATE AND TEMPORARILY TRANSFER $185,000 FROM THE STANLEY COVELESKI CAPITAL FUND ( #401) TO THE PARKS AND RECREATION FUND ( #201) AND TO APPROPRIATE $677,000 FROM FUND #201 FOR CONSTRUCTION COSTS OF AN ANIMAL HOSPITAL FOR THE POTAWATOMI ZOO 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. Clarence Wright, Director, Potawatomi Zoo, South Bend Parks & Recreation Department, 321 West Walter Street, South Bend, Indiana, made the presentation for this bill. Mr. Wright advised that the Potawatomi Zoological Society has conducted a campaign to raise money for a new veterinary clinic at the zoo. A few years ago the American Zoo and Aquarium Association showed concerns about the current facility at the zoo and recommended that those facilities be improved. This bill transfers one hundred eighty -five thousand dollars ($185,000.00) from the Coveleski Fund which will be repaid with interest to Park Department Account #201. Included in that is four hundred ninety -two thousand dollars ($492,000.00) which comes from the Potawatomi Zoological Society and the Park Department approved funds of seventy -eight thousand dollars ($78,000.00). This will assure the start of construction for the hospital at the bid amount of seven hundred fifty -five thousand dollars ($755,000.00). 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 Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 52 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND PROVIDE SEWER SERVICES TO AN AREA WITHIN TEN MILES OUTSIDE THE MUNICIPAL CITY LIMITS, KNOWN AS A PORTION OF POPPY ROAD, IN WARREN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Councilmember Coleman made a motion that the Council consider the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Al `Buddy" Kirsits reported that the Utilities Committee met on this bill and sends it to the Council with a favorable recommendation as substituted. Mr. Gary Gilot, Director, Department of Public Works, 1316 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Gilot informed the Council that this bill allows for capital cost recovery on the Poppy Road sanitary sewer extension from Old Cleveland Road to US 20. It contains a standard set of conditions that have been used on previous ordinances of this type whereby there is cost recovery of one hundred seventeen dollars ( $117.00) per linear foot with a cap for single family dwelling residential parcels at three thousand dollars ($3,000.00). The Resolution provides for the same policy considerations such as the Compact Agreement with municipal service availability fees for one (1) and two (2) utilities at the percentages that have been used previously and it does include a REGULAR MEETING JUNE 25, 2001 Waiver of Right to Remonstrate against future annexation. Councilmember King noted that there were members of the public present at this time who are interested in this item for the reason that they live inside the City and do not have sewer and water utilities. Councilmember King asked Mr. Gilot to explain the research that his department is doing on this topic. Mr. Gilot stated that the Wastewater Utility for the City has about thirty -five thousand (35,000) customers but they understand that within the corporate limits of the City there are some gaps where there may be some streets that do not have sanitary sewer service available. Over the years those areas were annexed and the extensions were not done. The Council has requested that the Department of Public Works staff put together a geographical information system base map which would indicate the locations of all of the City sanitary sewers in relation to parcels that currently are not serviced so they might quantify the problem and figure out how those properties can get the services that are expected in an urbanized area. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: Andrew Ujdak, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:12 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9231 -01 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS KALE STREET, A PART OF EDISON ROAD ADDITION AND IS DESCRIBED AS BEGINNING AT THE FIRST NORTH /SOUTH ALLEY WEST OF HICKORY ROAD; THENCE WEST A DISTANCE OF 420 FEET MORE OR LESS, TO THE WEST LINE OF SAID EDISON ROAD ADDITION AND HAVING A WIDTH OF 60 FEET. BEING A PART OF SAID EDISON ROAD ADDITION TO THE CITY OF SOUTH BEND, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA D 1 II j i REGULAR MEETING JUNE 25, 2001 This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9232 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO APPROPRIATE AND TEMPORARILY TRANSFER $185,000 FROM THE STANLEY COVELESKI CAPITAL FUND ( #401) TO THE PARKS AND RECREATION FUND ( #201) AND TO APPROPRIATE $677,000 FROM FUND #201 FOR CONSTRUCTION COSTS OF AN ANIMAL HOSPITAL FOR THE POTAWATOMI ZOO This bill had third reading. Councilmember Coleman 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. 9233 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND PROVIDE SEWER SERVICES TO AN AREA WITHIN TEN MILES OUTSIDE THE MUNICIPAL CITY LIMITS, KNOWN AS A PORTION OF POPPY ROAD, IN WARREN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS: RESOLUTION NO. 3015 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3520 WESTMOOR STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR AIRCRAFT LANDING SYSTEMS, HONEYWELL, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3520 Westmoor Street, South Bend, Indiana, and which is more particularly described as follows: NESE 4 37 2E Tract 2 Cont 39.32 AC and which has Key Number 18- 2193 -7255, as an Economic Revitalization Area; and REGULAR MEETING JUNE 25, 2001 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; and WHEREAS, notwithstanding IC 6 -1.1 -12.1, the city may grant the assessed value deductions described if, before July 1, 2001, both the property owner and the city complete all the procedures required by IC 6 -1.1 -12.1 that would have been necessary to comply with IC 6 -1.1 -12.1 and for the city to grant the deductions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The petitioner acknowledges that due to an inadvertent oversight, it did not file a real property tax abatement request simultaneously with its personal property request which was applied for on May 5, 1997 and approved as Resolution No. 2449 -97. The Common Council pursuant to Section 2 -84 of the South Bend Municipal Code finds that ten (10) years is the appropriate and rational time period for this tax abatement in light of the following: A. The company is a long time South Bend business, currently employing 798 people in its Aircraft Landing Systems division with an annual payroll in excess of $50,000,000. B. The company has invested over $7.5 million for the new building addition and has or will be investing another $49 million in equipment. C. The company has already seen employment growth of 18 new positions resulting from the building addition and new equipment purchases. D. The company is an anchor company in the 2nd Councilmanic district, and is a leading corporation in the aircraft industry in the nation. 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 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 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. SECTION IV. Before July 1, 2001, the petitioner agrees to enter into aMemorandum of Agreement with the City of South Bend that will specifically identify the terms and conditions of this abatement. 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, and shall be retroactive to May 5, 1997. s /Charlotte Pfeifer Member of the Common Council REGULAR MEETING JUNE 25, 2001 Ms. Roberta Baxter, Senior Accountant, Honeywell Aircraft Landing Systems, 3520 Westmoor Street, South Bend, Indiana, made the presentation for this Resolution. Ms. Baxter requested a real property tax abatement for the new manufacturing facility at 2520 Westmoor. 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. 3016 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 733 WEST CHIPPEWA AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ITW REDDI -PAC, 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 733 West Chippewa Avenue and which is more particularly described as follows: A tract of land in Section 23, Township 37 North, Range 2 East of the Second Principal Meridian in St. Joseph County, Indiana with said real estate having the following Key Number 18- 8020 -0837, 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. REGULAR MEETING JUNE 25, 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. Robert Walton, Plant Manager, ITW Reddi -Pac., Inc., 733 West Chippewa Avenue, South Bend, Indiana, made the presentation for this Resolution. Mr. Walton stated that this abatement is for the purchase of a new production line for the facility which manufactures a laminated paperboard product known as Reddi -Crate which is made from recycled paperboard and is one hundred per cent (100 %) recyclable. This new line will increase their productivity by fifty per cent (50 %) to sixty -five per cent (65 %) of their current capacity and will also result in three (3) new jobs created at an annual payroll of between sixty thousand dollars ($60,000.00) and seventy thousand dollars ($70,000.00) a year. 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 Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3017 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 5021 F. JAY NIMTZ PARKWAY, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR BOWNE OF SOUTH BEND, INC. (`BSB "), AND BSB'S WHOLLY OWNED LLC SUBSIDIARIES (COLLECTIVELY, `BOWNE ") 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 5021 F. Jay Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: Part of the Southeast quarter (SE1 /4) of Section 20, Township 38 North, Range 2 East, situate in German Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Commencing at a one inch iron pipe with a cap stamped "M &B 13" marking the Northwest corner of the Southeast Quarter (SE1 /4) of said Section 20; thence South 00 degrees 19 minutes 53 seconds East along the West line of the Southeast Quarter (SE1 /4) of said Section 20 a distance of 427.00 feet to a drill hole set in concrete, said point being the Southwest corner of land conveyed to the State of Indiana, in Deed Record 538, Page 72; thence continuing South 00 degrees 19 minutes 53 seconds East along the West line of the Southeast Quarter (SE1 /4) of said Section 20 a distance of 44.25 feet to a drill hole set in concrete on the North right -of -way line of the F. Jay Nimtz Parkway; thence North 89 degrees 40 minutes 07 seconds East along the North right -of -way line of said F. Jay Nimtz Parkway (80 foot right -of -way) a distance of 786.63 feet to the place of beginning of this description; thence continuing North 89 degrees 40 minutes 07 I �I REGULAR MEETING JUNE 25, 2001 seconds East along the North right -of -way line of said F. Jay Nimtz Parkway (80 foot right -of -way) a distance of 477.78 feet to a one inch pipe with a cap stamped "M &B 13" marking the point of curvature of a tangent curve to the right having a radius of 1640.00 feet and a central angle of 21 degrees 47 minutes 52 seconds; thence Eastwardly and Southeastwardly along the North right -of -way line of said F. Jay Nimtz Parkway and along said curve a distance of 623.93 feet; thence North 00 Degrees 19 minutes 53 seconds West parallel with the East line of land conveyed to the Board of Aviation Commissioners of St. Joseph County, Indiana in Deed Record 246, Page 274 a distance of 540.72 feet; thence North 89 degrees 47 minutes 15 seconds West parallel with the North line of the Southeast Quarter (SE1 /4) of said Section 20 and the North line of said Commissioners Land a distance of 1082.81 feet; thence South 00 degrees 11 minutes 51 seconds West parallel with the East line of land conveyed to the State of Indiana in Deed Record 538, Page 72 a distance of 433.76 feet to the place of beginning of this description; and which has Key Number 25- 1018 - 0628.03 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et 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. seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and 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 REGULAR MEETING JUNE 25.2001 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. 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. Richard J. Deahl, Barnes & Thomburg,100 North Michigan Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Deahl indicated that this tax abatement relates to a proposed investment Bowne will be making in new telecommunications hardware, printing presses and related stacking, cutting and stitching equipment. The proposed investment will also result in an increase of nineteen (19) new full time jobs representing an annual payroll of eight hundred thousand dollars ($800,000.00). 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 Kelly 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. 3018 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING A NEGOTIATOR AND ADVISORY CITY NEGOTIATING TEAM TO REPRESENT THE CITY ADMINISTRATION AND THE COMMON COUNCIL FOR THE POLICE DEPARTMENT NEGOTIATIONS AND RESCINDING RESOLUTION NO. 3002 -01 Whereas, the legislative body of the City has the mandatory duty to fix by ordinance the 1 REGULAR MEETING JUNE 25, 2001 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 the City of South Bend's interest when addressing, through the negotiation 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 Whereas, the resignation of the City Controller and various scheduling demands have made flexibility of the advisory City negotiating team necessary. 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. John T. Neighbours shall appoint the City Negotiating Team and shall keep this Council advised at all times of its composition through Kathy Cekanski - Farrand, Esq. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor, and upon the receipt of a letter from John T. Neighbours to the South Bend Common Council President verifying that the current Council Members and the Council's attorney referenced in Resolution No. 3002 -01 shall remain members of the City Negotiating Team, that their schedules be consulted prior to scheduling negotiating sessions, that Mr. Neighbours provide regular updates to the Council at Executive Sessions, and that replacement Council members may be permitted. 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 ATTEST: s /Loretta J. Duda, City Clerk s /Andrew Ujdak, Sixth District s /Sean Coleman, At Large s/Karl King, Fourth District s /Stephen J. Luecke, Mayor REGULAR MEETING JUNE 25, 2001 Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with an unfavorable recommendation by a vote of three (3) to two (2). Mr. Thomas Bodnar, Deputy City Attorney, 1618 East LaSalle Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Bodnar informed the Council that six (6) negotiating sessions have already been held with the Fraternal Order ofPolice. This Resolution is being submitted because of some changes in personnel, tactics and other matters. While this Resolution rescinds the prior Resolution, Section I is the same as in the prior Resolution and Mr. Neighbours is appointed by the Common Council as its agent to represent any negotiations with the Fraternal Order of Police. Mr. Bodnar indicated that Mayor Luecke has provided to the Council a letter of support for this Resolution. He noted that despite the fact that this Resolution came to the full Council with an unfavorable recommendation, there was sentiment for an amendment to Section III of the Resolution. After conferring with Council Attorney Kathleen Cekanski- Farrand an amendment has been drafted. Attorney Cekanski - Farrand noted that because this is an amendment to what the Council had previously been provided, Mr. Bodnar would need to read the amendment for the record. The amendment is as follows: Section III shall be amended to read as follows: The Resolution shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor, and upon the receipt of a letter from John T. Neighbours to the South Bend Common Council President verifying that the current Council Members and Council's attorney referenced in Resolution 3002 -01 shall remain members of the City Negotiating Team, that their schedules be consulted prior to scheduling negotiating sessions, that Mr. Neighbours provide regular updates to the .Council at Executive Sessions, and that replacement Council members may be permitted. Council President Pfeifer entertained a motion to hear the substitute version as amended. Therefore, Councilmember Coleman made a motion to consider the substitute version of this Resolution as amended. Councilmember Kelly seconded the motion which passed. Mr. Bodnar noted that as a member of the team this amendment will enable the team to fully, fairly and fruitfully represent the Council throughout the give and take of these ongoing negotiations and he believes the team will work better under this Resolution. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council in favor of this Resolution. Mr. Tom Dixon, Attorney for South Bend FOP Lodge #36, 103 West Wayne, Suite 200, South Bend, Indiana, spoke in opposition to the Resolution. Mr. Dixon stated that the FOP's opposition to this Resolution is primarily based on the language that is drafted and their interpretation of that language which they believe cedes the Council's authority to Mr. Neighbours from Indianapolis to do its negotiating and to do its team makeup irrespective of a potential letter from Mr. Neighbours contrary to that effect. He noted that they have concerns as a Fraternal Order of Police that these negotiations are a two -sided venture between the City and the FOP. Six (6) sessions have already been held with Mr. Neighbours as well as other people to which they have had no opposition to anyone the City Negotiating Team has requested to bring in on its behalf for any particular purpose. Mr. Dixon informed the Council that they have already had an insurance presentation where the City brought in the third party administrator as well as the administrator who works for the City to give that presentation. They have also had discussions with the City Negotiating Team about the need to bring in someone, perhaps Cathy Roemer, to discuss the financial issues from the City side. Their concern as an FOP is that the language of the REGULAR MEETING JUNE 25, 2001 Resolution as drafted cedes this Council's authority to Mr. Neighbours directly to create the make- up of the Negotiating Team. They believe that as they are already half way through the negotiating process and in fact are scheduled for six (6) more sessions within the next two and one -half (2 %2) weeks that it would be improper at this point, given that they have successfully gone through the process of negotiating on language changes to the Working Agreement, to pass a new Resolution ceding the Council's power and authority. Also, it is their position and hope that any and all members of the Council who desire to be participants in negotiations be present. Mr. Dixon invited the Council to their presentation at Century Center on Tuesday, June 26th. There was no one else present wishing to speak to the Council in opposition to this Resolution. Councilmember Kelly made a motion to adopt this Resolution as substituted and amended. Councilmember Coleman seconded the motion which carried by a vote of eight (8) ayes and one (1) nay by Councilmember Kirsits. Councilmember White stated for the record that she did have major concerns during the Committee discussions this afternoon about the issues of authority and procedure but with this new amendment she is comfortable in moving forward with this Resolution as amended. BILLS - FIRST READING BILL NO. 53-01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 346 NORTH IRONWOOD DRIVE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember King noted that the Petitioner of this bill is within his district and has requested that this matter be "fast- tracked." He noted that the matter will be heard by the Area Plan Commission on July 17, 2001. It would typically then be placed on the following Common Council agenda as a recommendation from the Area Plan Commission and then be scheduled for a Public Hearing. However, this petitioner has a lease expiring on August 1St and if this rezoning is not passed, he will need to renew that lease. If it is passed, he would terminate his lease and move into this property. Therefore, he has asked the Council to conduct its Public Hearing on this rezoning at their meeting to be held on July 23, 2001. Therefore, Councilmember King made a motion that this bill be sent to the Area Plan Commission and be set for Public Hearing and Third Reading on July 23, 2001 and sent to the Zoning and Annexation Committee. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 54 -01 FIRST READING ON A BILL OF THE CITY OF SOUTH BEND APPROPRIATING AN ADDITIONAL $320,000 FROM THE SELF INSURANCE FUND ( #226) This bill had first reading. Councilmember Karen made a motion to send this bill to the Personnel and Finance Committee meeting for Public Hearing and Third Reading on July 9, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS There was no new business to come before the Council at this time. REGULAR MEETING JUNE 25, 2001 PRIVILEGE OF THE FLOOR Mr. Scott Wilcox, South Bend Police Department, South Bend, Indiana, 701 West Sample Street, South Bend, Indiana, residing at 2606 South Erskine Street, South Bend, Indiana, reminded the Council that the FOP will be having their meeting at 10:00 a.m. on Tuesday, June 26, 2001 at Century Center as Mr. Dixon had previously mentioned and he hoped that all Council members could attend. He noted that there are a lot of issues that need to be heard by the entire Council and they owe it to the community which elected them to be present at this meeting. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 7:35 p.m. ATTEST: 6L�oretta . D d Cit Clerk ATTEST: Charlotte Pfeifer, President 1 1 1