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HomeMy WebLinkAbout07-09-01 Council Meeting MinutesREGULAR MEETING JULY 9, 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, July 9, 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 25, 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 25, 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 Varner seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Ujdak presiding. BILL NO. 10 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE RAILROAD BRIDGE LOCATED ACROSS THE ST. JOSEPH RIVER, ADJACENT TO THE ANGELA STREET BRIDGE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner reported that the Zoning and Annexation Committee met on this bill this afternoon and because of a lack of a quorum, this bill comes to the full Council without a recommendation. Mr. John Oxian, President, Historic Preservation Commission, 742 Sancome, South Bend, Indiana, made the presentation for this bill. REGULAR MEETING JULY 9, 2001 Mr. Oxian noted that the Commission recommends this railroad trestle for historic landmark designation because it is one of a kind in St. Joseph County. At the present time it appears that the the railroad is abandoning this line. The railroad bridge was constructed in the 1890's by the Indiana, Illinois and Iowa Railroad also known as the Chicago Indiana Southern. This railroad company was very successful and mainly in the freight business. In 1917 the railroad was sold to the Michigan Central Railroad and later changed until today it is owned by the Norfolk and Southern Corporation. Mr. Oxian advised that it has been stated by the current owners that the Historic Preservation Commission did not have jurisdiction over this railroad line and he noted that the Penn Central Supreme Court decision in railroad train that local n tat ons,bridges or other other sPructures do have the authority to declare that belong to the public to declare them as local landmarks. Councilmember White stated for the record that a letter has been received from Mr. David Wilson indicating that the Norfolk Southern Railroad Company plans to abandon a segment of the railway line in South Bend, Indiana, so this would not present a problem if indeed this particular section would be land marked. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Gary Gilot, Director, Department of Public Works, 1300 County -City Building, South Bend Indiana, informed the Council that he would like to speak in favor of this matter. He reminded the Council that they have a letter on file from City Engineer Carl Littrell indicating that the use of this railroad trestle for the river walk extension along Riverside Drive from the downtown all the way out to the Darden Street bridge would be a valuable asset for the citizens of South Bend to enjoy the St. Joseph River. They believe that the historic land marking and the proposed abandonment by Norfolk Southern fits well into the City's plans to use this asset and therefore they are in favor. Ms. Joyce Boaler,1606 Hillsdale Road, South Bend, Indiana, indicated that during the last few years she has listened with amazement and displeasure to many of the bills that have been put forward under the name of the historic preservation society. She stated that just because something is old it does not mean it is valuable and does not mean it is worth saving. There being no one else 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 Kirsits seconded the motion which carried by a voice vote. 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 White reported that the Zoning & Annexation Committee met on this bill and recommends that this bill be continued until August 27, 2001, subject to a special committee that will be established by the Zoning and Annexation Committee which would include representatives from the Historic Preservation Commission, the South Bend Community School Corporation, the Common Council, the Building Commissioner, River Park Neighborhood Association and others who would provide a report to the Zoning and Annexation Committee addressing feasibility issues that would include funding sources for said proposals and that the first proposal must be submitted to the Zoning and Annexation Committee by August 13, 2001 with the final report being submitted August 27, 2001. Council Attorney Kathleen Cekanski - Farrand indicated that the Community and Economic Development staff is also to provide a staff review of proposals and funding sources. Mr. John Oxian, President, Historic Preservation Commission, 742 Sancome, South Bend, Indiana, made the presentation for this bill. Mr. Oxian stated that the Historic Preservation Commission proposed the setting up of this committee and therefore they are in agreement with this action. REGULAR MEETING JULY 9, 2001 Therefore, Mr. Oxian asked that this bill be continued until August 27, 2001. Councilmember Varner made a motion to continue this bill until the August 27, 2001 meeting of the Council at the request of the petitioner and subject to the stipulations with regard to the formation of the committee and the study of proposals. Councilmember White seconded the motion. Councilmember Coleman stated that he is not in favor of the designation that is requested under this bill and has expressed several concerns on this issue in the committee hearing. He further stated that he can support this continuance if it allows the opportunity for those who believe that the Council is in fact the hearing of last resort to bring forth any information or proposals that they may think are of merit with regard to this historic designation. However, he does not generally support the notion that these considerations that are brought to the Council thus far override the potential expansion to the Nuner campus and the creation of green space that can be used for recreational activities for the school corporation and green space to River Park. He noted that his allowance for this continuance would be to satisfy the needs for those who feel they may have been denied the opportunity to participate in this process in a public way as this has found its way through the school boards decision making process and as it arrives to the Council. Councilmember Coleman restated that he is generally in opposition to this designation but will support the continuance if it satisfies the need of those to express their opinions on this issue in a specific forum that will be created to look at this over a limited period of time specifically August 27"'. He noted that he would not support any further delays in this matter. Councilmember Kelly stated that he agrees with Councilmember Coleman that this issue should be decided soon. It is very controversial and he urged the committee to do its work as quickly as possible studying all of the issues, make the presentation to the committee, which in turn will advise the Council, so that a reasoned decision can be made whether or not the school should be designated as a historic building. Councilmember King advised that he agrees with Councilmembers Coleman and Kelly and this action is worth doing on the grounds articulated by Councilmember Coleman. He stated, however, that they are entering into some fairly dangerous territory. Councilmember King noted that this is a matter that has been the subject of public discussions for three (3) years. The Historic Preservation Commission has placed interim protection on this property and now there is going to be another delay. The Council runs into the potential of this becoming a habit and when it does it is not fair to the owners of the property. In this particular situation the owner of the property disagrees with the proposed historic designation and has valid community and economic purposes for wanting to go forward and do something different with the property. He noted that whether that is right or wrong the owner has the right to know on a timely basis what decision has been reached. What has happened, through the action of the Historic Preservation Commission, is delay a decision and delay knowledge by the property owner of the future of the building and now the Council is having another delay. He further noted that it may be worth it to allow the public to be heard although the public has been heard on this issue. He cautioned Councilmembers and the public that this shouldn't become a habit. The Historic Preservation Commission has a responsibility for protecting historic resources but likewise has a duty to the property owners to not muddle their rights to use their property and put them into a state in which they can move neither forward nor back. He cautioned that the Council should not have this become something that is a frequent occurrence in their decision making. Council President Pfeifer stated that she agrees with everything that has been said but would like to add that one of the things that the Council should encourage, the school system in particular but businesses in general, that operate in neighborhoods, to always take the neighborhood into consideration when they close large buildings that are located in neighborhoods. People that live in the neighborhood should be an integral part of the planning for what is going to be done to these buildings. This committee is a good example of what should happen in the future when businesses close large buildings that are located in neighborhoods. They need to have a plan for what they are going to do with these buildings and if they do not do something specific with these buildings in a timely manner, then the neighborhood should be included in the discussion and planning of what should happen to these buildings. REGULAR MEETING JULY 9, 2001 Councilmember Ujdak noted that he made a statement at the committee meeting this afternoon that unfortunately the Council is the final arbiter of the conflict. He stated that he does not believe the thirty -five (35) to forty (40) day window is unreasonable for all parties to try to find some common ground. As stated, the Council is the hearing of last resort. He noted that he believes very firmly in Councilmember King's statement that the owner has the right to know what they can do with that property. Councilmember Uj dak further noted that generally, he has been very supportive personally of historic land marking. However, public buildings area different realm because taxpayers have a piece of that building. However, there is a cost associated with maintaining, keeping or restoring that building and no one knows what those dollars are. In conclusion, Councilmember Uj dak stated that forty -five (45) days is not too long of an inconvenience on any of the parties. The motion passed by a voice vote of nine (9) ayes. BILL NO. 44-01 PUBLIC HEARING 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 OF 12 FEET. BEING A PART OF PLEASANT HOME ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with an unfavorable recommendation. Ms. Rebecca Al- shawi, representing Mr. Ali Al- shawi, 1406 Lincolnway West, South Bend, Indiana, Petitioner, made the presentation for this bill. Ms. Al -shawi informed the Council that they want to vacate the alley to add it onto their business. She noted that they own the houses on either side of the alley and they are the only ones that basically use of the alley. She noted that trash haulers and utilities use the back part of the alley. Ms. Al -shawi stated that individuals walking up and down the alley throw trash which they are constantly cleaning up. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Gary Gilot, Director, Department of Public Works, 1300 County -City Building, South Bend, Indiana, advised that the Board of Public Works sent an unfavorable recommendation concerning this bill to the Common Council. The proposed vacation would create a "T" alley and would restrict movement from Lincolnway West into the neighborhood. He noted there was a split decision of the Lincolnway Steering Committee which was the reason this bill was continued until this date to allow the petitioner to go to that committee. They also expressed concern about the vacation but they deferred to the Police, Fire and EMS concerns. Mr. Gilot noted that in the packet of backup materials that the Board of Public Works submitted to the Council there were no specific objections from Police, Fire or EMS, but the Board of Public Works's based its negative recommendation on their standard policy of denying any vacations that would create a "T" and make it difficult to access without encroaching onto private property. There was no one else present wishing to speak either in favor or opposition to this matter. Ms. Ali Al -shawi was given the right to rebuttal which she refused. REGULAR MEETING JULY 9, 2001 Therefore, Councilmember Varner made a motion that this bill go to full Council with an unfavorable recommendation. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 54-01 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH BEND APPROPRIATING AN ADDITIONAL $320,000 FROM THE SELF INSURANCE FUND ( #226) Councilmember Varner reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. City Attorney Charles S. Leone, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Leone advised that this bill asks for an additional appropriation of three hundred twenty thousand dollars ($320,000.00) to the Self- Insurance Fund for payment of litigation claims expected to be either settled or concluded during the remainder of this year. He noted that the initial allocation of this fund was four hundred thirty thousand dollars ($430,000.00) and approximately three hundred thousand ($300,000.00) of that was expended during the first two (2) quarters of this year. Two (2) to three (3) additional claims are expected to be resolved of significant size during the remainder of this year and they believe this amount will be necessary to take them through the end of the year. 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 King made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. 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. (::o:retta J. u , ity C rk ATTEST: 1 Andrew Ujdak, Chairper 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 7:30 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9234 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE RAILROAD BRIDGE LOCATED ACROSS THE ST. JOSEPH RIVER, ADJACENT TO THE ANGELA STREET BRIDGE, IN THE CITY OF SOUTH BEND, INDI_ANA REGULAR MEETING JULY 9.2001 This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. BILL NO. 44 -01 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 OF 12 FEET. BEING A PART OF PLEASANT HOME ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Kelly made a motion to defeat this bill. Councilmember King seconded the motion which carried. The bill was defeated by a roll call vote of nine (9) ayes. ORDINANCE NO. 9235 -01 AN ORDINANCE OF THE CITY OF SOUTH BEND APPROPRIATING AN ADDITIONAL $320,000 FROM THE SELF INSURANCE FUND ( #226) This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3019 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5021 F. JAY NIMTZ PARKWAY, SOUTH BEND, INDIANA TO BE 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, 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 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 [ - I 1 C REGULAR MEETING JULY 9, 2001 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 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 (SEl /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, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council REGULAR MEETING JULY 9, 2001 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 and installation of pre- print, pre - press, plate making equipment, telecommunications hardware, web, printing presses and related printing equipment which will cost in the range of $1.2 to $1.5 million dollars. This investment will result in 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. 3020 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 511 LINCOLN WAY WEST AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PHOTOCHROME, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 511 Lincoln Way West, South Bend, Indiana, and which is more particularly described as follows: W14 1/2 of lot 21 EX 40'N end all of 22 & S 22' of 23 and this property has Key Number 18 -1027 -0893, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seci., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et se g., and South Bend Municipal Code Sections 2 -76, et se . and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et. seg., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; REGULAR MEETING JULY 9, 2001 b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. 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. Jack St. Pierre, 511 -513 Lincolnway West, South Bend, Indiana, made the presentation for this Resolution. Mr. St. Pierre informed the Council that he owns property at 511 and 513 Lincolnway West known as Gene's Camera Store and Photochrome. Gene's Camera Store has been on Lincolnway West for sixty -two (62) years and employs twenty -four (24) individuals with a payroll of over five hundred thousand dollars ($500,000.00). He noted that Photochrome employees seven (7) individuals with a payroll of approximately one hundred forty thousand dollars ($140,000.00). Photochrome was started in 1984 as a wholesale photo finishing company to serve the needs of Gene's Camera Store. This abatement is for equipment purchases for Photochrome. Gene's Camera Store and Photochrome believe that people need high quality photographic prints from their digital cameras REGULAR MEETING JULY 9, 2001 and they would like to buy new equipment that would enable them to print photographic prints from digital files as easily as they can print from film today. As a result of this new equipment they can increase employment with the addition of three (3) full time employees and a payroll increase of sixty thousand dollars ($60,000.00). 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.3021 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2720 FOUNDATION DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MWI INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 2720 Foundation Drive, South Bend, Indiana, and which is more particularly described as follows: 2.004 acre tract East of Foundation Drive, N.W. corner S.E. 1/4 section 28 -38 -2E and this property has Key Number 25- 1010 - 040025, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et se . and South Bend Municipal Code Sections 2 -76, et seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5 et. seg., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; REGULAR MEETING JULY 9, 2001 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 The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. 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 Nelson, Sales Representative, 126 Wakewa Avenue, South Bend, Indiana, made the presentation for this Resolution. Mr. Nelson stated that MWI, Inc. is currently starting a small machining operation in South Bend which is a consolidation from three (3) other locations in the mid -west. They will open on August 1, 2001 and will employ five (5) full time individuals with the outlook of having twelve (12) by the end of the 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. REGULAR MEETING BILLS - FIRST READING JULY 9, 2001 BILL NO. 55 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 3 OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "DEVELOPMENT DESIGN REVIEW" This bill had first reading. Councilmember White made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on July 23, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 56-01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF BENDIX DRIVE AND PRAST BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 57-01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3811 S. MICHIGAN ST. IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 58 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; 61045 U.S. 31 SOUTH, SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission, set it for Public Hearing on August 27, 2001 and Third Reading on September 10, 2001 and be sent to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 5 9-0 1 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; JERRY & MARGUERY MACRI AND RICHARD & ANN LAFREE, 17,000 BLOCK OF DOUGLAS ROAD, SOUTH BEND, INDIANA, PHASE II 1 REGULAR MEETING JULY 9, 2001 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 60-01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3915 PORTAGE ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Varner 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. PRIVILEGE OF THE FLOOR Mr. Richard Bishop, 17413 Skyline Drive, South Bend, Indiana, asked the Council to set aside the rules of procedures to allow some speakers a few minutes each to address the Council. Council President Pfeifer advised Mr. Bishop that there is no limit on the number of individuals that can speak. Mr. Bishop asked for patience if individuals go over their three (3) minute limit. Ms. Annette Deguch, 701 West Sample Street, South Bend, Indiana, informed the Council that she supports the South Bend Police Department. She noted that her husband Paul was killed in the line of duty four (4) years ago. She stated that citizens take police officers for granted. Ms. Deguch informed the Council that the pay of the South Bend police is the worst in the state and all the officers she is acquainted with work at least one (1) part-time job to make ends meet. She challenged the Council to show support and to give the police a fair wage, a wage that they can live on and not have to work a part-time job. Mr. John Maciejczyk, 13396 Golden Harvest Lane, Granger, Indiana, advised that he is the Chief Deputy Prosecutor with the St. Joseph County Prosecutor's office and is present tonight on his own behalf and on behalf of St. Joseph County Prosecutor Chris Toth to express support of the South Bend Police Department and their efforts to obtain a fair wage. He noted that the South Bend police officers are paid significantly less than the officers in surrounding cities. He further noted that they should not have to work many part-time jobs to make ends meet. He asked the Council to give the officers a fair and decent raise. Mr. David Newton, 726 South 31" Street, South Bend, Indiana, Corporal, South Bend Police - Department, member of Fraternal Order of Police #36 and Black Police Officers Association of St. Joseph County, advised that the City cannot attract quality minority officers without fair and competitive wages. He further advised that they are having a hard time retaining officers who are here who are trained and well qualified because of the wage and the package that they receive. The Council is being asked to give them fair, competitive compensation for their services. Mr. Newton stated that they will commit that if they are given a first class pay they will continue to be first class police officers in a first class department. Mr. Don Niezgodski, 113 North Elliott Avenue, South Bend, Indiana, retired police officer, indicated that during the time he served on the department he used to have to work a second job in order to make ends meet for his family. He noted that the police officers deserve a better paying job. He REGULAR MEETING JULY 9, 2001 stated that he is also a former member of the South Bend Common Council and he knows that it is law in the State of Indiana that the South Bend Common Council set the pay for the Police and Fire Departments and not the Mayor's office. He stated that he knows that there is money that can be given to these departments. The money that is available cannot be spent on salaries but it can relieve other purchases so those monies can be used for salaries for public safety. He urged the Council to do their job and give the Police Department a fair and living wage. Mr. Howard Goodhew, Goodhew Drive, High Points Estates and also 1535 South Main Street, South Bend, Indiana, indicated that he has been involved in many initiatives begun by the City to support the Police Department. He noted that the issue of equitable salaries for the Police Department has degenerated into a bitter battle between the City and the officers. He noted that he is not prepared to validate or discuss the financial figures presented by both sides because he is not familiar with the total budgets under consideration. However, it is his understanding that a final offer has not been made by the City. The only solution is to examine and set priorities for funds available to operate all departments. He encouraged the Council to continue negotiations in good faith and reach an equitable solution with the understanding that some adjustments will be needed to accomplish that. He further noted that the City needs experienced police officers and should protect their retirement benefits because they are not eligible for Social Security benefits when they retire. Ms. Joyce Boaler, 1606 Hillsdale Road, South Bend, Indiana, noted that Councilmembers receive fifteen thousand four hundred ninety -five dollars ($15,495.00) annually plus benefits and retired police officers receive sixteen thousand dollars ($16,000.00) and no Social Security benefits. Ms. Boaler noted that the City and the Council employ nine (9) attorneys at a cost of three hundred sixty - seven thousand one hundred sixty -six dollars ($367,166.00). Many question their lack of ability when the Mayor hired an Indianapolis negotiations lawyer for twenty thousand dollars ($20,000.00) plus apossible ten thousand dollars ($10,000.00) in expenses. Ms. Boaler stated that the total Police force should resign and then the Mayor could deputize his own police force consisting of all assistant mayors, all Councilmembers, all lawyers and all Baker and Daniels employees and these people should receive a beginning patrolman's pay. In conclusion, she stated that the police force deserves a huge increase in pay and the retirement scale. The fiscal and moral responsibility of the Mayor and the Council demand nothing less. Mr. Paul Retek, Coordinator of the Countryside Neighborhood Watch Group, 1001 Mayflower, Lot 116, South Bend, Indiana, stated that he has the honor of working with the South Bend police who are the best in the State of Indiana. He is proud of what they have achieved to reduce crime in Countryside Village. He asked the Council to negotiate in good faith and do the right thing. Mr. Rick Bishop, Lieutenant, South Bend Police Department, residing at 17413 Skyline Drive, South Bend, Indiana, noted that the entire community is now aware that the wage negotiations have reached a near impasse and the entire blame for this situation lies at the feet of this Council and Mayor Luecke. He noted that the police wages were behind in the 1980's and remain so. The same administrators have known about police salary problems for a decade or more and it appears to be no more important now than it was then. The numbers that the City promotes at this point in the proceedings are not going to make it, assuring more years of running behind the majority of cities in the state. He further noted that some individuals offer a good deal of private support for their position and the usual comments in public during election cycles but not at crunch time when it matters. Mr. Bishop stated that the first class patrolman salary is important to them so they can continue to bring exceptional police officers to the department. It is also important to them because no matter what rank is obtained or how much overtime is worked, every officer's retirement income is based on the first class patrolman's salary. They have been told that the retirees are a drain on the finances. The wage committee has promised the membership that they will do everything in their power to get them a well deserved raise and the Council's support is needed for that. Mr. Jerry Christensen, Vice - President, Bowne of South Bend, Inc., 5021 F. Jay Nimtz Parkway, South Bend, Indiana, stated that the salary ranking one hundred nine (109) out of one hundred thirty -five (135) in the state is not fair. He stated that if he treated the people that work at the plant with the wages that were one hundred nine (109) out of one hundred thirty five (13 5) they would not be in business. He asked the Council to be fair, to listen to the police officers and do what they can. REGULAR MEETING JULY 9, 2001 Mr. Richard R. Heisman, 3512 Northside Boulevard, South Bend, Indiana, stated that he attended a conference of neighborhood associations at IUSB on June 16 'h and has signed a zero tolerance pledge. He noted that big crime starts with small crime and the key to eliminating crime is to tolerate no crime at all. Mr. Heisman advised that he will phone the police when he sees violations. He explained an ongoing problem with fireworks and advised that he called the police and was told that they could not do anything. He was told that the noise ordinance could not be enforced because no one will sign a complaint. He noted that he will continue to support the police and they need more recognition in their work either in pay or other ways. Councilmember Kirsits advised Mr. Heisman that his issue was taken up at a meeting with the neighborhood resources technical group. Fire Chief Bert Prawat, Prevention Bureau, as well as the Police Chief, the Prosecutor, State Fire Marshall, and the State Attorney General's office were all contacted to see what could be done. Unfortunately, the state law is written with very strange language and they were advised that the rank and file police officer on the street will not be able to make an arrest unless someone gets injured. If someone is hurt, the person causing that injury will be arrested. Councilmember Kirsits noted that a portion of the fee from fireworks sold goes to the State Fire Marshall's budget. It is hoped that in the next legislative session a stronger law to ban the sale of fireworks in the State of Indiana will be considered. Mr. Heisman responded that representatives from the various governments should work together. He noted that it has to be started at a local level with perhaps a town meeting where the citizens can voice their opinions and the problems that the police and fire departments are having. Mr. Kevin Andert, 21444 Leeper Road, Lakeville, Indiana, informed the Council that he has been a police officer for twenty -four (24) years for the City of South Bend. Through those years police officers have not been getting equal fair pay that other cities receive. The one thing that has changed is that citizens are more aware of police officers because they are in the schools, on the streets and meeting people. Most officers know many people on their beat and these people are tax paying citizens that now like and enjoy the police and those people vote. Mrs. Nancy Andert, 21444 Leeper Road, Lakeville, Indiana, stated that her issue is that she married a police officer twenty -four (24) years ago. He liked working for the city. His father before him was a sergeant on the police department and his father before him was the Chief on the Fire Department. They now have a son over the age of twenty -one (2 1) and do not want to tell him that if he wants to do community service like that to go to another community where he wouldn't have to work so hard so that he would have time for his family. Mrs. Andert noted that she and her husband were willing to do that for their kids but they don't want to see their son have to work two (2) jobs. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:25 p.m. ATTEST: Loretta J. , City ATTEST: Charlotte Pfeifer, President