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HomeMy WebLinkAbout09-10-01 Council Meeting MinutesREGULAR MEETING SEPTEMBER 10, 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, September 10, 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: Charlotte Pfeifer 2nd District President Roland Kelly 3rd District David Varner 5th District Sean Coleman At -Large Al `Buddy" Kirsits At -Large Karen L. White At -Large Absent: James Aranowski 1" District Vice - President Karl King 4t' District Andrew Ujdak 6t' District Chairperson, Committee of the Whole 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 August 27, 2001 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s /David Varner Councilmember Coleman made a motion that the minutes of the August 27, 2001 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of six (6) ayes. SPECIAL BUSINESS PRESENTATION - UPWARD BOUND PROGRAM Ms. Ann Kolata, Department of Community and Economic Development, informed the Council that this summer she had the privilege of working with a group of students at the University of Notre Dame Upward Bound Program. Thirty-four (34) students participated in a six -(6) week project to look at the Studebaker Corridor and come up with some recommendations as how they think the City should proceed with redevelopment. They have submitted their report to the Council and will make their presentation. Ms. A. Coates, Director, Upward Bound Program, informed the Council that the Upward Bound Program mission is to help first generation low income students obtain a post secondary education. Their goal at the University of Notre Dame is also to help the students nurture a love for learning through opportunities such as this. Mr. Jarvis Donaldson, Ms. Betty Espinoza, Ms. Martha Gutieerez, Mr. Davon Patterson, Ms. Bianca Tirado, and Ms. Jasmyne West presented their report to the Council through a power point presentation. Councilmembers White and Kelly thanked the students for their thoughtful presentation and excellent job in preparing the presentation. REGULAR MEETING SEPTEMBER 10, 2001 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:31 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 six (6) ayes. Council President Pfeifer presiding in the absence of Chairman Ujdak. BILL NO. 56 -01 PUBLIC HEARING 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 Councilmember Coleman made a motion to continue this bill until the October 8, 2001 meeting of the Council at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 57 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3811 S. MICHIGAN ST. IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kelly made motion to hear the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of six (6) ayes. Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation as substituted. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers stated that the petitioners are requesting a zone change from "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area to allow retail auto sales, detailing vehicles owned by the company and minor mechanical repair. The property currently contains a vacant restaurant. Located to the north is a church zoned "C" Commercial, "D" Height and Area and "B" Residential, "A" Height and Area; to the east across Michigan Street are single family homes zoned "A" Residential, "A" Height and Area; to the south are commercial businesses zoned "C" Commercial, "D" Height and Area and to the west across Main Street are industrial businesses zoned "D" Light Industrial, "F" Height and Area. Mr. Myers further stated that access to the site will be from Main Street. Water and sewer are available to the site. The drainage has been addressed by the petitioner. The total site to be rezoned is 2.03 acres. Of that, the buildings will occupy seven per cent (7 %) of the site, the parking and drives will occupy eighty -five per cent (85 %) of the site and eight per cent (8 %) of the site will remain as open space. A check of the Agency's maps indicated that no flood hazards or wetlands are present. A public well is located northwest of the site and the St. Joseph County Ireland Road (Bendix ) CERCLIS environmental hazard site is located southwest of the site. The site plan is preliminary. The Area Plan Commission, at its Public Hearing held on August 21, 2001 sends this petition to the Council with a favorable recommendation subject to a final site development plan. This site was rezoned to "C" Commercial, "C" Height and Area in 1974. The proposed zoning and use is consistent and compatible with the other commercially and industrially zoned and used sites in the surrounding area. 2 REGULAR MEETING SEPTEMBER 10, 2001 Mr. Bart Churchward, 259 Cross Creek Way, Columbia City, Indiana, made the presentation for this bill. Mr. Churchward advised that Bart's Car Store is currently a chain of seven (7) car lots and they would like to add an eighth at the proposed location. They currently sell between three hundred (300) and four hundred (400) units a month specializing in two (2) year old vehicles for half price. He noted that they are a well run company that is six (6) years old and he outlined several of the awards that they have received. Mr. Churchward further noted that the zoning is actually staying the same but it is the usage that is in question with the proposed usage more advantageous to the City. Use of this property for a car lot rather than a restaurant will result in less traffic in and out of the property and less sewage uses. He further noted that they have already begun beautifying the property and it is hoped that the City will be proud of them as a south side business. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Varner inquired the nature of the minor repairs that will be conducted on the site. Mr. Churchward stated that all repairs will be done inside a building and will consist of very light reconditioning, including fixing power windows and brakes. Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember White seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 60 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3915 PORTAGE ROAD 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. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers 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, a financial use, and a restaurant with a drive -thru. The property is currently vacant land. Located to the north are single family homes in the County zoned "R" Residential; to the east across Portage Road is a single - family home and a vacant residential structure in the County zoned "R" Residential and multi - family dwelling units zoned `B" Residential, "A" Height and Area in the City; to the south are commercial businesses zoned "C" Commercial; and to the west are industrial businesses zoned "D" Light Industrial, "A" Height and Area. Access to the site is from Portage 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 8.71 acres. Of that, the buildings will occupy fifteen per cent (15 %) of the site, the parking and drives will occupy sixty per cent (60 %) of the site and twenty -five per cent (25 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. The site plan is preliminary. The City Engineer has commented that the acceleration lane shall be extended to meet the widened road section to the south. Providing a warrant analysis of a passing blister for northbound traffic and for the signal is also desired. The City Engineer will also require a drainage plan at the final site plan stage. 3 REGULAR MEETING SEPTEMBER 10, 2001 At its Public Hearing held on August 21, 2001, the Area Plan Commission sent this petition to the Council with a favorable recommendation subject to a final site development plan. The proposed rezoning to "C" Commercial would be an extension of the established commercial district to the south. The proposed zoning and use is reasonable for this site. Mr. Michael Danch, Danch, Hamer & Associates, 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill on behalf of the petitioners, Indiana Trust and Investment Management Company and the contingent purchaser, Teacher's Credit Union, South Bend. Mr. Danch advised that this bill rezones approximately 8.7 acres of property located on the west side of Portage Avenue adjacent and north of Wal -Mart. The rezoning is for three (3) particular uses. Two (2) uses for the front portion of the property include a Teacher's Credit Union at the southeast corner of the property and a restaurant type use at the northeast on the north side of entrance drive. The back portion of the property will have fifty thousand (50,000) square feet of retail space. All the buildings are proposed to be one (1) story. There will be only one (1) drive way opening out onto Portage Road and that access point will meet all the City requirements. This development will also be connected up to the City water and sanitary sewer which presently is located south of the site. Also, there is an existing water line that runs along the entire west side of Portage Road that they will tap into. There will be extensive screening along the north side of the property where it abuts the existing residential property that is located in the County. From a drainage standpoint, they will meet all City standards. A drainage plan will be submitted to the City Engineer for approval at the final site plan procedure. 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 six (6) ayes. BILL NO. 83 -01 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF ST. LOUIS BOULEVARD FROM THE RIGHT OF WAY LINE OF WASHINGTON STREET TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. BEING A PART OF COTTRELL'S 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 no recommendation due to the lack of a quorum. Mr. Michael Danch, Danch, Hamer & Associates, 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill representing J & J Leasing also known as Environmental Health Services, South Bend, Indiana. Mr. Danch noted that the alley proposed to be closed is located between Hill Street on the west and St. Louis Street on the east and runs from Washington which is the north boundary to the existing east /west alley which is south of their property. The preliminary site plan submitted to the Council shows the reason for this proposed vacation. Environmental Health Services presently has abuilding located at 110 South Hill Street and they would like to add a sixty thousand (60,000) to seventy 11 REGULAR MEETING SEPTEMBER 10, 2001 thousand (70,000) square foot addition onto that building. In order to do that they are requesting the approval of this vacation on which the building would straddle the existing property. Environmental Health Services also owns all the property to the east which runs all the way to St. Louis Street. Since the alley is not used at this particular portion and there will be an east /west access to the south it is requested that the north/south alley be vacated. Mr. Danch noted that they are working with the City and the utility companies to work out the relocation of existing utilities that exist in this alley and they will abide by the Board of Public Works request concerning easements so that a turning movement can be made by a vehicle coming from the south so they could go east /west out to either St. Louis Street or to Hill Street. 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. Earl Hanson, 1241 Eckman, South Bend, Indiana, informed the Council that the correct name of the firm proposing this vacation is Environmental Health Laboratories and not Environmental Health Services. There was no one else present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Varner stated that the bill needs to be amended to include the language suggested by the Board of Public Works. Council Attorney Kathleen Cekanski- Farrand advised that the specific language is as follows: Section V. would read as follows: This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and shall be subject to the petitioner providing utility easements, cross easements and turning radii as deemed necessary by the City's Division of Engineering. The petitioner shall file copies of all recorded easements and cross easements required by the City with the City Clerk's office within forty-five (45) days of the passage of this ordinance. Councilmember Varner made a motion to accept this amendment as read. Councilmember Coleman seconded the motion which carried by a voice vote of six (6) ayes. Councilmember Varner noted for the record that the Council did receive one (1) letter of remonstrance in regards to this proposed vacation. Council Attorney Cekanski- Farrand noted that it was her understanding that the individual submitting the remonstrance has withdrawn that letter based on the premises that only (%) one -half of the actual area in question would be vacated. Therefore, the submission of the letter was noted for the record. Councilmember Coleman made a motion that this bill be sent to the full Council with a favorable recommendation as amended. Councilmember White seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 80 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE TO IMPROVE THE RESIDENTIAL DISTRICTS AND ENHANCE THE ENFORCEMENT OF PARKING REQUIREMENTS IN THE CITY OF SOUTH BEND 5 REGULAR MEETING SEPTEMBER 10, 2001 Councilmember Kelly reported that the Residential Neighborhood Committee met on this bill and sends it to the full Council with a favorable recommendation. Ms. Kathy Davis, Director, Department of Code Enforcement, 1300 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Davis noted that she has additional language to be placed in this bill which was suggested by Council Attorney Kathleen Cekanski - Farrand. The suggested amendment is as follows: Subsection (c) on the second page entitled "fines" should read as follows: Fines: The fine for violation of this section shall be fifty dollars ($50.00) and shall be payable through the Ordinance Violations Bureau pursuant to Section 2 -213 of this Code. The other change is found under Section 20 -119 Penalties. A final line would be added as follows: Fines issued under this Section shall be payable through the Ordinance Violations Bureau pursuant to Section 2 -213 of this Code. Ms. Davis stated that the purpose of this ordinance is to improve the quality of life and to enhance the enforcement of parking requirements in the City particularly in the residential districts. This bill would allow the City to address the parking of vehicles in inappropriate places or for inappropriate purposes through the use of tickets issued by police officers or inspectors with the Department of Code Enforcement. This method would immediately reach the owners of the vehicles and provide a more efficient process for enforcement of the City's zoning and parking laws than the current lengthy process of filing a formal lawsuit to enforce such laws in Circuit or Superior Court. She noted that this ordinance would be a tremendous change for her department in so far as addressing the issues that they face on a daily basis. To be able to address these problems through the ticketing process would speed the enforcement and would make sure that they are addressing the party that is violating the law and would get the neighborhoods back into the kinds of conditions that are acceptable in a very quick manner. Councilmember Kelly made a motion to accept the amendment as proposed. Councilmember Coleman seconded the motion which carried by a voice vote of six (6) ayes. Councilmember Kelly made a motion to send this bill to full Council with a favorable recommendation, as amended. Councilmember Coleman seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 76 -01 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2002 BILL NO. 77 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2002 AND ENDING DECEMBER 31, 2002, 1 u I REGULAR MEETING SEPTEMBER 10, 2001 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 78 -01 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2002, AND ENDING DECEMBER 31, 2002, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Kelly made a motion to combine Bill Nos. 76 -01, 77 -01 and 78 -01 for purposes of Public Hearing. Councilmember Coleman seconded the motion which carried by a voice vote of six (6) ayes. Councilmember Varner reported that the Personnel and Finance Committee conducted a Public Hearing on these bills and they come to the full Council with no recommendation because of the lack of a quorum. Mayor Stephen J. Luecke, 1400 County -City Building, South Bend, Indiana, made the presentation for these bills. Mayor Luecke advised that these bills set the property tax rates as part of the mechanism to fund City services and to give the Council permission for the City to spend those property taxes as well as other revenues that will be generated to provide services to the citizens of this community. The Mayor read the property tax rates as outlined in the bill. He noted that these numbers are lower than in the past because of a technical mechanism the State has decided that whereas true tax value used to be one -third (1/3) of the assessed value they are now going to one hundred per cent (100 %). Because the assessed value is going up, correspondingly the property tax rates drop. These rates were set high to allow the City to capture the full five per cent (5 %) increase in property tax levy. When the final assessed value is set then the State Board of Accounts will adjust the rates so that the City captures only the amount of money that it is allowed. Mayor Luecke thanked members of the Council for the extensive budget hearings that have been conducted to allow department heads to present their budgets, along with their plans for next year and a chance to review what they have been doing and ways to improve. He also thanked the department heads for their hard work in managing their departments and preparing a positive budget for next year. Mr. Tom Skarbek was also thanked for managing this budget process in the absence of a City Controller. Mayor Luecke stated that he is proud of the budget being presented. It is a comprehensive budget which provides for the needs of the citizens. It provides for public safety, for parks and recreation, for utilities, for streets, for a clean city, for new ways of doing things such as the new sweeper system that they are instituting, for police technology, for remote reading of water meters, and for better ways of doing things such as the cooperation between the Department of Code Enforcement and the special pick up program to get piles of trash cleaned. It provides for assistance for the safety coordinator so the City can continue its focus on work place safety. It provides for reorganization of traffic and lighting and for better filters for our water systems. It provides for new headwork and clarifiers to operate them property at the wastewater treatment plant and for funds for on -going and for future capital projects as well as keeping the City fiscally sound by maintaining healthy cash reserves. It prepares the City for an uncertain future. VA REGULAR MEETING SEPTEMBER 10, 2001 Mayor Luecke presented a $150 million dollar operating budget total revenue for all funds. The operating budget expenses are $136.5 million dollars with $13.5 million dollars available for capital expenditures in February. Of the $136.5 million dollars, $55 million is for the general fund. Seventy -four per cent (74 %) remains for public safety expenditures, $20.5 million for special revenue funds, $12.5 million for internal services funds, $17 million for capital and debt service, $8.3 million for the pension funds and $36 million for the enterprise funds. It also includes debt service from previous approved capital expenditures but does not include the capital budget which will be presented in February. The City is proposing budgeting for the maximum allowable five per cent (5 %) increase in property tax revenue. The general fund revenue excluding property taxes is anticipated to increase by eight hundred forty -five thousand dollars ($845,000.00). A sizable portion of that is made up by payment in lieu of taxes by South Bend Water Works and Sewage Works to the general fund. The utilities do pay to support the other operations in the general fund budget. There has also been an increase in the EMS service provided to the County which will be offset by an increase in expenditures as well. It is anticipated that revenue will be generated from the Palais Royale Ballroom but there will also be costs associated for the first year of operation. The police and fire pension funds will continue to see shortfalls in their revenues that will be supplemented with investments from the general fund. The Street Department Local Roads and Streets and Motor Vehicle Highways funds continue to be underfunded. This year the state did not appropriate any additional dollars for the street work and next year there will be no new dollars. Mayor Luecke noted that salaries are already set for teamsters, firefighters and police officers. Personnel costs take up seventy -two per cent (72 %) of the general fund. Department heads were told to keep increases at 1.5% for supplies and 2.5% for other services. The City faces challenges from the self insurance fund and employee health benefits are expected to increase by approximately twenty per cent (20 %) next year. The liability insurance reserve fund would increase 9.5% from the prior year. There are three (3) funds in this budget which are not balanced that will continue to rely on existing cash balances to support their deficiency. They are the Motor Vehicles Highway and Street Department Fund, Century Center and the Sewer Repair Insurance Fund. Because cash reserves have been built up, the City is able to sustain that deficiency for this year but those are areas that will continue to require attention. The total revenue is $13.5 million dollars more than the budgeted expenses in the operating funds. That $13 million dollars will be put toward the capital budget. There continues to be significant and extraordinary expenditures ahead that will be required to be funded through not only the $13 million dollars next year but millions of dollars in future years as well. Some costs are associated with the Oliver Plow Works Project, repairs to dam at Century Center, major renovation at 701 West Sample Street for the Police and Fire Departments, the two (2) oldest parking garages are in need of significant structural repairs and aesthetic improvement and the south east neighborhood is in need of a park. Streets and alleys continue to be an ongoing source of needed funding. Studebaker Museum is in need of funding and funds are needed to clean -up of Frederick Park. Also, there is an ongoing need for equipment at the Police and Fire Departments. The EMS fund is very tight and additional funding sources will be needed for capital to assist the Fire Department in upgrading equipment, creation of new facilities and a new home for Fire Station #9. In conclusion, the Mayor stated that he is proud of this budget. It is a budget that serves the citizens of this community well. This being the time heretofore set for the Public Hearing on the above bills, proponents and opponents were given an opportunity to be heard. Mr. Jim Cierzniak, 1156 East Victoria Street, South Bend, Indiana, stated that he would like to see better reporting to the public on the budget. He noted that the Mayor just read off a large number of figures and it is difficult to be a good citizen when it comes to the budget. He noted that the REGULAR MEETING SEPTEMBER 10, 2001 budget meetings are open to the public and the information can be gotten from the City Controller's office, but a summary would be helpful. Mr. Leon Stein, President, Firefighters Local #362, 1122 South Main Street, South Bend, Indiana, stated that in 2000 the firefighters bargained in good faith and ratified a four (4)year contract. The 2002 budget is being considered with non - bargaining employees receiving a four per cent (4 %) salary increase and a four and one -half percent (4.5 %) increase for police officers who did not ratify a contract. Firefighters will receive 3.4 %. Mr. Stein asked the Council to make a recommendation to the Mayor to amend the salaries for next year for the Fire Department. In rebuttal and in response to Mr. Cierzniak, Mayor Luecke advised that they are working on developing an annual report to better explain in summary fashion how dollars are expended. In terms of salaries for employees, Mayor Luecke noted that the administration does appreciate the time spent with firefighters to ratify and vote on a salary. He noted that there have been disparities whereas some years the firefighters received more than others and sometimes less. He stated that he respects the contact that was ratified and expects that will continue. Councilmember Varner stated he recollected that in the past the Council received a summary showing the aggregate tax rate. Mayor Luecke advised that the City used the same format this year as last but the cumulative tax rate is $3.5834. In response to Mr. Cierzniak's concerns, he noted that a budget review is located at the beginning of the budget book that is given to the Council and he would provide that information to Mr. Cierzniak. Councilmember Coleman made a motion that Bill No. 76 -01 be continued, in the Council portion of the Public Hearing, until the meeting of September 24, 2001. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. Additionally, Councilmember Coleman made a motion that Bill No. 77 -01 be continued, in the Council portion of the Public Hearing, until the meeting of September 24, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of six (6) ayes. Finally, Councilmember Coleman made a motion that Bill No. 78 -01 be continued, in the Council portion of the Public Hearing, until the meeting of September 24, 2001. Councilmember White seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 82 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO APPROPRIATE FUNDS FROM HALL OF FAME OPERATIONS FUND #677 AND FROM COLLEGE FOOTBALL HALL OF FAME FUND #377 FOR PURPOSES OF SATISFYING THE CITY'S OBLIGATION TO THE NATIONAL FOOTBALL FOUNDATION Councilmember Varner advised that the Personnel and Finance Committee conducted a Public Hearing this afternoon on this bill and sends it to the full Council with no recommendation due to the lack of a quorum. Mayor Stephen Luecke, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mayor Luecke stated that this bill appropriates additional dollars for the College Football Hall of Fame. He noted that he previously stated that the City had responsibility to pay for the financing of the building and it made logical sense for the National Football Foundation to be responsible for E REGULAR MEETING SEPTEMBER 10, 2001 the operations of the Hall of Fame. The City has finally concluded an Interim Agreement that makes that division. It is a five (5) year Interim Agreement, retroactive to January 1, 2001, and as part of that Agreement it is necessary for the City to transfer some additional funds. As of December 31, 2000 there was an operating cash balance of four hundred fifty thousand dollars ($450,000.00) that was used for operation of the Hall to cover regular expenses. As part of the Agreement the City is transferring that operating cash balance to the NFF for their use while they are operating the Hall. In the event that the operation of the Hall should revert to the City, under the original agreement, this amount would also revert to the City for the continued use for the operation of the Hall. In the event that the Hall should stop operating, the City must return to the NFF the $1.9 million dollars that they have invested into the operation of the Hall. In the event that the Hall should close, the four hundred fifty thousand dollars ($450,000.00) would be applied as a credit against that $1.9 million dollars that the City would owe to the NFF. Additionally, the City operated the Hall from January 1 St through May 31 It because an agreement was not in place. During that time there were revenues that came into the Hall as well as expenses that went out and the City must appropriate a cash amount to the NFF for that period of time. Also, in the current budget the Council appropriated one hundred fifty thousand dollars ($150,000.00) in professional sports development money for the Hall of Fame. That was the minimum amount by the agreement with the NFF that the City was required to provide. More professional sports development dollars are coming in and therefore the Council is being asked, as part of this appropriation, to increase the amount of professional sports development dollars available to what it is projected will be the amount received this year. Those dollars will only be expended in so as far as the NFF has qualifying capital expenditures at the Hall to draw those dollars down. In conclusion, the Mayor asked for the Council's favorable consideration. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak i-n . favor of this bill. Mr. Jim Cierzniak, 1156 East Victoria Street, South Bend, Indiana, stated that he would like to see the Hall of Fame closed and that transferring the operation of the Hall to the NFF means very little. He stated that he cannot believe that they can operate the Hall better than the City. Mr. Cierzniak outlined the amounts of money which the City has already transferred to the NFF. He noted that the City has an obligation of over $2 million dollars per year for the next seventeen (17) years in expenditures. The bond payment is $1.4 million dollars and will not be retired until 2018. In addition, the Hotel Motel tax is currently about four hundred sixty -two thousand dollars ($462,000.00) and the Sports Development Fund is two hundred fifty thousand dollars ($250,000.00) to three hundred thousand dollars ($300,000.00). He noted that both the Sports Development fund and the Hotel Motel tax have grown considerably within the last three (3) years. Those numbers are going up considerably and the City is obligated to send it all to the NFF as there is no cap. Those totals could be at least $2.1 or $2.2 million dollars a year. Mr. Cierzniak further noted that the City will face considerable costs in capital expenditures in maintaining the Hall. The City is obligated to pay for anything that goes wrong with the exterior and still faces the amount of $1.9 million dollars which is an obligation and not a gift as was told. There was no one else present wishing to speak to the Council concerning this bill. In rebuttal, Mayor Luecke urged the Council not to pull the plug on the Hall of Fame as the Interim Agreement will yield a better running of the Hall. It has established the responsibilities where they belong. The building is the responsibility of the City and that obligation is to pay for the construction of it and to maintain it. The NFF's keenest interests are in the operation of the Hall and they will bring some additional attention to it. In conclusion, Mayor Luecke stated that he believes this is the appropriate way to move forward. 10 REGULAR MEETING SEPTEMBER 10.2001 Councilmember Varner stated that while this Agreement has been much talked about, in actuality, it appears to be a restatement of the original agreement. The only difference is that this has become a Management Agreement. While it is a Management Agreement, it does not represent a financial obligation to the Hall of Fame. There is not a single financial or monetary obligation that the NFF makes to the City of South Bend. As in the previous agreement, which was executed between the City of South Bend and the Board of Managers of Century Center and not the City Council, in addition to requiring no obligations financially on the part of the NFF, it also leaves the City open to increased liability by not placing any cost caps on the City's part. This is a Management Agreement where the City lets the management decisions go to the NFF but it also continues to leave the check book open and the responsibility for whatever happens to the taxpayers and with the City. When there is an opportunity for the NFF to make a contribution, this contract specifically allows them to hold fund raising events in the Hall of Fame which is being paid for and supported by the City without any enumeration to the City. It appears that the original context has been rewritten and it leaves the City open for enormous costs and obligations on an ongoing basis without any support financially from the NFF. In conclusion, Councilmember Varner stated that he cannot support this bill. Councilmember Kelly stated that the City has had some difficulty with the Hall of Fame operation and that is why the City agrees to this relationship with the NFF. It has been determined that the building is the responsibility of the City and it must be paid for one way or another. At this point, at least for the next five (5) years, the NFF is taking up the cost of operation. Councilmember Kelly stated that he has favored the Hall of Fame from the beginning and he is not ready to pull the plug. This relationship has to be given a change and he will vote for this bill. - Councilmember Kelly made a motion that this bill go favorably to the full Council. Councilmember Coleman seconded the motion which carried by a voice vote of five (5) ayes and one (1) nay by Councilmember Varner. MOMENT OF SILENCE FOR FIREFIGHTER STEVE SHEETS Council President Pfeifer asked everyone for a moment of silence for Firefighter Steve Sheets who passed away today. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Kelly seconded the motion which carried by a voice vote of six (6) ayes. ATTEST: ATTEST: Lorett V / Ada, ity Clerk Charlotte Pfeifer, Presid t BILLS - THIRD READING ORDINANCE NO. 9253 -01 THIRD 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 AMF_.IdD \T(3 THE ZONING ORDINANCE FOR CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; ARBY'S, 61045 U.S. 31 SOUTH, SOUTH BEND, INDIANA 11 REGULAR MEETING SEPTEMBER 10.2001 This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. ORDINANCE NO. 9254-01 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3811 S. MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. ORDINANCE NO. 9255-01 THIRD 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 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 six (6) ayes. ORDINANCE NO. 9256 -01 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF ST. LOUIS BOULEVARD FROM THE RIGHT OF WAY LINE OF WASHINGTON STREET TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. BEING A PART OF COTTRELL' S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the amended version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as amended. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. ORDINANCE NO. 9257 -01 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE TO IMPROVE THE RESIDENTIAL DISTRICTS AND ENHANCE THE ENFORCEMENT OF PARKING REQUIREMENTS IN THE CITY OF SOUTH BEND This bill had third reading. Councilmember Kelly made a motion to consider the amended version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of six (6) 12 1 F_j� REGULAR MEETING SEPTEMBER 10, 2001 ayes. Additionally, Councilmember Kelly made a motion to pass this bill as amended. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. ORDINANCE NO. 9258 -01 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO APPROPRIATE FUNDS FROM HALL OF FAME OPERATIONS FUND #677 AND FROM COLLEGE FOOTBALL HALL OF FAME FUND #377 FOR PURPOSES OF SATISFYING THE CITY'S OBLIGATION TO THE NATIONAL FOOTBALL FOUNDATION 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 five (5) ayes and one (1) nay by Councilmember Varner. RESOLUTIONS: RESOLUTION NO. 3031 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2639 WEST JEFFERSON BOULEVARD RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOHN E. COLEMAN WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2639 West Jefferson Boulevard, South Bend, Indiana, and which are more particularly described as follows: Lot 772 & S %2 Vac Alley N & Adj & E %2 Vac Alley W & Adj Summit PL 3rd Add Lot 773 & S % Vac Alley N & Adj Summit PL 3' Add Lot 774 & S %2 Vac Alley N & Adj Summit PL 3rd Add and these properties have Key Numbers 18- 4032 - 1148,18- 4032 - 1150,18- 4032 -1152, respectively, be designated as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South 13 REGULAR MEETING Bend, Indiana, as follows: SEPTEMBER 10.2001 SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. 14 1 REGULAR MEETING SEPTEMBER 10, 2001 SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. John Coleman, 1622 Sibley, South Bend, Indiana and Ms. Mary Booth Lyons, 54643 29t' Street, South Bend, Indiana, made the presentation for this Resolution. Ms. Lyons stated that this project is a win -win situation for the residents, the City, and the builder to have a new home built on these lots. 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 six (6) ayes. RESOLUTION NO. 3032-01 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 2722 TUCKER DRIVE, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO. INC. RESOLUTION NO. 3033-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2722 TUCKER DRIVE, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO. INC., NATHAN LERMAN TRUST AND A & F REALTY CO. 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 2722 Tucker Drive, South Bend, Indiana, and which is more particularly described as follows: 15 REGULAR MEETING SEPTEMBER 10, 2001 The following parcels of Real Estate all located in St. Joseph County, Indiana: A part of the South 1/2 of the Northwest 1/4 of Section 15, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 15, 580.64 feet South of the Northeast corner of said Southwest 1/4 of the Northwest 1/4, said point being 172.0 feet North of the North right of way line of the Indiana Northern Railway Company; thence Westerly parallel with said North right -of -way line 565 feet to the Southwest corner of a tract of land conveyed to Stanley Enterprises, Inc. By a deed recorded October 16, 1993 in Deed Record 777, page 226; thence North along the West line of said Stanley Enterprises, Inc. tract, said line being parallel with the East line of said Southwest 1/4 of the Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence West along the South line of Tucker Drive 215.93 feet; thence South parallel with said East line of the Southwest 1/4 of the Northwest 1/4, 495.90 feet to the North right -of -way line of the Indiana Northern Railway Company; thence Easterly along said North right -of -way line, 860.23 feet to the West edge of Steel Warehouse Co. Inc.'s building; thence North along said West edge of building, 172.0 feet; thence Westerly parallel with the North right -of -way line of the Indiana Northern Railway Company, 79.3 feet to the point of beginning, containing 5.0 acres, more or less. A part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest Quarter of the Northwest Quarter, 324.25 feet to a point 172 feet North of the North line of the right -of -way of the Indiana Northern Railway Company; thence East parallel with said North line of said right -of -way, 540 feet; thence North parallel with the East line of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. A tract of land in the West Half (1/2) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty -seven (3 7) North, Range Two (2) East, now within and apart of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South along the Norther and South center line of said Quarter Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West along said North line to the West line of said Section Fifteen (15); thence North along said West line One Hundred Twenty -eight and One Tenth (128.1) feet, more or less, to a line Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right -of -way; thence Northeasterly parallel to the Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right -of -way, Seven Hundred Twenty -seven and One One - Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) ofthe Northwest Quarter (1/4) ofthe Northwest Quarter (1/4) of Section Fifteen (15); thence Southerly along said East line One Hundred Ninety -nine and Eighty -six Hundredths (199.86) feet, more or less, to the South line of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence East along said 16 C 1 REGULAR MEETING SEPTEMBER 10, 2001 South line Six Hundred Sixty -three and Fifty -two hundredths (663.52) feet, more or less, to the place of beginning, excepting Thirty (30) feet off the East side thereof for purposes of a public highway. A lot or parcel of land situated in the Northwest Quarter of Section 15, Township 37 North, Range 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, to -wit: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter of said Section 15, 600 feet West of the Northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 15; thence running West along said North line a distance of 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence South a distance of 220 feet, more or less, to the North line of a 40 foot road known as Tucker Drive; thence East along the North line of said roadway to a point due South of the place of beginning; thence North to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately South of the above described real estate known as Tucker Drive, and extending Eastward to Olive Street. Part of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty -seven (3 7) North, Range Two (2) East, now within and apart of the City of South Bend, described as beginning at a point 260 feet South of the Northwest corner of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South 492.9 feet to the North line of the right -of -way of the Indiana Northern Railroad; thence East along the said North line of the right -of -way of the Indiana Northern Railroad 305 feet; thence North 492.9 feet; thence West 305 feet to the place of beginning. Together with a right -of -way over a 40 foot roadway North of and adjoining the aforedescribed tract, and continuing Easterly to Olive Street, which said 40 foot roadway is now commonly known as Tucker Drive in said City of South Bend. The East Half of the South East Quarter of the North East Quarter of Section No. 16, Township No. 37 North, Range No.2 East, containing 20 acres, more or less, and being Lot No. 16 in the Sub - division of said Section No. 16, and now within a part of the City of South Bend, excepting there from the following: The original right -of -way across, the North West corner heretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by Warranty Deed dated August 21, 1894, and recorded in Deed Record 95, page 553, of the records of St. Joseph County, Indiana; and excepting second the following: Beginning at a point on the West line of said Lot Numbered 16, where the same is intersected by the South Easterly line of said original right -of -way, thence running South on the west line of Lot Numbered 16, 219 feet, more or less, to a point distant 250 feet by rectangular measurement from the original center line of said right -of -way; thence North Easterly parallel with and 250 feet distant by rectangular measurement from the original center line of said right -of -way a distance of 733.3 feet, more or less, to a point on the East line of said Section No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, a distance of 254.5 feet, more or less, to the intersection with the said Easterly line of said original right -of -way; thence South Westerly with said Easterly line a distance of 454.5 feet, more or less, to the place ofbeginning, containing 3.04 acres, more or less; excepting 17 REGULAR MEETING SEPTEMBER 10, 2001 third, all that part of said Lot No. 16 which lies South of the North line of the right -of -way of the St. Joseph, South Bend and Southern Railroad Company, excepting fourth, a strip of land 70 feet wide North and South lying next north of and adjoining the right -of -way of the St. Joseph, South Bend and Southern Railroad Company; excepting further that a strip of 40 feet in width, North and South, and being a extension of Tucker Drive, shall be established through the Northerly part of said tract and dedicated to the public as a highway, which said extension shall extend to the right -of -way of the New York Central Railroad Company. All that part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East, described as follows: Beginning at a point 260 feet South and 330 feet West of the Northeast corner of the said Southwest Quarter of the Northwest Quarter; thence West 996.08 feet to the West line of said section; thence South 498.35 feet to the North line of the right -of -way of the Indiana Northern Railway Company; thence Easterly along the said Northerly line of said Indiana Northern Railway Company a distance of 996.08 feet, more or less, to a point on the Northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence North to the place of beginning. Beginning in the center line of Olive Street in said City at a point Seven Hundred Eighteen and twenty -five hundredths (718.25) feet South of the North line of said Section No. 15, said point of beginning being on the Southerly line of a strip of land Fifty (50) feet wide reserved for the right of way of the Indiana Northern Railroad Company thence running South on the center line of Olive Street, a distance of Six Hundred Eight and fifteen- hundredths (608.15) feet to the South east corner of said North East quarter of the North West quarter of Section No. 15; thence running West on said South line, a distance of Thirteen Hundred twenty -seven (1327) feet to the West line of said quarter quarter Section, thence North on said West line, a distance of Four Hundred Ninety -three and four hundredths (493.04) feet to the Southerly line of said parcel deeded by said Grantors to the New York central Railway Company; thence North Easterly along the Southerly line of said last named parcel to a point on the South line or the right of way of the Indiana Northern Railroad Company due West of the place of beginning; thence East ten hundred Fifty -seven and Thirteen hundredths (1057.13) feet, more or less, to the place of beginning, and containing Seventeen and seven hundred Sixty -one thousandths (17.761) acres, exclusive of Olive Street. All that part of the East Half of the North West Quarter of the North West Quarter of Section No. 15, Township No. 37 North, Range No. 2 East, that lies South of the right -of -way of the Indiana, Illinois, and Iowa Railroad Company (now New York Central Railroad), now within and a part of the City of South Bend; excepting therefrom a lot or parcel of land bounded as follows: Beginning at the intersection of the South Easterly line of said right -of -way and the East line of the East Half of the Northwest Quarter of the North West Quarter of said Section No. 15, thence running South Westerly along the South Easterly line of said right -of -way to the West line of the East Half of the North West Quarter of the North West Quarter of said Section; thence running South 219 feet, more or less, to a point; thence North Easterly parallel with and 219 feet South of the Southerly line of said right -of -way to the East line of the East Half of the North West Quarter of the North West Quarter of said Section No. 15; thence North 219 feet, more or less, to the place of beginning. and which have Key Numbers 18- 8075 -2838, 18- 8075 -2839, 18- 8075- 284406, 18- 8075 -2843, 18- 8075- 284403, 18- 8075- 284404, 18- 8075- 284502, 18- 8075- 284501, be designated as an C u 1 REGULAR MEETING SEPTEMBER 10, 2001 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. 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 seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council ofthe City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 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; 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 19 REGULAR MEETING SEPTEMBER 10, 2001 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 RESOLUTION NO. 3033 -01 WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 2722 Tucker Drive, South Bend, Indiana, and which is more particularly described as follows: The following parcels of Real Estate all located in St. Joseph County, Indiana: A part of the South %2 of the Northwest 1/4 of Section 15, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 15, 580.64 feet South of the Northeast corner of said Southwest 1/4 of the Northwest 1/4, said point being 172.0 feet North of the North right of way line of the Indiana Northern Railway Company; thence Westerly parallel with said North right -of -way line 565 feet to the Southwest corner of a tract of land conveyed to Stanley Enterprises, Inc. By a deed recorded October 16, 1993 in Deed Record 777, page 226; thence North along the West line of said Stanley Enterprises, Inc. tract, said line being parallel with the East line of said Southwest 1/4 of the Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence West along the South line of Tucker Drive 215.93 feet; thence South parallel with said East line of the Southwest 1/4 of the Northwest 1/4, 495.90 feet to the North right -of -way line of the Indiana Northern Railway Company; thence Easterly along said North right -of -way line, 860.23 feet to the West edge of Steel Warehouse Co. Inc.'s building; thence North along said West edge of building, 172.0 feet; thence Westerly parallel with the North right -of -way line of the Indiana Northern Railway Company, 79.3 feet to the point of beginning, containing 5.0 acres, more or less. A part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter ofthe Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest Quarter of the Northwest Quarter, 324.25 feet to a point 172 feet North of the North line of the right -of -way of the Indiana Northern Railway Company; thence East parallel with said North line of said right -of -way, 540 feet; thence North parallel with the East line of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. 20 I F] REGULAR MEETING SEPTEMBER 10, 2001 A tract of land in the West Half (%2) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty -seven (3 7) North, Range Two (2) East, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South along the Norther and South center line of said Quarter Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West along said North line to the West line of said Section Fifteen (15); thence North along said West line One Hundred Twenty -eight and One Tenth (128.1) feet, more or less, to a line Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right -of -way; thence Northeasterly parallel to the Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right -of -way, Seven Hundred Twenty -seven and One One - Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence Southerly along said East line One Hundred Ninety -nine and Eighty -six Hundredths (199.86) feet, more or less, to the South line of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence East along said South line Six Hundred Sixty -three and Fifty -two hundredths (663.52) feet, more or less, to the place of beginning, excepting Thirty (30) feet off the East side thereof for purposes of a public highway. A lot or parcel of land situated in the Northwest Quarter of Section 15, Township 37 - North, Range 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, to -wit: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter of said Section 15, 600 feet West of the Northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 15; thence running West along said North line a distance of 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence South a distance of 220 feet, more or less, to the North line of a 40 foot road known as Tucker Drive; thence East along the North line of said roadway to a point due South of the place of beginning; thence North to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately South of the above described real estate known as Tucker Drive, and extending Eastward to Olive Street. Part of the Southeast Quarter (1/4) ofthe Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, described as beginning at a point 260 feet South of the Northwest corner of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South 492.9 feet to the North line of the right -of -way of the Indiana Northern Railroad; thence East along the said North line of the right -of -way of the Indiana Northern Railroad 305 feet; thence North 492.9 feet; thence West 305 feet to the place of beginning. Together with a right -of -way over a 40 foot roadway North of and adjoining the aforedescribed tract, and continuing Easterly to Olive Street, which said 40 foot roadway is now commonly known as Tucker Drive in said City of South Bend. The East Half of the South East Quarter of the North East Quarter of Section No. 16, Township No. 37 North, Range No.2 East, containing 20 acres, more or less, and being Lot No. 16 in the Sub - division of said Section No. 16, and now within a part of the City of South Bend, excepting there from the following: 21 REGULAR MEETING SEPTEMBER 10, 2001 The original right -of -way across, the North West corner heretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by Warranty Deed dated August 21, 1894, and recorded in Deed Record 95, page 553, of the records of St. Joseph County, Indiana; and excepting second the following: Beginning at a point on the West line of said Lot Numbered 16, where the same is intersected by the South Easterly line of said original right -of -way, thence running South on the west line of Lot Numbered 16, 219 feet, more or less, to a point distant 250 feet by rectangular measurement from the original center line of said right -of -way; thence North Easterly parallel with and 250 feet distant by rectangular measurement from the original center line of said right -of -way a distance of 733.3 feet, more or less, to a point on the East line of said Section No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, a distance of 254.5 feet, more or less, to the intersection with the said Easterly line of said original right -of -way; thence South Westerly with said Easterly line a distance of 454.5 feet, more or less, to the place of beginning, containing 3.04 acres, more or less; excepting third, all that part of said Lot No. 16 which lies South of the North line of the right -of -way of the St. Joseph, South Bend and Southern Railroad Company, excepting fourth, a strip of land 70 feet wide North and South lying next north of and adjoining the right -of -way of the St. Joseph, South Bend and Southern Railroad Company; excepting further that a strip of 40 feet in width, North and South, and being a extension of Tucker Drive, shall be established through the Northerly part of said tract and dedicated to the public as a highway, which said extension shall extend to the right -of -way of the New York Central Railroad Company. All that part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North; Range 2 East, described as follows: Beginning at a point 260 feet South and 330 feet West of the Northeast corner of the said Southwest Quarter of the Northwest Quarter; thence West 996.08 feet to the West line of said section; thence South 498.35 feet to the North line of the right -of -way of the Indiana Northern Railway Company; thence Easterly along the said Northerly line of said Indiana Northern Railway Company a distance of 996.08 feet, more or less, to a point on the Northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence North to the place of beginning. Beginning in the center line of Olive Street in said City at a point Seven Hundred Eighteen and twenty -five hundredths (718.25) feet South of the North line of said Section No. 15, said point of beginning being on the Southerly line of a strip of land Fifty (50) feet wide reserved for the right of way of the Indiana Northern Railroad Company thence running South on the center line of Olive Street, a distance of Six Hundred Eight and fifteen- hundredths (608.15) feet to the South east corner of said North East quarter of the North West quarter of Section No. 15; thence running West on said South line, a distance of Thirteen Hundred twenty -seven (1327) feet to the West line of said quarter quarter Section, thence North on said West line, a distance of Four Hundred Ninety -three and four hundredths (493.04) feet to the Southerly line of said parcel deeded by said Grantors to the New York central Railway Company; thence North Easterly along the Southerly line of said last named parcel to a point on the South line or the right of way of the Indiana Northern Railroad Company due West of the place ofbeginning; thence East ten hundred Fifty -seven and Thirteen hundredths (1057.13) feet, more or less, to the place of beginning, and containing Seventeen and seven hundred Sixty -one thousandths (17.761) acres, exclusive of Olive Street. All that part of the East Half of the North West Quarter of the North West Quarter of 22 1 1 REGULAR MEETING SEPTEMBER 10, 2001 Section No. 15, Township No. 37 North, Range No. 2 East, that lies South of the right -of -way of the Indiana, Illinois, and Iowa Railroad Company (now New York Central Railroad), now within and a part of the City of South Bend; excepting therefrom a lot or parcel of land bounded as follows: Beginning at the intersection of the South Easterly line of said right -of -way and the East line of the East Half of the Northwest Quarter of the North West Quarter of said Section No. 15, thence running South Westerly along the South Easterly line of said right -of -way to the West line of the East Half of the North West Quarter of the North West Quarter of said Section; thence running South 219 feet, more or less, to a point; thence North Easterly parallel with and 219 feet South of the Southerly line of said right -of -way to the East line of the East Half of the North West Quarter of the North West Quarter of said Section No. 15; thence North 219 feet, more or less, to the place of beginning. and which have Key Numbers 18- 8075 -2838, 18- 8075 -2839, 18- 8075- 284406, 18- 8075 -2843, 18- 8075- 284403, 18- 8075- 284404, 18- 8075- 284502, 18- 8075- 284501, 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. 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. seg., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee ofthe Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et. seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can 23 REGULAR MEETING SEPTEMBER 10, 2001 be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (insert number) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Coleman made a motion to combine Bill Nos. 01 -73 and 01 -74 for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. Councilmember Kelly reported that the Community and Economic Development Committee met on these bills and recommends these Resolutions to the Council favorably. Mr. Gerald F. Lerman, Vice President, Steel Warehouse Company, 1121 East Woodside, South Bend, Indiana, made the presentation for these Resolutions. Mr. Lerman stated that these tax abatements are requested for a project to enlarge their existing operation by adding new equipment which will be housed in a building that will be approximately forty thousand (40,000) square feet at a cost of $1.1 million dollars. The equipment acquisition would range between $2.2 million dollars and $4.4 million dollars and would add a minimum of ten (10) new jobs and one (1) shift of operations. It is believed that this project will solidify their existing operation in a period of economic downturn in their industry. They also believe that to maintain their own strength they need to enlarge their product line and go out and reach their customers with products that they are not now able to service them with and thereby utilize existing equipment they have in addition to the new equipment they will be acquiring in this project. Mr. Lerman also noted that their annual contribution to the Urban Enterprise Zone is approximately two 24 J REGULAR MEETING SEPTEMBER 10, 2001 hundred thousand dollars ($200,000.00) and they have been contributing since 1996. A Public Hearing was held on the Resolutions 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 Bill No. 01 -73. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes. Additionally, Councilmember Coleman made a motion to adopt Bill No. 01 -74. Councilmember White seconded the motion which carried by a roll call vote of six (6) ayes. BILLS - FIRST READING BILL NO. 85 -01 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PORTION OF THE STREET TO BE VACATED IS CAMPEAU STREET FROM THE NORTH RIGHT OF WAY LINE OF ROCKNE DRIVE TO THE SOUTH RIGHT OF WAY LINE OF CHURCHILL DRIVE FOR A DISTANCE OF 312.35 FEET AND A WIDTH OF 20 FEET. BEING THE NORTHEAST PORTION OF THE RIGHT OF WAY FOR CAMPEAU STREET ADJACENT TO LOT 392 IN THE COQUILLARD WOODS ADDITION, SECTION F AND - LOT 481 COQUILLARD WOODS ADDITION, SECTION 1 IN 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 September 24, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 86 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF REVENUE BONDS TO EVIDENCE A LOAN FROM THE BUSINESS DEVELOPMENT CORPORATION OF SOUTH BEND, MISHAWAKA, ST. JOSEPH COUNTY, INDIANA, RELATING TO THE ROBERT BOSCH CORPORATION RETENTION PROJECT, CITY OF SOUTH BEND, INDIANA, REVENUE BONDS, SERIES 2001C This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and the Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 24, 2001. Councilmember White seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 87 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS (TOGETHER WITH INVESTMENT EARNINGS THEREON) DERIVED FROM 25 REGULAR MEETING SEPTEMBER 10, 2001 THE ISSUANCE OF BONDS HERETOFORE AUTHORIZED TO BE ISSUED AND DESIGNATED AS "CITY OF SOUTH BEND, INDIANA, REVENUE BONDS, SERIES 2001C," FOR THE PURPOSE OF FINANCING THE COSTS OF REHABILITATION OF PROPERTY IN CONNECTION WITH THE ROBERT BOSCH CORPORATION RETENTION PROJECT, TOGETHER WITH EXPENSES INCIDENTAL THERETO, INCLUDING EXPENSES IN CONNECTION WITH THE ISSUANCE OF THE B OND This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and the Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 24, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 88 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF REVENUE BONDS TO EVIDENCE A LOAN FROM THE INDUSTRIAL REVOLVING FUND OF SOUTH BEND, INDIANA, RELATING TO THE ROBERT BOSCH CORPORATION RETENTION PROJECT, CITY OF SOUTH BEND, INDIANA, REVENUE BONDS, SERIES 2001D This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and the Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 24, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 89 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS DERIVED FROM THE ISSUANCE OF BONDS HERETOFORE AUTHORIZED TO BE ISSUED AND DESIGNATED AS "CITY OF SOUTH BEND, INDIANA, REVENUE BONDS, SERIES 2001D," FOR THE PURPOSE OF FINANCING THE COSTS OF REHABILITATION OF PROPERTY IN CONNECTION WITH THE ROBERT BOSCH CORPORATION RETENTION PROJECT, TOGETHER WITH EXPENSES INCIDENTAL THERETO, INCLUDING EXPENSES IN CONNECTION WITH THE ISSUANCE OF THE BOND This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and the Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 24, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 90 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, 26 1 1 1 REGULAR MEETING SEPTEMBER 10, 2001 AUTHORIZING THE ISSUANCE OF REVENUE BONDS TO EVIDENCE A LOAN FROM THE INDUSTRIAL DEVELOPMENT FUND OF THE STATE OF INDIANA RELATING TO THE ROBERT BOSCH CORPORATION RETENTION PROJECT, CITY OF SOUTH BEND, INDIANA, REVENUE BONDS, SERIES 2001E This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and the Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 24, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 91 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS DERIVED FROM THE ISSUANCE OF BONDS HERETOFORE AUTHORIZED TO BE ISSUED AND DESIGNATED AS "CITY OF SOUTH BEND, INDIANA, REVENUE BONDS, SERIES 2001E," FOR THE PURPOSE OF FINANCING THE COSTS OF REHABILITATION OF PROPERTY IN CONNECTION WITH THE ROBERT BOSCH CORPORATION RETENTION PROJECT, TOGETHER WITH EXPENSES INCIDENTAL THERETO, INCLUDING — EXPENSES IN CONNECTION WITH THE ISSUANCE OF THE BOND This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and the Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 24, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 92 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ISSUANCE AND SALE OF BONDS FOR THE PURPOSE OF REFUNDING OUTSTANDING CITY OF SOUTH BEND, INDIANA SEWAGE WORKS REFUNDING REVENUE BONDS OF 1993; AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This bill had first reading. Councilmember White made a motion to refer this bill to the Personnel and Finance Committee and the Utilities Committee and set it for Public Hearing and Third Reading on September 24, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of six (6) ayes. UNFINISHED BUSINESS WITHDRAWAL OF BILL NO. 73 -01 - REZONING - 505 SOUTH LOGAN STREET Council President Pfeifer noted that Bill No. 73 -01 has been withdrawn. 27 REGULAR MEETING SEPTEMBER 10, 2001 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 speak to the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:35 p.m. ATTEST: ATTEST: C' r oretta J. D d , City Clerk Charlotte Pfeifer, PreAdeWt 1 1