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HomeMy WebLinkAbout09-24-01 Council Meeting MinutesREGULAR MEETING SEPTEMBER 24, 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 24, 2001, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Uj dak Sean Coleman Al "Buddy" Kirsits Karen L. White Absent: None 1St District Vice - President 2nd District President 3rd District 4th District 5th District 6th District Chairperson, Committee of the Whole At -Large At -Large At -Large REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the September 10, 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 September 10, 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 7:05 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Uj dak presiding. (NOTE: BILL NOS. 76 -01, 77 -01, AND 78 -01 COUNCIL PORTION ONLY) 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 -1- REGULAR MEETING SEPTEMBER 24, 2001 BILL NO. 77 -01 PUBLIC HEARING; ON A BELL 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, INCLUDING AL .: OUTSTANTDING CLAIMS AND OBLIGATIONS, AND FIXING A. TIME WHEN THE SAME SHALL T -kKE EFFECT BILL NO. 78 -01 PUBLIC HEARING ON A BIL;I. 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 JANUTARY 1., 2002, AND ENDING DECEMBER 31, 2002, INCLUDING ALL OUTSTANDING CLLAIMS ANI) OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Aranowski reported that the Personnel and Finance Committee met this afternoon and sends these bills to the Councii with favorable recommendations. Councilmember Ujdak noted that these bills relate to the City's budget for 2002. He also noted that the Public Hearing was held on September 10, 2001. At this time, the bills are being considered in the Council portion of the meeting only. ,.- ouncihxiember. Aranowski thanked Mayor Luecke as well as department staff for their work on the budget and attendance at numerous meetings. He also thanked Mr. Tom Skarbek for his work during this budget process. Cottricilmember King made a motion to send Bill No. 76 -01 to the full Council with a favorable recommendation. Councilmember Coleman seconded the motion which carried by a, voice vote of nine (9) ayes, Additionally, Councilmember Colen)an made a motion to send Bill iNo. 77 -01 to the full Council with a favorable recommendation. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Finally, Councilmember Coleman ruade a motion to send Bill No. -/ 8 -01. to the full Council with a favorable recommendation. Councilmember Aranowski seconded the motion which carried by a vice vote of nine (9) ayes. BILL NO. 79 -01 PUBLIC HEARING ON A BILL FIXING MAXIMI JM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2002 Councilmember Kelly made a niotion to consider the substitute version of this Dili as submitted. Councilmember Coleru. n seconded the motion which carried by a voice vote of nine (9) ayes. e f.. 1 1 REGULAR MEETING SEPTEMBER 24, 2001 Councilmember Aranowski reported that the Personnel and Finance Committee met. this afternoon and sends this bill to the Council with a favorable recommendation as substituted. Mayor Stephen J. Luecke, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. - Mayor Luecke noted that this is the fourth and final part of the budget process that sets the salaries for appointed officers and non - bargaining employees. He further noted that the bill reflects a four per cent (4 %) increase with the exception of a few positions. The substitute bill also contains changes involving the positions of the Executive Director of the Morris Performing Arts Center, a title position change for the Manager of Media Services and the creation of a new position in the Legal Department for a Paralegal. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no-one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 74 -01 PUBLIC HEARING 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, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; NORTH OLIVE 2, 52680 AND 52720 NORTH OLIVE ROAD Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Bob Case, Economic Development Specialist, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Case advised that he represents both of the property owners on Olive Road. He noted that the City is working with residential land owners in the Blackthorn area who are totally surrounded by light industrial type uses in trying to help them find a new place to live. 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 White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 61 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 1534 WEST SAMPLE, IN THE CITY OF SOUTH BEND, INDIANA -3- REGULAR MEETING SEPTEMBER 24, 2001 Councilmember Ujdak advised that the Council has just received a letter from the Petitioner asking that this bill be withdrawn from consideration. Therefore, Councilmember Coleman made a motion to strike this bill from the agenda. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 85 -01 PUBLIC HEARING 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 I IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Gerri Mezas, 1803 Rockne Drive, South Bend, Indiana, made the presentation for this bill. Ms. Mezas advised that her property is located on the corner of Campeau Street and Rockne Drive and she has requested this vacation to build a two (2) car garage off of Campeau Street because of the inability to get in and out safely on Rockne Drive. She noted that she has an old tree that she is trying to save and therefore she needs this extra land for the construction of the garage. 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. BILL NO. 86 -01 PUBLIC HEARING 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 BILL NO. 87 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS (TOGETHER WITH INVESTMENT EARNINGS THEREON) DERIVED FROM THE ISSUANCE OF BONDS HERETOFORE AUTHORIZED TO BE ISSUED AND DESIGNATED AS In REGULAR MEETING SEPTEMBER 24, 2001 "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 BOND Councilmember Coleman made a motion to combine Bill Nos. 86 -01 and 87 -01 for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White made a motion to consider the substitute version of Bill No. 86 -01 as submitted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly reported that the Community and Economic Development Committee and the Personnel and Finance Committee met on these bills and recommends them to the Council favorably with Bill No. 86 -01 as substituted. Mr. Bob Case, Economic Development Specialist, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for these bills. Mr. Case advised that these bills relate to a retention package for The Robert Bosch Corporation. - He noted that several years ago The Robert Bosch Corporation approached the City and was contemplating moving out of state. The State of Indiana, City of South Bend and St. Joseph County were able to put together a package to save four hundred thirty -five (435) jobs with an annual payroll of $27 million. This bill is for a BDC Loan in the amount of five hundred ten thousand dollars ($510,000.00) for twenty (20) years. This being the time heretofore set for the Public Hearing on the above bills, 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 these bills, Councilmember Coleman made a motion for favorable recommendation to full Council concerning Bill No. 86 -011 as substituted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion for favorable recommendation to full Council concerning Bill No. 87 -01. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 88 -01 PUBLIC HEARING 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 BILL NO. 89 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS DERIVED FROM THE ISSUANCE OF BONDS HERETOFORE -5- REGULAR MEETING SEPTEMBER 24, 2001 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 Councilmember Aranowski made a motion to combine Bill Nos. 88 -01 and 89 -01 for purposes of Public Hearing. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Coleman made a motion to consider the substitute version of Bill No. 88 -01 as submitted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly reported that the Community and Economic Development Committee and the Personnel and Finance Committee met on these bills and recommends them to the Council favorably. Mr. Bob Case, Economic Development Specialist, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for these bills. Mr. Case stated that these bills have the same explanation as the previous bills and are for five hundred ten thousand dollars ($510,000.00) which will be amortized over twenty (20) years. This being the time heretofore set for the Public Hearing on the above bills, 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 these bills, Councilmember Coleman made a motion for favorable recommendation to full Council concerning Bill No. 88 -011 as substituted. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion for favorable recommendation to full Council concerning Bill No. 89 -01. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 90 -01 PUBLIC HEARING 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 DEVELOPMENT FUND OF THE STATE OF INDIANA RELATING TO THE ROBERT BOSCH CORPORATION RETENTION PROJECT, CITY OF SOUTH BEND, INDIANA, REVENUE BONDS, SERIES 2001E BILL NO. 91 -01 PUBLIC HEARING 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 2000E," FOR THE PURPOSE OF FINANCING Ell 1 1 1 REGULAR MEETING SEPTEMBER 24, 2001 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 Councilmember White made a motion to combine Bill Nos. 90 -01 and 91 -01 for purposes of Public Hearing. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly made a motion to consider the substitute version of Bill No. 90 -01 as submitted. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly reported that the Community and Economic Development Committee and Personnel and Finance Committee met on these bills and recommends them to the Council favorably. Mr. Bob Case, Economic Development Specialist, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for these bills. Mr. Case stated that this bill is for $1 million, amortized over fifteen (15) years, from the Industrial Development Loan Fund, for The Robert Bosch Retention and Expansion package. He noted that the City has been working with Bosch for some time and is happy that they decided to stay in South Bend. Councilmember King asked Mr. Case to comment on the fact that as part of the overall Bosch Project, Bosch has received from the Indiana Environmental Remediation Revolving Loan Fund a $1 million dollar loan, which they will be paying back, to use to do environmental clean up. Mr. Case stated that The Robert Bosch Corporation has applied for a $1.3 million dollar loan from the Indiana Development Finance Authority Brownfield Loan Fund for environmental clean up of the existing facility. He noted that Honeywell is also part of the state voluntary remediation program in order to clean up the entire area. He further noted that the $1.3 million dollars will be used on the interior of the building to clean up hazardous materials. Councilmember King stated that the $1.3 million dollars is a loan to be paid back to the Environmental Remediation Revolving Loan Fund and is not a grant. This being the time heretofore set for the Public Hearing on the above bills, 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 these bills, Councilmember Coleman made a motion for favorable recommendation to full Council concerning Bill No. 90 -01, as substituted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Kelly made a motion for favorable recommendation to full Council concerning Bill No. 91 -01. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 92 -01 PUBLIC HEARING 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 -7- REGULAR MEETING SEPTEMBER 24, 2001 APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO Councilmember Al `Buddy" Kirsits reported that the Utilities Committee and the Personnel and Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John J. Dillon, Director, Division of Environmental Services, 3113 Riverside Drive, South Bend, Indiana, made the presentation for this bill. Mr. Dillon stated that this ordinance gives them the authority to refinance the 1993 Sewage Works Bonds. He noted that by refinancing, their financial consultants anticipate a savings of almost two hundred thousand dollars ($200,000.00) over the course of the remaining seven (7) or eight (8) years of this bond issue. 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 Varner 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 Kelly seconded the motion which carried by a voice vote of nine (9) ayes. T: ATTEST: k:l Loretta J. a, C y C 1'el k Andrew Jdak, C Committee of the 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 7:25 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9259 -01 AN ORDINANCE 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 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 nine (9) ayes. Ell REGULAR MEETING SEPTEMBER 24, 2001 ORDINANCE NO. 9260 -01 AN ORDINANCE 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, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9261 -01 AN ORDINANCE 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 This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember - Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9262 -01 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2002 This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9263 -01 AN ORDINANCE 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 I IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA N REGULAR MEETING SEPTEMBER 24, 2001 This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9264 -01 AN ORDINANCE 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 third reading. Councilmember Uj dak made a motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Kelly made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9265 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS (TOGETHER WITH INVESTMENT EARNINGS THEREON) DERIVED FROM 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 BOND This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9266 -01 AN ORDINANCE 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 third reading. Councilmember Varner made a motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. -10- REGULAR MEETING SEPTEMBER 24, 2001 Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9267 -01 AN ORDINANCE 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 third reading. Councilmember Varner made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9268 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, 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 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 nine (9) 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 nine (9) ayes. ORDINANCE NO. 9269 -01 AN ORDINANCE 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 third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. -11- REGULAR MEETING SEPTEMBER 24, 2001 ORDINANCE NO. 9270 -01 AN ORDINANCE 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 third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS: RESOLUTION NO. 3034 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (NORTH OLIVE 2 ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all property owners (100 %) which proposes the annexation of certain real estate located in German Township, St. Joseph County, Indiana, which is described more particularly at Section I of this Ordinance and also in the Fiscal Plan at Table I, page 12, attached hereto and incorporated herein; and WHEREAS, the territory proposed to be annexed encompasses approximately 1.47 acres of land containing two (2) lots with a residence on each lot, which property is at least 12.1 % contiguous to the current City limits, i.e., approximately 80.8% contiguous, generally located on the east side of Olive Road, approximately 1, 300 feet North of Cleveland Road. The annexation territory is proposed for future development by the South Bend Redevelopment Commission, and will require a basic level of municipal public services of a non - capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, and services of a capital improvement nature, including street and road construction, a street lighting system, a storm water system, a sanitary sewer system, and a water distribution system; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection, and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including a sewer collection system, a water distribution system, and a street lighting system; (2) the method (s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of -12- REGULAR MEETING SEPTEMBER 24, 2001 other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: A parcel of land being in the South West Quarter of Section 19, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, described as follows: Commencing at the South West corner of Lot "D" of Olive Road Commerce Park Second Replat Subdivision; then North along the West line of Lot "D" of said Subdivision approximately 100 feet to a point being the South East corner of a parcel identified as Tax Key Number 04 -1011- 0187.02, being the point ofbeginning; thence North along the West line of Lot "D" of said Subdivision approximately 320 feet to a point being the North East corner of a parcel identified as Tax Key Number 04- 1011 - 187.03; thence West and parallel to the One half Section Line of Section 19, - Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, approximately 200 feet to a point being East right -of -way line of Olive Road; thence South along said East right -of -way line approximately 320 feet to a point being the South West corner of a parcel identified as Tax Key Number 04 -1011- 0187.02; thence East along the South line of said parcel approximately 200 feet to the point of beginning. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non - capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as a sanitary sewer system, a water distribution system, street and road construction, and a street lighting system, within four (4) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt the fiscal plan described in Exhibit "A", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which fiscal plan provides among other things, that existing water and sewer mains are sufficient to service this area, that existing streets will appropriately provide for public access, and that adequate street lights were installed under a previous annexation within the Olive Road area. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member, South Bend Common Council -13- REGULAR MEETING SEPTEMBER 24, 2001 Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. George Adler, Division of Community Development, Community and Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Adler advised that this is a voluntary annexation of two (2) lots on the east side of North Olive Road about thirteen hundred (1,300) feet north of Cleveland Road. Requests for services reports were sent to all City departments and they responded that they would be able to provide services to the site within a year of the annexation. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3035 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 WEST TUCKER DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO. INC. RESOLUTION NO. 3036 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 WEST TUCKER DRIVE, SOUTH BEND, INDIANA TO BE 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. Councilmember Coleman made a motion that Bill No. 01 -76 (Resolution No. 3035 -01) and Bill No. 0 1 -77 (Resolution No. 303 6-0 1) be combined for purposes ofPublic Hearing. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3035 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 WEST TUCKER DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO. INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas -14- 1 1 REGULAR MEETING SEPTEMBER 24, 2001 for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2722 West 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 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 ( %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 parallef 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 - Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the -15- REGULAR MEETING SEPTEMBER 24, 2001 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 915); 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) 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, 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 -16- 1 1 1 REGULAR MEETING SEPTEMBER 24, 2001 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 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 Hal 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. -17- REGULAR MEETING SEPTEMBER 24, 2001 and which have Key Nos. 18-8075-2838,18-8075-2839,18-8075-2843,18-8075-284403,18-8075- 284404 18- 8075- 284406 18- 8075- 84501, 18- 8075- 284502, 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 -12.1 et. seg. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council RESOLUTION NO. 3036 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 WEST TUCKER DRIVE, SOUTH BEND, INDIANA TO BE 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, 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 2722 West 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: Apart of the South % 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: REGULAR MEETING SEPTEMBER 24, 2001 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 ( %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 - 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 915); 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 -19- REGULAR MEETING SEPTEMBER 24, 2001 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 (37) 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 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- -20- 1 r 1 REGULAR MEETING of -way of the New York Central Railroad Company. SEPTEMBER 24, 2001 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 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 Hal 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 Nos. 18- 8075- 2838,18- 8075- 2839,18- 8075- 2843,18- 8075- 284403,18 -8075- 284404, 18- 8075- 284406, 18- 8075- 84501, 18- 8075- 284502, 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 -21- REGULAR MEETING SEPTEMBER 24, 2001 WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of south Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council 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 relate to both real property and personal property and involve a project that would include the acquisition of new equipment and a building to house the equipment estimated between $2.5 million and $5.6 million dollars in total investment. The project will allow for a new product line and help secure some of the product lines that they have now. Mr. Lerman further stated that it is estimated that ten (10) full time employees will be added at the start with more added if the project is successful. 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 these Resolutions, Councilmember Coleman made a motion to adopt Bill No. 01 -76 (Resolution No. 3035 -01). Councilmember Varner seconded the motion which carried and this Resolution was adopted by a roll call vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to adopt Bill No. 01 -77 (Resolution No. 3036 -01). Councilmember White seconded the motion which carried and this Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3037 -01 A RESOLUTION OF THE COMMON COUNCIL AND THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING THE CITY'S SUPPORT TO PROJECT FUTURE IN CALENDAR YEARS 2002 THROUGH 2006 WHEREAS, the Mayor and the Common Council of the City of South Bend, Indiana, acknowledge that for the past eighteen (18) years Project Future has promoted South Bend, Mishawaka and St. Joseph County for economic development purposes; and WHEREAS, over this period of time, Project Future has assisted in numerous major -22- Lj C 1 REGULAR MEETING SEPTEMBER 24, 2001 economic development projects in our community which have generated well over a billion dollars of investment and created thousands of new full -time jobs; and WHEREAS, Project Future plans to continue to conduct an area -wide economic development program which will attract new businesses and foster the expansion of existing businesses and related development; and WHEREAS, Project Future has requested from the City of South Bend, the City of Mishawaka, and St. Joseph County, respectively, a five (5) year commitment to assist in the funding of its economic development programs and its educational initiatives. NOW, THEREFORE, BE IT RESOLVED by the Common Council and the Mayor of the City of South Bend, Indiana, as follows: Section I. The City of South Bend, Indiana, pledges its support to Project Future in jointly working together to attract new businesses and jobs and to revitalize existing businesses in our community. Section II. Project Future has requested a five (5) year commitment from the City of South Bend of $110,000 in 2002, $110,000 in 2003, $110,000 in 2004, $110,000 in 2005 and $110,000 in 2006. Section III. The City of South Bend makes a total commitment of $550,000 to Project Future for calendar years 2002 through 2006, contingent upon the fiscal condition of the City in each of the five (5) designated years, and makes this commitment further subject to the annual budget review and approval process related thereto and a submission of periodic accounting reports to the City Clerk by Project Future. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Council Member James Aranowski s /Council President Charlotte Pfeifer s /Council Member Roland Kelly s /Council Member Karl King s /Council Member David Varner Attest: s /Loretta J. Duda, City Clerk s /Council Member Andrew Ujdak s /Council Member Sean Coleman s /Council Member Al `Buddy" Kirsits s /Council Member Karen L. White s/Mayor Stephen J. Luecke Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation along with a proposed amendment. Councilmember Roland Kelly, 1325 East Wayne Street South, South Bend, Indiana, representing the 31d District, made the presentation for this Resolution. Councilmember Kelly stated that Project Future has been an important economic development tool in St. Joseph County and he urged unanimous support of this Resolution. Councilmember Kelly read the Resolution in its entirety incorporating one amendment. Council Attorney Kathleen Cekanski- Farrand noted that the following language has been added to the end of Section III: and a submission of periodic accounting reports to the City Clerk by Project Future. -23- REGULAR MEETING SEPTEMBER 24, 2001 Councilmember King made a motion to accept this amendment as presented. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. 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 as amended. Councilmember Aranowski seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 93 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 37 OF THE SOUTH BEND MUNICIPAL CODE, TO AMEND CERTAIN PROVISIONS OF THE EXISTING PROPERTY MAINTENANCE CODE AND TO PROVIDE FOR DIRECTION FROM THE BOARD OF PUBLIC WORKS 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 October 8, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS: REPORTS FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of recommendations from the Area Plan Commission of St. Joseph County, for the following ordinances based on their Public Hearing held on September 18, 2001: BILL NO. 59 -01 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 LA FREE) (17,000 BLOCK OF DOUGLAS ROAD SOUTH BEND, INDIANA, 46635) PHASE II BILL NO. 84 -01 A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 110 SOUTH HILL STREET, 109 SOUTH ST. LOUIS STREET AND 616 EAST WASHINGTON STREET ALL IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer these bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on October 8, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. -24- REGULAR MEETING NEW BUSINESS: SEPTEMBER 24, 2001 THANK YOU TO MAYOR LUECKE FOR EXCELLENT LEADERSHIP Council President Pfeifer thanked the Mayor for his excellent leadership in the aftermath of what happened in New York by pulling the City together. She noted that there were various vigils and support was well received. President Pfeifer also thanked all members of the Council as well as members of the community for their participation. CONCERNS REGARDING NEW TICKET SALES ORDINANCE Councilmember Varner stated that there appears to be some misunderstandings about the ordinance that was recently passed concerning the resale of tickets. He stated that he wanted to make sure that all the parties involved, including the Council, the City Attorney and the University of Notre Dame, have a clear understanding of the intent of the ordinance and what the actions will be. He noted that it appears to be rather confusing at the moment and believes that the ordinance will work best if everyone has an understanding of what actually transpired and it will help all of the parties if an arrangement can be reached. PRIVILEGE OF THE FLOOR: COMMENTS CONCERNING OLD NUNER SCHOOL Ms. Janet Maciulski, 1117 South 31St Street, South Bend, Indiana, addressed the Council concerning the old Nuner School. Ms. Maciulski outlined the history of the attempt to save the old Nuner School which started five (5) years ago and of which she was a part. COMMENTS FROM THE PRESIDENT OF FIREFIGHTERS LOCAL 9362 Mr. Leon Stein, President, Firefighters Local #362, 1122 South Main Street, South Bend, Indiana, inquired if the Council had a reply to his letter of August 27t' to which Council President Pfeifer replied yes. He informed the Council that at this time he would like to strike the fourth paragraph of that letter. Mr. Stein submitted to the Council a cop; of the 2001 Pension Base rankings for firefighters which indicates that the City of South Bend has moved up in the rankings. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:00 p.m. ATTEST: Lorett. da, C/ y Cler -25- ATTEST: Charlotte Pfeifer, Presi nN