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HomeMy WebLinkAbout11-27-00 Council Meeting MinutesREGULAR MEETING NOVEMBER 27.2000 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, November 27, 2000, 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 Roland Kelly Karl King David Varner Andrew Uj dak Sean Coleman Al `Buddy" Kirsits Karen L. White Absent: James Aranowski 2nd District President 3rd District 4th District 5th District 6th District Chairperson, Committee of the Whole At -Large At -Large At -Large 1St District Vice - President 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 November 13, 2000 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 November 13, 2000 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS President Pfeifer announced that barring any unforeseen circumstances, the Common Council will conduct only one (1) meeting during the month of December to be held on Monday, December 11, 2000. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:02 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Chairman Ujdak presiding. BILL NO. 99 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 10 FOOT WIDE ALLEY LYING NORTH OF, AND ADJACENT TO LOT 1, THE 10 FOOT WIDE ALLEY LYING SOUTH OF, AND ADJACENT TO LOT 47 AND THE 12 FOOT WIDE ALLEY LYING EAST OF, AND ADJACENT TO LOTS 1 THROUGH 5 INCLUSIVE ALL WITHIN AND A PART OF HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion that this bill be continued until the December 11, 2000 meeting of the Council. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING NOVEMBER 27, 2000 BILL NO. 102 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS ECLIPSE PLACE FROM THE NORTH R/W OF HAMILTON STREET FOR A DISTANCE OF 739.2 FEET AND A WIDTH OF 30 FEET. PART OF VERNON HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA; THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY WEST OF KALEY STREET FROM THE NORTH R/W OF MARQUETTE BLVD. TO THE SOUTH R/W OF HAMILTON STREET FOR A DISTANCE OF 739.2 FEET AND A WIDTH OF 14 FEET. PART OF VERNON HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Coleman made a motion that this bill be continued until the January 8, 2001 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 106 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY NORTH OF FISHER STREET FROM THE WEST R/W LINE OF WEBSTER STREET TO THE WEST LOT LINE OF LOT 18, PECK'S 2ND SUBDIVISION OF PART BANK OUTLOTS 01 AND 02 FOR A DISTANCE OF 210 FEET. BEING A PART OF SAID PECK'S 2ND SUBDIVISION 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 without a recommendation because amendments were going to be offered to this bill. He additionally noted that the Board of Public Works submitted an unfavorable recommendation to the Council concerning this vacation petition. Council Attorney Kathleen Cekanski - Farrand read the following proposed amendment to this bill: Add to end of current Section IV the following language: This ordinance shall be subject to the Petitioner providing an ingress /egress Easement to the City of South Bend to permit the Division of Solid Waste to have access for trash pick -up. Access through any gated areas installed by the Petitioner shall be permitted with such access for City utility purposes not being unreasonably withheld by the Petitioner. All such conditions shall be completed within thirty (30) days from the date of passage with copies of all Agreements being filed with the Office of the City Clerk. Councilmember Coleman made a motion to accept the amendments as proposed. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. Mr. Paul Fujawa, 1121 West Grace Street, South Bend, Indiana, made the presentation for this bill on behalfofthe Petitioner, Father Thomas Lemos, C.S.C., Pastor, St. Casimir Catholic Church, 1308 West Dunham Street, South Bend, Indiana. Mr. Fujawa informed the Council that the alley in question runs parallel to Fisher and Dunham Streets. The east end of this alley was blocked almost seventy -five (75) years ago when St. REGULAR MEETING NOVEMBER 27.2000 Casimir's Church was built and this created a dead -end alley. However, the legal paperwork was never completed. Since that time, traffic has used church property to enter and exit the east end of the blocked alley. At this time the church would like to close the usage of church property to the public because of safety concerns including the fact that there is now a Head Start Program in the school building. Mr. Fuj awa noted that in discussions at the committee meeting this afternoon they agreed that they would allow the installation of a gate which would be installed at the end of the vacation of the alley. The gate would be keyed so that trash trucks and utilities would be able to use the alley but others would not. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Sharon Czarnacki, 827 South Walnut Street, South Bend, Indiana, informed the Council that she is aware of the problem that has been going on at St. Casimir's. She also noted that she lives on an alley that is used as a thoroughfare and people speed through this area. She noted that over the years the parish community has gotten to be elderly and the use of the alley as a thoroughfare has made it become a very hazardous situation. She further noted that the church has experienced other problems such as having to fix the alley, remove snow and handle large trucks that are using the alley and not paying attention to what is around. Ms. Czarnacki reiterated Mr. Fuj awa's comments that the school building is being used for a Head Start Program and it would be a safety precaution to close the alley. -Ms. Czarnacki noted that there have been some accidents where parish property was damaged and she therefore asked that the Council allow the parish to close the alley. Mr. Gary Gilot, Director, Department of Public Works, 13`'' Floor, County -City Building, South Bend, Indiana, stated for the record, that with the amendment as proposed, the Engineering Division, the Public Works Department and the Board of Public Works would support this administrative remedy for the church while taking care of the need for access to the alley for sanitation and 'public and private utility access. There being no one else present wishing to speak to the Council in favor of this bill and no one present wishing to speak in opposition to this bill, Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill as amended. Councilmember King seconded the motion which carried by a "voice vote of eight (8) ayes. BILL NO. 10* 7 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MAKING TECHNICAL CHANGES TO ORDINANCE NO. 9127 -00 ADDRESSING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2001, 2002, 2003 AND 2004 Councilmember Varner advised that the Personnel and Finance Committee met on this bill this afternoon and sends it to the Council with a favorable recommendation. Ms. Kathleen Cekanski- Farrand, Common Council Attorney and Member of the City's Negotiating Team, made the presentation for this bill. Ms. Cekanski- Farrand advised that this bill is a housekeeping measure which makes three (3) changes to the ordinance that was passed in August which established salaries and monetary fringe benefits for members of the South Bend Fire Department for calendar years 2001 through 2004. This bill makes a technical change to the definitions by deleting one sentence which reads "Rank does not mean salary classification." It also clarifies the section entitled Working Out of Classification, by deleting the word "employee" and inserting the word "AEMT." Finally, it incorporates a new Section VI which addresses the pay for Safety Officers which would retain the three thousand dollar ($3,000.00) amount which each of the Safety Officers currently receives. Draft copies of this proposal were given to Wage Committee members, two (2) members of Local 362 and REGULAR MEETING NOVEMBER 27, 2000 ongoing discussions were held with members of the Fire administration. Therefore, it is recommended that this technical change ordinance be acted on favorably. 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. At this time, Councilmember Kirsits announced that he would be recusing himself from voting on his matter as he is an employee of the Fire Department and his mother receives a widow's pension. The motion carried by a voice vote of seven (7) ayes with Councilmember Kirsits recusing himself at this time. BILL NO. 108 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 6, SECTION 17.49 OF THE MUNICIPAL CODE TO INCREASE WATER SERVICE FUND CHARGES Councilmember Coleman made a motion to continue this bill until the December 11, 2000 meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. -- BILL NO. 109 -00 PUBLIC HEARING ON A BILL APPROPRIATING $3,796,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2001, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Ms. Elizabeth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill will appropriate funds for the Community Development Block Grant Program that has been going on for about twenty -five (25) years in the community. She noted that there was a thirty (30) day public comment period that was held in October and this is the final result. 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 eight (8) ayes. REGULAR MEETING NOVEIMIBE 127, 2000 BILL NO. 110 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $18,000 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND NUMBER 416) Councilmember Coleman "reported that the Parks and Recreation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Dennis J. Andres, Executive Director, Morris Performing Arts Center, 211 North Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Andres asked the Council for their support of this ordinance that will appropriate eighteen thousand dollars ($18,000.00) within the Morris Performing Arts Center Improvement Fund (Fund #416) to purchase equipment that will pfovide for better service to patrons of the Morris. The items to be purchased include box office equipment, a wheelchair and office furniture. 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 r "ecommendatian to full Council concerning this bill. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 111 -00 PUBLIC HEARING ON A BILL TRANSFERRING $486,805 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this bill to the Council favorably. Ms. Elizabeth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard stated that this bill is a companion'to the above referenced bill. This bill takes monies from projects that did not spend it and allocates it to different projects in the year 2001. 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 Kelly inade a motion for favorable recommendation to full Council concerning this bill. Councilineniber Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 112 -00 PUBLIC HEARING ON A BILL APPROPRIATING $601;580 WITHIN FUND 212 FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this bill to the Council favorably. [I R L �1 REGULAR MEETING NOVEMBER 27, 2000 Ms. Elizabeth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill allocates funds to the department's actual administration budget. -- It is the same budget that was presented to the Council in September and this bill is the allocation of those dollars which come from staff contracts and fees. 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 eight (8) ayes. BILL NO. 113 -00 PUBLIC HEARING ON A BILL APPROPRIATING $52,624 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENTS'S ADMINISTRATIVE BUDGET Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this bill to the Council favorably. Ms. Elizabeth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill is part of the department's administrative budget that is also in the same amounts that were presented to the Council in September. This bill allocates the funds from one particular fund. 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 eight (8) ayes. BILL NO. 114 -00 PUBLIC HEARING ON A BILL APPROPRIATING $130,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SUPPORT TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR PROGRAM YEAR 2001 BEGINNING JANUARY 1, 2001 Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this bill to the Council favorably. Ms. Elizabeth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard stated that this bill allocates additional funds for the department's administrative budget that was part of the Council presentation in September. REGULAR MEETING NOVEMBER 27, 2000 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, Councilmeinber Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 115 -00 PUBLIC HEARING, ON A BILL APPROPRIATING $35,382 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S AREA REVITALIZATION EFFORT Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this bill to the Council favorably. Mr. Andy Laurent, Economic Development Specialist, Economic Development Division, 12 "'Floor, County -City Building, South Bend,- Indiana,'made the presentation for this bill. Mr. Laurent indicated at this bill will award grant funds received through the Indiana Development Finance Authority's Brownfields Site Assessment Grant Program to conduct site assessment work at the property at 1408- Elwood Avenue in the Omniplex facility also known as the old Drewery's Brewery. This will fund sampling and testing work but not remedation. 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, Councilmeznber Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilinember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 116 -00 PUBLIC HEARING' ON A BILL APPROPRIATING - $127,000 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM Councilmember Kelly reported that the Community' and Economic Development Committee met on this bill and recommends this bill to the Council favorably. Ms. Elizabeth Leonard, Director, Financial and Program Management, Community &Economic Development,1200'County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard notetlthat this -bill is a compliment to the Community Development Block Grant bills that were on the agenda today and is also part of a thirty (30) day public comment period. She further noted that these funds are specifically for emergency shelter type programs. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given ail 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, Councilnember Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING NOVEMBER 27.2000 BILL NO. 117 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $150,000 FROM THE SELF - INSURANCE FUND (FUND NO. 226) Councilmember Varner reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Broden, City Attorney, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Broden informed the Council that the self - insurance fund has saved the City millions of dollars. However, this has been a year when unfortunately the City has not been able to meet their budget and in October additional funding was sought by the Council. At this time he is again asking for an additional appropriation of one hundred fifty thousand dollars ($150,000.00). Mr. Broden noted that the City has one settlement in the amount of ninety -five thousand dollars ($95,000.00). The remainder of this appropriation will be used as a cushion in the event there are additional settlements before the end of the year. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember 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 eight (8) ayes. BILL NO. 118 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,000.00 FROM THE HAZ -MAT FUND (FUND #289) Councilmember Varner advised that the Personnel and Finance Committee and the Health and Public Safety Committee met on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Jim Lopez, Chief, Special Operations, South Bend Fire Department, 701 West Sample Street, South Bend, Indiana, made the presentation for this bill. Chief Lopez advised that the Department has received a grant of five thousand dollars ($5,000.00) from the Local Emergency Plan Commission and they would like to use these funds to purchase a set of air bags and an air monitor for the Haz -mat truck. 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 King made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion. Councilmember Kirsits advised that he is an employee of the Fire Department but would not have a conflict of interest in this matter and therefore he will vote on this matter. The motion carried by a voice vote of eight (8) ayes. REGULAR MEETING NOVEMBER 27, 2000 BILL NO. 119 -00 PUBLIC HEARING ON A BILL OP THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $3,807.00 FROM THE EMS FUND (FUND NO. 289) Councilmember Varner advised that the Personnel and Finance Committee and the Health and Public Safety Committeemet on this bill this afternoon and sends it to the Council with a favorable recommendation. Assistant Fire Chief Randy Magdalinski, 1206 East Ewing Street, South Bend, Indiana, made the presentation for this bill. Chief Magdalinski noted that this money was a donation that they received from Mr. Doug Johnson in honor of his mother, Theresa Molnar Johnson, who did not survive a heart attack. The dollar amount that was given was her birth date 3-8-67. This money will be spent out of the EMS fund to purchase pulse oximeters to be put on the first responder rigs. He noted that these rigs currently do I ot have nor do they carry this type of equipment. 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 eight (8) ayes. BILL NO. 123 -00 PUBLIC 3IEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $192,500 FROMTHE WATERWORKS OPERATIONAL FUND ( #620) FOR THE PURPOSE OF TRANSFERRING THESE FUNDS TO THE WATER LEAK INSURANCE FUND ( #644) Councilniember Al `Buddy" Kirsits reported that the Utilities Committee met on this bill and sends it to the Council with a favorable recoiniimedation. Mr. Gary Gilot, Director, Department of Public Works, 1300 County -city Building, South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that this bill transfers funds from the water operations fund to the leak insurance fund. He noted that the City has put some moth ball facilities back on line which have changed the pumping and distribution and pressure zones within the water network which may have exacerbated their experience'tliis year 6—h water leaks on service lines. Therefore, it is thought that the utility should bear some of this unusual cost experience in the y ear 2000 in the amount of one hundred ninety -two thousand five hundred dollars ($192,500.00). This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kirsits made a motion for favorable recommendation to full Council concerning this bill. Councilmeinber Coleman seconded the motion which carried by a voice vote of eight (8) ayes. 1 1 1 REGULAR MEETING NOVEMBER 27.2000 BILL NO. 124 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $300,000 FROM THE WATER LEAK INSURANCE FUND ( #644) FOR THE PURPOSE OF - FUNDING UNANTICIPATED PRIVATE WATER LEAK REPAIRS Councilmember Al "Buddy" Kirsits reported that the Utilities Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Gary Gilot, Director, Department of Public Works, 1300 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Gilot stated that this bill requests an appropriation in the amount of three hundred thousand dollars ($300,000.00) so they can pay the bills they have incurred during this record setting year for leak insurance claims on service lines. 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 Kirsits made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 125 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND PROVIDE UTILITY SERVICES AND TO ALLOCATE COSTS TO AN AREA RECENTLY ANNEXED WITHIN THE MUNICIPAL CITY LIMITS AND TO AN AREA OUTSIDE THE CITY LIMITS, BOTH LOCATED BETWEEN U.S. 31 SOUTH AND MAIN STREET IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Councilmember Al `Buddy" Kirsits reported that the Utilities Committee met on this bill and sends the second substitute version of this bill to the Council with a favorable recommendation. Councilmember Coleman made motion to hear the second substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Mr. Gary Gilot, Director, Department of Public Works, 1300 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Gilot stated that this ordinance is to provide water and sewer service to an annexation area south of South Bend and will also make service available to some properties that are currently outside the corporate limits. They have planned these utilities to meet full development on the south side and so the cost associated with additional depth and additional sizing of these utilities will be born by all of the rate payers in the interest of good planning for future development. The cost per linear foot was based on the average of the Reasor Street and Huey and Hamilton water and sewer extension s that the council recently approved. In those instances, the unit price was negotiated downward so that they are only paying the equivalent cost of an eight (8) inch line at a reasonable depth for a residential subdivision. In addition to only having to pay the portion of reimbursement of the cost of extension of these utilities there is no requirement that they immediately hook up and make use of this service. They only have to pay at such time in the future when they choose to hook up. There is a ten per cent (10 %) discount for a lump sum payment and there is the opportunity of a sixty (60) month time payment plan with zero per cent (0 %) interest rate. There are differential rates for inside the City limits versus outside the City limits to reflect the ownership position of shareholders of the REGULAR MEETING NOVEMBER 27, 2000 corporation of the City of South Bend iii the form of those who live within the City limits. This being the time heretofore set for. the Public Hearing on the above bill, proponents an opponents were given an opportunity to e heard. Mr. James LaFree, St. Joseph Farm Bureau President, 1$590 Madison Road, South Bend, Indiana, advised that presently at the Farm Bureau office they do have a City 'sewer but do not have City water. He inquired about a contract, which he has in which they paid twenty -five thousand dollars ($25,000.00) to get the sewer to that location. He noted that they were in the County at that time but are now in the City and wondered if they were still going to get their reimbursement if anyone ties onto that sewer. According to his contract they have fifteen (11 5) years. Mr. LaFree read a portion of the contract which was written in 1992 and asked if this contract still stands. Councilmember Ujdak asked Mr. Gilot to comri ent on Mr. LaFree's concerns. Mr. Gilot stated that he is not familiar with the details of this particular agreement but he can state for the record that the City. will honor'tlie term`s of any `reiinburseihoiit contracts that the City has entered into for' the entire term of fifteen (15) years. Mr. Gilot noted that he is not sii e if any of these parcels would have the alternative of hooking into the sewer that Mr. LaFree has referred to versus the sewer that the City is proposing. Mr. Leroy Edgewater, 5602 South Main Street, South Bend, Indiana, stated that lie is in the same general area of Farm Bureau Insurance and is curious to Bear where they stand with the annexation and whether they are honoring the agreeriient that was offered with Farm Bureau or if they have to hook up with the proposed sewer. He asked if the linear rate applies to him. Also, when Farm Bureau put in their City sewer, the Way tl.6 proposal was written is that the property owners along that area will have the opportunrty`to tie in He noted that he is a contractor and generallywhen a sewer is Out in the laterals for the property are put in as well because laterals'can be installed at a more reasonable rate whereas installing them at a later time requires much, more work. Mr. Edgewater further noted that he installed" a lateral into his property for a very reasonable surd and asked if the property owners will have laterals put in along the way with the new sewer. There was no one else present wishing to speak to the Council either in favor odor in opposition to this bill. Council Attorney Kathleen Cekanski- Farratid noted that because of this other agreement some properties may be inadvertently listed as one of the tax key numbers in this ordinance and therefore requested that Mr. Gilot address this issue and make sure for the record that those properties are identified. Mr. Gilot stated that there may be a few properties that a`re on the boundary that have a choice to hook up to this sewer or the other sewer and although they are mentioned as a potential parcel that could be impacted by- this ordinance they only would be impacted if they chose to hook to this sewer If they hook to the Farm Bureau sewer they would pay the applicable fees under that reimbursement agreement: If they hook to the Farm Bureau sewer none of the charges outlined in this ordinance have any bearing on their parcel. Councilmember Coleman inquired about the inclusion of laterals at the time the sewer is installed. He noted that it is his understanding that the laterals would not be included and it would be the prerogative of the property owner to put the lateral in. Councilmember Coleman asked if it was possible for them to coordinate that activity at the time when the sewers are being put in to take advantage of a lessor cost. Mr. Gilot stated that they are putting laterals in within the I right -of -way. The lateral that was discussed in the committee meeting this afternoon was picking up from the property line back to foundation wall of their building and they will need to make private arrangements for that. The City will be dropping one lateral pejrparcel that they pass with the sewer. Councilmember Kirsits made a motion for favorable 'redo niftendation to full Council concerning 1 1 1 REGULAR MEETING _ NOVEMBER 27.2000 this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT - Councilmember Coleman made motion to rise and report to the full Council. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: A' Committee of the erson 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 7:50 p.m. Council President Charlotte Pfeifer presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9164 -00 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF FISHER STREET FROM THE WEST R/W LINE OF WEBSTER STREET TO THE WEST LOT LINE OF LOT 18, PECK'S 2ND SUBDIVISION OF PART BANK OUTLOTS 01 AND 02 FOR A DISTANCE OF 210 FEET. BEING A PART OF SAID PECK'S 2ND SUBDIVISION 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 eight (8) ayes. 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 eight (8) ayes. ORDINANCE NO. 9165 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MAKING TECHNICAL CHANGES TO ORDINANCE NO. 9127 -00 ADDRESSING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2001, 2002, 2003 AND 2004 This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember White seconded the motion which carried by a roll call vote of seven (7) ayes with Councilmember Kirsits recusing himself. REGULAR MEETING NOVEMBER 27, 2000 ORDINANCE -NO. _ 9166 -00 AN ORDINANCE APPROPRIATING $3,796,000 FROM THE COIVIMIJLAITY DEVELOPMENT BLOCK GRANT FUND (FUND 212) FOR THE PURPOSE OF DEER AYING THE EXPENSES= OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH $END, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2001, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmerri'ef Coleman made a motion to pass this bill. Councilineinber Ujdak seconded the.motion which carried. The bill passed by a' 11 call vote of eight (8) ayes. ORDINANCE NO. 9167 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $18,000 FROM THE , MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND NUMBER 416) 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 eight (8) ayes. ORDINANCE NO, 9168 -00 AN ORDINANCE TRANSFERRING $486,805 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 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 eight (8) ayes. ORDINANCE NO. 9169 =00 AN ORDINANCE APPROPRIATING $601,580 WITHIN FUND 212 FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Varner made a (notion to pass this bill. Councilmember Coleman seconded the motion which caked. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE N0. 9170 -00 AN ORDINANCE APPROPRIATING $52,624 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENTS' S ADMINISTRATIVE BUDGET This bill had third reading. Councilmember Varner made a motion to'pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9171 -00 AN ORDINANCE APPROPRIATING $130,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SUPPORT TO THE DEPARTMENT 1 L REGULAR MEETING NOVEMBER 27, 2000 OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR PROGRAM YEAR 2001 BEGINNING JANUARY 1, 2001 This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9172 -00 AN ORDINANCE APPROPRIATING $35,382 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S AREA REVITALIZATION EFFORT 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 eight (8) ayes. ORDINANCE NO. 9173 -00 AN ORDINANCE APPROPRIATING $127,000 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM 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 eight (8) ayes. ORDINANCE NO. 9174 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $150,000 FROM THE SELF - INSURANCE FUND (FUND NO. 226) 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 eight (8) ayes. ORDINANCE NO. 9175 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,000.00 FROM THE HAZ -MAT FUND (FUND #289) 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 eight (8) ayes. ORDINANCE NO. 9176 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $3,807.00 FROM THE EMS FUND (FUND NO. 288) 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 eight (8) ayes. ORDINANCE NO. 9177 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $192,500 FROM THE WATER WORKS OPERATIONAL FUND ( #620) FOR THE PURPOSE OF TRANSFERRING THESE FUNDS TO THE WATER LEAK INSURANCE FUND ( #644) This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember REGULAR MEETING NOVEMBER 27. 2000 Kelly seconded the motion which carried. the bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 917$ =00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $300,000 FROM THE WATER LEAK INSURANCE FUND ( #644) FOR THE PURPOSE OF FUNDING UNANTICIPATED PRIVATE WATER LEAK REPAIRS This bill had third reading. Councilmember Kelly made a motioh to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO, 9179 -00 AN ORDINANCE OF THE COMMON. COUNCIL OF THE CITY OF SOUTH BEND, INDIANA O EXTEND AND PROVIDE UTILITY SERVICES AND TO ALLOCATE COSTS TO AN AREA RECENTLY ANNEXED WITHIN THE MONICIPAL CITY LIMITS AND TO AN AREA OUTSIDE THE CITY LIMITS, 'BOTH LOCATED BETWEEN U.S. M SOUTH AND MAIN STREET IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the second substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. Further, Councilmember Kelly made a motion to pass the second substitute version of this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS LUTI RESOLUTION NO. 2952 -00 A RESOON C ONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND; INDIANA, COMMONLY KNOWN AS 515 WEST IRELAND ROAD, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10)- YEAR REAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas witlim the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS; a Declaratory Resolution designated the area °commonly known as 515 West Ireland Road, South Bend, Indiana, and which is more particularly described as follows: A parcel of land located in the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4). of Section Twenty -Six (26), Township Thirty -Seven (37) North, Range Two (02) East of the Second (2nd) Principal Meridian and all being in Center Tow "reship, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the southeast co'rifer of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26); thence -.South 90'-00'-00" West °(beading derived from description shown in title Commitment 9501843) as issued by St. 1 1 REGULAR MEETING NOVEMBER 27, 2000 Joseph Title Corp.), along the south line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty - Six (26) and also being along the centerline of a public road now known as Ireland Road, a distance of 400.00 feet; thence North 01 °30'-47" East, parallel with and 400.00 feet west of the east line of the Southeast Quarter (S.E. 1/4) of said Section Twenty -Six (26), a distance of 40.01 feet to the Point of Beginning of this description, said point of beginning being on the north right of way line of said Ireland Road and also being the southwest corner of a parcel conveyed to Roger R. Atwell and Eleanor Atwell as described in Quit Claim Deed No. 9416618; thence South 90 °00' -00" West, along said north right of way line of Ireland Road and being parallel with and 40.00 feet north of the south line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26), a distance of 891.36 feet to a point on the west line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26) and also being the southeast corner of a parcel conveyed to Louanne Osborne as described in Warranty Deed 9326881; thence North 00 °- 58' -55" East, along the west line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26) and also being along the east line of said parcel conveyed to Louanne Osborne and also along the east line of a parcel conveyed to Transit Mix, Inc. as described in Warranty Deed 9018257, a distance of 955.26 feet to a point which is South 00 °- 58' -55" West — 314.00 feet from a stone found at the northwest corner of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26); thence North 89 °- 42 -44" East, along the south line of two (02) parcels conveyed to Miles Laboratories, Inc. as described in Warranty Deed 7903212 and Warranty Deed 8501215, a distance of 1270.41 feet to a point on the west right of way line of a public street now known as Lafayette Street; thence South 01 0- 30' -47" West, along said west right of way line of Lafayette Street and being parallel with and 30.00 feet west of the east line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26), a distance of 602.05 feet to the northeast corner of a parcel conveyed to Arthur Fontonelli and as described in Warranty Deed 9335926; thence South 90 °- 00' -00" West, along the north line of said parcel conveyed to Arthur Fontonelli and also being along the north line of a parcel conveyed to Arthur Fontonelli as described in Corporate Warranty Deed 9335926, a distance of 370.00 feet to the northwest corner of said parcel conveyed to Arthur Fontonelli; thence South 01 °- 30'-47" West, along the west line of said parcel conveyed to Arthur Fontonelli, a distance of 360.00 feet to the Point of Beginning of this description and containing 24.793 Acres, more or less and which has Key Number 23- 1013 -0758, 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: REGULAR MEETING NOVEMBER 27, 2000 SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION 11. The Common Council hereby determines that the property owner is quali O fied for and is granted Real property tax deduction for a period of (insert number of years years, and further determines that-the petition complies with Chapter 2, Article 6, of the Wh cipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et. seg. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Richard Deahl, Barnes & Thornburg, 600 1St Source Center, 100 North Michigan Street, South Bend, Indiana, representing Mr. Robert Strzelecki, made the presentation for this Resolution. Mr. Deahl indicated that Lock Joint Tube is requesting this tax abatement to expand its facility by approximately fifty-one thousand (51,000) square feet. This expansion will allow Lock Joint Tube to add two (2) new shipping bays and will increase production efficiencies. This investment will cost between $1.4 to $1.8 million dollars. This expansion and the efficiencies that it creates will allow them to maintain its existing workforce of two hundred forty -six (246) employees at an annual payroll 'of approximately $8.9 million dollars. A Public Hearing was held on the Resolution at this time. There being no one present wishizig to speak to the Council either in favor of or in opposition to this Resolution, COlmcilmeriiber Varner made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried aria the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 2953-00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INhIANA, COMMONLY KNOWN AS 2629 FOUNDATION DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR VALUE PRODUCTION WHEREAS, a petition for'personal property tax abatement consideration has been filed with the City Clerk for consid ration by the =Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 2629 Foundation Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the Southwest Quarter of Section 28, Township 38 North, Range2 East, St. Joseph County, Indiana and which has Key Number 25- 1010 - 040012, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Band Municipal Code Sections 2 -76 et se` . and; WHEREAS, the Department of Community and Economic Development has concluded an REGULAR MEETING NOVEMBER 27.2000 investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et sea., and South Bend Municipal Code Sections 2 -76, et 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 of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5 et. seg., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal Property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. REGULAR MEETING NOVEMBER 27, 2000 SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Cotriji on Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Develop rrient Committee met on this bill and recommends this Resolution to the .Council favorably. Mr. Nevin J. Siquerra, 2129 Rockne Drive, South Bend, Indiana, 'hiade the presentation for this Resolution. Mr. Siquerra stated that Value Production is a startup company located on Foundation Drive. He noted that they just purchased a building .and plan to invest seven hundred fifty thousand dollars ($750,000.00) in equipment to make parts for the aerospace industry. He further noted that they employ ten (10) employees with a payroll of approximately four hundred thousand dollars ($400,000.00). A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of of in opposition to this Resolution, Councilmember King made motion to adopt this Resolution. Councilrnember Kelly seconded the motion which carried and the Resolution was adopted by a`roh call vote of eight (8) ayes. BILLS -FIRST READING BILL NO. 127 -00 FIRST READING ON A BILL INCREASING APPR- OPRIATIONS- AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2000 This bill had -ANA reading. Councilinember Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 11, 2000. Councilrfremb& Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 128 -00 FIRST READING ON A B1LL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2000 This bill had first reading. Cou icilmember Coleman made a motion to refer this bill to the Per'so'nnel and Finance Committee and set it for Public Hearing and Third Reading on December 11, 2000. Councilniember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS: REPORTS FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of recoiiimendations from the Area Plan Commssioh of St. Joseph County, for the following ordinance based on their Public Hearing held on November 21, 2000: 1 REGULAR MEETING NOVEMBER 27, 2000 BILL NO. 56 -00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 710 EAST WAYNE STREET, THE SOUTHWEST CORNER OF WAYNE AND ST. PETER STREETS IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 97 -00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 411 EAST IRELAND ROAD 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 December 11, 2000. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. COMMENTS REGARDING STREET LIGHT OUTAGES Councilmember Varner advised that the Council has been meeting with representatives from AEP regarding street light outages. He noted that there have been some substantial reductions in the number of outages even though not everyone is totally satisfied with this they are confident that AEP has made some recent commitments to improve the service with regard to attending to some outages in a three (3) day period and trying to get the more lengthy types of problems done in a more timely fashion. ANNOUNCEMENT OF DECEMBER MEETING DATE Council President Pfeifer reiterated that the Common Council will conduct only one (1) meeting during the month of December to be held on December 11, 2000 unless there is some City business that is unforeseen at this time. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:10 p.m. ATTEST: orett . Dud , ity Clerk ATTEST: Charlotte Pfeifer, Presiden