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HomeMy WebLinkAbout12-13-99 Council Meeting MinutesREGULAR MEETING DECEMBER 13. 1999 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, December 13,1999, at 7:00 p.m. The meeting was called to order by Council President Sean Coleman and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski 1" District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Karl King 4th District David Varner 5th District Andrew Ujdak 6th District Rod Sniadecki At -Large Sean Coleman At -Large Absent: John Hosinski At -Large Chairperson, Committee of the Whole President Vice - President (until Bill No. 99 -121) 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 22, 1999 regular meeting and December 3, 1999 Special Meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Sean Coleman s/David Varner Councilmember Sniadecki made a motion that the minutes of the November 22, 1999 and December 3, 1999, meetings of the Council be accepted and placed on file. Councilmember Sniadecki seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS BILL NO. 99 -122 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING JOHN HOSINSKI FOR 4 YEARS OF PUBLIC SERVICE AS A COUNCIL MEMBER AT LARGE BILL NO. 99 -123 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING ROD SNIADECKI FOR 4 YEARS OF PUBLIC SERVICE AS A COUNCIL MEMBER AT LARGE In the absence of Councilmember Hosinski at this time, Councilmember Smadecki made a motion that these Resolutions be tabled until later in the meeting. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. NOTIFICATION OF APPOINTMENTS TO THE REDEVELOPMENT COMMISSION Council President Coleman noted that the Council will be making two (2) appointments to the Redevelopment Commission in January. He further noted that this matter is in the hands of the Community and Economic Development Committee, headed by Councilmember Kelly, for a recommendation to be made to the entire Council. REGULAR MEETING DECEMBER 13. 1999 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:09 p.m. Councilmember Kelly 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 Pfeifer presiding. BILL NO. 41-98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR THE PROPERTIES LOCATED BETWEEN SAMPLE AND TUTT STREETS AND FROM MAIN STREET WEST TO THE FIRST NORTH -SOUTH ALLEY WEST OF MAIN STREET Councilmember Aranowski made a motion that this bill be withdrawn. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Council President Coleman noted that this bill was originally Council initiated and therefore the Council makes the offer to withdraw. BILL NO. 82 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 530 NORTH LAFAYETTE BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kelly made motion to hear the substitute version of this bill. Council President Coleman seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Pfeifer reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from `B" Residential, "G" Height and Area to "C" Commercial, "G" Height and Area to allow expansion of an existing building for laboratories and offices. Mr. Byomi further noted that the property currently contains the South Bend Medical Foundation building. Access to the site is from Main Street and Lafayette Boulevard. The total site to be rezoned is ninety seven thousand three hundred seventy three (97,373) square feet. Of that, the buildings will occupy thirty -five per cent (35 6/o) of the site, the parking and drives will occupy fifty - nine per cent (59 %) of the site and six per cent (6 %) of the site will remain as open space. Based on information available prior to the Area Plan Commission Public Hearing, the staff recommended that this petition be sent to the Council with a favorable recommendation subject to a final site plan. This rezoning would allow an addition to the existing building by bringing the site into the proper zoning district. Further, based on its Public Hearing held on November 16, 1999, the Area Plan Commission sends this petition to the Council with a favorable recommendation. Mr. Ron Randolph, Plant Manager, South Bend Medical Foundation, 530 North Lafayette Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Randolph informed the Council that this rezoning is needed for additional space for a laboratory and office space as they have outgrown their current space. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Dave Radziwill, 309 West Navarre Street, South Bend, Indiana, spoke against this bill. Mr. Radziwill indicated that he has lived in the neighborhood for the last twenty -five (25) years and he REGULAR MEETING DECEMBER 13, 1999 has seen the neighborhood go up and down. He indicated that there is a constant din of something running at the South Bend Medical Foundation. The neighbors on Park Avenue and LaMonte Terrace are hearing this noise which he believes is from some type of air handling units that are getting louder and louder. Mr. Radziwill noted that this expansion will ruin the neighborhood as there is construction going on all the time and there is constant noise. He stated that he was advised that this noise is caused by the generators but generators do go off. The neighbors have complained and no one has done anything. In rebuttal, Mr. Randolph stated that he believes Mr. Radziwill is referring to the generators which are exercised on Tuesdays. He informed the Council that he has been the plant manager for six and one -half (6 %z. ) years and has never spoken to Mr. Radziwill. He further stated that he has done decimal readings on the property. He did note that about three (3) years ago they did have a power outage and had to run outside generators. In conclusion, Mr. Randolph stated that The South Bend Medical Foundation has been a part of this community for eighty -seven (87) years. Council President Coleman asked Mr. Randolph what steps were taken to protect the neighborhood from the noise. Mr. Randolph indicated that they are planning to build a canopy on the south side of the building that would allow them to build an enclosure so they can house the generator within that enclosure. He intends to do some baffling for air intake and exhaust and install screening walls which will direct the sound through air baffling. They will be removing the mechanicals from the generators to keep down mechanical noise. Also, the generators are currently on the third floor roof and they intend to bring them down to the first floor level. In conclusion, he stated that they are working hard to reduce any noise. Councilmember Aranowski inquired whether or not Mr. Randolph went into the neighborhood to check the noise level with the decimal reader. Mr. Randolph responded that he did go about one and one -half (1 %2) blocks out but picked up a lot of neighborhood noise. There being no one else wishing to speak to the Council either in opposition to or in favor of this bill, Council President Coleman made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. President Coleman stated that he hopes the South Bend Medical Foundation is on the right path in cutting back on the noise. Councilmember Aranowski asked Mr. Radziwill to please call him if the noise persists. BILL NO. 83 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 407 -409 LINCOLNWAY WEST IN THE CITY OF SOUTH BEND, INDIANA Councilmember Pfeifer reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from "D" Light Industrial, "F" Height and Area to `B" Residential, "F" Height and Area to allow multi - family and extend on -site parking. Mr. Byorni further noted that the property currently contains a multi - family dwelling. Access to the site is from Lincolnway West. The total site to be rezoned is nine thousand seven hundred two (9,702) square feet. Of that, the buildings will occupy thirteen percent (13%) of the site, the parking and drives will occupy twenty -two per cent (22 %) of the site and sixty -three per cent (63 %) of the site will remain as open space. REGULAR MEETING DECEMBER 13. 1999 Based on information available prior to the Area Plan Commission Public Hearing, the staff recommended that this petition be sent to the Council with a favorable recommendation subject to a final site plan. This area is currently zoned "D" Light Industrial with multi - family and commercial uses. The recently completed Lincolnway West Corridor Plan calls for this block to be zoned for residential use. Based on its Public Hearing held on November 16, 1999, the Area Plan Commission sends this petition to the Council with a favorable recommendation. Mr. Byorni informed the Council that the final site plan will be required showing only one (1) access. The site plan which has been submitted is preliminary. He noted that a lot of discussion took place at the Area Plan Commission Public Hearing that there not be access from both Lincolnway and the alley as it could become a through way. The matter of which is the best access then became an issue. The petitioners prefer the access be from the alley and not Lincolnway. This issue has not been resolved but the recommendation is for only one (1) access which will be left up to the City Engineer. Mr. Don Wertheimer, Attorney at Law, 1017 East Jefferson Blvd., South Bend, Indiana, made the presentation on behalf of the petitioner. Mr. Wertheimer outlined for the Council the history of this property and indicated that there is a period of time for which no records exist. However, from 1970 to the present the building has been used as an apartment building. They desire to use the lot at 409 Lincolnway West for parking for the tenants. He further noted that they have no objections to whatever access the City Engineer recommends. They prefer the alley but the final site plan will reflect the decision of the City Engineer. 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, Council President Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 84 -99 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 6188 PARKLAND DRIVE, SOUTH BEND, INDIANA LOCATED AT THE SOUTHEAST CORNER OF AMERITECH DRIVE AND PARKLAND DRIVE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Pfeifer reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from "IP" Industrial Park to "D" Light Industrial, "A" Height and Area to allow a truck leasing facility. Mr. Byorni noted that the property is currently vacant. Access to the site is from Ameritech Drive. The total site to be rezoned is 6.8 acres. Of that, the buildings will occupy five per cent (5 %) of the site, the parking and drives will occupy sixty -five per cent (65%) of the site and thirty per cent (30 %) of the site will remain as open space. Based on information available prior to the Area Plan Commission Public Hearing, the staff recommended that this petition be sent to the Council with a favorable recommendation subject to a final site plan. This site is adjacent to other trucking and light industrial uses to the south. Mr. Byorni informed the Council that the site plan which they currently have is the final site plan. Additionally, based on its Public Hearing held on November 16, 1999, the Area Plan Commission 1 1 1 REGULAR MEETING DECEMBER 13, 1999 sends this petition to the Council with a favorable recommendation. Mr. Robert Case, Department of Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Case noted that Rollins Leasing Corporation of Wilmington, Delaware is a new business that will be building a new thirteen thousand five hundred (13,500) square foot building on Lot 17A of the US 31 Industrial Park. They intend to employ between sixteen (16) and eighteen (18) people. This business will bring a $2.5 million dollar new investment to the City. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Council President Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 105 -99 A BILL INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1999 Council Member Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. M. Catherine Roemer, City Controller, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Roemer noted that this bill indicates increases on a net basis for eleven (11) different funds due to unexpected activity during the year. Ms. Roemer reviewed several of the funds for the Council that require these additional dollars. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Varner inquired whether the increase of forty-five thousand dollars ($45,000.00) for Fund 201, concessions and supplies, is the usual way to handle this. Ms. Roemer stated that that is correct and if they sell more they need to purchase more. Therefore, Councilmember 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. 106 -99 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1999 Councilmember Kelly made motion to hear the substitute version of this bill. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING DECEMBER 13. 1999 Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. M. Catherine Roemer, City Controller, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Roemer informed the Council that this ordinance transfers dollars between categories with no additional dollars being added within these ten (10) different funds. This is a housekeeping matter to make sure one category is not overspent. 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, Council President Coleman made a motion for favorable recommendation to full Council concerning this substitute bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 95-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2000, AND ENDING DECEMBER 31, 2000, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Council Member Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a 3 -1 favorable recommendation. Mayor Stephen Luecke, Office of the Mayor, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mayor Luecke reminded the Council that this budget for the College Football Hall of Fame for the year 2000 was submitted in September but the Council asked that a vote on the budget be postponed until this time in order that more information could be provided. Mayor Luecke stated that he wanted to inform the Council of the City's relationship with the National Football Foundation (NFF) and where that relationship is moving with his proposal to restructure that relationship. He asked that they recall that his proposal is that the City would step up to the plate in terms of its obligation to pay off the financing on the building and the exhibits in the Hall and that the City ask the NFF to take responsibility for operations. He stated that the City has been in ongoing discussions with the NFF over the last couple of months and believes that the City and the NFF are "on the same page." There are still some details that need to be worked out but they are moving forward on restructuring the Agreement that currently requires the NFF to pay zero dollars toward the operation and financing of the Hall. The City wants to move from that position to a position in which the NFF would accept responsibility for operations. The budget submitted is structured in such a way that it begins to move the City in that direction. The City has shown the NFF's anticipated contribution on the operating side and the City contribution on the financing side of the budget. The budget on the operating side shows a three hundred fifty thousand dollar ($350,000.00) gap that the City is asking the NFF to fund which they have accepted. On the financing side the budget shows about a six hundred thousand dollar ($600,000.00) gap that the City proposes to fund using tax incremental financing dollars. The Mayor pointed out several items on the financing side of the budget in the interest income and also in the interest expenses. If the trends remain as they have over the last two (2) years in the future what the budget will show is that the six hundred thousand dollars ($600,000.00) gap that is proposed to be funded with TIF dollars will be more like three hundred fifty thousand dollars ($350,000.00) to four hundred thousand dollars REGULAR MEETING DECEMBER 13, 1999 ($400,000.00). The Mayor stated that it was felt that the City should budget for the Hall cautiously. Rates can go up or down but if the trends remain then the City will be in the year in an amount similar to what the City is asking the NFF to contribute. The Mayor asked for the Council's favorable consideration of this budget. Mr. Bernie Kish, Executive Director, College Football Hall of Fame, 111 South St. Joseph Street, South Bend, Indiana, informed the Council that the budget submitted today is essentially the same as presented to them on September 8, 1999 with a few changes. Mr. Kish reviewed some of the figures in the operating revenue such as the restaurant, Press Box and enshrinement. In conclusion he noted that the operating revenue is $1.64 million dollars and the operating expenses are $1.62 million dollars for a plus of twenty -seven thousand dollars ($27,000.00). Mr. Kish thanked all members of the Council for their continued support of the Hall. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, spoke in opposition to this bill. Mr. Cierzniak indicated that it has been three (3) months and the same budget is being submitted today. He indicated that he believed there would be some tough negotiating with the NFF and the City would come back with something much better but this is the same budget. Mr. Cierzniak further indicated that in 1999 the NFF was to give the Hall four hundred fifty thousand dollars ($450,000.00) which it did not receive as well as dollars from corporate sponsors. The Hall continues to lose $1 million dollars on the operational side. In conclusion, Mr. Cierzniak stated that the only thing the Hall has been good at is getting tax money which is over $2 million dollars at the present time. - Ms. Joyce Boaler, 1606 Hillsdale Road, South Bend, Indiana, spoke in opposition to this bill. Ms. Boaler indicated that the budget submitted today is essentially the same as submitted in September. She noted that taxpayers were assured that not a penny of taxpayers money would be spent on the Hall and she knew it was a lie and it is. She congratulated Mr. Cierzniak for keeping on top of the Hall's failure and expenses. She further stated that it is believed that the Studebaker Museum will also lose money and suggested that the Studebaker collection be moved to the Hall of Fame building. She also indicated that she believes the City will lose money on the new water park. Mayor Luecke, in rebuttal, informed the Council that the City expects to receive three hundred fifty thousand dollars ($350,000.00) from the NFF before the end of the year for 1999. He stated that the City must pay for the building and that is why he is trying to negotiate with the NFF. In the year 2006 principal payments start and he is trying to cut the City's costs in the long run. There was no one else present wishing to address the Council in opposition to this bill and there was no one present wishing to address the Council in favor of this bill. Councilmember Varner stated that he thinks it is a good idea that the City is looking at some new arrangement with the NFF. While that is up for discussion, the fact of the matter is that the City still has to deal with the situation at this point and time. He noted that he did not believe the City should be supporting the Hall but the City is stuck to a degree and he is therefore prepared to make a motion to begin to work on that deficit. Any contribution beyond that which is absolutely necessary is probably too much in that the City will contribute six hundred thousand dollars ($600,000.00) in the form of hotel motel tax and sports development funds in addition to the six hundred thousand dollars ($600,000.00) proposed in TIF money or general fund money. Therefore, Councilmember Varner made a motion to take a step toward reducing the deficit to a point which the City's contribution is no greater than that of the NFF which is approximately three hundred fifty thousand dollars ($350,000.00) at least on the tax side from TIF funds. To accomplish that, Councilmember Varner suggested the elimination of the line item of one hundred fifteen thousand dollars ($115,000.00) for upgrade in memorabilia which are the exhibits which go into the Hall. The marketing budget in excess of three hundred fifty thousand dollars ($350,000.00) for the last three (3) years has been $1 million dollars ($1,000,000.00) total. This line item could be reduced from three hundred fifty thousand dollars ($350,000.00) to two hundred seventy -five REGULAR MEETING DECEMBER 13. 1999 thousand dollars ($275,000.00) which is still a good marking budget which will work toward reducing the City's contribution. Finally, Councilmember Varner asked that the Director of the Hall find six hundred thousand dollars ($600,000.00) in savings in personnel and benefits, whether it be for one position or several. This would provide a net result in a reduction of the City's obligation from six hundred thousand dollars ($600,000.00) to three hundred fifty thousand dollars ($350,000.00) to bring it at least in line with the contribution the City expects from the NFF. He noted that his above comments are in the form of a motion. Since no one seconded the motion made by Councilmember Varner, he withdrew his motion. Councilmember Kelly stated that as interest rates hold the City could se that mount come down to what the NFF is contributing and he believes the City is on the right track. Councilmember Aranowski stated that if nothing changes during the first six (6) months in 2000 he will agree with Councilmember Varner to slash dollars. He indicated that he would like to see how the Mayor's negotiations work out with the NFF. Councilmember Sniadecki noted that he believes that the Hall is at a crossroads at this time. This Council asked the Mayor a couple months ago to go out and find a new vision and he has worked hard to achieve a new direction. He is concerned that the NFF maintain minimum standards of operation when the NFF takes over and the City assert themselves to assure to maintain that facility. Also, he is concerned that the NFF consider the contributions of the citizens of South Bend and include them in event planning and administrative standards. Councilmember Uj dak noted that three (3) months ago the Mayor was asked to attempt to strengthen the Hall and it was left in the Mayor's hand. At this time there is no signed agreement but progress has been made but they need to have a budget and in order not to weaken the City's hand the Council needs to go forward. Councilmember King indicated that he concurs with the comments made by Councilmember Uj dak. Therefore, Councilmember King made a motion for favorable recommendation to full Council concerning his bill. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes with Councilmember Varner voting nay. RISE AND REPORT Council President Coleman made motion to rise and report to the full Council. Councilmember Sniadecki seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: Loretta J. a City REGULAR MEETING RECONVENED ATTEST: e Charlotte Pfeifer, I airp rs Committee of the Whole 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 7:59 p.m. Council President Sean Coleman presided with eight (8) members present. REGULAR MEETING BILLS - THIRD READING DECEMBER 13, 1999 ORDINANCE NO. 9068 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 530 NORTH LAFAYETTE BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember King made a motion to consider the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Pfeifer 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 eight (8) ayes. ORDINANCE NO. 9069 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 407 -409 LINCOLNWAY WEST IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9070 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 6188 PARKLAND DRIVE, SOUTH BEND, INDIANA LOCATED AT THE SOUTHEAST CORNER OF AMERITECH DRIVE AND PARKLAND DRIVE, IN THE CITY OF SOUTH BEND, INDIANA 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. 9071 -99 AN ORDINANCE INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1999 This bill had third reading. Councilmember Pfeifer 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. 9072 -99 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1999 This bill had third reading. Councilmember Kelly made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Kelly made a motion to pass this bill as substituted. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. REGULAR MEETING DECEMBER 13, 1999 ORDINANCE NO. 9073-99 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 FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2000, AND ENDING DECEMBER 31, 2000, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and one (1) nay vote by Councilmember Varner. RESOLUTIONS: RESOLUTION NO. 2818 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4101 WILLIAM RICHARDSON DRIVE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR NEW CARBON COMPANY, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4101 William Richardson Drive and which is more particularly described as follows: Lot numbered eight (8) as shown on the recorded Plat of West Cleveland Road Industrial Park, Section One, recorded November 6, 1997 as Document Number 9746182 in the Office of the Recorder of St. Joseph County, Indiana. and which has Key Number 25- 1013 - 0207.02, 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. I 1 1 REGULAR MEETING DECEMBER 13, 1999 SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. 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 /Sean Coleman Member of the Common Council Councilmember Kelly made motion to hear the substitute version of this bill. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. Mr. Rick McKeel, Chief Financial Officer, P.O. Box 71, 324 E. Dewey, Buchanan, Michigan, made the presentation for this Resolution. Mr. McKeel stated that New Carbon Company, Inc. is a manufacturer of Golden Malted Pancake and Waffle Flour products and commercial Waffle Bakers. The company is transferring approximately sixty thousand dollars ($60,000.00) worth of equipment from their Buchanan location to the William Richardson Drive location. This includes drill presses, sand blasters, ovens, materials handling equipment, office furniture and fixtures and all other related equipment. In addition, the company is projecting to purchase between two hundred thousand dollars ($200,000.00) to three hundred thousand dollars ($300,000.00) of new equipment. It is estimated that the project will create five (5) to eight (8) new permanent jobs, representing a new annual payroll of two hundred thousand dollars ($200,000.00) to three hundred thousand dollars ($300,000.00) per year and will maintain twenty -seven (27) existing jobs representing an annual payroll of eight hundred forty -four thousand nine hundred five ($844,905.00) dollars. Mr. McKeel concluded by stating that they are excited about the growth and development of the business in South Bend. A Public Hearing was held on this 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 Ujdak made a motion to adopt this Resolution as substituted. Councilmember Sniadecki seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 99 -121 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2001 WEST WASHINGTON STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR UNIROYAL TECHNOLOGY CORPORATION 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 2001 West Washington Street, South Bend, Indiana, and which is more particularly described as follows: PARCEL I Lots Numbered 67, 68, 69, 70, 71, 72, 73, 74, 75, 76 and 77 as shown on the recorded plat of Clement Studebaker's Oak Grove Subdivision in the City of South Bend, recorded in Plat Book 7, page 4 in the Office of the Recorder of St. Joseph County, Indiana. REGULAR MEETING DECEMBER 13, 1999 EXCEPTION TO PARCEL I A part of Lots Numbered 67 and 68 as shown on the recorded plat of Clements Studebaker's Oak Grove Subdivision in the City of South Bend, which part is bounded by a line running as follows: beginning at a point 35 feet West of the Northeast corner of said Lot Numbered 67; thence running West 36 feet: thence South to the South line of said Lot Numbered 68, . thence East on said South line 36 feet; thence North to the place of beginning. PARCEL II Lots Numbered 1, 2, 3, 4, and 5 as shown on he recorded plat of Hosinski's Subdivision of Lot Numbered 43 in College Grove Addition to the City of South Bend, recorded April 6, 1920 in plat book 10, page 103 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL III Lots Numbered 28, 29, 30, 31, 32, 33, inclusive and Lots Numbered 44, 45, 46, 47 and 48 and Lots Lettered A as shown on the recorded plat of College Grove, an addition to the Town Now City of South Bend. PARCEL IV The vacated Grant, Johnson and Brookfield Streets running from the North line of Washington Avenue and the South line of Orange Street; also the vacated Colfax Avenue running from the West line of Jackson Street to the West line of Lot 48 in College Grove Addition extended North; also the vacated alley lying West and adjacent to Lots 1, 2, 3 and 5 Hosinski's Subdivision. PARCEL V An easement from ingress and egress in, upon and over the following described real estate: beginning at a point 4 %2 feet West of the Northeast corner of Lot 30 in College Grove Addition; thence North on a line parallel to the East line of Lot 30 a distance of 10.00 feet; thence East on a line parallel with the North lines of Lot 29 and 30 a distance of 105.00 feet; thence South on a line parallel to the West lot line of Lot 29 a distance of 10.00 feet to a point on the North line of Lot 29, said point being 37.00 feet East of the Northwest corner of Lot 29; thence West on and along the North line of Lot 29, extended across vacated Johnson Street, and the North line of Lot 30, a distance of 105.00 feet to the point of beginning. and which has Key Numbers 18- 2003 -0032, 18- 2020 -0590, 18- 2020 -0591, 18- 2020 -0592, 18- 2020 -0596, 18- 2020 -0599, 18- 2020 -0602, 18- 2020 -0605, 18- 2020 -0608, 18- 2020 -0611, 18- 2020 -0618, 18- 2020 -0619, 18- 2020 -0620, 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 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 REGULAR MEETING DECEMBER 13, 1999 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 approved by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly indicated that the Community and Economic Development Committee discussed this tax abatement at its meeting this afternoon and sends it to the Council without a recommendation. Mr. William Faust, Engineering Manager, Uniroyal Technology Corporation, 2001 West Washington Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Faust informed the Council that Mr. Jim Elgin, Vice - President and General Manager, was also present. Mr. Faust indicated that they are requesting support for this Confirming Resolution for the construction of a new eighteen thousand (18,000) square foot addition to their building as described during the Public Hearing on the designating Resolution. Mr. Faust stated that he understands that there is some concern with their selection of the contractor for this project. He informed the Council that they received four (4) bids and the decision was based on the value of the project and the quality reputation of the Butler building system that they have selected. The contractor they intend to use does use local subcontractors and they have been told that typically sixty per cent (60 %) to seventy -five (75 %) per cent of the work is performed by union contractors. The contractor works with all thirteen (13) local trades. He sited the dollar amounts spent by this contractor on subcontractors on previous projects. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council in favor of this Resolution. Mr. Eric Brown, 926 East Oakside, South Bend, Indiana, spoke in opposition to this Resolution. He stated that he is not against tax abatements when they fit into an economic development plan for the community with part of that plan being to enhance the quality of life for the citizens of the community. He noted that the contractor that has been selected is from Elkhart County and this does not benefit the citizens of South Bend. Ms. Jean Troutman - Poole, 302 South Coquillard, South Bend, Indiana, stated that she is not against tax abatements when they are responsible. However, Uniroyal is not a good corporate citizen. She urged the Council to vote against this abatement. Mr. Mike Kruk, 449 South Phillipa, South Bend, Indiana, stated that he also is not against giving tax abatements to responsible corporate citizens but Uniroyal is not a good corporate citizen. He asked that the City reject this request for tax abatement. There was no one else present wishing to speak in opposition to this Resolution. In rebuttal, Mr. Faust reiterated that they received four (4) bids, two (2) from South Bend general contractors and two (2) from contractors in the Michiana area. They went with the best value for their dollars and they have been told by that contractor that they will utilize local union subcontractors. Councilmember King stated that at the last Council meeting two (2) members of the Mishawaka Common Council spoke to this Council and recommended that they not adopt this Resolution with their reasoning being the history of Uniroyal in Mishawaka. He noted that it appears that Uniroyal has consistently made decisions based on what is good for Uniroyal and not for the good of the community and they have made a choice to choose what is good for Uniroyal and not the community and he therefore will not be supporting this Resolution. REGULAR MEETING DECEMBER 13, 1999 Councilmember Aranowski sited the construction work done by Memorial Hospital and noted that they gave back to the community. They hired almost one hundred per cent (100 %) local union contractors. He noted that at the last Council meeting comments were made concerning Uniroyal and being an accountant he was not happy that they did not pay their property tax bill. However, he stated that he was upset to learn that Uniroyal has elected not to hire a local contractor for this project and that tax abatements are a preference but not a privilege and he will be opposing this Resolution. Councilmember Ujdak inquired of Uniroyal why they did not attend the afternoon committee meeting and whether or not they would build the addition to their building without the tax abatement. Mr. Jim Elgin, Uniroyal Technology Corporation, stated that on December 3, 1999 four (4) members of the Council visited the Uniroyal facility. At that time Council President Coleman encouraged him to invite the other Council members to visit. It was his understanding that this was the alternative to coming to the afternoon committee meeting and it was not his intention to not attend the meeting and any misunderstanding was his fault. Further, Mr. Elgin stated that the tax abatement involves nine thousand eight hundred dollars ($9,800.00) a year. He noted that they are not asking for the tax abatement to save this amount of money but they are committed to a change and want to be proactive in the community. He agrees that Uniroyal has a lousy reputation and he would like to change that. He further indicated that they have spent a substantial amount of money in cleaning up a brown field which they acquired as their property was formerly the Fuller O'Brien plant. Councilmember Varner noted that he did have a concern that Mr. Elgin was not present at the committee meeting this afternoon. Further, he wondered if whether the contractor which they hired were in St. Joseph County would that have made a difference and he was informed that it would have. Therefore, he tried to narrow down the real issue. He knows that Ancon Construction has built buildings in the Blackthorn area. He stated that the purpose of a tax abatement is not to reward someone but to bring up the assessments on the tax rolls. Councilmember Varner noted that Uniroyal has made contributions to South Bend and he would encourage them to do so and he will be supporting this Resolution. Councilmember Pfeifer stated that she was delighted to see Uniroyal move into the City and employ people from the community. However, she noted that she is not pleased that they have hired non- union and was very disappointed that they did not attend the afternoon committee meeting. She stated, however, that the purpose of tax abatement is to encourage businesses and she will be supporting this Resolution. She asked for a report of the number of union workers that will be working on this project. Mr. Faust informed Councilmember Pfeifer that some of the work will begin in the Spring with the subcontractors selected in March. Councilmember Kelly stated that Uniroyal is obviously creating jobs in our community. He realizes that Uniroyal has a lousy reputation but he believes in fairness and he will be supporting this tax abatement and he hopes that Uniroyal will become a good corporate citizen. Councilmember Sniadecki noted that at the last Council meeting he voted against the tax abatement for Uniroyal which was a very considered vote. He noted that Uniroyal left a community without benefits and he cannot support a tax abatement for such an entity. RECESS Upon a motion made by Councilmember Varner, seconded by Councilmember Kelly and carried by a voice vote of eight (8) ayes, a five (5) minute recess was called at 8:45 p.m. MEETING RECONVENED The Common Council of the City of South Bend reconvened at 8:50 p.m. with nine (9) Councilmembers present as Councilmember Hosinski has now joined the meeting. Councilmember Ujdak stated that by state statute the Council is required to look at its tax abatement REGULAR MEETING DECEMBER 13, 1999 rules and they have not done this review recently. This abatement could be a test case for the Council to review the whole tax abatement process which is overdue. He asked how local labor is defined? He asked the Community and Economic Development Committee in 2000 to look at requirements and perhaps some type of internal tracking record with the contractors filling out forms. The percentage of local citizens used would equal the percentage of the tax abatement. He noted that perhaps the Council is holding Uniroyal to higher standards and they need to look at what the purpose of tax abatements are and not let so many years go by before a review is completed. He noted that he will not be supporting this tax abatement. Councilmember Hosinski indicated that he had no comments to make on this issue. Council President Coleman noted that Councilmember Ujdak's comments were well taken and the Council needs to look at the tax abatement ordinance. His comment is that there is a standard being imposed on Uniroyal that is higher than others that have received tax abatement and have used contractors from outside of St. Joseph County. He noted that Uniroyal does deserve some of the trashing that it has received. However, the Council is faced this evening to fairly discharge their duties in the granting of this abatement. He noted that he has seen the tax abatement ordinance reviewed and reshaped but the Council now needs to review it again. He noted that this is a fundamental question of fairness that the Council uphold the same standards for this petitioner as they have others in the past. He further noted that he is not inclined to make a change in how the Council currently provides abatement solely for this one petitioner and the standards must be uniform. Councilmember Pfeifer made a motion to adopt this Resolution. Councilmember Varner seconded the motion which was defeated by a roll call vote of four (4) aye votes by Councilmembers Pfeifer, Kelly, Varner and Coleman and five (5) nay votes by Councilmembers Aranowski, King, Ujdak, Hosinski and Sniadecki. RESOLUTION NO. 2819-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1202 SOUTH LAFAYETTE BOULEVARD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR PTD PROPERTIES, INC. (BRASS EAGLE FAMILY BILLIARDS, INC.) WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common council of the City of South Bend, Indiana requesting that the area commonly known as 1202 South Lafayette Boulevard, South Bend, Indiana, and which is more particularly described as follows: PARCELI Lots 18 and 19 of Stoll's First Addition in the City of South Bend, Indiana PARCEL II Lot 17 and North 44 feet of Lot 16 of Stoll's First Addition in the City of South Bend, Indiana and which has Key Numbers 18- 8004 -0162 and 18- 8004 -1064, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et. sea•,and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et. se q., REGULAR MEETING DECEMBER 13, 1999 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 that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et. seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality ofbenefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petitioner for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana REGULAR MEETING DECEMBER 13, 1999 Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. Thomas F. Lewis, III, 1800 City Center, 211 West Washington Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Lewis advised the Council that PTD Properties, Inc. provides recreation for the entire family. This rehabilitation project will consist of enclosing a dock to enlarge the family recreation area, installation of bowling lanes and pool tables and improvements to the second floor of the building to expand the recreation area. The proj ect will also include parking lot repaving and improvements and lot acquisition. The estimated cost of the project is four hundred ninety -five thousand dollars ($495,000.00). It is estimated that this project will create eight (8) new permanent jobs within the first year representing a new annual payroll of one hundred fourteen thousand four hundred dollars ($114,400.00) and will maintain four (4) existing permanent full -time jobs and three (3) part-time jobs representing an annual payroll of ninety -three thousand six hundred dollars ($93,600.00). This building was an industrial warehouse and is being converted to commercial use. The purpose of the rehabilitation is to expand the operation of the business to expand its customer base and make it a desirable facility for customers to attend. They believe tax abatement is appropriate for this project and it will be of a substantial benefit to the community. This tax abatement will provide the needed cash flow that they need. Mr. Ted Merin, 1202 South Lafayette Boulevard, South Bend, Indiana, owner of the property, addressed the Council and noted that this business started in 1996 as the Pool Table Doctor. Mr. Merin submitted to the Council photographs of the business and stated that they have a creed of respect to which he expects all people to adhere. He noted that he has invested two hundred thousand dollars ($200,000.00) in remodeling. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Hosinski seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION 2820 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 814 SOUTH MAIN STREET, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR RINK RIVERSIDE PRINTING, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 814 South Main Street, South Bend, Indiana, and which is more particularly described as follows: REGULAR MEETING Exhibit A DECEMBER 13, 1999 PARCEL I: All of Lots Numbered One Hundred Nine (109) and One Hundred Ten (110) as shown on the recorded Plat of Daniel Garst's 1" Addition to South Bend city, now within and a part of the City of South Bend, together with the East Half of the vacated alley lying West and adjacent to said Lot 110 and also together with the North Half of Tutt Street lying South and adjacent to said Lots 109 and 110. PARCEL II: All of Lots Numbered Two Hundred Fifty -seven (257) and Two Hundred Fifty -eight (25 8) as shown on the recorded Plat of Daniel Garst's Subdivision of a part of his 1St Addition to South Bend City, now a part of the City of South Bend, together with the North Half of vacated Tutt Street lying South and adjacent to said Lot 258 and also together with the West Half of the vacated alley lying East of and adjacent to said Lots 257 and 258. PARCEL III: All of Lots Numbered Two Hundred Eleven (211) and Two Hundred Twelve (212) as shown on the recorded Plat of Daniel Garst's 1St Addition to South Bend City, now within and a part of the City of South Bend, together with the East Half of the vacated alley lying West of and adjacent to said Lot 211; also together with the South Half of vacated Tutt Street lying North and adjacent to said Lots 211 and 212. PARCEL IV: Beginning at the Northwest corner of Lot 220 in Garst's First Addition to South Bend City now within and a part of the City of South Bend, Indiana, as recorded in Plat Book 3, page 41 in the Office of the Recorder of St. Joseph County, Indiana, said beginning point being the intersection of the South line of said vacated 14 foot alley with the East right =of -way line of Main Street as it existed on January 27,1988; thence North 0 degrees 00 minutes 00 seconds East (bearing assumed) along said East right -of -way line of Main Street, a measured distance of 52.13 feet to the South line of the North 30.00 feet of said Lot 260; thence North 89 degrees 57 minutes 40 seconds East along said South line and parallel with the North line of said Lot 260, a measured distance of 200.37 feet to the East line of Lot 212 in Garst's First Addition; thence South 00 degrees 10 minutes 21 seconds West along the East line of said Lot 212 a measured distance of 51.93 feet to the Northeast corner of Lot 213 in said Garst's First Addition being also the Southeast corner of a 14 foot alley vacated by Vacation Resolution 3444, thence South 89 degrees 56 minutes 20 seconds West along the South line of said vacated 14 foot alley a measured distance of 200.25 feet to the place of beginning PARCEL V: All of Lots Numbered Two Hundred Thirteen (213), Two Hundred Fourteen (214), Two Hundred Fifteen (215), Two Hundred Sixteen (216) and the East 10 feet of Lot Numbered Two Hundred Seventeen (217), all as shown on the recorded Plat of Daniel Garst's 1" Addition to South Bend City, now within and a part of the City of South Bend, EXCEPTING THEREFROM the South 25 feet thereof. PARCEL VI: All of Lots Numbered Two Hundred Eighteen (218), Two Hundred Nineteen (219), and Two Hundred Twenty (220) and the West 15 feet of Lot Numbered Two Hundred Seventeen (217) all as shown on the recorded Plat of Daniel Garst's 1st Addition to South Bend City, now within and a part of the City of South Bend, EXCEPTING THEREFROM the South 24.5 feet thereof. PARCEL VII: Lot Numbered One (1) as shown on the recorded Plat of Studebaker Corridor First Minor Subdivision recorded November 19, 1992 in the Office of the Recorder of St. Joseph County, Indiana as Document Number 9243312, said lot including the South Half of that portion of vacated Tutt Street lying North of and adjacent to Lot 259 as shown on the recorded Plat of Daniel Garst's Subdivision of part of his First Addition to South Bend. And which has Key Numbers: REGULAR MEETING 18- 3041 -1586 18- 3041 -1583 18- 3042 -1631 18- 3042 -1621 18- 3042 -1630 DECEMBER 13. 1999 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et sea., and, WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et se q., 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. REGULAR MEETING DECEMBER 13. 1999 SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmeniber Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. Michael S. Rink, President, Rink Riverside Printing, Inc., 814 South Main Street, South Bend, Indiana, residing at 15467 Tabor Hill Ct., Granger, Indiana, made the presentation for this Resolution. Mr. Rink stated that personal property tax abatement is requested for property acquisition. Rink Riverside Printing, Inc. is a commercial printer serving advertising agencies and the local manufacturing sector with printed literature needs. Their project calls for the acquisition of a new six (6) color forty foot (40') Komori Lithrone offset printing press a two (2) color twenty -eight foot (28') Komori Sprint offset press and a new Fuji Sumo 8 -up recording device and scanner. The estimated cost of the equipment is two million two hundred thousand dollars ($2,200,000.00). It is estimated that the project will create six (6) new permanent jobs within the first year representing anew annual payroll of one hundred eighty thousand dollars ($180,000.00) and will maintain thirty - five (3 5) existing permanent full -time jobs and no part-time jobs representing an annual payroll of one million one hundred thousand dollars ($1,100,000.00). In conclusion, he noted that Rink Riverside Printing is moving into the building formerly occupied by Shaffer Gear Works. 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 Hosinski made a motion to adopt this Resolution. Councilmember Sniadecki seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 99-126 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TERMINATING THE TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR BANGOR REFRIGERATION CORPORATION (NOW KNOWN AS KYSOR/WARREN) Councilmember Kelly made a motion that this bill be continued until the January 24, 2000 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 2821 -99 A RESOLUTION OF THE CITY OF SOUTH BEND TO PROVIDE SOME PENSION RELIEF TO CITY EMPLOYEES, INCLUDING MEMBERS OF THE POLICE OFFICERS AND FIREFIGHTERS' PENSION AND DISABILITY FUND REGULAR MEETING DECEMBER 13, 1999 WHEREAS, in 1977 the State of Indiana established the 1977 Police Officers and Firefighters Pension and Disability Fund and all South Bend firefighters and police officers hired since that date participate in and are members of such 1977 fund in addition to some South Bend firefighters and police officers hired prior to 1977 who elected to convert to the 1977 fund; and WHEREAS, those South Bend firefighters hired before 1977 who did not convert to the 1977 Fund are members of the 1937 Firefighters'Pension Fund and those South Bend police officers hired before 1977 who did not convert to the 1977 fund are members of the 1925 Police Pension fund; and WHEREAS, Section 444(h)(2) of the Internal Revenue Code allows a municipality to pick up the mandatory contributions by 1977 Fund members, 1937 Fund members and 1925 Fund members. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. Effective December 18, 1999, mandatory contributions to either the 1977 Fund, the 1937 Fund, or the 1925 Fund by the employees who are members of any of these funds, will not be included in the gross income for such employees, for reporting purposes (except the Medicare portion of FICA), that is for federal, state or local income tax, withholding taxes, until distributed from the 1977 Fund, the 1937 Fund, or the 1925 Fund. 2. Employees subject to this Resolution shall not have the option to receive the contributed amounts directly instead of having them paid by the City of South Bend to the 1977 Fund, the 1937 Fund or the 1925 Fund. 3. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Dated this 13th day of December, 1999. s /Sean Coleman Member of the Common Council Councilmember Kelly made a motion that the Council consider the substitute version of this bill which corrects the title. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Ms. Susan M. Wallace, Benefits Manager, Department of Administration and Finance, County -City Building, South Bend, Indiana, made the presentation for this Resolution. Ms. Wallace indicated that this Resolution will allow the City to pretax the fire and police funds for all publicly sworn officers. This provision was passed by the Indiana State Legislature and a lot of cities are doing it. This does not apply to non - bargaining or teamster employees. A Public Hearing was held on this 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 Aranowski made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2822 -99 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, COMMON COUNCIL REGARDING THE AMENDMENT OF THE LEASE WITH THE CITY OF SOUTH BEND BUILDING CORPORATION FOR THE RENOVATION AND EQUIPPING OF THE FORMER REGULAR MEETING DECEMBER 13, 1999 O'BRIEN SCHOOL FOR USE AS A RECREATION CENTER AND PARK DEPARTMENT ADMINISTRATIVE OFFICE SPACE AND REGARDING CERTAIN RELATED MATTERS WHEREAS, the Common Council previously determined that a need exists for the renovation and equipping of the former O'Brien School for use as a recreation center and for Park Department administrative office spaces (the "Project ") and that the funds needed therefor exceeded the funds presently available to the City; and WHEREAS, the Common Council previously approved of the sale and issuance by the City of South Bend Building Corporation (the `Building Corporation ") of its lease rental revenue bonds in one or more series in an aggregate principal amount not to exceed $600,000; and WHEREAS, the Building Corporation has previously submitted to the City, and the City has previously approved and executed after a public hearing, a lease between the Building Corporation and the City (the "Lease ") upon the Project; and WHEREAS, the Building Corporation expects to sell its First Mortgage Bonds, Series 1999C (the "Bonds ") in an aggregate principal amount of $570,000.00 to LaSalle Bank National Association at a net interest cost of approximately 5.53 %, which interest rate is lower than the interest rate used to calculate the maximum lease rental under the Lease; and WHEREAS, the Common Council is desirous of amending the Lease to reduce the semi- annual lease rentals to correspond to the actual debt service as established pursuant to the terms of the bond sale; and WHEREAS, the Common Council is desirous of further amending the Lease to enlarge the Project, as the same is defined in the Lease, to include additional work which may be financed as the result of favorable bids. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. The Common Council hereby agrees to the reduction of the lease rental payments to the amount set forth in the Addendum to Lease with the Building Corporation dated December 13, 1999, presented to this meeting (the "Addendum "). 2. The Common Council hereby approved the Addendum in the form submitted to this meeting and authorizes the Mayor and City Clerk to execute and attest, respectively, the Addendum on behalf of the City, with such changes as may be necessary on the advise of counsel with the execution and attestation thereof to be evidence of such approval. 3. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. COMMON COUNCIL OF THE CITY SOUTH BEND, INDIANA By: s /Sean Coleman Member of the Common Council Mr. Phillip L. St. Clair, Superintendent of Parks, Parks & Recreation Department, 301 South St. Louis Boulevard, South Bend, Indiana, made the presentation for this Resolution. Mr. St. Clair informed the Council that this Resolution amends the current Lease with the City of South Bend Building Corporation and the LaSalle Bank of Chicago. This is a five hundred seventy thousand dollar ($570,000.00) lease that the City originally estimated it would be borrowing at a REGULAR MEETING DECEMBER 13, 1999 six per cent (6 %) interest rate. They have been able to negotiate that rate down to 5.53% for a savings of five thousand dollars ($5,000.00) a year. A Public Hearing was held on this 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 Sniadecki seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 107 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE NORTH /SOUTH ALLEY BETWEEN LAFAYETTE AND MAIN STREET FROM THE SOUTH RIGHT -OF -WAY OF THE VACATED EAST /WEST ALLEY TO A POINT WHICH IS 37.5 FEET SOUTH OF THE SOUTH RIGHT -OF -WAY OF THE VACATED EAST /WEST ALLEY TO THE SOUTH END OF THE PREVIOUSLY VACATED ALLEY FOR A DISTANCE OF 113 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN THE ORIGINAL TOWN OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on January 10, 2000. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 108 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST 12 FOOT WIDE NORTH -SOUTH ALLEY LYING WEST OF BURNS STREET, BOUNDED ON THE SOUTH BY THE NORTHERLY RIGHT -OF- WAY LINE OF SOUTH BEND AVENUE AND BOUNDED ON THE NORTH BY THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 90 AS SHOWN ON THE RECORDED PLAT OF HARTMAN & MILLER'S PLAT AS THE SAME IS RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA. SAID ALLEY TO BE VACATED IS 12 FEET IN WIDTH EAST AND WEST AND EXTENDS 194.2 FEET NORTH (AS MEASURED ALONG ITS CENTERLINE) FROM THE NORTHERLY LINE OF SOUTH BEND AVENUE TO THE END OF THE PROPOSED VACATION 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 January 10, 2000. Councilmember Ujdak seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 109-99 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON CALVERT STREET BETWEEN KLLEY AND NEW ENERGY DRIVE This bill had first reading. Councilmember Hosinski made a motion to refer this bill to the Area Plan REGULAR MEETING DECEMBER 13, 1999 Commission. Councilmember Sniadecki seconded the motion which carried by a voice vote ofnine (9) ayes. BILL NO. 110-99 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1129 SOUTH BEND AVENUE AND 1143 SOUTH BEND AVENUE, CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Hosinski made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 111-99 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1701 W. SAMPLE IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Counncilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 112 -99 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $75,000.00 FROM THE COVELESKI IMPROVEMENT FUND (FUND NO. 401) This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Parks and Recreation Committee and set it for Public Hearing and Third Reading on January 10, 2000. Councilmember Hosinski seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council. NEW BUSINESS: CELEBRATION OF CHRISTMAS, RAMADAN AND CHANUKAH Councilmember Varner informed the Council that the Islamic community has informed him that this year all during the month of December Christians will celebrate Christmas, the Islamic community will celebrate Ramadan and the Jewish community will celebrate Hanukkah. He noted that this does not happen frequently and he had hoped that the Council could adopt a Resolution acknowledging this fact but since that did not happen he just wanted everyone to know this information. BILL NOS. 99 -122 AND 99 -123 CONTINUED UNTIL JANUARY 10, 2000 Councilmember Sniadecki asked that the Council continue until January 10, 2000, Bill Nos. 99 -122 and 99 -123. Therefore, Councilmember Sniadecki made a motion to continue Bill No. 99 -122 until January 10, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Ujdak made a motion that Bill No. 99 -123 be continued until the January 10, 20000 meeting of the Council. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING DECEMBER 13, 1999 THANK YOU TO CITY CLERK'S OFFICE Council President Coleman thanked the City Clerk's office staff for all their assistance to the Council during the course of the year. THANKS TO COUNCILMEMBER PFEIFER FOR HOSTING CHRISTMAS PARTY Councilmember Varner thanked Councilmember Pfeifer for hosting a Christmas gathering at her home for members of the Council and City Clerk's office. PRIVILEGE OF THE FLOOR Mr. Dick Kessler, 1403 Oakdale Drive, South Bend, Indiana, addressed the Council regarding his concern over the Department of Code Enforcement ticketing recreational vehicle owners who park their RV's on their own property. He noted that these owners have been told to take their vehicles off their property. Not only will this cost them quite a bit to store the vehicles else where but for security purposes and convenience they would like to have the vehicles on their own property. Councilmember Hosinski informed Mr. Kessler that he has written to Ms. Kathy Dempsey, Director, Department of Code Enforcement, twice during the last six (6) weeks about this issue and she has assured him that they will be meeting in 2000 with the chairperson of the Zoning and Annexation Committee to consider this problem. Mr. Hosinski noted that the language of the ordinance is vague as it pertains to recreational vehicles. ADJOURNMENT There being no further business to come before the Council, Council President Coleman adjourned the meeting at 9:30 p.m. ATTEST: <-/O Loretta J. d , C' y C1 rk ATTEST: Sean Coleman, President 1 1 1