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HomeMy WebLinkAbout02-08-10 Common Council Meeting Minutes REGULAR MEETING FEBRUARY 8, 2010 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, February 8, 2010 at 7:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District, President Thomas LaFountain 3rd District Henry Davis, Jr. 2nd District (Late – 7:04) Ann Puzzello 4th District, Chairperson Committee of the Whole David Varner 5th District Oliver Davis 6th District, Vice-President Timothy Rouse At-Large Karen L. White At-Large Absent: Al “Buddy” Kirsits At-Large OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy City Clerk Mary Beth Wisniewski Chief Deputy 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 January 25, 2010 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember White made a motion that the minutes of the January 25, 2010 meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS ANNOUNCEMENT OF THE STATE OF THE CITY ADDRESS Council President Dieter announced that the Mayor’s State of the City Address will be held on Monday, February 15, 2010, at 6:00 p.m. at the Center Center. ANNOUNCEMENT OF REAPPOINTMENT TO THE REDEVELOPMENT COMMISSION Council President Dieter announced that Ms. Marcia Jones and Dr. David Varner have been reappointed to the Redevelopment Commission. ANNOUNCEMENT OF REAPPOINTMENT TO THE HUMAN RIGHTS COMMISSION Council President Dieter announced that Ms. Glenda Rae Hernandez has been reappointed to the Human Rights Commission. 1 REGULAR MEETING FEBRUARY 8, 2010 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:04 p.m. Councilmember Oliver Davis 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. Councilmember Puzzello, Chairperson, presiding. Councilmember Puzzello explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember Puzzello stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 06-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $142,000 RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE WEED & SEED PROGRAM Councilmember Rouse, Chairperson, Community and Economic Development Committee, reported that this Committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Ms. Pam Meyer, Director, Community Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that this bill would appropriate the second year of funding for Weed & Weed site #2 Northwest from the Department of Justice (DOJ). The grant award of $142,000 is for the period of October 1, 2009 through September 30, 2010. She stated that these funds are being used for programming related to the Weed & Seed required areas of Law Enforcement, Community Policing and, Prevention, Intervention and Treatment activities. Included in this year’s funding are police patrols, the time of a targeted prosecuting attorney, graffiti paint over supplies, Bridges Out of Poverty classes, a billboard art contest for youth, and items related to an after school program. These activities are continuing the multi-year effort for Site #2. Councilmember Rouse asked when the next proposal and discussion is going to take place if and when there is money that becomes available for the Weed & Seed Program. Ms. Meyer stated that they would begin to prepare the actual application in the next coming weeks and the actual application is due sometime mid March. Councilmember Rouse stated that there was some discussion during the Community and Economic Development Committee Meeting that the deadline is coming up quickly and wondered how it can be addressed with a grass roots effort to inform the public and get the information regarding this grant out there. Ms. Meyer stated that the way that the Weed & Seed Program is structured is that there is a steering committee which is a requirement of the program and dictates pretty much who in terms of position sits on this committee. She noted that there are people from various neighborhood groups, churches, agencies or others who have activities within the Weed & Seed Area who also sit on this committee. She stated that there are also subcommittees that are required and have other people who are residents of the area that are not on the steering committee who are involved in this process. Ms. Meyer stated that the way that it is supposed to work is that those people are vehicles and are to report back to their various organizations to pass on that kind of information. She noted that the Weed & Seed Program is a very structured program and that there are only certain kinds of activities that can be applied for. She stated that many people come to the meeting and think that the weed & seed money can be used to rehab a house or make improvements to 2 REGULAR MEETING FEBRUARY 8, 2010 a neighborhood similar to those projects that CDBG monies are used for. Although neighborhood restoration is a required component of the program and have to report back what the community is doing, we still can’t use any of the weed & seed funds to do that. So what they do is show what the City is doing with other funding that is being targeted into the weed & seed area. Ms. Meyer stated what that they can begin to do is begin to send the quarterly reports to Councilmember’s Henry Davis and Derek Dieter because those are the two targeted districts for weed & seed funds. She stated that they give notification to the members of the steering committee when the meetings are and was not sure if those members were going back to their various organizations and informing them. She stated that unless they really ratchet up the kinds of community engagement that they do for this kind of structured application process that there is any other way in the period of time that they are given to advise people of what they are going through. She stated that primarily you are continuing programs because they assume that a program doesn’t just start and stop within a 12 month program. She stated unless there is something with that program that did not work. She stated that they are always extending st the program and now running until May 31, they still have activities and outcomes that will occur beyond the point of which is being reported on and makes it kind of a complicated application to report on because you are reporting on things that are not yet completed. She stated that in previous years they were asked to create or suggests new types of programs that might come in to play or new types of focuses based on the distressed criteria mostly crime related criteria. So when you see the kinds of seeding types of programs that are being talked about they are supposed to go back to the kinds of crimes and activities that are happening in the area and try to help and deter people from doing that and be at least one aspect of deterrence. Councilmember Rouse stated that this sounds like a freight train running down the middle of the street. He stated that what it sounds like to him is that these programs have been in place for years and it is a freight train running down the street if it doesn’t work get out of the way. He stated that he and Councilmember Henry Davis have constituents that look to them for answers as to how these funds are being spent. He stated that these constituents do not know who is on the steering committee all they know is that they look to their Council representative to get the answers. Ms. Meyer advised that if Councilmember’s have constituents that have concerns to share those names and she would be happy to call them. She would be happy to have the steering committee call them, if they are members of neighborhood organizations where they have representatives on that, and then they can call that out at a meeting. She stated that she has always been one to ask the members of the steering committee to report back because they are the messengers to the various neighbors and neighborhood organizations and if they are not doing their job then there is going to be a problem. She stated that if there are people who are expressions concerns and they don’t know whose those people are then they cannot address those concerns properly. Councilmember Henry Davis stated that he understands what Ms. Meyer is saying, but it just doesn’t work like that. He stated that as elected officials they are charged with so many different things that going to the grocery store or church can be a task. He stated that they are asked so many different kinds of questions and sometimes asked questions that they don’t even know is happening in the city or district beyond what is being reported in the newspaper, the internet, beyond the different types of sources of communication that are at their access. He gave an example of being asked about something that was happening on Sunnymede which happens to be in Councilmember LaFountain’s district. He stated that things like that come up, not very often but they do happen. He stated that passing along names to have someone else contact the Councilmember’s constituents is a poor way of communication that information back. He stated that he prefers to have that information and to relay or communicate that information back into the community and to the constituents who elected him to represent them. He feels that this would be a more streamline approach to answering and serving those constituents who elected them. He noted to Ms. Meyer that he believes that she is very knowledgeable in her job, but the part of communicating needs improvement. 3 REGULAR MEETING FEBRUARY 8, 2010 Councilmember Dieter noted that under the community section there are six (6) vacant spots on the steering committee. He stated that he along with Councilmember Henry Davis would like to become members. Ms. Meyer stated that they could just make them members and will do so. She noted that the next Meeting is Thursday, February 25, 2010 at 5:30 p.m. She stated that she is not exactly sure of the location but will e-mail that information to Councilmember’s Dieter and Henry Davis. Councilmember Puzzello asked is the weed & seed funding could be used for Parks or programs at the park. Ms. Meyer stated that assuming that the project is for youths, they had done that in prior years. She noted that they have done soccer programs and sports related programs for youth and tied them to parks. She stated that they had done some improvements at Pulaski Park but noted that they were some other matching grants involved and purchasing bleachers, but they were not permanent. She stated that she believe the issue is that if you do something and that it stays at a certain facility meaning permanent and it is a city facility it goes back to the federal requirement of maintaining a city facility and it depends on what the item was. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Dieter disclosed that he is a member of the South Bend Police Department and after discussion with Council Attorney Kathleen Cekanski-Farrand a conflict exists and he will be abstaining from voting on this bill. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Rouse made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. RISE AND REPORT Councilmember Varner made a 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: ATTEST: _________________________ _________________________ John Voorde, City Clerk Ann Puzzello, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:17 p.m. President Derek D. Dieter presided with eight (8) members present. 4 REGULAR MEETING FEBRUARY 8, 2010 BILLS – THIRD READING ORDINANCE NO. 9998-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $142,000 RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE WEED & SEED PROGRAM This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Rouse seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and one (1) abstention (Councilmember Dieter) RESOLUTIONS RESOLUTION NO. 4011-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3371 CLEVELAND ROAD, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: (3371 Cleveland Road, South Bend, Indiana) In order to permit: The approval of a Special Exception as allowed under Section 21-04.01 (2) (A) of the City of South Bend Zoning Ordinance to allow for a Bottled Gas Storage and Distribution facility for property located at 3371 Cleveland Road, South Bend, Indiana per Section 21- 04.01 (2) (A) of the City of South Bend Zoning Ordinance. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 5 REGULAR MEETING FEBRUARY 8, 2010 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Oliver Davis, Vice-Chairperson, Zoning and Annexation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Mark Lyons, Assistant Zoning Administrator, Building Department, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is requesting a Special Exception to allow a bottled gas storage and distribution facility on the property located at 3371 Cleveland Road. He stated that the Area Board of Zoning Appeals held a public hearing on this bill on January 6, 2010 and send this bill to the Common Council with a favorable unanimous recommendation. Mr. Michael Danch, President, Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill on behalf of the estate of Mr. Paul Markley. Mr. Danch advised that the petitioner is seeking a Special Exception to allow a bottled gas storage and distribution facility on the property located at 3371 Cleveland Road. He stated that a carbon dioxide tank is to be located at the Northwest corner of Deal Court and Cleveland Road. Mr. Danch noted that the site plan shows where the tank will be located on the west side of the property and screened with vinyl fencing and evergreens per the Board of Zoning Appeals. Mr. Danch also noted that they have an agreement with the Board of Zonings Appeals and at such time when the lease expires for NUCO2, the lessee, the tank would be removed from the property. A Public Hearing will be 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 White made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 6 REGULAR MEETING FEBRUARY 8, 2010 RESOLUTION NO. 4012-10 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 850 S. MARIETTA STREET, SUITE 300 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ENDEAVOR MACHINED PRODUCTS, 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 850 S. Marietta Street, Suite 300, South Bend, Indiana, and which is more particularly described as follows: Lot lettered “Q” as shown on the recorded plat of Monroe Sample Replat, recorded January 31, 1990, as document number 9002533 in the Office of the Recorder of St. Joseph County, Indiana and which has Tax Key Number 71-08-12-454-003.000-026 presently, 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 remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et 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/Derek D. Dieter Member of the Common Council Mr. Jim Duszynski, President, Endeavor Machined Products, 850 S. Marietta, Suite 300, South Bend, Indiana, made the presentation for this bill. 7 REGULAR MEETING FEBRUARY 8, 2010 Mr. Duszynski advised that Endeavor Machined Products, Inc. is a new start-up company that plans to begin production in the near future. He stated that they will manufacture precision machined parts for the wind power, petroleum exploration, aerospace and orthopedic industries. The equipment the company intends to procure will be used to manufacture prototype parts to demonstrate their design and production integrity in order to eventually release them for production at the company. The company will fabricate the parts based on their clients’ designs. The equipment to be purchased includes a CNC five axis machining center, a CNC lathe, coordinate measuring machine, general shop equipment, software, computers, office furniture, inspection equipment, a fork lift and an air compressor. The total cost of the equipment is estimated to be $437,500. He noted that total taxes to be abated during the five (5) year abatement period are estimated at $17,618. Total additional taxes to be paid as a result of the project during the five (5) year abatement period are estimated at $12,493. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 10-06 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 7055 CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PATTERSON LOGISTICS SERVICES INC. BILL NO. 10-07 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 7055 CLEVELAND RD. AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR PATTERSON LOGISTICS SERVICES, INC. Councilmember Puzzello made a motion to combine these bills for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 4013-10 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 7055 CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PATTERSON LOGISTICS SERVICES 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 8 REGULAR MEETING FEBRUARY 8, 2010 Bend, Indiana, requesting that the area commonly known as 7055 Cleveland Road, South Bend, Indiana, and which is more particularly described as: Lot numbered Two (2) as shown on the recorded plat of Kidder’s Olive Road Minor Subdivision, recorded April 17, 1998 as Document Number 9818752 in the Office of the Recorder of St. Joseph County, Indiana. and which has Key Number 71-03-19-300-003-000-009 or 025-1011-018601, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council 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 seq., that: a. the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that 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. 9 REGULAR MEETING FEBRUARY 8, 2010 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; provided however, the Petitioner may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6-1.1-45 for the same property. 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/Derek D. Dieter Member of the Common Council RESOLUTION NO. 4014-10 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 7055 CLEVELAND RD. AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR PATTERSON LOGISTICS SERVICES, 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 7055 Cleveland Rd., South Bend, Indiana, and which is more particularly described as follows: Lot numbered Two (2) as shown on the recorded plat of Kidder’s Olive Road Minor Subdivision, recorded April 17, 1998 as Document Number 9818752 in the Office of the Recorder of St. Joseph County, Indiana. and which has Key Numbers 71-03-19-300-003-000-009 or 025-1011-018601, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council 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. 10 REGULAR MEETING FEBRUARY 8, 2010 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 or 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 of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, 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 § 6-1.1-12.1-3. 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 up to eight (8) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council 11 REGULAR MEETING FEBRUARY 8, 2010 Mr. Chuck Lea, Distribution Operations Manager, Patterson Logistics Services, Inc., 7055 Cleveland Road, South Bend, Indiana, made the presentation for these Resolutions. Mr. Lea advised that Patterson Logistics Services, Inc. operates distribution facilities for the company’s medical, dental and veterinary divisions. He stated that they are proposing to purchase an existing 208,000 square foot warehouse/distribution center that is only partially occupied. He stated that they are proposing to construct physical improvements including mechanical and electrical upgrades plus 10,000 square feet of new office and supporting spaces necessary to support planned operations and install logistical equipment to set up the building as a distribution center. He noted that the existing building has a seven-year tax abatement on it that they intend to assume. He stated that the logistical equipment to be purchased includes racking, conveying equipment, server equipment, cabling and security equipment. The cost of equipment is anticipated to be up to $9,000,000. The project’s total cost is estimated at up to $19,500,000 which includes the purchase of the existing building. A Public Hearing was held on these Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Puzzello made a motion to adopt Bill No. 10-06. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. Councilmember Varner made a motion to adopt Bill No. 10-07. Councilmember Rouse seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS – FIRST READING BILL NO. 07-10 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF AN ALLEY KNOWN AS ALLEN’S ALLEY TO BE VACATED IS DESCRIBED AS FOLLOWS: THE FIRST EAST/WEST ALLEY NORTH OF WASHINGTON STREET, RUNNING WEST FROM MICHIGAN STREET TO THE FIRST NORTH/SOUTH ALLEY KNOWN AS WOODWARD COURT FOR A DISTANCE OF 165 FEET, MORE OR LESS, AND A WIDTH OF 5 FEET. SAID 5 FOOT PIECE BEING TAKEN OFF OF THE SOUTH SIDE OF SAID ALLEY This bill had first reading. Councilmember Puzzello 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 February 22, 2010. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 08-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $27,934.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND FOR THE NECESSARY PLASTER CEILING REPAIRS, CEILING DÉCOR PAINTING REPAIRS, REACHMASTER LIFT RENTAL AND WELDING REPAIRS, FUND NUMBER 416 12 REGULAR MEETING FEBRUARY 8, 2010 Councilmember White made a motion to accept the substitute bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Rouse made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on February 22, 2010. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 09-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $40,000 FROM CENTRAL SERVICES FUND 222 TO INSTALL EMISSION CONTROL DEVICES ON CITY DIESEL TRUCKS 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 February 22, 2010. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 10-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $125,000.00 FROM THE NONREVERTING LOSS RECOVERY FUND (#227) IN 2010 FOR VARIOUS EXPENDITURES This bill had first reading. Councilmember LaFountain made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on February 22, 2010. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS Councilmember Henry Davis advised that he along with members of Companies on the Journey are sponsoring a Bowl-A-Thon for Relief Efforts for Haiti, on Saturday, February 28, 2010 from 11:00 a.m. until 3:00 p.m. at Chippewa Bowl, 225 W. Chippewa Av., South Bend, IN 46614. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time. 13 REGULAR MEETING FEBRUARY 8, 2010 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 7:40 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 14