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HomeMy WebLinkAbout07-12-10 Common Council Meeting Minutes REGULAR MEETING JULY 12, 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, July 13, 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 Henry Davis, Jr. 2nd District Ann Puzzello 4th District, Chairperson Committee of the Whole David Varner 5th District Al “Buddy” Kirsits At-Large Timothy Rouse At-Large Karen L. White At-Large Absent: Thomas LaFountain 3rd District Oliver Davis 6th District, Vice-President 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 June 28, 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 Henry Davis made a motion that the minutes of the June 28, 2010 meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS Council President Dieter asked for a moment of silence for the passing of Council Member Oliver Davis’ mother. Council President Dieter noted that the Council has received notice from the Petitioner’s of Bill Nos. 30-10; 10-28 and 10-29 to continue these bills until the July 26, 2010 meeting of the Council. REPORTS OF CITY OFFICES Rebecca Bonham, Executive Director, Studebaker National Museum, Inc., thanked the Council for this opportunity to give an update on the museum tonight. She stated that the Museum has been in its current location for almost five (5) years now. She noted that there were several members of the staff in the audience tonight. Ms. Bonham introduced Mr. Mark McDonald, President, Studebaker National Museum, who will be making the presentation this evening. Mr. McDonald stated that he is here tonight representing the Board of Trustees of the Studebaker National Museum. Mr. McDonald reported that they are one of two national museums in town and very proud of that fact. He passed out 1 REGULAR MEETING JULY 12, 2010 packets of information to the Council and filed with the City Clerk’s Office, a booklet entitled Studebaker Bros. Studebaker’s National Treasurers “The Original Collection.” A five-year conservation project was undertaken by the Studebaker National Museum to preserve it eight National Treasurers. He stated that it was administered by the National Park Service, the National Endowment for the Arts, the National Trust for Historic Preservation, the National Endowment for the Humanities, the Institute of Museum and Library Science, and President’s Council on the Arts. Mr. McDonald stated that in 2004, the Studebaker National Museum received a Save America’s Treasures grant to conserve eight vehicles in the museum’s collection. The Save America’s Treasures program’s mission is to protect “America’s threatened cultural treasures, including historic structures, collections, works of art, maps and journals that document and illuminate the history and culture of the United States.” The matching granted designated eight museum vehicles as “National Treasures” and awarded $368,900 towards their conservation. The eight “National Treasures” are The Marquis de Lafayette’s Barouche, President Grant’s Landau, President McKinley’s Phaeton, The Columbian Exposition Wagon, President Lincoln’s Barouche, President Harrison’s Brougham, The Centennial Wagon, and “Peg” The Backward-Forward Car. These vehicles are part of the Studebaker National Museum’s “Original Collection” which consists of the thirty-seven vehicles given by the Studebaker Corporation to the City of South Bend following Studebaker’s closing in early 1966. The ‘Original Collection” is the nucleus of the Studebaker National Museum, and remains part of the collection today. He stated that it is important to differentiate between conservation and restoration. White a restoration strives to make things “as new,” conservation stresses preservation and stabilization. Originality is paramount, and replacement materials are employed only when originals are too deteriorated to be saved. The conservation treatment was carried out by B.R. Howard & Associates of Carlisle, Pennsylvania. During the five-year project both structural and cosmetic issues were addressed. Each vehicle had been the recipient of several well-intentioned “freshenings” over the years, but in many cases this proved to be detrimental. As a result of this project, details thought lost forever have been revealed and surfaces and finishes hidden for decades are visible once again. Most importantly, these “National Treasurers” are now preserved for generations to come. He noted that the museum has received full accreditation with the American Association of Museums which was quite an arduous task and took two and half years to complete but are fully accredited and are one of the few museums in the State of Indiana that are accredited. He noted that they continue to dazzle the visitors with new exhibits and attendance is up over 20% from last year. He stated that when the economy went down things bottomed out, but are bouncing back. He attributes that to by being creative and hosting different kinds of events at the museum. He stated that they would like to host a daytime or evening time reception to show the Council first hand this collection and tour the museum. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:17 p.m. Councilmember Henry Davis made a motion to resolve into the Committee of the Whole. Councilmember White 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. 24-10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 850 FELLOWS STREET, SOUTH BEND, INDIANA 46601-3121, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 2 REGULAR MEETING JULY 12, 2010 Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee met this afternoon on this bill and sends it to the Council with no recommendation due to a lack of a quorum. th Mr. Derek Spier, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Spier advised that the petitioner is seeking a zone change from LI Light Industrial District to GI General Industrial District to allow a wrecker service. On site is an existing two-story warehouse structure and one outbuilding. To the north is a heat treating and brazing processing company zoned LI Light Industrial District. To the east is a vacant lot and a tile contractor zoned LI Light Industrial District. To the south is the Penn Central rail line. To the west is an excavating and demolition contractor zoned LI Light Industrial District. The total area is approximately 2.3 acres. The existing buildings cover approximately 17,030 square feet or 17% of the site. Eight parking spaces are provided and together with the other paved parking areas cover 2,000 square foot or 2% of the site. The remaining 81% of the site is open space consisting of vegetated landscaped areas, outdoor storage areas, and a proposed storm water retention basin. Variances were granted by the Board of Zoning Appeals for reduced front and side yard setbacks for the existing buildings and from all required landscaping. Slats will be added to the existing chain link fence. According to agencies historical zoning maps, the property was zoned D Light Industrial prior to the 2004 update of the City Zoning Ordinance. The 1966 aerial shows this site and the property to the west as being industrial or vacant while the properties to the north and east were largely residential. However, between 1971 and 1986, all the adjacent properties were converted to industrial uses as apart of the Monroe Park Industrial Park development. The existing structures have been located upon this site since approximately 1945. The Department of Community and Economic Development referred this site to the petitioner as a possible location for relocating Bestway Towing from its current site at 1530 South Walnut Street. This recommendation was made after the petitioner sought to relocate to 1313 Prairie Street, which is located immediately to the west of the Ignition Park development site. Therefore, the Department of Community & Economic Development recommends in favor of the rezoning subject to the provisions of adequate screening. Type B landscaping is recommended, at a minimum, along both Rush Street and Fellows Street. He noted that the County Surveyor, County/City Building Department and City Engineering Department had no comment. The most desirable use for the site is industrial since it lies within the Monroe Industrial Park, an area consisting of primarily light industrial and manufacturing uses. Even though the intended use and proposed GI General Industrial District zoning classification allows for more intensive uses, the proposed wrecker and towing service is not out of character with the area and adjacent uses. The rezoning will allow an adaptive reuse of a prior industrial property and will assist in establishing a productive use for an underdeveloped property. Although the proposed use is more intense than those allowed in the current LI Light Industrial District, a wrecker and towing business will not be out of character with the existing adjacent uses. The prior use of the site included a large amount of outdoor storage similar to amount of outdoor storage being proposed. The nearest residential uses are located north of Bronson Street and are buffered from the site by less intense light industrial uses. The Area Plan Commission held a public hearing on June 15, 2010 and sends this bill to the Council with a favorable recommendation. Mr. David Mirkin, Attorney at Law, 112 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill on behalf of his client Mr. Todd Stul, the contingent purchaser. He stated that the purpose of this rezoning is to comply with the requirements of the applicable zoning ordinance. When one wishes to have a towing business, it is referred to as a wrecker service under the current zoning ordinance. To get a wrecker service, you have to have it in an area that is zoned for heavy industrial use not the light industrial use that it currently has. He stated that the will be back tonight a little later in the agenda to get the special exception that is also required. He stated that his client’s business is Bestway Towing. He noted that this is not a company that tows wrecked vehicles and stores them for large periods of time on the lot until the parts are sold off like a junk yard. This company tows for the City of South Bend when called that it has a 3 REGULAR MEETING JULY 12, 2010 problem vehicle that needs to be impounded. This happens when a vehicle is illegally parked or there has been an accident and the streets need to be cleared. He stated that if the vehicle is in good shape, the owner is there the next day, pays and takes it away. The same occurs with a wrecked vehicle, the insurance company does not want to incur long term storage charges either. He stated that they need a place to tow vehicles and store them for a brief period of time before the owners come and pick them up. This being the time heretofore set for the Public Hearing on the above bill, the proponents and opponents were given an opportunity to be heard. Councilmember Henry Davis asked the petitioner what he thought of the rezoning process. Mr. Mirkin stated that he felt that the City was very helpful. Councilmember Dieter asked approximately how many cars to they impound a month and approximately how long do they keep them if they are unclaimed. Mr. Todd Stul, 54674 Drummer Ct., Osceola, Indiana, advised that he impounds approximately 15 to 25 vehicles a month. Mr. Stul stated that if a vehicle is unclaimed it st can be legally sold after the 31 day. He stated that he keeps them from 30 to 45 days. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kirsits made a motion for favorable recommendation as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 34-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $75,000 FROM THE LOSS RECOVERY FUND (#227) TO PAY FOR AN ENGINEERING STUDY FOR THE SOUTH BEND WASTE WATER UTILITY Councilmember Kirsits, Vice-Chairperson, Utilities Committee, reported that this committee met this afternoon on this bill and sends it to the Council with no recommendation due to a lack of a quorum. th Mr. Gary Gilot, Director, Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana advised that this bill would allow for the appropriation of $75,000 with the Loss Recovery Fund #227. He stated that a study is necessary for the purpose of evaluating solutions for removing oxidized arsenic from the back wash water at Edison Filtration Plant, the North Station Filtration Plant, and the Pinhook Filtration Plant. He stated that arsenic is commonly found in this area of Indiana particularly in groundwater with higher iron and manganese concentrations. The arsenic is oxidized and removed with the iron and manganese at these three filtration plants. The Wastewater Treatment Plant has unacceptable levels of arsenic in their sludge and the source is our backwash water. The Water Utility released a Statement of Qualifications (SOQ) document to six engineering firms with water treatment experience. After an extensive evaluation process, they have selected a firm with previous experience with an identical project. Mr. Gilot stated that he would file a final copy of the engineers report with the Council. 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 Henry Davis asked if the water could be dangerous to drink if it isn’t treated. Mr. Gilot stated that the drinking water is perfectly safe. He stated that a higher concentration was only found in the sludge. 4 REGULAR MEETING JULY 12, 2010 Councilmember Dieter asked when this was discovered. Mr. Gilot advised that the problem unmasked it self when they were treating the solid’s that the Ethanol Plant was discharging into the sewer and causing an odor. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 35-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TECHNICALLY AMENDING THE 2010 CALENDAR YEAR NON- BARGAINING EMPLOYEES SALARY ORDINANCE #9959-09 TO REINSTATE ORIGINAL ATTACHMENT Councilmember White, Vice-Chairperson, Personnel & Finance Committee reported that this committee met this afternoon on this bill and sends it to the Council with no recommendation due to a lack of a quorum. th Mr. Gregg Zientara, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Zientara advised that it was recently brought to his attention that the attachment to the 2010 Non-Bargaining Employee Salary Ordinance #9959-09 did not include four City job positions. On September 28, 2009, a substitute version of Bill #9959-09 was filed with the Council which was solely intended to add the new “Director-Energy Conservation” position. Regrettably, it now appears that the attachment listing that new position, inadvertently deleted the four City personnel positions which had been included in the originally filed ordinance. 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 Rouse questioned what fund these positions were paid out of from September 2009 until present. Mr. Zientara stated that they were paid out of the general fund. Councilmember Henry Davis asked if the Director-Energy Conservation position had been filled. Mr. Zientara stated that the position was offered to three individuals of which all three declined the position. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. 5 REGULAR MEETING JULY 12, 2010 BILL NO. 36-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $300,000 OUT OF SEWAGE WORKS CAPITAL FUND (#642) TO PAY COSTS ASSOCIATED WITH UPGRADE OF A RAW SEWAGE PUMP REQUIRED TO MEET PERMIT REQUIREMENTS AT THE WASTEWATER TREATMENT PLANT Councilmember Kirsits, Vice-Chairperson, Utilities Committee, reported that this committee met this afternoon on this bill and sends it to the Council with no recommendation due to a lack of a quorum. Mr. Jack Dillon, Director, Environmental Services, 3113 Riverside, Drive, South Bend, Indiana, made the presentation for this bill. Mr. Dillon advised that this bill would allow for the appropriation of $300,000 to cover rehabilitation and upgrade of the old Raw Sewage Pump #1 which was recently replaced. A second of three raw sewage pumps at the wastewater plant required to meet “firm capacity” requirements in the NPDES permit issued by IDEM to the City has failed and needs replacing. He stated that rebuilding and upgrading the replaced #1 pump is the most cost effective way to continue to meet this permit requirement. Mr. Dillon stated that by rehabilitation and upgrade of the old raw sewage pump #1 saved over a million dollars. BILL NO. 30-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE HUMAN RIGHTS ORDINANCE BY THE INCLUSIONS OF NEW PROVISIONS ADDRESSING EMPLOYMENT FAIRNESS Councilmember Varner made a motion to continue this bill until the July 26, 2010 meeting of the Council at the request of the petitioner. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. RISE AND REPORT Councilmember White made a motion to rise and report to the full Council. Councilmember Varner 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 6 REGULAR MEETING JULY 12, 2010 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 7:44 p.m. President Derek Dieter presided with seven (7) members present. BILLS – THIRD READING ORDINANCE NO. 10020-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND IN CENTRE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 5, LOUISE BERKHEISER, 60601 SOUTH MAIN STREET, SOUTH BEND, INDIANA, 46614 This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 10021-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 850 FELLOWS STREET, SOUTH BEND, INDIANA 46601-3121, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. This bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 10022-10 AN ORDINANCE BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $75,000 FROM THE LOSS RECOVERY FUND (#227) TO PAY FOR AN ENGINEERING STUDY FOR THE SOUTH BEND WASTE WATER UTILITY This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 10023-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TECHNICALLY AMENDING THE 2010 CALENDAR YEAR NON-BARGAINING EMPLOYEES SALARY ORDINANCE #9959-09 TO REINSTATE ORIGINAL ATTACHMENT This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. 7 REGULAR MEETING JULY 12, 2010 ORDINANCE NO. 10024-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $300,000 OUT OF SEWAGE WORKS CAPITAL FUND (#642) TO PAY COSTS ASSOCIATED WITH UPGRADE OF A RAW SEWAGE PUMP REQUIRED TO MEET PERMIT REQUIREMENTS AT THE WASTEWATER TREATMENT PLANT This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. RESOLUTIONS RESOLUTION NO. 4035-10 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 850 FELLOWS ST. 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: 850 Fellows Street, South Bend, Indiana 46601-3121 In order to permit Special Exception Uses for a Wrecker Service pursuant to zoning ordinance section 21-04.02(a)(2)(B)(i) and for outdoor storage or operations on 70% of the total lot area pursuant to section 21-04.02(b)(10)(c)(ii). 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: 8 REGULAR MEETING JULY 12, 2010 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 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 Mr. David Mirkin, Attorney at Law, 112 W. Jefferson Blvd., South Bend, Indiana, made the presentation on behalf of LTODD, LLC. The owner Todd Stull is here along with his wife Laura. They are the owners and operate a company called Bestway Towing and Bestway Towing does the majority of their business with the City of South Bend. He stated that because Bestway does most of its business is South Bend it is very important that they be located in South Bend for their business operations. He stated that some months ago they had begun the process of acquiring some real estate at 1313 Prairie. Approximately 3 days before their hearing with the Board of Zoning Appeals, City officials asked them to withdraw their petition because it was too close to Ignition Park in their opinion. He stated that they deferred and complied even though they had spent a lot of time and money. He stated that the City to its credit helped them in locating this property and were directed and referred to by various individuals in the Economic Development office. Mr. Mirkin reiterated that they have a very quick turn over on all the vehicles on their property. He stated that when a car is drivable the owner comes in quickly, pays the fine and get the car back because they don’t want to incur storage charges. It’s the same with wrecks, because the insurance companies do not want to incur storage charges. He stated that the reason for the Special Exception use is that in order to conduct a towing service, which is called a wrecker service in the zoning ordinance, you have to ask for a Special Exception and you have to be in a General Industrial District and that is what they asked for in Bill No. 24-10 earlier this evening. 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 Rouse made a motion to adopt this Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. 9 REGULAR MEETING JULY 12, 2010 RESOLUTION NO. 4036-10 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS NO. 14 & 15 ON VORDEN PARKWAY ADJACENT TO 3751 OLIVE ROAD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR OLIVE CLEVELAND PARTNERS, LLC 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 Lots No. 14 & 15 on Vorden Parkway adjacent to 3751 Olive Road, South Bend, Indiana, and which is more particularly described as follows: Lots 14 & 15 B W Business Park Major Sub 02-03 New Replat 401 3-16-2001 and which has Key Numbers 031-1036-0590.12 (Lot No.14) and 031-1036-0590.13 (Lot No.15), be designated 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 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 five (5) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply 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 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. 10 REGULAR MEETING JULY 12, 2010 Mr. Ryan Runs, CB Richard Ellis/Bradley, 202 S. Michigan Street, Suite #200, South Bend, Indiana, made the presentation for this bill. Mr. Runs advised that Olive Cleveland intends to construct a warehouse/distribution facility to accommodate the relocation and expansion of an existing tenant, Invacare Corporation. On March 8, 2010, the Council approved a Designating Resolution for tax abatement. He noted that at that time they had not completed a list of construction contractors and suppliers for its proposed project. He stated that the project entails the construction of an 80,000 square foot building to be located on lots 14 and 15 on Vorden Parkway adjacent to 3751 Olive Road. He stated that the designating resolution that was passed stated that the project would qualify for no more than a six-year tax abatement term. After submission of the list of contractor’s and suppliers were submitted it was found that the project qualifies for a five-year tax abatement term. 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 Puzzello made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILL NO. 10-28 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 3425 WEST LATHROP DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR MCCORMICK AND COMPANY, INC BILL NO. 10-29 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 3425 WEST LATHROP DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MCCORMICK & COMPANY, INC. Councilmember Varner made a motion to continue Bill Nos. 10-28 and 10-29 until the July 26, 2010 meeting of the Council at the request of the Petitioner. Councilmember Puzzello seconded the motion which carried by a voice vote of seven (7) ayes. BILLS – FIRST READING BILL NO. 37-10 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE WEST HALF OF THE FIRST EAST-WEST ALLEY SOUTH OF NAPOLEON BETWEEN DUEY AND THE FIRST NORTH-SOUTH ALLEY SITUATED IN HARTMAN AND WOODWORTH’S PLAT TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 11 REGULAR MEETING JULY 12, 2010 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 July 26, 2010. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. UNFINISHED BUSINESS BILL NO. 10-34 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 6850 ENTERPRISE DRIVE Councilmember Henry Davis, Jr. made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing on July 26, 2010. Councilmember Puzzello seconded the motion which carried by a voice vote of seven (7) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 7:54 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 12