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HomeMy WebLinkAbout10-11-10 Common Council Meeting Minutes REGULAR MEETING OCTOBER 11, 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, October 11, 2010 at 7:00 p.m. The meeting was called to order by Council Vice-President Oliver Davis and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Henry Davis, Jr. 2nd District Thomas LaFountain 3rd District Ann Puzzello 4th District, Chairperson Committee of the Whole David Varner 5th District Oliver Davis 6th District, Vice-President Al “Buddy” Kirsits At-Large Timothy Rouse At-Large Absent: Derek D. Dieter 1st District, President Karen L. White At-Large OTHERS PRESENT: John Voorde City Clerk Kathleen Cekanski-Farrand Council Attorney 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 September 27, 2010 meeting of the Council and the September 30, 2010 Special 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 Puzzello made a motion that the minutes of the September 27, 2010 meeting of the Council and the September 30, 2010 Special Meeting of the Council of the Council be accepted and placed on file. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS SARA STEWART – RECAP FOR THE YEAR ON THE UNITY GARDENS Sara Stewart, RN MSN, Executive Director Unity Gardens, P. O. Box 10022, South Bend, Indiana, gave an update on the 2010 Unity Gardens. She stated that the Unity Mission is to improve community health: Physically by increasing accessibility of fruits and vegetables as well as providing education on nutrition and food preparation. Socially by providing education, increased social capital and opportunities for the disadvantaged. Economically by developing a sustainable local food system, recapturing food waste, creating new jobs, and increasing per-capita productivity. Ms. Stewart stated that the 1 REGULAR MEETING OCTOBER 11, 2010 Unity Gardens are community gardens initiated in the South Bend area to promote collaborative community building within a framework of sharing. The gardens provide food for those in need and bring diverse people together to grow, harvest, share and eat healthy food. She noted that each Unity Garden has two criteria: diverse people coming together to grow food and a sharing component. She encourages everyone to check out their website at www.theunitygardens.blogspot.com or e-mail questions to growunitygardens@yahool.com or contact her at 574-315-4361. Councilmember’s Oliver Davis, Henry Davis, Ann Puzzello thanked Ms. Stewart for all her hard work and commend the Unity Gardens. Councilmember Puzzello stated that she was most impressed with the Robertson’s Apartments Unity Gardens and how they were able to adapt the plants to the limited amount of space and sunlight and still have a productive garden. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:16 p.m. Councilmember LaFountain made a motion to resolve into the Committee of the Whole. Councilmember Kirsits seconded the motion which carried by a voice vote of seven (7) 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 Councilmember Puzzello stated that Bill Nos. 53-10 and 54-10 are in the Council Portion Only. BILL NO. 53-10 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011, AND ENDING DECEMBER 31, 2011, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 54-10 PUBLIC HEARING ON 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 FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Varner made a motion to combine these bills for purposes of Public Hearing. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. 2 REGULAR MEETING OCTOBER 11, 2010 Councilmember Varner made a motion to amend Bill No. 53-10. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee held Public Hearings on these bills this afternoon and voted to send them to the full Council with a favorable recommendation. Councilmember Varner asked Mr. Zientara if Bill No. 54-10 includes the proposed 2% proposed pay raise. th Gregg Zientara, City Controller, 12 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, stated that the answer is yes. The budget that originally was presented to Council back in early September and the budget before the Council tonight and would be voting on tonight does in fact include a budgeted 2% salary increase for all so called non-bargaining employees. Council Attorney Kathleen Cekanski-Farrand asked Mr. Zientara for clarification on if the 2% increase was over and above the 2010 salary ordinance. Mr. Zientara stated no, it’s a 2% increase over and above the wage earned in 2010, that’s what the budget includes. Councilmember Varner asked how much that would be. Mr. Zientara stated that the 2% would be approximately $400,000 in wages just for the non-bargaining. Councilmember Rouse stated that what he believes the Council Attorney is asking is that back in 2009 they passed the 2010 budget that allowed a 2% salary increase. He stated that the administration allowed in the ordinance a salary increase of 2%. He asked Mr. Zientara if there was $200,000 left over from the budget from this year and then another $200,000 for next year 2011. Mr. Zientara stated that it dates back to the fall of 2008, the Council approved a salary ordinance that increased the salaries for non-bargaining employees by 2%. From 2008 up to 2009. In fiscal 2009, the City Administration took the decision not to give the non- bargaining employees an increase. In the fall of 2009, the Council approved an increase in the salary ordinance again the salaries went up by 2%, the salary ordinance went up by 2%, but the City Administration decided not to give that 2% to the employees. So at that point in time theoretically, the salary ordinance was 4% above what someone was making. In July 2010, the City Administration then took administrative action to increase the salaries for the majority of non-bargaining employees by 2%. Therefore meant that the 2010 salary ordinance was theoretically 2% higher that what everybody was making. In each of the years the monies for those salary increases were included in the budget but the funds were not expended and it was the city administration’s decision to affect the spending control over city operations and to address the issue of the reduction of property tax revenue. Councilmember Varner asked for clarification. He stated regardless of what the number is or how we got there, it is that number that is used to set the levy. Mr. Zientara stated that is correct. Council Attorney Kathleen Cekanski-Farrand stated the Councilmember White and Councilmember Puzzello had requested a breakdown by department, not by name, just positions, what was budgeted, what was actually paid. Mr. Zientara asked if that request had come to them and is at a loss. 3 REGULAR MEETING OCTOBER 11, 2010 Councilmember Rouse stated that in light of Councilmember’s White and Dieter’s absence tonight and that they still have time to vote on these bills he motioned to continue Bill Nos. 53-10 as amended and 54-10 for second and third reading until the October 25, 2010 meeting of the Council in the Council Portion Only. Councilmember Henry Davis seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 25-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS nd Councilmember Varner made a motion to accept the 2 Substitute version of this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Oliver Davis made a motion to continue nd this 2 Substitute Bill until the November 8, 2010 meeting of the Council at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 61-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REPEALING CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS AND ESTABLISHING NEW TAX ABATEMENT PROVISIONS AND PROCEDURES Councilmember Varner made a motion to accept the substitute version of this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Rouse made a motion to continue this Substitute Bill until the November 8, 2010 meeting of the Council at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. RISE AND REPORT Councilmember Henry Davis made a motion to rise and report to the full Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) 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 7:31 p.m. Vice- President Oliver Davis presided with seven (7) members present. 4 REGULAR MEETING OCTOBER 11, 2010 BILLS – THIRD READING There were no bills for Third Reading at this time. RESOLUTIONS RESOLUTION NO. 4054-10 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 WEST RIVERSIDE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, LLC AND AFFILIATES AND EQUIPMENT LESSORS 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 1400 West Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Beginning at the Southeast corner of the Southwest ¼ of said, section 35; thence South 89 49’ 52” West (bearing assumed) along the South line of said section, 308.97 feet; thence North 89 55’ 00” West, 116.24 feet; thence North 00 00’ 27” West, 12.00 feet to the North line of a 12 foot alley; thence North 89 55’ 00” West along said North line of alley; the East line of Kessler Boulevard, 128.00 feet South 89 55’ 18” East of the Northeast addition to the City of South Bend recorded April 6, 1906 in the Plat Book 0, pages 30 and 31; thence South 89 55’ 18” East along the South line of King Street, 352.84 feet; thence North 00 00’ 27” West, 194.85 feet to a point the centerline of the East and West 14 foot alley between King Street and McCartney Street produced East; thence North 00 06’ 09” East, 128.81 feet; thence North 89 46’ 49” East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37’15” West along a chord subtending said Westerly line of Riverside Drive, 455.43 feet to the South line said section 35; thence North 90 00’ 00” West along said South line, 156.71 feet to the point of the beginning. Commencing at the Southeast corner of the ¼ of said section 35; thence North 00 00’ 30” West (bearing assumed) along the East line of said Southwest ¼ a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing North 00 00’ 30” West along said East line 336.00 feet to the South line of Queen Street; thence South 89 56’ 09” West along said South line of Queen Street 176.60 feet, thence North 00 02’ 36” Est. 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street and Queen Street; thence South 89 56’ 09” West along said centerline of alley, 131.27 feet; thence South 00 06’ 09” West along the East line of Lot 145 in the Third Plot of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. Joseph County Recorder and its Northerly and Southerly extensions, 195.00 feet to the South line of Queen Street; thence South 89 56’ 09” West along Allen Street; thence South 00 05’ 51” West along said East line of Allen Street, 329.87 feet to the South line of McCartney Street; thence South 89 58’ 27” East along said South line of McCartney Street, 12.91 feet; thence South 00 06’ 09” West 6.11 feet; thence North 89 56’ 09” East 308.71 feet to the Point of Beginning. 5 REGULAR MEETING OCTOBER 11, 2010 and which has Tax Key Numbers 018-2110-4065 and 18-2110-4067, 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 (5) five 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. Gerald Lerman, Vice-President, Steel Warehouse Company, LLC, 2722 W. Tucker Drive, South Bend, Indiana, made the presentation for this bill. Mr. Lerman advised that Steel Warehouse is a steel service center focusing on flat rolled, low carbon steel, with operations involving slitting, leveling, pickling, temper rolling, shearing and cold reducing. The company also supplies profiling parts using its plasma and laser cutting operations. Mr. Lerman stated that under this proposed project Steel Warehouse will add laser cutting and material handling capacity for its existing and expanding customer base. He stated that they would be on the “cutting edge” so to speak, no pun intended. 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 LaFountain seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 4055-10 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 W TUCKER DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX 6 REGULAR MEETING OCTOBER 11, 2010 ABATEMENT FOR STEEL WAREHOUSE COMPANY, LLC AND AFFILIATES AND EQUIPMENT LESSORS WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2722 West Tucker Drive, South Bend, Indiana, and which is more particularly described as follows: The following parcels of Real Estate all located in St. Joseph County, Indiana: A part of the South ½ of the Northwest ¼ of Section 15, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the East line of the Southwest ¼ of the Northwest ¼ of said Section 15, 580.64 feet South of the Northeast corner of said Southwest ¼ of the Northwest ¼, said point being 172.0 feet North of the North right of way line of the Indiana Northern Railway Company; thence Westerly parallel with said North right-of- way line 565 feet to the Southwest corner of a tract of land conveyed to Stanley Enterprise, Inc. By a deed recorded October 16, 1993 in Deed Record 777, page 226; thence North along the West line of said Stanley Enterprises, inc. tract, said line being parallel with the East line of said Southwest ¼ of the Northwest ¼, 323.0 feet to the South line of Tucker Drive; thence West along the South line of Tucker Drive 215.93 feet; thence South parallel with said East line of the Southwest ¼ of the Northwest ¼, 495.90 feet to the North right-of-way line of the Indiana Northern Railway Company; thence Easterly along said North right-of-way line, 860.23 feet to the West edge of Steel Warehouse Co. Inc. building; thence North along said West edge of building, 172.0 feet; thence Westerly parallel with the North right-of-way line of the Indiana Northern Railway Company, 79.3 feet to the point of beginning, containing 5.0 acres, more or less.. A part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line of said Southwest Quarter of the Northwest Quarter, 324.25 feet to a point 172 feet North of the North line of the right-of-way of the Indiana Northern Railway Company; thence East parallel with said North line of said right-of-way, 540 feet; thence North parallel with the East line of said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning. A tract of land in the West Half (1/2) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty-seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the center of the Northwest Quarter (1/4) of said Section Fifteen(15); thence South along the North and South center line of said Quarter Section Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West along said North line to the West line of said Section Fifteen (15); thence North along said West line One Hundred Twenty-eight and One Tenth (128.1) feet, more or less, to a line Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right-of-way; thence Northeasterly parallel to the Two Hundred Fifty (250) feet by rectangular measurement Southeasterly from said original centerline of the New York Central Railroad right-of-way, Seven Hundred Twenty-seven and One One-Hundredth (727.01) feet, more or less, to a point on the East line of the Southwest Quarter (1/4) of the Northwest quarter (1/4) of the Northwest Quarter (1/4) of 7 REGULAR MEETING OCTOBER 11, 2010 Section Fifteen (15); thence Southerly along said East line One Hundred Ninety-nine and Eighty-six Hundredths (199.86) feet, more or less, to the South line of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence East along said South line Six Hundred Sixty-three and fifty-two hundredths (663.52) feet, more or less, to the place of beginning, excepting Thirty (30) feet off the East side thereof for purposes of a public highway. A lot or parcel of land situated in the Northwest quarter of Section 15, Township 37 North, Range 2 East, now within and a part of the City of south Bend, bounded by a line running as follows, to –wit: Beginning at a point on the North line of the Southeast Quarter of the Northwest Quarter of said Section 15,600 feet West of the Northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 15; thence running West along said North line a distance 725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence South a distance 220 feet, more or less, to the North line of a 40 foot road known as Tucker Drive; thence East along the North line of said roadway to a point due South of the place of beginning; thence North to the place of beginning. Together with and subject to an easement over the 40 foot roadway lying immediately South of the above described real estate known as Tucker Drive, and extending Eastward to Olive Street. Part of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15), Township Thirty-seven (37) North, Range Two (2) East, now within and a part of the City of South Bend, described as beginning at a point 260 feet South of the Northwest corner of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section fifteen (15); thence South 492.9 feet to the North line of the right-of-way of the Indiana Northern Railroad; thence East along the said North line of the right-of-way of the Indiana Northern Railroad 305 feet; thence North 492.9 feet; thence West 305 feet to the place of beginning. Together with a right-of-way over a 40 foot roadway North of and adjoining the aforedescribed tract, and continuing Easterly to Olive Street, which said 40 foot roadway is now commonly known as Tucker Drive in said City of South Bend. The East Half of the South East Quarter of the North East Quarter of Section No. 16, Township No. 37 North, Range No. 2 East, containing 20 acres, more or less, and being Lot No. 16 in the Sub-division of said Section No. 16, and now within a part of the City of South Bend, excepting there from the following: The original right-of-way across, the North West corner heretofore conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway Company by Warranty Deed dated August 21, 1894 and recorded in Deed Record 95, page 553, of the records of St. Joseph County, Indiana; and excepting second the following: Beginning at a point on the West line of said Lot Numbered 16, where the same is intersected by the South Easterly line of said original right-of-way, thence running South on the west line of Lot Numbered 16, 219 feet, more or less, to a point distance 250 feet by rectangular measurement from the original center line of said right-of-way; thence North Easterly parallel with and 205 feet distant by rectangular measurement from the original center line of said right-of-way a distance of 733.3 feet, more or less, to a point on the East line of said Section No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of said Lot No 16; thence West along the North line of said Lot No. 16, a distance 254.5 feet, more or less, to the intersection with the said Easterly line of said original right-of- way; thence South Westerly with said Easterly line a distance 454.5 feet, more or less, to the place of beginning, containing 3.04 acres, more or less; excepting third, all that part of said lot no. 16 which lies South of the North line of the right-of-way of the St. Joseph, South Bend and Southern Railroad Company, excepting fourth, a strip of land 70 feet wide North and South lying next north of and adjoining the right-of-way of the St. Joseph, South Bend and Southern Railroad Company; excepting further that a strip of 40 feet in width, North and South, and being a extension of Tucker Drive, shall be established through the Northerly part of said tract and dedicated to the public as a 8 REGULAR MEETING OCTOBER 11, 2010 highway, which said extension shall extend to the right-of-way of the New York Central Railroad Company. All that part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East, described as follows: Beginning at a point 260 feet South and 330 feet West of the Northeast corner of the said Southwest Quarter of the Northwest Quarter; thence West 996.08 feet to the West line of said section; thence South 498.35 feet to the North line of the right-of-way of the Indiana Northern Railway Company; thence Easterly along the said Northerly line of said Indiana Northern Railway Company a distance of 996.08 feet, more or less, to a point on the Northerly line of the said Indiana Northern Railway Company South of the place of beginning; thence North to the place of beginning. Beginning in the center line of Olive Street in said City at a point Seven Hundred Eighteen and twenty-five hundredths (718.25) feet South of the North line of said Section No. 15, said point of beginning being on the Southerly line of a strip of land fifty(50) feet wide reserved for the right of way of the Indiana Northern Railroad Company thence running South on the center line of Olive Street, a distance of Six Hundred Eight and fifteen-hundredths (608.15) feet to the South east corner of said North East quarter of the North West quarter of Section No. 15; thence running West on said South line, a distance of Thirteen Hundred twenty-seven (1327) feet to the West line of said quarter Section, thence North on said West line, a distance of Four Hundred Ninety-three and four hundredths (493.04) feet to the Southerly line of said parcel deeded by said Grantors to the New York Central Railway Company; thence North Easterly along the Southerly line of said last named parcel to a point on the South line or the right of way of the Indiana Northern Railroad Company due West of the place of beginning: thence East ten hundred Fifty-seven and Thirteen-hundredths (1057.13) feet, more or less, to the place of beginning and containing Seventeen and seven hundred Sixty-one thousandths (17.761) acres, exclusive of Olive Street. All that part of the East Half of the North West Quarter of the North West Quarter of Section No. 15, Township No. 37 North, Range No. 2 East, that lies South of the right-of- way of the Indiana, Illinois, and Iowa Railroad Company (now New York Central Railroad), now within and a part of the City of South Bend; excepting there from a lot or parcel of land bounded as follows: Beginning at the intersection of the South Easterly line of said right-of-way and the East line of the East Half of the Northwest Quarter of the North West Quarter of said Section No. 15, thence running South Westerly along the South Easterly line of said right-of-way to the West line of the East Half of the North West Quarter of the North West Quarter of said Section; thence running South 219 feet, more or less, to a point; thence North Easterly parallel with and 219 feet South of the Southerly line of said right-of-way to the East line of the East Half of the North West Quarter of the North West Quarter of said Section No. 15; thence North 219 feet, more or less, to the place of beginning. and which have Key Numbers 18-8075-2838, 18-8075-2839, 18-8075-2843, 18-8075- 2844.03, 18-8075-2844.04, 18-8075-2844.06, 18-8075-2845.01, 18-8075-2845.02, 18- 8075-2845.03, 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, 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. 9 REGULAR MEETING OCTOBER 11, 2010 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 (5) five 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. Gerald Lerman, Vice-President, Steel Warehouse Company, LLC, 2722 W. Tucker Drive, South Bend, Indiana, made the presentation for this bill. Mr. Lerman advised that the abatement request is for personal property at 2722 W. Tucker Drive. He stated that they plan to acquire equipment for manufacturing, servicing, processing and material handling of steel and steel products. The acquisition will enable the company to add capacity and modernize its existing manufacturing equipment and facilities at this location. 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 Puzzello seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes (Councilmember Henry Davis stepped out of the Chamber’s during the roll call.) RESOLUTION NO. 4056-10 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 926 NORTH ST. PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MARKUS AND KRUPALI KRUSCHE WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and 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 926 North St. Peter Street, South Bend, Indiana, and which is more particularly described as follows: 10 REGULAR MEETING OCTOBER 11, 2010 The West half of Lot Numbered One Hundred Twenty-six (126) as shown on the recorded Plat of Sorin’s Second Addition to the Town of Lowell, now within and a part of the City of South Bend, recorded July 27, 1860 in Plat Book 1, page 10 in the Office of the Recorder of St. Joseph County, Indiana. Containing .18 acres more or less; , and this property has Tax Key Numbers 18-5107-3773 and 18-5107-3774be designated as a Residentially Distressed 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 a Residentially Distressed 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 a Residentially Distressed 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 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 that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for 11 REGULAR MEETING OCTOBER 11, 2010 projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. 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. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition 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 V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. 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 VIII. 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 IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. 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 Councilmember Rouse, Chairperson, Community and Economic Development Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with no recommendation due to the lack of a quorum. Mr. Markus Krusche, 306 Bond Hall, University of Notre Dame, Notre Dame, Indiana, made the presentation for this bill. Mr. Krusche advised that they intend to construct an approximate 2,400 square foot, single-family home as their primary residence. The home will have two stories with a brick exterior. It will have three bedrooms, two and one-half bathrooms, a great room, a study, a dining room, a small backyard patio and an unfinished basement. The cost of the home is approximately $450,000. He stated that taxed to be abated during the five year abatement period are estimated at $1,893.00 and total taxes to be paid during the five 12 REGULAR MEETING OCTOBER 11, 2010 year abatement period are estimated at $23,367. A Public Hearing was held on the Resolution at this time. th Councilmember Puzzello welcomed them to the 4 District. Councilmember Henry Davis stated that he would not be voting in favor of this bill. He stated that it is nothing personal; however, he has taken a stand on residential tax abatements and votes no consistently. 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 Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes and one (1) nay (Councilmember Henry Davis) RESOLUTION NO. 4057-10 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, NOW COMMONLY KNOWN AS 219, 223, 227, 208, 212 AND 228 NOTRE DAME AVENUE AND 827 WAYNE STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP WHEREAS, the Common Council of the City of South Bend, Indiana, adopted Declaratory Resolution Number 3785-07 designating a certain area within the City as a Residentially Distressed Area for the purpose of tax abatement consideration; and WHEREAS, the Common Council of the City of South Bend, Indiana adopted Confirmatory Resolution Number 3788-07 confirming the designation that a certain area within the City be a Residentially Distressed Area for the purpose of tax abatement consideration; and WHEREAS, the aforementioned Resolutions identified the area as made up of nine parcels then commonly known as 219, 222, 224, 228, 231 South Notre Dame Avenue and 827 East Wayne Street together with three vacant lots without addresses and with the following tax key numbers 18-6003-0069, 18-6007-0169, 18-6007-0170, 18- 6007-0172, 18-6003-0074, 18-6003-0075, 18-6003-0070, 18-6003-0071, 18-6007-0171 and to be a Residentially Distressed 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 petitioner subsequent to issuance of the Resolutions, and without altering the outside boundaries of the Residentially Distressed Area, replatted the individual parcels all within the area to have the following street addresses, legal descriptions and key numbers: 13 REGULAR MEETING OCTOBER 11, 2010 STREET ADDRESS LEGAL DESCRIPTION KEY NUMBER 219 Notre Dame Avenue Lot 1 in Weiss Homes Notre Dame 018-6003-0069 Avenue Minor #1, as per plat there of, recorded in instrument number 0741125 in the Office of the Recorder of St. Joseph County, Indiana 223 Notre Dame Avenue Lot 2 in Weiss Homes Notre Dame 018-6003-0070 Avenue Minor #1, as per plat there of, recorded in instrument number 0741125 in the Office of the Recorder of St. Joseph County, Indiana 227 Notre Dame Avenue Lot 3 in Weiss Homes Notre Dame 018-6003-0074 Avenue Minor #1, as per plat there of, recorded in instrument number 0741125 in the Office of the Recorder of St. Joseph County, Indiana 827 Wayne Street Lot 4 in Weiss Homes Notre Dame 018-6003-0075 Avenue Minor #1, as per plat there of, recorded in instrument number 0741125 in the Office of the Recorder of St. Joseph County, Indiana 208 Notre Dame Avenue Lot 3 in Weiss Homes Notre Dame 018-6007-0169 Avenue Minor #2, as per plat there of, recorded in instrument number 0741126 in the Office of the Recorder of St. Joseph County, Indiana 212 Notre Dame Avenue Lot 1 in Weiss Homes Notre Dame 018-6007-0170 Avenue Minor #2, as per plat there of, recorded in instrument number 0741126 in the Office of the Recorder of St. Joseph County, Indiana 228 Notre Dame Avenue Lot 2 in Weiss Homes Notre Dame 018-6007-0172 Avenue Minor #2, as per plat there of, recorded in instrument number 0741126 in the Office of the Recorder of St. Joseph County, Indiana and requested that these new street addresses, legal descriptions and key numbers be recorded in the tax abatement resolutions and serve in place of those previously listed; and WHEREAS, the outside boundaries of the Residentially Distressed Area remain as originally presented; 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 a Residentially Distressed Area have been met in Resolutions 3785-07 and 3788-07 under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq. 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 meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. 14 REGULAR MEETING OCTOBER 11, 2010 SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. 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. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby reconfirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. 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 complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. 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 15 REGULAR MEETING OCTOBER 11, 2010 Councilmember Rouse, Chairperson, Community and Economic Development Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with no recommendation due to the lack of a quorum. Mr. Brad Moseness, Abonmarch Consultants, LLC, 750 Lincoln Way East, South Bend, Indiana, made the presentation for this bill. Mr. Moseness advised that Kendall-Weiss intends to construct six (6), new, single-family homes on approximately 0.96 acres of land. The homes will consist of approximately 1,800 square feet and will include three bedrooms, a basement, and an attached two car garage. The average cost of the homes will be approximately $195,000. Possible infrastructure improvements will consist of new curbs and sidewalks, replacement of water service taps, and asphalt resurfacing of the alley. Total taxes to be abated during the five year period are estimated at approximately $10,262 per home to a total tax abatement of $61,572 for the 6 homes. Total taxes to be paid during the five year abatement period for each home are estimated at $8,616 for a total of $51,696 being paid for the 6 homes. 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 Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes and one (1) nay (Councilmember Henry Davis) BILL NO. 10-52 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELD ASSESSMENT GRANT BILL NO. 10-53 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELD CLEANUP GRANT Councilmember Rouse made a motion to combine these bills for purpose of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. RESOLUTION NO. 4058-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELD ASSESSMENT GRANT WHEREAS, the United States Environmental Protection Agency has financial assistance for Brownfield revitalization, including grants for site assessments; and WHEREAS, the City of South Bend intends to request a $200,000 Assessment Grant in order to restart the Citywide Brownfield Site Assessment Program; and 16 REGULAR MEETING OCTOBER 11, 2010 WHEREAS, the Mayor is the Chief Executive Officer of the City and is the appropriate applicant for the Environmental Protection Agency Brownfield Assessment Grant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to apply to the United States Environmental Protection Agency for a $200,000 Assessment Grant and to execute all documents related to any grant awarded. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the application submitted to the United States Environmental Protection Agency. SECTION III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the United States Environmental Protection Agency. SECTION IV. That the City of South Bend, Department of Community and Economic Development is hereby designated as the agency and office administering, on behalf of the City of South Bend, the Brownfield Assessment Grant awarded under this application. SECTION V. That 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. 4059-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELD CLEANUP GRANT WHEREAS, the United States Environmental Protection Agency has financial assistance for Brownfield revitalization, including grants for site cleanups; and WHEREAS, the City of South Bend intends to request a $200,000 Brownfield Cleanup Grant for remediation of a heating oil spill at the site of a former Studebaker Corporation Underground Storage Tank (UST) at 730 United Drive; and WHEREAS, the Mayor is the Chief Executive Officer of the City and is the appropriate applicant for the Environmental Protection Agency Cleanup Grant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to apply to the United States Environmental Protection Agency for a $200,000 Brownfield Cleanup Grant and to execute all documents related to any grant awarded. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the application submitted to the United States Environmental Protection Agency. 17 REGULAR MEETING OCTOBER 11, 2010 SECTION III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the United States Environmental Protection Agency. SECTION IV. That the City of South Bend, Department of Community and Economic Development is hereby designated as the agency and office administering, on behalf of the City of South Bend, the Cleanup Grant awarded under this application. SECTION V. That 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 th Ms. Ann Kolata, Senior Redevelopment Specialist, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for these bills. Ms. Kolata advised that Bill No. 52-10 authorizes the submission of a Brownfields Assessment Grant application to the United States Environmental Protection Agency. She stated that they intend to submit an application for a $200,000 Assessment Grant to restart the Assessment program that was funded by a previous EPA grant. That grant was closed out last year. With the previous assessment grant they were able to conduct environmental assessments at nine locations. If the application is approved they anticipate being able to conduct approximately ten environmental assessments at locations throughout South Bend. She stated that they will also use some of the grant to update and expand the existing Brownfield inventory. She noted that the application is th due at EPA by October 15. Ms. Kolata advised that Bill 10-52 would authorize the submission of a Brownfields Cleanup Grant application to the United States Environmental Protection Agency. They intend to submit an application for a $200,000 Cleanup Grant to remediate a heating oil spill affecting the groundwater at the site of a former Studebaker Corporation Underground Storage Tank (UST) located at 730 United Drive. The UST was associated with Studebaker operations at former buildings 69 and 113. The tank was removed prior to the 1986 Indiana tank registration deadline and there are no records of its removal. The spill was discovered after Building 69 was demolished, during the construction of the Public Sector Service Center. The grant th application is also due at EPA by October 15. 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 these Resolutions, Councilmember Rouse made a motion to adopt Bill No. 10-52. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. Additionally, Councilmember Rouse made a motion to adopt Bill No. 10-53. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 4060-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE ST. JOSEPH COUNTY MULTI- HAZARD MITIGATION PLAN WHEREAS, the City of South Bend recognizes the threat that natural hazards pose to people and property; and WHEREAS, undertaking hazard litigation actions before disasters occur will reduce the potential for harm to people and property and save taxpayer dollars; and 18 REGULAR MEETING OCTOBER 11, 2010 WHEREAS, an adopted multi-hazard mitigation plan is required as a condition of future grant funding for mitigation projects; and WHEREAS, the City of South Bend participated jointly in the planning process with the other local units of government within the County to prepare a Multi-Hazard Mitigation Plan; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. The City of South Bend hereby adopts the St. Joseph County Multi- Hazard Mitigation Plan as an official plan which is attached hereto and included herein by reference. Section II. The St. Joseph County Emergency Management Agency will submit of behalf of the participating municipalities the adopted Multi-Hazard Mitigation Plan to the Indiana Department of Homeland Security and the Federal Emergency Management Agency for final review and approval. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Oliver J. Davis Member of the Common Council Council Attorney Kathleen Cekanski-Farrand read an amendment into the record. She stated that and the end of Section I, remove the semi-colon (;) and word and; and insert: which is attached hereto and included herein by reference. Councilmember Puzzello made a motion to amend this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. th Mr. Gary Gilot, Public Works Director, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that the City of South Bend, has completed their final review of the St. Joseph Multi-Hazard Mitigation Plan and believes it to be in compliance with the requirements from Disaster Mitigation Act of 2000. In 2009, South Bend partnered jointly with other local units of government in St. Joseph County for the creation of a Plan that give clear direction on long-term plans that can reduce the impact of future natural disasters. He stated that we all recognize the threat that natural disasters pose to people and property. Furthermore, the City understands that by undertaking hazard mitigation actions before a disaster occurs, it will reduce the potential harm to people and property while saving tax-payer dollars. Mr. Gilot noted that the approval of this Plan is not an indication that the actions described will or can be automatically funded but without a Plan the City is ineligible for future grant funding for mitigation projects through FEMA. 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 Henry Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. 19 REGULAR MEETING OCTOBER 11, 2010 BILLS – FIRST READING BILL NO. 62-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $508,976.00 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on October 25, 2010. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 63-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $118,414 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S EMERGENCY SHELTER GRANT PROGRAM This bill had first reading. Councilmember Henry Davis made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on October 25, 2010. Councilmember LaFountain seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 64-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $2,596,651 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2011, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Henry Davis made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on October 25, 2010. Councilmember Rouse seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 65-10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR APPROXIMATELY 84 ACRES LOCATED AT THE SOUTHEAST QUADRANT OF SAMPLE STREET AND PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA 20 REGULAR MEETING OCTOBER 11, 2010 This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. UNFINISHED BUSINESS UPDATE OF BILL NO. 30-10 Councilmember Puzzello advised that Bill No. 30-10 is set for Third Reading in the Council Portion Only for October 25, 2010. BILL NO. 10-55 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 1832 CAMPEAU ST. SOUTH BEND, INDIANA 46617 BILL NO. 10-56 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 925 SOUTH WEBSTER STREET, SOUTH BEND, INDIANA BILL NO. 10-57 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 THE SOUTHEAST CORNER OF MAPLE LANE AVENUE & STATE ROAD 23 (17904 STATE ROAD 23, SOUTH BEND, INDIANA Councilmember Puzzello made a motion to refer Bill Nos. 10-55; 10-56 and 10-57 to the Zoning and Annexation Committee and set for Public Hearing and Third Reading on October 25, 2010. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. PRIVILEGE OF THE FLOOR COMMENTS FROM MR. JEFFREY GREEN REGARDING BEING DENIED UNEMPLOYMENT COMPENSATION Mr. Jeffrey L. Green, 814 E. Jefferson Blvd., South Bend, Indiana, stated that he has been down here three times before, December 14, 2009; January 11, 2010; February 22, 2010. Mr. Green advised that he has filed four (4) EEOC’s complaints and the Civil Rights Commission has taken over now. He stated that he has been down here to bring awareness to the retaliation, harassment, discrimination, illegal hiring practices and nepotism by the South Bend Street Department. Now he has been fired for three (3) months. Now to add insult to injury he has been denied unemployment. At all costs lying, corruption, doing what is ever necessary to deny his unemployment. The same man who was then a manager, Bob Robaska, was his manager for two months is the same man who lied and said he disobeyed a direct order and delayed City services. Played a major role in his dismissal. He was given back his job two years ago with back pay and seniority, no retaliation from the City Attorney Jeff Jankowski who also played a major role in fighting against him and not holding his friends accountable. But helping his friends and their abuse of authority and cover-up. After working for the Street Department for nine (9) years and (3) months is this a coincidence or fate that he gets six (6) points in five (5) months, that’s enough to terminate him. Sam Hensley doesn’t care anything about costing the city money; it’s a part of his history. He just turned 62, and is 21 REGULAR MEETING OCTOBER 11, 2010 eligible for his pension the chance is that he won’t be around when the end result takes place. The question is: Does anybody care? Nobody should have to go through what he has been through for speaking the truth. Is this a crime, did he break the law, is this what happens to people who stand up for the GOD given rights. Who stands up for the oppressed? People being deprived, who stands up for the mistreatment of the people? Council Attorney Kathleen Cekanski-Farrand stated that in light of the pending actions with the City Mr. Green has to exhaust all his avenues. COMMENTS FROM MS. CHERYL ASH REGARDING THE POSSIBLE CLOSING OF THE LASALLE BRANCH LIBRARY Cheryl Ash, 3820 Longley, South Bend, Indiana, advised that the St. Joseph County Public Library Board is meeting next week and the fate of the LaSalle Branch and Tutt Branch libraries on the agenda. She strongly urged the members of the South Bend Common Council to get involved in the discussion to find solutions to keep those branches open. COMMENTS FROM PASTOR SYLVESTER WILLIAMS REGARDING FUNDING FOR PUBLIC ACCESS Pastor Sylvester Williams, 702 Lincoln Way West, South Bend, Indiana, stated that he is a community broadcaster for WUBS. He advised that day by day the Council is getting closer to voting on the 2011 budget. He encouraged the Council to fund Public Access so that residents of Michiana will a have a voice. ADJOURNMENT There being no further business to come before the Council, Vice-President Oliver J. Davis adjourned the meeting at 8:10 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Oliver J. Davis, Vice-President 22