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HomeMy WebLinkAbout02-14-11 Common Council Meeting Minutes REGULAR MEETING FEBRUARY 14, 2011 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, February 14, 2011 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 1 st District, President Thomas LaFountain 3rd District Henry Davis, Jr. 2nd District Ann Puzzello 4th District David Varner 5th District Oliver Davis 6th District, Vice-President Al "Buddy" Kirsits At-Large Timothy Rouse At-Large, Chairperson Committee of the Whole Karen L. White At-Large OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy City Clerk Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the January 24, 2011 Meeting and the February 7, 2011 Special Meeting (Mayor's State of the City Address), 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 January 24, 2011 Meeting and the February 7, 2011 Special Meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS President Dieter advised that Councilmember Timothy Rouse is the Council's Representative of the Architectural Review Board for Ignition Park. BILL NO. 11-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP, HENRY ANNEXATION AREA Councilmember Oliver Davis made a motion to hear Bill No. 11-08 under Resolutions. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. I REGULAR MEETING FEBRUARY 14, 2011 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:04 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Rouse, Chairperson, presiding. Councilmember Rouse 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 Rouse stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 84-10 PUBLIC HEARING ON A BILL 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 NUMBER 5, THOMAS W. & JANE M. HENRY, 61175 MIAMI RD. SOUTH BEND, INDIANA 46614 Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis, Vice Chairperson, Zoning & Annexation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Thomas Henry, 61175 Miami Road, South Bend, Indiana, made the presentation for this bill. Mr. Henry advised that he would like to be able to hook up to City sewer. He stated that with all the road construction that was done to Miami Road he is now having trouble with his septic system. Mr. Henry stated that he still has a well and does not need to hook up to City water. 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 asked how Mr. Henry was going to be billed, if he doesn't hook up to city water, since the sewage is calculated by the amount of water usage. Gary Gilot, Director, Public Works, 13th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that Mr. Henry would be billed a residential flat rate. When a resident doesn't have a water meter this method is used and it is usually at a rate of 800 to 900 cu. ft. per month which is usually a little higher than the average. Mr. Gilot noted that this method is used as allowed and set forth in the ordinance. 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 as substituted and set for Third Reading on February 28, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 2 REGULAR MEETING FEBRUARY 14, 2011 BILL NO. 75-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 2-8 AND 2-10 OF CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL Councilmember Dieter made a motion to continue this bill until the February 28, 2011 meeting of the Council. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 02-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 12, FLOODPLAIN REGULATIONS IN ORDER TO MAKE CORRECTIONS IN ORDINANCE NO. 1003 7-10 Councilmember Oliver Davis, Vice Chairperson, Zoning & Annexation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Christa Nayder, Staff Planner, Area Plan Commission, 11th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Nayder advised that the Federal Emergency Management Agency prepared a new study of flood-prone areas throughout St. Joseph County, Indiana which identifies the floodplains, floodways, and floodway fringe areas in conjunction with the National Flood Insurance Program. In addition, a new model ordinance had been prepared to use as a template to revise local ordinances. In August 2010, the Area Plan Commission heard, and gave a favorable recommendation to an updated floodplain ordinances in anticipation of the new maps, effective January 6, 2011. The ordinance was approved by the Common Council on October 2, 2010 as Ordinance No. 10037-10. Ms. Nayder stated that the Area Plan Commission Staff was informed by the Indiana Department of Natural Resources (DNR)that additional changes were needed. She noted that this ordinance addresses those changes which were text changes, typographical errors and one (1) definition change. Ms. Nayder advised that the Area Plan Commission held a public hearing on January 18, 2011 and sends this bill to the Common Council with a favorable recommendation. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 86-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14.5, ARTICLES 1 AND 2; ADDING ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AFFIRMATIVE ACTION PROCEDURES 3 REGULAR MEETING FEBRUARY 14, 2011 Councilmember Dieter made a motion to continue this bill until the March 14, 2011 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: John Voorde, City Clerk Tim Rouse, 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 7:11 p.m. President Derek D. Dieter presided with nine (9) members present. BILLS — THIRD READING ORDINANCE NO. 10072-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 12, FLOODPLAIN REGULATIONS IN ORDER TO MAKE CORRECTIONS IN ORDINANCE NO. 10037-10 This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 4079-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP, HENRY ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and 4 REGULAR MEETING FEBRUARY 14, 2011 WHEREAS, the territory proposed to be annexed encompasses approximately 1.21 acres of land containing a single family home, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 21.6% contiguous, generally located near the southwest corner of Miami Street and Farmington Lane (61175 Miami Road). It is anticipated that the annexation area will continue to be used for a single family residence. This site will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1)the cost estimates of services of a non-capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non- capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2)the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non- capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Centre Township, St. Joseph County, Indiana be annexed to the City of South Bend: A tract of land in the Northeast Quarter (1/4) of the Northeast Quarter (1/4) of Section One (1), Township Thirty-Six (36) North, Range Two (2) East, and more particularly described as follows: Commencing at the Northeast corner of said Section 1, being the intersection of Kern Road and Miami Street; thence South along said centerline of Miami Street, 659.01 feet to the North right of way line of Farmington Lane extended and the place of beginning; thence West along said North right of way line of Farmington Lane and parallel with the North line of said Section, 264 feet; thence South, parallel with the East Line of said Section, 200 feet to the South line of a lot with a key number of 001-1001-0011.02; thence East, parallel with the North line of said Section, 264 feet to the centerline of Miami Street; thence North 200 feet along said center line to the place of beginning. 5 REGULAR MEETING FEBRUARY 14, 2011 Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. The South Bend Common Council, shall and does now hereby establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with sufficient capacity to service this area, with fees for prior main line extensions due upon application for a tap permit, and any improvements in sewer or water capacity to be paid for by the developer in compliance with state and local law; that no new street lighting will be necessary; and that a street maintenance plan for Farmington Lane will be developed cooperatively with the County. Section IV. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Oliver Davis, Vice Chairperson, Zoning & Annexation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Mike Divita, Planner, Community & Economic Development, 12th Floor County- City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Divita advised that this bill is the fiscal plan that is a companion bill to the petition for voluntary annexation of 1.21 acres located in Centre Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana. Mr. Davita stated that the proposed annexation will add one existing single-family home to the City of South Bend. The property in the Annexation Area is currently zoned "R" Single Family District. Per City ordinance, the property will automatically be zoned "SF 1" Single Family and Two Family district upon annexation. Mr. Davita noted that essential city services can be made available to the residents of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 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 tot adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 6 REGULAR MEETING FEBRUARY 14, 2011 RESOLUTION NO. 4080-11 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 3849 SHOWERLUX DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A(5)FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND GEAR, LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3849 Showerlux Drive, South Bend, Indiana, and which is more particularly described as follows: This real estate is commonly described as: vacant land North of and adjacent to 4701 Nimtz Parkway, said property having frontage on Showerlux Drive, South Bend, Indiana 46628 and is legally described as follows: that part of the Southeast Quarter of Section 20 and the Southwest quarter of Section 21, both in Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot # 10A as shown on the plat of"H.G. Baus Centre-Phase One First Replat" subdivision recorded by Document No. 0746267 in the records in the Office of the Recorder of St. Joseph County, Indiana. Containing 5.54 acres more or less. Subject to all legal highways, easements and restrictions of record, and which has Key Number 71-03-21-300-001.000-009 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; 7 REGULAR MEETING FEBRUARY 14, 2011 C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of(5) five years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/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. Mr. Stan Blenke, 4701 Nimtz Parkway, South Bend, Indiana, made the presentation for this bill. Mr. Blenke advised that South Bend Gear, LLC is a start up company that will produce engine gears for the heavy duty truck market in North America. The project will acquire several pieces of turning, gear cutting and gear finishing equipment as well as robots and automation equipment. Under a separate project a building is being constructed to house the new company. The personal property project will be implemented in two phases over a two year period beginning with installation of an initial group of machines during July, 2011 with final installation of machinery by February 2013. The estimated cost of the two phase project is $15,600,000. Total taxes to be abated during the five (5) year abatement period are estimated $678,507. Total taxes to be paid during the five (5) year abatement period are estimated at $617,395. Per the petition, it is estimated that the total project will create at least twelve (12) new, permanent, full-time jobs in the first year of 8 REGULAR MEETING FEBRUARY 14, 2011 production representing a new annual payroll of at least $550,000. It is estimated that there will be a total of 26 full time jobs by the end of phase two. Mr. Blenke noted that because the project is new there are no existing jobs. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4081-11 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 815 OLIVER PLOW COURT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION/OLIVER PLOW PARTNERS, LP WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located on the northwest corner of Oliver Plow Court and Chapin Street with the proposed address of 815 Oliver Plow Court* which upon completion of the replatting and recording process, will be more particularly described as follows: Lot 2 of Oliver Plow Works First Minor Subdivision* And which has Key Number 018-3061-2351 presently at this point in time, 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, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community and Economic Development and to the Office of the City Clerk; and WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. 9 REGULAR MEETING FEBRUARY 14, 2011 SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to eight (8) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council 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 FEBRUARY 14, 2011 Mr. Paul Phair, 227 South Main Street, Suite 300, South Bend, Indiana, made the presentation for this bill. Mr. Phair advised that Oliver Plow Partners, is in the process of purchasing 4.4 acres in the Oliver Plow Industrial Park from the South Bend Redevelopment Commission. Oliver Plow intends to construct a warehouse/distribution facility to accommodate a tenant, ABC Supply Company Incorporated. The building will have approximately 40,800 square feet. It will be a pre-engineered steel facility with a masonry wainscot or facade. The building will be of high quality and match the character of the surrounding industrial users near to the property. Mr. Phair advised that the estimated cost of the building is $1,750,000. Mr. Phair stated that ABC Supply Company is a distributor of exterior housing products. They are a primary supplier to the construction industry which will match the current uses found within Oliver Plow Industrial Park project. Mr. Phair noted that for this reason they are unable to answer the questions related to supplies of construction materials and construction contractors. They will submit this information to the Council prior to the consideration of the confirming resolution. Based on current information they have sufficient points for a four year term. If all points are awarded for construction they would have enough points for a seven year term. He stated that for purposes of the consideration of the Declaratory Resolution they have estimated an eight year term to allow for any extra adjustment. He noted that anything less will result in a reduction in the amount of tax revenue abated. He stated that if an eight year abatement is approved total taxes to be abated during that term are estimated at $192,799. Total taxes to be paid during the eight year term are estimated at $224,308. If the term remained at four years, total taxes to be abated are estimated at $109,044. total taxes to be paid over the four year term are estimated at $99,509. Per the petition it is estimated that the project will create two (2) new, permanent full-time positions with total wages estimated at $65,000. It will retain ten (10) existing permanent full-time positions and one (1) existing part time position, including two (2) existing permanent full-time minority employees, with a total annual payroll of$419,958. 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 Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4082-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND RECONFIRMING AN ECONOMIC REVITALIZATION AREA DEDUCTION FOR MCCORMICK & COMPANY, INCORPORATED WHEREAS, on July 2, 2010, McCormick and Company, Incorporated filed an original Form SB-1 Statement of Benefits in connection with its application for personal property tax abatement on proposed new investments in a building addition and new manufacturing and logistical distribution equipment at its industrial location at 3425 West Lathrop Drive in South Bend; and WHEREAS, the Common Council of the City of South Bend approved that Statement of Benefits, as revised on January 4, 2011, and designated the area commonly known as 3425 West Lathrop Drive as an Economic Revitalization Area, all in accordance and as more particularly described in Resolution No. 4076-11; and WHEREAS, the Economic Revitalization Area continues in existence and will be designated as such under that Resolution until July 25, 2012; and 11 REGULAR MEETING FEBRUARY 14, 2011 WHEREAS, McCormick & Company is in the process of implementing its project and has already met and exceeded the estimates for employment and wages and is making a good faith effort to meet the estimates for the investment and as set forth in the revised Statement of Benefits; and WHEREAS, McCormick & Company is interested in making additional investments in new manufacturing and logistical distribution equipment as more particularly described in the Amended Statement of Benefits, dated February 3, 2011, which has been filed with and submitted to the Common Council for its consideration of five year personal property tax abatement on the new investments described therein. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. In compliance with IND. CODE §§ 6-1.1-12.1-4.5(b), the Common Council hereby finds that: a. The estimate of the cost of the proposed new manufacturing equipment and new logistical distribution equipment is reasonable for property of this type. b. The estimate of the number of individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of the new manufacturing and logistical distribution equipment. C. The estimate of the annual salaries of the individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new manufacturing and logistical distribution equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing and logistical distribution equipment. e. The totality of the benefits is sufficient to justify the granting of the requested deductions. SECTION II. The Amended Statement of Benefits, dated February 3, 2011, is hereby approved and the installation of new manufacturing equipment and new logistical distribution equipment as described therein are eligible for deductions from assessed value of the property as per 1.C. § 6-1.1-12.1-1 et seq. for a period of five (5) years. SECTION III. Except to the extent amended as set forth herein, Resolution 4076-11 shall continue in full force and effect. SECTION IV. 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 held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Michael Calhoun, McCormick & Co., Inc., 3425 W. Lathrop Drive, South Bend, Indiana, made the presentation for this bill. Mr. Calhoun advised that this is a request for an increase in the amount of the company's five year personal property tax abatement granted by the Council through Resolution No. 4076-11 on January 24, 2011. Mr. Calhoun advised that they are planning to move an existing brand of products fro a co-packer to a company owned facility. The estimated 12 REGULAR MEETING FEBRUARY 14, 2011 cost in equipment to set up the new operation if $6,774,426. He stated that they are considering their South Bend facility for this move. He stated that they are asking that the amount of their personal property abatement be increased by $6,774,426 for a new total of $8,136,599. He noted that the abatement's Economic Revitalization Area designation has an expiration date of July 25, 2012, which would allow time for the move to be carried out. He stated that with this increase the total taxes abated and paid will increase from $10,071 and $103,084 respectively to $125,205 and $550,707. He also noted that the company had planned to increase employment by five positions under its abatement as currently approved. He noted that it has already increased total employment by 10 positions to a new total of 133 jobs and total wages have gone from $6,288,988 to $6,718,833 for an increase of$429,845. He also noted that the projected increase was $177,247. Mr. Calhoun advised that with the proposed move the company would add an additional 14 positions and increase wages by another $483,101. 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 Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4083-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALER/RECYCLING OPERATION LICENSE FOR CALENDAR YEAR 2011 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on March 30, 2011 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following business: Republic Service of Indiana LP 2500 Greentech Dr. has been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operation License for the year 2011. WHEREAS, the license application for the above-referenced business received favorable recommendations from the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license application for the following business: Republic Service of Indiana LP 2500 Greentech Dr. is approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the property by the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau as evidenced by the Ordinance Violation Bureau Clerk's communication to the City Clerk dated March 30, 2011. 13 REGULAR MEETING FEBRUARY 14, 2011 Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember LaFountain, Chairperson, Personnel and Finance 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. John Voorde, City Clerk, 4th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Clerk Voorde advised that is a new application for Scrap Metal/Junk Dealers/Recycling Operation for Republic Service of Indiana LP 2500 Greentech Dr. He stated that they have received favorable recommendations from the Police, Fire and Code Enforcement Departments. 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 Oliver Davis made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING There were no bills for first reading at this time UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS Councilmember Henry Davis advised that Mr. Jerry Niezgodski from the LaSalle Square Steering Committee will give an update to the Council at the February 28, 2011 meeting of the Council. Councilmember Oliver Davis made a motion to hear the update from Mr. Niezgodski on Monday, February 28, 2011. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Henry Davis asked to review Reports of City Office. Council President Dieter stated that this topic has been assigned to Councilmember LaFountain's Personnel and Finance Committee. Councilmember White advised that on February 11, 2011 the Health and Public Safety Committee met at Allie's Cafe, 2323 Mishawaka Avenue. She stated that persons in attendance included Councilmembers Rouse, Puzzello, Dieter and Henry Davis, Jr., and Council Attorney Kathleen Cekanski-Farrand. Councilmember White stated that this meeting focused on developing 2011 Committee Priorities. Councilmember White stated that an open discussion took place on issues and concerns and as a result of those discussions, the Committee agreed to focus on the following topics: City Taxicab Regulations. She stated that the City Administration requested the Committee to meet to hear their concerns regarding the current taxicab regulations. Two (2) committee meetings were held and a draft ordinance was prepared by the Legal Department. She noted that the Airport also has regulations which differ from those enacted by the city. Concerns over the taxicab market being saturated were noted. Concerns were also voiced that the draft ordinance has never been updated to incorporate suggestions offered to the City Administration. The draft ordinance posted on the city's website is dated October 2009. Following discussion, the following recommendation was made: The City Administration will be asked to prepare a bullet point summary of all of the suggested 14 REGULAR MEETING FEBRUARY 14, 2011 changes to the current taxicab regulations, along with setting forth reasons for each proposal. The City Administration will be asked to update the Health and Public Safety Committee on this topic at a 30 minute meeting to be called for Monday, February 28, 2011. There would not be open discussion on the proposal, with this session focusing on hearing the purposes and reasons for each of the proposed changes. Councilmember White stated that the Quality of Life Ordinances Progress and that a chart had been prepared by the Council Attorney in the past which summarized data on several quality of life ordinances. Following discussion, the following recommendation was made that the Council Attorney would be asked to update the chart on the quality of life ordinances. Upon review of the same by the Committee, the Committee would make recommendations for ordinances which should be repealed or amended. Councilmember White stated that the next topic Graffiti has been an issue that Councilmember Oliver Davis has been working on. She stated that initiatives like this should be made known to the Chairperson of the Committee before being implemented. Based on comments from Councilmember Henry Davis, Councilmember White, Rouse and Dieter it was apparent that much more comprehensive approach to addressing graffiti is needed. It was noted that the police department no longer has a gang unit, and that much of the graffiti appears to be gang related. Jeff Young has voluntarily removed graffiti at his own expense. It was suggested that the City Administration be invited to a Committee meeting to outline how the city cleans-up graffiti (which must be done on a timely basis); and also summarize how the City enforces graffiti regulations, including the judicial process they are utilizing. Councilmember White stated that the next topic was illegal dumping. She stated that illegal dumping is a city-wide issue. Councilmember Henry Davis suggested that"hot problem areas" should be addressed. Council President Dieter stated that a plan to address illegal dumping should be presented by the Administration to the committee. It was suggested that the Department of Code Enforcement would be invited to a meeting of the Health and Public Safety Committee to hear their vision, plan, and accountability of enforcement addressing illegal dumping. Data from 2010 year on this topic should be summarized by Code which addresses among other things manpower, costs to the city, and costs paid by violators. Councilmember White noted that the first report from the Legal Department was received last week which summarized Code violation fines paid in their department. The reporting is a result of the recent ordinance passed by the Common Council requiring monthly reports. Once more reports are filed, the committee will formally review the data. Councilmember White noted that too often information which is requested from the City Administration is ignored or not timely filed with the requesting Council Member or Committee. She stated that several Councilmember's voiced concern about the need to improve communication among themselves and also with the City Administration. It was suggested that the City Clerk would be asked to develop a tracking mechanism on all information requests made by the Council and/or individual Councilmember by date of request and summary of request. Responses from the City Administration would then be given at the next Common Council meeting. Councilmember White noted that additional topics for the Committee to consider are cost recovery fee ordinance for the South Bend Fire Department. Updating the local massage parlor licensing regulations in light of state law. Drafting licensing regulations for mini- marts at the request of Council Member Henry Davis, Jr. who noted that he had had discussions with the City Administration on this topic last year. Councilmember White stated that it will be a busy year for the Health and Public Safety Committee. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. 15 REGULAR MEETING FEBRUARY 14, 2011 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 7:38 p.m. ATTEST: ATTEST: John Voorde, City Clerk Derek D. Dieter, President 16