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HomeMy WebLinkAbout02-28-11 Common Council Meeting Minutes REGULAR MEETING FEBRUARY 28, 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 28, 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 Karen L. White At-Large Absent: Timothy Rouse At-Large, Chairperson Committee of the Whole 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 February 14, 2011 Meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember White made a motion that the minutes of the February 14, 2011 Meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS SWEARING-IN OF CITIZEN MEMBER ALEXANDRA SOISSON TO THE COMMUNITY RELATION COMMITTEE City Clerk John Voorde swore in Alexandra Soisson, to the Community Relations Committee. SWEARING-IN OF CITIZEN MEMBERS RICHARD KLEE AND ANTHONY FITTS TO THE RESIDENTIAL NEIGHBORHOODS COMMITTEE City Clerk John Voorde swore in Richard Klee and Anthony Fitts to the Residential Neighborhoods Committee. 1 REGULAR MEETING FEBRUARY 28, 2011 UPDATE MR. JERRY NIEZGODSKI REGARDING LASALLE SQUARE Mr. Jerry Niezgodski, 2930 Bonds Avenue, South Bend, Indiana, updated the Council on the status of LaSalle Square. Mr. Niezgodski placed on file with the Office of the City Clerk out a hand-out regarding the Airport Economic Development Area and projected expenditures. Councilmember Henry Davis made a motion to hear Bill No. 11-15 under Special Business. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 4084-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN OPPOSITION TO SENATE BILL 590, CURRENTLY PENDING IN THE INDIANA GENERAL ASSEMBLY, WHICH PROPOSES NEW REGULATIONS ON THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS, CHECKING THE CITIZENSHIP OR IMMIGRATION STATUS OF INDIVIDUALS AND RELATED MATTERS Whereas, on January 20, 2011, Senate Bill 590 was filed by Indiana Senator Mike Delph of Carmel, which proposes to make various changes to state laws concerning the enforcement of federal immigration laws, checking the citizenship or immigration status of individuals and several other matters including but not limited to requiring that only English be used in public meetings and public documents; requiring the federal government to reimburse the state for costs; and requiring a process to suspend or revoke business licenses who knowingly employ unauthorized aliens; and Whereas, as of the filing of this resolution, the Indiana Senate Committee on Pensions and Labor and the Indiana Senate Committee on Appropriations held public hearings on Senate Bill 590 where heated debate took place; and Whereas, one of the key concerns raised was by Eli Lilly and Company, a research-based company founded in 1876 in Indianapolis by Colonel Eli Lilly, a U.S. Civil War veteran who was frustrated by the poorly prepared and ineffective medicines at that time, which has grown into a company with 38,350 employees worldwide and markets products in 143 countries, stated that: [this] `anti-immigration and English-only legislation [will] make it difficult to recruit new and educated workers and retain current employees in our Indiana communities, who simply will not move to and live in a state that is seen as unwelcoming"; and Whereas, Cummins, Inc. headquarter in Columbus, Indiana which designs, manufactures, distributes and services engines and related technologies in 190 countries with over 5,200 dealer locations joined Eli Lilly and Company in opposing Senate Bill 590; and Whereas, the City of South Bend, like most other communities throughout our state and the nation, are in the midst of trying to attract and grow businesses in very challenging economic times; and Whereas, the Indiana State Senators and Representatives should especially take notice when Indiana based companies, which have global footprints and are among the state's largest employers, raise serious concerns about the potential consequences to their 2 REGULAR MEETING FEBRUARY 28, 2011 companies and future ability to have robust job creation ,if Senate Bill 590 becomes law; and Whereas, in reviewing the four (4) Fiscal Impact Statements prepared by the Indiana Legislative Services Agency of the Office of Fiscal and Management Analysis based in Indianapolis, each of these reports under the heading "Explanation of Local Expenditures" include a note that: "This fiscal note does not include a secondary analysis of the potential effects stricter enforcement of unauthorized immigration law may have on local expenditures" ; and Whereas, the South Bend Common Council and the South Bend City Administration worked and collaborated together to carefully weigh and balance city priorities in order to reduce expenditures of tax dollars funding the General Fund and the Parks & Recreation Fund from 2006 through 2010, which resulted in: • 15.5 % decrease in the General Fund spending totaling $10.9 million • 1.6% decrease in the Parks & Recreation Fund spending totaling $180,000 while also having interest earnings being reduced by $1.8 million for this same period of time; Whereas, the South Bend Common Council and the South Bend City Administration have further had to grapple with property tax revenues being down $12.2 million and projected COIT and EDIT revenues projected to decrease over the next two (2) years; Whereas, the City of South Bend, with the support of its residents and businesses, have put the highest of priorities on good fiscal management which is transparent and responsive; and that is one of the reasons why it is particularly disturbing that our State Senators and State Representatives may fail in their own due diligence requirements by not even having the potential or projected costs to local governments identified which would result from the passage of Senate Bill 590. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, believes that Indiana State Senators and State Representatives should continue indefinitely Bill 590, in light of the potential negative effects which such legislation may have on job creation, business expansion and attraction, the negative perception it may have on all Indiana communities if enacted, and pending judicial challenges in other jurisdictions on similar legislation which are proving very costly to their taxpayers. Section II. The Common Council further believes that in light of the Hispanic population being the fastest growing segment of the South Bend community, as reported in the latest U.S. census data, and the unknown costs which may result to our police department, that enactment of Senate Bill 590 may be a reckless disregard of due diligence requirements by the state elected officials for their failure to even consider a cost/benefit analysis of enforcement of such a law by local governments. Section III. The Common Council requests the City Clerk to send a copy of this Resolution to each of the duly elected State Senators and State Representatives representing the City of South Bend, as well as to the chief sponsor of Senate Bill 590 Senator Mike Delph, and the presiding officers of the Indiana Senate and the Indiana House of Representatives. 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. 3 REGULAR MEETING FEBRUARY 28, 2011 s/Derek D. Dieter Member of the Common Council Councilmember LaFountain, Chairperson, Personnel and Finance Committee reported that this Committee met this afternoon and voted to send this bill to the full Council with a favorable recommendation. Councilmember's White, Oliver Davis, Henry Davis, and Kirsits, made the presentation for this bill. They offered comments and then read the Resolution in its entirety. A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of this bill. Rudy Monterrosa, 23232 Amber Valley Drive, South Bend, Indiana, stated that he is in favor of this bill. He urged the Council's favorable consideration. Pastor Don Gaston, Emmanuel Church, Member of TAP (Transforming Action into Power) stated that he is speaking in favor of this bill because no one should have their citizenship challenged. Pastor Gaston stated that this bill takes us back to time that once thought fugitive slaves had to carry proof that they were not fugitive but free. He stated that he has been asked if he is Haitian or from a foreign country. He stated that he is an American Citizen born and raised here. He also stated that he was concerned about law enforcement officers being tied up with this procedure and not available when he calls for help. Jesusa Riveria, 1632 W. Indiana, South Bend, Indiana stated that she is a member of St. Adalbert's Church, and a member of TAP. She thanked Councilmember White and the Members of the South Bend Common Council for this Resolution. Ms. Riveria advised that she is in favor of this bill. Ms. Rivera stated that this bill will send a strong vital message to insuring legal immigrants, their families and their employers that they feel welcome to integrate into our society without being labeled simply by the color of their skin, the accent that they speak or the way that they are dressed. The Resolution will send a sign to our local business leaders and their employers that they will not allow a politician looking at easy points in the media to hurt legitimate businesses serving in service by immigrant laborers. SB 590 will drive jobs and investment to other states. This Resolution will give businesses hope that they can come to South Bend and do business here. Jose Garcia, 2634 Grace Street, South Bend, Indiana, stated that he is a student at John Adams High School, and a member of TAP. He stated that this Resolution will send a message to students that it does reflect the values of South Bend. He stated that students from around the country are encouraged here to receive a higher education. He stated that he is in favor of this resolution and urged the Council's favorable consideration. Juan Escanevo, 1924 Sherman, South Bend, Indiana Member of TAP and in favor of this Resolution. He stated that he would like to recognize all the people in attendance tonight. He stated that they are being isolated just because of the way they look. He applauded the Council for this Resolution and noted that they are the first to do so. He stated that this is just the tip of the iceberg for people who are looking at Indiana to make it their home, work and a place to raise their families. Dustin Saunders, 119 LaPorte, South Bend, Indiana, stated that he is in favor of this bill. He thanked Councilmember White for sponsoring this bill. He stated that he finds bill 590 utterly appalling and wrong. It is bigoted and wrong. He urged the Council's favorable adoption of this Resolution. Councilmember Varner advised Pastor Gaston that police services would not be hindered by this bill. No one would be denied services. This bill does not state that and he wanted to make it clear for the record. 4 REGULAR MEETING FEBRUARY 28, 2011 Councilmember Henry Davis made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried. The Resolution was adopted by a roll call vote of eight (8) ayes. RECESS Councilmember Oliver Davis made a motion for a five (5) minute recess. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:47 p.m. Councilmember Henry Davis made a motion to resolve into the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Oliver Davis, Vice-President, presiding. Councilmember Oliver Davis 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 Oliver Davis stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS 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 Varner made a motion to continue this bill until the March 28, 2011 meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 87-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE 2010 SALARY ORDINANCE TO AUTHORIZE NEW POSITION TITLES AND SETTING THE MAXIMUM SALARIES TO BE PAID TO CERTAIN NON BARGAINING EMPLOYEES Councilmember Dieter made a motion to consider the 2nd Substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this 2nd substitute version of this bill to the full Council with a favorable recommendation. Mayor Stephen Luecke, 14th Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill Mayor Luecke advised that this 2nd substitute bill amends Ordinance No. 9959-09 Fixing Salaries and Wages for Appointed Officers and Non Bargaining Employees of the City of South Bend, Indiana for fiscal year 2011. The substitute bill allows for a position in the 5 REGULAR MEETING FEBRUARY 28, 2011 Police Department, a Crime Lab Firearms Examiner; a position in Public Works, Director CSO Project Management; a position in the Park Department, Zoo Veterinarian; and in the Water Works Department a $30 cent per hour increase to water technicians. Mayor Luecke advised that the Crime Lab Firearms Examiner is a new position formally preformed by a sworn Officer. The Director CSO Project management is a new position formally the Director of Environmental Services created to lead the CSO long term project. Former position will be deleted from the active position titles. This position is critical to leading the EPA mandated CSO project. The Zoo Veterinarian is an existing position. The increase in salary is to set compensation at fair market equity level commensurate with job duties & responsibilities and noted that it is still well below market level for a veterinarian. Mayor Luecke stated that the increase in the Water Works Department is to pay $30 per hour to water technicians to monitor water flow distribution data during off duty hours. He stated that they will administratively deal with the other positions and may come back to the Council in a couple of months to address some of the positions that were dropped out of the original bill. Councilmember Henry Davis, Jr. advised that he has concerns about this bill. He noted that during negotiations that it was the consensus not to take a raise. He stated that he voted against the budget and will not be voting in favor of this bill either. He stated that it is just bad timing. 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 2nd Substitute Bill. Councilmember Puzzello seconded the motion which carried by a voice vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis, Jr.) RISE AND REPORT Councilmember Kirsits made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: John Voorde, City Clerk Oliver Davis, Vice-President 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 7:56 p.m. President Derek D. Dieter presided with eight (8) members present. 6 REGULAR MEETING FEBRUARY 28, 2011 BILLS — THIRD READING ORDINANCE NO. 10073-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CENTRE TOWNSHIP, CONTIGUOUS THEREWITH, COUNCILMANIC DISTRICT NUMBER 5, THOMAS W. & JANE M. HENRY, 61175 MIAMI RD. SOUTH BEND, INDIANA 46614 This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Varner made a motion to pass this bill as amended. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight(8) ayes. ORDINANCE NO. 10074-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE 2010 SALARY ORDINANCE TO AUTHORIZE NEW POSITION TITLES AND SETTING THE MAXIMUM SALARIES TO BE PAID TO CERTAIN NON BARGAINING EMPLOYEES This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as amended. Councilmember Kirsits seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis, Jr.) RESOLUTIONS RESOLUTION NO. 4085 -11 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3849 SHOWERLUX DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND GEAR, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3849 Showerlux Drive, South Bend, Indiana, and which is more particularly described as follows: 7 REGULAR MEETING FEBRUARY 28, 2011 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, 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 sec.. 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. Stan Blenke, South Bend Gear, LLC., 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 production representing a new annual payroll of at least $550,000. It is estimated that 8 REGULAR MEETING FEBRUARY 28, 2011 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 eight(8) ayes. RESOLUTION NO. 4086-11 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 5102 DYLAN DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A(5)FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GLOBAL PARTS NETWORK, 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 5102 Dylan Drive, South Bend, Indiana, and which is more particularly described as follows: Lot 1 of Portage Prairie Minor subdivision#1 and which has Key Number 025-1009-014603, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; 9 REGULAR MEETING FEBRUARY 28, 2011 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 Henry Davis, Jr., Vice-Chairperson, Community & 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. Steve Crowley, 760 McArdle Drive, Crystal Lake, Illinois, made the presentation for this bill. He advised that Global Parts Network is proposing to set up a new manufacturing/distribution facility that will manufacture/distribute brake shoes and other parts for the heavy duty truck market. The project will acquire several pieces of equipment including a press, press washer, blasters, paint line, packaging machines, forklifts, riveters and deriverters as well as computer hardware and peripheral equipment. The Petitioner plans to lease a portion of the Huron building managed by Holladay Properties to house the new facility. The company is considering the South Bend location was well as sites in Illinois and Kentucky. He stated that the estimated cost of the project is $2,075,000. Total taxes to be abated during the five (5) year abatement period are estimated at $90,250. Total taxes to be paid during the five (5) year abatement period are estimated at $82,121. It is estimated that the total project will create twenty- two (22) new, permanent, full-time jobs in the first year of the production representing a new annual payroll of approximately $565,000. He estimated that there will be a total of 30 permanent full time jobs by the end of the fourth year of the project. He noted that because the project is new there are no existing jobs. A Public Hearing was held on the Resolution at this time. 10 REGULAR MEETING FEBRUARY 28, 2011 Mr. Bill Knowland, 1316 Garland, South Bend, Indiana, advised that he is in favor of the bill and urged the Council for their favorable consideration. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of eight(8) ayes. BILL NO. 11-16 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING POLICIES AND FORMS OF RESOLUTIONS TO BE USED IN CONNECTION WITH THE CONSIDERATION OF THE GRANTING OF A PROPERTY TAX EXEMPTION PURSUANT TO INDIANA CODE 6-1.1-10-44 FOR QUALIFIED ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT Councilmember Oliver Davis made a motion to continue this bill until the March 14, 2011 meeting of the Council. Councilmember Henry Davis seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 4087-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the "Act"), on January 21, 2011, approved and adopted its Resolution No. 2837 (the "Declaratory Resolution"), Exhibit A, amending the acquisition list in the West Washington-Chapin Development Area Development Plan (the "Plan") for the West Washington-Chapin Development Area (the "Area") and amending the West Washington-Chapin Development Area Development Plan (the "Plan Amendment"); and WHEREAS, the Plan Amendment identifies one or more parcels located within the Area as parcels necessary for the implementation of the Plan calls for the addition of those parcels to the Acquisition List contained within the Plan; and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the "City"), on February 15, 2011, adopted and approved a resolution, a copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the "Plan Commission Order"); and 11 REGULAR MEETING FEBRUARY 28, 2011 WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Plan Commission Order attached hereto is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 28th day of February, 2011. s/Derek D. Dieter Member of the Common Council Councilmember Henry Davis, Jr., Vice-Chairperson, Community & 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. David Relos, Community & Economic Development, 12th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Relos advised that this bill would add two properties 601-605 W. Washington and 109-111 N. Taylor to the acquisition list of the West Washington-Chapin Development Area and allow its acquisition and rehabilitation for the future use as in-fill, market rate housing. 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 eight(8) ayes. BILLS - FIRST READING BILL NO. 06-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1,500,000.00 FROM STATE GRANT FUND (#210) AS THE OPERATING ENDOWMENT FOR THE RAY AND JOAN KROC CENTER This bill had first reading. Councilmember Varner made a motion to refer this bill to the PARCS Committee and set it for Public Hearing on March 14, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. 12 REGULAR MEETING FEBRUARY 28, 2011 BILL NO. 07-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $2,000,000 FROM MAJOR MOVES FUND (#412) AND THE SUM OF $400,000 FROM SEWAGE WORKS CAPITAL FUND (#642), FOR TOTAL APPROPRIATION OF $2,400,000 FOR THE PURPOSE OF INFRASTRUCTURE CONSTRUCTION AT THE TRIANGLE PROPERTY PROJECT SITE This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on March 14, 2011. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS Councilmember Henry Davis stated that he would like to address vacant and abandoned home issues under his Community Relations Committee and jointly with the Health and Public Safety Committee. REPORT FROM AREA PLAN COMMISSION: BILL 03-11 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5032 MIAMI STREET, SOUTH BEND, IN, COUNCILMANIC DISTRICT FIVE(5) IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on March 14, 2011. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS FROM MR. DUSTIN SAUNDERS REGARDING ROUNDABOUTS ON THE SOUTH SIDE OF SOUTH BEND AND CODE ENFORCEMENT Mr. Dustin Saunders, 119 LaPorte Avenue, South Bend, Indiana, advised that installing roundabouts on the south side of town is a total waste of money. Relocating businesses on South Main Street is unnecessary. Those businesses have been there a long time and don't want to relocate. Mr. Saunders then talked about the Code Enforcement Department. He advised that the Department of Code Enforcement cited him for random trash and furniture outside of his trash receptacle and then billed him $150.00. He stated that he had called Environmental Services and asked for a large item to be picked up. They did not honor that request and thus the item was left. He stated that Code has many issues within the City that they need to focus on such as vacant and abandoned homes and trash that has been lying around for months. He urged them not to pick on citizens who try to do the right thing. He stated that the Department of Code Enforcement needs to have better communication with the residents. 13 REGULAR MEETING FEBRUARY 28, 2011 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:12 p.m. ATTEST: ATTEST: John Voorde, City Clerk Derek D. Dieter, President 14