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HomeMy WebLinkAbout05-09-11 Common Council Meeting Minutes REGULAR MEETING MAY 9, 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, May 9, 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 1st 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 April 25, 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 April 25, 2011 Meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 4098-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING ALL POLICE OFFICERS KILLED IN THE LINE OF DUTY AND DECLARING MAY 20, 2011 AS A DAY OF REMEMBRANCE AND DEDICATION TO ALL SOUTH BEND POLICE OFFICERS , Whereas in 2010, law enforcement officers who died in the line of duty spiked to 162, reflecting an increase of 40% from the previous calendar year, with 39 of the 50 states experiencing losses within their police departments; and 1 REGULAR MEETING MAY 9, 2011 , Whereas tragically, the average age of officers killed was 41; the average length of service on the department was 12 years; with such officers overall leaving behind a spouse and two children; and , Whereas the South Bend Common Council further recognizes that on Friday, May 20, 2011 at 8:00 p.m. the Fraternal Order of Police, Lodge # 36 will hold their annual tribute and memorial service at our Police Department Headquarters, to honor all of the South Bend Police Department Officers who have given their lives in the line of duty. On behalf of a very grateful South Bend Community, we honor these very special police officers: Hans Brandt Paul R. Deguch Lewis Keller Delbert Thompson Fred E. Buland Charles E. Farkas, Sr. Neil McIntyre Lloyd Thompson Oscar Christenson Thomas J. DeRue, Sr. Nick S. Polizzotto Howard Wagner Samuel Cooper Ronald St. Germain, Sr. Scott Lee Severns The Common Council rededicates itself to assisting the families and friends of each of our fallen officers in helping their families rebuild their lives & assisting their fellow officers serving on the South Bend Police Department today. Now, Therefore, be it resolved, by the Common Council of the City of , South Bend, Indiana as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commemorates and gratefully honors each of the fifteen (15) members of the South Bend Police Department who made the ultimate sacrifice while serving and protecting the residents of the City of South Bend, Indiana. Section II. The South Bend Common Council honors each of our fifteen fallen police heroes who each have had their 10-42 called out; all of the fallen law enforcement officers across the country, and all of their families, friends and colleagues who have been left behind; not because of the way each of them died, but rather because of the way each of these dedicated police officers lived and performed their daily police duties. Section III. The Common Council hereby declares May 20 – May 31st, asLaw Enforcement Memorial Week in South Bend, Indiana. The Common Council urges all citizens to remember those who have given their lives while serving as part of the “thin blue line” standing between the lawful and the lawless. The Council encourages everyone to honor our fallen heroes by attending the Memorial Service sponsored by the men and women of the Fraternal Order of Police Lodge # 36 on Friday, May 20, 2011 at 8 p.m.at the South Bend Police Station Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain, 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney th Attest: Adopted this 9 day of May, 2011 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend 2 REGULAR MEETING MAY 9, 2011 Councilmember Puzzello, 1247 E. LaSalle Avenue, South Bend, Indiana, made the presentation for this Resolution by first offering her comments and then reading the Resolution in its entirety and presenting it to the Chief Jeffery Walters, Captain Steve Richmond and Cpl. James Taylor, President, F.O.P. #36 A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Jeffery Walters, Uniform Division Chief, South Bend Police Department, 701 W. Sample Street, South Bend, Indiana, stated that he was speaking on behalf of Police Chief Darryl Boykins who was out of town and unable to attend this evening. Chief Walters stated that he speaks as a voice for those no longer walking amongst them, the fifteen men who gave their lives in protection of their community. The choice of these heroic men to live for their community was made with the understanding that they could die for it too. Their choice reminds us of just how brave and remarkable they were. Since the first recorded line of duty death in 1792, nearly 19,000 law enforcement officers have made the ultimate sacrifice. In the past ten years the nation has averaged one officer death every 53 hours. This year alone over 65 officers have already given their lives, 31 of those killed by gun fire. Year to date compared to last year the nation has experienced an 8% increase in the number of line of duty deaths, unwelcomed new for certain. Chief Walters stated that what we as a community must do is to honor these brave men and their families and to never forget the sacrifices they made. The work that they loved and the service that was the center of their lives will continue. Their sacrifice and the great loss that the community has felt will be honored by a city that has been and will continue to be strengthened by their example. Cpl. James Taylor, President, F.O.P. #36, thanked the Council on behalf of the member of Lodge #36 for this honor. He invited everyone to attend the Memorial Service sponsored by the men and women of the Fraternal Order of Police Lodge #36 on Friday, May, 20, 2011 at 8:00 p.m. at the South Bend Police Department, 701 W. Sample Street. Councilmember Kirsits thanked the South Bend Police Department for all they do. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Oliver Davis seconded the motion which carried. RESOLUTION NO. 4099-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN SUPPORT OF COMMUNITY-WIDE PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) BROADCASTING FOR SOUTH BEND, MISHAWAKA AND ST. JOSEPH COUNTY , Whereas in 2006, the Indiana state law changed the way in which cable television companies and new video service providers receive authority to do business in Indiana; and , Whereas prior to 2006, Indiana cable companies negotiated franchise agreements with local governmental units [cities, towns counties]; however effective July 1, 2006, the state law shifted this franchising authority to the Indiana Utility Regulatory Commission (IURC); and 3 REGULAR MEETING MAY 9, 2011 , Whereas the IURC enforces the Federal Communications Commission’s (FCC’s) cable service standards at the state level and the State of Indiana operates and maintains a website which provides information provided by the Indiana Office of Utility Consumer Counselor; and , Whereas the Common Council recognizes that cable companies who were operating under local franchise agreements already in effect on July 1, 2006 with cities, towns and counties, are permitted to continue to operate under those agreements and pay franchise fees to each community until such agreements expire, with IURC approval being required thereafter; , Whereas the Common Council further recognizes that the City of South Bend has a franchise agreement with Comcast which expires on December 31, 2013, and that pursuant to that agreement South Bend receives a sum equal to five percent (5%) of the th gross revenues with payments to the city being made semi-annually on April 15 and th October 15. The City of South Bend also receives franchise fees from AT & T which began in 2009, as a result of IURC approval. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, , Indiana as follows: Section I. The South Bend Common Council stands ready to help support community-wide public access television, especially since such services have been curtailed since Comcast notified South Bend, Mishawaka, Plymouth, Goshen, Hammond, Merrillville and Portage that they would be closing production studios and playback facilities for public access television in December of 2007. Section II. The South Bend Common Council supports public access television which would broadcast public, educational and governmental programming. The Council believes that this should be a project undertaken by South Bend, Mishawaka, and St. Joseph County with the cooperative support of the private sector for the betterment of providing information and services. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor; with copies being sent thereafter to the administrative and legislative leaders in Mishawaka and St. Joseph County to help foster meaningful discussions. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain, 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney th Attest: Adopted this 9 day of May, 2011 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember David Varner, 1306 Clayton Drive, South Bend, Indiana, made the presentation for this bill. Councilmember Varner advised that he did not have his reading glasses with him and asked City Clerk John Voorde to read the resolution in its entirety. Councilmember Varner advised that this bill is proposed to help initiate cooperative support among public and private leaders in South Bend, Mishawaka, and St. Joseph County on developing community access television services for our residents. He stated that in December of 2007, Comcast closed their production studios and playback facilities for public access television. However, Comcast continues to pay franchise fees to cities, towns and counties which had franchising agreements in effect before the Indiana state law changed the franchising authority form them to the Indiana Utility Regulatory Commission (IURC). He noted that the “City of South Bend 2010 City and 4 REGULAR MEETING MAY 9, 2011 Town Annual Report” filed with the Office of the City Clerk on February 24, 2011, reported “Cable TV Receipts/Cable TV Franchise” received by the City of South Bend was $817,023 in 2010, which reflects the revenues paid by Comcast and AT&T to the city. He noted that the Council’s Information and Technology Committee, which he chairs has had numerous discussions on this topic. Councilmember Varner advised that cooperative efforts between other governmental units who receive franchise revenues, and other entities should be pursued. He noted that currently, public access television programming is taking place in Bloomington, Connersville, Fort Wayne, Indianapolis, Michigan City, Muncie and Richmond. Councilmember Varner stated that he is seeking support so that meaningful dialogue may begin prior to the governmental budgetary process. A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of this bill. Carol Davis, 1631 Lincolnway East, South Bend, Indiana, stated that she has always been in favor of continuing cable access even though their program was taken off the air as a result. However, when it comes to airing council meetings both city and county that something that needs to be done along with some of the departmental meetings such as Redevelopment. She reiterated that she is in favor of this and offered her help in trying to encourage St. Joseph County and the City of Mishawaka to get involved. She looked forward to getting this done. George Lane, CEO, Chairman, Citizens for Accountability, Inc., 2405 Division, Mishawka, Indiana. He thanked and congratulated the Council on their hard work in getting this Resolution to fruition. He especially thanked Councilmember Varner, Chairperson, Information and Technology Committee for his continued support, dedication and commitment of Community-Wide Public Access Broadcasting. Mary Press, President, WNIT Television, South Bend, Indiana, thanked the Council for this opportunity to be of service to the citizens of South Bend and St. Joseph County and to acknowledge and affirm that WNIT is ready to work with the Council to make sure that this kind of channel is managed well and professionally and is available to everyone in the County. Angel Hernandez, Vice-President of Production, WNIT, South Bend, Indiana, confirmed everything that Ms. Press stated. He stated that public access is a great community service. It is a way that the community can express itself, it democracy at it’s best, people get an opportunity to actually experience a broadcasting opportunity and see what television is all about and at the same time present their cause and some of the great things that need to be voiced. He thanked the Council for their acknowledgment and for their wisdom in making this happen. Peter Helland, 751 W. Ewing Avenue, South Bend, Indiana, President, Public Access Michiana, stated that he is encouraged that the Council is going forward with this Resolution. He stated that he hopes that Public Access Michiana will be kept in the loop because they want to be involved. Councilmember Rouse made a motion to adopt this Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:24 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember White 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. 5 REGULAR MEETING MAY 9, 2011 Councilmember Rouse stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO.13-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 400 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to continue this bill until the May 23, 2011 meeting at the request of the petitioner. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 14-11 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST-WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX. 344 FT.) THE FIRST NORTH-SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX. 410 FT.) Councilmember Kirsits made a motion to continue this bill until the May 23, 2011 meeting at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Kirsits made a motion to rise and report to the full Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Timothy A. 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 7:25 p.m. President Derek D. Dieter presided with nine (9) members present. 6 REGULAR MEETING MAY 9, 2011 BILLS – THIRD READING There were no bills for third reading at this time. RESOLUTIONS BILL NO. 11-28 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 700 WEST IRELAND ROAD, SOUTH BEND, IN 46614 Councilmember Puzzello made a motion to continue this bill until the May 23, 2011 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 11-29 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 1201 CAMPEAU Councilmember Rouse made a motion to strike this bill from consideration at the request of the petitioner. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 11-30 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 1019 TALBOT AVENUE AND 1023 TALBOT AVENUE, SOUTH BEND, IN 46617 Councilmember Kirsits made a motion to continue this bill until the May 23, 2011 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 11-34 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 1710 NORTH SHERIDAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK AND MANUFACTURING, INCORPORATED BILL NO. 11-35 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 1710 NORTH SHERIDAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF 7 REGULAR MEETING MAY 9, 2011 A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK AND MANUFACTURING, INCORPORATED Councilmember White made a motion to combine these bills for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 4100-11 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 1710 NORTH SHERIDAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK AND MANUFACTURING, INCORPORATED WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 1710 North Sheridan Street, South Bend, Indiana, and which is more particularly described as follows: Parcel of land beginning approximately 889.84 feet south and 40 feet east of NW ¼ SE ¼ and known as Gibbs Wire and Steel Company, Inc. minor sub section 33-38-2E cont appx AC and which has Key Number 018-2184-693803, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. 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; 8 REGULAR MEETING MAY 9, 2011 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 seven (7) 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 RESOLUTION NO. 4101-11 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 1710 NORTH SHERIDAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK AND MANUFACTURING, INCORPORATED 9 REGULAR MEETING MAY 9, 2011 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 1710 North Sheridan Street, South Bend, Indiana, and which is more particularly described as follows: Parcel of land beginning approximately 889.84 feet south and 40 feet east of NW ¼ SE ¼ and known as Gibbs Wire and Steel Company, Inc. minor sub section 33-38-2E cont appx AC and which has Tax Key Numbers 18-2184-693803 (Real Property) and 018-07522-00 (Personal Property) presently, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that 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 6-1.1-12.1-4.5. 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 10 REGULAR MEETING MAY 9, 2011 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 five (5) 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 Mr. Bill Welsh, Hoosier Tank and Manufacturing Incorporated, 1710 North Sheridan Street, South Bend, Indiana, made the presentation for this bill. Mr. Welsh advised that Hoosier Tank and Manufacturing is a manufacturer of air pressure reservoirs for OEM truck and trailer manufactures domestically and internationally. They perform metal forming, welding and painting operations required for the manufacture of air pressure reservoirs. He stated that they are planning to construct a 20,300 square foot to their existing building and install equipment for a new production line. The addition will provide new shipping docks with a turnaround access for six semitrailers, new warehouse space and a shipping area to accommodate their customer’s shipping needs. The addition will free up manufacturing floor space and allow the company to add machinery for a complete third production line which will increase their production capacity by 25 percent. He noted that the equipment for the production line includes a dust collector, air make up vent, new diameter tooling, leveler for shear, laser cutter, roller, leak detection system, progressive strap bracket die, forklift, washer, assembler, and an automated powder spray paint system. Mr. Welsh advised that the cost of construction portion of the project is estimated at $760,000 and the equipment is $1,175,000. The total project cost is estimated to be $1,935,000. Mr. Welsh stated that the project will move the company’s truck dock to a better location that will eliminate a major traffic obstruction due to trucks using the street for turning and backing up to the current dock for deliveries. He stated that this project is something that Hoosier Tank has been working with the City of South Bend for approximately two (2) years. A Public Hearing was held on the Resolutions 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 Bill No. 11-34. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Rouse made a motion to adopt Bill No. 11-35. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 11 REGULAR MEETING MAY 9, 2011 BILL NO. 11-31 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING BOARD OF PUBLIC WORKS RESOLUTION NO. 21-2011 REGARDING BLOCK PARTY APPLICATIONS Councilmember Varner made a motion to continue this bill until the May 23, 2011 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILLS – FIRST READING BILL NO. 19-11 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: LINCOLNWAY WEST FROM MAYFLOWER ROAD EAST APPROXIMATELY 1,400 FEET This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on May 23, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 20-11 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF MICHIGAN ST., FROM DAYTON ST. SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 137 FEET AND A WIDTH OF 14 FEET This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on May 23, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 21-11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1507, 1513, 1517, 1521 SWYGART AND VACANT LOTS 246, 247 AND 249, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 22-11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF AND ADJACENT TO 1710 SHERIDAN, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 12 REGULAR MEETING MAY 9, 2011 BILL NO. 23-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $177,000 WITHIN PARKS & RECREATION FUND #201 FOR GRAFFITI REMOVAL ACTIVITIES This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety and PARCS Committees and set it for Public Hearing and Third Reading on May 23, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 24-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $215,000 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND 416) FOR THE RENOVATION AND RESTORATION OF WINDOWS, DOORS, RESTROOMS, EXTERIOR NORTH WALL, AND ARCHITECT & ENGINEERING FEES This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on May 23, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 25-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $3,100 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET ENVELOPES This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on May 23, 2011. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 26-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING A MORRIS PERFORMING ARTS CENTER/PALAIS ROYALE BALLROOM BOX OFFICE AGENCY FUND (#725) This bill had first reading. Councilmember Varner made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on May 23, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 27-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $9,150,000 13 REGULAR MEETING MAY 9, 2011 FOR MAJOR CAPITAL INVESTMENT PROJECTS IN 2011 This bill had first reading. Councilmember LaFountain made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on June 13, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 28-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISIONS 1,3,4 AND 6 OF THE SOUTH BEND MUNICIPAL CODE TO INCORPORATE THE ENVIRONMENTAL PROTECTION AGENCY (EPA)’S MODEL PRETREATMENT ORDINANCE This bill had first reading. Councilmember LaFountain made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on June 13, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS BILL NO. 18-11 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO BUILDING FEES Councilmember Puzzello made a motion to continue this bill until the July 11, 2011 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 15-11 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4124 OLD CLEVELAND RD, SOUTH BEND, IN 46628, COUNCILMANIC DISTRICT ONE (1) IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to strike this bill from consideration at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 11-36 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTIES LOCATED AT (413 ST. LOUIS STREET, 417 ST. LOUIS STREET, 425 ST. LOUIS STREET, 418 HILL STREET, 428 HILL STREET AND 420 HILL STREET, ALL IN SOUTH BEND, INDIANA 14 REGULAR MEETING MAY 9, 2011 BILL NO. 11-37 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTIES LOCATED AT (327 ST. LOUIS STREET, 333 ST. LOUIS STREET, 325 ST. LOUIS STREET, AND 336 HILL STREET, ALL IN SOUTH BEND, INDIANA Councilmember Varner made a motion to refer Bill Nos. 11-36 and 11-17 to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on May 23, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Oliver Davis stated that he is planning a tour of the new TRANSPO facility. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 7:40 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 15