Loading...
HomeMy WebLinkAbout09-26-11 Common Council Meeting Minutes REGULAR MEETING SEPTEMBER 26, 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, September 26, 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 Henry Davis, Jr. 2nd District Thomas LaFountain 3rd District Ann Puzzello 4th District David Varner 5th District Oliver Davis 6th District, Vice-President Timothy Rouse At-Large, Chairperson Committee of the Whole Karen L. White At-Large Absent: Al “Buddy” Kirsits 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 September 12, 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 Oliver Davis made a motion that the minutes of the September 12, 2011 Meeting of the Council be accepted and placed on file. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Council President Dieter welcomed Boy Scout Troop #444 from Northwest Methodist Church. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Henry Davis made a motion to resolve into the Committee of the Whole. Councilmember David Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Timothy 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. 1 REGULAR MEETING SEPTEMBER 26, 2011 PUBLIC HEARINGS BILL NO. 53-11 PUBLIC HEARING ON A BILL FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2012 BILL NO. 54-11 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012, AND ENDING DECEMBER 31, 2012, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 55-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Puzzello made a motion to combine Bill Nos. 53-11; 54-11; 55-11 for purposes of Public Hearing. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee met on these bills and sends Bill Nos. 53-11; 54-11 and 55-11 to the full Council with no recommendation. Councilmember Dieter made a motion to hear the substitute version of Bill No. 53-11. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for these bills. Mayor Luecke advised that he will make some opening comments and then turn to City Controller Gregg Zientara to provide additional detail with a power point presentation. Mayor Luecke advised concerning Substitute Bill 53-11, this bill sets the tax rate for levying property taxes to fund portions of the budget the substitute bill provides a total civil tax rate of $3.82990; the total redevelopment rate is $0.08570. Mayor Luecke stated that it has been the tradition and is actually recommended by the Department of Local Government Finance (DLGF) that they calculated these rates based on a very conservative estimate of assessed value because they don’t know the final number. A little higher estimate of expenses for the city so that ultimately the DLGF will review the final assessed value and the budget which is passed by the city to set the formal rate. He stated that their calculation is that the end rate will be something just north of $3.00 as the final certified rate for the city. He stated that they do not know that at this point and are asking for the Council’s favorable consideration on this rate to allow them to move 2 REGULAR MEETING SEPTEMBER 26, 2011 forward. Concerning the two budget bills, first the city has come through some tough economic times and still face some in the future, but their attention to fiscal matters has kept the City financially strong and has set a solid foundation for the next administration and the next Council to be able to continue advancing the City of South Bend. The City is presenting a balanced General Fund budget and Parks budget. They will have deficit spending in some capital and enterprise funds and are using built up reserves to fund those deficits. They nevertheless are maintaining solid reserves and have set some policies in various funds for levels of reserves that they want for cash flow. He stated that they are maintaining those reserves and many of those funds still have some additional reserve beyond that. Revenue is project to be flat, except for a sewer increase to cover the cost of Combined Sewer Overflow (CSO) a long term control plan. The circuit breaker impact continues to grow for the City of South Bend, $21.3 million dollars projected for 2012. Revenue projection through COIT and EDIT distribution will be held flat, nevertheless, in particular because of the Public Safety Loit, they have been able to bring Police Department and Fire Department to full strength. They have been able to maintain Park Facilities and Programs. They have funded Code demolitions, maintained a robust paving program, and these are all priorities that they have heard at public meetings that they have had and from the Council. He stated that they have started a new Graffiti removal program again at the suggestion of the Council. He stated that they believe it is moving very positively. Mayor Luecke thanked the administration and staff for their excellent work as they have striven to become more efficient and effective. He thanked the Council for their support for these initiatives as they move forward. He thanked the tax payers and rate payers who provide the dollars that the city uses to provide these services. Mayor Luecke stated that as we look to the civil city budget for 2012, he reminded the Council that this is based on the City’s vision, our vision of South Bend which was developed in the City Plan process and has continually been reaffirmed by Council and Administration, that South Bend is vibrant caring City that we celebrate our diversity and vitality, we nurture our educational social cultural natural human and economic resources. He stated that our City Government dedicates itself to civic engagement, enjoy a high quality of life, the center of learning, foster entrepreneurship that attracts and retains competitive businesses. He stated that we are a city of safe and unique neighborhoods with diverse housing choices, a dynamic downtown and an excellent transportation system. He stated that we are proud stewards of the natural environment. Mayor Luecke stated the goals and objectives for 2012, are reinforced by the establishment of City Plan and they are to strengthen our economy; to improve public safety and civility, to maintain quality of life; to expand trust in City Government, to be more responsive, efficient and effective, to improve the city’s infrastructure, to sustain a solid financial condition and to support the city’s workforce. Mayor Luecke stated that some of 2011 accomplishments were that the City withstood negative effects of circuit breaker property tax reform and nevertheless were able to maintain city services in particular to bring the Police and Fire Departments to full force and all of this done without disruption to services to the residents. He stated that there has been economic development progress highlighted by continued work at Innovation Park and Ignition Park. He noted that they have found efficiency improvements in City infrastructure and back office operations. He stated that in concert with City Goals and Objectives their 2012 budget priorities are to continue to fund economic improvement to provide excellent public safety services, to provide excellent quality of life services, to be transparent in our actions and to continue to improve city responsiveness efficiency and effectiveness. He stated that they also continue to strive for improvement in city infrastructure to maintain strong and financially stable city financial condition and to value the human resource asset of all of the city employees. th Gregg Zientara, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented a power-point presentation. A copy of that presentation can be obtained in the Office of the City Clerk. Councilmember Oliver Davis asked if there are any funds available in this 2012 budget for the new fire house. Mr. Zientara asked Councilmember Oliver Davis if he asking about a new fire house replacement of Stations #5 and #9. He stated yes, included in this budget is that the City 3 REGULAR MEETING SEPTEMBER 26, 2011 is going to finance the replacement of stations #5 and #9 and the training facility. The City is going to finance that with basically a “mortgage.” He stated that the current plan is that is going to be a seven (7) to ten (10) year mortgage, it is not going to be a bond issue. He stated that they intend to come to the Council yet this year for the approval to secure that financing arrangement. The money that is included in this budget is basically the debt service payment that they would make the mortgage payment that they would make on #5 and #9 and the training facility in 2012. Construction starting in the third quarter or fourth quarter of this year, those facilities won’t be commissioned until probably next mid-summer. Councilmember Oliver Davis asked if construction would start this year. Mr. Zientara stated that is the plan. He stated that the plan is to have shovels in ground before December 31, 2011. Councilmember Dieter reiterated that the administration is going to come back to Council before the end of the year. Mr. Zientara stated that the financing is already included in the 2011 Budget, and no appropriation is required. He stated that if the Council approves this budget there will be no additional appropriation required in 2012. He stated that what they have to do because they are going to enter into a debt instrument, the Council has to say yes to that. He stated it is just like when we do a bond issue, they are obligated even through the bond has been budgeted and is appropriated within the budget, they are still obligated to come before the Council and have Council specifically approve the issuance of the bond. That’s the same thing that is being done on this particular debt issue. He reiterated that the money is already budgeted in 2011, money is budgeted in 2012 within this, it is no new money appropriation, it is just Council giving approval to incur the debt instrument. Councilmember Varner asked for clarification on what is the appropriation request is for . Mr. Zientara stated that in the 2011 budget, #5 and #9 replacements were always there and the Training Facility was always there. Those were to be constructed, shovels in ground, and construction completed in 2011, and that’s not going to happen. Councilmember Varner asked in this budget what is the appropriation amount. Mr. Zientara stated that the appropriation in this budget is six (6) months of debt service payment in 2012 on about half million dollars of debt service payment. Councilmember Varner stated that they are expecting an annual payment of million dollars. Mr. Zientara stated $1 million dollars. He stated that it is going to be funded by the EMS Capital Fund, not General Fund. He stated that they have cash flowed it and there is sufficient cash flow in the EMS Capital to support this. Councilmember Varner stated that if the administration comes back with this, will this have a general obligation clause? Mr. Zientara stated that he doesn’t intend it to. He reiterated that the intention is no. Councilmember Varner asked Mr. Zientara to get that information to Council. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to these bills. 4 REGULAR MEETING SEPTEMBER 26, 2011 Councilmember Henry Davis stated that he wanted to comment on the practice of going through the budget process. He stated that at best the budget process has been luke warm. He stated that they schedule meetings with poor attendance from some Council due to scheduling conflicts clearly, others work different jobs. During the course of many of the hearings that were held, there was no reference by any department about last years budget and how did they report if they experienced any failures or some not so good things or things that really worked well or even a metric system that should be used to measure what is going well within the departments and what is not and what needs to be refined or what could be enhanced. He stated that he saw very little of that at best he felt that there were a few departments that came in and they did an excellent job of showing the Council their marks and how they are going to refine some things that didn’t work out. He stated that he is very unhappy of how this whole process has gone. He stated that this is his fourth budgeting session and that the first two were kind of hazy and now that he has gained some more knowledge and understanding it is critical that when they go through the budget process that they look at the things that are base line and necessary. He stated that before they give any raises they need to make sure that all employees are on full-time, 40 hour pay scale. He stated that it was presented that was not permissible or out of whack or the people that were under forty hours were saying that they don’t need the extra 8 hours. He stated that he doesn’t believe that because this is a recession and the price of gas and milk is too high for anybody who says they don’t want to be full-time. He reiterated that he is very unhappy and thinks that they deserve more as a Council from the City Administration as well as from Department Heads. He stated that they owe to their constituents, the taxpayers here in the City of South Bend to make sure that they are hitting at the levels that we should be hitting from year to year, but at a higher level from year to year. He stated that he is not expecting a 100% turn around each year, because we are human, and this thing called human error and it was because he didn’t see any different practices from 2008 to current date. He stated that it seems like it has been on the decline rather than an incline. Councilmember Dieter made a motion to refer Bill No. 53-11 to the Personnel and Finance Committee and set it for Third Reading on October 10, 2011 in the Council Portion Only. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dieter made a motion to refer Bill No. 54-11 to the Personnel and Finance Committee and set it for Third Reading on October 10, 2011 in the Council Portion Only. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dieter made a motion to refer Bill No. 55-11 to the Personnel and Finance Committee and set it for Third Reading on October 10, 2011 in the Council Portion Only. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Varner asked for clarification on what “In the Council Portion Only” means. He stated that these bills are not passed tonight they are being continued until the October 10, 2011 meeting of the Council and that the Council can have more input at that time. Council Attorney Kathleen Cekanski-Farrand stated that Councilmember Varner has stated it correctly and needs no further clarification. BILL NO. 56-11 PUBLIC HEARING ON A BILL FIXING SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2012 5 REGULAR MEETING SEPTEMBER 26, 2011 Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee met on this bill and sends it to the full Council with a favorable recommendation. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Luecke advised that the salary bill that they had submitted for the Council’s consideration generally provides a 2% increase in wages for non-bargaining employees for the City of South Bend. He stated that there are a few positions that have a larger increase than that which has been discussed in Council Committee. Mayor Luecke asked for the Council favorable consideration on this bill. Councilmember White asked Mayor Luecke to explain to the public the rationale for those positions receiving more than a 2% increase. Mayor Luecke stated that these are positions that during the budget process department heads came to the administration and indicated that there had been either an increase in responsibility for that position or again and in particular he think of the communication specialists in the 911 center that they are under paid compared to the market and it was important to increase those dollars to be able to retain employees that we have unfortunately become a farm league for some of the other communication centers in the region. He stated that they would train people and then they would move on to other places where they had fewer calls to take and higher salaries. He stated that was the rationale for those increases. 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 White made a motion for favorable recommendation to full Council concerning this bill. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 59-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $95,000 FROM GENERAL FUND #101 TO PURCHASE AND SPECIALLY EQUIP FOUR (4) POLICE VEHICLES Councilmember White, Chairperson, Health and Public Safety Committee, reported that this committee met on this bill and sends it to the full Council with a favorable recommendation. Councilmember Dieter disclosed that he is a member of the South Bend Police Department. He stated that he has filed his disclosure statement with the State of Indiana, St. Joseph County Clerk, and the Office of the City Clerk, and after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflict exists. Mr. Gary Horvath, Services Division Chief, South Bend Police, 701 W. Sample Street, South Bend, Indiana, made the presentation for this bill. Mr. Horvath sated that this bill would appropriate $95,000 from the General Fund #101, for the purchase of four (4) investigative Administrative Police vehicles including all necessary emergency equipment, lights, siren, speakers, etc. Mr. Horvath advised that the monies used to fund the vehicle acquisition will be from existing cash balance in the general fund which has accumulated over the last twenty-four (24) months, from insurance settlements received from third party insurance carriers for vehicle damages caused by third party events. He stated the city has a current balance of $113,110 6 REGULAR MEETING SEPTEMBER 26, 2011 received from third party insurance carriers with the sole intended use to fund the replacement of the vehicles damaged by the third party’s. He stated that the remaining unused balance of insurance reimbursement will be $18,110 sequestered in the general fund to accumulate for future third party damaged vehicle replacement. 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 Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 60-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $400,000 FROM SEWAGE WORKS CAPITAL FUND #642 FOR ENGINEERING EXPENSE ON THE PRIMARY CLARIFIER REHABILITATION PROJECT Councilmember Oliver Davis, Chairperson, Utilities Committee, reported that this committee met on this bill and sends it to the full Council with a favorable recommendation. th Mr. Gary Gilot, Director, Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that this project is one of twenty projects and a part of the 50 million dollars identified in the facility plan to upgrade the nearly 60 year old facility. This project is important to bring the plant up to standards to meet current EPA and IDEM regulations and combined ewer overflow consent decree negotiations. Also, there is a daily growing need to replace this equipment as we are using 3 different companies, equipment parts to repair and piece together this worn out equipment to keep it in operation. This project is estimated to cost 3.5 to 4 million dollars. The project scope is to totally rebuild and refurbish all eight (8) primary clarifiers. This process equipment can treat up to 100 million gallons of wastewater a day. The primary clarifiers are used to remove raw wastewater solids, grease and scum and some of the biological oxygen demand found in wastewater. The major components for upgrade are the concrete structures themselves, gears, chains, sprockets, valves, flight scrappers, chain rails, hand rails, tilt tubes and gear reducer drive mechanisms. The project will be accomplished over 3 years as we must keep the wastewater plant in operation as we do the tanks one at a time. The bill would allow for the appropriation for engineering services to jump start the clarifier rehabilitation effort. Mr. Gilot noted that the budget presented to the Council includes these engineering monies for spending in fiscal 2012, and if this bill is approved, the 2012 budget could be reduced by the same dollar amount. Mr. Gilot noted that the request of funds is to enable completion of engineering yet this year and allow the project to be construction bid in January 2012 allowing the construction to commence when the weather breaks in the spring of 2012, thus speeding up the project. 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. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. 7 REGULAR MEETING SEPTEMBER 26, 2011 BILL NO. 61-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $1,498,700 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FOR INFRASTRUCTURE INVESTMENT Councilmember Varner, Chairperson, Public Works and Property Vacation, reported that this committee met on this bill and sends it to the full Council with no recommendation. th Mr. Gary Gilot, Director, Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that Steel Warehouse located at Riverside Boulevard and Angela Street in South Bend, Indiana, has decided, after weighing other options, to expand its facility at its South Bend site. This expansion will retain the existing labor force and will add new positions in south Bend. It is desirable for South Bend to provide infrastructure improvement to accommodate the Steel Warehouse expansion consisting of lining and strengthening an existing 96” CSO trunk sewer pipe (360 feet.) This bill will allow for the appropriation to cover the cost of that infrastructure. Mr. Dave Lerman, 3210 Miami Street, South Bend, Indiana, CEO, Steel Warehouse. Mr. Lerman stated that this is an important area to Steel Warehouse. They have been growing at this location quite a bit. They started doing specialty cutting of steel approximately 12 or 13 years ago, they put into the building on Riverside which was pretty much empty and was previously occupied by Lock Joint Tube. He stated that when they put in their first cutting equipment they had approximately eight or nine employees at that location, today they employ approximately 100 employees. He stated that every piece of equipment that has been put in since then is state of the art equipment, it strengthens the company in many ways in particular most of the customers that they have that they burn the steel for are customers that they are selling steel to, and have asked them to provide this extra service. In many cases, had they not done this, they would have lost that business to someone who would do that. He stated that they have been putting a lot of effort into the success of this project. Recently, over the last year they have added a bunch of equipment and have run out of space there. So, they need this addition to take care the business that their customers are going to give them through this coming year. In fact over the last year, they have added approximately 40 people in this facility to run this special burning equipment. It is all state of the art laser equipment and plasma equipment. Councilmember Dieter stated that they were told that this project wouldn’t be presented st until after the 1 of next year 2012. He questioned why it was being presented now. Mr. Lerman stated that it is good news. Some of the key customers for this equipment are John Deere, Case, these companies are supplying a lot of agricultural equipment and are quite busy and they have pushed them to meet some new higher volume schedules. So they are trying to respond to their customers. Councilmember Dieter stated that he is glad to hear the news, but wanted some clarification on why the project was being presented tonight instead of after the first of the year. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Tony Trinca, 139 Camden, South Bend, Indiana, stated that he would be in favor of the City moving forward with to help Steel Warehouse, because he is aware as a citizens of this town that they are a big employer and have been in town and spend a lot of money in this town. Mr. Trinca stated for that reason he is in favor of helping them out in anyway that they can. 8 REGULAR MEETING SEPTEMBER 26, 2011 There being no one else present wishing to speak to the Council either in favor or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. MOTION TO RECONSIDER Councilmember Henry Davis asked to have Bill No. 56-11 reconsidered. Councilmember White made a motion to reconsider Bill No. 56-11. Councilmember Oliver Davis seconded the motion. The motion failed by a roll call vote of four (4) ayes (Councilmember’s Henry Davis, Oliver Davis, Rouse, White) and four (4) nays (Councilmember’s LaFountain, Puzzello, Varner, Dieter.) RISE AND REPORT Councilmember Henry Davis made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Timothy 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 7:31 p.m. President Derek Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10119-11 AN ORDINANCE FIXING SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2012 This bill had third reading. Councilmember LaFountain made a motion to pass this bill. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis.) ORDINANCE NO. 10120-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $95,000 FROM GENERAL FUND #101 TO PURCHASE AND SPECIALLY EQUIP FOUR (4) POLICE VEHICLES 9 REGULAR MEETING SEPTEMBER 26, 2011 This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10121-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $400,000 FROM SEWAGE WORKS CAPITAL FUND #642 FOR ENGINEERING EXPENSE ON THE PRIMARY CLARIFIER REHABILITATION PROJECT This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10122-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $1,498,700 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FOR INFRASTRUCTURE INVESTMENT 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 eight (8) ayes. RESOLUTIONS RESOLUTION NO. 4122-11 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOW AS 815 OLIVER PLOW COURT (PROPOSED ADDRESS)* AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN 7 YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION/OLIVER PLOW PARTNERS, LP 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. Paul Phair, Holladay Corporation, 227 S. Main Street, South Bend, Indiana, made the presentation for this bill. Mr. Phair advised that the petitioner, 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 façade. The building will be of high quality and will match the character of the surrounding industrial uses near to the property. The estimated cost of the building is $1,750,000. Mr. Phair stated that when the designating resolution was passed, the petitioner had just begun collecting information on potential supplies and contractors for the project. It was this reason that they were unable to answer the questions related to supplies of construction materials and construction contractors. Mr. 10 REGULAR MEETING SEPTEMBER 26, 2011 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. Based on this information, the Petitioner has scored sufficient points for a seven year term. Mr. Phair advised that 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 non one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Puzzello made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS - FIRST READING BILL NO.- 62-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE BOARD OF WORKS’ SALE OF REAL ESTATE UNDER INDIANA CODE SECTION 36-1-11-4.2 Councilmember Varner made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on November 14, 2011. Councilmember Puzzello seconded the motion which carried by a voice vote of six (6) ayes and two (2) nays (Councilmember’s Henry Davis and Oliver Davis.) UNFINISHED BUSINESS BILL NO. - 57-11 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 120 WEST POKAGON STREET, SOUTH BEND, INDIANA 46617, 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 Puzzello 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. GARY KING REGARDING THE USE OF LASERFICHE Mr. Gary King, 730 N. Hill St., South Bend, Indiana, stated that he tried to use the City of South Bend’s website to research what items would be on the Council’s Agenda for Monday, September 26, 2011. Mr. King stated that every time he tried to log onto the city’s website he was given a prompt that the maximum number of sessions has been reached and was unable to obtain the information that he was looking for. Mr. King asked the Council to notify the City’s Information Technology Department and to purchase more licenses for the Laserfiche document site. 11 REGULAR MEETING SEPTEMBER 26, 2011 th City Controller Gregg Zientara, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, responded that on September 19, 2011, he met with the City Council to discuss the purchase of an additional 10 licenses for the Laserfiche Document section of the City’s website. He stated that they are currently working on that process. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 9:00 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 12