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HomeMy WebLinkAbout04-23-12 Common Council Meeting Minutes REGULAR MEETING APRIL 23, 2012 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, April 23, 2012 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: st Present: Tim Scott 1 District nd Henry Davis, Jr. 2 District rd Valerie Schey 3 District th Fred Ferlic 4 District th David Varner 5 District th Oliver J. Davis 6 District, Vice-President Derek Dieter At-Large, President Gavin Ferlic At-Large Karen L. White At-Large, Chairperson Committee of the Whole OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember White made a motion that the minutes of the March 26, 2012 and April 9, 2012, Meetings of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes SPECIAL BUSINESS PRESENTATION ON PUBLIC ACCESS – GEORGE LANE Mr. George Lane, CEO, Chairman, Citizen’s for the Accountability of Government, Inc. presented certificates of appreciation to the Council, Clerk, and Council Attorney, and thanked them for giving Michiana a voice and supporting Public Access Television. RESOLUTION NO. 4164-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING ADAMS HIGH SCHOOL SENIOR STUDENT-ATHLETE ROSEY GREEN WITH A “2012 SOUTH BEND CITIZEN YOUTH AWARD” Whereas, the South Bend Common Council notes that the youth of our city are the hope and promise for a richer and more vibrant future for our community; and Whereas, the Common Council is proud to recognize that Rosey Green is a Senior attending John Adams High School in the South Bend Community School Corporation; and 1 REGULAR MEETING APRIL 23, 2012 Whereas, the Council is especially honored to recognize that Rosey Green was named to the Hoosier Basketball Magazine’s list of the top 100 high school seniors in the State of Indiana; and Whereas, the South Bend Common Council recognizes Rosey’s many talents both on and off the basketball court, with just some of the highlights of this “lightning quick guard” included his leadership and shooting abilities displayed in the victory over Carroll High School last November; his 16 points in the overtime win which the Eagles had over Elkhart Central in January; as well as the great team effort which Coach Milt Cooper developed in their many Intra-City NIC rivalry games. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of the citizens of the City of South Bend, Indiana, the Common Council is pleased to publicly present a “2012 SOUTH BEND CITIZEN YOUTH AWARD” to ROSEY GREEN, a student-athlete who is a Senior at JOHN ADAMS HIGH SCHOOL. Section II. The Common Council believes that the leadership and athletic abilities of ROSEY GREEN truly reflect the excellence which this young man has shown not only to his family, friends, his fellow students, teachers, coaches and administrators at John Adams High School, but also to the entire South Bend Community. The Council believes that ROSEY is a great role model to all youth, and we wish him all the best upon his upcoming graduation. Congratulations!!! Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Tim Scott, First District s/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Derek D. Dieter, At-Large s/Valerie Schey, Third District s/Gavin Ferlic, At-Large s/Dr. Fred Ferlic, Fourth District s/Karen L. White, At-Large s/Dr. David Varner, Fifth District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Pete Buttigieg, Mayor Councilmember Derek Dieter made the presentation for this Resolution by first offering his comments and then reading it in its entirety and presenting it to Rosey Green. 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. Rosey thanked the Council for this honor. Rosey’s grandmother also thanked the Council for this honor and stated how proud she is of her grandson. Additionally, Councilmember’s Varner Henry Davis and Oliver Davis offered comments and wished Rosey the very best in his future endeavors. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. 2 REGULAR MEETING APRIL 23, 2012 RESOLUTION NO. 4165-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING THE KROC CENTER WITH A “2012 SOUTH BEND BUSINESS OF THE MONTH AWARD” Whereas, the South Bend Common Council notes communities need quality businesses and community centers who make decisions to headquarter their operations and provide excellent job opportunities and a source for a variety of recreational activities for its residents; and Whereas, the Common Council is especially proud to recognize that the late Joan Kroc, the wife of McDonald’s founder Ray Kroc, had a vision of building state-of-the-art recreational and arts facilities in underserved communities; and this became a reality when the Ray & Joan Kroc Corps Community Center, a $64.2 million investment located at 900 West Western Avenue on twelve (12) acres near downtown South Bend, opened its doors to the public earlier this year; and Whereas, the Council notes that the 110,000 square foot South Bend Kroc Center provides an “unprecedented place of gathering and enrichment” which houses opportunities of education, sports, faith, arts and supportive programs to deliver which are “designed to stimulate the mind, body and spirit, to provide hope, and to transform the life of each and every member of the community” under the holistic approach of The Salvation Army which “encourages positive life-changing experiences for children and adults which strengthen individuals and families, and enrich their lives. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of the citizens of the City of South Bend, Indiana, the Common Council is pleased to publicly present to the RAY & JOAN KROC CORPS COMMUNITY CENTER with a “2012 SOUTH BEND BUSINESS OF THE MONTH AWARD”. Section II. The Common Council thanks everyone involved in making the South Bend Kroc Center a reality and a true “world class experience” by providing five (5) venues which include an aquatics center, a fitness & recreation center, a fine arts, music & education venue, a spiritual center and special event facilities neat downtown South Bend. Congratulations & keep up the great work!! Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Tim Scott, First District s/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Derek D. Dieter, At-Large s/Valerie Schey, Third District s/Gavin Ferlic, At-Large s/Dr. Fred Ferlic, Fourth District s/Karen L. White, At-Large s/Dr. David Varner, Fifth District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Pete Buttigieg, Mayor Councilmember David Varner made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Major Bob Webster from the Kroc Center. 3 REGULAR MEETING APRIL 23, 2012 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. Major Bob Webster, Kroc Center, thanked the Council for this honor. Additionally, Councilmember’s Dieter and Henry Davis, Jr. offered comments and thanked Major Webster for the wonderful work being done at the Kroc Center. Councilmember Oliver Davis made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. RESOLUTION NO. 4166-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING DIAMOND MARTIN WITH THE “APRIL 2012 SOUTH BEND CITIZEN YOUTH AWARD” Whereas, the South Bend Common Council notes that the youth of our city are the hope and promise for a better tomorrow in our community; and Whereas,, the Common Council is proud to recognize that DIAMOND MARTIN nd is in the 2 grade at Coquillard Traditional School located at 1245 North Sheridan nd Avenue in South Bend, where William Soderberg is the Principal; Diamond’s 2 grade teacher is Ms. Linnen and Diamond’s mentor is Beverly Arnold ; and Whereas, Diamond is a 9-year old student whose favorite subjects include Math, Music and Gym; and she loves to draw and paint at home and has become a track star by competing against all of her brothers and sisters; and Whereas, Diamond’s love of reading and purchasing books at the book fair resulted in Diamond’s mother giving her $5.00 to buy books. Diamond knew however that there were other children who could not purchase any books, so instead she placed the $5 bill in the “charity box” on her teacher’s desk, so that other students would have the opportunity to participate in the book fair and enjoy reading. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of the citizens of the City of South Bend, Indiana, the nd Common Council is pleased to publicly present to DIAMOND MARTIN, a 2 grade student at Coquillard Traditional School with the “APRIL 2012 SOUTH BEND CITIZEN YOUTH AWARD”. Section II. The Common Council believes that DIAMOND’s positive attitude, her desire to help other students, and her abilities in the classroom will continue to motivate her to pursue her goal of becoming a “…famous all-star football player or a lawyer” some day, with the continued help and support of her family, her teacher Ms. Linnen, her mentor Beverly Arnold, and the South Bend Community. Congratulations!!! Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Tim Scott, First District s/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Derek D. Dieter, At-Large s/Valerie Schey, Third District s/Gavin Ferlic, At-Large s/Dr. Fred Ferlic, Fourth District s/Karen L. White, At-Large 4 REGULAR MEETING APRIL 23, 2012 s/Dr. David Varner, Fifth District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Pete Buttigieg, Mayor Councilmember Scott made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Diamond Martin. 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. Diamond Martin thanked the Council for this resolution. Beverly Arnold, Diamond’s mentor, stated that her story was so profound that she has told everyone she knows. Councilmember Dieter made a motion to adopt this Resolution by acclamation. Councilmember Oliver Davis seconded the motion which carried. RESOLUTION NO. 4167-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING MONICA MURPHY WITH THE APRIL “2012 SOUTH BEND CITIZEN AWARD” Whereas, the South Bend Common Council notes that the vibrancy of our city is reflected by the residents who selflessly contribute to the betterment of our community; and Whereas, the Common Council is proud to recognize that MONICA MURPHY is a graduate of Saint Joseph High School and was a member of the City of South Bend’s Youth Advisory Council where she was “…challenged to critically think about issues in our community” by Council Member at Large Karen L. White, who was Monica’s YAC Advisor; and Whereas, Monica Murphy is now a Junior at Saint Mary’s College where she is majoring in Social Work, so that she will have the tools and opportunities to better serve the community; and Whereas, in addition to her college studies, Monica is a Life Coach with Five Star Life, which is a non-profit organization dedicated to inspiring students to “maximize their human potential” by helping them COMMIT and CONNECT. Life Coaches challenge students to COMMIT weekly to live according to five core values and to CONNECT by providing students the opportunity to build relationships with volunteer Five Star Life coaches. Monica is currently working with middle school students where she is inspiring youth to become “ambitious thinkers and courageous leaders”. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of the citizens of the City of South Bend, Indiana, the Common Council is pleased to publicly present to MONICA MURPHY, a Junior at Saint Mary’s College and a Five Star Life Coach with the “APRIL 2012 CITY OF SOUTH BEND CITIZEN AWARD”. 5 REGULAR MEETING APRIL 23, 2012 Section II. The Common Council believes that MONICA MURPHY truly exemplifies the positive work ethic to “dive into opportunities” by daily impacting youth so that each of them will strive to reach their highest potentials as future leaders in our community. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Tim Scott, First District s/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Derek D. Dieter, At-Large s/Valerie Schey, Third District s/Gavin Ferlic, At-Large s/Dr. Fred Ferlic, Fourth District s/Karen L. White, At-Large s/Dr. David Varner, Fifth District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Pete Buttigieg, Mayor Councilmember White made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Monica Murphy. 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. Ms. Murphy thanked the Council for this honor. She stated that working with youth is her passion and would like to continue to make an impact on their lives. She noted that they are our future leaders in this community. Councilmember Dieter made a motion to adopt this Resolution by acclamation. Councilmember Oliver Davis seconded the motion which carried. RESOLUTION NO. 4168-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AWARDING LINDEN GRILL WITH THE “APRIL 2012 SOUTH BEND BUSINESS OF THE MONTH AWARD” Whereas, the South Bend Common Council notes that communities need quality places to eat fresh foods, and one of the first places which come to mind is the LINDEN GRILL, which is famously known for its great food, friendly service and as the “Home of the Original Wing Wednesday” ; and th Whereas, the Common Council is especially proud to recognize that on the 26 day of June, 2000, Alfonso L. Mack, along with the help of his wife, LaConda and brother, Charles, opened the Linden Grill & Grocery located at 1418 Linden Avenue, nd with a 2 location at 4333 W. Western Avenue; and Whereas, the Council salutes owner/operator, Alfonso L. Mack for spending countless hours in the kitchen with his Grandmother and Mom where he was the official taste tester of many family recipes, and for later testing many of his own recipes on his fellow basketball players and football players at Alcorn State University in Mississippi, where he earned a degree in Business Administration; and 6 REGULAR MEETING APRIL 23, 2012 Whereas, Alfonso’s goal of serving “…only the finest products available and having them prepared fresh” has resulted in countless people enjoying his wide variety of delicious dishes. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of the citizens of the City of South Bend, Indiana, the Common Council is pleased to publicly present the “APRIL 2012 SOUTH BEND BUSINESS OF THE MONTH AWARD” to Alfonso and LaConda Mack, and brother, Charles for being risk takers in carrying out the dream of opening the LINDEN GRILL, which has become a true dining destination in South Bend. Section II. The Common Council thanks Alfonso L. Mack for not only his many culinary talents, but also for being a great partner to the South Bend Community. Alfonso took an old building at 1418 Linden Avenue and turned it into a great place where one can order chicken, burgers, fried turkey, pork chops, catfish, gizzards, & even oxtails, as well as other delicious "soul-to-go" delights. Congratulations! Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Tim Scott, First District s/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Derek D. Dieter, At-Large s/Valerie Schey, Third District s/Gavin Ferlic, At-Large s/Dr. Fred Ferlic, Fourth District s/Karen L. White, At-Large s/Dr. David Varner, Fifth District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Pete Buttigieg, Mayor Councilmember Henry Davis, Jr., made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it Mr. Alfonso Mack. A Public Hearing was held on the Resolution at this time. Mr. Mack thanked the Council for this honor. He thanked his many relatives and friends who are in the audience tonight for all their support over the years. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Scott seconded the motion which carried. REPORTS OF CITY OFFICES There were no reports from City Offices at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:44 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, presiding. Councilmember White, 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 White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. 7 REGULAR MEETING APRIL 23, 2012 PUBLIC HEARINGS BILL NO. 06-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS, SECTION 21-06.03 NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT TO REVISE THE SINGLE AND TWO-FAMILY RESIDENTIAL ROOF EAVES PROVISIONS Councilmember Varner, Vice-Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Nayder advised that the requested action is a text amendment, initiated by the Area Plan Commission amending Chapter 21 of the South Bend Municipal Code Article 6, Overlay and Special Use Districts, Section 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District, to revise the single and two-family residential roof eaves provisions. In August 2011, the Common Council approved the Northeast Neighborhood Development Area Overlay Zoning District (NNDA) with a minimum and maximum eave width. Since that time, it was realized that the more narrow lots that exist throughout the neighborhood do not allow for the minimum eave width of 2’. In addition, certain architectural styles of houses would not provide eaves. Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. This small change to the overlay district does not compromise the integrity of the ordinance. It maintains a development environment that not only protects the existing character of the neighborhood but encourages future, new development to reinforce the unique neighborhood identity while making enforcement clearer. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 03-12 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT-OF-WAY LINE OF SCOTT STREET TO THE SOUTH RIGHT-OF-WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS. A SECOND PORTION TO BE VACATED IS SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET 8 REGULAR MEETING APRIL 23, 2012 Councilmember Varner, Chairperson, Public Works and Property Vacation, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Mr. Bill Schalliol, Staff Member, Community & Economic Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Schalliol advised that the purpose of the vacation of the real property is to create and further development opportunities on the former Millennium Environmental site and allow connectivity through development of the Union Station site and the Ivy Tower complex. Councilmember Henry Davis asked if Council President Derek Dieter’s concerns were addressed from the last Council Meeting. Council President Dieter stated that he concerns were addressed. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 11-12 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM NOTRE DAME AVENUE WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM ST. PETER STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET Chairperson Councilmember Varner, Chairperson, Public Works and Property Vacation, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Michael Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, representing his clients the University of Notre Dame, Robert & Deborah Bernard and Donald & Sara Pope-Davis, made the presentation for this bill. Mr. Danch advised that they are requesting the approval of the vacation for the first East/West alley between St. Peter Street & Note Dame Avenue, South of St. Vincent Street, being part of Sorin’s Second Addition to the Town of Lowell, Portage Township, City of South Bend, St. Joseph County, Indiana. The reason for this request is to allow for the re-configuration of properties for future development of properties located along St. Peter Street and the closure of the small alley segment between the two properties on Notre Dame Avenue. He stated that they believe that vacating the public alley right-of- way will not have a detrimental effect on the adjacent properties located along this portion of St. Peter Street and Notre Dame Avenue. 9 REGULAR MEETING APRIL 23, 2012 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 Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to the full Council. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen L. White, 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 7:53 p.m. Council President Derek Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10156-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS, SECTION 21-06.03 NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT TO REVISE THE SINGLE AND TWO-FAMILY RESIDENTIAL ROOF EAVES PROVISIONS This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10157-12 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT-OF-WAY LINE OF SCOTT STREET TO THE SOUTH RIGHT-OF-WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS. A SECOND PORTION TO BE VACATED IS SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTH STREET 10 REGULAR MEETING APRIL 23, 2012 This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10158-12 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM NOTRE DAME AVENUE WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM ST. PETER STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 13-31 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 1217 S WALNUT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A (5) FIVE YEAR REAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC AND /OR ITS AFFILIATES BILL NO. 12-32 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 1217 S WALNUT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC Councilmember Varner made a motion to combine these bills for purposes of Public Hearing. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. 11 REGULAR MEETING APRIL 23, 2012 RESOLUTION NO. 4169-12 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 1217 S WALNUT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A (5) FIVE YEAR REAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC AND /OR ITS AFFILIATES 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 1217 S. Walnut Street, South Bend, Indiana, and which is more particularly described as follows: A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest Quarter of Section 14, and the Northeast Quarter of Section 15, Township 37 North, Range Two (2) East, bounded by the following described line: Beginning at a point in the West line of Walnut Street, 1239.70 feet South of the South line of Sample Street, which point is 587.95 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, page 428, and Deed Record 121, page 320; thence on an assumed bearing of South 00°00'49" East along said West line of Walnut Street 479.91 feet; thence South 89°54'12" West, 725.03 feet; thence South 61°54'12" West, 42.91 feet; thence South 89°23'32" West, 437.13 feet; thence North 00°00'49" West parallel with said West line of Walnut Street, 504.26 feet; thence North 89°55'05" East, 1200 feet to the place of beginning. and which has Key Number 018-8021-084503 a/k/a 71-08-15-276-003.000-026, 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; 12 REGULAR MEETING APRIL 23, 2012 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 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 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 RESOLUTION NO. 4170-12 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 1217 S WALNUT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC 13 REGULAR MEETING APRIL 23, 2012 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 1217 S. Walnut Street, South Bend, Indiana, and which is more particularly described as: A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest Quarter of Section 14, and the Northeast Quarter of Section 15, Township 37 North, Range Two (2) East, bounded by the following described line: Beginning at a point in the West line of Walnut Street, 1239.70 feet South of the South line of Sample Street, which point is 587.95 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, page 428, and Deed Record 121, page 320; thence on an assumed bearing of South 00°00'49" East along said West line of Walnut Street 479.91 feet; thence South 89°54'12" West, 725.03 feet; thence South 61°54'12" West, 42.91 feet; thence South 89°23'32" West, 437.13 feet; thence North 00°00'49" West parallel with said West line of Walnut Street, 504.26 feet; thence North 89°55'05" East, 1200 feet to the place of beginning. and which has Key Number 018-8021-084503 a/k/a 71-08-15-276-003.000-026, 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. 14 REGULAR MEETING APRIL 23, 2012 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 up to five (5) years; provided however, the Petitioner may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6-1.1-45 for the same property. 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 Gavin Ferlic, Vice-Chairperson, Community & Economic Development Committee, reported that this committee held a Public Hearing on these bills this afternoon and voted to send them to the full Council with favorable recommendations. st Mr. Richard J. Deahl, Attorney, Barnes & Thornburg, LLP, 600 1 Source Bank Center, 100 North Michigan, South Bend, Indiana, Robert Strzelecki, Controller, Lock Joint, Tube, LLC., made the presentation for these Resolutions. Mr. Deahl advised that the company will invest between $8.0 and $9.0 million in the purchase and installation of new manufacturing, information technology, and logistical distribution equipment to expand its production capabilities at its Walnut Street facility. This equipment will increase the length, wall thickness, and width of steel tubing that can be manufactured as well as enhance the coating, weld, capabilities, and overall quality control standards for production of finished goods. These increased capabilities will expand the types of products the Petitioner can manufacture and will expand its existing markets, plus open new markets such as automotive axles, roll-over production systems and other heavy structural applications. A Public Hearing was held on these Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Oliver Davis made a motion to adopt Bill No. 12-31. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 15 REGULAR MEETING APRIL 23, 2012 Councilmember White made a motion to adopt Bill No. 12-32. Councilmember Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4171-12 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 7101 VORDEN PARKWAY AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A (5) FIVE YEAR REAL PROPERTY TAX ABATEMENT FOR THE TIRE RACK, INC. 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 7101 Vorden Parkway, South Bend, Indiana, and which is more particularly described as follows: Lot 1 B W Business Park Major Sub 02-03 New Replat 401 3-16-01 and which has Key Number 025-1011-018604, 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; 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; 16 REGULAR MEETING APRIL 23, 2012 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 five (5) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Gavin Ferlic, 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. Matt Edmonds, Tire Rack, 7101 Vorden Parkway, South Bend, Indiana, made the presentation for this bill. Mr. Edmonds advised that Tire Rack, Inc. is a mail order and e-commerce firm engaged in the business of selling performance tires, wheels, and accessories for passenger automobiles and light duty trucks. The petitioner would like to construct a 36,000 square foot office building which will enable the expansion of Technological Resources and assets to further the growth and development of their e-commerce Product Distribution business. The estimated dollar value of the project, excluding land, is $6,500,000. He stated that it is estimated that the total project will create at least thirty (30) new, permanent, full-times jobs in the first year of production representing a new annual payroll of at least $1,600,000. The project will maintain 396 existing, permanent, full- time jobs with a total annual payroll of $26,500,000.00. A Public Hearing was held on the Resolution at this time. 17 REGULAR MEETING APRIL 23, 2012 There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4172-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROMOTING AND FACILITATING GREATER TRANSPARENCY AND ACCOUNTABILITY OF INDIVIDUALS APPOINTED BY THE COMMON COUNCIL TO VARIOUS CITY BOARDS AND COMMISSIONS AND THANKING THESE DEDICATED VOLUNTEERS FOR THEIR SERVICE TO OUR COMMUNITY Whereas, each year the South Bend Common Council has the opportunity to appoint city residents to various boards and commissions; and Whereas, the Council thanks all individuals who have taken the time to complete applications and who have interviewed for the consideration to be appointed by the Council as openings become available; and Whereas, the Council notes that in 1990, the South Bend Common Council passed Ordinance No. 8102-90 which established Article 3 in Chapter 2 of the South Bend Municipal Code which governs the process used by the Council when making citizen appointments; and Whereas, in the interest of promoting and facilitating greater transparency and accountability, the Council wishes to acknowledge that as a condition of each person appointed by the Common Council, all citizens appointed agree to “verbally report to the appropriate Council Committee and/or to the Common Council under Special Business at least once per calendar year with an overview of the items handled through the committee, commission, or other agency on which he or she participates”. 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, wishes to thank each and every South Bend resident who has volunteered his or her time and dedication by serving as a citizen appointee of the Council on various boards, commissions, and other entities Section II. The Council believes that the public at large should be aware of the vital services which these citizen volunteers provide to the City of South Bend, and further wishes to emphasis the annual reporting to the Common Council and/or to the appropriate Council Committee. The Council requests the Office of the City Clerk send a copy of this Resolution to all current Council appointees. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council 18 REGULAR MEETING APRIL 23, 2012 Councilmember White, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. nd Councilmember’s Oliver Davis, Vice-President and Councilmember Henry Davis, Jr., 2 District Councilmember were the co-sponsors of this bill and made the presentation for this bill. Councilmember Oliver Davis thanked all current and past citizen residents for their service to the community as a Council appointment to the various boards and commissions. To raise awareness, greater transparency and accountability by making the general public aware, that each of the Council appointees not only volunteer the time and talents when attending various meetings to which they are appointed but also highlighting the fact that each of these volunteers are required to provide a yearly update to the Council and/or Standing Committee with updates. He stated that each year, the Council appoints many city residents to serve on a volunteer basis. We are indebted to these residents for their many talents and services, which help enhance our city and its many operations. 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 Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4173-12 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 SOUTH BEND CENTRAL 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 24, 2012, approved and adopted its Resolution No. 3006 (the “Declaratory Resolution”), Exhibit A, amending the acquisition list in the South Bend Central Development Area Development Plan (the “Plan”) for the South Bend Central Development Area (the “Area”) and amending the South Bend Central Development Area Development Plan (the “Plan Amendment”); and WHEREAS, the Plan Amendment calls for the addition of 3 parcels located at the northwest corner of Main Street and Western Avenue, South Bend, Indiana, 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 21, 2012, 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 19 REGULAR MEETING APRIL 23, 2012 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 23rd day of April, 2012. s/Derek D. Dieter Member of the Common Council Councilmember Gavin Ferlic, 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. th Mr. Bill Schalliol, Staff Member, Economic Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Schalliol advised that this bill approves an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Commission. He stated that this process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the South Bend Central Development Area (SBCDA) to add various parcels to the SBCDA Acquisition List. The declaratory resolution of the RDC was sent to the St. Joseph County Area Plan Commission (APC) for an order approving the RDC’s action. The APC’s resolution is now submitted to the South Bend City Common Council for its approval. There are three properties proposed to be added to the acquisition list. The properties are all with in the Coveleski Park Planning Area. He stated that the subject properties are located on the northwest corner of Main Street and Western Avenue and are the present site of the Gates Automotive Used Car Sales Lot. The properties were acquired as part of the sixteen (16) parcel acquisition form GMS Realty. Because these parcels were not on the acquisition list at the time of purchase, the properties were donated to the Board of Public Works and this process of amending the plan is necessary to allow for the properties to be transferred to the Redevelopment Commission. 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 Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis, Jr.) 20 REGULAR MEETING APRIL 23, 2012 BILL NO. 12-34 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN AGREEMENT EXTENDING THE ST. JOSEPH COUNTY HOUSING CONSORTIUM AND AUTHORIZING THE EXECUTION THEREOF Councilmember Gavin Ferlic, 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. th Ms. Pam Meyer, Director, Community Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that this bill would authorize the Mayor of South Bend to execute documents to renew the St. Joseph County Housing Consortium under an interlocal agreement between the Cities of South Bend, Mishawaka, and St. Joseph County. The Consortium was originally established in 1991 and since that time has brought over 13 million dollars of HOME program funding for low-income assistance into our community. The Consortium’s current agreement covering the period of 2010-12 is set to expire on December 31, 2012. The Department of Housing and Urban Development (HUD) process requires a written notification of intent to participate, and the passage of a resolution authorizing the chief elected officer of the jurisdiction to execute renewal documents. The renewal agreement will cover years 2013-2015. Councilmember Henry Davis stated that he has some concerns regarding this bill. He stated that he would like to continue this bill until the May 14, 2012 meeting of the Council, to allow for more time to address his concerns. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. Ms. Vera Peel, 2710 Bonds Avenue, South Bend, Indiana, stated that she sees no minorities working on the Street Department. She stated that she is not just talking about women minorities. Mr. Isaiah Hunt, Ice Services, stated that he would like to know how bids are determined. He stated that he has been trying for years to get a contract with the City. Mr. Jesse Davis, 1333 Calvert, South Bend, Indiana, thanked Councilmember Henry Davis, Jr. for keeping an eye on city finances. Councilmember White suggested scheduling a Community & Economic Development Committee meeting to address Councilmember Henry Davis, Jr.’s concerns. Councilmember White made a motion to continue this bill until the May 14, 2012 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 21 REGULAR MEETING APRIL 23, 2012 RESOLUTION NO. 4174-12 A DECLARATORY RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING A PROPERTY TAX EXEMPTION FOR CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6-1.1-10-44 DATA REALTY NORTHERN INDIANA, LLC PROJECT LOCATED AT 1440 IGNITION DRIVE SOUTH IN THE SIXTH COUNCIL DISTRICT WHEREAS, Indiana Code 6-1.1-10-44 (the "Act") authorizes the Common Council (the "Common Council") of the City of South Bend, Indiana (the "City") to make a determination that certain qualified personal property owned by a eligible business is exempt from property taxation to the extent such property is located in the City; and WHEREAS, Data Realty Northern Indiana, LLC (the "Company"), has announced its plans to locate a computing, networking, and data storage facility (the "Project") at 1440 Ignition Drive South in the City (the "Site"); WHEREAS, the jobs to be created by the Project will have an average employee wage of $28.36 per hour and the Project will result in a capital investment of $14.2 million in real and personal property improvements; and WHEREAS, the Company has presented to this Common Council a Letter Agreement, a form of which is attached hereto as Exhibit A and the terms of which are incorporated herein (the "Agreement"), in which Agreement the Company describes the Project, and pursuant to which the Company requests that this Common Council determine that (i) the Company is an "Eligible Business" as defined herein and in the Act; and (ii) certain of the personal property to be owned by the Company and located at the Site listed at Exhibit A to the Agreement and including any equipment which may replace such equipment (the "Computer Equipment") is "Qualified Property" as defined herein and in the Act and therefore qualifies for the property tax exemption provided by the Act; and WHEREAS, as used herein and as defined in the Act, "Qualified Property" means certain enterprise information technology equipment acquired after June 30, 2009, which would include any of the personal property listed below, but would not include computer hardware designed for a single user, workstation, or departmental level use: (a) Hardware supporting computing, networking, or data storage function, including servers and routers; (b) Networking systems having an industry designation as equipment within the "enterprise" or "data center" class of networking systems that support the computing, networking, or data storage functions; or (c) Generators and other equipment used to ensure an uninterrupted power supply to the equipment described in subparagraph (a) or (b) above; and WHEREAS, "Eligible Business" as used herein and defined in the Act means an entity that meets each of the following requirements: (a) The entity is engaged in a business that operates one or more facilities dedicated to computing, networking or data storage activities; 22 REGULAR MEETING APRIL 23, 2012 (b) The entity is located in a facility or data center in Indiana; (c) The entity invests in the aggregate at least $10,000,000 in real and personal property in Indiana after June 30, 2009; and (d) The average employee wage of the entity is at least 125% of the county average wage for each county in which the entity conducts its business operations; and WHEREAS, the Company has certified in the Agreement that (i) it qualifies as an Eligible Business and (ii) the Computer Equipment constitutes Qualified Property; and WHEREAS, the Project and the real and personal property improvements to be made by the Company at the Site by the Company will benefit the welfare of all citizens and taxpayers of the City; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby makes the following findings based upon the information provided by the Company in the Agreement: A. The Company constitutes an Eligible Business; and B. The Computer Equipment constitutes Qualified Property. SECTION II. Subject to the completion of the procedures required by the Act and described below, the Common Council provisionally declares the Computer Equipment to be exempt from property taxation, which exemption will continue for an unlimited period of time, provided that the Company continues to qualify as an Eligible Business and the Computer Equipment continues to qualify as "Qualified Property" under the Act. SECTION III. The Common Council hereby authorizes a notice of the adoption and the substance of this Declaratory Resolution to be published in accordance with Subsection (g) of the Act and the Clerk is hereby authorized to cause to be filed a copy of the notice and this resolution with each taxing unit located in the County. Additionally, a copy of this Declaratory Resolution shall be filed with the St. Joseph County Assessor's office. The notice shall specify a date when the Common Council will receive and hear all remonstrances and objections from interested persons. Following such hearing, the Common Council will consider the adoption of a confirming resolution to modify, confirm or rescind this Declaratory Resolution and authorize the execution of the Agreement by the Mayor and the Clerk, for an on behalf of the City, granting the property tax exemption authorized under the Act for the Qualified Property. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Gavin Ferlic, 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. th Don Inks, Director, Economic Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Inks advised that this bill would be the first step in providing property tax exemption for qualifying enterprise information technology equipment to Data Realty Northern Indiana, LLC. Mr. Inks advised that this project meets the requirements of State law in 23 REGULAR MEETING APRIL 23, 2012 order to receive this exemption. He stated that the project investment will be about $14.2 million, exceeding the required $10.0 million. $6.0 million of the investment is expected to be in equipment qualifying for the exemption. Additionally, the jobs to be created will have an average wage of $28.36/hour, exceeding the requirement that they be greater than 125% of the county average. The county average is about $18.50/hour and 125% would be $23.13/hour. He noted that the Resolution and Letter Agreement are in the form prescribed by Resolution No. 40889-11 approved by the South Bend Common Council on March 14, 2011. 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 he Resolution was adopted by a roll call vote of nine (9) ayes. BILLS – FIRST READING BILL NO. 13-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 20-20 OF ARTICLE 1, CHAPTER 20 VEHICLES AND TRAFFIC OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SAFETY REGULATIONS WHEN PASSING BICYCLES This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on May 14, 2012. Councilmember Henry Davis, Jr., seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 14-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 3; SECTION 2-12.3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURE FOR ADDRESSING CITIZEN APPOINTMENTS This bill had first reading. Councilmember Oliver Davis made a motion to refer this bill to the Council Rules Committee and set it for Public Hearing and Third Reading on May 14, 2012. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 15-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2-123.2 ADDRESSING REGULATIONS AND REPORTING MECHANISMS ON CITY USAGE OF ALTERNATIVE FUELS: COMPRESSED NATURAL GAS (CNG) AND LIQUEFIED NATURAL GAS (LNG) AND RELATED ENERGY EFFICIENCIES 24 REGULAR MEETING APRIL 23, 2012 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 14, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 16-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE WITH THE CITY OF SOUTH BEND BUILDING CORPORATION DATED AS OF APRIL 1, 2003, AS AMENDED, PREVIOUSLY ENTERED INTO FOR THE CONSTRUCTION AND EQUIPPING OF A NEW CENTRAL FIRE STATION AND RENOVATING AND EXPANDING THE POLICE STATION AND REGARDING CERTAIN RELATED MATTERS This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on May 14, 2012. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION BILL NO. 08-12 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, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4 DOUGLAS ROAD LAND PARTNERS SOUTH, LP 17210 DOUGLAS ROAD SOUTH BEND, INDIANA 46635 Councilmember Schey made a motion to refer this bill to the Zoning & Annexation Committee and set it for Second Reading Public Hearing on May 29, 2012, and Third Reading on June 11, 2012. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Henry Davis, Jr, advised that he sent an e-mail to all the Councilmember’s regarding Mr. Rick Reed from Denver, Colorado, bought the Studebaker Brand and is interested in possible development in the City. He encouraged all to join him in showing Mr. Reed around town. Councilmember Oliver Davis read into the record a letter sent to the St. Joseph County Commissioners and the St. Joseph County Council regarding Vote Centers. 25 REGULAR MEETING APRIL 23, 2012 April 23, 2012 Commissioner Andrew Kostielney, President Board of Commissioners of St. Joseph County th 7 Floor County-City Building South Bend, Indiana 46601 Mr. Rafael Morton, County Council President St. Joseph County Council th 4 Floor County-City Building South Bend, Indiana 46601 Re: Vote Centers Dear President Kostielney and President Morton: Recently, it was reported by the news media that the current 220 polling places in St. Joseph County may be reduced to a total 25 vote centers. The new media also reported that the Board of County Commissioners welcomed input on this proposal. As you are well aware, the City of South Bend typically budgets over a two-year period the required monies to cover the election costs involved with city elections. Such costs are typically calculated by the County Auditor and then sent to the City Controller who then includes the appropriate line-item in the city budgets. Although there are studies which show that vote centers may help control local government costs, the overall impact on voter turnout may also a valid criteria which should be further studied. The undersigned members of the South Bend Common Council believe that a broad- based Study Committee which includes a representative of our Common Council, should be appointed to carefully study whether a vote center concept would be appropriate in St. Joseph County. We have had the opportunity to review many of the items posed on the Indiana Secretary of State’s website on Vote Centers, which are available on line at www.votecenters.IN.gov The 7-step process which is outlined on that website which includes a study committee as well as a proposed plan, we believe would be a good way to gather input from residents of St. Joseph County. We look forward to being included on this important matter, and look forward to your update. Thank You. Most sincerely, Tim Scott Dr. David Varner stth 1 District Council Member 5 District Council Member Henry Davis, Jr. Oliver J. Davis, Vice-President ndth 2 District Council Member 6 District Council Member Valerie Schey Derek D. Dieter, President rd 3 District Council Member Council Member At Large Dr. Fred Ferlic Gavin Ferlic th 4 District Council Member Council Member At Large Karen L. White Council Member At Large 26 REGULAR MEETING APRIL 23, 2012 Councilmember Tim Scott thanked all the residents and Council Member’s Dr. Fred Ferlic, Gavin Ferlic, and Karen White who came out and helped in the Adopt-A-Block st Program. He stated that they were able to clean approximately 200 blocks in the 1 and nd 2 Districts of South Bend. PRIVILEGE OF THE FLOOR COMMENTS AND CONCERNS FROM CITIZENS REGARDING THE DEMOTION OF FORMER POLICE CHIEF DARRYL BOYKINS AND THE FIRING OF COMMUNICATIONS DIRECTOR KAREN DEPAEPE Mario Sims, 2377 Grove, South Bend, Indiana; Greg Brown, 1238 Diamond, South Bend, Indiana; Samuel Brown, 222 Navarre, South Bend, Indiana; Carol Davis, 1631 Lincolnway East, South Bend, Indiana; Darryl McKinney, 501 Alonzo Watson Dr., South Bend, Indiana; Jesse Davis, 1333 E. Calvert, South Bend, Indiana; Lawrence Smith, 721 Dubail, South Bend, Indiana, all asked the Council to encourage Mayor Buttigieg to release the tapes and all information regarding the demotion of Former Police Chief Darryl Boykins and Communications Director Karen DePaepe. Dr. Debra Fleming, St. Joseph County Republican Chair, 1330 E. Jefferson, Mishawaka, Indiana, read a from the GOP, St. Joseph County, Indiana. South Bend Common Council 1200 County-City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 Honorable Member of the South Bend Common Council: We are writing to request your support in soliciting the South Bend Mayor’s Office for full and complete disclosure in the case of the resignation and demotion of South Bend Police Chief Darryl Boykins and the termination of South Bend Police Communications Director Karen DePaepe. Mayor Buttigieg claims that he is “working to strengthen the local economy by retaining and attracting businesses, partner with the local public school system, manage a cutting-edge and transparent city administration {sic}…”We feel that, for the good of the community, the Mayor should make good on his promise of transparency and finally disclose all of the details in this matter. We stand with all of those in the community who are seeking truth and justice. Our core values necessitate that we hold our elected officials to the highest ethical standards. While we are making no accusations of ethical misconduct, we observe that the appearance of impropriety in this matter has caused the citizens of South Bend to lose confidence in the government that was duly elected to serve them. In order to restore public trust in the Mayor’s office, and as the Party of loyal opposition, we respectfully request that all tapes, documents and records relating to the demotion and termination of employees of the South Bend Police Department be released to the public and that a full investigation be conducted to ensure that this matter is fully adjudicated. Respectfully Submitted, Dr. Deborah Fleming St. Joseph County Republican Chair Enc. Signatories Cc: Governor Mitchell E. Daniels, Jr., Attorney General Greg Zoeller, Eric Holcomb, Senator Joseph Zakas. 27 REGULAR MEETING APRIL 23, 2012 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting. at 8:58 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 28