Loading...
HomeMy WebLinkAbout05-26-15 Common Council Meeting MinutesREGULAR MEETING MAY 26, 2015 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 Tuesday, May 26, 2015 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Tim Scott Henry Davis, Jr. Dr. Fred Ferlic Dr. David Varner Oliver J. Davis Gavin Ferlic Karen L. White Absent: Valerie Schey Derek Dieter OTHERS PRESENT: 1 st District, (President) 2 °d District 4' District 5' District 6' District At -Large At- Large, (Chairperson Committee of the Whole) 3`d District At- Large, (Vice- President) Kathleen Cekanski- Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy Kareemah Fowler Chief Deputy REPORT FROM THE SUB - COMMITTEE ON MINUTES Councilmember Oliver Davis made a motion that the minutes of the May 11', 2015, meeting of the Council be accepted and placed on file. Councilmember Mr. Ferlic seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS There was no special business to come before the full Council. REPORTS OF CITY OFFICES — KATHRYN ROOS ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF — KATHRYN ROOS Kathryn Roos gave the city report in absence of Mayor Pete Buttigieg. Kathryn Roos, Chief of Staff, Offices on the 14' Floor of this building. Kathryn reported that Eric Horvath and Aaron Perry will be joining her to present this evening. Ms. Roos thanked the volunteers for helping with the SB 150 Celebration. She gave a special thanks to the city workers and all those who worked overtime to make SB 150 happen. Aaron Perry, 217 S. Michigan, South Bend — Thank you for your support. This weekend was a high impact one -time event. Nearly 60,000 people enjoyed the weekend, one way or another. 1 would like to thank the City Departments our Legal team down to our Security. We saw over 1,000 volunteers helping to pull off this event. Although this was a onetime event, we do have some lasting elements such as the river of lights as a result of this. Again, thank you for your support, it has been a pleasure to serve in this role. Councilmember Henry Davis, Jr. — I participated in several of the events. My question is how much did, this cost from employee overtime to city workers, as the cost of doing business is high? How much did that weekend cost this city? Aaron responded the price tag to the yearlong celebration is $1.2 million. The City made a contribution of $150,000, the rest was private investors and fundraising. Councilmember Davis stated the question wasn't the yearlong celebration but the cost for the weekend. The cost of business is our public workers, city REGULAR MEETING MAY 26, 2015 workers labor hours, lighting... If you are unable to quantify that then let's wait, but I will still be looking to find out what those numbers are. Aaron replied I am unable to answer that question right now, as we are still putting the spread sheets together. I am curious to find that out too, I would have to get back to you on that one. Councilmember Dr. Ferlic — I would like to congratulate Kathryn on the fundraisers for the River Lights Project. She was able to obtain $800,000 in contributions. I was at the $7,500- $15,000 range that I was asking and only got turned down eight (8) times. Otherwise it was $7,500 and above due to Kathryn's efforts. We now have two (2) tax abatements both residential and a hotel as a result of events like this. Thank you Aaron you deserve kudos on a job well done. Councilmember Dr. Varner — I would like to also thank everyone that was involved. I almost brought Aaron to tears when I told him how well everything was going. With regards to the lighting of the river, how do we continue that? Does it grow or does it evolve? Aaron responded that the River of Lights will evolve into a park. We were selling $50 rings as a part of it; so that will come later on this summer. The possibilities are endless in terms of architectural lighting. Councilmember Oliver Davis —Thank you, I truly enjoyed myself out there with my daughter. Do we see anything happening 4" of July? There was talk that we could never have an ethnic festival, due to security, with this event being successful why not be able to reopen that to an annual thing? Aaron responded we have a program already setup for certain Holidays including the 4" of July in terms of lighting. As far as the festival, I'm not sure if we have the resources to do it every year but is something we can look at. Councilmember Davis replied I don't mind the investment as it gives us something to do or else people will go to Chicago or Detroit. Kathryn responded I think the great thing you are pointing out, is how we plan for other activities and events in our community. We do need to sit down and figure out something that will be feasible for us to do. Councilmember Mr. Ferlic — Congrats Kathryn for doing this with private investment. Thank you Aaron for working on this. This was incredible what you pulled off especially from an all - volunteer basis. Councilmember White — Again, congratulations it was a great event. I appreciate the diversity throughout the event. I would like to recognize the volunteers, public safety, city administration, and everyone that made this possible. It shows when we come together as a community we can pull off anything as we are committed to the City of South Bend. Council President Scott — I agree with everything already stated. I look forward to seeing the financials from the event as well. I have new copies of the proclamation as the other ones got rained on. Kathryn Roos —The last person I would like to recognize is Rob DeCleene, (Visit SouthBend/Mishawaka) he was on our Executive Committee. He did a tremendous job on marketing and promoting the event with giving his expertise. Thank you. Councilmember Oliver Davis — Have you done studies on what other cities are doing when they have their annuals? Aaron responded it is interesting to see where we are compared to other cities. It is a dying breed as some cities such as Chicago and Mishawaka do not have them anymore. So it was incredible to know that we could pull something like this off. Councilmember Davis inquired it would be nice to see if we can do this biannually instead of waiting another (25) twenty -five years as I would like to still be around. Eric Horvath, Public Works Director, Offices on 13" Floor — Quick update on the Curb and Sidewalk Program. The one scheduled for the city crew was sent out today which should stay on schedule. The second program for homeowners has been rolled out and we have one of those already complete. We currently have twenty on the list, and is growing in demand. We are bidding out other work for curbs and sidewalks which we will be advertising on July 9' and rewarding to those on July 14th. As a separate bid we will have the Perry Project. We received proposals today on that, all of that goes through State approval and will happen this fall. We are currently out for request for proposals for Lincoln and Perley schools for next year. E REGULAR MEETING MAY 26, 2015 Councilmember Oliver Davis — Regarding the Harrison School project, I would like to have a meeting to present to the community. As it will be helpful for them to be aware of all the work going on. Eric responded I will be happy to have a public meeting as that school is extremely involved in the process. Councilmember Dr. Varner — You were kind to mention the updates on other streets. Any updates on Ewing Avenue? Eric responded the four blocks of Ewing, will be a part of the bid process going out in July. Councilmember Dr. Ferlic — What percentage will be done by the city versus outsourced? Eric responded I don't have that percentage off hand, but significantly more will be outsourced. The city does about one (1) mile a year where we have five (5) mile projects. It will be close to 10% of city work and the rest outsourced. Councilmember Henry Davis, Jr. — One thing that I am in fear of is two - percent of the city does not have sidewalks or sewer systems. The question is how we get to a level where the two - percent is taken care of Eric responded we obviously have existing deteriorated sidewalks prior to getting in new sidewalks but we are filling in as we go as well. Councilmember Davis responded I would like that 2% to be a part of the conversation and a part of the budget as well. Council President Scott — I would like to reiterate the same thing, where there isn't any sidewalks. We need to map a priority for our sidewalks and the time span on when that will be occurring. We will be asking for this from Council and following up with your administration. Councilmember Henry Davis, Jr. — For reference for Councilmember Oliver Davis the Taste of Chicago will be happening July 8th- July 12t' in Grant Park. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:29 p.m. Council President Scott requested a motion to resolve into the Committee of the Whole. So moved by Councilmember Mr. Gavin Ferlic. Councilmember Dr. Varner seconded the motion which carried by a voice vote of seven (7) 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. PUBLIC HEARINGS 18 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20 ARTICLE 13 OF THE SOUTH BEND MUNICIPAL CODE BY AMENDING AND ESTABLISHING CITY WIDE REGULATIONS BANNING THE USE OF ALL HANDHELD ELECTRONIC COMMUNICATION DEVICES WHILE DRIVING AND AMENDING CHAPTER 2 ARTICLE 19, SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS Councilmember White requested a motion to continue bill 18 -15 to June 22 °d. So moved by Councilmember Mr. Ferlic. Councilmember Dr. Varner seconded the motion which carried by a voice vote of seven (7) ayes. 22 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AND AMENDING CHAPTER 19 ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE IN ITS ENTIRETY ADDRESSING ABATEMENT REGULATIONS ADDRESSING TALL GRASS, WEEDS, NOXIOUS WEEDS, AND RANK OR OVERGROWN 3 REGULAR MEETING MAY 26, 2015 VEGETATION AND FURTHER AMENDING SECTION 16 -61 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PENALTIES Councilmember Dr. Varner made a motion to continue bill for June 8th. Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of seven (7) ayes. RISE AND REPORT Councilmember White requested a motion to rise and report to full Council. So moved by Councilmember Mr. Gavin Ferlic. Councilmember Dr. Varner seconded the motion which carried by a voice vote of seven (7) 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 7:30 p.m. Council President Tim Scott, presided with seven (7) members present. BILLS - THIRD READING There were no third readings to come before the Council this evening. RESOLUTIONS 15 -36 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 3702 W. SAMPLE SOUTH BEND, IN 46619 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR KRUK ELECTRIC LLC RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3702 W. Sample, South Bend, 1, 46619 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR 4 REGULAR MEETING Kruk Electric, LLC MAY 26, 2015 WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3702 W. Sample, South Bend, IN 46619 and which is more particularly described as follows: Business Personal Property and which has Key Numbers to be assigned be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Council 5 REGULAR MEETING MAY 26, 2015 Presenter: Jacob Alexander, Department of Community Investment, Offices on the 14' floor — Presenting a personal property abatement for Kruk Electric LLC. They manufacture springs and wire forms for medical and brake industries. They currently employ four (4) full time and two (2) part-time employees. They are looking to expand due to steady growth and new demand. They request new equipment so they continue as a lucrative business. They are looking at $135,000 in private investment to purchase new wire form machines. New project tax will be $15,012 over a five (5) year period, estimated taxes to be abated over the five (5) year period are $6,881, and total taxes to be paid on new and existing equipment over the next five (5) year period is $8,131. Petitioner: Dan Kruk, 3702 W. Sample Street, South Bend — I am a partner with Kruk Electric company, we are purchasing two new pieces of equipment to expand our production and defer the cost. 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 to adopt this Resolution. Councilmember Mr. Gavin Ferlic seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. 15 -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 111 ST. JOSEPH ST., SOUTH BEND, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (2) TWO —YEAR VACANT BUILDING TAX ABATEMENT FOR JSK DEVELOPMENT, INC. Council Attorney Cekanski- Farrand for purposes of Public Hearing we need to hear 15 -31 and 15- 32 together. Councilmember Henry Davis Jr., made a motion to hear bill 15 -31 and 15 -32 together for purposes of Public Hearing. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. 15 -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 120 ST. JOSEPH ST. SOUTH BEND, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (9) NINE —YEAR REAL— PROPERTY TAX ABATEMENT FOR JSK DEVELOPMENT, INC. RESOLUTION NO 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 0 REGULAR MEETING MAY 26, 2015 121 South St. Joseph St., South Bend, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (9) NINE -YEAR REAL PROPERTY TAX ABATEMENT FOR JSK Development, Inc. /Southhold, LLC WHEREAS, a petition for real 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 121 South St. Joseph St., South Bend, IN 46601 and which is more particularly described as: LOT 38A HALL OF FAME & CHOCOLATE CAFE MINOR SUB AND THE ORIGINAL TOWN OF SOUTH BEND 1sT RP RP6363 09 -30 -08 09/10 and which has Key Numbers 018 - 3001 -0024 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment 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 seg., 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 Investment 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. 7 REGULAR MEETING MAY 26, 2015 SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment 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 nine (9) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. 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. Member of the Common Council 0 REGULAR MEETING MAY 26, 2015 Council Attorney Cekanski- Farrand requested a motion to accept both substitute bill 15 -31 and 15 -32. So moved by Councilmember Oliver Davis. Councilmember Mr. Ferlic seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Gavin Ferlic, Chairperson, Community Investment Committee met this afternoon and send bill 15 -31 and 15 -32 to the full Council favorably. Presenter: Chris Fielding, 14" Floor Dept. of Community Investment — We have two bills before you. One is for a vacant building of the former Football Hall of Fame that will be built and the other on the Jefferson lot to be continuous as one building. The company plans to move their Corporate headquarters to the top of the building as well. The value of the two (2) year abatement to be paid over the life of the abatement $65,961. Total Taxes to be abated $107,800, and total taxes to be paid $86,900 a year moving forward. This will turn the Hall of Fame to a tax paying entity. For the Jefferson Lot we offered a (9) nine -year tax abatement, the taxes to be paid will be $1,464,000, total taxes to abated over the (9) nine -year period $945,000. In addition it will create thirty -eight (38) new jobs. Total investment is between $9 and $12 million dollars. Petitioner: A.J. Patel, 247 N. Dixie Way, South Bend— President & CEO of JSK Development and Hospitality. Councilmember Henry Davis, Jr. — I have a question for Mr. Fielding with the hotels downtown. During a previous conversation there was a cap on the number of rooms that can be provided in a given area. So how will this hotel affect others within this area? Chris Fielding replied the hotels that operate downtown will work together to attract business to the Century Center. Having the Century Center there will allow for two hotels to be attached which will allow for us to host conferences of about 350 people. There are plans to remodel the Chase Towers and these hotels will not have any bearing on each other. Councilmember Davis asked has the number changed for us to grow at a higher level, what has occurred to expand our market? Chris responded we are attracting more people to our community, and that buzz creates business. In the past new construction hotels was not something we were looking at. We now have businesses like Mr. Patel that are interested in investing millions in our market and investing another $7 million on the Southside. I am pretty sure after seeing his portfolio he knows what he's doing. Councilmember Oliver Davis asked where on the Southside. Mr. Patel responded on the comer of Ireland and Michigan. Councilmember Davis responded welcome aboard. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those wishing to speak in favor: Samuel Brown, 222 E. Navarre St., South Bend— I represent Citizens United for a Better Government. My only issue is that we already have the Chase Tower and it has never been done right. Are we going to be able to accommodate them to being a growing part of South Bend or will it be like the Hall of Fame? Rebuttal: Chris Fielding — In terms of the Chase Tower this bill is not about the Chase Tower. The Chase Tower is in the best economic stand point that it has been in years; not in a physical standpoint. This is the first time we have had one owner for the Chase Tower there is a plan now that allow for others to work with them with the receiver and titleholders out of the way. There being no one present wishing to speak to the Council in opposition to this bill, Councilmember Mr. Gavin Ferlic made a motion to adopt substitute version of 15 -31. Councilmember Dr. Fred Ferlic seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. 0 REGULAR MEETING MAY 26, 2015 Councilmember Mr. Gavin Ferlic made a motion to adopt substitute version of 15 -32. Councilmember Dr. David Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. 15 -33 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS CRESCENT OAKS SECTION THREE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC Councilmember Mr. Gavin Ferlic made a motion to continue bill 15 -33 to June 8th. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of seven (7) ayes. 15 -37 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 4701 NIMTZ PARKWAY SOUTH BEND, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER INDUSTRIES INC. 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 4701 Nimtz Parkway, South Bend, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Schafer Industries, Inc. 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 4701 Nimtz Parkway, South Bend, IN 46628 and which is more particularly described as follows: Business Personal Property and which has a Key Number 71- 025 -500 -23829 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sec., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community Investment 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 seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and 10 REGULAR MEETING MAY 26, 2015 WHEREAS, the Community Investment 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 C. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community Investment, and the Community Investment Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. 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. Member of the Common Council 11 REGULAR MEETING MAY 26, 2015 Councilmember Gavin Ferlic, Chairperson, Community Investment Committee met this afternoon and send bill 15 -37 to the full Council favorably. Presenter: Sarah Heintzelman, 14' Floor Dept. of Community Investment — Schafer is a locally owned company. They are looking to make a personal property purchase and came in for a tax abatement for four pieces of machinery. Their total taxes for this period will be $210,178, taxes abated $96,848 and taxes paid $113,330. They will also create 83 jobs as a result of this project. Petitioner: Stan Blenke, , 4701 Nimtz Parkway, South Bend — Executive V.P. of Schafer Industries We are here to request a tax abatement due to a new contract from two existing customers. The new contracts received are for a turbo charger for a Chrysler Challenger as they are sold out at this time and gears to go on a camp shaft for light diesel- engine for company in Indiana. We are looking to hire for new positions and retain 83 positions. Today Schafer is paying approximately $200,000 a year in existing property taxes for equipment. We appreciate past support on tax abatements as it allows us to continue to grow. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember M. Gavin Ferlic made a motion to adopt this resolution. Councilmember Dr. David Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. 15 -38 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 325 S. WALNUT ST, SOUTH BEND, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MASTERBILT, INC. 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 325 S. Walnut St., South Bend, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR: Masterbilt, Inc. 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 325 S. Walnut St., South Bend, IN 46601 and which is more particularly described as follows: Business Personal Property and which has a Key Number 018 - 08790 -00 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; 12 REGULAR MEETING MAY 26, 2015 WHEREAS, the Department of Community Investment 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 seg., 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 Investment 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 C. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community Investment, and the Community Investment Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. 13 REGULAR MEETING MAY 26, 2015 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. Member of the Common Council Councilmember Gavin Ferlic, Chairperson, Community Investment Committee met this afternoon and send bill 15 -38 to the full Council favorably. Presenter: Chris Fielding, 14" Floor Dept. of Community Investment — Before you have a resolution for a (5) five year personal property tax abatement. They are an aerospace parts manufacturer. They have the ability to expand their current capacity and add four (4) new jobs with the purchasing of new equipment to meet their current demand. They make over 220 parts at their aerospace facility. Their total investment is projected to be of $600,000. Taxes to be abated over the five (5) year period are $23,593, and total net taxes to be paid over the five (5) year period are $10,879. Petitioner: Rob Michalak, Masterbilt, 325 S. Walnut St. —We are looking to invest in C &C equipment as to bring in work that we have been outsourcing, and add new business. We are looking to aggressively grow as the aerospace community is expanding. Councilmember Oliver Davis — What side of Western are you on in location to Walnut? Petitioner responded we are on Walnut just north of Western. It is actually the building where Claeys Candies started. 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 opposition to this bill, Councilmember Mr. Gavin Ferlic 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 seven (7) ayes. 15 -39 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 106 110 NORTH MAIN ST SOUTH BEND, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN YEAR REAL PROPERTY TAX ABATEMENT FOR HISTORIC JMS BUILDING LLC 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 106 -110 North Main St., South Bend, IN 46601 14 REGULAR MEETING MAY 26, 2015 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN -YEAR REAL PROPERTY TAX ABATEMENT FOR Historic JMS Building, LLC WHEREAS, a petition for real 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 106 -110 North Main St., South Bend, IN 46601 and which is more particularly described as: Key Number 018 - 1008 -0330 —Lot 21 Ex 5'N End & Ex 26'E Side Original Plat 99 -010 Split to 033003 Trans 9773 10 -7 -98 Key Number 018 - 1008 - 033003 — 20.33'X 70' Nw Cor Lot 20 Original Plat 99 -00 Split Fry 0330 Per 9773 10 -7 -8 Key Number 018 - 1008 -0331 - LOT 20 8X40 FT S SIDE OF 40 FT X 18 FT NE COR & MID PT N END LOTS 19 &20 62 1/2 FT ON WASH ST X 1112-3 FT DEEP O P SO BEND be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment 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 seg., 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 Investment 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; 15 REGULAR MEETING MAY 26, 2015 B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment 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 (10) ten years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. 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. Member of the Common Council 16 REGULAR MEETING MAY 26, 2015 Councilmember Gavin Ferlic, Chairperson, Community Investment Committee met this afternoon and send bill 15 -39 to the full Council favorably. Presenter: Chris Fielding, 14" Floor Dept. of Community Investment — Before you have a resolution for a (10) ten year real property tax abatement. This is a partnership between the historic JMS building, LLC, Great Lakes Capital, and Earth Design. They are looking to invest approximately $7.6 million into the building creating 60 -68 apartments above the current commercial space. There will be no office space above the first floor. The return on investment is five (5) years, creating eight (8) new jobs. Total taxes to be paid over the ten (10) year period are $2,121,000, and total taxes to be abated over the ten (10) year period are $630,000. They are currently purchasing three numbers, but only doing the abatement for one number. Petitioner: Frank Perry, 3617 McKinley Ave, South Bend — I own a minority consulting firm, as I am the minority partner. We would be creating 60 -68 apartments, high -end apartments. I am excited about bringing this project. We are in the final stages and looking to deliver apartments around June of next year. Councilmember Oliver Davis — Can you address the parking in that area with 60 new homes coming? Chris Fielding responded the third attachment on your handout highlights the parking to the north of the JMS. Great Lakes owns the parking lot to the east of the building, and have leased spaces from the main street building garage. Councilmember Davis asked what happens with their guest when they come to visit. Chris replied any time after 5pm the parking garages are free, and with two street conversions there will be additional street parking available. Councilmember Dr. David Varner — With regards to the high -end finishes what is the dimensions of the apartment? Frank replied the average will be north of 850 sq. ft., there will be studio and one bedroom apartments. They will run in price from $700 to $1600 depending upon view and space. Councilmember Henry Davis — I think this is a great idea. My question is with all the projects going on when is the last time we did a market study on where we are economically, especially when I haven't seen an influx in new jobs? Where is this money going to come from to support all these new developments? Chris responded we did commission a study in 2012, by a national urban housing establishment, which gave an S.W.O.T. analysis that estimated downtown could absorb 5 downtown housing units. We are still significantly under that number. Urban living is a shift in our culture now, and South Bend plans to capitalize on that. Councilmember Davis stated I don't want our City to end up like what happened to Mishawaka. I'm simply asking these questions to avoid those things. Councilmember Oliver Davis — If all these apartments come downtown, what groceries stores are coming downtown as we don't have a convenient place for them to go? Chris replied there is a grocery store a block from downtown. We have a smaller market down the street. It has always been a question do we build the apartments or the grocery store. We build the living space and businesses will see the opportunity to build. Councilmember Henry Davis, Jr. — Is this the reason why we went to the two -lane streets for $40 million? Was that a part of the market study for new business and how traffic flows downtown? Chris responded they did not recommend that we did that, however it is one of the catalyst for growth downtown, and why you see retail space created under the hotel. I can't give you an answer but it all plays together as part of the vision. Councilmember Davis responded if that is the case then why was it not in the study? Chris replied we had already told them we would be doing the two -way streets, without it we had no reason to do the study. 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 opposition to this bill, Councilmember Mr. Gavin Ferlic made a motion to adopt this resolution. 17 REGULAR MEETING MAY 26, 2015 Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. 15 -35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA RECOMMENDING THAT A TALL GRASS WEED ABATEMENT PILOT PROGRAM FOCUSING ON PROVIDING YOUTH WITH WORKING OPPORTUNITIES AND LIFE SKILLS TRAINING AND DEVELOPMENT BE IMPLEMENTED FOR THE SUMMER OF 2015 Councilmember Mr. Gavin Ferlic made a motion to continue bill 15 -35 to June 8th. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of seven (7) ayes. 15 -40 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE ISSUANCE OF SCRAP METAL JUNK DEALER RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2015 PURSUANT TO SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/ JUNK DEALER/ RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2015 PURSUANT TO SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4 -51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on August 10, 2015 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: C & E Excavating Inc. — 702 Bendix Drive Gertrude Street Metal Recycling Inc. — 3700 Gertrude St. Green Tech Recycling — 2500 Green Tech Dr. Green Tech Transfer & Recycling LLC — 2500 Green Tech Dr. LKQ Self- Service Auto Parts — 1602 S. Lafayette Blvd. Treadstone LLC — 445 N. Sheridan St. US Scrap & Recycling — 1610 Circle Ave. US Scrap & Recycling — 2014 -2016 W. Washington St. US Scrap & Recycling Division — 1700 W. Washington St. US Scrap /South Bend Bailing Division — 1420 S. Walnut St. have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operations Licenses for the year 2015. WHEREAS, the license applications for all above - referenced businesses received favorable recommendations from the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Im REGULAR MEETING Section I. The license applications for the following businesses: C & E Excavating Inc. - 1702 Bendix Drive Gertrude Street Metal Recycling Inc. — 3700 Gertrude St. Green Tech Recycling — 2500 Green Tech Dr. Green Tech Transfer & Recycling LLC — 2500 Green Tech Dr. LKQ Self- Service Auto Parts — 1602 S. Lafayette Blvd. Treadstone LLC — 445 N. Sheridan St. US Scrap & Recycling — 1610 Circle Ave. US Scrap & Recycling — 2014 -2016 W. Washington St. US Scrap & Recycling Division — 1700 W. Washington St. US Scrap /South Bend Bailing Division — 1420 S. Walnut St. MAY 26, 2015 Are approved in conformity with South Bend Municipal Code Section 4 -51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau as evidenced by the Ordinance Violation Bureau Clerk's communication to the City Clerk dated August 10, 2015. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Member of the Common Council Councilmember Karen White, Chairperson, Personnel and Finance Committee met this afternoon and send bill 15-40 to the full Council with no recommendation due to lack of quorum. Presenter: John Voorde, City Clerk's Office — If you recall we do this process every year. One of the approving agencies was not approved due to a procedural error on their part. In terms of long -term growth, I made a decision to approve the ten (10) that we do have, to give them their licenses. 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 opposition to this bill, Councilmember Mr. Gavin Ferlic 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 seven (7) ayes. 15 -41 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING RESOLUTION NO. 4339 -14 WHICH PROVIDED PRELIMINARY APPROVAL OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING CERTAIN ECONOMIC DEVELOPMENT FACILITIES FOR NOBLE AMERICAS SOUTH BEND ETHANOL LLC Councilmember Gavin Ferlic, Chairperson, Community Investment Committee met this afternoon and send bill 15-41 to the full Council favorably. 19 REGULAR MEETING MAY 26, 2015 Presenter: Randy Rompola, 202 S. Michigan St, South Bend — We are here for you to consider the adoption of this resolution. This would increase the amount not to exceed tax exempt bonds issued on behalf of Noble Americas. At the time you adopted the fire resolution, the amount was not to exceed $25 million, since that time the company has invested a greater amount of money in the project overall. With respect to the bonds, they are being suggested for issuance at the project conclusion. The bonds would not be an obligation to the city. In order for them to issue tax exempt bonds, they would need to be issued by the city. With the issuance the city is not responsible and not held responsible. The payment would be between the company and the bank. At this point they are looking to not exceed $15 million. We are asking you to amend the prior resolution to preserve the ability to issue the bonds going forward. Councilmember Oliver Davis stated what you are sharing with us, is if something happens with Noble America, if they go out of business this will not affect the city? That their success or failure would not be liable by the city at all? Randy responded correct at no circumstances would the city be responsible if they were to default on their loans. 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 opposition to this bill, Councilmember White made a motion to adopt this resolution. Councilmember Dr. David Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILLS - FIRST READING RTT.T. MC) 24 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 17, ARTICLE 7, OF THE SOUTH BEND MUNICIPAL CODE TO DECREASE THE SEWER INSURANCE PROGRAM DEDUCTIBLE AND TO MAKE OTHER PROGRAM CHANGES ( Councilmember Oliver Davis exited the meeting) This bill had first reading. Councilmember Dr. David Varner made a motion to refer this bill to the Utilities Committee for second and third reading on June 22 °d. Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of six (6) ayes. 25 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING SECTIONS OF CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL SOLELY FROM CITY FURNISHED CONTAINERS This bill had first reading. Councilmember Dr. David Varner made a motion to refer this bill to the Utilities Committee for second and third reading on June 22 °d. Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of six (6) ayes. 26 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA AMENDING CHAPTER 16, SECTIONS 16 -6 AND 16 -8 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES FOR CITY COLLECTION AND DISPOSAL OF REFUSE (SOLID WASTE) MATERIALS This bill had first reading. Councilmember Dr. David Varner made a motion to refer this bill to the Utilities Committee for second and third reading with public hearing on June 22 °d. 20 REGULAR MEETING MAY 26, 2015 Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of six (6) ayes. 27 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA, JMS BUILDING AND ADJACENT PARKING LOT This bill had first reading. Councilmember Mr. Gavin Ferlic made a motion to refer this bill to Community Investment for June 22 °d. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of six (6) ayes. REPORTS FROM AREA PLAN COMMISSION BILL 07 -15 — REZONING —NW CORNER OF NORTHSIDE (KNOWN AS THE TRANSPO SITE) Council Attorney Cekanski- Farrand requested a motion to refer bill 07 -15 to the Zoning & Annexation Committee for Public Hearing on June 22, 2015. So moved by Councilmember White. Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of six (6) ayes. BILL 20 -15 — REZONING — 605 NORTH HICKORY RD BILL 21 -15 — REZONING — 2212 MISHAWAKA AVE Council Attorney Cekanski- Farrand requested a motion to accept substitute bill 20 -15 and substitute bill 21 -15, so moved by Councilmember Karen White. Councilmember Mr. Ferlic seconded the motion which carried by a voice vote of six (6) ayes. Council Attorney Cekanski- Farrand requested a motion to send substitute bill 20 -15 and substitute bill 21 -15 to the Zoning & Annexation Committee for June 22 °d, 2015. So moved by Councilmember Mr. Gavin Ferlic. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of six (6) ayes. Councilmember Henry Davis, Jr. requested information about Western Ave. community meeting times. Councilmember Mr. Gavin Ferlic reported the meeting will be June 10' at 5:00pm. Councilmember White stated they will be looking at the Charles Black Center and will check to make sure that it is available. Councilmember White stated we will be having a meeting this Thursday at 5:30pm with the County Assessors with a bill that deals with assessments that impacts our citizens which will be held at the Council. NEW BUSINESS Councilmember Henry Davis, Jr. stated he is noticing the lack of attention towards our citizens. There is a lack of presence by our Mayor at our Council meetings. With my level of experience the expectations are not clear from the Mayor's Office. The city council constantly has unanswered questions that have been disregarded or lied to. We deserve factual information, we have to have clear and transparent conversations that are going on. Council President Tim Scott in no offence to the Mayor, he did send me a text that he will not be in today's meeting as he is at conference. Of course that only accounts for today's meeting. PRIVILEGE OF THE FLOOR 21 REGULAR MEETING MAY 26, 2015 Jesse Davis — P.O. Box 10205, South Bend— SB 150 was a great gathering Aaron, but I have a couple concerns on how much did this cost the taxpayers, as the majority of the donations were political. I have a problem with the SB 150 webpage with smoking prohibited in public areas as well as professional camera's, and weapons. The people who wrote this should be held accountable. This was sent to the NRA as this violated our rights. Samuel Brown — 222 E. Navarre St., South Bend — I represent the group Citizens United for a Better Government. I remember the old South Bend with car dealerships, movie theatres... We have brought businesses that were supposed to help the city but have not. Jason Banicki- Critchlow— 3822 W. Ford St., South Bend— I was born and raised on the Westside. I was at a meeting where I listened to the Mayor tell us that the $2 million spent to redevelop streets and sidewalks was not a plan but just a vision. The ethnic diversity, the income diversity has been jeopardized by gentrification. We want to stay who we are, we love the Westside as it is. There is no coherent plan on fixing poverty rather than just trying to avoid it. We need to sit down with the housing authority and the projects to develop true multi - income neighborhoods. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 8:34 p.m. ATTEST: ATTEST: John Voorde, City Clerk Tim Scott, President 22