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Home My WebLink About04-14-14 Common Council Meeting MinutesREGULAR MEETING APRIL 14, 2014 Disclaimer: Undergoing teclumlogy updates experienced some loss of video & audio recording for dictation. 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 14, 2014 at 7:00 p.m. The meeting was called to order by Council President Oliver Davis and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Tim Scott Henry Davis, Jr. Valerie Schey Dr. Fred Ferlic Dr. David Varner Oliver J. Davis Derek Dieter Gavin Ferlic Karen L. White OTHERS PRESENT: 1st District 2nd District 3' District 4 1 h District 5s` District 6s` District, (President) At- Large, (Vice President) At -Large At- Large, (Chairperson Committee of the Whole) Kathleen Cekanski- Farrand Council Attorney John Voorde City Clerk Janice L Talboom Deputy Kareemah Fowler Chief Deputy REPORT FROM THE SUB- COMMITTEE ON MINUTES Councilmember Scott made a motion that the minutes of the March 24, 2014, meeting 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 BILL NO. 14 -29 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN SUPPORT OF THE 2014 NORTHWEST INDIANA MDA MUSCLE WALK SCHEDULED FOR SATURDAY, APRIL 26, 2014 WHEREAS, the South Bend Common Council recognizes that the MDA Muscle Walk is a series of fun non - competitive local walks held across the country and it is the largest event of its kind in the United States and WHEREAS, persons walk in the MDA Muscle Walk to: L "...walk to honor adults and children with any of the more than 40 muscle diseases in MDA s program" 2. "...walk to have fun and get some light exercise with our kids friends parents grandparents students corporate teams and more most Muscle Walks average a mile or less" 3. "...but most importantly we walk to raise funds to help the Muscular Dystrophy Association foster research and provide vital services to families affected by neuromuscular disease." REGULAR MEETING APRIL 14, 2014 WHEREAS, the 2014 Northwest Indiana MDA Muscle Walk will take place at noon on Saturday, April (26), 2014 at the Gates Gymnasium in the Weikamp Athletic Center located on the campus of Bethel College in our sister city of Mishawaka with every dollar raised of the $50,000 goal going directly to support the Muscular Dystrophy Association in Northwest Indiana Now therefore, be it resolved, by the Common Council of the City of South Bend, Indiana as follows: Section 1. The Common Council of the City of South Bend Indiana encourages everyone to consider participating in the 2014 Northwest Indiana MDA Muscle Walk on Saturday, April (26), 2014 with this being one of three MDA walks taking place in Indiana this year. Section II. As noted one of the past MDA Muscle Walk participants: "Our favorite part of the walk is coming together as a community to show our support in ending muscular dystrophy ... when there are larger events we remember that there are more people in this fight than just us" Section III. This resolution shall be in force and effect from and after its adoption by the Common Council and approval by the Mayor. Councilmember Henry Davis made the presentation for this resolution. Robert Emery spoke on behalf of the resolution. Mr. Emery was diagnosed with MDA seven years ago and had a father who recently died with the same diagnosis. Mr. Emery noted April (26), 2014 by proclamation of Gov. Michael Pence is to be Indiana Muscular Dystrophy Day and also the day for the MDA walk of the resolution. MDA Indiana Representative- We serve over 43 different counties in Northern Indiana. We provide funds for free programs, free flu shots, free equipment, summers camps for kids between ages of 6 -17, and most importantly the coach. The MDA assists our clients and we also want to find cures and treatments. Councilmember Henry Davis as a city Council we want to recognize those who have disabilities as well, I hope we move forward on this bill. Councilmember Scott made a motion to move for favorable recommendation for this Resolution. Councilmember White seconded the motion which carried forward by a voice vote of nine (9). ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF KATHRYN ROOS REPORTS OF CITY OFFICES - DEPUTY MAYOR MARK NEAL The recent state of violence in our community is acceptable. No parent should have to pay for the death of their child. Our public safety officials are very focused, we appreciate your support and all your efforts. We will be having more consistency on beets, to get to know the residences, and increase with reporting. I will continue to urge all the community to report acts of violence, and public safety they can call anonymously. Other notes, our corridors plan there's been an effort in the budget that has been approved to work on Western Ave. There will be a series of Public Meetings to April 21' -26th, we will also be using our city voice application (to leave phone messages to give your feedback). We also want to highlight our police and firefighters who honored officers who serve our community. We appreciate hundreds of volunteers for rehabilitating the houses. Finally, we would like to recognize our Public Works employees, over hundreds of them were honored for the great job they did during last winter and cleaning our streets, and helping with our solid waste. Councilmember Dieter- You mentioned the law enforcement side, as I said for years on the city council we need to increase in beets and police personnel, so thank you for that Councilmember Dr. Varner - The city police applications that they use for surveys it's important that the results are reported. I think too often information is cleaned and not reported. REGULAR MEETING APRIL 14, 2014 Councilmember Dr. Ferlic- Has there be any progress on the alley issue, or has Eric or any people been involved to try and solve that if we have another bad winter like this year? Deputy Mayor responded we are continue to look at our solid waste pick up activities, how we do it to serve residence better, I would ask you to stay tuned we should have more about that in the next thirty (30) to sixty (60) days. Councilmember Henry Davis, Jr. I am in full agreement with you that the violence needs to stop, I attended church yesterday, and my Pastor spoke about the same thing. I don't think we think about what options there are for the people once they stop or who want to stop. I think when we have these conversations about violence I think we need to find solutions, so you will hear next Council meeting to discuss those things. We are missing out on our neighborhood centers, ensuring the staff is adequate, that programing is at a higher level and usage. Where is our partnerships with the school corporation, how do we allow them to use their facilities on the weekend and how they can be used for the kids, whether a computer lab or gymnasium? I think we are selling ourselves short when we say quit the violence, there needs to be an end goal in mind besides incarceration. We still have to take care our people and need to change the culture of our city. Deputy Mayor responded I agree with you, people must put their guns down, violence must stop. At the same time we need to help find alternatives, training for employment and job skills employment. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:23 p.m. Councilmember Dieter made a motion to resolve into the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Schey, 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 BILL NO. 08 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 837 MINER STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 09 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORIDANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1021- 1023 TALBOT STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 10 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1104 BISSELL STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 11 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1042 MINER STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING APRIL 14, 2014 BILL NO. 12 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTIONFOR PROPERTY LOCATED AT 1012 TALBOT STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA Council Attorney Kathy Farrand a motion to continue the following bill through May 12' and referred back to the Zoning and Annexation Committee Bill 8 -14, bill 9 -14, bill 10 -14, bill 1I- 14, and bill 12 -14. So moved Councilmember Dr. Varner and seconded by Councilmember Schey which carried forward by a voice vote of nine (9) ayes. BILL NO. 23 -14 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY SOUTH OF FAIRVIEW STREET FROM THE EAST RIGHT OF WAY LINE OF KALEY STREET TO THE FIRST NORTHEASTERLY/ SOUTHWESTERLY ALLEY FOR A DISTANCE OF 360 FEET MORE OR LESS Councilmember Henry Davis, Jr., I would like to reserve my comments, I would like to let someone else speak. Councilmember Dieter, Public Works and Property Vacation Committee, reported that they met this afternoon on this bill and send bill 23 -14 to the full Council with a favorable recommendation. Presenter: Ramos- 2224 West Ave South Bend- I have 13 years living in this area, two years ago, I came to get permission to connect multiple lots. 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 Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 18 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 38 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OPEN AIR BUSINESSES AND TO INCLUDE DONATION BOXES AND OTHER CONTAINERS DESIGNED TO ACCEPT OR TO DISTRIBUTE USED ITEMS Councilmember Schey, Chairperson, Personnel & Finance Committee, reported that they met this afternoon on bill 18 -14 and send this to full Council with a favorable recommendation. Council Attorney Kathy motion to hear substitute bill 18 -14 before the Council. So moved by Councilmember Dieter. Councilmember Mr. Ferlic seconded which carried forward by a voice vote of nine (9) ayes. Presenter: Anne Nash- 1951 East St South Bend- I have spoken with Goodwill and other donation spots. I have worked with Goodwill for many years, as I mentioned this afternoon we collect gifts for those who are in need. We have several organizations that have taken donations so we can do that. We are providing a licensing to incorporate with the theme already and posting the names of the organization and the boxes be empty regularly and a person to contact 4 REGULAR MEETING APRIL 14, 2014 for complaints about overloading. I provided some specific language for the collection box to Council Attorney Kathy Farrand. I would be happy answer any questions. Councilmember Dieter- are we going to come up with a tag for each? Petitioner- we fixed the languages that are in front of you, to include the license of the city for the collection box, and the date that it would expire. Councilmember Dieter- would those be number with location? Petitioner- we would identify the place. Councilmember Dieter- would they be number so we can coordinate a number with a location and for billing and code would they have a master list? Petitioner- an auditor would most likely have that. Councilmember Dieter that would best for them to have that for those who get the complaint. Councilmember Scott- Would the additional cost of coming up with a sticker? Petitioner responded audio was too low. Councilmember Henry Davis, Jr. was that per box, or was that per organization? Petitioner responded per box. Councilmember Davis was there a thought that the lock that holds the box, the person who owns the land for the box would be more accountable as they usually have more of an invested interest. I think it would be cleaner if the people who owns the land would keep it a lot cleaner? I don't know, but I don't agree in assigned new fees to different things. Petitioner responded that some were held accountable in the past. Councilmember Davis they use to have an illegal dumping team are they engaged in this process? Petitioner, if someone was found doing illegal dumping we were able to call the city against that person, unfortunately without the locks we can't find out who did the illegal dumping. Betty- President of the organization- I do have pictures, donations boxes are the life blood of our organization because what we get in those boxes is what we use for revenue. The agency that we work with none of us get local dollars. If you look to the west of community you had one that was tipped over and for weeks and part of the time you couldn't get to it because of all the snow. As we are looking to clean up our city we don't want that to be the first thing people see when entering our city. I ask for your consideration, we are happy to pay the fee for the boxes, we have to offer the landlords who are not in our community, we have to get permission from the landlord, they're not local it would be easier for the organization to maintain and license them. Councilmember Henry Davis- do you have to pay renters insurance for them? Petitioner, yes we have to pay a fee to put our box down. Councilmember Davis- so you think the fee should be higher? Petitioner- no I think the fee at $25 is affordable, but I think the organization should pay that fee, to make sure that it is clean. Councilmember Davis- I just don't see a huge investment in $25 to help change my behavior, I don't think that should be adopted, it makes you think twice about your responsibility if the fee is higher than $25, that box is on second district, local car lot dealer, sees it every day and walks right pass it. 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: Lima Henderson- recently moved here from Michigan- we are one of the location organization who collect in this area, we have over 600 bins, and we have done this for 7 to 8 years. We got our permit for one of our cities, it's not a very complicated ordinance that we full support, and we train and send volunteers that work in Africa from the proceeds from these bins. Last year my organization diverted 2 million tons away from the mid -west landfill to families to reuse. 70% of the world's population cannot afford to go in to this stores and buy this clothing. These are very important for an equal opportunity for those less advantaged. The fee is with the organization, we are a non -profit we don't pay a fee, people do this out of the goodness of their hearts that burden should be with us. What we do is charitable, what we do is good and it is important to support our community. We are favor in such legislation. Thank you. Bryan- we support the boxes, we need to have something that South Bend has control to make sure they are clean and having a for -profit organization, we have some of the ordinances that we provide and have done this for larger and smaller cities, and have worked with city councils to REGULAR MEETING APRIL 14, 2014 make sure it is advantageous to everyone in the city and the organization. We are here weekly to maintain our boxes, however we don't reside in the city but we need to make sure the organization is regulating the boxes, so the owner kicks them out or the box providers get fines or termination of permit. We are support of it what certain language in there. Anthony- Manager of a Homeless Center in Michigan- I support non - profit organization that are building stronger communities that help with poverty. We are here twice a month, we help those to read, and getting books. We do have a presence in this city beyond our blue boxes. Those wishing to speak in opposition: Robert Townsend- Planet A- I work as part-time employer, he provided them with brochures. The Portage reference, he referred to our company worked hard with council to make that possible. We only have one chance to pass things like this. You should take this bill back to the organization, tag the boxes for them. Henry James - Planet A- this is the first opportunity that we heard about this, I don't like the parking because the people who don't own the boxes don't care what kind of sticker is on the boxes. By putting any fee on the owner of the box will change nothing, it will just get dumped. I think something's are appropriate and good. I think you should have permits for the boxes, it is important the box identifies who they are, and their purpose, there should a phone number on the box. Someone can junk outside, someone could take care of it. Some might need to be picked up every day or the days that they come. Thank you to all the organizations that clean them up Rebuttal - the people from Planet A please note the language in the ordinance would require that they live or have a business within St. Joseph County. They can easily have a responsible person in this county or an adjacent count and monitor it at least every seven (7) days. We as an organization can manage the boxes should they not have a local home. Under Section 4 -15 a $50 fine can issue a fine, they can suspend, or revoke them. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Scott seconded the motion which carried by a roll call vote of seven (7) ayes and (2) nays Councilmember Henry Davis, Jr. and Councilmember Schey. RISE AND REPORT Councilmember Scott made a motion to rise and report to full Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: John Voorde, City Clerk ATTEST: Valerie Schey, 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 8:10 p.m. Council President Oliver Davis, presided with nine (9) members present. r "i0W =r moll tiCI NMI 1110 � BILL NO. 23 -14 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY SOUTH OF FAIRVIEW STREET FROM THE EAST RIGHT OF WAY LINE OF KALEY STREET TO THE FIRST NORTHEASTERLY/ SOUTHWESTERLY ALLEY FOR A DISTANCE 14 REGULAR MEETING APRIL 14, 2014 OF 360 FEET MORE OR LESS This bill had third reading. Councilmember White made a motion to pass bill 23 -14 as amended in the Committee of the Whole. Councilmember Mr. Ferlic seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. BILL NO. 18 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 38 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OPEN AIR BUSINESSES AND TO INCLUDE DONATION BOXES AND OTHER CONTAINERS DESIGNED TO ACCEPT OR TO DISTRIBUTE USED ITEMS This bill had third reading. Councilmember Dieter made a motion to amend this bill as it was in the Committee of the Whole. Councilmember Dr. Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White made a motion to pass bill 23 -14 as amended in the Committee of the Whole. Councilmember Mr. Ferlic seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes by (1) nay not because I'm against by it needs some more meat in it Councilmember Henry Davis. Councilmember Schey, I too think it needs some more amendments but I will support it. RESOLUTIONS BILL NO. 14 -23 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5024 WEST WESTERN AVENUE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR BRIARCLIFF HEALTHCARE 7 REGULAR MEETING RESOLUTION NO, '4 - 1 APRIL 14, 2014 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 5024 West Western Avenue AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR BRIARCLIFF HEALTHCARE 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 5024 West Western Avenue, South Bend, Indiana, and which is more particularly described as follows: 575.01' on Western Beg 300' West of Line Summit Drive Sec 8 37 2e and which has Key Number 018- 4129 - 504311 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 sea., 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 M, and South Bend Municipal Code Sections 2 -76, et seM, ., 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: 91 REGULAR MEETING APRIL 14, 2014 SECTION 1. 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 at M., 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 firm 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 arc 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 -I.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 I 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. REGULAR MEETING APRIL 14, 2014 SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to seven (7) years 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 Rest Property Tax Abatement to he 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. ---\ PRESENTED 2 R Yo 1 3 a a 14 NOT APPROVED kDOPTED ) _- 1A--1 I IM Councilmember Gavin Ferlic, Chairperson, Community Investment met this afternoon and sends this bill to full Council with a favorable recommendation. Presentation: Richard Tinley- 3821 Claxton St. - I'm looking rehabilitee the facility at 5024 Western Ave in the amount of $326 million dollars. The tax abatement will create up to 100 jobs, 10 REGULAR MEETING APRIL 14, 2014 many of the jobs will be full -time positions, our annual budget for salaries will be $2.5 million, our building is scheduled to open October of this year, we ask that you grant the abatement and bring economic opportunities to South Bend. 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 Resolution, Councilmember Mr. Ferlic 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. BILL NO. 14 -30 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1902 WEST SAMPLE STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO (2) YEAR REAL PROPERTY TAX ABATEMENT FOR LIPPERT COMPONENTS MANUFACTURING INC 11 REGULAR MEETING RESOLUTION NO. 4333- APRIL 14, 2014 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 1902 West Sample Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO -YEAR (2) REAL PROPERTY TAX ABATEMENT FOR Lippert Components Manufacturing 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 1902 West Sample Street, South Bend, Indiana, and which is more particularly described as follows: Lot I Project X Minor Sub 03 -04 New Replat TR 5162 -7 -18 -2002 and which has Key Number 71- 018 - 09041 -00, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et sp., and South Bend Municipal Code Sections 2 -76 et s, eq., 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, at sue., and South Bend Municipal Code Sections 2 -76, et §M., 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: 12 REGULAR MEETING APRIL 14, 2014 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 SCQ., for tax abatement. SECTION 11. The Common Council hereby determines and finds the following: A. 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 occupation of the eligible vacant building; B. 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 occupation of the eligible vacant building; C. That the proposed occupation of the eligible vacant building will increase the tax base and assist in the rehabilitation of the Economic Revitalization Area; D. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed occupation of the eligible vacant building; and E. 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 111. The Common Council hereby determines and finds that the proposed occupation of the eligible vacant building can be reasonably expected to yield benefits identified in the Statement of Benefits, 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 tire 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 two (2) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. 13 REGULAR MEETING APRIL 14, 2014 SECTION VII. The Common Council hereby determines that the annual amount for which similar buildings in the county were leased or rented or offered for lease or rent during the period the eligible vacant building was unoccupied is approximately in the amount of $1,078,274. SECTION VIII. 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 IV, This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mavor. PAESENTEd � l MOY. 7'P w P 2,poPil3 - 91ed In Clerk's Office 19ACt 1 l �� 14 JOMN VOOADE CITY CLERK, SOUTH BEND, IN Presenter: Chris Fielding- 14' floor of this building - This tax abatement incentive was one utilized to intent Lippert to come to South Bend open a new facility. This facility will create over 380 jobs over the next ten (10) years, with total taxes abated approximately $660,000 over a two year period, total tax paid $210,000. 14 REGULAR MEETING APRIL 14, 2014 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 Resolution, Councilmember Mr. Ferlic 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. BILL NO. 14 -31 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 515 WEST IRELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC 15 REGULAR MEETING RESOLUTION NO. 3 3S APRIL 14, 2014 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 515 WEST IRELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A REAL PROPERTY TAX ABATEMENT FOR UP TO 7 YEARS LOCK JOINT TUBE, LLC 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 515 West Ireland Road, South Bend, Indiana, and which is more particularly as follows: A parcel of land located in the Southeast Quarter (S.E. 114) of the Northeast Quarter (N.E. 1/4) of Section Twenty -Six (26), Township Thirty -Seven (37) North, Range Two (02) East of the Second (2nd) Principal Meridian and all being in Center Township, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the southeast comer of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E1 /4) of said Section Twenty -Six (26); thence South 90'00'00" West (Bearing derived from description shown in Title Commitment 9501843 ) as issued by St. Joseph Title Corp.), along the south line of the Southeast Quarter (S.E.1 14) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26) and also being along the centerline of a public road now known as Ireland Road, a distance of 400.00 feet; thence North 01 0 30'47" East, parallel with and 400.00 feet wcst of the east line of the Southeast Quarter (S.E. 1/4) of said Section Twenty -Six (26), a distance of 40.01 feet to the Point of Beginning of this description, said point of beginning being on the north right of way line of said Ireland Road and also being the southwest corner of a parcel conveyed to Roger R. Atwell and Eleanor Atwell as described in Quit Claim Deed No. 9416618; thence South 90 00'00" West, along said north right of way line of Ireland Road and being parallel with and 40.00 feet north of the south line of the Southeast Quarter (SE. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26), a distance of 891.36 feet to a point on the west line of the Southeast Quarter (S.E.1 /4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26) and also being the southeast corner of a parcel conveyed to Louarme Osborne as described in Warranty Deed 9326881; thence North 00 0 58'55" East, along the west line of the Southeast Quarter (S.E.1 /4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty-Six (26) and also being along the east line of said parcel conveyed to Louanne Osborne and also along the east line of a parcel conveyed to Transit Mix, Inc. as described in Warranty Deed 9018257, a distance of 955.26 feet to a point which is South 00 °58'55" West -- 314.00 feet from a stone found at the northwest comer of the Southeast Quarter (S.E.1 /4) of the Northeast 16 REGULAR MEETING APRIL 14, 2014 Quarter (N.E.1 /4) of said Section Twenty -Six (26); thence North 89 0 42'44" East, along the south line of two (02) parcels conveyed to Miles Laboratories, Inc. as described in Warranty Deed 7903212 and Warranty Deed 8501215, a distance of 1270.41 feet to a point on the west right of way line of a public street now known as Lafayette Street; thence South 01 West, along said west right of way line of Lafayette Street and being parallel with and 30.00 feet west of the east line of the Southeast Quarter (S.E. 114) of the Northeast Quarter (N.E.114) of said Section Twenty -Six (26), a distance of 602,05 feet to the northeast comer of a parcel conveyed to Arthur Fontonelli and as described in Warranty Deed 9335926; thence South 90 West, along the north line of said parcel conveyed to Arthur Fontonelli and also being along the north line of a parcel conveyed to Arthur Fontonelli as described in Corporate Warranty Deed 9335926, a distance of 370.00 feet to the northwest corner of said parcel conveyed to Arthur Fontonelli; thence South 0 1 °30'47" West, along the west line of said parcel conveyed to Arthur Fontonelli, a distance of 360.00 feet to the Point of Beginning of this description. and which has Key Number 023 -1013 -0758 a/k/a 71- 08-26- 200 - 014.000 -002, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1- 12.1 et se�.c ., and South Bend Municipal Code Sections 2 -76 et §gq., 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 seM.., and South Bend Municipal Code Sections 2 -76, et gM., 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 Tax Incentives and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et sml., for tax abatement. SECTION H. 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; 17 REGULAR MEETING APRIL 14, 2014 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 firm 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 detcrmincs and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits and Petition for Tax Incentives 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 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. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to seven (7) years as shown by the attachment pursuant to Indiana Code 64.1 - 12.1 -17. SECTION VII. This Resolution shall be in full force a and after i ado tion by the Common Council and approval by the Mayor. Filed in PRESENTED . 3'T� -1 F VIAi " i 7 NOT {iPPRO.Vt9 CITY CLEp FH BIEND, IN Aooertt * 3- Ly Councilmember Oliver Davis requested a motion to continue bill 14 -31 to May 12 So moved by Councilmember Dieter, seconded by Mr. Fertic which carried by a voice vote of nine (9) ayes. IN REGULAR MEETING APRIL 14, 2014 BILL NO. 14 -32 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROVIDING PRELIMINARY APPROVAL OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING CERTAIN ECONOMIC DEVELOPMENT FACILITIES FOR NOBLE AMERICAS SOUTH BEND ETHANOL, LLC 19 REGULAR MEETING RESOLUTION NO. 3 3 � — I - I A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROVIDING PRELIMINARY APPROVAL OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING CERTAIN ECONOMIC DEVELOPMENT FACILITIES FOR NOBLE AMERICAS SOUTH BEND ETHANOL, LLC APRIL 14, 2014 WHEREAS, the City of South Bend, Indiana (the "City") is authorized by I.C. 36-7- 11.9 and 12, as supplemented and amended (the "Act'), to issue revenue bonds for the financing of economic development facilities, the funds for said financing to be used for the acquisition, construction, installation and equipping of said facilities; and WHEREAS, Noble Americas Corp„ on behalf of its subsidiary Noble Americas South Bend Ethanol, LLC, (the "Applicant") has advised the South Bend Economic Development Commission (the "Commission ") and the City that it proposes that the City issue economic development revenue bonds for the purpose of providing financing for certain economic development facilities consisting of the acquisition, construction, installation and equipping of, including, but not limited to, grain drying systems, process technology upgrades, boilers, cooling towers, water treatment, mks, piping systems, CIP system and any other facilities and equipment which may be financed through the issuance of economic development revenue bonds (the "Project ") in conjunction with the Applicant's renovation of the ethanol production facility located at 3201 West Calvert Street in the City; and WHEREAS, the Applicant has proposed that the City issue its revenue bonds under the Act to finance the acquisition and installation of the Project under a financing agreement whereby the proceeds of such bonds would be utilized to acquire, construct and install the Project and the Applicant would make payments sufficient to pay the principal of, premium, if any, and interest on said bonds; and WHEREAS, the Applicant has further advised the City that the determination by the City - preliminarily to accept such a proposal for financing the Project will constitute a substantial inducement to the Applicant to proceed with the Project; and WHEREAS, it is estimated that the Project will result in the creation of approximately fifty (50) new permanent jobs; and WHEREAS, the Commission has given its approval to such financing of the Project; and WIIEREAS, the issuance and sale of said revenue bonds will not reduce the legal bonding capacity of the City; and WHEREAS, the City shall bear no expense in connection with the issuance and sale of said revenue bonds and all expenses in connection thereto which are incurred by the City shall be reimbursed to the City by the Applicant; and dm,...53706150.01 20 REGULAR MEETING APRIL 14, 2014 WHEREAS, the principal and interest payable on said bonds are not payable from funds raised by taxation by the City; and WHEREAS, the issuance of said bonds shall not obligate the full faith and credit for the taxing power of the City; and WHEREAS, subject to required approvals, it appears from the application submitted to the Commission by the Applicant that the financing of the Project would be a public benefit to the health, prosperity, economic stability and general welfare of the City and its inhabitants; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council finds, determines, ratifies and confirms that the creation and retention of opportunities for gainful employment and the cremion of business opportunities to be achieved by the Project in the City will be of benefit to the health and general welfare of the citizens of the City; and that it is in the public interest that this Common Council take such action as it lawfully may to encourage diversification of industry and promotion of job opportunities in the City. SECTION II. The Common Council further finds, determines, ratifies and confirms that the issuance and sale of economic development revenue bonds of the City under the Act in an aggregate principal amount not to exceed $25,000,000.00 for the Project and the loan of the proceeds of the revenue bonds to the Applicant will serve the public purposes referred to above, in accordance with the Act. SECTION 111. In order to induce the Applicant to proceed with the Project, the Common Council hereby finds, determines, ratifies and confirms that: i) It will take or cause to be taken such actions pursuant to the Act as may be reasonably required to implement the aforesaid financing, or as it may deem reasonably appropriate in pursuance thereof; provided that all of the foregoing shall be mutually acceptable to the City and the Applicant; and ii) It will adopt such ordinances and resolution and authorize the execution and delivery of such instruments and the taking of such action as may be reasonably necessary and advisable for the authorization, issuance and sale of said economic development bonds. SECTION IV. All costs of the Project incurred for planning, engineering, interest paid during construction, underwriting expenses, attorney and bond counsel fees, acquisition, construction and equipping of the Project, including reimbursement or repayment to the Applicant of moneys expended prior to the adoption by the City of this resolution would be permitted to be included as part of the Project costs to be financed out of the loan of the proceeds from the sale of the bonds to the extent permitted by the Act and the Internal Revenue Code of 1986, w amended, and applicable regulations promulgated thereunder. SECTION V. All action taken and approvals given by the City with regard to the Applicant, are based upon the evidence submitted and representations made by the Applicant, its _2_ E .u5.13706150.01 21 REGULAR MEETING APRIL 14, 2014 agents or counsel, to the Commission and the City. No independent examination, appraisal or inspection of the Project was made, requested, or is contemplated by the City. SECTION VI. The City does not, by this or any other approval or funding, guarantee, warrant or even suggest that the bonds, coupons or series thereof will be a reasonable investment for any person, firm or corporation. SECTION VII. The City shall not be obligated, directly or indirectly, to see to the application or use of the proceeds from the sale of the bonds or to see that the contemplated improvements, if any, are constructed. The City is in no way responsible to the holders of any bonds for any payment obligation created by the bonds. SECTION VIII. The City does not warrant, guarantee or even suggest that interest to be paid to or income to be received by the holders of any bond, coupon, or series thereof is exempt from taxation by any local, state or federal government. SECTION IX. The bonds shall be limited, special obligations of the City payable solely from the funds provided therefor as described in the indenture authorizing the bonds, and shall not constitute an indebtedness of the Commission or the City or a loan of the credit thereof within the meaning of any constitutional or statutory provisions. SECTION X. This resolution does not constitute a binding obligation of the Commission or the City to issue the bonds, but instead, is a commitment by the City to proceed with negotiations for the financing described herein with the Applicant and is subject to the adoption of a bond ordinance by this Common Council in accordance with the provision of the Act. SECTION XL This resolution shall be in full force and effect upon adoption by the Common Council and compliance with the procedures required by Indiana Code 364-6. NOT. APPRO-YE9 zoaar . d � -1NaY .wsazosiso.oi COMMON COUNCIL OF THE CITY OF SO[JTH BEND, VIII$ NA Men of the Common Council -3- �f1 �alra °ES °�13F.. i £E?YCLERIt, Stun4 tiEnily, !? Councilmember Gavin Ferlic, Chairperson, Community Investments met and sends bill 14 -32 to the full Council favorably. Presenter - Rich Hill- Law Firm- 1400 Piedmont Road- we have before you a grant the approval of deputy bonds for the correctional facility for the employment process on a preliminary basis. 22 REGULAR MEETING APRIL 14, 2014 This project would bring 50 new jobs to the plant, unlike other bonds the city is not liable of the bonds. The resolution proposes a max bond amount of $25 million dollars to proceed to the completion we would return to the Council a detailed bond, we ask for your favorable recommendation. Councilmember Henry Davis, Jr- what time frame are you looking at for the bonds? Petition in the next couple of months. Councilmember White- As a matter of public record for the sake of our guest there is absolutely no liability on the city's part should the company default. Petitioner if in fact the bonds were issued and they were a default there is no pledge of revenue from the city. Councilmember White since this is a for -profit company seeking a non -profit status that is allowable by law? Petitioner - the federal government has provided certain types of financing permitted to be issued on a tax basis, the portions of the facility that the equipment will be devoted to meets solid waste requirements, federal IRS will be provided on a tax exempt basis and to encourage this type of facility. Councilmember Henry Davis, Jr. - there was a national publication that there is a company invested in ethanol, could this have an adverse effect on a bylaw? Petitioner - the city has no revenue impact, many bonds are sold with a line of credit, the legal term it is a conduit, and the city is just lending its name on it. In investing in Ethanol that is inaccurate, having that plant in operation has numerous benefits to the city. Is there a cap on economic bonds such as these or are we able to extend more? Petitioner - the state does have a cap and the credit line of the company, to complete the process the company would request an allocation from a finance authority. There is a number on that cap. It is per state, not per city. 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 Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Schey seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 14 -33 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3201 WEST CALVERT STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR NOBLE AMERICAS SOUTH BEND ETHANOL LLC 23 REGULAR MEETING RESOLUTION NO. 33 -- APRIL 14, 2014 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 3201 West Calvert Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR NOBLE AMERICAS SOUTH BEND ETHANOL LLC 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 3201 West Calvert Street, South Bend, Indiana, and which is more particularly described as follows: Vac Sunset Pk SE V. Ex Pt Sold to City S & Adj & Mid Pt S I /2E of Rr Cont 61.834 An +- See 16 -37 -2e and which has Key Number 71 -08 -16 -400- 002.000 -026, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 or son., and South Bend Municipal Code Sections 2 -76 et son., 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 Mg., 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 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: 24 REGULAR MEETING APRIL 14, 2014 SECTION 1. 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 - 4 M., for tax abatement. SECTION B. 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 111, 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, arc 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. 25 REGULAR MEETING APRIL 14, 2014 SECTION Vl. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to an eight (8) 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. p1tE5Et .*�'2'y —(l QS Su.60W Rol. 1.PPRCV anoptrt3 ' 3 .2V — lY O—S Sw Red In Clerk's OffICL L Pi 17 jDE JOMtd VOC CITY CLERK, SQIUI BEND, tpd Presenter: Chris Fielding- Office on 14' floor of this building- this was done several weeks ago with a conjunction with a real tax abatement, for workers to assume work while we determine which would be more advantageous. Under the personal property abatement will total cost will remain at 50, our upgrades before taxes potential abated $102,098, total taxes to be paid over five (5) years $105, 741. 26 REGULAR MEETING APRIL 14, 2014 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 Resolution, Councilmember Mr. Ferlic 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. BILL NO. 14 -34 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2115 WEST WESTERN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR IRBN, INC 27 REGULAR MEETING RESOLUTION NO, l 3 `f (- I APRIL 14, 2014 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 2115 WEST WESTERN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR IRBN, 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 2115 West Western Avenue, South Bend, Indiana, and which is more particularly described as follows: Beg 603.53' E of Inter of E Right of Way of Olive Street N Right of Way of Western Ave W '/3 NE %< Sec 10 -37 -2e Cant Approx 6.622 Ac +- and which has Key Number 018 -4096- 358109, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et sett , 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 wQ., 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 h 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 M., that: W] REGULAR MEETING APRIL 14, 2014 a the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. the totality of benefits is sufficient to justify the deduction requested. SECTION 1I. 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 and Petition for Tax Incentives 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 BI. 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 five (5) years as shown by the attachment pursuant to Indiana Code 6-1.1- 12.1 -17; 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. 29 REGULAR MEETING APRIL 14, 2014 SECTION VII. This Resolution shall be in full force and e e from and r its adoption by the Common Council and approval by the Mayyr�,�� File" , ;irA) �J , �g't014 i � PRESENTED L{ -1 �f 1 "'iy �:... u'Y CE.en„ JJ dSEND, IN NOT APPROYM `. J,DOPTEM'o L t — t l"t f Councilmember Gavin Ferlic, Chairperson, Community Investments met and sends bill 14 -34 to the full Council favorably. 30 REGULAR MEETING APRIL 14, 2014 Councilmember Henry Davis Jr. made a motion to combine bill 14 -34 and bill 14 -35, but vote separately for each one. Councilmember Schey seconded the motion, which carried forward by a voice vote of nine (9) ayes. BILL NO. 14 -35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2115 WEST WESTERN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO -YEAR (2) REAL PROPERTY TAX ABATEMENT FOR VIDA REALTY, LLC 31 REGULAR MEETING RESOLUTION NO. APRIL 14, 2014 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2115 West Western Avenue AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO -YEAR (2) REAL PROPERTY TAX ABATEMENT FOR Vida Realty, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1902 West Sample Street, South Bend, Indiana, and which is more particularly described as follows: Beg. 603.53' E of Inter of E Right of Way of Olive Street & N Right of Way of Western Avenue W %,NE' /, Sec 10 -37 -2E Cont Approx 6.622 Ac +- and which has Key Number 018 -4096- 358109, 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: 32 REGULAR MEETING APRIL 14, 2014 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 Real 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 annual amount for which similar buildings in the county were leased or rented or offered for lease or rent during the period the eligible vacant building was unoccupied is approximately in the amount of 5144,600. SECTION III. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of two (2) 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 die Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seo SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. PRESENTED q -1.b✓( I NOT APPROVED Filed in Cleric's Office 1 — tPR 2 3 2014 L dor rc V- )V',oh CIT YCLER[t. 31sjlw m SEND, IN 33 REGULAR MEETING APRIL 14, 2014 Councilmember Gavin Ferlic, Chairperson, Community Investments met and sends bill 14 -35 to the full Council favorably. Chris Gillman- Office on 14" floor of this building- you have two resolutions the first we were able to move here to take advantage of the city incentives. Total taxes to be paid would be $7, 590 for the two years, total taxes to be abated $13,187, jobs created 13. At the other plant, planning to invest approximately $620,000 in personal property. Total taxes to be abated $25, 229, total taxes to be paid $28, 094, and 13 jobs, which average wage of $19. 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 Resolution, Councilmember Dieter made a motion to adopt bill 14 -34. Councilmember Schey seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Dr. Ferlic made a motion to adopt bill 14 -35. Councilmember Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 14 -36 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 1902 WEST SAMPLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LIPPERT COMPONENTS MANUFACTURING INC. 34 REGULAR MEETING RESOLUTION NO. `3 -i / APRIL 14, 2014 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WPPHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1902 WEST SAMPLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LIPPERT COMPONENTS MANUFACTURING INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Cleric for consideration by the Common Council of the City of South Bend Indiana, requesting that the area commonly known as 1902 West Sample Street, South Bend, Indiana, and which is more particularly described as follows: Lot I Project X Minor Sub 03.04 New Replat TR 5162 -7.18 -2002 and which has Key Numbers 71 -018- 09041 -00 , be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1 -12.1 et sue., and South Bend Municipal Code Sections 2 -76 et see., 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 sq., and South Bend Municipal Code Sections 2 -76, at sue., 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: 35 REGULAR MEETING APRIL 14, 2014 SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et sec., 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 1I. 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 A.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. 36 REGULAR MEETING APRIL 14, 2014 SECTION V11. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PKFSEN70 kA— NOT APPr70.W9 woop 4-4 +4 Filed In GP^ - `:. (flee E fl � - X414 crw" ,,a, IN 37 REGULAR MEETING APRIL 14, 2014 Councilmember Gavin Ferlic, Chairperson, Community Investments met and sends bill 14 -35 to the full Council favorably. Chris Fielding- Office on 14" floor of this building- Lippert is looking to invest $2.2 million in equipment machinery, for the purposes of manufacturing and distribution. Total taxes to be paid over a 5 year period $58,907, total taxes to be abated over a five -year period $58,999, jobs created over the next year 180, total jobs over the next 10 years, 300. 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 Resolution, Councilmember Henry Davis made a motion to adopt bill 14 -36. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 14 -37 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 2014 PURSUANT TO SECTION 4 - 51 OF THE SOUTH BEND MUNICIPAL CODE 01 REGULAR MEETING Bill No. RESOLUTION NO. � 3 q4 _1 V APRIL 14, 2014 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 2014 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 April 9, 2014 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: A -1 Auto Parts - 2014 S. Lafayette Blvd. Alternative Two LLC- 700 W. Chippewa Gertrude Street Metal - 3700 Gertrude St. Indiana Auto Parts - 3300 S. Main St. LKO Auto Parts- 1602 S. Lafayette Blvd. Omni -Source Corp. - 1305 Prairie Ave. Republic Service of Indiana LP- 2500 Green tech Dr_ Schrock Aggregate Inc. - 1702 N. Bendix Dr. Steve & Gene's- 3109 Gertrude St. Treadstone LLC- 445 N. Sheridan St. US Scrap LLC -2500 Greentech Dr. (Lot 4) US Scrap LLC -1420 S. Walnut St. (ACME) US Scrap /SB Bailing -1420 S. Walnut St. US Scrap & Recycling- 1610 Circle Ave. US Scrap & Recycling- 1700 W. Washington St. US Scrap & Recycling- 2014 -2016 W. Washington St. Have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, and Recycling Operations Licenses for the year 2014. 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: 39 REGULAR MEETING Section I. The license applications for the following businesses: A -1 Auto Parts- 2014 S. Lafayette Blvd. Alternative Two LLC- 700 W. Chippewa Gertrude Street Metal- 3700 S. Gertrude St. Indiana Auto Parts- 3300 S. Main St. LKQ Auto Parts -1602 S. Lafayette Blvd. Omni - Source Corp- 1305 Prairie Ave. Republic Service of Indiana LP- 2500 Greentech Dr. Schrock Aggregate Inc. - 1702 N. Bendix Dr. Steve & Gene's- 3109 Gertrude St. Treadstane LLC - 445 N. Sheridan St. US Scrap LLC -2500 Greentech Dr. (Lot 4) US Scrap LLC -1420 S. Walnut St. US Scrap /SB Bailing -1420 S. Walnut St (ACME) US Scrap & Recycling -1610 Circle Ave. US Scrap & Recycling- 1700 W. Washington St. US Scrap & Recycling- 2014/2016 W. Washington St. APRIL 14, 2014 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 April 9, 2014. Section II. This Resolution shall be the Council and approval by the Ma PRESENTED l`l '4_4 I NOT APPROVED [ ADOPTED '` — t 4 T by ,-sled In Clerk's Office = -9 JOHN VOORDE CIiY CLENI(, SOUTH BEND, V Councilmember White, Chairperson, Personnel and Finance Committee met and sends bill 14 -35 to the full Council favorably. 40 REGULAR MEETING APRIL 14, 2014 City Clerk Voorde- this is annual process that we go through the recommendation to issue licenses 16 businesses applied for licenses this year that the requirements approved with inspection reports on file. 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 Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Oliver Davis made a motion that 14 -38 for rules to be read on the floor. Sole moved by Dieter, seconded by Scott which carried forward by a voice vote of nine (9) ayes. BILL NO. 14 -38 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL IN ADDRESSING AN ADVISORY CITY NEGOTIATING TEAM FOR THE 2014 FIRE DEPARTMENT AND POLICE DEPARTMENT NEGOTIONATION Councilmember Dieter, I ask the Council to approve appointing Kathleen Cekanski- Farrand as the agent and chief negotiator for the upcoming negotiations from the fire and police department. 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 Resolution, Councilmember Dr. Ferlic 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. 1l III I F.` > S I 11'All 0 : � I l\ 1110 [oil BILL NO. 26 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE BY INCLUDING NEW SECTION 9 -30 ENTITLED LIMITED FEE EMPTIONS FOR EMERGENCIES INVOLVING LOCAL UNITS OF GOVERNMENT GOVERNED BY MUTUAL AID AGREEMENT This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee for Second and Third Reading on April 28, 2014. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 27 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1022 20TH STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. 41 REGULAR MEETING APRIL 14, 2014 BILL NO. 28 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 605 NORTH HICKORY ROAD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Mr. Ferlic made a motion to refer this bill to the Area Plan Commission. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 29 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING VARIOUS CITY DEPAR'T'MENTS TO ACCEPT PAYMENTS BY CERTAIN FINANCIAL INSTRUMENTS INCLUDING BANK CARD AND CREDIT CARD AND TO AUTHORIZE FEE AND ESTABLISH PROCEDURES FOR SUCH USAGE This bill had fast reading. Councilmember Mr. Ferlic made a motion to refer this bill to the Personnel and Finance Committee for Public Hearing, Second and Third Reading on April 28, 2014. Councilmember Dr. Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 30 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1707 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Scott made a motion to send this to the Area Plan Commission. Councilmember Dieter seconded the motion, which was carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS Councilmember Henry Davis, I want to thank the Council and the Parks Department we had the opportunity to go to the new refurbished recreation center. This started with a resolution was coupled with their resolution and a name was given for that field. They had their first game on that field, I just want to thank you for your support for getting that done. Councilmember Scott we assumed to memo's to the Tull Council in regards to the privilege of the floor one had to do with the complaint of former Chief Hurley, now the city is waiting to get their own documentation, Council Attorney Kathy Farrand, the matter is still under investigation by a third party. Council President Oliver Davis we want to take a moment that one of our city employers, Jeff Gibney passed away at 8:54 pm we ask that you keep their family lifted in prayer. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS ON THE VIOLENCE IN THE CITY Jesse Davis- P.O. BOX 10205- I'm here talk about the violence in our city. I sat in on a meeting and found it funny and alarming that there was 41 shootings in one weekend. There were approximately units on the 19 street and of those how many are on duty, and who is on the street? I got calls that there are police just sitting in parking lots, if you are going to bum fuel 42 REGULAR MEETING APRIL 14, 2014 anyway shouldn't you burn your fuel in a neighborhood that you're supposed to be in and make your presence known. Police Officers shouldn't be idle. Andrew Brown- Citizens United for Better Government- I'm speaking on behalf of the violence in our city. A lot of these kids it is not as easy to stop them as we don't have any connections with them, we cannot give up them. We need to get some concrete ideas on how we can come together. We have a group of kids at the Robertson center, these kids are 12 years old, are these kids really safe? Keep working on these things. Henry James- 18739- to continue what Mr. Brown was saying I hope that you support these centers and parks, the violence has to stop. I was able to stop a violent situation as I heard arguing and was able to prevent guns from being fired as the police was already there. If you hear noise call. On a different note you can put up a stop clock so we can see it so we know how much time we have left when speaking. We should update the technology for our city Council. Councilmember Dr. Ferlic- you can talk to Tim Scott about those issues. ADJOURNMENT There being no further business to come before the Council, President Oliver Davis adjourned the meeting at 8:53 p.m. ATTEST: ATTEST: John Voorde, City Clerk Oliver Davis, President 43