HomeMy WebLinkAbout05-09-11 Common Council Meeting Minutes
REGULAR MEETING MAY 9, 2011
Be it remembered that the Common Council of the City of South Bend, Indiana met in
the Council Chambers of the County-City Building on Monday, May 9, 2011 at 7:00 p.m.
The meeting was called to order by Council President Dieter and the Invocation and
Pledge to the Flag were given.
ROLL CALL
COUNCILMEMBERS:
Present: Derek D. Dieter 1st District, President
Thomas LaFountain 3rd District
Henry Davis, Jr. 2nd District
Ann Puzzello 4th District
David Varner 5th District
Oliver Davis 6th District, Vice-President
Al “Buddy” Kirsits At-Large
Timothy Rouse At-Large, Chairperson Committee of the Whole
Karen L. White At-Large
OTHERS PRESENT:
Kathleen Cekanski-Farrand Council Attorney
John Voorde City Clerk
Janice I. Talboom Deputy City Clerk
Mary Beth Wisniewski Chief Deputy
REPORT FROM THE SUB-COMMITTEE ON MINUTES
To the Common Council of the City of South Bend: The sub-committee has inspected
the minutes of the April 25, 2011 Meeting of the Council and found them to be correct.
Therefore, we recommend the same be approved.
s/Derek D. Dieter
s/David Varner
Councilmember White made a motion that the minutes of the April 25, 2011 Meeting of
the Council be accepted and placed on file. Councilmember Varner seconded the motion
which carried by a voice vote of nine (9) ayes.
SPECIAL BUSINESS
RESOLUTION NO. 4098-11 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
HONORING ALL POLICE OFFICERS KILLED
IN THE LINE OF DUTY AND DECLARING
MAY 20, 2011 AS A DAY OF REMEMBRANCE
AND DEDICATION TO ALL SOUTH BEND
POLICE OFFICERS
,
Whereas in 2010, law enforcement officers who died in the line of duty spiked to
162, reflecting an increase of 40% from the previous calendar year, with 39 of the 50
states experiencing losses within their police departments; and
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REGULAR MEETING MAY 9, 2011
,
Whereas tragically, the average age of officers killed was 41; the average length
of service on the department was 12 years; with such officers overall leaving behind a
spouse and two children; and
,
Whereas the South Bend Common Council further recognizes that on Friday,
May 20, 2011 at 8:00 p.m. the Fraternal Order of Police, Lodge # 36 will hold their
annual tribute and memorial service at our Police Department Headquarters, to honor all
of the South Bend Police Department Officers who have given their lives in the line of
duty.
On behalf of a very grateful South Bend Community, we honor these very special police
officers:
Hans Brandt Paul R. Deguch Lewis Keller Delbert Thompson
Fred E. Buland Charles E. Farkas, Sr. Neil McIntyre Lloyd Thompson
Oscar Christenson Thomas J. DeRue, Sr. Nick S. Polizzotto Howard Wagner
Samuel Cooper Ronald St. Germain, Sr. Scott Lee Severns
The Common Council rededicates itself to assisting the families and friends of each of
our fallen officers in helping their families rebuild their lives & assisting their fellow
officers serving on the South Bend Police Department today.
Now, Therefore, be it resolved, by the Common Council of the City of
,
South Bend, Indiana as follows:
Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the
Common Council hereby publicly commemorates and gratefully honors each of the
fifteen (15) members of the South Bend Police Department who made the ultimate
sacrifice while serving and protecting the residents of the City of South Bend, Indiana.
Section II. The South Bend Common Council honors each of our fifteen fallen
police heroes who each have had their 10-42 called out; all of the fallen law enforcement
officers across the country, and all of their families, friends and colleagues who have
been left behind; not because of the way each of them died, but rather because of the way
each of these dedicated police officers lived and performed their daily police duties.
Section III. The Common Council hereby declares May 20 – May 31st, asLaw
Enforcement Memorial Week in South Bend, Indiana. The Common Council urges all
citizens to remember those who have given their lives while serving as part of the “thin
blue line” standing between the lawful and the lawless. The Council encourages
everyone to honor our fallen heroes by attending the Memorial Service sponsored by the
men and women of the Fraternal Order of Police Lodge # 36 on Friday, May 20, 2011 at
8 p.m.at the South Bend Police Station
Section IV. This Resolution shall be in full force and effect from and after its
adoption by the Council and approval by the Mayor.
st
s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large
nd
s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large
rd
s/Thomas LaFountain, 3 District s/Karen L. White, At-Large
th
s/Ann Puzzello, 4 District
th
s/Dr. David Varner, 5 District
th
s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney
th
Attest: Adopted this 9 day of May, 2011
s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend
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REGULAR MEETING MAY 9, 2011
Councilmember Puzzello, 1247 E. LaSalle Avenue, South Bend, Indiana, made the
presentation for this Resolution by first offering her comments and then reading the
Resolution in its entirety and presenting it to the Chief Jeffery Walters, Captain Steve
Richmond and Cpl. James Taylor, President, F.O.P. #36
A Public Hearing was held on the Resolution at this time.
There was no one present wishing to speak to the Council either in favor of or in
opposition to this Resolution.
Jeffery Walters, Uniform Division Chief, South Bend Police Department, 701 W. Sample
Street, South Bend, Indiana, stated that he was speaking on behalf of Police Chief Darryl
Boykins who was out of town and unable to attend this evening. Chief Walters stated
that he speaks as a voice for those no longer walking amongst them, the fifteen men who
gave their lives in protection of their community. The choice of these heroic men to live
for their community was made with the understanding that they could die for it too.
Their choice reminds us of just how brave and remarkable they were. Since the first
recorded line of duty death in 1792, nearly 19,000 law enforcement officers have made
the ultimate sacrifice. In the past ten years the nation has averaged one officer death
every 53 hours. This year alone over 65 officers have already given their lives, 31 of
those killed by gun fire. Year to date compared to last year the nation has experienced an
8% increase in the number of line of duty deaths, unwelcomed new for certain. Chief
Walters stated that what we as a community must do is to honor these brave men and
their families and to never forget the sacrifices they made. The work that they loved and
the service that was the center of their lives will continue. Their sacrifice and the great
loss that the community has felt will be honored by a city that has been and will continue
to be strengthened by their example.
Cpl. James Taylor, President, F.O.P. #36, thanked the Council on behalf of the member
of Lodge #36 for this honor. He invited everyone to attend the Memorial Service
sponsored by the men and women of the Fraternal Order of Police Lodge #36 on Friday,
May, 20, 2011 at 8:00 p.m. at the South Bend Police Department, 701 W. Sample Street.
Councilmember Kirsits thanked the South Bend Police Department for all they do.
Councilmember Varner made a motion to adopt this Resolution by acclamation.
Councilmember Oliver Davis seconded the motion which carried.
RESOLUTION NO. 4099-11 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, IN
SUPPORT OF COMMUNITY-WIDE PUBLIC,
EDUCATIONAL AND GOVERNMENTAL (PEG)
BROADCASTING FOR SOUTH BEND,
MISHAWAKA AND ST. JOSEPH COUNTY
,
Whereas in 2006, the Indiana state law changed the way in which cable television
companies and new video service providers receive authority to do business in Indiana;
and
,
Whereas prior to 2006, Indiana cable companies negotiated franchise agreements
with local governmental units [cities, towns counties]; however effective July 1, 2006,
the state law shifted this franchising authority to the Indiana Utility Regulatory
Commission (IURC); and
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REGULAR MEETING MAY 9, 2011
,
Whereas the IURC enforces the Federal Communications Commission’s (FCC’s)
cable service standards at the state level and the State of Indiana operates and maintains a
website which provides information provided by the Indiana Office of Utility Consumer
Counselor; and
,
Whereas the Common Council recognizes that cable companies who were
operating under local franchise agreements already in effect on July 1, 2006 with cities,
towns and counties, are permitted to continue to operate under those agreements and pay
franchise fees to each community until such agreements expire, with IURC approval
being required thereafter;
,
Whereas the Common Council further recognizes that the City of South Bend
has a franchise agreement with Comcast which expires on December 31, 2013, and that
pursuant to that agreement South Bend receives a sum equal to five percent (5%) of the
th
gross revenues with payments to the city being made semi-annually on April 15 and
th
October 15. The City of South Bend also receives franchise fees from AT & T which
began in 2009, as a result of IURC approval.
Now, Therefore, be it resolved, by the Common Council of the City of South Bend,
,
Indiana as follows:
Section I. The South Bend Common Council stands ready to help support
community-wide public access television, especially since such services have been
curtailed since Comcast notified South Bend, Mishawaka, Plymouth, Goshen, Hammond,
Merrillville and Portage that they would be closing production studios and playback
facilities for public access television in December of 2007.
Section II. The South Bend Common Council supports public access television
which would broadcast public, educational and governmental programming. The Council
believes that this should be a project undertaken by South Bend, Mishawaka, and St.
Joseph County with the cooperative support of the private sector for the betterment of
providing information and services.
Section III. This Resolution shall be in full force and effect from and after its
adoption by the Council and approval by the Mayor; with copies being sent thereafter to
the administrative and legislative leaders in Mishawaka and St. Joseph County to help
foster meaningful discussions.
st
s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large
nd
s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large
rd
s/Thomas LaFountain, 3 District s/Karen L. White, At-Large
th
s/Ann Puzzello, 4 District
th
s/Dr. David Varner, 5 District
th
s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney
th
Attest: Adopted this 9 day of May, 2011
s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend
Councilmember David Varner, 1306 Clayton Drive, South Bend, Indiana, made the
presentation for this bill. Councilmember Varner advised that he did not have his reading
glasses with him and asked City Clerk John Voorde to read the resolution in its entirety.
Councilmember Varner advised that this bill is proposed to help initiate cooperative
support among public and private leaders in South Bend, Mishawaka, and St. Joseph
County on developing community access television services for our residents. He stated
that in December of 2007, Comcast closed their production studios and playback
facilities for public access television. However, Comcast continues to pay franchise fees
to cities, towns and counties which had franchising agreements in effect before the
Indiana state law changed the franchising authority form them to the Indiana Utility
Regulatory Commission (IURC). He noted that the “City of South Bend 2010 City and
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REGULAR MEETING MAY 9, 2011
Town Annual Report” filed with the Office of the City Clerk on February 24, 2011,
reported “Cable TV Receipts/Cable TV Franchise” received by the City of South Bend
was $817,023 in 2010, which reflects the revenues paid by Comcast and AT&T to the
city. He noted that the Council’s Information and Technology Committee, which he
chairs has had numerous discussions on this topic. Councilmember Varner advised that
cooperative efforts between other governmental units who receive franchise revenues,
and other entities should be pursued. He noted that currently, public access television
programming is taking place in Bloomington, Connersville, Fort Wayne, Indianapolis,
Michigan City, Muncie and Richmond. Councilmember Varner stated that he is seeking
support so that meaningful dialogue may begin prior to the governmental budgetary
process.
A Public Hearing was held on the Resolution at this time.
The following individuals spoke in favor of this bill.
Carol Davis, 1631 Lincolnway East, South Bend, Indiana, stated that she has always been
in favor of continuing cable access even though their program was taken off the air as a
result. However, when it comes to airing council meetings both city and county that
something that needs to be done along with some of the departmental meetings such as
Redevelopment. She reiterated that she is in favor of this and offered her help in trying to
encourage St. Joseph County and the City of Mishawaka to get involved. She looked
forward to getting this done.
George Lane, CEO, Chairman, Citizens for Accountability, Inc., 2405 Division,
Mishawka, Indiana. He thanked and congratulated the Council on their hard work in
getting this Resolution to fruition. He especially thanked Councilmember Varner,
Chairperson, Information and Technology Committee for his continued support,
dedication and commitment of Community-Wide Public Access Broadcasting.
Mary Press, President, WNIT Television, South Bend, Indiana, thanked the Council for
this opportunity to be of service to the citizens of South Bend and St. Joseph County and
to acknowledge and affirm that WNIT is ready to work with the Council to make sure
that this kind of channel is managed well and professionally and is available to everyone
in the County.
Angel Hernandez, Vice-President of Production, WNIT, South Bend, Indiana, confirmed
everything that Ms. Press stated. He stated that public access is a great community
service. It is a way that the community can express itself, it democracy at it’s best,
people get an opportunity to actually experience a broadcasting opportunity and see what
television is all about and at the same time present their cause and some of the great
things that need to be voiced. He thanked the Council for their acknowledgment and for
their wisdom in making this happen.
Peter Helland, 751 W. Ewing Avenue, South Bend, Indiana, President, Public Access
Michiana, stated that he is encouraged that the Council is going forward with this
Resolution. He stated that he hopes that Public Access Michiana will be kept in the loop
because they want to be involved.
Councilmember Rouse made a motion to adopt this Resolution. Councilmember Kirsits
seconded the motion which carried and the Resolution was adopted by a roll call vote of
nine (9) ayes.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:24 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee
of the Whole. Councilmember White seconded the motion which carried by a voice vote
of nine (9) ayes. Councilmember Rouse, Chairperson, presiding.
Councilmember Rouse explained the procedures to be followed for tonight’s meeting in
accordance with Article 1, Section 2-11 of the South Bend Municipal Code.
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REGULAR MEETING MAY 9, 2011
Councilmember Rouse stated that a brochure may be found on the railing in the Council
Chambers explaining those procedures.
PUBLIC HEARINGS
BILL NO.13-11 PUBLIC HEARING ON A BILL AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED IN THE 400 BLOCK OF NORTH
NOTRE DAME AVENUE, SOUTH BEND,
INDIANA 46617, COUNCILMANIC DISTRICT
NO. 4, IN THE CITY OF SOUTH BEND,
INDIANA
Councilmember Oliver Davis made a motion to continue this bill until the May 23, 2011
meeting at the request of the petitioner. Councilmember Kirsits seconded the motion
which carried by a voice vote of nine (9) ayes.
BILL NO. 14-11 PUBLIC HEARING ON A BILL TO VACATE
THE FOLLOWING DESCRIBED PROPERTY:
THE ALLEYS TO BE VACATED ARE
DESCRIBED AS: THE FIRST EAST-WEST
ALLEY SOUTH OF CEDAR STREET BETWEEN
HILL STREET AND ST. LOUIS BLVD.
(APPROX. 344 FT.) THE FIRST NORTH-SOUTH
ALLEY EAST OF HILL STREET BETWEEN
CEDAR STREET AND MADISON STREET
(APPROX. 410 FT.)
Councilmember Kirsits made a motion to continue this bill until the May 23, 2011
meeting at the request of the petitioner. Councilmember Oliver Davis seconded the
motion which carried by a voice vote of nine (9) ayes.
RISE AND REPORT
Councilmember Kirsits made a motion to rise and report to the full Council.
Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine
(9) ayes.
ATTEST: ATTEST:
_________________________ _________________________
John Voorde, City Clerk Timothy A. Rouse, Chairperson
Committee of the Whole
REGULAR MEETING RECONVENED
Be it remembered that the Common Council of the City of South Bend reconvened in the
Council Chambers on the fourth floor of the County-City Building at 7:25 p.m. President
Derek D. Dieter presided with nine (9) members present.
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REGULAR MEETING MAY 9, 2011
BILLS – THIRD READING
There were no bills for third reading at this time.
RESOLUTIONS
BILL NO. 11-28 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS FOR THE
PROPERTY LOCATED AT 700 WEST IRELAND
ROAD, SOUTH BEND, IN 46614
Councilmember Puzzello made a motion to continue this bill until the May 23, 2011
meeting of the Council. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of nine (9) ayes.
BILL NO. 11-29 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS FOR THE
PROPERTY LOCATED AT 1201 CAMPEAU
Councilmember Rouse made a motion to strike this bill from consideration at the request
of the petitioner. Councilmember Kirsits seconded the motion which carried by a voice
vote of nine (9) ayes.
BILL NO. 11-30 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS FOR THE
PROPERTY LOCATED AT 1019 TALBOT
AVENUE AND 1023 TALBOT AVENUE,
SOUTH BEND, IN 46617
Councilmember Kirsits made a motion to continue this bill until the May 23, 2011
meeting of the Council. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of nine (9) ayes.
BILL NO. 11-34 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND
DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS 1710 NORTH
SHERIDAN STREET AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF
A SEVEN (7) YEAR REAL PROPERTY TAX
ABATEMENT FOR HOOSIER TANK AND
MANUFACTURING, INCORPORATED
BILL NO. 11-35 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND
DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS 1710 NORTH
SHERIDAN STREET AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF
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REGULAR MEETING MAY 9, 2011
A (5) FIVE-YEAR PERSONAL PROPERTY TAX
ABATEMENT FOR HOOSIER TANK AND
MANUFACTURING, INCORPORATED
Councilmember White made a motion to combine these bills for purposes of Public
Hearing. Councilmember Varner seconded the motion which carried by a voice vote of
eight (8) ayes.
RESOLUTION NO. 4100-11 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND
DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS 1710 NORTH
SHERIDAN STREET AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF
A SEVEN (7) YEAR REAL PROPERTY TAX
ABATEMENT FOR HOOSIER TANK AND
MANUFACTURING, INCORPORATED
WHEREAS, a petition for real property tax abatement has been filed with the City
Clerk for consideration by the Common Council of the City of South Bend, Indiana
requesting that the area commonly known as 1710 North Sheridan Street, South Bend,
Indiana, and which is more particularly described as follows:
Parcel of land beginning approximately 889.84 feet south and 40 feet east
of NW ¼ SE ¼ and known as Gibbs Wire and Steel Company, Inc. minor
sub section 33-38-2E cont appx AC
and which has Key Number 018-2184-693803, be designated as an Economic
Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South
Bend Municipal Code Sections 2-76 et seq., and;
WHEREAS, the Department of Community and Economic Development has
concluded an investigation and prepared a report with information sufficient for the
Common Council to determine that the area qualifies as an Economic Revitalization Area
under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76,
et seq., and has further prepared maps and plats showing the boundaries and such other
information regarding the area in question as required by law; and
WHEREAS, the Community and Economic Development Committee of the
Common Council has reviewed said report and recommended to the Common Council
that the area qualifies as an Economic Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the Petition for
Real Property Tax Abatement and the Statement of Benefits form completed by the
Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds the following:
A. That the description of the proposed redevelopment or rehabilitation meets
the applicable standards for such development;
B. That the estimate of the value of the redevelopment or rehabilitation is
reasonable for projects of this nature;
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REGULAR MEETING MAY 9, 2011
C. That the estimate of the number of individuals who will be employed or
whose employment will be retained by the Petitioner can reasonably be expected to result
from the proposed described redevelopment or rehabilitation;
D. That the estimate of the annual salaries of those individuals who will be
employed or whose employment will be retained by the Petitioner can be reasonably
expected to result from the proposed redevelopment or rehabilitation;
E. That the other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed described redevelopment or
rehabilitation; and
F. That the totality of benefits is sufficient to justify the requested deduction,
all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3.
SECTION III. The Common Council hereby determines and finds that the proposed
described redevelopment or rehabilitation can be reasonably expected to yield benefits
identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real
Property Tax Abatement Consideration and the Memorandum of Agreement between the
Petitioner and the City of South Bend, and that the Statement of Benefits form completed
by the petitioner, said form being prescribed by the State Board of Accounts, are
sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3.
SECTION IV. The Common Council hereby accepts the report and recommendation of
the Community and Economic Development Committee that the area herein described be
designated as an Economic Revitalization Area and hereby adopts a Resolution
designating this area as an Economic Revitalization Area for purposes of real property
tax abatement.
SECTION V. The designation as an Economic Revitalization Area shall be limited to
two (2) calendar years from the date of the adoption of this Resolution by the Common
Council.
SECTION VI. The Common Council hereby determines that the property owner is
qualified for and is granted property tax deduction for a period of up to seven (7) years.
SECTION VII. The Common Council directs the City Clerk to cause notice of the
adoption of this Declaratory Resolution for Real Property Tax Abatement to be published
pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication
providing notice of the public hearing before the Common Council on the proposed
confirming of said declaration.
SECTION VIII. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/Derek D. Dieter
Member of the Common Council
RESOLUTION NO. 4101-11 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND
DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS 1710 NORTH
SHERIDAN STREET AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF
A (5) FIVE-YEAR PERSONAL PROPERTY TAX
ABATEMENT FOR HOOSIER TANK AND
MANUFACTURING, INCORPORATED
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REGULAR MEETING MAY 9, 2011
WHEREAS, a petition for personal property tax abatement consideration has been
filed with the City Clerk for consideration by the Common Council of the City of South
Bend, Indiana, requesting that the area commonly known as 1710 North Sheridan Street,
South Bend, Indiana, and which is more particularly described as follows:
Parcel of land beginning approximately 889.84 feet south and 40 feet east
of NW ¼ SE ¼ and known as Gibbs Wire and Steel Company, Inc. minor
sub section 33-38-2E cont appx AC
and which has Tax Key Numbers 18-2184-693803 (Real Property) and 018-07522-00
(Personal Property) presently, be designated as an Economic Revitalization Area under
the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code
Sections 2-76 et seq., and;
WHEREAS, the Department of Community and Economic Development has
concluded an investigation and prepared a report with information sufficient for the
Common Council to determine that the area qualifies as an Economic Revitalization Area
under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et
seq., and has further prepared maps and plats showing the boundaries and such other
information regarding the area in question as required by law; and
WHEREAS, the Community and Economic Development Committee of the
Common Council has reviewed said report and recommended to the Common Council
that the area qualifies as an Economic Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds pursuant to Indiana
Code 6-1.1-12.1-4.5 et seq., that:
a. The estimate of the cost of the new manufacturing equipment is
reasonable for equipment of that type;
b. That the estimate of the number of individuals that will be employed or
whose employment will be retained by the Petitioner can reasonably be
expected to result from the proposed installation of new manufacturing
equipment;
c. That the estimate of the annual salaries of those individuals that will be
employed or whose employment will be retained by the Petitioner can be
reasonably expected to result from the proposed installation of new
manufacturing equipment;
d. Any other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed new
manufacturing equipment; and
e. The totality of benefits is sufficient to justify the deduction requested.
SECTION II. The Common Council hereby determines and finds that the proposed new
manufacturing equipment can be reasonably expected to yield the benefits identified in
the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal
Property Tax Abatement Consideration and that the Statement of Benefits form
completed by the petitioner, said form being prescribed by the State Board of Accounts,
are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5.
SECTION III. The Common Council hereby accepts the report and recommendation of
the Department of Community and Economic Development, and the Community and
Economic Development Committee's favorable recommendation, that the area herein
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REGULAR MEETING MAY 9, 2011
described be designated as an Economic Revitalization Area for purposes of personal
property tax abatement and hereby makes such a designation.
SECTION IV. The Common Council determines that such designation is for personal
property tax abatement only and shall be limited to two (2) calendar years from the date
of the adoption of this Resolution by the Common Council.
SECTION V. The Common Council hereby determines that the property owner is
qualified for and is granted property tax deduction for a period of five (5) years.
SECTION VI. The Common Council directs the City Clerk to cause notice of the
adoption of this Declaratory Resolution for Personal Property Tax Abatement to be
published pursuant to Indiana Code 5-3-1, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of said declaration.
SECTION VII. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/Derek D. Dieter
Member of the Common Council
Mr. Bill Welsh, Hoosier Tank and Manufacturing Incorporated, 1710 North Sheridan
Street, South Bend, Indiana, made the presentation for this bill.
Mr. Welsh advised that Hoosier Tank and Manufacturing is a manufacturer of air
pressure reservoirs for OEM truck and trailer manufactures domestically and
internationally. They perform metal forming, welding and painting operations required
for the manufacture of air pressure reservoirs. He stated that they are planning to
construct a 20,300 square foot to their existing building and install equipment for a new
production line. The addition will provide new shipping docks with a turnaround access
for six semitrailers, new warehouse space and a shipping area to accommodate their
customer’s shipping needs. The addition will free up manufacturing floor space and
allow the company to add machinery for a complete third production line which will
increase their production capacity by 25 percent. He noted that the equipment for the
production line includes a dust collector, air make up vent, new diameter tooling, leveler
for shear, laser cutter, roller, leak detection system, progressive strap bracket die, forklift,
washer, assembler, and an automated powder spray paint system. Mr. Welsh advised that
the cost of construction portion of the project is estimated at $760,000 and the equipment
is $1,175,000. The total project cost is estimated to be $1,935,000. Mr. Welsh stated that
the project will move the company’s truck dock to a better location that will eliminate a
major traffic obstruction due to trucks using the street for turning and backing up to the
current dock for deliveries. He stated that this project is something that Hoosier Tank has
been working with the City of South Bend for approximately two (2) years.
A Public Hearing was held on the Resolutions at this time.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this Resolution.
Councilmember Rouse made a motion to adopt Bill No. 11-34. Councilmember Oliver
Davis seconded the motion which carried and the Resolution was adopted by a roll call
vote of nine (9) ayes.
Councilmember Rouse made a motion to adopt Bill No. 11-35. Councilmember Oliver
Davis seconded the motion which carried and the Resolution was adopted by a roll call
vote of nine (9) ayes.
11
REGULAR MEETING MAY 9, 2011
BILL NO. 11-31 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING BOARD OF PUBLIC WORKS
RESOLUTION NO. 21-2011 REGARDING
BLOCK PARTY APPLICATIONS
Councilmember Varner made a motion to continue this bill until the May 23, 2011
meeting of the Council. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of nine (9) ayes.
BILLS – FIRST READING
BILL NO. 19-11 FIRST READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY:
LINCOLNWAY WEST FROM MAYFLOWER
ROAD EAST APPROXIMATELY 1,400 FEET
This bill had first reading. Councilmember Varner made a motion to refer this bill to the
Public Works and Property Vacation Committee and set it for Public Hearing and Third
Reading on May 23, 2011. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of nine (9) ayes.
BILL NO. 20-11 FIRST READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE
ALLEY TO BE VACATED IS THE FIRST
NORTH/SOUTH ALLEY EAST OF MICHIGAN
ST., FROM DAYTON ST. SOUTH TO THE
FIRST EAST/WEST ALLEY FOR A DISTANCE
OF 137 FEET AND A WIDTH OF 14 FEET
This bill had first reading. Councilmember Varner made a motion to refer this bill to the
Public Works and Property Vacation Committee and set it for Public Hearing and Third
Reading on May 23, 2011. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of nine (9) ayes.
BILL NO. 21-11 FIRST READING ON A BILL AMENDING THE
ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1507, 1513, 1517, 1521
SWYGART AND VACANT LOTS 246, 247 AND
249, COUNCILMANIC DISTRICT 6, IN THE
CITY OF SOUTH BEND, INDIANA
This bill had first reading. Councilmember White made a motion to refer this bill to the
Area Plan Commission. Councilmember Varner seconded the motion which carried by a
voice vote of nine (9) ayes.
BILL NO. 22-11 FIRST READING ON A BILL AMENDING THE
ZONING ORDINANCE FOR PROPERTY
LOCATED EAST OF AND ADJACENT TO 1710
SHERIDAN, COUNCILMANIC DISTRICT 1 IN
THE CITY OF SOUTH BEND, INDIANA
This bill had first reading. Councilmember White made a motion to refer this bill to the
Area Plan Commission. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of nine (9) ayes.
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REGULAR MEETING MAY 9, 2011
BILL NO. 23-11 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA APPROPRIATING $177,000
WITHIN PARKS & RECREATION FUND #201
FOR GRAFFITI REMOVAL ACTIVITIES
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Health and Public Safety and PARCS Committees and set it for Public Hearing and
Third Reading on May 23, 2011. Councilmember Oliver Davis seconded the motion
which carried by a voice vote of nine (9) ayes.
BILL NO. 24-11 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING $215,000
FROM THE MORRIS PERFORMING ARTS
CENTER IMPROVEMENT FUND (FUND 416)
FOR THE RENOVATION AND RESTORATION
OF WINDOWS, DOORS, RESTROOMS,
EXTERIOR NORTH WALL, AND ARCHITECT
& ENGINEERING FEES
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the PARCS Committee and set it for Public Hearing and Third Reading on May 23, 2011.
Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine
(9) ayes.
BILL NO. 25-11 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING $3,100
FROM THE MORRIS PERFORMING ARTS
CENTER AND PALAIS ROYALE MARKETING
FUND (FUND NUMBER 273) FOR PURCHASE
OF MORRIS PERFORMING ARTS CENTER
TICKET ENVELOPES
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the PARCS Committee and set it for Public Hearing and Third Reading on May 23, 2011.
Councilmember Varner seconded the motion which carried by a voice vote of nine (9)
ayes.
BILL NO. 26-11 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, CREATING A MORRIS
PERFORMING ARTS CENTER/PALAIS
ROYALE BALLROOM BOX OFFICE AGENCY
FUND (#725)
This bill had first reading. Councilmember Varner made a motion to refer this bill to the
PARCS Committee and set it for Public Hearing and Third Reading on May 23, 2011.
Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine
(9) ayes.
BILL NO. 27-11 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA APPROPRIATING $9,150,000
13
REGULAR MEETING MAY 9, 2011
FOR MAJOR CAPITAL INVESTMENT
PROJECTS IN 2011
This bill had first reading. Councilmember LaFountain made a motion to refer this bill to
the Personnel and Finance Committee and set it for Public Hearing and Third Reading on
June 13, 2011. Councilmember Oliver Davis seconded the motion which carried by a
voice vote of nine (9) ayes.
BILL NO. 28-11 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 17,
ARTICLE 2, DIVISIONS 1,3,4 AND 6 OF THE
SOUTH BEND MUNICIPAL CODE TO
INCORPORATE THE ENVIRONMENTAL
PROTECTION AGENCY (EPA)’S MODEL
PRETREATMENT ORDINANCE
This bill had first reading. Councilmember LaFountain made a motion to refer this bill to
the Utilities Committee and set it for Public Hearing and Third Reading on June 13,
2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote
of nine (9) ayes.
UNFINISHED BUSINESS
BILL NO. 18-11 A BILL OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
AMENDING VARIOUS ARTICLES AND
SECTIONS OF CHAPTER 6 OF THE SOUTH
BEND MUNICIPAL CODE PERTAINING TO
BUILDING FEES
Councilmember Puzzello made a motion to continue this bill until the July 11, 2011
meeting of the Council. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of nine (9) ayes.
BILL NO. 15-11 A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT
4124 OLD CLEVELAND RD, SOUTH BEND, IN
46628, COUNCILMANIC DISTRICT ONE (1) IN
THE CITY OF SOUTH BEND, INDIANA
Councilmember Varner made a motion to strike this bill from consideration at the request
of the petitioner. Councilmember Oliver Davis seconded the motion which carried by a
voice vote of nine (9) ayes.
BILL NO. 11-36 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS OF ST. JOSEPH
COUNTY, INDIANA FOR THE PROPERTIES
LOCATED AT (413 ST. LOUIS STREET, 417 ST.
LOUIS STREET, 425 ST. LOUIS STREET, 418
HILL STREET, 428 HILL STREET AND 420
HILL STREET, ALL IN SOUTH BEND,
INDIANA
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REGULAR MEETING MAY 9, 2011
BILL NO. 11-37 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS OF ST. JOSEPH
COUNTY, INDIANA FOR THE PROPERTIES
LOCATED AT (327 ST. LOUIS STREET, 333 ST.
LOUIS STREET, 325 ST. LOUIS STREET, AND
336 HILL STREET, ALL IN SOUTH BEND,
INDIANA
Councilmember Varner made a motion to refer Bill Nos. 11-36 and 11-17 to the Zoning
and Annexation Committee and set them for Public Hearing and Third Reading on May
23, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice
vote of nine (9) ayes.
NEW BUSINESS
Councilmember Oliver Davis stated that he is planning a tour of the new TRANSPO
facility.
PRIVILEGE OF THE FLOOR
There was no one present wishing to speak to the Council at this time.
ADJOURNMENT
There being no further business to come before the Council, President Derek D. Dieter
adjourned the meeting at 7:40 p.m.
ATTEST: ATTEST:
____________________________ ____________________________
John Voorde, City Clerk Derek D. Dieter, President
15