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HomeMy WebLinkAbout02-13-06 Council Meeting Minutes REGULAR MEETING FEBRUARY 13, 2006 Be it remembered that the Common Council of the City of South Bend, Indiana met at the Studebaker Museum, 201 S. Chapin Street, South Bend, Indiana, Monday, February 13, 2006 at 6:00 p.m. The meeting was called to order by Council President Timothy A. Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Derek D. Dieter 1 District nd Charlotte Pfeifer 2 District rd Roland Kelly 3 District Vice-President th Ann Puzzello 4 District th David Varner 5 District th Ervin Kuspa 6 District Timothy Rouse At-Large President Al “Buddy” Kirsits At-Large Karen L. White At-Large Chairperson, Committee of the Whole Absent: Al “Buddy” Kirsits At-Large OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney 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 January 23, 2006, meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember Puzzello made a motion that the minutes of the January 23, 2006, meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS ANNOUNCEMENT TO ACCEPT THE FORMAL FILING OF THE 2006 STANDING COMMITTEE MEMBERS OF THE SOUTH BEND COMMON COUNCIL Councilmember Dieter made a motion to accept the formal filing of the 2006 Standing Committee Members of the South Bend Common Council. Councilmember Varner seconded the motion, which carried by a voice vote of eight (8) ayes. 1 REGULAR MEETING FEBRUARY 13, 2006 2006 COMMON COUNCIL STANDING COMMITTEES COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE Roland Kelly, Chairperson Al”Buddy Kirsits, Member Ann Puzzello, Vice-Chairperson Ervin Kuspa, Member Martin Wolfson, Citizen Member COMMUNITY RELATIONS COMMITTEE Karen L. White, Chairperson Dr. David Varner, Member Derek Dieter, Vice-Chairperson Ann Puzzello, Member Michael J. Stack, Citizen Member COUNCIL RULES COMMITTEE Timothy Rouse, Chairperson Karen L. White, Member Dr. David Varner, Vice-Chairperson Roland Kelly, Member Ervin Kuspa, Member HEALTH AND PUBLIC SAFETY COMMITTEE Karen L. White, Chairperson Dr. David Varner, Member Ann Puzzello, Vice-Chairperson Ervin Kuspa, Member Christie M. McCully, Citizen Member INFORMATION AND TECHNOLOGY COMMITTEE Dr. David Varner, Chairperson Derek D. Dieter, Member Charlotte D. Pfeifer, Vice Chairperson Al “Buddy” Kirsits, Member Stephen M. Hayes, Citizen Member PARC (PARKS, RECREATION, CULTURAL ARTS & ENTERTAINMENT) Derek Dieter, Chairperson Ann Puzzello, Member Ervin Kuspa, Vice-Chairperson Al “Buddy” Kirsits, Member Charles A. Shock, Citizen Member PERSONNEL AND FINANCE COMMITTEE Charlotte D. Pfeifer, Chairperson Ervin Kuspa, Member Karen L. White, Vice-Chairperson Dr. David Varner, Member Nikki Hutchinson, Citizen Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Dr. David Varner, Chairperson Derek Dieter, Member Charlotte D. Pfeifer, Vice-Chairperson Ann Puzzello, Member Kurt Youngs, Citizen Member 2 REGULAR MEETING FEBRUARY 13, 2006 RESIDENTIAL NEIGHBORHOODS COMMITTEE Ann Puzzello, Chairperson Karen L. White, Member Derek Dieter, Vice-Chairperson Al “Buddy” Kirsits, Member Martha M. Lewis, Citizen Member UTILITIES COMMITTEE Al “Buddy” Kirsits, Chairperson Ann Puzzello, Member Ervin Kuspa, Vice-Chairperson Charlotte D. Pfeifer, Member Gene Pendl, Citizen Member ZONING AND ANNEXATION COMMITTEE Ervin Kuspa, Chairperson Derek D. Dieter, Member Al “Buddy” Kirsits, Vice-Chairperson Karen L. White, Member J. Edward Talley, Citizen Member SUB-COMMITTEE ON MINUTES Timothy Rouse, Chairperson Dr. David Varner, Vice-Chairperson MAYOR’S “STATE OF THE CITY ADDRESS” From 6:15 p.m. to 7:40 p.m., Mayor Stephen J. Luecke presented to the Council the annual State of the City Address. A written copy of the Mayor’s address is available in the City Clerk’s office and on the official City of South Bend website: www.SouthBendIN.gov RECESS Councilmember Dieter made a motion for a ten (10) minutes recess. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 8:00 p.m., Councilmember Kelly made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Committee of the Whole, 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 and that pamphlets were available to the pubic, which outline the Council rules and procedures, and are located on the table outside in the Studebaker Museum Atrium. PUBLIC HEARINGS BILL NO. 68-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #4, RICHARD & MARSHA PULLIN AND SHIRLEY COMBS, APPROXIMATELY 200 FEET EAST OF THE NORTHEAST CORNER OF S. R. #23 AND MCERLAIN STREET, SOUTH BEND, INDIANA 3 REGULAR MEETING FEBRUARY 13, 2006 Councilmember Dieter made a motion to continue this bill indefinitely as requested by the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of eight ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Kuspa seconded the motion which carried by voice vote of eight (8) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened at the Studebaker Museum at 8:01 p.m. Council President Timothy A. Rouse presided with eight (8) members present. BILLS – THIRD READING There were no bills for Third Reading at this time. RESOLUTIONS RESOLUTION NO. 3357-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 2105 MIAMI STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes it recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, THE South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has proved notice of the hearing on the Petition from the Zoning Board of Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at 2105 Miami Street, South Bend, Indiana 46613 in order to permit offsite parking. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy which is on file in the Office of the City Clerk. 4 REGULAR MEETING FEBRUARY 13, 2006 SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Don Fozo, Building Commissioner, 125 S. Lafayette Street, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Fozo advised that the petitioner Living Word Community Church is seeking a Special Exception for off-site parking, on property located at 2105 Miami Street, zoned “MU” Mixed Use. The Board of Zoning Appeals gave it a public hearing on January 19, 2006, and sends it to the South Bend Common Council with a favorable recommendation. Mr. Lloyd Decesaro, Pastor, Living Word Community Church, 2002 Miami Street, South Bend, Indiana, made the presentation for this bill. Mr. Decesaro advised that church is seeking a special exception to allow off site parking, and to reduce the required number of parking spaces from twenty-six (26) to twenty (20). A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3358-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 318 SOUTH KENMORE WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and 5 REGULAR MEETING FEBRUARY 13, 2006 WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes it recommendation to the Council pursuant to I.C. 36-7-4- 918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, THE South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has proved notice of the hearing on the Petition from the Zoning Board of Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at 318 South Kenmore in order to permit Office Site Parking. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03(i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this committee met on this substitute bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Don Fozo, Building Commissioner, 125 S. Lafayette Street, South Bend, Indiana, presented the report from the Board of Zoning Appeals. 6 REGULAR MEETING FEBRUARY 13, 2006 Mr. Fozo advised that the petitioner Laymen Chapel CME Church is seeking a special exception for off-site parking, on property located at 318 S. Kenmore Street, South Bend, Indiana. The Board of Zoning Appeals held a public hearing on January 19, 2006, and sends this bill to the South Bend Common Council with a favorable recommendation. Mr. Terrell Jackson, Pastor, Laymen Chapel Christian Methodist Episcopal Church, 303 South Kenmore Street, South Bend, Indiana, made the presentation for this bill. Mr. Jackson advised that the church is seeking a special exception for an offsite parking lot, and a variance from the required 6’ screening to a 3’ hedge for safety purpose. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this substituted Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3359-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6103 BRIDGETON LANE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DARRELL AND MARIANNE CHALSTROM WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and 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 6103 Bridgeton Lane, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Twenty (20) as shown on the recorded Plat of Kensington Farms East, P.U.D., Section Six, Part Two, recorded November 6, 1998 in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 9857462. , and this property has a Tax Key Number 023-1050-320104be designated as a Residentially Distressed 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 a Residentially Distressed 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 a Residentially Distressed 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 meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. 7 REGULAR MEETING FEBRUARY 13, 2006 SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1- 25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. 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. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. 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 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 8 REGULAR MEETING FEBRUARY 13, 2006 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 IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Darrell Chalstrom, 3111 N. Bayberry Ct., Warsaw, Indiana, made the presentation for this bill. Mr. Chalstrom advised that he and his wife are planning to construct a home approximately 2,006 square feet. Three (3) bedrooms, a sun room and a deck. The cost of the home will be approximately $205,500. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kuspa made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3360-06 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 917 NORTH SAINT PETER STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR BARBARA VIRGINIA SNIEGOWSKI REVOCABLE TRUST WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and 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 917 North Saint Peter Street, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered One Hundred Thirty-four (134) as shown on the recorded Plat of Sorin’s Second addition to the Town of Lowell, now within and a part of the City of South Bend. , and this property has Tax Key Numbers 018-5107-3762and 018-5107-3763be designated as a Residentially Distressed 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; 9 REGULAR MEETING FEBRUARY 13, 2006 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 a Residentially Distressed 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 a Residentially Distressed 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 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 that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings s; or for those dwelling B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1- 25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. 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. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. 10 REGULAR MEETING FEBRUARY 13, 2006 SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. 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 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 IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Donald Sniegowski, 1004 St. Vincent Street, South Bend, Indiana, made the presentation for this bill. Mr. Sniegowski advised that they are planning to construct a new single story home. The home will be approximately 2,000 square feet and have seven (7) rooms, 2 bathrooms and a full basement. The cost of the home will be approximately $250,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3361-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE INDIANA GENERAL ASSEMBLY TO PERMIT ALL INDIANA TOLL ROAD COMMUNITIES TO PARTICIPATE IN ECONOMIC DEVELOPMENT OPPORTUNITIES WHICH MAY RESULT FROM MEMBERSHIP IN A REGIONAL DEVELOPMENT AUTHORITY 11 REGULAR MEETING FEBRUARY 13, 2006 Whereas, the Common Council of the City of South Bend, Indiana, acknowledges that as a result of the legislative action of the Indiana General Assembly this session, new short and long-term economic development opportunities may be offered if the proposed “Major Moves” legislation becomes reality ; and Whereas, the Common Council recognizes that the Governor has proposed a 200-plus page lease agreement which would be authorized if the “Major Moves” bill is passed thereby leasing the Indiana Toll Road and creating public-private partnerships referred to as “P3” as a mechanism for financing large public works projects such as highways; and Whereas, the Common Council believes, that if the proposed state legislation and lease are determined to be in the best interests of the residents of Indiana, that ALL Toll Road counties should have the opportunity to benefit from grants and other economic development opportunities; noting that currently eighteen (18) states have such legislation in place which authorize the creation of such partnerships; and Whereas, the South Bend Common Council further believes, that ALL Toll Road counties should have the opportunity to participate in a regional development authority; if it is determined that such overall enabling state legislation is needed to curtail the projected $2.8 billion shortfall in addressing the state’s critical transportation needs over the next ten (10) years and if the proposed new funding mechanism is found to be in the best interests of Indiana and her residents. 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 acknowledges that the current version of House Bill No. 1008 is only patently unfair to St. Joseph and La Porte counties who are the Toll Road counties who would not be given the opportunity to participate in a regional development authority as currently proposed. Section II. The South Bend Common Council notes that St. Joseph County lies within the heartland of the manufacturing belt and metropolitan regions of the Upper Midwest and Canada. The City of South Bend is located just ten (10) miles south of the Michigan state line; is approximately ninety (90) miles east of the City of Chicago and is accessible via Interstate 80/90, the Indiana Toll Road. In light of South Bend’s proximity to Chicago, it has the largest rail and intermodal transfer point in the country which is vitally important to South Bend and St. Joseph County, Indiana, and need ongoing economic development tools to continue to be a viable and thriving area which creates st employment and economic opportunities needed in the 21 century. Section III. The South Bend Common Council believes that there is clear and convincing evidence that St. Joseph County, Indiana, truly is the economic engine in this geographic area of the state and that it is pivotally important that St. Joseph County be included along with ALL of the Toll Road counties to participate in a regional development authority mechanism, if such enabling legislation is passed by the Indiana General Assembly. The following statistics summarize some of key statistics which support our request: th The City of South Bend is the county seat of St. Joseph County; which is the 4 largest th city in the State of Indiana, with St. Joseph County being the 4 largest county in the State of Indiana of its 92 counties, with our area having a $4.36 billion buying income based on disposable income after taxes The South Bend Fire Department has provided vital public safety services to the Indiana Toll Road by contract, since September of 1985, which address hazardous materials spills and related incidents, and continues to provide such vital services which help ensure the safety of those using the Indiana Toll Road 12 REGULAR MEETING FEBRUARY 13, 2006 St. Joseph County has a diverse economic mix of employment opportunities which are instrumental and dependent on interstate commerce which utilize the Indiana Toll Road, as evidenced by the upcoming listing of largest employers in St. Joseph County, St. Joseph County has approximately 136,990 workers, with the largest employers being: University of Notre Dame 4,802 employees Memorial Health Systems: 3,493 employees South Bend Community School Corporation 3,303 employees Saint Joseph Regional Medical 2,935 employees The Diocese of Fort Wayne/South Bend 2,500 employees AM General 2,151 employees St. Joseph County 1,750 employees Martin’s Supermarkets 1,484 employees City of South Bend 1,400 employees Indiana University of South Bend 1,300 employees St. Joseph County, as well as La Porte County, should be included among ALL of the Toll Road counties which may benefit if the “Major Moves” legislation and its accompanying 75-year toll road lease, if it is determined by the Indiana General Assembly to be in the best interests of the Hoosier state. Section IV. The South Bend Common Council urges the Indiana General Assembly to incorporate appropriate amendments to assure that ALL toll road counties are included in the final version of such proposed legislation prior to a vote as to its ultimate disposition. To do otherwise, would be a disservice to the citizens and businesses of St. Joseph and La Porte Counties, and would negatively impact the overall vitality of this critical area of the State of Indiana. Section V . In light of the fact that time is of the essence on proposed legislation currently pending in the Indiana General Assembly, the South Bend Common Council directs the Office of the City Clerk to send a copy of this Resolution electronically, via facsimile and/or via mail, upon its adoption to the South Bend Common Council to the sponsors of the Major Moves proposed legislation in both the House and the Senate, to the Committees which have or plan to hold hearings on said legislation, as well as to each of the State Representatives and State Senators who represent a portion of the City of South Bend; with copies also being sent to the Commissioners of St. Joseph and La Porte Counties. Section VI. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District Attest: as to Legality: s/Kathleen Cekanski-Farrand, Council Attorney I, John Voorde, City Clerk of the City of South Bend, St. Joseph County, Indiana, hereby attest and certify that the Common Council of the City of South Bend, Indiana, th held a public hearing on this Resolution on the 13 day of February, 2006, and that it was adopted by a vote of eight (8) ayes. 13 REGULAR MEETING FEBRUARY 13, 2006 Attest: s/John Voorde, City Clerk Presented to me, Stephen J. Luecke, Mayor of the City of South Bend, Indiana, on th the 14 day of February , 2006, at 2:15 o’clock, p.m. s/Janice Talboom, Deputy Office of the City Clerk th Approved and signed by me on the 14 day of February 2006, at 2:25 o’clock, p.m. s/Stephen J. Luecke, Mayor City of South Bend, Indiana Councilmember Pfeifer made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Pfeifer, Chairperson, Personnel and Finance Committee, reported that this Committee held a joint meeting with the Public Works and Property Vacation Committee this afternoon and voted to send this substitute bill to the full Council with a favorable recommendation. Council President Timothy A. Rouse made the presentation for this bill. Council President Rouse advised that this is a substitute bill which addresses including St. Joseph County and La Porte County in the Regional Development Authorities (RDA) in the final version of proposed state legislation addressing the Indiana Toll Road. The only change included in this version is the addition of “by contract” in the first paragraph on page 2. The St. Joseph County Commissioners adopted Resolution No. RC-04-06 and it should be noted that the majority of this resolution which is being presented tonight became the basis of their resolution. A Public Hearing was held on the Resolution at this time. Councilmember Varner stated that this bill was written in a non-partisan fashion and therefore, he supports this bill. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember White made a motion to adopt this substituted Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS, FIRST READING 14 REGULAR MEETING FEBRUARY 13, 2006 BILL NO. 04-06 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1201 WEST WASHINGTON STREET, COUNCILMANIC DISTRICT NUMBER 2 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 05-06 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1040 AND 1102 WEST WASHINGTON STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 06-06 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 1045 WEST WASHINGTON STREET, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 07-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, JOHN ROY, 54670 WILLIS AVENUE, SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 08-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE 9561-05 WHICH ESTABLISHED A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND AMENDING CHAPTER 17, ARTICLE 4, SECTIONS 17-45 AND 17-46 OF THE SOUTH BEND MUNICIPAL CODE 15 REGULAR MEETING FEBRUARY 13, 2006 Councilmember Puzzello made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on February 27, 2006. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 09-06 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 929 LINCOLNWAY EAST, COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 10-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 6, KENDALL WEISS, LLP, 21000 BLOCK, SOUTH SIDE OF KERN ROAD Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing on March 27, 2006 and Third Reading on April 10, 2006. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 11-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2006 INCLUDING $6,000,000 FROM THE GENERAL FUND, $1,000,000 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $200,000 CUMULATIVE CAPITAL IMPROVEMENT FUND $600,000 EMERGENCY MEDICAL SERVICES, $3,592,000 FROM THE COUNTY OPTION INCOME TAX FUND, $250,000 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $100,000 MORRIS PERFORMING ARTS CENTER, $300,000 FROM THE PARKS AND RECREATION FUND, $300,000 FROM THE PARKS NON-REVERTING CAPITAL FUND, $200,000 FROM THE PARK RECREATION NON-REVERTING FUND, $32,000 FROM THE EAST RACE WATERWAY FUND, $3,146,000 FROM THE LOCAL ROADS AND STREETS FUND, $40,400 CONSOLIDATED BUILDING FUND, $1,696,438 FROM THE WATER WORKS DEPRECIATION FUND, AND $5,249,573 FROM THE SEWAGE WORKS DEPRECIATION FUND 16 REGULAR MEETING FEBRUARY 13, 2006 Councilmember Pfeifer made a motion to accept the substitute version of this bill as on file with the City Clerk, Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Pfeifer made a motion to refer this substitute bill to the Personnel and Finance Committee and Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on March 13, 2006. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS BILL NO. 92-05 ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1351 PYLE AVE., 1355 PYLE AVE., AND THE VACANT LOT ON THE SOUTHWEST CORNER OF PYLE AVE AND EDISON ROAD, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to accept the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 27, 2006. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. SWEARING-IN CEREMONY OF CITIZEN MEMBERS ON STANDING COMMITTEES Councilmember Rouse announced that the 2006 Citizen Members will be sworn-in on February 27, 2006, and a reception will be held prior to the Council meeting on Monday. Councilmember White thanked all of the applicants who applied for the positions available on the Standing Committees for 2006. She thanked the South Bend Tribune for printing the articles to get the public involved in the application process. Councilmember Rouse thanked City Clerk John Voorde and his staff for provided services to the applicants and Councilmembers. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 8:30 p.m. ATTEST: ATTEST: __________________________ __________________________ John Voorde, City Clerk Timothy A. Rouse, President 17