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HomeMy WebLinkAbout05-22-06 Council Meeting Minutes REGULAR MEETING MAY 22, 2006 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 22, 2006 at 7:00 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: Present: Derek D. Dieter 1st District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Vice-President Ann Puzzello 4th District David Varner 5th District Timothy Rouse At-Large President Al “Buddy” Kirsits At-Large Karen L. White At-Large Chairperson Committee of the Whole Al “Buddy” Kirsits At-Large Absent: Ervin Kuspa 6th District OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Aladean De Rose Assistant City 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 May 8, 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 May 8, 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 There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:35 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 seven (8) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. 1 REGULAR MEETING MAY 22, 2006 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 railing in the Council Chambers. PUBLIC HEARINGS BILL NO. 28-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 18, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES Councilmember Varner made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Pfeifer, Chairperson, Personnel & Finance Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Mr. Thomas Bodnar, Assistant City Attorney, 14 Floor County-City Building, made the presentation for this bill. Mr. Bodnar advised that this bill is an amendment to Chapter 2, Article 18 of the South Bend Municipal Code to Set and Adjust Fees for Documents and Services. The substitute version of this bill amends items 10, 13 and 21. In item 10 there is now a provision for a $2.00 service fee plus outside costs if the City must use outside resources to reproduce the videotapes. The Police Department will continue to process its videotapes when requested. However, the Department of Code Enforcement does not have the equipment to make their own videotapes to del with the infrequent requests. Mr. Bodnar stated that in Item 13 that IC 16-39-9-3 calls for a $15.00 minimum fee for producing EMS Reports. The substantial amount of time expended in connection with an EMS Report justifies the $15.00 fee. The one new item is item 21, a processing fee to be paid to the Police Department prior to the release of a tow. This fee will apply only in cases in which the Police Department initiates the tow, not those performed by Code Enforcement. It will not be imposed in those cases in which the car owner selects his own tow company after an accident. The amount does not reflect time at the scene, but the reimbursement for the cost of work done at the front desk, by the Police Department inspecting the storage lots, and in the communications center. 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 Kelly made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 29-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE HUMAN RIGHTS ORDINANCE BY THE INCLUSIONS OF NEW PROVISIONS ADDRESSING GENDER IDENTITY AND SEXUAL ORIENTATION 2 REGULAR MEETING MAY 22, 2006 Councilmember Puzzello made a motion that this bill will be set for Public Hearing and Third Reading at the next meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 31-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR AND/OR CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, TO MAKE TEMPORARY LOANS TO MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2005, AND COLLECTABLE IN THE YEAR 2006, AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON Councilmember Pfeifer, Chairperson, Personnel & Finance Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Ms. Catherine Fanello, City Controller, 14 Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Fanello advised that the City Administration has learned that due to delays in billing, the 2005 tax revenues usually payable by June 2006 will be delayed. Therefore, City accounts will be insufficient to meet budgeted and necessary expenses. Under these circumstances, which the City similarly experienced in the pas three fiscal years, Indiana Code Section 36-4-6-1 et seq. authorizes the City to borrow funds evidenced by temporary tax anticipation time warrants to meet ongoing expenses. The attached ordinance seeks Common Council approval of such a loan and the issuance of temporary tax anticipation time warrants. 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 Kelly made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Dieter made a motion to rise and report to the full Council. Councilmember Kelly seconded the motion which carried by voice vote of eight (8) ayes. 3 REGULAR MEETING MAY 22, 2006 ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:15 p.m. Council President Timothy A. Rouse presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9677-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 18, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9678-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR AND/OR CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, TO MAKE TEMPORARY LOANS TO MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2005, AND COLLECTABLE IN THE YEAR 2006, AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS 4 REGULAR MEETING MAY 22, 2006 RESOLUTION NO. 3590-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 915 NORTH NOTRE DAME AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR THOMAS AND SHANNON GUINAN WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 915 North Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: nd E ½ Lot 128 Sorin’s 2 Addition , and this property has Tax Key Number 018-5107-3782be 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, 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 a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby 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: A. 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: 5 REGULAR MEETING MAY 22, 2006 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. 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 Mr. Thomas Guinan , 50936 Stone Hill Court, Granger, Indiana, made the presentation for this bill. Mr. Guinan stated that he and his wife are planning to build a new home. The home will be approximately 2,800 square feet and have a basement. The cost of the home will be approximately $380,000. 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 Puzzello 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. 3591-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN 6 REGULAR MEETING MAY 22, 2006 AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 711 & 715 CALIFORNIA AVENUE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR NEAR NORTHWEST NEIGHBORHOOD, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 711/715 , California Avenue South Bend, Indiana, and which are more particularly described as follows: Tax lot numbered 13 in lot numbered 134 of the third plat of Shetterley Place, South Bend , and this property has Tax Key Numbers 18-1062-2664and18-1062-2665be 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, 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 a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby 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: A. 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 7 REGULAR MEETING MAY 22, 2006 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 Councils 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. 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 Ms. Karen Ainsley, Executive Director, Near Northwest Neighborhood, Inc., 1007 Portage Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Ainsley advised that the Near Northwest Neighborhood, Inc. is preparing to build a new single family, three bedroom home with a total of six rooms. It will contain 1,120 to 1,300 square feet and have a basement and an attached 20 x 22 sq. ft. garage. The cost of the home will be approximately $120,000. 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 White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes RESOLUTION NO. 3592-06 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 3425 WEST LATHROP DRIVE AN 8 REGULAR MEETING MAY 22, 2006 ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MCCORMICK & COMPANY 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 3425 West Lathrop Dr. South Bend, Indiana, and which is more particularly described as follows: 8.44 AC Tract; Mid PT S Side SE ¼ Beg 990’ W & 40’ N of SE Cor SE SEC 28-38-2E. and which has Key Number 025-1010-0403.01 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 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 9 REGULAR MEETING MAY 22, 2006 Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of 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/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. Norman Blanchard, 52181 Broken Arrow Drive, Granger, Indiana, made the presentation for this bill. Mr. Blanchard advised that the project will invest 14.9 million of capital and $2.3 million of one-time expenses to consolidate McCormick’s manufacturing of U.S. condiment products into the South Bend facility. To accommodate the new production volume, all finished goods storage will be moved to a third party logistics firm, making room for the new ketchup process and packaging room. The current ketchup room will be renovated, and house jelly and salad dressing process and packaging lines. The large pouch filler areas will be reconfigured to fit one additional filler. Increased numbers in the workforce (38) require employee amenities (locker rooms, lunch room, restrooms) areas and front offices to be reconstructed requiring a small expansion (2,300 sq. ft) on the front of the facility, a larger transformer will be installed, and additional parking for employees will be added. Mr. Blanchard stated that it is estimated that the total project will create thirty- eight (38 new, permanent, full-time jobs representing a new annual payroll of $989,498. The project will also maintain ninety (90) existing permanent full-time jobs and two (2) existing part-time positions representing an annual payroll of $4,555,600. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes Councilmembers Puzzello and Varner thanked McCormick and stated that they support the company in all their future endeavors. RESOLUTION NO. 3593-06 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 820, 626, & 618 LINDENWOOD DR. 10 REGULAR MEETING MAY 22, 2006 SOUTH, 707, 721, 733, 735, 897, 809 & 813 N. HILL ST., 514 KALORAMA ST., 1020 & 1018 W. JEFFERSON, 1325, 1321, 1319 & 1317 LISTON ST., 1012 ST. LOUIS ST. AND 701 & 705 HOWARD ST. AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN HOMES 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 820,626 & 618 Lindenwood Dr. South; 707, 721, 733, 735, 807, 809 & 813 N. Hill St.; 514 Kalorama St.; 1020 & 1018 W. Jefferson; 1325, 1321, 1319 & 1317 Liston St.; 1012 St. Louis St. and 701 & 705 Howard St., South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 820 Linwood Drive S. Lot 22 Laurel Woods (PUD) 24-1007-0596 626 Linwood Drive S. Lot 28 Laurel Woods (PUD) 24-1007-0602 618 Linwood Drive S. Lot 29 Laurel Woods (PUD) 24-1007-0603 707 North Hill Street 28.5’ S side lot 11 & 14’ Vac 18-5038-1370 alley W & adj Cedar Heights Add. 721 North Hill Street Lot 9 Cedar Heights Addition 18-5038-1366 733 North Hill Street S ½ Lot 7 Cedar Heights Add. 18-5038-1364 735 North Hill Street 33’x112.8’ NE Corner lot 7 18-5038-1363 Cedar Hts. & 8’ N & adj 514 Kalorama Street W 52.2 of N ½ Lot 7 Cedar Hts 18-5038- 136301 807 North Hill Street S ½ Lot 5 Cedar Hts Addition 18-5038-1360 809 North Hill Street N ½ Lot 5 Cedar Hts Addition 18-5038-1359 813 North Hill Street S ½ Lot 4 Cedar Hts Addition 18-5038-1358 1020 W. Jefferson Street Lot 14 24.7’ W side wall & 18-3068-2643 Hines Sub. of BOL 90 1018 W. Jefferson Street Lot 14 32’ E side wall & 18-3068-2644 Hines Sub. of BOL 90 1325 Liston Street S 55’ lot 23 Studebaker & 18-1045-1931 Hines BOL 80 1321 Liston Street Lot 22 Studebaker & Hines 18-1045-1932 BOL 80 1319 Liston Street W ½ Lot 21 Studebaker & 18-1045-1933 Hines BOL 80 1317 Liston Street E ½ Lot 21 and W ½ Vac alley 18-1045- 193301 E & adj Studebaker & Hines BOL 80 1012 Saint Louis Street W ½ Lot 81 & 1’ S side lot 80 18-5104-3613 Sorins Second Addition 701 Howard Street 40’ W end Lot 82 Sorins 18-5104-3614 Second Addition 705 Howard Street 35’ mid pt. Lot 82 Sorins 18-5104-3615 Second Addition be 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., 11 REGULAR MEETING MAY 22, 2006 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: A. 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. 12 REGULAR MEETING MAY 22, 2006 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. Michael Urbanski, 17874 State Road 23, South Bend, Indiana, made the presentation for this bill, representing Garden Homes Inc. Mr. Urbanski advised that Garden Homes intends to construct new three bedroom, five room homes of 1,036 to 1,200 sq. ft. with a full 8 ft. insulated basement on each of the above listed properties. The homes will have a 12 x 21 sq. ft. attached garage, vinyl siding, stove dishwasher, vent hood and garbage disposal. Each home will be built on a minimum of a 40 x 120 sq. ft. lot that will be seeded upon completion of the home. The price of each house will be between $105,000 and $125,000. 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 Kelly 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. BILL NO. 06-47 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR AN ECONOMIC DEVELOPMENT INITIATIVE GRANT 13 REGULAR MEETING MAY 22, 2006 Councilmember Puzzello made a motion to continue this bill until the June 12, 2006 meeting of the Council at the request of the petition. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3594-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING A NEGOTIATOR FOR THE 2006 TEAMSTER NEGOTIATIONS WHEREAS, the South Bend Common Council acknowledges that Mr. Robert Warnock, President of the Teamster Local Union No. 364, sent a letter dated January 18, 2006 to Mayor Stephen J. Luecke giving official notice that Teamster Local Union No. 364 desires to negotiate changes and modifications to the Agreement Between the City of South Bend and Teamsters Local Union 364 (“Agreement”) which expires on December 31, 2006; and WHEREAS, the Board of Public Works, which is the body authorized to approve a contract between the City and Teamster Local Union No. 364, is expected to adopt a resolution at its meeting of May 22, 2006 appointing a negotiator for the purpose of reaching a new agreement with Teamster Local Union No. 364 through the negotiating process, related to such items as working conditions and other such items addressed in the Agreement; and WHEREAS, the South Bend Common Council has the authority to approve wages and budgetary items addressed in the Agreement; and WHEREAS, the South Bend Common Council hereby wishes to act in unity with the Board of Public Works for the purpose of reaching a new agreement with Teamster Local Union No. 364, through the negotiating process, related to such items as annual compensation and other budgetary items addressed in the Agreement; and WHEREAS, the South Bend Common Council, in agreement with the Board of Public Works, wishes to appoint a negotiator to address wages and other budgetary items addressed in the Agreement; and WHEREAS, the negotiator appointed by the South Bend Common Council, together with any persons named by the negotiator to act in an advisory capacity to the negotiator shall not be considered a “Governing body” or “public agency” under either Indiana Code 5- 14-1.5-2 or 5-14-3-1. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend, Indiana hereby appoints Jeffrey M. Jankowski as its negotiator in any discussions with Teamster Local Union No. 364 concerning wages and other budgetary items addressed in any agreement with Teamster Local Union No. 364. SECTION II. Jeffrey M. Jankowski shall have the authority to appoint a team to advise him and shall keep the South Bend Common Council advised of the composition of that team through the South Bend Common Council’s legal counsel, Kathleen Cekanski- Farrand. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the South Bend Common Council and approval by the Mayor. s/Timothy A Rouse Member of the Common Council 14 REGULAR MEETING MAY 22, 2006 Councilmember Pfeifer, Chairperson, Personnel and Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Mr. Jeff Jankowski, Deputy City Attorney, 14 Floor County-City Building, South Bend, Indiana made the presentation for this bill. Mr. Jankowski advised that this bill appoints a negotiator for the 2006 Teamster negotiations. As done in the past, this Resolution names the negotiator to be himself, Jeffrey Jankowski as the negotiator and indicates that the Board of Public Works will be passing a similar Resolution to begin the negotiating process. The Resolution also indicates that he will keep the Council advised of the composition of the negotiating team through their Attorney, Kathleen Cekanski-Farrand. Mr. Jankowski stated that it is the intent of the negotiator that the negotiation team include a member of the South Bend Common Council as recommended by the Council, as well as the Council Attorney, Kathleen Cekanski-Farrand. 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 Puzzello 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. BILLS – FIRST READING BILL NO. 32-06 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3224 SOUTH MICHIGAN STREET AND 119 NORMAN STREET, COUNCILMANIC DISTRICT NUMBER FIVE (5) IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 33-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $247,500 OF UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ECONOMIC DEVELOPMENT INITIATIVE GRANT FUNDS WITHIN FUND 209 FOR THE PURPOSE OF REVITALIZATION OF THE STUDEBAKER/OLIVER REDEVELOPMENT AREA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on June 12, 2006. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 34-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,953,573 OUT OF FUND 642 TO PAY COSTS FOR THE LAFAYETTE BOULEVARD STORM SEWER PROJECT 15 REGULAR MEETING MAY 22, 2006 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Utilities and Public Works and Property Vacation Committees and set it for Public Hearing and Third Reading on June 12, 2006. Councilmember Dieter seonced the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS BILL NO. 25-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 624 NORTH NOTRE DAME AVENUE SOUTH BEND, INDIANA 46617 COUNCILMANIC TH DISTRICT (4) IN THE CITY OF SOUTH BEND, INDIANA Councilmember White made a motion to strike this bill form consideration at the request of the Petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 16-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IMMEDIATELY EAST OF 5909 NIMTZ PARKWAY, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Pfeifer made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on June 12, 2006. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS A. UPDATES FROM COUNCILMEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS Councilmember Karen White, Chairperson, Health and Public Safety Committee met last week and discussed the South Bend Police Department’s Campaign Enough is Enough. She advised that the SBPD is launching a series of public service announcements on putting an end to violent crime in South Bend. Television and radio ads will begin next week, billboard advertisements are already up. B. MISCELLANEOUS PRIVILEGE OF THE FLOOR A. PUBLIC PORTION COMMENTS FROM BILL EAGEN REGARDING COMMISSION EXPIRATIONS Mr. Bill Eagen, 3402 Scarlet Maple Lane, South Bend, Indiana, question the Council’s appointment to the Human Rights Commission. Ms Glenda Rae Hernandez’s appointment has expired. The expiration was December 2005. Ms. Hernandez has sent a letter and filled out an application for reappointment to the South Bend Human Rights Commission. He asked the Council when they might be making their decision on the appointment. Council President Timothy A. Rouse responded that the Council is taking a new approach to filling vacancies and term expirations on various Boards and Commission. They have 16 REGULAR MEETING MAY 22, 2006 implemented an interview process. Council President Rouse reiterated that just because a member has served on a board or commission for numerous years, that does not mean that they will automatically be reappointed. However, in the meantime Ms. Hernandez is allow to continue her appointment on that board, until the interview process of candidates that have applied to the Human Rights Commission is over and the Council has made their appointment. Council President Rouse thanked Mr. Eagen for his concern. B. UPDATE FROM COUNCILMEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING There were no topics assigned to Councilmember from the prior meeting. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 7:45 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Timothy A. Rouse, President 17