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HomeMy WebLinkAbout06-12-06 Council Meeting Minutes REGULAR MEETING JUNE 12, 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, June 12, 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: Charlotte Pfeifer 2nd District Ann Puzzello 4th District David Varner 5th District Ervin Kuspa 6th District Timothy Rouse At-Large President Karen L. White At-Large Chairperson Committee of the Whole Absent: Derek D. Dieter 1st District Roland Kelly 3rd District Vice-President Al “Buddy” Kirsits At-Large OTHERS PRESENT: Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney Absent: John Voorde City Clerk 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 22, 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 22, 2006, meeting of the Council be accepted and placed on file. Councilmember Kuspa seconded the motion which carried by a voice vote of six (6) ayes. SPECIAL BUSINESS RESOLUTION NO. 3595-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING CHERYL NIX FOR BEING SELECTED AS THE 2006 TEACHER OF THE YEAR BY THE SOUTH BEND COMMUNITY SCHOOL CORPORATION 1 REGULAR MEETING JUNE 12, 2006 Whereas, the Common Council of the City of South Bend, Indiana, recognizes that there are over 60,000 persons teaching in the 294 public school corporations and state-accredited nonpublic schools throughout the state of Indiana; and Whereas, the Common Council is especially proud to acknowledge that recently the South Bend Community School Corporation honored several local teachers who serve in our primary centers, intermediate centers and high schools for their special teaching skills and dedication to education excellence; and that CHERYL NIX, the daughter of the late Dolores and Donald Pajakowski, who was raised in South Bend, is a graduate of LaSalle High School, Ball State University and IU-South Bend; was selected as the 2006 Teacher of the Year; and th Whereas. the Council believes that CHERYL NIX, an 8 grade math teacher at th LaSalle Intermediate Academy, who is completing her 30 year of teaching in the South Bend Community School Corporation, represents the very best of the education profession as exemplified by her caring and sensitive attitude, her sincere dedication, her exceptional talents in working with deaf students, learning disabled students and now gifted math students, and it is therefore only fitting and proper for the South Bend Common Council to publicly thank her for her time, vision, passion for innovative and dedicated teaching skills which include in her own words the following: “My various careers in education have allowed me to explore many aspects of teaching and truly reflect upon what is best for children. My deaf students taught me that one must be compassionate and caring, but that pity and excuses have no place in a classroom. Students must be guided around obstacles and the message must be clear: you are capable. Teacher expectations must remain high as we help students surmount and overcome the challenges they face while supporting and encouraging them to do more”. 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 commends and congratulates LaSalle Intermediate Academy teacherCHERYL NIXfor being named by the South Bend Community School Corporation as the “2006 Teacher of the Year”, which is awarded as the highest of all teaching honors in our community. Section II The Council wishes CHERYL NIXmany years of continued success as an outstanding teacher in the South Bend Community School Corporation, as she goes on to dedicate her life to teaching excellence, while bringing countless joys to her students and colleagues as epitomized by her commitment to providing a positive, creative and caring attitude, which others should emulate. Section III . 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/Timothy A. Rouse, At Large rd s/Roland Kelly, 3 District s/Al “Buddy” Kirsits, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/Kathleen Cekanski-Farrand, Attorney s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Ann Puzzello, 1247 E. LaSalle, South Bend, Indiana, made the presentation for this Resolution by first offering her comments and then reading the 2 REGULAR MEETING JUNE 12, 2006 Resolution in its entirety and presenting it to Ms. Nix. Ms. Nix thanked the Council for this honor. 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. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m., Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember Kuspa seconded the motion which carried by a voice vote of six (6) 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 public, which outline the Council rules and procedures, and are located on the railing in the Council Chambers. PUBLIC HEARINGS BILL NO. 16-06 PUBLIC HEARING ON A BILL 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 Kuspa, Chairperson, Zoning & Annexation Committee, reported that his committee held a meeting this afternoon and sends this bill to the full Council with no recommendation, due to the lack of a quorum. Mr. P.J. Thuringer, Staff Planner, Area Plan Commission, 1823 N. Adams, South Bend, Indiana, presented the report from the Commission. Mr. Thuringer advised that the petitioner is requesting a zone change from “LI” Light Industrial and “CB” Community Business to “CB” Community Business to allow a hotel, restaurant, and pub. On site is vacant land zoned “CB” Community Business and “LI” Light Industrial. To the north are offices and vacant land zoned “O” Office. To the east is Blackthorn Golf Course zoned “LI” Light Industrial. To the south is Blackthron Golf Course zoned “LI” Light Industrial. To the west is Blackthorn Golf Course zoned “LI” Light Industrial and the Blackthorn Golf Course proshop and parking lot zoned “O” Office. The “CB” Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. The irregularly shaped site is 4.5 acres in size. The proposed County Mayo Irish Inn and Pub building should cover 0.5 acres or 12% of the site. Parking areas make up just under 2 acres or 42% of the site. Open space will account for just over 2 acres or 46% of the site. There are 150 parking spaces shown. All required landscaping is shown. There is one driveway on Nimtz Parkway in the northeast corner of the property. The main hotel entrance and drive-thru is located on the south side, and the outdoor dining patio is located on the western side. In 1990, 489 acres bounded by Olive Road on the west, the regional airport on the east, U.S. 20 on the south and old Cleveland on the north was rezoned from “A” Residential to “D” Light Industrial. In 32004, with the passing of the new zoning map, most of the petition area was rezoned from “I” Light Industrial to “CB” Community Business. A large area to the north and to the east was rezoned from “LI” Light Industrial to “O” Office at that time as well. In 2005, seven parcels on the north and west side of Nimtz were rezoned from “Office to “LI” Light Industrial. F. J. Nimtz 3 REGULAR MEETING JUNE 12, 2006 Parkway has four lanes. In 2003, the Michiana Area Council of Government (MACOG) counted 4,842 cars per day on Nimtz Parkway east of the Indiana Toll Road entrance. The site is served by City of South Bend municipal water and sanitary sewer. The Comprehensive Plan Policy Plan Goal 2: Encourage the economic development of the county and its municipalities. Objective C: Develop quality business areas to meet the retail and service needs of the planning area. Policy xi: Highway-oriented business centers shall be located in outlying areas, at the intersection of highways or at limited- access interchanges. The proposed use complies with the Comprehensive Plan economic development policy. The petition area is not designated for any specific use by the Land Use Plan. Currently, the Blackthorn Industrial Park is a mix of “LI” Light Industrial and “O” Office zoning. The most desirable use would be for a hotel/restaurant that would serve guests that come and play the Blackthorn Golf Course. Should this rezoning be approved, surrounding property values should not be negatively affected. It is responsible development and growth to locate a mix of more intense commercial, industrial, and office uses near two limited access highways (U.S. 31 By-Pass and Indiana Toll Road.) Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. This site has long been designated for a hotel as part of the overall Blackthorn development. The proposed rezoning slightly expands this site. Mr. Derek Spier, A.I.C.P., Abonmarche, 750 Lincoln Way East, South Bend, Indiana, made the presentation for this bill on behalf of the South Bend Redevelopment Authority. Mr. Spier advised that this rezoning is requested by the South Bend Redevelopment Authority to zone from “LI” Light Industrial and “CB” Community Business to “CB” Community Business, property located at East of and across the street from 5909 Nimtz Parkway, City of South Bend, to allow for a hotel, restaurant, and pub. 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 Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 27-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 19, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR ENACTMENT OF PARK RULES Councilmember Puzzello made a motion to continue this bill until the July 10, 2006 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 33-06 PUBLIC HEARING 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 4 REGULAR MEETING JUNE 12, 2006 Councilmember Puzzello, Vice-Chairperson, Community and Economic Development Committee reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Andy Laurent, Economic Development Specialist, Community & Economic Develoment, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Laurent advised that this bill appropriates $247,500 of grant funds from the United States Department of Housing and Urban Development Economic Development Initiative program. These funds will be used to implement the Studebaker/Oliver Redevelopment Strategy previously adopted by the Common Council. Mr. Laurent further noted that he has submitted a Resolution for these funds for approval in conjunction with this ordinance. The Resolution will be heard later on tonight’s agenda. 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 Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 34-06 PUBLIC HEARING 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 Councilmember Varner, Chairperson, Public Works and Property Vacation reported that this Committee along with the Utilities Committee held a joint Public Hearing this afternoon on this bill and sends it to the Council with a favorable recommendation. Mr. John “Jack” Dillon, Director, Environmental Services, 3113 Riverside Drive, South Bend, Indiana, made the presentation for this bill. Mr. Dillon stated that this bill deals with new appropriations from Sewage Works enterprise funds (fund 642) to a sewer appropriation account for sewer rehabilitation (account line item 642-0621-415.42-05) in the 2006 Sewage Works budget. The total dollar amount to be appropriated is $1,953,573. These funds will be used to cover the construction of the Memorial/Lafayette storm sewer. The Memorial/Lafayette storm sewer had been funded in the 2005 Capital Budget, but inadvertently failed to encumber the construction money into the 2006 budget. 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 Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of six (6) ayes. RISE AND REPORT Councilmember Kuspa made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by voice vote of six (6) ayes. 5 REGULAR MEETING JUNE 12, 2006 ATTEST: ATTEST: _______________________________________ _________________________ Mary Beth Wisniewski, Chief Deputy 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 7:29 p.m. Council President Timothy A. Rouse presided with six (6) members present. BILLS, THIRD READING ORDINANCE NO. 9679-06 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 This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. ORDINANCE NO. 9680-06 AN ORDINANCE 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 third reading. Councilmember White made a motion to pass this bill. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. 6 REGULAR MEETING JUNE 12, 2006 ORDINANCE NO. 9681-06 AN ORDINANCE 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 This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. RESOLUTIONS RESOLUTION NO. 3596-06 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 THE NORTHWEST CORNER OF LASALLE STREET AND EDDY STREET 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 its 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 provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: The northwest corner of LaSalle Street and Eddy Street, 18 Vac Blk 1000 LaSalle, 1019- 1025 LaSalle, 1031 LaSalle, 317 Eddy, 313 Eddy In order to permit, off-site parking for employees of the South Bend Clinic. 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 of 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; 7 REGULAR MEETING JUNE 12, 2006 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 recommendations 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 Mr. Don Fozo, C.B.O., St. Joseph County Building Commissioner, 125 S. Lafayette Blvd., South Bend, Indiana made the presentation on behalf of the Board of Zoning Appeals of the City of South Bend. Mr. Fozo advised that the Board of Zoning Appeals, at its May 18, 2006 meeting, sent this petition to the Council with a Favorable recommendation. Mr. Fozo further advised that the petition is for the South Bend Clinic and that they are seeking a Special Exception for off site parking. Mr. Paul Meyer, Executive Director, South Bend Clinic, 211 North Eddy Street, South Bend, Indiana, made the presentation for this bill. Mr. Meyer advised that the South Bend Clinic is seeking a Special Exception and Variances for its property generally located on the northwest corner of LaSalle Street and Eddy Street. A portion of the property is currently paved and used for employee off-site parking the remaining, adjoining parcels are unpaved and unutilized. The Clinic ultimately wishes to pave those parcels that are unpaved and to use the entire contiguous portion for off-site parking by its staff. This needed parking is in anticipation of the Clinic’s major facility expansion project for its main campus located on the southwest corner of Eddy and LaSalle Streets. The proposed parking expansion and Special Exception and Variances submitted will allow expanded parking options both during and after the major expansion project. 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 bill, Councilmember Puzzello made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried by a roll call of six (6) ayes. RESOLUTION NO. 3597-06 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 515 S. ST. JOSEPH STREET 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 8 REGULAR MEETING JUNE 12, 2006 Whereas, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its 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 provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 515 S. St. Joseph St. In order to permit The approval of a Special Exception for a Group Residence in “MF1” zoning district. 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 of 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 recommendations 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 Kuspa reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Don Fozo, C.B.O., St. Joseph County Building Commissioner, 125 S. Lafayette Blvd., South Bend, Indiana made the presentation on behalf of the Board of Zoning Appeals of the City of South Bend. Mr. Fozo advised that the Board of Zoning Appeals, at its meeting of May 18, 2006, sent this petition to the Common Council with a favorable recommendation. Mr. Fozo further 9 REGULAR MEETING JUNE 12, 2006 advised that this petition of Michael Baxter and the Catholic Worker of Michiana is seeking a Special Exception for a group residence in “MF1” Mr. Michael J. Baxter, P. O. Box 4241, South Bend, Indiana, representing The Catholic Worker of Michiana, Inc., made the presentation for this bill. Mr. Baxter advised that the Catholic Worker of Michiana seeks a special exception so that the house may be used as a “group residence” and also a variance from parking requirements. He stated that the house at 515 S. St. Joseph Street has three floors and a basement. On the first floor, there is a kitchen, a full bath, a living room, a dining room, and a parlor. On the second floor, there is one full bath, two large bedrooms, and a kitchenette area. On the third floor, there are two large bedrooms, one small bedroom, and commodious closet space. The basement has one room for a washer and drier, another room for two large furnaces, another room that was probably used as a pantry, and another room that was originally used to store coal. The previous owner clearly planned to break the house up into two units. Not only are there two kitchen areas, but there is also an outside stairway entrance that opens directly into the kitchenette on the second floor. Use as a group residence will probably involve two or three community members plus six to eight guests, no more than ten or so people altogether. This does not exceed the normal use of this house by two average families, nor does it exceed the space requirements set forth in the City of South Bend Building Code. Mr. Baxter stated that although this will be a house of the Catholic Worker community, it will not be used for providing social services to homeless people. Rather, such service will be provided at the Catholic Worker’s drop-in center at 744 Main Street. This house will be used simply as a residence for a handful of people. Mr. Baxter stated that with regard to the variance for the requirement for parking space on this property, such a variance is warranted. He noted that there will only be a maximum of three members of the Catholic Worker Community living at 515 St. St. Joseph Street and in the event that all three own and drive cars they will need to park them near the property. There is adequate space for three cars in the street in front of the house. Mr. Baxter noted that the guests do not have cars and any volunteers helping at this property would park at “Our Lady of the Road” at 744 S. Main Street, where there is ample parking. A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of this bill. Mr. Mark Piasecki, 511 S. St. Joseph Street, South Bend, Indiana, stated that the house is in the best shape that it has ever been in.The Catholic Worker Home is a benefit to the neighborhood. Mr. Piasecki stated that he is in full support of the Catholic Worker and urged the Council to approve this special exception. Mr. Mike Coleman, 508 E. South Street, South Bend, Indiana, stated that he is in favor of the Catholic Worker House. The neighborhood is a beautiful, safe, small neighborhood, but diverse and that is the key. Mr. Coleman further noted that the Catholic Worker House is a wonderful asset to the neighborhood. Ms. Anna Bond, 518 S. St. Joseph, South Bend, Indiana, stated that she has been a guest of the Catholic Worker Home while she is waiting for total hip replacement surgery. She urged the Council to approve the Special Exception. Mr. Renaldo Hernandez, 702 E. South Street, South Bend, Indiana, stated that he is in full support of the Special Exception for the Catholic Worker Home. There was no one present wishing to speak to the Council in opposition of this bill. Councilmember’s Puzzello, Varner and Kuspa stated that they are glad that the Catholic Worker Home has found a new home and begin again to continue their good work in the Community. They wished them well in the future. 10 REGULAR MEETING JUNE 12, 2006 Councilmember White made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried by a roll call vote of six (6) ayes. BILL NO. 06-51 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 THE 1121 BLOCK OF ST. PETER STREET & 810 NAPOLEON STREET, SOUTH BEND, INDIANA Councilmember Puzzello made a motion to strike this bill from consideration at the request of the petitioner.Councilmember White seconded the motion which carried by a voice vote of six (6) ayes. RESOLUTION NO. 3598-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3425 WEST LATHROP DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MCCORMICK & COMPANY WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as , 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, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only 11 REGULAR MEETING JUNE 12, 2006 and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, 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 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A.Rouse Member of the Common Council Mr. Norman Blanchard, McCormick & Company, Inc., 3425 W. Lathrop Drive, South Bend, 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 room. The large pouch filler area 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 of 2,300 square feet on the front of the facility. External to the facility, a larger transformer will be installed, and additional parking for employees will be added. 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 White seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes. RESOLUTION NO. 3599-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, 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. AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN HOMES 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 12 REGULAR MEETING JUNE 12, 2006 WHEREAS, a Declaratory Resolution designated 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, 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 remonstrance’s 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 13 REGULAR MEETING JUNE 12, 2006 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 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 14 REGULAR MEETING JUNE 12, 2006 Council President Timothy A. Rouse stated that a scrivener’s error was made on the agenda and that this bill number is 06-53 not 06-46 as listed on this evening’s agenda. Mr. Mike Urbanski, 17874 State Road 23, South Bend, Indiana, 46635, made the presentation for this resolution. 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 ft. attached garage, vinyl siding, stove, dishwasher, vent hood and garbage disposal. The cost of the homes will be in the low one hundred thousand dollar range. 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 White seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes. RESOLUTION NO. 3600-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3311 WILLIAM RICHARDSON COURT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR PRECISION MILLWORK & PLASTICS, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 3311 William Richardson Court, South Bend, Indiana, and which is more particularly described as follows: LOT NUMBERED FIVE (5) AS PLATED IN THE PLAT OF THE TOLL ROAD INDUSTRIAL PARK, PHASE TWO, SECTION ONE AS RECORDED AS DOCUMENT NO. 9426579 IN THE OFFICE OF THE RECORDER, ST. JOSEPH COUNTY, INDIANA and which has Key Number 25-1013-021606, 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. 15 REGULAR MEETING JUNE 12, 2006 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; 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 as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, 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 three (3) 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. 16 REGULAR MEETING JUNE 12, 2006 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/Timothy A. Rouse Member of the Common Council Councilmember Puzzello, Vice-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. Larry Shoemaker, President Precision Millwork & Plastics, Inc., 3311 William Richardson Ct. South Bend, Indiana, made the presentation for this bill. Mr. Shoemaker advised that Precision Millwork & Plastics, Inc. produces custom cabinets, countertops, store fixtures and wood and plastic industrial parts. The company plans to construct an 11,500 square foot addition to the rear of their existing building. The addition will allow the company to expand its business. The estimated cost of the addition if $250,000. The company will increase its full-time workforce by five (5) people as a result of the expansion. 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 White seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes. RESOLUTION NO. 3601-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 936 NOTRE DAME AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ANI APRAHAMIAN 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 936 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered One (1) as shown on the recorded Plat of Notre Dame Howard Street Minor Subdivision, recorded September 6, 2005 as Document Number 0540965 in the Office of the Recorder of St. Joseph County, Indiana , and this property has Tax Key Numbers 018-5106-3713, 018-5106-3714and 018-5106- 3715be 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., 17 REGULAR MEETING JUNE 12, 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. 18 REGULAR MEETING JUNE 12, 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 Puzzello, Vice-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. Ms. Ani Aprahamian, 802 Forest Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Aprahamian advised that she is preparing to build a new home. The home will be approximately 3,000 square feet and have a living room, dining room, four bedrooms and 5 bathrooms and a two car garage. The cost of the home will be approximately $450,000. 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 White made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes. RESOLUTION NO. 3602-06 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 Whereas, the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Act, signed into law by President 19 REGULAR MEETING JUNE 12, 2006 Bush on November 30, 2005, provided the Department of Housing and Urban Development with Economic Development Initiative funding for certain special projects specified in the Conference Report accompanying the Act; and Whereas, the City of South Bend, Indiana was specified in the Conference Report to receive grant funding in the amount of $247,500 for redevelopment of a brownfield site; and Whereas, the Department of Housing and Urban Development subsequently requested the City of South Bend to submit an application for these funds; and Whereas, the Mayor is the Chief Executive Officer of the City and is the appropriate applicant for the Economic Development Initiative Grant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a grant application to the United States Department of Housing & Urban Development for an Economic Development Initiative Grant and to execute all documents related to the Economic Development Initiative Grant. Section II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Economic Development Initiative grant application to be submitted to the United States Department of Housing and Urban Development. Section III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the United States Department of Housing and Urban Development. Section IV. That the City of South Bend, Department of Community and Economic Development is hereby designated as the agency and office administering, on behalf of the City of South Bend, for the Economic Development Initiative grant awarded under this application. Section V. That 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 Puzzello, Vice-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. Andy Laurent, Economic Development Specialist, Community and Economic Development Department, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Laurent advised that this bill would allow for the submission of a grant application in the amount of $247,500 to the United States Department of Housing and Urban Development Economic Development Initiative program. These funds will be used to implement the Studebaker/Oliver Redevelopment Strategy previously adopted by the Council. A Public Hearing was held on the Resolution at this time. 20 REGULAR MEETING JUNE 12, 2006 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 White seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes. RESOLUTION NO. 3603-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN AGREEMENT EXTENDING THE ST. JOSEPH COUNTY HOUSING CONSORTIUM AND AUTHORIZING THE EXECUTION THEREOF Whereas, on November 28, 1990, the National Affordable Housing Act (NAHA) of 1990, also known as the Cranston-Gonzales Act, became law, to implement its stated goal that every American family be able to afford a decent home; and Whereas, NAHA requires any governmental unit to formulate and submit appropriate plans in order to be eligible to receive funds from several existing federal programs, including Community Development Block Grants (CDBG), the HOME Investment Partnership Program (HOME), Emergency Shelter Grants (ESG), as well as to be eligible to receive funds from new housing assistance programs created by NAHA; and Whereas, NAHA provides for the designation of geographically contiguous units of general local government to participate as consortia in, and thereby be considered a single Unit of general local government, for purposes of HOME; and Whereas, I.C. 36-1-7 the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise, jointly or by one entity on behalf of the others, powers that may be exercised by such units severally; and Whereas, pursuant to the Interlocal Cooperation Act, the Cities of South Bend and Mishawaka, and the County of St. Joseph, being contiguous units of general local government have formed the St. Joseph Housing Consortium, which, by agreement of the member entitites, is to terminate on December 31, 2006; and Whereas, the Cities of South Bend, Mishawaka, and St. Joseph County are desirous of reestablishing the Consortium for the purposes of receiving an allocation and participating in the HOME, CDBG, ESG, and all other housing programs administered by HUD for which they may be eligible, and for the purpose of cooperating to undertake or to assist in the undertaking of housing assistance activities for HOME and other HUD programs, including using a January 1 start date for each program year; and Whereas, substantially similar resolutions will be approved by the St. Joseph County Council and the Mishawaka Common Council. NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA UNDER I.C. 36- 1-7, THE INDIANA INTERLOCAL COOPERATION ACT, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section I. That the Common Council of the City of South Bend, Indiana has considered and hereby approves the extension of and participation in the St. Joseph County Housing Consortium for purposes of the formulation, update, submission and implementation of applicable plans and programs and the implementation of the HOME Investment Partnerships Program (HOME), Emergency Shelter Grants Programs (ESG) and other housing assistance programs funded by the Department of Housing and Urban Development (HUD) under the National Affordable Housing Act of 1990 (NAHA) Section II. That the Common Council of the City of South Bend, Indiana hereby authorizes the Mayor to enter into an Agreement extending the St. Joseph County 21 REGULAR MEETING JUNE 12, 2006 Housing Consortium, in form and substance the same as or similar to that the Agreement attached hereto. Section III. That the Common Council of the City of South Bend, Indiana hereby confirms its commitment to the goals and the reality of fair housing within the City of South Bend. Section IV. 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 White made a motion to hear the substitute version of this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of six (6) ayes. Councilmember Puzzello, Vice-Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this substitute bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. John Sellers, Community & Economic Development Department, 1200 County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Sellers advised that this bill would allow the Mayor to execute documents to re- establish the St. Joseph County Housing Consortium under an inter-local agreement between the Cities of South Bend, Mishawka, and St. Joseph County. The Consortium was originally established in 1991 and has brought over $13 million HOME program dollars for low-income assistance into our community since it’s inception. Mr. Sellers further noted that the substitute bill changes the word “re-established” with “extended” as the St. Joseph County Housing Consortium, has not been terminated of its existence. 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 White made a motion to adopt this substitute Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes. BILLS - FIRST READING BILL NO. 35-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING FROM THE COMMON COUNCIL’S PERSONNEL SERVICES FUND #10 TO THE COMMON COUNCIL’S PROMOTIONAL FUND #33 THE SUM OF $2,400 AND APPROPRIATING $2,400 FOR PROMOTIONAL EXPENDITURES This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on June 26, 2006. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. 22 REGULAR MEETING JUNE 12, 2006 BILL NO. 36-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AN BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT 1, MICHIANA LUTHERAN EDUCATION ASSOCIATION, INC. & NICAD, INC., NIMTZ PARKWAY AND OLIVE ROAD JUST 1/8 MILE WEST OF THE US-31 BY-PASS This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing on August 14, 2006 and Third Reading on September 8, 2006. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 37-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $51,700 FROM FUND 601, THE PARKING GARAGE FUND FOR THE PURPOSE OF MAKING NEEDED REPAIRS AND IMPROVEMENTS IN THE LEIGHTON PARKING GARAGE 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 June 26, 2006. Councilmember White seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 38-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO ADD ARTICLE 13, SECTIONS 17-119 THROUGH 17-125 TO CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING POST CONSTRUCTION STORMWATER ISSUES 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 July 10, 2006. Councilmember Kuspa seconded the motion which carried by a voice vote of six (6) ayes. UNFINISHED BUSINESS A. APPEAL OF DENIAL OF CERTIFICATE OF APPROPRIATENESS NO. 2005- 1029A BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF SOUTH BEND PRESERVATION COMMISSION OF THE CITY O F SOUTH PROPERTY LOCATED AT: 2300 PORTAGE AVENUE, SOUTH BEND, INDIANA Councilmember Varner made a motion to continue this bill indefinitely. Councilmember White seconded the motion which carried by a voice vote of six (6) ayes. 23 REGULAR MEETING JUNE 12, 2006 B. BILL 29-06 – CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE – HUMAN RIGHTS Councilmember Pfeifer made a motion to set this bill for Public Hearing and Third Reading on July 10, 2006. Councilmember Puzzello seconded the motion which carried by a voice vote of six (6) ayes. NEW BUSINESS There was no new business to come before the Council at this time. A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS PRIVILEGE OF THE FLOOR There was no one present wishing to speak before the Council at this time. A. PUBLIC PORTION B. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 8:07 p.m. ATTEST: ATTEST: _______________________________________ ____________________________ Mary Beth Wisniewski, Chief Deputy City Clerk Timothy A. Rouse, President 24