Loading...
HomeMy WebLinkAbout08-14-06 Council Meeting Minutes REGULAR MEETING AUGUST 14, 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, August 14, 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 Ervin Kuspa 6th District Al “Buddy” Kirsits At-Large Timothy Rouse At-Large President Karen L. White At-Large Chairperson Committee of the Whole OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the July 24, 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 July 24, 2006, meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 3619-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING CAPTAIN ED FRIEND FOR HIS 44 YEARS OF EXEMPLARY AND DEDICATED SERVICE ON THE SOUTH BEND POLICE DEPARTMENT Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that Captain Ed Friend retired from the South Bend Police Department on Friday, August 4, 2006, after forty-four (44 ) years of exemplary and especially dedicated and caring police service; and 1 REGULAR MEETING AUGUST 14, 2006 Whereas, the Council recognizes that Captain Friend, a U.S. Army veteran, began his career on the South Bend Police Department as a Patrolman in 1962; and because of his strong work ethic and many people-skills, quickly worked his way up the career ladder to Captain, and has worked in such areas as traffic, records, internal affairs, public relations and community relations, has become the face of what a police officer could par excellence become and is the role model of a police officer, ; and Whereas, Captain Friend is known as a loyal friend and mentor to thousands--- from providing public service announcements about disposing of old medicines, to writing his “Friend’s Advice” column addressing “friendology”, to encouraging seniors to participate in the Senior Citizens Police Academy, to promoting innovative police/media relations, to developing partnerships such as TRIAD to warn potential victims of how to avoid scammers and slick con artists, to providing the youth of our community meaningful civic lessons on life---filled with laughter and fun when he and his robot friend, Zowie brought education and entertainment to families through “Kids Adventure Zone” and “Signal 8”; to being a stress management consultant, and being a true team player and leader who offers advice, suggestions or just a caring shoulder to lean on while patrolling our city neighborhoods and attending countless community meetings; and Whereas, in addition to his many other police duties; Captain Friend is known for infectious smile, his classy bow ties; the countless ways he daily gives so much to our community, as epitomized by his vitality, his many innovative initiatives, his compassion, his caring attitude & his very generous heart, all of which have resulted in Captain Ed Friend daily accepting the many challenges which life throws at him, and Hometown Hero through his actions and deeds (both great and small) he has become our over the decades, to whom we are so grateful, and as a result, the entire City of South Bend is a better place. Now, Thereforebe 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 thanks, commends and honors Captain Ed Friendfor his 44 years of exemplary and extraordinary talents and his sincerely dedicated and caring public service on the South Bend Police Department. Section II. The South Bend Common Council wishes Captain Ed Friendand his wife, Jane, many years of fun-filled times together, and sincerely hope that they will now have time to go on their honeymoon; and continue to create many memorable moments with family and friends. 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/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/Kathleen Cekanski-Farrand, Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Roland Kelly, 1325 E. Wayne, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Captain Ed Friend. A Public Hearing was held on the Resolution at the time. 2 REGULAR MEETING AUGUST 14, 2006 There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Chief Eugene Kyle stated that he was present tonight on behalf of Chief Fautz, who was unable to be here due to a family commitment. Chief Kyle stated that Captain Friend is known as a mentor to thousands of individuals. His commitment to the youth and public safety has created positive quality in his police work and are a legacy to live up to. He wished Captain Friend and his wife, Jane, all the best in the future. Imam C. Abullah Nabaa, (no address given) stated that he had observed Captain Friends work as both a citizen and a police officer and commended him for his humble ways. Additionally, Councilmembers Dieter, Kirsits, Pfeifer, Puzzello, Rouse and Varner offered comments and thanked Captain Friend for his 44 years of exemplary and extraordinary talents and his sincerely dedicated and caring public service on the South Bend Police Department. Captain Ed Friend thanked the Council for this honor. He stated that life is beautiful, set your goals everyday and try to achieve them. He thanked his wife, Jane, for standing behind him and looks forward to whatever the future holds. 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 7:35 p.m., Councilmember Pfeifer made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly, presiding. Councilmember Kelly 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. 30-06 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1954 PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Robert Nemeth, Staff Planner, Area Plan Commission, 3747 Palomino Circle, South Bend, Indiana, presented the report from the Commission. The petitioner is requesting a zone change from “LB” Local Business to “CB” Community Business to allow for an existing building to be used for an automobile repair shop. On site is a vacant building formally used as a gas station with two bays. To the north are single-family homes zoned “SF2” Single-Family Residential. To the east are single-family houses zoned “MU” Mixed Use and “SF2” Single-Family Residential. To the south are single-family houses zoned “SF2” Single-Family Residential. To the west are single-family houses zoned “SF2” Single-Family Residential and “MU” Mixed use and a tavern zoned “MU” Mixed Use. The “CB” Community Business District is established 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 3 REGULAR MEETING AUGUST 14, 2006 of outdoor sales or outdoor operations. The site is 0.35 acres in size. The 1,300 square foot building covers 8.5% of the site. Seven parking spaces and concrete cover 73% of the site. There is 18.5% open space. Prior to the adoption of the new zoning map in 2004 this parcel was zoned “C” Commercial, “D” Height and Area. Under the old “C” Commercial designation, gasoline service station with repair was allowed. Prairie Avenue (State Road 23) is a two-lane road at this location.MACOG counted 6,998 cars a day on Prairie Avenue at a point north of Gertrude Street in 2004. The site will be served by municipal water and sanitary sewer. The City Engineer requested a drainage plan and stated that all work in the right of way needs to be approved by the Indiana Department of Transportation. The Comprehensive Plan Policy Plan Goal 2 encourages 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. The petition is consistent with the Comprehensive economic policy. The area is not designated for a specific use by the Land Use Plan. The Rum Village Neighborhood Action Plan (May 1995), under the section Problems and Land use Issues, Commercial Activity (Pg. 22) states: “Opportunities for both infill commercial development and eliminating store vacancies along the major arterials through the neighborhood. Strengthening the commercial base of the neighborhood by reducing the number of vacancies will give neighborhood residents a wider variety of shopping opportunities while also contributing to the long-term stability of the Rum Village Neighborhood.” This petition is consistent with the Commercial Activity Goal of the Rum Village Neighborhood Action Plan. There is an abandoned service station/automobile repair building with two service bays on the premise. The surrounding area consists mostly of single family residences. There are commercial uses both one block west and east of the site. The most desirable use would be for a commercial activity that will serve and benefit the surrounding neighborhood. Should this property be rezoned, surrounding property values should not be negatively affected. Re-use of an abandoned property will remove a neighborhood liability. It is responsible development and growth to encourage the redevelopment of vacant buildings. The redevelopment of this site will require it to conform to current design and landscaping standards. 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. With the recently updated zoning ordinance landscaping requirements, the approval of this petition would help to beautify this site and the neighborhood. The residents of the surrounding area could be well served by a viable business. It is consistent with the goals of the Comprehensive Plan. The rezoning would be consistent with the Commercial Activity goals of the Rum Village Neighborhood Action Plan. Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, representing the property owner, Mr. Greg Ferro, 1832 Prairie Avenue, South Bend, Indiana. Mr. Feeney advised that the property sought to be rezoned is located at 1954 Prairie Avenue. It is desired and requested that this property be rezoned from LB Local Business District to CB Community Business District to allow for an automobile repair shop in the existing 2 stall garage and asphalt parking lot. 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 Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 32-06 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4323 SOUTH MICHIGAN STREET AND 119 NORMAN STREET, COUNCILMANIC DISTRICT NUMBER FIVE (5) IN THE CITY OF SOUTH BEND, INDIANA 4 REGULAR MEETING AUGUST 14, 2006 Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Robert Nemeth, Staff Planner, Area Plan Commission, 3747 Palomino Circle, South Bend, Indiana, presented the report from the Commission. Mr. Nemeth advised that the petitioner is requesting a zone change from “SF1” Single & Two Family to “CB” Community Business to allow an off-premise sign. On site is an off premise sign and wooded underdeveloped land zoned “SF1” Single Family. To the north is the O’Brien Skate park zoned “SF1” Single Family. To the east are single family homes zoned “SF1” Single Family. To the south is a car wash and a gas station zoned “CB” Community Business. To the west across Michigan Street are a liquor store, a flower shop and a family restaurant zoned “CB” Community Business. 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 operations. The site plan shows the sign structure in the southwest corner of the northernmost parcel of land to be rezoned. All setbacks conform to the Zoning Ordinance. The sign will be located 30 feet from the front property line adjacent to South Michigan Street. The overall height of the sign will be thirty-five(35) feet which is the maximum allowed by the Zoning Ordinance. The sign is shown as having two (2) panels each measuring 14’x 48’ Over the years, this area has transformed from residential uses to predominantly commercial. In 1986, a large part of the petition area would have been rezoned from “A” Residential, “A” Height and Area to “C” Commercial, “A” Height and Area had the petitioner not let the site plan expire. The property is bounded by South Michigan Street, Walter Street, and Norman Street. Over 25,000 cars per day pass a point on Michigan Street south of Ireland Road. Municipal water and sanitary sewer are available to the site. The comprehensive plan policy plan:Goal 2: Encourages 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. Goal 2: Objective C: Policy X: South Bend will cluster future commercial development in commercial activity centers along major transportation arteries. Strip commercial development will no longer be an acceptable development option. This petition is consistent with the Comprehensive Plan economic policy. The land use plan does not designate this area for a specific land use. The South Gateway Commercial Corridor Action Plan (July 1998) recommends commercial use south of Chippewa Avenue and along Ireland Road. The Plan designates the petition area as a South Gateway Corridor development site. The proposed uses for the vacant site are, a. Medium density residential, b. Retail, and c. Office. Should this rezoning be approved by the Common Council, it is consistent with the South Gateway Commercial Corridor Action Plan, which recommends the site for non single-family residential land use. This area is an emerging commercial and public (O’ Brien Skate Park) destination within the City of South Bend. The most desirable use would be commercial that takes advantage of the high traffic volumes in the area. Adjacent residential property values may be negatively affected should this rezoning be approved. It is responsible development and growth to allow for the expansion of the commercial zoning district. Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Rezoning this site to “CB” Community Business is consistent with the Comprehensive Plan economic policy and the South Gateway Commercial Corridor Action Plan, which recommends the area for commercial use and the site requesting rezoning for non single-family use. The rezoning is an expansion of the western and southern commercial zoning districts. It is compatible with the northern public and western and southern commercial land uses. Mr. Terry J. O’Brien, Burkhart Advertising, P. O. Box 538, South Bend, Indiana, made the presentation on behalf of the petitioner, Barclay Corporation. Mr. O’Brien advised that the property sought to be rezoned is located at 4324 South Michigan Street and 119 Norman Street, South Bend, Indiana. It is desired and requested that this property be rezoned from SF-1 to CB due to a road improvement project along Michigan Street (US 31) Burkhart Advertising has been asked by the City of South Bend 5 REGULAR MEETING AUGUST 14, 2006 to relocate its existing off-premise sign 10-20 feet into the property. This relocation will insure the integrity of the new proposed public right-of-way. The current zoning classification (SF-1) does not allow for construction of off-premise signs. This rezoning would allow Burkhart to continue its long standing working relationship with the City of South Bend. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Rouse made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 19-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 5, SECTION 17-29 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AUTHORIZATION TO ENTER INTO SPECIAL RATE CONTRACTS FOR SEWER SERVICE Councilmember Rouse made a motion to hear the July 24, 2006 substitute version (short version) of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kirsits, Chairperson, Utilities Committee, reported that this Committee held a joint Public Hearing with the Public Works and Property Vacation Committee this afternoon and voted to send the substitute version dated July 24, 2006 (short version) of this bill to the full Council with a favorable recommendation. Councilmember Kirsits and Councilmember Varner made the presentation for this bill. Councilmember Kirsits stated that this bill allows authorization to enter into special rate contracts/Council Resolution Required. These contracts shall only become effective upon the adoption of a Council Resolution ratifying the Board of Public Work’s action. Councilmember Varner stated that this bill will allow more input from the general public before entering into a special rate contract. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mayor Stephen Luecke, 1400 County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, stated that he supports Council review in the authorization to enter into special rate contracts. 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 Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 47-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT SOLICITATION IN THE STREETS 6 REGULAR MEETING AUGUST 14, 2006 Councilmember White, Chairperson, Health and Public Safety Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Ann-Carol Nash, Assistant City Attorney, 1400 County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Nash stated that this bill amends Section 18-20 of the South Bend Municipal Code to add a new subsection which prohibits individuals from stepping into any street or alley for the purposes of soliciting, selling, or distributing. The City Administration has received a number of complaints over the course of the past year of individuals in traffic at busy intersections soliciting donations or selling products. The solicitors are sometimes children. 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 Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 43-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $186,781 OUT OF FUND 641 TO PAY COSTS FOR INCREASED WATER WORKS MANAGEMENT FEES Councilmember Puzzello made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kirsits, Chairperson, Utilities Committee, reported that this committee held a Public Hearing on this substitute bill this afternoon and sends it to the full Council with a favorable recommendation. John J. Dillon, Director, Environmental Services, 3113 Riverside Drive, South Bend, Indiana, made the presentation for this bill. Mr. Dillon advised that the amendment is due to the removal of the first Section II. The duplicate paragraph was just recognized in the informal meeting this afternoon. Additionally, this bill allows for the appropriation of $186,781 out of Fund 641 to pay costs for increased Water Works Management fees. In 2006 the Indiana Utility Regulatory Commission increased the revenue requirement that the South Bend Water Works receives from the South Bend Sewage Works by $186,781. This bill would allow for those payments. 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 as substituted. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 44-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $60,365 OUT OF FUND 611 TO PAY COSTS FOR ADDITIONAL SOLID WASTE CONTAINERS 7 REGULAR MEETING AUGUST 14, 2006 Councilmember Kirsits, Chairperson, Utilities Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. John J. Dillon, Director, Environmental Services, 3113 Riverside Drive, South Bend, Indiana, made the presentation for this bill. Mr. Dillon advised that this bill allow for the appropriation of $60,365 out of Fund 611 to pay costs for additional solid waste containers. In 2005 the City received funds for the purpose of purchasing containers for it’s Solid Waste program. These containers were distributed during the summer and fall of 2005. This appropriation will allow for 1,176 additional containers to be used as replacements for containers that have been lost or stolen and also for new customers. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Charlotte Bridges, 222 S. Dundee, South Bend, Indiana, stated that she is in favor of this bill. She is planning on building a new home in the City of South Bend and would like to have a nice container. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Pfeifer 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 nine (9) ayes. BILL NO. 45-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $159,145 OUT OF FUND 649 TO MAKE THE FIRST INTEREST PAYMENT ON THE 2006 SEWAGE WORKS REVENUE BOND Councilmember Kirsits, Chairperson, Utilities Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. John J. Dillon, Director, Environmental Services, 3113 Riverside Drive, South Bend, Indiana, made the presentation for this bill. Mr. Dillon advised that this bill would appropriate $159,145 for December’s interest payment on 2006 Sewage Works Revenue Bonds. The interest payment for the Sewage Works Revenue Bonds sold in May 2006 was not identified in the 2006 Sewage Works budget request last September. This bill would allow for this payment. 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 Puzzello 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 nine (9) ayes. RISE AND REPORT Councilmember Pfeifer made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 8 REGULAR MEETING AUGUST 14, 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 8:10 p.m. Council President Rouse presided with nine (9) members presents BILLS – THIRD READING ORDINANCE NO. 9688-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1954 PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6, 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 nine (9) ayes. ORDINANCE NO. 9689-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1954 PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9690-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4323 SOUTH MICHIGAN STREET AND 119 NORMAN STREET, COUNCILMANIC DISTRICT NUMBER FIVE (5) IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Dieter made a motion to consider the substitute version of this bill as it was in the Committee of the Whole. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Dieter made a motion to pass this bill as substituted. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9691-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 5, SECTION 17-29 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AUTHORIZATION TO ENTER INTO SPECIAL RATE CONTRACTS FOR SEWER SERVICE 9 REGULAR MEETING AUGUST 14, 2006 This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill as it was in the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Dieter made a motion to pass this bill as substituted. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9692-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT SOLICITATION IN THE STREETS This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9693-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $186,781 OUT OF FUND 641 TO PAY COSTS FOR INCREASED WATER WORKS MANAGEMENT FEES This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill as it was in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Dieter made a motion to pass this bill as substituted. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9694-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $60,365 OUT OF FUND 611 TO PAY COSTS FOR ADDITIONAL SOLID WASTE CONTAINERS This bill had third reading. Councilmember Kirsits made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9695-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $159,145 OUT OF FUND 649 TO MAKE THE FIRST INTEREST PAYMENT ON THE 2006 SEWAGE WORKS REVENUE BOND This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS 10 REGULAR MEETING AUGUST 14, 2006 RESOLUTION NO. 3620-06 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 640 AND 560 WEST IRELAND ROAD, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes 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: (640 and 560 West Ireland Road, South Bend, Indiana 46614) In order to permit: The Approval of a Special Exception to allow the operation of a Automotive sales, repair and service facility on property presently zoned “CB” Community Business 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. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 11 REGULAR MEETING AUGUST 14, 2006 s/Timothy A. Rouse Member of the Common Council Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Chuck Bulot, Assistant Zoning Administrator, Building Department, 125 S. Lafayette Blvd, Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Bulot advised that the petitioner Anchor South Bend LLC is seeking a Special Exception to allow the operation of automobiles sales, repair and service facility in a “CB” Community Business District. Additionally, Mr. Bulot advised that this bill is sent to the Common Council with a favorable recommendation. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 06-74 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 2720 MISHAWAKA AVENUE, SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Chuck Bulot, Assistant Zoning Administrator, Building Department, 125 S. Lafayette Blvd, Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Bulot advised that the petitioner Turners of Michiana is seeking a Special Exception to allow a fraternal organization in a “MU” Mixed Use District. Additionally, Mr. Bulot advised that this bill is sent to the Common Council with a Favorable Recommendation. Due to lack of a presenter, Councilmember Puzzello made a motion to continue this bill until the August 28, 2006 meeting of the Council and sent back to the Zoning & Annexation Committee. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3621-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1215 S. WALNUT STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC 12 REGULAR MEETING AUGUST 14, 2006 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 Lock Joint Tube, South Bend, Indiana, and which is more particularly described as follows: A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest ¼ of Section 14, and the Northeast ¼ of Section 15, Township 37 North, Range 2 East, bounded by the following described line: beginning at a point in the West line of Walnut Street, 682.75 feet south of the South line of Sample Street, which point is 31 feet South of the Sanders and Egbert Tract, as conveyed by deed recorded in Deed Record 118, Page 428 and Deed record 121, Page 320; thence on an assumed bearing of South 0°00’49” East along said West line of Walnut Street, 556.95 feet; thence South 89°55’05” West, 1200 feet; thence North 0°00’59” West parallel with said West line of Walnut Street, 589.19 feet to a point 651.75 feet south of the south line of Sample Street or the produced South line of the tract conveyed to F.C. Raff, recorded in Deed Record 172 Page 641; thence South 89°57’10” East along the South line above described tract produced East, 295 feet; thence South 0°00’49” East parallel with the West line of Walnut Street, 31 feet; thence North 89°57’16” East, 905 feet to the place of beginning, containing 15.565 acres, more or less. and which has Key Number 18-8021-0845.04, 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; WHEREAS, a review of the South Bend Redevelopment designation areas finds that the property is located in the Sample-Ewing Business District, which is a Tax Incremental Allocation Area; therefore, the petition for personal property must first be approved by the South Bend Redevelopment Commission. WHEREAS, a review of the South Bend Urban Enterprise Zone finds that the property is located in the Urban Enterprise Zone Area and may qualify for the Enterprise Zone Investment Deduction under I.C. 6-1.1-45 for the same property. 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 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 (5) five 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. 13 REGULAR MEETING AUGUST 14, 2006 SECTION III. The Common Council hereby determines that should the Company receive the Enterprise Zone Investment Deduction under I.C. 6-1.1-45 for the same property, this Tax Abatement designation shall become null and void. The Company may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6-1.1-45 for the same property. SECTION IV. 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. Richard Deahl, Attorney at Law, Barnes & Thornburg, LLP, 100 North Michigan Street, Suite 600, South Bend, Indiana, made the presentation for the Petitioner Lock Joint Tube, LLC. Mr. Deahl advised that the project consists of the acquisition and installation of new machinery and equipment including, without limitation, milling and fabricating equipment for use in Lock Joint Tube’s Walnut Street facility. The equipment will increase the efficiency and accuracy of precision milling and fabrication, as well as reduce scrap steel in the company’s operation. Investment in this new equipment will support the company’s ability to cut and fabricate heavier gauge steel with more precision, thereby enhancing the company’s position with a competitive market. The projected costs for the equipment is estimated between $2.2 and $3.2 million. Total taxes abated during he five-year period range from $134,451 to $195,565, depending upon the final amount the company will invest in the new equipment. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3622-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS PORTAGE PRAIRIE DEVELOPMENT AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (9) NINE-YEAR REAL PROPERTY TAX ABATEMENT FOR HURON PARTNERS L.P. 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 Portage Prairie Development, South Bend, Indiana, and which is more particularly described as follows: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER, SAID CORNER BEING MARKED BY A HARRSION MONUMENT; THENCE SOUTH 0° 12 MINUTES 46 SECONDS EAST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1517.36 FEET; THENCE NORTH 89° 44 MINUTES 25 SECONDS EAST, A DISTANCE OF 500.96 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89° 44 14 REGULAR MEETING AUGUST 14, 2006 MINUTES 25 SECONDS EAST, A DISTANCE OF 502 FEET; THENCE SOUTH 0° 15 MINUTES 35 SECONDS EAST, A DISTANCE OF 1150 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89° 57 MINUTES 13 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 502.01 FEET; THENCE NORTH 0° DEGREES 15 MINUTES 35 SECONDS WEST A DISTANCE OF 1147.32 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 13.238 ACRES, MORE OR LESS. and which has no Key Number at this point and time, 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 remonstrance’s 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 Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of nine (9) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of 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 Councilmember White made a motion to amend this bill, by correcting Section II. to delete three (3) years and insert nine (9) years. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Frank Perri, 227 South Main Street, South Bend, Indiana, made the presentation for this bill. Mr. Perri advised that Huron Partners will be constructing a $5,000,000 development known as the “Huron.” It is a speculative, 150,000 square-foot, light-industrial building tat will house multiple tenants performing a variety of business functions, such as a medical supply company, data storage facility, or printing company. The building will be constructed using pre-cast concrete panels. The building will be the first improvement of the Portage Prairie project, which expects to produce over $350 million in private investment. It is extremely important that the first building be successful, as it will provide momentum for the Portage Prairie project, which has an expected build out of 12 to 15 years. Total taxes abated during the (9) nine-year period is $847,679. 15 REGULAR MEETING AUGUST 14, 2006 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 as amended. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3623-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4260 RALPH JONES DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (7) SEVEN YEAR REAL PROPERTY TAX ABATEMENT FOR LNW PARTNERS, LLP, D/B/A WE R XHIBITS, INC. 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 (COMPANY ADDRESS), South Bend, Indiana, and which is more particularly described as follows: TOLL ROAD INDUSTRIAL PARK, SECTION 5, LOTS 12A AND 12B, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. and which has Key Numbers 25-1013-0211.16 and 25-1013-0211.17, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the e 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 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 Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (7) seven years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of 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. 16 REGULAR MEETING AUGUST 14, 2006 Timothy A. Rouse Member of the Common Council Mr. Bill Henningfield, 4260 Ralph Jones Drive, South Bend, Indiana, made the presentation for this bill. Mr. Henningfield advised that LNW Partners, LLP, d/b/a We R Xhibits, Inc., is a full- service exhibit business that designs and manufactures trade show exhibits. They provide a full line of services from the design and manufacture of exhibits, to trucking the client’s exhibits to their destination, to set up and break down of the exhibits and, finally, storage of the clients’ trade show exhibits. The company plans to construct a 13,500 square foot addition onto the existing 24,000 square foot building. The new structure will permit the petitioner to store the clients’ exhibit properties, as well as allow the firm to expand its manufacturing area. The addition will also be used as an exhibit set-up area to facilitate production, refurbishing, and client viewing. The estimated cost of the addition is $300,000. Total taxes abated during the (7) seven-year abatement period is $40,914.00. Per the petition, it is estimated that the total project will create (2) two new, permanent, full-time jobs and (1) new, permanent, part-time job representing a new annual payroll of $88,500. The project will also maintain (13) thirteen existing, permanent, full-time jobs and (1) one existing, permanent, part-time job representing an annual payroll of $563,500. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kuspa made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3624-06 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 128 SOUTH MICHIGAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND CHOCOLATE COMPANY 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 128 South Michigan Street, South Bend, Indiana, and which is more particularly described as follows: Parcel 1: The North Half of Lot Numbered Forty-two (42) and a strip of land in width, North and South, taken off of and from the entire length of the South side of a Lot Numbered Forty-three (43) in the Town of South Bend, being a part of the Northwest Fractional Quarter of Section 12, and the Southwest Fractional Quarter of Section 1 all in Township 37 North, Range 2 East of the Second Principal Meridian according to the plat thereof recorded March 28, 1831, in Deed Record A, page 13, in St. Joseph County, Indiana. Parcel II: A part of Lot Numbered Forty-three (43) as shown on the Original Plat of the Town, now City of South Bend, which part is bounded by a line running as follows: Beginning on the East line of the South Michigan Street in said City, at a point 3 feet North of the Southwest 17 REGULAR MEETING AUGUST 14, 2006 corner of said Lot Numbered 43; thence running North on said East line of South Michigan Street, a distance of 18 feet; thence East 165 feet to the East line of said lot; thence South on said East line 18 feet; thence West 165 feet to the place of beginning. Parcel III: Beginning 21 feet North of the Southwest corner of Lot Numbered Forty-three (43) in the Original Plat of the Town now City of South Bend; thence North 18 ½ feet; thence East to the East line of said Lot Numbered Forty-three (43); thence South 18 ½ feet; thence West to the place of beginning. and which has Key Numbers 18-3001-0014; 18-3001-0015; and 18-3001-0016 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; 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 18 REGULAR MEETING AUGUST 14, 2006 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 (5) five years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Roland 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. Robert Radde, South Bend Chocolate Company, 52175 Carriage Hills Drive, South Bend, Indiana, made the presentation on behalf of the owner, Mark Tarner. Mr. Radde advised that the South Bend Chocolate Company is planning the development of a new retail store called the South Bend Candy, Card & Convenience Store, along with expansion of the existing café and restaurant. A family area called the Play Café will include the installation of a high-tech video infrared computer game system and state-of- the-art signage and displays. This retail development will connect with the Gridiron Row building ad allow for expansion of both the chocolate café and the restaurant space. The Chocolate Café and the restaurant would occupy the small building adjacent to their current locations. Additional space will be rented to other retail stores. Total taxes abated during the (5) five-year abatement period is between $77,166 and $128,610 A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 19 REGULAR MEETING AUGUST 14, 2006 RESOLUTION NO. 3625-06 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 907 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GERALDINE MEEHAN AND CYRIL O’REGAN 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 (ADDRESS), South Bend, Indiana, and which is more particularly described as follows: That part of the West half of the Northeast quarter of Section 1, Township 37 North, Range 2 East, St. Joseph County, Indiana, which is known as Lot B of the Plat of Sorin’s ndrd 2 Addition, 3 Replat as recorded April 18, 2006, as Document No. 0614319 in the Office of the Recorder of St. Joseph County , and this property has Tax Key Number 18-5107-3788be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: 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 20 REGULAR MEETING AUGUST 14, 2006 E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published 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 21 REGULAR MEETING AUGUST 14, 2006 Councilmember Roland 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. Ms. Geraldine Meehan, 52020 Brendan Hills, Granger, Indiana, made the presentation for this bill. Ms. Meehan advised that she and her husband are planning to construct a 2,200 square foot, four-bedroom, three-bath, two story residential home with a front porch and a two- car garage. The construction of this home will help to anchor the area of North Notre Dame between Howard Street and Corby Avenue, and will serve as the primary residence for a family of three. The price of the home will be $300,000. Total taxes abated during the (5) five-year abatement period is $11,420.64. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3626-06 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 202 SOUTH DUNDEE STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CHARLOTTE BRIDGES 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 202 South Dundee Street, South Bend, Indiana, and which is more particularly described as follows: Parts of the NW Quarter of Section 10, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, LaSalle Park, Lots 103 and 104 , and this property has Tax Key Number 18-4056-2048 and 18-4056-2050be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 22 REGULAR MEETING AUGUST 14, 2006 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. 9394-03, which was passed on February 10, 2003: 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. 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 23 REGULAR MEETING AUGUST 14, 2006 (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 Roland 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. Ms. Charlotte Bridges, 222 S. Dundee, South Bend, Indiana, made the presentation for this bill. Ms. Bridges advised that she intends to construct a 2,500 square foot, three bedroom, two-bath, ranch style frame home with brick trim on the lower portion of the home, along with a two-car garage and a basement. The home will be constructed on an infill lot. The price of the home will be $80,000. Total taxes abated during the (5) five-year abatement period is $4,575.00. 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 White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 06-82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 515 SOUTH LIBERTY STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY Councilmember White made a motion to accept the Petitions request to withdraw this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILLS, FIRST READING 24 REGULAR MEETING AUGUST 14, 2006 BILL NO. 48-06 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1210 MIAMI STREET, SOUTH BEND, INDIANA, 46601 COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to amend this bill to correct the Councilmanic District from 1 to 3. Councilmember Dieter seconded the motion which carried. Additionally, Councilmember Puzzello made a motion to refer this amended bill to the Area Plan Commission. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 49-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN PROPERTY GENERALLY LOCATED EAST OF EDDY STREET, WEST OF IVY ROAD AND SOUTH OF AND INCLUDING EDISON ROAD (AS RE-ALIGNED IN PORTAGE TOWNSHIP AND CONTIGUOUS THEREWITH COUNCILMANIC DISTRICT NO. 4, UNIVERSITY OF NOTRE DAME DU LAC This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 50-06 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5117 SOUTH IRONWOOD DRIVE, COUNCILMANIC DISTRICT NO. 5, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 51-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 1, BRICK ROAD RIGHT OF WAY, A WEDGE OF PROPERTY LOCATED ALONG THE NORTH SIDE OF BRICK ROAD ON THE PROPERTIES LOCATED AT 51933 ORANGE ROAD 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 October 9, 2006 and Third Reading on October 23, 2006. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 25 REGULAR MEETING AUGUST 14, 2006 BILL NO. 52-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 1, SOUTHWEST CORNER OF OLIVE ROAD AND BRICK ROAD RIGHT OF WAY, 25401 BRICK ROAD, EAST 50 FEET WEST OF OLIVE ROAD AND A WEDGE ALONG THE NORTH SIDE OF THE PROPERTY ALONG THE 25000 BLOCK OF BRICK ROAD 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 October 9, 2006 and Third Reading on October 23, 2006. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 53-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CENTRE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 5, SOUTHFIELD LAKE, 61362 MIAMI ROAD This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to address this Council at this time. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 8:46 p.m. ATTEST: ATTEST: __________________________ _________________________ John Voorde, City Clerk Timothy A. Rouse, President 26