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HomeMy WebLinkAbout10-09-06 Council Meeting Minutes REGULAR MEETING OCTOBER 9, 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, October 9, 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 Absent: 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 September 25, 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 Kuspa made a motion that the minutes of the September 25, 2006, meeting of the Council be accepted and placed on file. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 3647-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP, BRICK ROAD ANNEXATION AREA 1 REGULAR MEETING OCTOBER 9, 2006 WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately .37 acres of agricultural land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 63% contiguous, generally located along the north side of Brick Road near the intersection with Orange Road. It is anticipated that the annexation area will be developed for public right-of-way as part of a widening project for Brick Road. The new road will require a basic level of municipal public services of a non- capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non- capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non- capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the City of South Bend Board of Public Works and Board of Public Safety have each approved a written fiscal plan and established a policy which the Common Council finds to be appropriate and in the best interests of the City and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in German Township, St. Joseph County, Indiana, be annexed to the City of South Bend: Parcel 2 Fee A part of the South Half of Section 18, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, and being that part of the grantor's land lying within the right-of-way lines depicted on the attached Right-of-Way Parcel Plat marked Exhibit "B", described as follows: Beginning on the south line of said section South 89 degrees 39 minutes 08 seconds East 572.30 feet from the southwest corner of said section, designated as point "12" on said Exhibit "B"; thence North 0 degrees 20 minutes 52 seconds East 20.00 feet to the north boundary of Brick Road and the point designated "3015" on said Exhibit "B"; thence North 86 degrees 38 minutes 27 seconds East 510.17 feet to an east line of the grantor's land; thence South 0 degrees 05 minutes 53 seconds West 52.97 feet along said east line to the south line of said section; thence North 89 2 REGULAR MEETING OCTOBER 9, 2006 degrees 39 minutes 38 seconds West 96.92 feet along said south line to the point designated "3" on said Exhibit "B"; thence North 89 degrees 39 minutes 08 seconds West 412.41 feet along said south line to the point of beginning and containing 0.427 acres, more or less, inclusive of the presently existing right-of-way which contains 0.234 acres, more or less, for a net additional taking of 0.193 acres, more or less. Parcel 4 Fee A part of the Southwest Quarter of Section 18, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, and being that part of the grantor's land lying within the right-of-way lines depicted on the attached Right-of-Way Parcel Plat marked Exhibit "B", described as follows: Commencing at the southeast corner of said quarter section, designated as point "459" on said Exhibit "B"; thence North 89 degrees 39 minutes 38 seconds West 835.34 feet (distance quoted from Inst. #7715202) along the south line of said quarter section to the prolonged west boundary of Orange Road; thence North 0 degrees 05 minutes 53 seconds East 87.81 feet (distance quoted from Inst. #7715202) along the prolonged west boundary of said Orange Road to the north boundary of Brick Road; thence North 89 degrees 48 minutes 28 seconds West 68.29 feet (distance quoted from Inst. #7715202) along the north boundary of said Brick Road to the northwestern boundary of said Brick Road; thence South 70 degrees 14 minutes 24 seconds West 65.86 feet (distance quoted from Inst. #7715202) along said northwestern boundary to the point designated "10062" on said Exhibit "B" and the point of beginning of this description; thence South 70 degrees 14 minutes 24 seconds West 130.95 feet along said northwestern boundary to the north boundary of said Brick Road; thence North 89 degrees 39 minutes 38 seconds West 135.83 feet (distance quoted from Inst. #7715202) along said north boundary to the west line of the grantor's land; thence North 0 degrees 05 minutes 53 seconds East 32.97 feet along said west line to the line between the point designated "3015" and the point designated "3016" on said Exhibit "B"; thence North 86 degrees 38 minutes 27 seconds East 186.48 feet along said line to said point "3016"; thence South 89 degrees 39 minutes 38 seconds East 72.84 feet to the point of beginning and containing 0.178 acres, more or less. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend, by and through its Board of Public Works, to furnish to said territory services of a non-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. That the South Bend Common Council shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit “A”, and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area; that street lighting, parking and will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Section IV. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. If possible, the site should include open space that could be linked in the future to other areas nearby as part of a larger multi-use path/open space network. It should also be required that neo-traditional building/site design elements be included in terms of context, setback, orientation, spacing, style, 3 REGULAR MEETING OCTOBER 9, 2006 massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality. It is required that the annexation area integrate harmoniously with the surrounding land uses. Building plans and other information to satisfy these requirements must be provided by the Developer to the City. Failure to comply with the terms and conditions of this Section IV may result in the City’s repeal of annexation. Section V. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. Mr. Marco Mariani, Assistant Director, Division of Community Development, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Mariani advised that this annexation is a .37 acre parcel located at the north side of Brick Road near the intersection of Orange Road. Mr. Mariani noted that on page 9 of the fiscal plan Section IV. Land Use Analysis & Development Criteria paragraph 2 the acreage should be changed from 1,129 acres to .37 acres. Mr. Mariani further noted that the annexation area is currently used for agriculture. The land is slated to be used for public right-of-way as part of the widening of Olive Road. The site is zoned “R” Residential in unincorporated St. Joseph County. It is proposed to be zoned “SF1” Single-Family upon approval of the City Council and incorporation into the City of South st Bend. The Annexation Area will be in the 1 District. The public sanitary sewer network is available with sufficient capacity to serve this area and more. A 16 inch water main on Olive Road is looped at Brick Road and Nimtz Parkway. There is also an elevated water storage tank nearby providing more than adequate capacity for this area. The City of South Bend/Redevelopment Commission will install street lighting as part of the roadway improvement project. Additional revenue to the General Fund from this annexation area will be sufficient to pay for street light operations. No capital expenditure will be needed to extend street sweeping or snow removal service to the area. Additional gas tax reimbursement will pay for provision of these services. There are no waivers of annexation in effect for the Annexation Area. The proposed improvements are part of the Airport 2010 Master Plan Phase II and III and will facilitate economic development. The mileage of any existing road and any new roads that might be development within the property will add to the State’s payments to the Motor Vehicle Highway Fund and Local Road and Street Fund sufficient for street maintenance, sweeping, and snow removal. Runoff from this property is accommodated in the roadside drainage system being developed as part of a roadway improvement planned for Olive and Brick Road. Drainage facilities will be required to be constructed by the City of South Bend and meet the latest City of South Bend standards. The Annexation Area would be expected to be added to the already existing Beat 22. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. The Annexation Area will be serviced primarily by Station #11 located at 3505 N. Bendix Drive, approximately three point two (3.2) miles away. The Annexation Area will be added to Area 8 in the Department of Code Enforcement. Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. The Annexation Area will be used as right-of-way; therefore, solid waste services will not be required. Councilmember Puzzello made a motion to amend this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight ayes. A Public Hearing was held on the Resolution at this time. 4 REGULAR MEETING OCTOBER 9, 2006 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, as amended. Councilmember Puzzello seconded the motion which carried by a roll call vote of eight (8) ayes. RESOLUTION NO. 3648-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP, OLIVE ROAD ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 1.129 acres of agricultural land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 32% contiguous, generally located at the Southwest intersection of Olive Road and Brick Road. It is anticipated that the annexation area will be developed for public right-of-way as part of a widening project for Olive Road. This annexation area will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non- capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non- capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the City of South Bend Board of Public Works and Board of Public Safety have each approved a written fiscal plan and established a policy which the Common Council finds to be appropriate and in the best interests of the City and, which 5 REGULAR MEETING OCTOBER 9, 2006 it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in German Township, St. Joseph County, Indiana, hereto be annexed to the City of South Bend: Parcel 1 Fee A part of the West Half of the Northwest Quarter of Section 19, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, and being that part of the grantor's land lying within the right-of-way lines depicted on the attached Right-of-Way Parcel Plat marked Exhibit "B", described as follows: Beginning on the north line of said half-quarter section South 89 degrees 39 minutes 08 seconds East 442.51 feet from the northwest corner of said quarter section, designated as point "12" on said Exhibit "B"; thence South 89 degrees 39 minutes 08 seconds East 542.21 feet along said north line to the northeast corner of said half-quarter section, designated as point "3" on said Exhibit "B"; thence South 0 degrees 27 minutes 23 seconds East 1399.47 feet along the east line of said half-quarter section and the centerline of Olive Road to the northeast corner of a tract of land conveyed to the City of South Bend in Instrument #0334505, designated as point "158" on said Exhibit "B"; thence South 89 degrees 32 minutes 37 seconds West 55.00 feet along the north line of said City of South Bend tract to the point designated "738" on said Exhibit "B"; thence North 5 degrees 12 minutes 48 seconds East 50.61 feet to the point designated "3009" on said Exhibit "B"; thence North 0 degrees 27 minutes 23 seconds West 1295.00 feet to the point designated "3005" on said Exhibit "B"; thence North 47 degrees 19 minutes 46 seconds West 21.10 feet to the point designated "3004" on said Exhibit "B"; thence South 89 degrees 49 minutes 06 seconds West 112.00 feet to the point designated "3003" on said Exhibit "B"; thence North 86 degrees 36 minutes 21 seconds West 240.47 feet to the point designated "3002" on said Exhibit "B"; thence South 89 degrees 49 minutes 05 seconds West 100.00 feet to the point designated "3018" on said Exhibit "B"; thence South 89 degrees 49 minutes 05 seconds West 25.25 feet to the point designated "3001" on said Exhibit "B"; thence North 0 degrees 20 minutes 52 seconds East 30.01 feet to the point of beginning and containing 2.011 acres, more or less, inclusive of the presently existing right-of-way which contains 0.882 acres, more or less, for a net additional taking of 1.129 acres, more or less. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, by and through its Board of Public Works, to furnish to said territory services of a non-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. The South Bend Common Council shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit “A”, and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area; that street lighting, parking and will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. 6 REGULAR MEETING OCTOBER 9, 2006 Section IV. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. If possible, the site should include multi-use path/open space that could be linked in the future to other areas nearby as part of a larger open space network. Neo-traditional building/site design elements should be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality. It is required that the annexation area integrate harmoniously with the surrounding land uses. Building plans and other information to satisfy these requirements must be provided by the Developer to the City. Failure to comply with all conditions in this Section IV may result in the City’s repeal of annexation. Section V. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. Mr. Marco Mariani, Assistant Director, Division of Community Development, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Mariani advised that this bill proposes to voluntarily annex contiguous territory in German Township to the City of South Bend. The Annexation is a 1.129 acre parcel generally located at the southwest intersection of Brick and Olive Roads. Mr. Mariani noted that on page 9 of the fiscal plan Section IV. Land Use Analysis & Development Criteria, paragraph 2 the acre size should be changed from 1,129 to 1.129 acres in size. Mr. Mariani further advised that the annexation area is at least 1/8 or 12.5% contiguous to the current City limits. The Annexation Area is currently used for agriculture. The land is slated to be used for public right-of-way as part of the widening of Olive Road. The site is zoned “R” Residential in unincorporated St. Joseph County. It is proposed to be zoned “SF1” Single-Family. The Annexation Area is currently vacant. The st Annexation Area will be in the 1 District. The public sanitary sewer network is available with sufficient capacity to serve this area and more. There is a 15” diameter sanitary sewer on Olive Road and available to serve the frontage of this annexation area. A 16 inch water main in Olive Road is looped at Brick Road and Nimtz Parkway. There is also an elevated water storage tank nearby providing more than adequate capacity for this area. The City of South Bend/Redevelopment Commission will install street lighting as part of the roadway improvements project. Additional revenue to the General Fund from this annexation area will be sufficient to pay for street light operations. No capital expenditure will be needed to extend street sweeping or snow removal service to the area. Additional gas tax reimbursement will pay for provision of these services. No waivers of annexation are in effect for the Annexation Area. The proposed improvements are part of the Airport 2010 Master Plan Phase II and III and will facilitate economic development. The mileage of any existing road and any new roads that might be developed within the property will add to the State’s payments to the Motor Vehicle Highway Fund and Local Road and Street Fund sufficient for street maintenance, sweeping, and snow removal. Runoff from this property is accommodated in the roadside drainage system being developed as part of a roadway improvement planned for Olive and Brick Road. Drainage facilities will be required to be constructed by the City of South Bend and meet the latest City of South Bend standards.The Annexation Area would be added to the already existing Beat 22. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. The Annexation Area is located in an area of the city that is expected to continue to grow, 7 REGULAR MEETING OCTOBER 9, 2006 both in commercial development as well as residential. At this time it is not expected that this annexation would cause calls for service to increase significantly and it is not anticipated that it will be necessary to increase police patrols beyond the already existing beat patrol at this time. The area under consideration is not expected to cause any unusual problems. At the present time the cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possibly shifting of existing resources, such as a beat restructure. The Annexation Area will e serviced primarily by Station #11 located at 3505 N. Bendix Drive, approximately three point two (3.2) miles away. Additional Fire Department units would respond from Fire Station #7 located at 1616 Portage Avenue which is approximately five point five (5.5) miles away. Distance from Fire Stations and response times will greatly improve when the new Fire Station #12 is constructed in the future. The Annexation Area is currently being serviced by Medic #10, located at Fire Station #11 at 3505 N. Bendix Drive. Upon incorporation, the Annexation Area will be serviced by Medic #4, located at Fire Station #4, located at Olive Street. The annexation area will be added to Area 8 of the Department of Code Enforcement. Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. The annexation area will be used as right-of-way; therefore, solid waste services will not be required. Councilmember Puzzello made a motion to amend this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight ayes. 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 Puzzello made a motion to adopt this Resolution, as amended. Councilmember Dieter seconded the motion which carried by a roll call vote of eight (8) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m., Councilmember Kuspa made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) 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. 51-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 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 8 REGULAR MEETING OCTOBER 9, 2006 Councilmember Kuspa, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Mr. Nick Witwer, Department of Community & Economic Development, 1200 County- City Building, 227 W. Jefferson Blvd, South Bend, Indiana, made the presentation for this bill. Mr. Witwer advised that this bill would allow for the voluntary annexation of .37 acres located in German Township, St. Joseph County, Indiana, to be used as a right-of-way. Mr. Witwer further advised that the Brick Road right-of-way is a wedge of property located along the North side of Brick Road on the properties located at 51933 Orange Road. 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 Pfeifer made a motion for favorable recommendation and third reading on October 23, 2006. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 52-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, SOUTHWEST CORNER OF OLIVE RD. AND BRICK RD. RIGHT OF WAY, 24501 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 Councilmember Kuspa, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Mr. Nick Witwer, Department of Community & Economic Development, 1200 County- City Building, 227 W. Jefferson Blvd, South Bend, Indiana, made the presentation for this bill. Mr. Witwer advised that this bill would allow for the voluntary annexation of 1.129 acres located in German Township, St. Joseph County, Indiana, to be used as right-of-way. Mr. Witwer further advised that the right of way is located at the Southwest Corner of Olive Road and Brick Road with a Common Address of 25401 Brick Road, and the 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 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 and third reading on October 23, 2006. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. 9 REGULAR MEETING OCTOBER 9, 2006 BILL NO. 48-06 PUBLIC HEARING 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 Councilmember Pfeifer made a motion to strike this bill at the request of the petitioner. Councilmember Varner seconded the motion which carried by voice vote of eight (8) ayes. BILL NO. 50-06 PUBLIC HEARING 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 Councilmember Kuspa, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. th Mr. Mark, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. advised that the petitioner is requesting a zone change from “SF1” Single Family and Two Family to “OB” Office Buffer to allow the conversion of an existing house into office space. Mr. Lee Slavinskas, President, St. Joseph County 4H Fair, Inc., 5703 Bridgeton Lane, South Bend, Indiana, made the presentation for this bill. Mr. Slavinskas advised that the it is the desire to rezone the home located at 5117 S. Ironwood Road from SF1 Single Family and Two Family District to OB Office Buffer District. Mr. Slavinskas further advised that this home was used for the grounds keeper of the St. Joseph County 4H Fair. However, the current grounds keeper had a home located not far from the fairgrounds. The 4H Fair is a not-for-profit organization, and would like to generate income from renting the home. The 4H Fair would like to keep the home for future use in the event that it would be needed by the grounds keeper. 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 eight (8) ayes. BILL NO. 63-06 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF PLEASANT STREET FROM THE EAST TH RIGHT OF WAY LINE OF 26 STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET, MORE OR LESS, AND A WIDTH OF 14 ST FEET BEING A PART OF THE RIVER PARK 1 SUBDIVISION OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 10 REGULAR MEETING OCTOBER 9, 2006 Councilmember Puzzello made a motion to continue this bill until the October 23, 2006 meeting of the Council and send it to the Public Works and Property Vacation Committee. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 59-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY CLERK FOR CALENDAR YEAR Councilmember Pfeifer, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Mayor Stephen J. Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Luecke stated that this bill set the salary for himself along with the City Clerk, John Voorde. Mayor Luecke stated that the bill sets the salary at the 2006 wage, with no increase in 2007 and mirrors the wages package set for the non-bargaining employees. Mayor Luecke asked City Clerk John Voorde if he had any comments to add. City Clerk John Voorde responded that the ordinance is sad but true. 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 Pfeifer made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 64-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL TO ADD A NEW ECTION 2-170.9 ESTABLISHING A NON-REVERTING “PALAIS ROYALE HISTORIC PRESERVATION FUND” Councilmember Pfeifer, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Dennis Andres, Executive Director, Palais Royale, 105 W. Colfax Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Andres advised that this bill amends the South Bend Municipal Code Chapter 2, Article 14 to add a new section 2-170.9 establishing a non-reverting “Palais Royale Historic Preservation Fund.” This fund will assist in the continued historic preservation of the Palais Royale Building. Funds will accrue from a 2% charge for all services provided in connection with the use and rental of the Palais Royale facilities. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 11 REGULAR MEETING OCTOBER 9, 2006 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 eight (8) ayes. BILL NO. 61-06 PUBIC HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, COMMON COUNCIL APPROVING AND AUTHORIZING THE DOWNTOWN SOUTH BEND ECONOMIC IMPROVEMENT DISTRICT AND REGARDING CERTAIN RELATED MATTERS Councilmember Puzzello made a motion to continue this bill indefinitely at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: __________________________ ________________________ John Voorde, City Clerk Roland Kelly, 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 7:30 p.m. Council President Rouse presided with eight (8) member’s presents BILLS, THIRD READING ORDINANCE NO. 9704-06 AN ORDINANCE 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 third reading. Councilmember Varner made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 12 REGULAR MEETING OCTOBER 9, 2006 ORDINANCE NO. 9705-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY CLERK FOR CALENDAR YEAR This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9706-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL TO ADD A NEW SECTION 2-170.9 ESTABLISHING A NON-REVERTING “PALAIS ROYALE HISTORIC PRESERVATION FUND” This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3649-06 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 3636 GAGNON STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6 requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals make 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: (3636 Gagnon Street, South Bend, Indiana) In order to permit: The approval of a Special exception to allow for an outside storage area of 84,975 square feet which exceeds the maximum allowed outside storage area of 4,540 square feet (i.e. 13 REGULAR MEETING OCTOBER 9, 2006 20% of the existing building area) for property located at 3636 Gagnon Street, South Bend, Indiana per Section 21-04-01 (2) (e) of the City of South Bend Zoning Ordinance. 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, 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. Chuck Bulot, Assistant Building Commissioner, Building Department, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Bulot advised that the Petitioner is seeking a special exception to allow for an outside storage area from the maximum allowable 4,540 square feet to 84,975 square feet. Mr. Bulot further advised that this special exception is sent to the Common Council with a favorable recommendation. Mr. Richard Deahl, Attorney at Law, Barnes & Thornburg Law Firm, 100 N. Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Deahl advised that he is happy to join Ed Murphy, President of B & J Industries and Michael Danch, President Danch, Harner & Associates who is also a representative and prepared the site plan for your consideration on this bill. Mr. Deahl stated that B & J Industries is a processor and manufacturer. They process and cut steel rods for use for a number of industries including the truck & automotive assembly industries. B & J Industries found itself needing to acquire large amounts of additional inventory due to the fluctuation in steel prices, where by it’s customers would purchase larger quantities at prices they considered to be more favorable. In early 2005, B & J Industries took on this large amount of inventory and they expanded their outside storage to utilize a vacant area which was immediately north of its facility. The new 14 REGULAR MEETING OCTOBER 9, 2006 zoning ordinance that was passed does not allow this storage, so therefore that is why the special exception is needed. 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 Pfeifer made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3650-06 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 505 E. 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 make 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: 505 E. Ireland Road, South Bend, IN 46614 In order to permit: Retail Sales in an “O” Office 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; 15 REGULAR MEETING OCTOBER 9, 2006 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, 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. Chuck Bulot, Assistant Building Commissioner, Building Department, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Bulot advised that the petitioners are seeking a Special Exception to allow retail sales in an “O” Office District. The Board of Zoning Appeals held a public hearing on this bill on September 21, 2006 and sends it to the Council with a favorable recommendation. Mr. Tyler Glenn, 1507 E. Colfax Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Glenn stated that ROI Investments is seeking a special exception to allow retail sales in an “O” Zoning District. More specifically, the proposed retail sales include a jewelry store and a cellular phone company which will occupy 2,600 square feet of the total 3,800 square feet. Mr. Glenn noted that there is not a high turnover traffic volume that would be generated from these two tenants to cause conflict with the adjacent land uses. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3651-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 920 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MARK A. AND RUTH M. NOLL 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 16 REGULAR MEETING OCTOBER 9, 2006 WHEREAS, a Declaratory Resolution designated the area commonly known (ADDRESS), South Bend, Indiana, and which is more particularly described as follows: the North Half (1/2) of the West Half (1/2) of Lot Numbered One Hundred Twenty-One (121) as shown on the recorded Plat of Edward Sorin’s Second Addition to the Town of Lowell, now within and a part of the City of South Bend, recorded July 27, 1860, in Plat Book I, page 10, in the Office of the Recorder of St. Joseph County, Indiana. the South Half (1/2) of the West Half (1/2) of Lot Numbered One Hundred Twenty-One (121) as shown on the recorded Plat of Edward Sorin’s Second Addition to the Town of Lowell, now a part of the City of South Bend, recorded July 27, 1860, in Plat Book I, page 10, in the Office of the Recorder of St. Joseph County, Indiana , and this property has Tax Key Numbers 18-5106-3721 and 18-5106-2722be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 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 17 REGULAR MEETING OCTOBER 9, 2006 not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Dale DeVon, DeVon Custom Homes, Inc., 17871 S. R. 23, Granger, Indiana, made the presentation for this bill. Mr. DeVon advised that he is representing the owners Mark A. Noll and Ruth M. Noll. Mr. DeVon further noted that the Noll’s intend to construct a new, two-story residential dwelling of 2,360 square feet with approximately (8) eight rooms, a two-car garage and half-finished basement. The home will be constructed on a vacant lot as part of the Northeast Neighborhood Redevelopment Project. The estimated cost of the project will be $350,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS, FIRST READING BILL NO. 65-06 FIRST READING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF FUND 377 OF THE CIVIL 18 REGULAR MEETING OCTOBER 9, 2006 CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2007, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel & Finance Committee and set if for Public Hearing and Third Reading on October 23, 2006. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 66-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, CARMINE & MARIA MARTINO, SILVIO MARTINO & JOHN ROY, NORTHWEST CORNER OF VANESS STREET AND WILLIS AVENUE AND A PARCEL ON THE WEST SIDE OF BURDETTE STREET APPROXIMATELY 83 FEET NORTH OF VANESS STREET, SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 67-06 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 6, RANJAN J. AMIN, 60971 US 31 SOUTH, SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 68-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE AND SALE OF COUNTY ECONOMIC DEVELOPMENT INCOME TAX REFUNDING REVENUE BONDS OF THE CITY OF SOUTH BEND, INDIANA TO PROVIDE FUNDS FOR THE REFUNDING PRIOR TO MATURITY OF CERTAIN PREVIOUSLY ISSUED AND CURRENTLY OUTSTANDING 19 REGULAR MEETING OCTOBER 9, 2006 COUNTY ECONOMIC DEVELOPMENT INCOME TAX REVENUE BONDS, TOGETHER WITH EXPENSES INCURRED IN CONNECTION THEREWITH, INCLUDING THE COSTS OF THE ISSUANCE OF THE REFUNDING BONDS This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on October 23, 2006. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 69-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $200,000 OF MAJOR MOVES MONIES FROM FUND 202, MOTOR VEHICLE HIGHWAY TO COMPLETE ROAD PAVING WORK This bill had first reading. Councilmember Puzzello 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 October 23, 2006. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 70-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $8,055 FROM THE GENERAL FUND (FUND 101) FOR THE PURPOSE OF CONTINUING THE MISHAWAKA AVENUE FACADE MATCHING GRANT PROGRAM This bill had first reading. Councilmember Pfeifer 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 October 23, 2006. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 71-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $86,975 FROM THE COUNTY OPTION INCOME TAX FUND (FUND 404) FOR THE PURPOSE OF CONTINUING THE COMMERCIAL CORRIDOR FACADE MATCHING GRANT PROGRAM 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 October 23, 2006. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 72-06 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 619 N. COLLEGE STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 20 REGULAR MEETING OCTOBER 9, 2006 This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS BILL NO. 84-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS FOR SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, CARMINE & MARIA MARTINO NORTHWEST CORNER OF VANESS STREET & WILLIS AVENUE SOUTH BEND, INDIANA Councilmember Puzzello made a motion to strike Bill No. 84-06 at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS Councilmember Rouse advised that he and Councilmember Puzzello attended the presentation by Global Solutions on the privatization of operations at the Century Center. Councilmember Pfeifer advised that there is a meeting this week at the Century Center to discuss “Violence as a Disease.” This meeting is in conjunction with the “Enough is Enough” initiative. Councilmember Pfeifer stated that this meeting is free and open to the public. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 7:50 p.m. ATTEST: ATTEST: ___________________________ __________________________ John Voorde, City Clerk Timothy A. Rouse, President 21