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HomeMy WebLinkAbout11-13-06 Council Meeting Minutes REGULAR MEETING NOVEMBER 13, 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, November 13, 2006 at 7:00 p.m. The meeting was called to order by Council Vice-President Roland Kelly 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 Karen L. White At-Large Chairperson Committee of the Whole Absent: Timothy Rouse At-Large President 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 October 23, 2006, meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember Puzzello made a motion that the minutes of the October 9, 2006, meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS PRESENTATION FROM (VIP) VOLUNTEERS IN POLICING Lt. Richard Powers, South Bend Police Department made a presentation on behalf of the (VIPS) Volunteers in Policing. Lt. Powers stated that the volunteered hours to the South Bend Police Department as of October 31, 2006 was 8,996. Lt. Powers stated that the National Hourly Value is calculation annually by the Annually Independent Sector, a coalition of approximately 550 charities, foundations and corporate giving programs, calculates an hourly dollar value of volunteer time. The current value (2005) is $18.04 an hour. This value of volunteer time is based on the average hourly earnings of all production and non-supervisory workers on private non-farm payrolls (as determined by the Bureau of Labor Statistics). Independent Sector takes this figure and increases it by 12 percent to estimate for fringe benefits. Lt. Powers stated that the calculation of 8,996 1 REGULAR MEETING NOVEMBER 13, 2006 hours times the $18.04 amounts to $162,287.84, which was presented in a mock check to the Council. TWO APPOINTMENTS TO THE SOUTH BEND REDEVELOPMENT COMMISSION Vice-President Kelly stated that there are two appointments to the South Bend Redevelopment Commission that are going to expire December 31, 2006. Anyone th interested in apply may obtain applications from the Office of the City Clerk, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. RESOLUTIONS RESOLUTION NO. 3654-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE LASALLE CROSS INTERMEDIATE ACADEMY COUNTRY TEAM FOR WINNING THE 2006 SOUTH BEND SCHOOL CORPORATION’S TOURNAMENT TH CHAMPIONSHIP FOR THEIR 4 YEAR IN A ROW Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that LaSalle Intermediate Academy, located on the west-side of South Bend, Indiana, is one of the premier Magnet Schools in the South Bend Community School Corporation ; and Whereas, the Council notes that LaSalle has a student enrollment of 824 for the 2006-2007 academic year in grades 5-8 and while most elementary schools in the United States do not offer the opportunity to compete in cross country, LaSalle Intermediate Academy cross country program is widely respected throughout the region; and Whereas, the Common Council would especially like to publicly recognize Coach Brookshire and all of the following named student-athletes of the LaSalle Cross Country Teamand all of the individuals associated with the LaSalle Lions Cross Country Team who finished with a winning record of 5-0: Karla Alamilla Vanessa Hilson Byron Orvis Samantha Shepard Megan Beery Sean Horner Madalynne Orvis Kaitlin Spiess Bruce Bragg William Leonard Hannah Pietrzak Chrishana Stoner Ashleigh Bush Amina L. Ishaq Phoebe Plunkett Kevin Stopper Corie Butcher Eric Mannell Taelor Reese Lauren Strzelecki Trent Fletcher Ryan Manning Taloni Reese Maia Sutter Deric Foree Nora Mansfield Claire Rice Spencer Taljaard Karissa Foree Gabby Marzke Zoe B. Russell Jenna Thomas Haleigh Henderson Grant Marzke Diab Sara Adrian Villalobos Noah Henderson Rachel Nuner Andrew Sellers Now, Therefore, be it resolved, by the Common Council 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 congratulates each and every member of the LA SALLE INTERMEDIATE ACADEMY CROSS COUNTRY TEAMalong with their Principal, Janet Scott, and their Athletic Coordinator, Colleen Doyle, for winning the SOUTH BEND SCHOOL CORPORATION 2006 SCHOOL TOURNAMENT TH , CHAMPIONSHIP in Cross Countryfor the 4 year in a row. Section II. The South Bend Common Council believes that the hard-work, discipline, and dedication of the student-athletes on the LA SALLE INTERMEDIATE 2 REGULAR MEETING NOVEMBER 13, 2006 ACADEMY CROSS COUNTRY TEAMhas enabled each of them to be excellent role models with each team member bringing the highest of honors to themselves, their family and friends, the LaSalle Intermediate Center, the South Bend Community School Corporation and all of the residents of the City of South Bend, Indiana. Section III . The Common Council wishes the LA SALLE INTERMEDIATE ACADEMY CROSS COUNTRY TEAM the very best in the years ahead, both in the classroom and on the cross country field as they continue to bring honor to this Four Star School and the entire South Bend Community. Section IV . 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 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Kirsits, 722 Marquette Avenue, 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 the Cross Country Team Members and Athletic Coordinator, Ms. Colleen Doyle. 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. Ms. Colleen Doyle, Athletic Coordinator, LaSalle Intermediate Academy, South Bend, Indiana, thanked the Council for this honor. She stated that these kids ran, and ran, and ran, and ran, for the entire season. That’s all they did from August to October is run! Ms. Doyle stated that they are a great bunch of students who excel on the track and in the classroom. Councilmember Kirsits made a motion to adopt this Resolution by acclamation. Councilmember Kelly seconded the motion which carried. RESOLUTION NO. 3655-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE LASALLE GIRLS’ INTERMEDIATE ACADEMY SOCCER TEAM FOR WINNING THE 2006 SOUTH BEND SCHOOL CORPORATION’S TOURNAMENT RD CHAMPIONSHIP FOR THEIR 3 YEAR IN A ROW Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that LaSalle Intermediate Academy, in addition to being one of the premier Magnet Schools in the South Bend Community School Corporation also provides and promotes athletic programs and opportunities which allow girls to learn and enjoy the sport of soccer as well as enhance skills which are taught at the highest level by their coaches and managers who promote fair play and good sportsmanship; and 3 REGULAR MEETING NOVEMBER 13, 2006 Whereas, the Council notes that this academic year LaSalle has a student enrollment of approximately 750 in grades 5-8 who have been chosen to be part of a specialized, rigorous and comprehensive academic program as epitomized by their 96.3% attendance rate and ISTEP scores of 96.8% in all tested grades in E/LA and Math; and Whereas, the Common Council would especially like to publicly recognize Coach , Rerick and Volunteer Coach Chlebekthe following named student-athletes of the LaSalle Intermediate Academy Girls Soccer Teamand all of the individuals associated with the LaSalle Lions who went undefeated this year with a great record of 9-0: Maria Alamilla Breanna Ferency Stacey Hogan Sarah Mark Cecilia Carrillo Talan Fielder Tara Kanczuzewski Sarah Mee Gwendolyn Chlebek Evelyn Gonzalez Kelsey Kirbie Sophie Plunkett Kendra Combs Elizabeth Harper Sarah O. Klopfenstein Katelyn Sellers Hauersperger Jaquese Derrickson Madelyn Lindsey Kuitse Ashleigh South Mackenzie Heighway Zamyra Magallon Now, Therefore, be it resolved, by the Common Council 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 congratulates each and every member of the LA SALLE INTERMEDIATE ACADEMY GIRLS SOCCER TEAM along with their Principal, Janet Scott, and their Athletic Coordinator, Colleen Doyle, for winning the SOUTH BEND SCHOOL CORPORATION 2006 SCHOOL TOURNAMENT CHAMPIONSHIPfor the 3rd year in a row. Section II. The South Bend Common Council believes that the hard-work, discipline, and dedication of the student-athletes on the LA SALLE INTERMEDIATE ACADEMY GIRLS SOCCER TEAM has enabled each of them to be excellent role models with each team member bringing the highest of honors to themselves, their family and friends, the LaSalle Intermediate Center, the South Bend Community School Corporation and all of the residents of the City of South Bend, Indiana. Section III . The Common Council wishes the LA SALLE INTERMEDIATE ACADEMY GIRLS SOCCER TEAMthe very best in the years ahead, both in the classroom and on the soccer field as they experience and learn from the value of such athletic competition as an integral and vital part of the total school experience where such activities provide opportunities to learn the values of competition and good sportsmanship. Section IV . 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 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor 4 REGULAR MEETING NOVEMBER 13, 2006 Councilmember Varner, 1306 Clayton Drive, 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 the member of the Girl’s Soccer Team and Athletic Coordinator, Ms. Colleen Doyle. 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. Ms. Colleen Doyle, Athletic Coordinator, LaSalle Intermediate Academy, South Bend, Indiana, thanked the Council for this honor. She advised that she loves her jobs. She stated that she will never leave. Ms. Doyle stated that the students, faculty, and parent participation is overwhelming at LaSalle. The students are the best of the best in the South Bend Community School Corporation, and work very hard to participate in sports and keep up their grades, and attendance. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Pfeifer seconded the motion which carried. RESOLUTION NO. 3656-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE LASALLE BOYS INTERMEDIATE ACADEMY FOOTBALL TEAM FOR WINNING THE 2006 SOUTH BEND SCHOOL CORPORATION’S TOURNAMENT CHAMPIONSHIP AND 2006 LEAGUE CHAMPIONSHIP Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that LaSalle Intermediate Academy, located at 2701 West Elwood Avenue in South Bend, Indiana, is one of the premier Magnet Schools in the South Bend Community School Corporation ; and Whereas, the Council notes that LaSalle has a student enrollment of approximately 750 in grades 5-8 who are chosen to be part of a specialized, rigorous and comprehensive academic program as epitomized by their 96.3% attendance rate and ISTEP scores of 96.8% in all tested grades in E/LA and Math; and Whereas, the Council would especially like to publicly recognize David Lichtenbarger, Head Coach and Assistant Coach Swanson,the following named student- athletes of the LaSalle Boys Football Teamand all of the individuals associated with the LaSalle Lions who finished with a winning record of 8-0-1, and beat Jackson Middle by a score of 26-0 in the City Championship Game: Qadeem Abdul-Hadi Matthew Cealka Terrance Grant Zachary Manges Charles J. Taylor Miles Andrews Nathan Coddens Roosevelt Green, Jr. Roland Marton Andrew Teall Malcolm Bailey Nicholas Cook Myles Guest Jordan Metz Langston Troupe Logan Baker Andrew Cuthbert Keith Hibbs Austin Portolese Chris Vann Ryan Bane Garrett Czosnowski Bradley M. Horner Alfredo Rangel Alexander A.J. Yeh Read Beauchamp Phillip Derrickson Tyler Johnson Tiler Reese Kelsey Medich, Mgr Kameron Berry Gehrig Dieter Trevon Love Charles T. Rinehart Brianna Deka, Mgr Eric Bill Martin Duchossois Alfonso Mack Adam Soisson Darian Brown Clifford Gonzalez Michael Malone Jordan Starnes Now, Therefore, be it resolved, by the Common Council 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 congratulates each and every member of the LA SALLE 5 REGULAR MEETING NOVEMBER 13, 2006 INTERMEDIATE ACADEMY BOYS FOOTBALL TEAMalong with their Principal, nd Janet Scott, and their Athletic Coordinator, Colleen Doyle, for winning for the 2 year in a row the SOUTH BEND SCHOOL CORPORATION 2006 SCHOOL TOURNAMENT CHAMPIONSHIP and the 2006 LEAGUE CHAMPIONSHIP Section II. The South Bend Common Council believes that the hard-work, discipline, and dedication of the students on the LA SALLE INTERMEDIATE ACADEMY BOYS FOOTBALL TEAMhas enabled each of them to be excellent role models with each team member bringing the highest of honors to themselves, their family and friends, the LaSalle Intermediate Center, the South Bend Community School Corporation and all of the residents of the City of South Bend, Indiana. Section III. The Common Council wishes the LA SALLE INTERMEDIATE ACADEMY BOYS FOOTBALL TEAM the very best in the years ahead, both in the The World is classroom and on the playing field as they live by their school’s motto that “ Our Classroom ”. Section IV. 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 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Dieter, 1st District Councilmember, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to the Members of the Football Team and the Athletic Coordinator, Ms. Colleen Doyle. A Public Hearing was held on the Resolution at this time. Ms. Doyle, Athletic Coordinator, LaSalle Intermediate Academy, South Bend, Indiana, thanked the Council for this honor. She advised that when LaSalle Academy began it was said that the student’s that participated in athletics were going to be know as the “Nerds”, however, it should be called “Revenge of the Nerd’s” for they have demonstrated that academics can be mixed with athletics to achieve “Excellence.” Councilmember Pfeifer made a motion to adopt this Resolution by acclamation. Councilmember Kirsits seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:30 p.m., Councilmember Puzzello made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, presiding. Councilmember White explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code and that pamphlets were available to the public, which outline the Council rules and procedures, and are located on the railing in the Council Chambers. 6 REGULAR MEETING NOVEMBER 13, 2006 PUBLIC HEARINGS 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 RIGHT OF WAY TH LINE OF 26 STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET, MORE OR LESS, AND A WIDTH OF 14 FEET. BEING A PART OF THE RIVER ST PARK 1 SUBDIVISION OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Puzzello made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Varner, Chairperson, Public Works and Property Vacation 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. th Gary Gilot, Director of Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd, South Bend, Indiana, reported that the Engineering Department indicated that the neighbors north and south should provide cross-access easements to each other or otherwise agree on disposition of the vacated area. Mr. Gilot further noted that the Board of Public Works submits this bill to the Council with a favorable recommendation. Mr. Eric Marshall, Attorney at Law, 1318 Mishawaka Avenue, South Bend, Indiana, made the presentation on behalf of his clients, John R. & Cindy L. Davis and Jason Taylor. Mr. Marshall advised that the petitioners are requesting the first east/west alley north of thst Pleasant Street from the east row line of 26 St. to the 1 north/south alley for a distance of 165 feet and a width of 14 feet. Mr. Marshall reported that Mr. Davis has experienced numerous act of vandalism to his property, as well as unsafe speeds and an excess of vehicle traffic down this alley. This vacation would allow for the quality of life to return to the property owners contiguous to this alley. Mr. Marshall stated that a compromise was mentioned in the Committee meeting to allow the alley to be used for pedestrian traffic only. Mr. Marshall stated that this would not stop the vandalism. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Martha Lewis, 308 S. Frances, South Bend, Indiana, spoke in favor of this bill. Ms. Lewis indicated that she is the Citizen Member on the South Bend Common Council’s Residential Neighborhood Committee a committee that oversees the various activities of the Neighborhood Partnership Centers & issues related to neighborhood development and enhancement. Ms. Lewis stated that she was in favor of closing this alley. She stated that after hearing comments made in the Committee meeting this afternoon, there’s just too many people using this alley as a main thoroughfare. She further noted that the combination of vehicle traffic and pedestrian traffic is not a good combination. There was no one else present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. 7 REGULAR MEETING NOVEMBER 13, 2006 th Mr. Larry Zehring, 1017 S. 26 Street, South Bend, Indiana, spoke against the closing of this alley. Mr. Zehring stated that crime and vandalism was mentioned as a reason for closing this alley. Mr. Zehring stated that he went to the South Bend Police Department to get a list of how many times the Police Department was called out to take a report. The South Bend Police Department’s records show that no reports were filed on vandalism in that area. He doesn’t think that cars driving down the alley and splashing mud or whatever on the siding of Mr. Davis’ home should constitute the closing of the alley. Mr. Zehring stated that he uses this alley a lot. He drives his car down that alley, he walks down that alley, his grand kids use that alley. He uses that alley and he doesn’t want to see the alley closed, because once you close the alley, it will never be an alley again. He urged the Council to vote against this bill. th Mr. James Hall, 1106 S. 26 Street, South Bend, Indiana, spoke against the closing of this alley. He stated that he has watched many children using this alley. They use it to cross the street. Mr. Hall stated that he uses it a lot to get to his home . He stated that emergency vehicles use this property also. th Ms. Amanda Johnson, 1101 S. 26 Street., South Bend, Indiana, spoke against the closing of this alley. This alley is used for pedestrian and vehicle traffic. If you close the alley it will take away from the safety of her children using this alley to get back and forth from friends houses. The people that are causing the problems do not live in the neighborhood. When you live in the City, there are just some things that you have to be tolerant of and this is one of those things. th Ms. Michelle Deal, 1023 S. 26 Street, South Bend, Indiana, spoke against this bill. Ms. Deal stated that she has lived there for 10 years. The alley is a public access, she uses this alley, her family uses this alley. She stated that she does not want this alley closed. Ms. Deal urged the Council to vote against this bill. th Ms. Tina Caparell, 1017 S. 27 Street, South Bend, Indiana, spoke against this bill. She stated that she lives 3 houses northeast of the proposed alley vacation. Ms. Caparell stated that the issue has been debated on where the neighbors use the alley or don’t use the alley. The issue of a compromise was brought up this afternoon at the Committee Meeting. This compromise was to allow pedestrian traffic, however, the petitioner chose not to agree to the compromise, because he received a favorable recommendation from the Committee to allow this alley vacation. Ms. Caparell advised that she surveyed several of the neighbors, thirteen in total, the remainder were not owner occupied homes, they were rentals. The thirteen neighbors were all opposed to the closing of this alley, due to the inconvenience, difficulty, or just don’t want it closed. Ms. Caparell noted that one of the co-petitioners has not been present at one meeting. She stated that there have been three neighbors that have been present, took time off, to be at every meeting to try to address this issue. Ms. Caparell stated that this is a democratic process and voices should be heard. She stated that the thirteen residence should have a voice over the two who are in favor of this vacation. This is a small issue for the Council, however, it is a huge issue for the thirteen residents who oppose the closing of this alley. In Rebuttal, Mr. Marshall noted that the petitioner has met all the safety issues. He noted that this issue of pedestrians and vehicles being in the same place is an unsafe condition. The petitioner is mindful of the inconvenience that this may cause, however, these neighbors do not live on the alley and are not the subject of the speeding vehicles and vandalism. Mr. Davis stated that he lives next to the alley 24/7, the neighbors don’t. Councilmember Puzzello asked the petitioner if they are the only two that abut the alley that is proposed to be vacated? Mr. Marshall responded yes, Mr. & Mrs. Davis and Mr. Taylor are the only two that abut the alley. 8 REGULAR MEETING NOVEMBER 13, 2006 Councilmember Pfeifer apologized that she was not in attendance at the Committee meeting this afternoon. She questioned about the possible compromise. Mr. Davis stated that the compromise was to allow only pedestrian traffic. He advised that it is his belief that this will not stop the vandalism. It will stop the vehicular traffic, but that is only half the problem, so this compromise is just not sufficient. Councilmember Kirsits asked about what happens to the curb cut. Mr. Gilot, Director of Public Works, stated that the curb cuts would stay, because the petitioners have their garages on this alley. The alley would become a private driveway. This is the reason for the cross-access easements. Councilmember Varner stated that he sees an ongoing potential problem if the alley is not completely fenced off from all traffic. Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill as substituted. There was no second on the motion. The motion does not moved forward. Councilmember Dieter made a motion for unfavorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of seven ayes and one nay. (Councilmember Puzzello) BILL NO. 65-06 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF FUND 377 OF THE CIVIL 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 Councilmember Kelly made a motion to continue this bill until the November 27, 2006, meeting of the Common Council at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 74-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $2,807,056.00 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2007, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Councilmember Kelly, Chairperson Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. 9 REGULAR MEETING NOVEMBER 13, 2006 th Ms. Beth Leonard, Department of Community & Economic Development, 12 Floor, County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill will appropriate monies in 2007 Community Development Block Grand funds. This action will allocate funds in accordance with the 2007 Action Plan of the Housing and Community Development Plan. Ms. Leonard noted that as discussed at the September 27, 2006 meeting of the Community and Economic Development Committee, the 2007 HCD Action Plan will undergo a 30-day public comment period that expired on October 30, 2006. In addition, the 2007 HCD Action Plan was the subject of two public hearings held on October 12, 2006. Comments received during the commend period and public hearings were taken into consideration in developing the final 2007 HCD Action Plan. 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 Kuspa 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. 75-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $118,321 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S EMERGENCY SHELTER GRANT PROGRAM Councilmember Kelly, Chairperson Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Ms. Beth Leonard, Department of Community & Economic Development, 12 Floor, County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill appropriates Emergency Shelter Grant entitlement funds expected to be received by the City of South Bend for 2007. These amounts were included in information shared with the Council on September 27, 2006 and are the subject of the public comment period held throughout the month of October. 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. 76-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $80,000 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 “COMMUNITY DEVELOPMENT” IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 10 REGULAR MEETING NOVEMBER 13, 2006 Councilmember Kelly, Chairperson Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Ms. Beth Leonard, Department of Community & Economic Development, 12 Floor, County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill transfers Community Development Block grant funds as part of the 2007 Action Plan of 2005 – 2009 Housing & Community Development Block Grant Funds as part of the 2007 Action Plan of the 2005 – 2009 Housing & Community Development Plan. Ms Leonard further noted that the proposed allocation of funds, was made public September 30, 2006 for a 30-day public comment period. The plan was also the subject of 2 public hearings on October 12, 2006. This bill is a companion to the CDBG General Appropriation bill. 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 Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Kelly made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) 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 8:09 p.m. Council Vice-President Roland Kelly presided with eight (8) members present. BILLS, THIRD READING ORDINANCE NO. 9713-06 AN ORDINANCE 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 11 REGULAR MEETING NOVEMBER 13, 2006 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 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 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 FEET. BEING A PART OF THE RIVER PARK ST 1 SUBDIVISION OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Dieter made a motion that this substitute bill be defeated. Councilmember Kelly seconded the motion which carried by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Puzzello). ORDINANCE NO. 9714-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $2,807,056.00 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2007, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 12 REGULAR MEETING NOVEMBER 13, 2006 ORDINANCE NO. 9715-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $118,321 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S EMERGENCY SHELTER GRANT PROGRAM This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9717-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $80,000 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 “COMMUNITY DEVELOPMENT” IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3657-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING CITY PLAN, A TWENTY- YEAR COMPREHENSIVE PLAN FOR THE CITY OF SOUTH BEND WHEREAS, the State of Indiana has enacted I.C. 36-7-4-500 to establish standards for developing comprehensive plans “for the promotion of public health, safety, morals, convenience, order, or the general welfare and for the sake of efficiency and economy in the process of development;” and Comprehensive Plan for South Bend and St. Joseph WHEREAS, in 2002, the County was adopted by the Area Plan Commission of St. Joseph County and the respective legislative bodies of the City of South Bend and St. Joseph County, and is a broad framework for countywide resources and development patterns and proposes that municipalities within the County develop more detailed comprehensive plans; and WHEREAS, Mayor Stephen J. Luecke appointed community volunteers to form a Civic Alliance to oversee an extensive and inclusive public planning process developed and administered by the Department of Community and Economic Development, Division of Community Development; and WHEREAS, thousands of community members have participated in the planning process since October 2003 and resulting from this planning process, the City of South City Plan Bend has prepared a comprehensive plan, called , to guide decision-making on growth and development for the City of South Bend over the next twenty years; and City Plan WHEREAS, contains a 20-year Vision with Goals, Objectives, and Policies for ten planning topic areas, and an Implementation Action Plan to aid the City 13 REGULAR MEETING NOVEMBER 13, 2006 in developing programs and strategies, making capital expenditures, and setting annual budgets; and WHEREAS, the Area Plan Commission of St. Joseph County, Indiana is empowered to approve a comprehensive plan within its area of jurisdiction by provisions City Plan contained in the aforementioned Indiana Code and has approved by resolution and provided the Common Council of the City of South Bend with a favorable recommendation; and WHEREAS, the Common Council of the City of South Bend, Indiana has the authority to adopt a comprehensive plan if it finds the content and the Goals, Objectives, and Policies of the Plan to be appropriate and in the best interests of the community; and City Plan WHEREAS, the , which is attached hereto and incorporated herein, contains all the elements required by Indiana Code Section 36-7-4-502, and is appropriate and in the best interest of South Bend and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: City Plan SECTION I: That the 20 year comprehensive plan, , a true and complete copy of which is attached hereto and incorporated herein and which incorporates all non- substantive revisions requested by the City Administration on October 23, 2006, shall be and hereby is approved. SECTION II: That this Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Vice-President Kelly noted that this bill in being heard in the Council portion only. Councilmember Pfeifer made a motion to consider the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight ayes. Councilmembers Varner, Kelly, Kirsits, Kuspa, Dieter, Pfeifer, and Puzzello offered their comments and thanked the members of the Civic Alliance, the Department of Community and Economic Development and all the citizens that participated in this process. Councilmember Puzzello made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3658-06 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 828 & 830 E. FOX STREET, SOUTH BEND, INDIANA Whereas, Indiana Code Section 36-7-4-918.6, required the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions for the Board of Zoning Appeals for approval or disapproval; and 14 REGULAR MEETING NOVEMBER 13, 2006 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: 828 & 830 E. Fox Street, South Bend, Indiana in order to permit To continue to allow the use of the two story, two family, duplex dwelling house 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 ara 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 Mr. Don Fozo, St. Joseph County Building Commissioner, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Fozo advised that the petitioners are seeking a Special Exception at 828 & 830 E. Fox St., to allow a duplex in a “SF 2” District. The Board of Zoning Appeals had a public hearing on October 19, 2006 and sends it to the Common Council with a favorable recommendation. 15 REGULAR MEETING NOVEMBER 13, 2006 Mr. Bruce Huntington, Attorney at Law, Botkin & Hall, LLP, Suite 400, Jefferson Centre, 105 E. Jefferson Blvd., South Bend, Indiana, made the presentation on behalf of the owners Rick and Susan Donoho. Mr. Huntington advised that the petitioners are requesting a special exception to the zoning code to allow continued use of this duplex residence as a two-family residence in an SF2 district. This structure was constructed in 1905 as a two story duplex “flat” dwelling unit and has been maintained and operated as such since it was built. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Puzzello made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3659-06 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 2629 FOUNDATION DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE –YEAR PERSONAL PROPERTY TAX ABATEMENT FOR VALUE PRODUCTION, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South , Bend, Indiana, requesting that the area commonly known as 2629 Foundation Drive South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the Southwest Quarter of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana and which has Key Number 25-1010-0400.12 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: 16 REGULAR MEETING NOVEMBER 13, 2006 SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Nevin J. Siqueira, President, Value Production, Inc. 2629 Foundation Drive, South Bend, Indiana, made the presentation for this bill. 17 REGULAR MEETING NOVEMBER 13, 2006 Mr. Siqueira advised that Value Production is a modern production machining facility. They provide one-stop shopping for design, prototypes, and production, and is an ISO 9001:2000 certified company. Value Production was established in October of 2000. The company manufactures tooling for use in the aerospace, automotive, medical, and commercial markets. The company will purchase a new, high-end mill and lathe for their custom aerospace manufacturing needs. The project will invest $500,000 in this 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 White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3660-06 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 3702 PROGRESS DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PARRISH/MEYER MACHINE, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South , Bend, Indiana, requesting that the area commonly known as 3702 Progress Drive South Bend, Indiana, and which is more particularly described as follows: Commencing at a brass plus at the center of Section Thirty-Three (33), Township Thirty-Eight (38) North, Range Two (2) East; thence North Zero Degrees, Zero Minutes, Zero Seconds East (N 0° 00’ 00” E) along the center line of said Section Thirty-Three (33) a distance of One Hundred Thirty-five and Eighteen Hundredths (135.18) feet to the South line of Progress Drive, extended West; thence South Eighty-Nine Degrees, Forty Minutes, Nine Seconds East (S 89° 40’ 09” E) along said South line of Progress Drive a distance of Four Hundred Forty and Zero Hundredths (440.00) feet to the point of beginning, said point being the Northeast corner of a tract theretofore conveyed to Canteen Corporation, Inc.; thence South Zero Degrees, Nineteen Minutes, Fifty-one Seconds West (S 0° 19’ 51” W) a distance of Two Hundred Forty and Zero Hundredths (240.00) feet; thence South Eighty-Nine Degrees, Forty Minutes, Nine Seconds East (S 89° 40’ 09” E) a distance of Four Hundred Twenty-Nine and Eighty-Seven Hundredths (429.87) feet to a point on the West line of a tract heretofore conveyed to Woodworth Storage and Transfer, Inc.; thence North Zero Degrees, Eighteen Minutes, Fifty-One Seconds East (N 0° 18’ 51” E) a distance of Two Hundred Forty-Three Hundredths (240.43) feet to the South line of Progress Drive; thence North Eight-Nine Degrees, Forty Minutes, Nine Seconds West (N 89° 40’ 09” W) a distance of Four Hundred Thirty and Zero Hundredths (430.00) feet to the point of beginning and which has Key Numbers 18-2184-6938-09 and 25-1006-0299 be designated as an Econo-mic 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; 18 REGULAR MEETING NOVEMBER 13, 2006 WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years. 19 REGULAR MEETING NOVEMBER 13, 2006 SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Carl Meyer and Mrs. Marilyn Meyer, CEO’s Parrish/Meyer Machine, Inc., 3702 Progress Drive, South Bend, Indiana, made the presentation for this bill. Mr. & Mrs. Meyer advised that Parrish/Meyer Machine, Inc., manufactures jigs, dies, fixtures, and special high-precision parts. The addition of a new Mori Seiki NH-5000/40 DCG machine will be used for production machining. This machine will allow the company to machine additional parts for their clients thereby growing the business and employment opportunities. The project will invest $400,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember White made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3661-06 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 901 N. NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MARC & JEANETTE BURDELL 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 901 N. Notre Dame Avenue, 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 ndrd Lot C of the Plat of Sorin’s 2 Addition, 3 Replat as recorded April 18, 2006, as Document No. 0614319 in the Office of the Recorder of St. Joseph County, containing 8,307.4 square feet more or less. Subject to all legal highways and easements of record 20 REGULAR MEETING NOVEMBER 13, 2006 and this property has Tax Key Numbers 18-5107-3788.01 and 18-5107-3788 (partial), be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1- 12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., 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 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 21 REGULAR MEETING NOVEMBER 13, 2006 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 Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mrs. Jeanette Burdell, owner, 54338 Ivy Road, South Bend, Indiana, made the presentation for this bill. Mrs. Burdell advised that she and her husband plan to construct a single-family residence of approximately 2, 400 square feet, three (3) bedrooms, three (3) bathrooms, four (4) common rooms and a 2-car garage. The house and garage will be located on a lot with dimensions of 66’ x 122’. The home will be constructed on a vacant lot as part of the Northeast Neighborhood Redevelopment Project. The estimated cost of the home will be $330,000. A Public Hearing was held on the Resolution at this time. 22 REGULAR MEETING NOVEMBER 13, 2006 There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS, FIRST READING BILL NO. 77-06 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1013 EAST JEFFERSON, IN THE CITY OF SOUTH BEND, INDIANA 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 and Third Reading on November 27, 2006. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 78-06 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, KBS PROPERTIES LLC, 60958 U.S. 31 SOUTH This bill had third reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 79-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 6, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING TAX ABATEMENT PROCEDURES This bill had first reading. Councilmember Dieter made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 27, 2006. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 80-06 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS FRANCES STREET FROM THE NORTH RIGHT OF WAY LINE OF COLFAX AVENUE TO TE FIRST NORTH/SOUTH ALLEY NORTH 23 REGULAR MEETING NOVEMBER 13, 2006 OF COLFAX AVENUE FOR A DISTANCE OF 198 FEET AND A WIDTH OF 66 FEET. ADDITIONALLY, AN AREA 45 FEET NORTH OF THE SOUTH RIGHT OF WAY OF LUTHER COURT AND 23 FEET WEST OF THE EAST RIGHT OF WAY LINE OF FRANCES STREET. BEING A PART OF THE ORIGINAL TOWN OF LOWELL, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 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 November 27, 2006. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 81-06 FIRST READING ON A BILL AUTHORIZING THE ISSUANCE AND SALE OF AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS ($8,500,000) OF THE CITY OF SOUTH BEND, INDIANA VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2007 (PEI/GENESIS PROJECT); DESIGNATING THE BONDS AS LIMITED OBLIGATIONS OF THE CITY; APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, THE TRUST INDENTURE, LOAN AGREEMENT AND OTHER DOCUMENTS RELATED TO THE ISSUANCE AND SALE OF THE BONDS; AND AUTHORIZING PROPER OFFICERS TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 27, 2006. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 82-06 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT LOT NUMBER SIX U.S. 31 INDUSTRIAL PARK APPROXIMATELY 417 FEET NORTH OF THE NORTHWEST CORNER OF BRICK ROAD AND U.S. 31 BYPASS, COUNCILMANIC DISTRICT ONE, IN THE CITY OF SOUTH BEND, INDIANA 24 REGULAR MEETING NOVEMBER 13, 2006 Councilmember Puzzello made a motion to accept the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello made a motion to refer this substitute bill to the Area Plan Commission, and set it for Public Hearing and Third Reading on January 8, 2007, and refer it to the Zoning and Annexation Committee. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 83-06 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS A PORTION OF THE FIRST EAST/WEST ALLEY NORTH OF COLFAX AVENUE STARTING FROM FRANCES STREET PROCEEDING FOR A DISTANCE OF 91.81 FEET WESTERLY AND A WIDTH OF 14 FEET. BEING A PART OF COTTRELL’S ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 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 November 27, 2006. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 84-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CHANGING THE NAME OF FUND 377 FROM “HALL OF FAME” TO “PROFESSIONAL SPORTS DEVELOPMENT” FUND (PSDF), TRANSFERRING $500,000 FROM FUND NO. 377 TO FUND NO. 677 HALL OF FAME OPERATIONS, FOR USE ON HALL OF FAME CAPITAL PROJECTS PERMITTED BY PSDF DOLLARS, AND APPROPRIATING $100,00 FROM FUND NO. 377 FOR USE BY CENTURY CENTER ON CAPITAL PROJECTS PERMITTED BY PSDF DOLLARS This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on November 27, 2006. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 85-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2006 25 REGULAR MEETING NOVEMBER 13, 2006 Councilmember Puzzello made a motion to accept the substitute version of this bill. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello made a motion to to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on November 27, 2007. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 86-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2006 Councilmember Pfeifer made a motion to accept the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Pfeifer made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on November 27, 2007. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS There was no new business to come before the Council at this time. NEW BUSINESS PRIVILEGE OF THE FLOOR Councilmember Charlotte Pfeifer wished everyone a Happy Thanksgiving and invited everyone to attend a lecture, on Thursday, November 16, 2006 at IUSB, to hear Dr. Manning Marabel. The lecture will be on the topic of civil rights. She encourage all to attend. ADJOURNMENT There being no further business to come before the Council Vice- President Kelly adjourned the meeting at 8:48 p.m. ATTEST: ATTEST: ___________________________ __________________________ John Voorde, City Clerk Roland Kelly, Vice- President 26