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HomeMy WebLinkAbout06-27-05 Council Meeting Minutes REGULAR MEETINGJUNE 27, 2005 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, June 27, 2005 at 7:00 p.m. The meeting was called to order by Council President Charlotte D. Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Derek D. Dieter 1 District nd Charlotte Pfeifer 2 District President rd Roland Kelly 3 District Chairperson, Committee of the Whole th Ann Puzzello 4 District th Ervin Kuspa 6 District Timothy Rouse At-Large Al “Buddy” Kirsits At-Large Karen L. White At-Large Vice-President th Absent: David Varner 5 District OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the June 13, 2005, meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Charlotte D. Pfeifer s/David Varner Councilmember made a motion that the minutes of the June 13, 2005, meeting of the Council be accepted and placed on file.Councilmember seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 3478-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING LORETHA BUCHANON FOR HER MORE THAN FORTY (40) YEARS OF DEDICATED SERVICE IN THE SOUTH BEND COMMUNITY SCHOOL CORPORATION Whereas, the Common Council of the City of South Bend, Indiana, recognizes that there are 294 public school corporations and state-accredited nonpublic schools throughout the state of Indiana; and that for the past forty (40) years the South Bend , Community has indeed been fortunate to have LORETHA BUCHANON who has been one of the most influential educators and provided leadership in many schools within the South Bend Community School Corporation; and Whereas, the Common Council is especially proud to publicly honor LORETHA BUCHANON, who started her teaching career in 1964 in South Bend at the old Linden 1 REGULAR MEETINGJUNE 27, 2005 School where she taught for eight (8) years and then taught at Kennedy Elementary School until 1991; and Whereas, in 1991, LORETHA BUCHANON was promoted to be the principal of Greene Elementary School where she provided positive leadership for the next four (4) years; then was appointed to be the principal of Coquillard Elementary School; was later transferred to be the principal of Harrison School in 1999 where she helped oversee the construction of the new Harrison Primary Center which opened in 2003 and where she has continued to dedicate her many talents ever since; and Whereas, the Council believes that LORETHA BUCHANON, represents the very best of the education profession as exemplified by her positive attitude by inspiring and encouraging thousands of youth to be “smart, smart, smart”, and for being a source of encouragement to the many teachers and staff with whom she has worked by providing leadership and vision during her distinguished career with the South Bend Community School Corporation. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates LORETHA BUCHANON for her more than forty (40) years of exemplary educational services which she has provided to the South Bend Community School Corporation. Section II. The South Bend Common Council notes with pride that LORETHA BUCHANON is a shining example of the many graduates of the South Bend Central High School who have enriched and enhanced the South Bend Community. The Common Council wishes her a retirement filled with many memorable and enriching experiences and opportunities. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2District s/Timothy A. Rouse, At Large rd s/Roland Kelly, 3 District s/Al “Buddy” Kirsits, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/Kathleen Cekanski-Farrand, Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Timothy Rouse, 605 N. Cherry Tree Lane, 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 Ms. Loretha Buchanon. 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 Kelly made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. 2 REGULAR MEETINGJUNE 27, 2005 COUNCIL DISTRICT UPDATES – AT LARGE COUNCILMEMBER AL “BUDDY” KIRSITS Councilmember Kirsits welcomed everyone to tonight’s Common Council Meeting. He stated that as the chairperson of the utilities committee, he reports that the City is in good operating shape due to the result of good management and persistent upgrades. The $20 million dollar upgrade of the wastewater treatment plant 2 years ago has allowed for increased capacity and better efficiency for the environmental stewardship of the river. This has allowed the city to extend sewer lines and accept newly annexed areas to the city. Work has continued to alleviate the problems of sewer odor from the system in general and the New Energy Plant specifically. The problems of large area basement flooding have been addressed and are decreasing. But one problem is persistent and will not go away. The separation of storm sewers and sanitary sewers, commonly known as the CSO issue. While many face the thought that the federal government would be easing it’s position regarding the Clean Water Act, that is not the case. Municipalities are going to have to separate out their CSO’s and the cities, including South Bend will bear the brunt of the cost. The prediction several years ago that it would cost an user more for sewage use than water usage is the reality. The city’s advisory committee on sewer rates was recently told that the rates may have to rise 79% over four years in order to raise $11 million to meet the new minimum upgrades required by the Feds. The overall cost could exceed $120 million. The council will be involved in this delicate issue to ensure that all the users will equitably share necessary increases. We have to remember it is not cheap to flush problems away. The water works is in good shape and should be able to continue operating from a financially sound position. While a recent 22% increase in rates is always distasteful, the South Bend rates continue to be below the middle of the pack when comparing us to the rest of the municipalities in the state. The leak insurance fund is solvent and is capable of covering the costs of the many residential leaks we face in the older parts of the city. While this often varies in the number of leaks we service, having the fund solvent by spreading it out to our residential users protect the homeowner from costly repairs. More importantly the South Bend Water Works has been able to easily meet the demands of it’s consumers during these hot summer days. On Sunday, the water works pumped to its highest level this year by proving 37 million gallons of water. However, that was nowhere near its capacity. During the drought of ’89 we pumped more than 60 million gallons in one day. The system has the capability to meet the demands and the future expansion needs of the city. While sometimes a little hard in appearance, our South Bend water continues to be a tasty and plentiful commodity. For those who want to stick around until the end of the meeting tonight, Councilmember Kirsits invited everyone to come to the Council office and enjoy a cold one with Rev. Rouse and himself. For clarification, that would be a cold bottle of bottled South Bend City Water. Very tasty and free. All kidding aside, the city sewer and water department is in excellent shape because problems were anticipated and dealt with ahead of time. Many times, we hear of nearby communities out of compliance with regulations or issuing orders to boil water. We do not have that problem here because we have accepted the financial burden of maintaining top-notch facilities. For that, the environment should be happy. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:17 p.m., Councilmember White made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly, Chairperson, Committee of the Whole, presiding. Councilmember Kelly explained the procedures to be followed for tonights meeting in ã accordance with Article 1, Section 2-11 of the South Bend Municipal Code and that pamphlets were available to the pubic, which outline the Council rules and procedures, and are located on the railing in the Council Chambers. 3 REGULAR MEETINGJUNE 27, 2005 PUBLIC HEARINGS BILL NO. 32-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLE 2, SECTIONS 16-6 AND 16-8 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR LEASE OF REFUSE CONTAINERS FROM THE CITY, ADJUSTMENTS TO RATES, AND PROCEDURES FOR USE OF REFUSE CONTAINERS Councilmember Al “Buddy” Kirsits, Chairperson, Utilities Committee, reported that this committee held a public hearing this afternoon and sends it to the full Council with a favorable recommendation. Councilmember Al “Buddy” Kirsits, Chairperson, Utilities 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. John Dillion, Director, Environmental Services, 3113 Riverside Drive, South Bend, Indiana made the presentation for this bill. Mr. Dillion stated that this bill is an amendment to Chapter 16 of the Municipal Code, specifically Solid Waste fees and rules regarding containers.This bill is not asking for a change in base rates, but is asking for the approval of a $5.00 per month fee for each extra container provided to a customer. In addition, there is a “new start” fee of $10.00 for new customers beginning with the enactment of this ordinance. These new fees will help to defer the cost of the containers and rebuild reserves. The biggest change is that this bill requires all trash to be placed in a container provided by the City. This should encourage recycling and reduce litter. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 38-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING AN ADDITIONAL $679,400 FROM PARKS AND RECREATION FUND #201 FOR CAPITAL EXPENDITURES DUE TO DELAY IN RECEIPT OF 2004 TAX REVENUES Councilmember Dieter, Chairperson, Parcs 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. 4 REGULAR MEETINGJUNE 27, 2005 Mr. Phil St. Clair, Superintendent, Parks Department, 321 E. Walter Street, South Bend, Indiana, made the presentation for this bill. Mr. St. Clair advised that this bill is for an additional appropriation for Capital Expenditures by the Parks Department. Because of the delays in receiving tax revenues some departments like the Parks Department whose capital appropriations were incomplete in January 2005. The requested appropriation of an additional $679,400 is for various capital improvements, and the purchase of machinery and equipment. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes . BILL NO. 39-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED FOUR MILLION SEVEN HUNDRED TEN THOUSAND DOLLARS (4,710,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH Councilmember Dieter made a motion to continue this bill until the July 25, 2005 meeting of the Council. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Kuspa made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) 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 7:29 p.m. Council President Charlotte D. Pfeifer presided with nine (9) members present. 5 REGULAR MEETINGJUNE 27, 2005 BILLS, THIRD READING ORDINANCE NO. 9598-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLE 2, SECTIONS 16-6 AND 16-8 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR LEASE OF REFUSE CONTAINERS FROM THE CITY, ADJUSTMENTS TO RATES, AND PROCEDURES FOR USE OF REFUSE CONTAINERS This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9599-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING AN ADDITIONAL $679,400 FROM PARKS AND RECREATION FUND #201 FOR CAPITAL EXPENDITURES DUE TO DELAY IN RECEIPT OF 2004 TAX REVENUES This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3479-05 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 744 SOUTH MAIN STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section5-14-1.5-5, 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 thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-018.4; 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 744 South Main Street, South Bend, Indiana 46601 in order to permit and allow food distribution and a meeting place for men within the “LI” Light Industrial district. 6 REGULAR MEETINGJUNE 27, 2005 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 approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals, which are on file in the office of the City Clerk. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Kuspa, Chairperson, Zoning and 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. Charles Bulot, Assistant Director, St. Joseph County Building Department, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Bulot advised that the Board of Zoning Appeals held a public hearing on May 19, 2005 and found that the proposed development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. The use is similar to that of several properties in the area. It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent; therefore, the Board sends this petition to the Common Council with a favorable recommendation. Mr. Andrew Nemeth, 822 E. Jefferson Blvd., South Bend, Indiana, representing the property owner Mr. Pete Mullen and the contingent purchasers, Catholic Worker of Michiana, made the presentation for this bill. Mr. Nemeth advised that Catholic Worker of Michiana is seeking a special exception to the current zoning “LI,” Light Industrial, to allow for a location for food distribution (not sales of food) to men in the community. This approval will not be injurious to the public health, safety, morals and general welfare of the community, it will only enhance the health and safety of the local neighborhood and the community at-large by taking a vacant building that has been vacant for over two (2) years and utilizing its space 7 REGULAR MEETINGJUNE 27, 2005 enhancing the general welfare of the area.The exterior maintenance will be well kept and up to date. The neighborhood will be better off with a now vacant building being utilized. The proposed use will not injure or adversely affect the use of other adjacent area or the property values therein as no negative impacts will be imposed upon any adjacent properties, as it is in an area of other “LI,” Light Industrial Buildings, and not residential structures. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; for example, said property is adjacent to the Homeless Shelter, and shall provide a place for men to congregate and have meals. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. A public hearing was held on the Resolution at this time. The following individuals spoke in favor of this bill. Mr. Mike Baxter, 1126 W. Washington, South Bend, Indiana, stated that the general purpose of the Drop-In Center is to provide a place for homeless people to stay during the daytime and early evening. They plan to be providing some food but do not plan on starting a soup kitchen. The plan is to provide a place for people to sit and talk, read, and make phone calls. Eventually the Drop-In Center would provide a place to shower, launder clothes, and store personal belongings in lockers.It would function as, so to speak, as a St. Margaret’s House for men, although we would welcome women as well. The Drop-In Center would complement services provided by other agencies in the area, not duplicate them. Social Workers in the area shared their beliefs that this project would fit well into the comprehensive plan for providing services to the poor and homeless and develop into a part of the Continuum for Care in the City. This Drop-In Center would draw people who currently spend many hours a day on the streets to a place where they could be off the streets, especially in the hot summer months and the cold winter months. The Drop-In Center would be well equipped to handle people who would be served. The members of the Catholic Worker community and their volunteers will staff it. It will develop gradually. It will be able to keep foot traffic away from the street due to side parking lot, a gate that will be placed on the Main Street entrance of that parking lot, and a fenced in area on the north side of the property. This Drop-In Center would provide services for homeless people already in the area. It would not attract homeless people from out of town. This Drop-In Center could also provide people with what they need to get work, such as a contact telephone number, a place to clean up, and a place to get clothes for an interview and for work. It could eventually be the site through which homeless people could make important contacts for getting work. Mr. Baxter stated that the staff at Catholic Worker House has grown from three to eleven. He noted the original three were Margie Pfeil, Ben Peters and himself, joining the staff in 2004 were, Geoff Keating, Ceil McGowan, Michael Griffin, Pat McGowan, Catherine Gehred, Liza Peters, Liz Fallon, and Brenna Cussen.Mr. Baxter further noted that taxes for this property would continue to be paid. Mr. Marcus Wicker, 1126 W. Washington, South Bend, Indiana, stated that he has been a guest at the Drop-In Center for approximately two (2) weeks. Mr. Wicker stated that he currently undergoing a divorce, which has affected him significantly and was unable to financially stand on his own alone. The Catholic Worker Drop-In Center has provided a Christian environment, with caring people who share their spiritual guidance. Mr. Wicker stated that he is very lucky to be their. Mr. Renaldo Hernandez, 702 E. South Street, South Bend, Indiana, stated that he has lived in the neighborhood for over 40 years.Mr. Hernandez advised that the history of social programs for the disadvantaged and less fortunate often display a negative voice before these programs are put in place. Mr. Hernandez urged the Council to give the Catholic Worker Drop-In Center a chance. Mr. Chris Miller, 1106 Foster, South Bend, Indiana, spoke in favor of the Catholic Worker Drop-In Center. He stated that as the Associate Pastor of Sacred Heart Parish, he has worked with Catholic Worker for over two (2) years, and has been active with the Hope Rescue Mission and the Center for the Homeless. The staff at Catholic Worker is hard working and well disciplined. 8 REGULAR MEETINGJUNE 27, 2005 Ms. Cheryl Tourlett, 1718 W. Washington, South Bend, Indiana, stated that she is definitely for the Catholic Worker House. As a former indigent person, she is very grateful for an agency like Catholic Worker. She is now able to give back to the community and believes that she owes a deep gratitude to them. At the Drop-In Center, you are able to gather and sit down for dinner and share conversation with people who need fellowship and guidance to help get them back on the right track. Ms. Kathy Schneider, Executive Director, St. Margaret’s House, stated that she recently rd was speaking to a 3 Grade class at St. Joseph Grade School in South Bend and was asked by a student why there was not a center for men like St. Margaret’s House. Ms. Schneider stated that with the Catholic Worker Drop-In Center that question could be easily answered. Ms. Schneider urged the Council for vote in favor of the Catholic Worker Drop-In Center. Sean Wendlinder, 1204 Woodward, Executive Director, St. Vincent DePaul, spoke in favor of the Drop-In Center for the Catholic Worker House. He stated that it is a much- needed service in the South Bend Community. A place to have food, coffee and companionship, is the legacy of the Catholic Worker and it is outstanding. Mr. Wayne Grecco, 1126 W. Washington, South Bend, Indiana, stated that stopping homelessness seems like an impossible goal. However, with the Catholic Worker Drop- In Center that goal can be a reality. The facility will allow the homeless to talk with caring intelligent people who encourage through fellowship to help guide them back on track. Ms. Linda Baechle, Executive Director, YWCA, 1102 S. Fellows Street, South Bend, Indiana, stated that the YWCA has received appropriate referrals from Catholic Worker House for women fleeing domestic violence, or seeking assistance with chemical dependency treatment or transitional housing. The YWCA has used the Catholic Worker House as a resource when women are noncompliant with YWCA programs and need housing for a short time until they are able to make other living arrangements. The YWCA has a good working relationship with Catholic Worker House, and sees the agency as an important resource for their clients. Mr. Michael Griffin, 1215 Dunham Street, South Bend, Indiana, stated that he has been affiliated with the Catholic Worker House for one (1) year. They do good work at the Catholic Worker House and invited everyone to stop in and see for himself or herself. Sister Suzanne Patterson, Broadway Christian Center, 1412 S. Carroll, South Bend, Indiana, spoke in favor of the Catholic Worker Drop-In Center. She stated that inspired by the life and work of its founder, Dorothy Day, the Catholic Worker community in South Bend strives to translate its faith into action by practicing the corporal and spiritual works of mercy, as set forth in the teaching of the Catholic Church. She stated that when you reach out to those in need, when people are given food, a place to shower and clothing, peace becomes a reality. Mr. Steve Camilleri, Executive Director, Center for the Homeless, 813 S. Michigan Street, South Bend, Indiana, stated that he is in support of the proposed Catholic Worker Drop-In Center to be located at 744 South Main Street. Over the past year as Executive Director with the Center for the Homeless, he has become aware of homeless individuals we want to serve but who are not in a position to receive our services, either because they do not qualify for our services or are not willing or able t receive them. Oftentimes, this segment of the homeless population wanders the streets and has nowhere to go during the day. The drop-in center proposed by the Catholic Worker-offering coffee, snacks, phones, showers, lockers, and so on would provide a concrete means of helping such people. The members of the Catholic Worker community have a solid working relationship with the Center for the Homeless. The Center has made referrals to them on numerous occasions, and they regularly make referrals to the Center. Mr. Camilleri attested to several members of the Catholic Worker staff; Mike Baxter, Mike Griffin and Ben Peters are responsible in their care for others. Mr. Camilleri stated that he looks 9 REGULAR MEETINGJUNE 27, 2005 forward to working closely with the Catholic Worker Drop-In Center, and assured that it will be an asset in the collective effort to serve those in the community who are in need. Ms. Nancy Shaefer, Niles Michigan, stated that she has been a volunteer for over fifteen (15) years with the advocacy center and stated that she is very much in favor of the Catholic Worker Drop-In Center. Over the years, she has seen the need for such a facility grow tremendously. Mr. Ed Bradley, 51697 Ironwood Drive, South Bend, Indiana, stated that he is in the commercial real estate business. Mr. Bradley spoke in favor of the Drop-In Center for the Catholic Worker. He has had the pleasure of having dinner with the staff and guests at one of the Catholic Worker Homes. Mr. Bradley spoke very highly of the staff and the guests and encourages everyone to stop by and see what a wonderful job they are doing at the Catholic Worker Homes. Mr. Donald Napoli, Director, St. Joseph County Public Library, residing at 1841 N. Adams, South Bend, Indiana, spoke in favor of the Catholic Worker Drop-In Center. Mr. Napoli stated that he has volunteered at the Center for the Homeless and sees the need for a facility like the Catholic Worker Drop-In Center. The Drop-In Center will be able to provide opportunities for those who do not meet the criteria at the Center for the Homeless. Mr. Napoli urged the Council to vote favorable for the Catholic Worker Drop-In Center. Mr. Jay Freel-Landry, Little Flower Church, 51941 N. Ironwood Drive, South Bend, Indiana, residing at 1749 N. Adams, South Bend, Indiana, spoke in favor of the Catholic Worker Drop-In Center. Mr. Landry stated that he has been cooking at Little Flower Church and delivering approximately thirty (30) to forty (40) meals for their guests and staff at the Catholic Worker House. He stated that the competency of Mike Baxter and Margie Pfeil is impeccable. There was no one present wishing to speak in opposition to this bill. Councilmember Kelly made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes and no nays and one (1) abstention (Councilmember Pfeifer). RESOLUTION NO. 3480-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS NUMBERED 9 THROUGH 28, 26 THROUGH 58, 69 THROUGH 78, 80 AND 81, STAFFORDSHIRE ESTATES SUBDIVISION, SECTION TWO AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as Staffordshire Estates Subdivision, Section Two, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 2325 Harwood St. Lot 9 Staffordshire Estates, Section 2 26-1035-058942 2333 Harwood St. Lot 10 Staffordshire Estates, Section 2 26-1035-058943 10 REGULAR MEETINGJUNE 27, 2005 2341 Harwood St. Lot 11 Staffordshire Estates, Section 2 26-1035-058944 2349 Harwood St. Lot 12 Staffordshire Estates, Section 2 26-1035-058945 2411 Harwood St. Lot 13 Staffordshire Estates, Section 2 26-1035-058946 2419 Harwood St. Lot 14 Staffordshire Estates, Section 2 26-1035-058947 2427 Harwood St. Lot 15 Staffordshire Estates, Section 2 26-1035-058948 5120 Essington St. Lot 16 Staffordshire Estates, Section 2 26-1035-058949 5218 Essington St. Lot 17 Staffordshire Estates, Section 2 26-1035-058950 5136 Essington St. Lot 18 Staffordshire Estates, Section 2 26-1035-058951 5212 Essington St. Lot 19 Staffordshire Estates, Section 2 26-1035-058952 5220 Essington St. Lot 20 Staffordshire Estates, Section 2 26-1035-058953 5228 Essington St. Lot 21 Staffordshire Estates, Section 2 26-1035-058954 2434 Cranston St. Lot 22 Staffordshire Estates, Section 2 26-1035-058955 2426 Cranston St. Lot 23 Staffordshire Estates, Section 2 26-1035-058956 2418 Cranston St. Lot 24 Staffordshire Estates, Section 2 26-1035-058957 2410 Cranston St. Lot 25 Staffordshire Estates, Section 2 26-1035-058958 2348 Cranston St. Lot 26 Staffordshire Estates, Section 2 26-1035-058959 2340 Cranston St. Lot 27 Staffordshire Estates, Section 2 26-1035-058960 2322 Cranston St. Lot 28 Staffordshire Estates, Section 2 26-1035-058961 2333 Cranston St. Lot 46 Staffordshire Estates, Section 2 26-1035-058962 2341 Cranston St. Lot 47 Staffordshire Estates, Section 2 26-1035-058963 2349 Cranston St. Lot 48 Staffordshire Estates, Section 2 26-1035-058964 2411 Cranston St. Lot 49 Staffordshire Estates, Section 2 26-1035-058965 2419 Cranston St. Lot 50 Staffordshire Estates, Section 2 26-1035-058966 2427 Cranston St. Lot 51 Staffordshire Estates, Section 2 26-1035-058967 Or 5210 Essington St. 5211 Essington St. Lot 52 Staffordshire Estates, Section 2 26-1035-058968 Or 2428 Cheshire Dr. 2420 Cheshire Dr. Lot 53 Staffordshire Estates, Section 2 26-103 5-058969 2412 Cheshire Dr. Lot 54 Staffordshire Estates, Section 2 26-1035-058970 2350 Cheshire Dr. Lot 55 Staffordshire Estates, Section 2 26-1035-058971 2342 Cheshire Dr. Lot 56 Staffordshire Estates, Section 2 26-1035-058972 2334 Cheshire Dr. Lot 57 Staffordshire Estates, Section 2 26-1035-058973 2326 Cheshire Dr. Lot 58 Staffordshire Estates, Section 2 26-1035-058974 2333 Cheshire Dr. Lot 69 Staffordshire Estates, Section 2 26-1035-058976 2341 Cheshire Dr. Lot 70 Staffordshire Estates, Section 2 26-1035-058977 2349 Cheshire Dr. Lot 71 Staffordshire Estates, Section 2 26-1035-058978 2411 Cheshire Dr. Lot 72 Staffordshire Estates, Section 2 26-1035-058979 2419 Cheshire Dr. Lot 73 Staffordshire Estates, Section 2 26-1035-058980 2427 Cheshire Dr. Lot 74 Staffordshire Estates, Section 2 26-1035-058981 Or 5135 Essington Dr. 5127 Essington Dr. Lot 75 Staffordshire Estates, Section 2 26-1035-058982 Or 2428 Harwood Dr. 2420 Harwood Dr. Lot 76 Staffordshire Estates, Section 2 26-1035-058983 2412 Harwood Dr. Lot 77 Staffordshire Estates, Section 2 26-1035-058984 2350 Harwood Dr. Lot 78 Staffordshire Estates, Section 2 26-1035-058985 2334 Harwood Dr. Lot 80 Staffordshire Estates, Section 2 26-1035-058987 2326 Harwood Dr. Lot 81 Staffordshire Estates, Section 2 26-1035-058988 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1et 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: 11 REGULAR MEETINGJUNE 27, 2005 SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1- 25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby 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. 12 REGULAR MEETINGJUNE 27, 2005 s/Charlotte D. Pfeifer Member of the Common Council Mr. Derek Spier, Abonmarche Constultants, LLC., 750 Lincoln Way East, South Bend, Indiana, representing the developer Tampico Developments, LLC. Mr. Spier advised that this is the second phase of the Staffordshire Estates Subdivision project and will develop forty-five (45) lots of a total development that will eventually contain four hundred and sixty (460) homes. The development will include one retention area, 2,069 feet of new roadway and the associated public and private utilities. The property was recently annexed into the City of South Bend. The homes will be stick- built, single family homes approximately 1,300 to 1,800 square feet. The homes will be constructed by Weiss Homes, Inc. The average cost of homes within this development is expected to be $135,489 with a total value for this phase of $6,097,000. 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 Rouse made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3481-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS NUMBERED 225 THROUGH 235, LAFAYETTE FALLS SUBDIVISION, SECTION THREE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 20000- 21000 Block (South Side) of Kern Road, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 1014 Cary Court Lot 225 La Fayette Falls, Section 3 01-1002-002297 1006 Cary Court Lot 226 La Fayette Falls, Section 3 01-1002-002298 930 Cary Court Lot 227 La Fayette Falls, Section 3 01-1002-002299 920 Cary Court Lot 228 La Fayette Falls, Section 3 01-1002-002300 912 Cary Court Lot 229 La Fayette Falls, Section 3 01-1002-002301 902 Cary Court Lot 230 La Fayette Falls, Section 3 01-1002-002302 905 Cary Court Lot 231 La Fayette Falls, Section 3 01-1002-002303 915 Cary Court Lot 232 La Fayette Falls, Section 3 01-1002-002304 923 Cary Court Lot 233 La Fayette Falls, Section 3 01-1002-002305 931 Cary Court Lot 234 La Fayette Falls, Section 3 01-1002-002306 939 Cary Court Lot 235 La Fayette Falls, Section 3 01-1002-002307 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1et seq., and South Bend Municipal Code Sections 2-76 et seq., and; 13 REGULAR MEETINGJUNE 27, 2005 WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1- 25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. 14 REGULAR MEETINGJUNE 27, 2005 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/Charlotte D. Pfeifer Member of the Common Council Mr. Derek Spier, Abonmarche Constultants, LLC., 750 Lincoln Way East, South Bend, Indiana, representing the developer Kendall-Weiss, LLP. Mr. Spier advised that this is the third phase of the project and it will develop eleven (11) lots of a total development that will eventually contain two hundred sixty-six (266) homes on 116.206 acres on the south side of Kern Road. The development will include 4 ponds, a meandering stream and waterfall. The property was recently annexed into the City of South Bend. The homes will be constructed by Weiss Homes, Inc. The average cost of homes within this development is expected to be $129, 048 with a total value for this phase of $1,420,000. A Public Hearing was held on the Resolution at this time. Ms. Rita Kopala, Lakeville, Indiana, asked which ditch they would be using. Mr. Spier stated that the City and County Board Drainage Boards and those they would be using detention and retention ponds on the site have approved the drainage issue. There being either no one present wishing to speak to the Council in favor of or in opposition to this Resolution, Councilmember Puzzello made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3482-05 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 W. TUCKER DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF INCREASING THE SIZE OF THE PROJECT FOR THEIR FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, INC., A & F REALTY, NATHAN LERMAN TRUST, ALLAN AND FRANCES LERMAN, JH JONES LLC WHEREAS, on August 31, 2004, Steel Warehouse Co. Inc. filed three (3) Forms SB-1 Statements of Benefits in connection with its applications for real and personal property tax abatement on proposed new investments in a building addition and new manufacturing equipment at its industrial location at 2722 West Tucker Drive in South Bend, and in connection with its investment in new manufacturing equipment at its manufacturing facility at 1400 Riverside Drive in South Bend; and 15 REGULAR MEETINGJUNE 27, 2005 WHEREAS, the Common Council of the City of South Bend approved those Statements of Benefits and designated the areas commonly known as 2722 Tucker Drive and 1400 Riverside Drive as Economic Revitalization Areas, all in accordance and as more particularly described in Resolution Nos. 3380-04, 3381-04 and 3382-04; and WHEREAS, the Economic Revitalization Areas continue in existence and will be designated as such under those Resolutions until September 13, 2006; and , WHEREAS Steel Warehouse Co. Inc. and its affiliates have met and exceeded the estimates for employment and wages as set forth in those original Statements of Benefits, and is interested in making additional investments in new manufacturing equipment and real property structures, as more particularly described in the three (3) Amended Statements of Benefits which have been filed with and submitted to the Common Council for its consideration of five-year real property tax abatement and five- year personal property tax abatement on the new investments described therein. , NOW, THEREFORE, BE IT RESOLVEDby the Common Council of the City : of South Bend, Indiana, as follows SECTION I. In compliance with IND. CODE §§ 6-1.1-12.1-3(b) and 6-1.1-12.1-4.5(c), the Common Council hereby finds that: a. The estimate of the cost of the redevelopment of real property and proposed installation of new manufacturing equipment is reasonable for property of this type. b. The estimate of the number of individuals who will be employed or whose employment will be retained can be reasonably expected to result from the redevelopment of real property and proposed installation of new manufacturing equipment. c. The estimate of the annual salaries of the individuals who will be employed or whose employment will be retained can be reasonably expected to result from the redevelopment of real property and 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 redevelopment of real property and proposed installation of new manufacturing equipment. e. The totality of the benefits is sufficient to justify the granting of the requested deductions. SECTION II. The Amended Statements of Benefits are hereby approved and the installation of new manufacturing equipment and redevelopment of real property as described therein are eligible for deductions from assessed value of the property as per I.C. § 6-1.1-12.1-1 et seq. for a period of five (5) years. SECTION III. Except to the extent amended as set forth herein, Resolutions 3380-04, 3381-04 and 3382-04 shall continue in full force and effect. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember White made a motion to consider the substitute version of this bill. Councilmember Puzzello, seconded the motion which carried by a voice vote of nine (9) ayes. 16 REGULAR MEETINGJUNE 27, 2005 Councilmember Puzzello, 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. Gerald F. Lerman, Vice-President and Secretary, Steel Warehouse, 2722 W. Tucker Drive, South Bend, Indiana, residing at 1121 E. Woodside, South Bend, Indiana, made the presentation for this bill. Mr. Lerman advised that they are requesting an increase in the amount for the five-year real property tax abatement granted to Steel Warehouse Co. Inc. Mr. Lerman stated that the company has now found it necessary to purchase additional new manufacturing equipment to be used in connection with the production, shaping, fabrication and treatment of steel products at the 1400 Riverside Drive, South Bend, Indiana, location. Additionally, at the 2722 Tucker Drive, South Bend, Indiana, location there will be an addition to the real property structure at an estimated cost of approximately $638,000 along with new manufacturing equipment in the amount of approximately 1.3 million. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution as substituted. Councilmember Puzzello seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3483-05 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1710 NORTH SHERIDAN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF EXTENDING THEIR FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK & MANUFACTURING, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, the Common Council of the City of South Bend, Indiana, adopted a Reconfirmatory Resolution, No. 3443-05, confirming the designation that certain areas commonly known as 1710 North Sheridan Street, South Bend, Indiana, and which is more particularly described as follows: Parcel of land begging approximately 889.84’ South & 40’ East of NW ¼ SE ¼ and known as Gibbs Wire & Steel Co Inc minor sub section 33-38-2E cont approximately AC , with said real estate having the following Key Numbers 18-2184-693803 as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic r revitalization area have been met; and 17 REGULAR MEETINGJUNE 27, 2005 WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 3213-03 on July 28, 2003; and WHEREAS, the Petitioner will exceed the two year designation period granted in the Confirmatory resolution, which will expired on July 28, 2005; and WHEREAS, the Petitioner has requested an additional period of time to complete construction of the planned project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Puzzello, 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. Tom Kinnucan, President, Hoosier Tank, 2502 W. Lawton, South Bend, Indiana, residing at 51930 Juniper Road, South Bend, Indiana, made the presentation for this bill. Mr. Kinnucan advised that Hoosier Tank & Manufacturing, Inc. was approved for a personal property tax abatement on July 28, 2003. A reconfirming resolution was approved on April 11, 2005 to move the abatement to their new location. Mr. Kinnucan stated that they would like a one-year extension on the abatement and to increase the amount of equipment they are purchasing from $250,000 to $950,000. Mr. Kinnucan stated that they have exceeded their projected expenditure amount of $250,000. The project is expected to create 12 new jobs. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3484-05 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 WEST SAMPLE STREET, SUITE 1125 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF 18 REGULAR MEETINGJUNE 27, 2005 A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TRIANGLE MACHINES, 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 2702 W. Sample St., Suite 1125 South Bend, Indiana, and which is more particularly described as follows: Parcel of land, North West of North East Section 1637 2E. Containing 5.4021 2E acres or less. and which has Key Numbers 18-8112-421507, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 etseq., and South Bend Municipal Code Sections 2-76 etseq., 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, etseq., 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 etseq., 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. 19 REGULAR MEETINGJUNE 27, 2005 SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Puzzello, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Mai Tran, Triangle Machine, Inc., 3702 W. Sample Street, South Bend, Indiana, residing at 1101 Clover Street, South Bend, Indiana, made the presentation for this bill. Ms. Tran advised that Triangle Machine is a manufacturer of precision-machined components. For the past two years, they have been outsourcing this work to other companies. The purchase of the new equipment will allow for the expansion of capacity, allowing Triangle Machine to be more competitive and will generate additional revenue and create two (2) new jobs. The estimated cost of the new equipment will be $253,000. 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 Kuspa made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS, FIRST READING BILL NO. 40-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE TO EXPAND THE SCOPE OF PROHIBITED CONDUCT WHICH MAY GENERATE AN ACTION TO ABATE A PUBLIC NUISANCE This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on July 11, 2005. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 41-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $35,000.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND, FUND 20 REGULAR MEETINGJUNE 27, 2005 NUMBER 416 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the PARC Committee and set it for Public Hearing and Third Reading on July 11, 2005. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on June 21, 2005: BILL NO. 10-05 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 LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH AND TO REZONE CERTAIN LAND WITHIN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on July 25 2005. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 25-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3610 EDISON ROAD, 3612 EDISON ROAD, 3618 EDISON ROAD AND 1315 HICKORY ROAD, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on July 25 2005. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS CONCERNING THE COLLEGE FOOTBALL HALL OF FAME Mr. Jim Cierzniak, 1156 E. Victoria, South Bend, Indiana, stated that during the Interim Agreement for the operation of the College Football Hall of Fame the NFF furnished the designated representative of the City on the Joint Committee with quarterly operating reports in form and substance consistent with past practice. Mr. Cierzniak further stated that he has been able to get a copy of those reports by filing a FOI request. However, the new executive director of the CFHF, Rick Walls, has been playing hard ball and only give reports to members of the Joint Committee. Mr. Cierzniak questioned the veil of 21 REGULAR MEETINGJUNE 27, 2005 secrecy that Mr. Walls has drawn around the Hall’s operation. Mr. Cierzniak requested that Councilmember Kelly, the only Councilmember on the Joint Committee, share those reports with his fellow Councilmember’s and himself. COMMENTS CONCERNING 1126 W. WASHINGTON, SOUTH BEND, INDIANA (CATHOLIC WORKER HOME) Ms. Noreen Moran, 716 W. Colfax, South Bend, Indiana, commented on the Catholic Worker Home located at 1126 W. Colfax. The homes in that area are zoned for single- family living and clearly, the Catholic Worker Home is not a single-family use. She would like the City to investigate the situation at 1126 W. Colfax and make a ruling that clearly abides by the zoning laws. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:45 p.m. ATTEST: ATTEST: _____________________________ _________________________ John Voorde, City Clerk Charlotte D. Pfeifer, President 22