HomeMy WebLinkAbout09-12-05 Council Meeting Minutes
REGULAR MEETINGSEPTEMBER 12, 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, September 12, 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:
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Present: Derek D. Dieter 1 District
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Charlotte Pfeifer 2 District President
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Roland Kelly 3 District Chairperson, Committee of the Whole
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Ann Puzzello 4 District
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David Varner 5 District
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Ervin Kuspa 6 District
Timothy Rouse At-Large
Al “Buddy” Kirsits At-Large
Karen L. White At-Large Vice-President
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 August 22, 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 White made a motion that the minutes of the August 22, 2005, meeting
of the Council be accepted and placed on file. Councilmember Kelly seconded the
motion which carried by a voice vote of nine (9) ayes.
SPECIAL BUSINESS
RESOLUTION NO. 3511-05 A RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, DESIGNATING AND
ESTABLISHING 401 EAST INDIANA AVENUE
AN HISTORICALLY SIGNIFICANT BUILDING
WHEREAS , the Common Council of the City of South Bend, Indiana, recognizes that
Louis Clark, with the support of other organizations, has maintained his Craftsman
Bungalow Style residence favored by many in the growing neighborhoods in South Bend
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in the early years of the 20 Century; and
WHEREAS, the efforts taken by Louis Clark to maintain and improve his property
located at 401 East Indiana have added to the public good; and
WHEREAS, the Christmas-In-April program selected this property eleven (11) years ago
as one of the houses to be renovated; and
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REGULAR MEETINGSEPTEMBER 12, 2005
WHEREAS, Midland Engineering donated labor and expertise to install a new roof,
retaining its distinctive slop and multi-dormered profile, deep overhanging eaves and
carved wooded brackets; and
WHEREAS, the Historic Preservation Commission of South Bend and St. Joseph County
at it regularly scheduled meeting held on March 17, 2003, recommended that the house
located at 401 East Indiana be commended and recognized by resolution of the Common
Council of South Bend, Indiana for the work Louis Clark and the many volunteers and
donors contributed to the property.
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 thanks and commends Louis Clark for the fine care
and maintenance he has contributed to his Craftsman Bungalow Style resident located at
401 East Indiana Avenue, which has improved the public good of his neighborhood and
which has contributed to the overall quality of life in the City of South Bend, Indiana.
SECTION II. This Resolution shall be in full force and effect from and after its adoption
by the Council and approval by the Mayor.
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s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District
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s/Charlotte D. Pfeifer, 2 District s/Al “Buddy” Kirsits, At Large
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s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large
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s/Ann Puzzello, 4 District s/Karen L. White, At Large
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s/Dr. David Varner, 5 District
s/KathleenCekanski-Farrand,Council Attorney
Attest:
s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend
Councilmember Kuspa, 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. John Oxian, Chairman, Historic Landmark Association, 742 Sancome, South Bend,
Indiana, made the presentation for this bill. Mr. Oxian commended Mr. Louis Clark for
preserving this home.
Mr. Louis Clark, 401 East Indiana Avenue, South Bend, Indiana, thanked the Council for
this honor. Mr. Clark advised that with the help of the many volunteers and donors he
was able to preserve this home.
A Public Hearing was held on the Resolution at this time.
There was no one present wishing to speak to the Council 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.
RESOLUTION NO. 3512-05 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE
PROVISION OF SERVICES TO AN
ANNEXATION AREA IN GERMAN
TOWNSHIP, MARY ANN POWELL & SALLY
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REGULAR MEETINGSEPTEMBER 12, 2005
DUNN ANNEXATION AREA
WHEREAS, there has been submitted to the Common Council of the City of South Bend,
Indiana, an Ordinance and a petition by all (100%) property owners which proposes the
annexation of real estate located in German Township, St. Joseph County, Indiana, which
is described more particularly in Section I of this Resolution; and
WHEREAS, the territory proposed to be annexed encompasses approximately
1.24 acres of land which is currently vacant, which property is at least 12.5% contiguous
to the current City limits, i.e., approximately 57% contiguous, generally located on the
west side of Portage Road, approximately 200 feet south of Brick Road, German
Township, Indiana. It is anticipated that upon annexation and Common Council
approval, the zoning will be changed from "R" Residential to "SF1" Single Family
Residential District, and that eventually the annexation area will be the site of a single
family home. This future expected use will require a basic level of municipal public
services of a non-capital improvement nature, including police and fire protection, street
and road maintenance, street sweeping, flushing, snow removal, and sewage collection,
as well as services of a capital improvement nature, including street and road
construction, street lighting, a sanitary sewer system, a water distribution system, a storm
water system and drainage plan; and
WHEREAS, the Common Council of the City of South Bend, Indiana, now
desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the
cost estimates of services of a non-capital nature, including street and road maintenance,
sewage collection, street sweeping, flushing, and snow removal, police and fire
protection, and other non-capital services normally provided within the corporate
boundaries, and services of a capital improvement nature, including street and road
construction, street lighting, a sanitary sewer extension, a water distribution system, and
a storm water system to be furnished to the territory to be annexed; (2) the method(s) of
financing those services; (3) the plan for the organization and extension of those services;
(4) that services of a non-capital nature will be provided to the annexed area within one
(1) year after the effective date of the annexation, and that they will be provided in a
manner in standard and scope to similar non-capital services provided to areas within the
corporate boundaries of the City of South Bend, regardless of similar topography,
patterns of land use, or population density; (5) that the services of a capital improvement
nature will be provided to the annexed area within three (3) years after the effective date
of the annexation in the same manner as the services are provided to areas within the
corporate boundaries of the City of South Bend, regardless of similar topography,
patterns of land use, or population density, and in a manner consistent with federal, state
and local laws; and (6) the plan for hiring the employees of other governmental entities
whose jobs will be eliminated by the proposed annexation; and
WHEREAS, the Board of Public Works of the City of South Bend, and the Board
of Public Safety of the City of South Bend, have each approved the written fiscal plan as
amended and established a policy for the provision of services to the territory proposed to
be annexed, which plan and policy the Common Council finds to be appropriate and in
the best interest of the City, and, which it desires to adopt.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. It is in the best interest of the City of South Bend and the area proposed
to be annexed that the following described real property located in German Township, St.
Joseph County, Indiana, annexed to the City of South Bend:
A part of the Northwest Quarter of Section 22, Township 38 North, Range
2 East, German Township, St. Joseph County, Indiana and being more
particularly described as follows:
Commencing at the northwest corner the Northwest Quarter of Section 22;
thence South 00°22’11” West along the west line of said Northwest
Quarter, a distance of 129.38 to the west line’s intersection with the
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REGULAR MEETINGSEPTEMBER 12, 2005
westerly right-of-way line of Portage Avenue and the east line of Field
Pointe Subdivision Phase 2 Section 3 as shown in the Office of the
Recorder of St. Joseph County, Indiana as Instrument No. 0003856, said
point being the point of beginning; thence North 69°38’41” East, at right
angles with said westerly right-of-way line, a distance of 70 feet, more or
less to the easterly right-of-way line of said Portage Avenue; thence South
20°21’19” East along said easterly right-of-way line, a distance of 384.09
feet; thence South 69°38’41” West, at right angles with said easterly right-
of-way line, a distance of 70 feet, more or less to a point on the westerly
right-of-way line of said Portage Avenue being the northeast corner of Lot
9 as shown on the recorded plat of Field Pointe Phase Three in said
Recorder’s Office as Instrument No. 0051408; thence South 75°13’56”
West along the north line of said Lot 9, a distance of 140.81 feet to the
northwest corner of said Lot 9, said point also being on said east line of
Field Pointe Phase 2 Section 3; thence North 00°22’11” East along said
east line, a distance of 396.01 feet to the point of beginning containing
1.24 acres more or less.
Section II. It shall be and hereby is now declared and established that it is the
policy of the City of South Bend, to furnish services to said territory of a non-capital
nature, such as police and fire protection, street and road maintenance, sewage collection,
street sweeping, flushing, and snow removal, within one (1) year of the effective date of
the annexation, in a manner equivalent in standard and scope to the services furnished by
the City to other areas of the City regardless of similar topography, patterns of land use, or
population density; and to furnish to said territory services of a capital improvement
nature, such as street and road construction, street lighting, a sanitary sewer extension, a
water distribution system, a storm water system, and drainage plan, within three (3) years
of the effective date of the annexation in the same manner as those services are provided
to areas within the corporate boundaries of the City of South Bend regardless of similar
topography, patterns of land use, or population density, and in a manner consistent with
federal, state and local laws, procedures, and planning criteria.
Section III. The Common Council for the City of South Bend, Indiana shall and
hereby does now establish and adopt the Fiscal Plan, attached hereto as Exhibit “A”, for
the furnishing of said services to the territory to be annexed, which Fiscal Plan provides,
among other things, that existing water and sewer main lines will be sufficient to service
this area; that no new roads or road improvements are required in this annexation area; and
that a street drainage plan will be provided and paid for by the property developer subject
to compliance with state and local law.
Section IV. This Resolution shall be in full force and effect from and of its date
of adoption by the Common Council and approval by the Mayor.
s/Charlotte D. Pfeifer
Member of the Common Council
Councilmember Kuspa, 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.
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Mr. Larry Magliozzi, Assistant Director, Community & Economic Development, 12
Floor County-City Building, 227 W. Jefferson Blvd, South Bend, Indiana, made the
presentation for this bill.
Mr. Magliozzi advised that this is a voluntary annexation and is a 1.24 acre parcel on the
west side of Portage Road, approximately 200 feet south of Brick Road. Mr. Magliozzi
stated that all public improvements, if any, will be required to be done at the expense of
the developer.
A Public Hearing was held on the Resolution at this time.
There was no one present wishing to speak to the Council in favor of or in opposition to
this Resolution, Councilmember Kelly made a motion to adopt this Resolution.
Councilmember Varner seconded the motion which carried and the Resolution was
adopted by a roll call vote of nine (9) ayes.
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REGULAR MEETINGSEPTEMBER 12, 2005
WELCOME BOY SCOUT TROOP #173 FROM GRACE UNITED METHODIST
CHURCH
Council President Charlotte D. Pfeifer welcomed Boy Scout Troop #173 from Grace
United Methodist Church. She thanked them for attending this evening’s Council
Meeting. Council President Pfeifer encouraged the youth to keep involved in local
government.
SPECIAL MEETING OF THE SOUTH BEND COMMON COUNCIL
Councilmember Puzzello made a motion to hold a Special Meeting of the Council on
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Monday, September 19, 2005 at 5:30 p.m. in the Council Chambers, 4 Floor County-
City Building, 227 W. Jefferson Blvd., South Bend, Indiana for the sole purpose of final
action on Bill No. 50-05, Fixing the Annual Pay and Monetary Fringe Benefits of
Firefighters of the South Bend Fire Department and Bill No. 51-05, Fixing the Annual
Pay and Monetary Fringe Benefits of Police Officers of the South Bend Police
Department. Councilmember White seconded the motion, which carried by a voice vote
of nine (9) ayes.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:15 p.m., Councilmember White made a motion to resolve into the Committee of the
Whole. Councilmember Varner 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
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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.
PUBLIC HEARINGS
BILL NO. 45-05 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
ANNEXING TO AND BRINGING WITHIN THE CITY
LIMITS OF SOUTH BEND, INDIANA, CERTAIN
LAND LOCATED AT THE SOUTHWEST CORNER
OF BRICK ROAD & PORTAGE ROAD, MARY ANN
POWELL & SALLY DUNN, COUNCILMANIC
DISTRICT NO. 1, GERMAN TOWNSHIP, SOUTH
BEND, INDIANA
Councilmember Kuspa, 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. Bernie Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend,
Indiana, made the presentation for this bill on behalf of Ms. Mary Ann Powell and Ms.
Sally Dunn, owners of the property.
Mr. Feeney advised that the property sought to be annexed is located at the Southwest
corner of Brick Road & Portage Road. The parcel is 1.24 acres in size and is currently
vacant. Mr. Feeney stated that the contingent purchaser is proposing to construct a single
family residence.
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
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REGULAR MEETINGSEPTEMBER 12, 2005
recommendation to full Council concerning this bill. Councilmember Dieter seconded
the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 42-05 PUBLIC HEARING ON A BILL AMENDING THE
ZONING ORDINANCE FOR PROPERTY LOCATED
AT 1961 E. FOX, COUNCILMANIC DISTRICT (5) IN
THE CITY OF SOUTH BEND, INDIANA
Councilmember Kuspa, 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.
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Mr. P. J. Thuringer, Staff Planner, Area Plan Commission, 11 Floor County-City
Building, South Bend, Indiana, presented the report from the Commission.
Mr. Thuringer advised that the Petitioner is requesting a zone change for one parcel
approximately 6,000 square feet from “SF2” Single Family and Two Family to “OB” –
Office Buffer in order for an attorney to use an existing, vacant office building. On site is
an existing vacant office building zoned “SF2”. To the east across Ironwood Drive are
single-family houses in the City of Mishawaka zoned “R-1” Residential; a single-family
house zoned “C-1” Commercial; a single-family house zoned “C-1” near Ewing Avenue,
which is used as a hairstyling business; and a coffee shop, Jo to Go, zoned “C-7”
Commercial on Ewing Avenue. To the south across East Fox Street is a parking lot and
church/day care nursery zoned “SF2”. To the west are single-family houses zoned
“SF2”. The “OB” Office Buffer District is established to promote the development of
small scale office, professional, business, governmental and quasi-governmental uses.
Since the types of permitted uses in the “OB” District are typically less commercial in
appearance and are architecturally more harmonious with residential structures, this
district can serve as a buffer between residential districts and more intense commercial or
industrial districts. The existing one-story office building is 1,344 square feet, which
covers 23% of the parcel. The paved area covers 34%, and the open space-landscaping
covers 43%. Access will be from the existing driveway on East Fox Street. There is an
existing 6-feet fence on the west side to shield 5 parking spaces. Landscaping is
proposed along the building, and at the entrance of the parking lot. In 1972, the Common
Council rezoned the then vacant, undeveloped property to allow the construction of the
existing building for a doctors office. When the May 7, 2004 City Zoning Map became
effective, it made the office building nonconforming. Ironwood Drive has 4 lanes
adjacent to the site. East Fox Street has two lanes. There is an alley on the west side of
the subject property. The City of South Bend provides water and sewer to the site. There
is a storm sewer drainage project scheduled for fall 2005/spring 2006 on East Fox Street
between Ironwood Drive and Hoke Street.The petitioner has requested variances from
the City Board of Zoning Appeals because the site as it exists today does not meet the
requirements of the zoning ordinance. Staff supports the variances. The Land Use Plan
does not designate the area for a particular growth. The rezoning does not conflict with
the Comprehensive Plan. The surrounding land use is residential; however, the land uses
to the south on Ironwood Drive is mostly commercial. The most desirable land use
would be professional office use since the structure was built as an office. The rezoning
should help conserve the residential property values because the office building was
constructed in 1972 to be compatible in architecture with the residential neighborhood.
The rezoning is responsible development and growth by bringing the zoning designation
into conformance with its intended office land use. Based on information available prior
to the public hearing, Staff recommends that the Area Plan Commission send the
rezoning petition to the Common Council with a favorable recommendation. In 1972, the
Common Council rezoned the then vacant, undeveloped property to allow the
construction of the existing building for a doctors office. The rezoning will bring an
office building into conformance for its intended land use.
Ms. Debra Voltz-Miller, Attorney, 108 N. Main Street, Suite 423, South Bend, Indiana,
made the presentation for this bill.
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REGULAR MEETINGSEPTEMBER 12, 2005
Ms. Voltz-Miller advised that they are requesting a zone change from SF2 Single Family
and Two Family to OB – Office Buffer to allow for the use of professional office space,
specially an attorney office.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
There being no one present wishing to speak to the council either in favor of or in
opposition to this bill, Councilmember Varner made a motion for favorable
recommendation to full Council concerning this bill. Councilmember Puzzello seconded
the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 48-05 PUBLIC HEARING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE ALLEY
TO BE VACATED IS THE FIRST EAST/WEST ALLEY
SOUTH OF CALVERT STREET FROM FRANKLIN
STREET WEST TO THE FIRST NORTH/SOUTH
ALLEY FOR A DISTANCE OF 181.5 FEET AND A
WIDTH OF 14 FEET. BEING A PART OF SHIVELY’S
ADDITION TO THE CITY OF SOUTH BEND, ST.
JOSEPH COUNTY, INDIANA
Councilmember Varner, Chairperson, Public Works and Property Vacation 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. Mike Teeter, 1903 Franklin Street, South Bend, Indiana, made the presentation for
this bill.
Mr. Teeter advised that he is requesting the vacation of the alley because it is overgrown
with trees and brush and is no longer used as an alley.
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 Varner seconded
the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 52-05 PUBLIC HEARING ON A BILL LEVYING TAXES
AND FIXING THE RATE OF TAXATION FOR THE
PURPOSE OF RAISING REVENUE TO MEET THE
NECESSARY EXPENSES OF THE CIVIL CITY OF
SOUTH BEND FOR THE FISCAL YEAR ENDING
DECEMBER 31, 2006
BILL NO. 53-05 PUBLIC HEARING ON A BILL APPROPRIATING
MONIES FOR THE PURPOSE OF DEFRAYING THE
EXPENSES OF SEVERAL DEPARTMENTS OF THE
CIVIL CITY OF SOUTH BEND, INDIANA FOR THE
FISCAL YEAR BEGINNING JANUARY 1, 2006, AND
ENDING DECEMBER 31, 2006, INCLUDING ALL
OUTSTANDING CLAIMS AND OBLIGATIONS, AND
FIXING A TIME WHEN THE SAME SHALL TAKE
EFFECT
BILL NO. 54-05 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND
APPROPIRATING MONIES FOR THE PURPOSE OF
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REGULAR MEETINGSEPTEMBER 12, 2005
DEFRAYING THE EXPENSES OF THE DESIGNATED
ENTERPRISE FUNDS OF THE CITY OF SOUTH
BEND, INDIANA, FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 2006 AND ENDING
DECEMBER 31, 2006, INCLUDING ALL
OUTSTANDING CLAIMS AND OBLIGATIONS, AND
FIXING A TIME WHEN THE SAME SHALL TAKE
EFFECT
Councilmember Puzzello made a motion to combine Bill’s 52-05; 53-05 and 54-05 for
purposes of Public Hearing. Councilmember White seconded the motion which carried
by a voice vote of nine (9) ayes.
Councilmember Kelly, Chairperson, Personnel & Finance Committee, reported that this
committee held a Public Hearing on these bills this afternoon and voted to send them to
the full Council with a favorable recommendation.
Mayor Stephen J. Luecke, 1400 County-City Building, South Bend, Indiana, made the
presentation for these bills.
Mayor Luecke stated
Ms. Catherine Fannello, City Controller, 1400 County-City Building, South Bend,
Indiana gave the power point presentation a copy of which is on file in the Office of the
City Clerk.
Councilmember Puzzello made a motion to continue Bill 52-05 in the Council Portion
Only until the September 26, 2005 meeting of the Council. Councilmember Dieter
seconded the motion which carried by a voice vote of nine (9) ayes.
Councilmember Varner made a motion to continue Bill 53-05 in the Council Portion
Only until the September 26, 2005 meeting of the Council. Councilmember Dieter
seconded the motion which carried by a voice vote of nine (9) ayes.
Councilmember Puzzello made a motion to continue Bill 54-05 in the Council Portion
Only until the September 26, 2005 meeting of the Council. Councilmember Dieter
seconded the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 55-05 PUBLIC HEARING ON A BILL FIXING MAXIMUM
SALARIES AND WAGES OF APPOINTED OFFICERS
AND NON-BARGAINING EMPLOYEES OF THE CITY
OF SOUTH BEND, INDIANA, FOR THE CALENDAR
YEAR 2006
Councilmember Kelly made a motion to consider the substitute version of this bill.
Councilmember Dieter seconded the motion which carried by a voice vote of nine (9)
ayes.
Councilmember Kelly, Chairperson, Personnel & Finance Committee, reported that this
Committee met held a Public Hearing on this bill this afternoon and voted to send it to
the full Council as substituted by updating section 2, (d) with the true monthly
expenditures for insurance and as amended by deleting the phrase or other key employee
having specialized expertise in Section II (g) with a favorable recommendation.
Councilmember Varner made a motion to amend the substitute bill. Councilmember
Rouse seconded the motion, which carried by a voice vote of nine (9) ayes
Catherine Fanello, City Controller, 1400 County-City Building, South Bend, Indiana
made the presentation for this bill.
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REGULAR MEETINGSEPTEMBER 12, 2005
Ms. Fanello advised that this bill is relative to the 2006 budget for the City of South
Bend. The bill is necessary to set forth the annual compensation for non-bargaining
employees for the 2006.
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 as substituted and amended to full Council concerning this bill.
Councilmember Dieter seconded the motion which carried by a voice vote of nine (9)
ayes.
BILL NO. 50-05 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
FIXING THE ANNUAL PAY AND MONETARY
FRINGE BENEFITS OF FIREFIGHTERS OF THE
SOUTH BEND FIRE DEPARTMENT
Councilmember Pfeifer made a motion to refer this bill to the Health and Public Safety
Committee and the Personnel and Finance Committee and set this bill for Public Hearing
and Third Reading on September 19, 2005 at 5:30 p.m. Councilmember Dieter seconded
the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 51-05 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
FIXING THE ANNUAL PAY AND MONETARY
FRINGE BENEFITS OF POLICE OFFICERS OF THE
SOUTH BEND POLICE DEPARTMENT
Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety
Committee and the Personnel and Finance Committee and set this bill for Public Hearing
and Third Reading on September 19, 2005 at 5:30 p.m. Councilmember Varner seconded
the motion which carried by a voice vote of nine (9) ayes
BILL NO. 46-05 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
AMENDING THE SOUTH BEND MUNICIPAL CODE,
CHAPTER 2, ARTICLE 8, CONCERNING OFFICER
AND EMPLOYEE VACATIONS AND OTHER
BENEFITS
Councilmember White made a motion to hear the substitute version of this bill.
Councilmember Varner seconded the motion which carried by a voice vote of nine (9)
ayes.
Councilmember Kelly, Chairperson, Personnel & Finance Committee, reported that this
committee met on this bill this afternoon and voted to send it to the full Council with a
favorable recommendation.
Mr. Charles Leone, City Attorney, 1400 County-City Building, South Bend, Indiana,
made the presentation for this bill.
Mr. Leone advised that this bill is sought to conform with the annual practice set forth in
the Council’s salary ordinance, and also with the City’s Personnel Policies and
Procedures, and to eliminate any inconsistency and was recommended by the State Board
of Accounts. The change is at Section II of the Ordinance which amends Article 2,
Chapter 8, to add a new Section 2-123.1 adding a definition of “key employee.”
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
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REGULAR MEETINGSEPTEMBER 12, 2005
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Puzzello made a motion for favorable
recommendation as substituted to full Council concerning this bill. Councilmember
Dieter seconded the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 57-05 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
MAKING TECHNICAL CORRECTIONS TO
ORDINANCE 9450-03 AND 9527-04 FIXING THE
MAXIMUM SALARIES OF APPOINTED OFFICERS
AND NON-BARGAINING EMPLOYEES IN THE
YEARS 2004 AND 2005
Councilmember White made a motion to hear the substitute version of this bill.
Councilmember Dieter seconded the motion which carried by a voice vote of nine (9)
ayes.
Councilmember Puzzello made a motion to amend the substitute bill. Councilmember
Varner seconded the motion, which carried by a voice vote of nine (9) ayes
Ms. Catherine Fanello, City Controller, 1400 County-City Building, South Bend, Indiana,
made the presentation for this bill.
Ms. Fanello advised that bill allows for the technical corrections to be made to Ordinance
Nos. 9450-03 and 9527-04 fixing the maximum salaries of appointed officers and non-
bargaining employees in the years 2004 and 2005. This bill amends retroactively the
2004 and 2005 salary ordinances to authorize a car allowance for Department Heads and
key employees. This ordinance was suggested by the State Board of Accounts and the
new language specifies the dollar range of the car allowance, i.e., from $1.00 to $500.00
per month, consistent with the 2006 salary ordinance.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Puzzello made a motion for favorable
recommendation as substituted and amended to full Council concerning this bill.
Councilmember Varner seconded the motion which carried by a voice vote of nine (9)
ayes.
BILL NO. 58-05 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $4,000,000 WITHIN FUND 101 FOR
THE PURPOSE OF REDEVELOPMENT OF THE
STUDEBAKER-OLIVER PROJECT AREA
BILL NO. 59-05 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $248,000 OF UNITED STATES
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT ECONOMIC DEVELOPMENT
INITIATIVE GRANT FUNDS WITHIN FUND 209 FOR
THE PURPOSE OF REVITALIZATION OF THE
STUDEBAKER/OLIVER REDEVELOPMENT AREA
BILL NO. 60-05 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
TO ESTABLISH ONE ADDITIONAL FUND, NAMELY,
FUND NO. 429 TIF DISTRICT – NORTHEAST
10
REGULAR MEETINGSEPTEMBER 12, 2005
DEVELOPMENT AREA
BILL NO. 61-05 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
TO ESTABLISH ONE ADDITIONAL FUND, NAMELY,
FUND NO. 430 TIF DISTRICT – SOUTH SIDE
DEVELOPMENT AREA #1
BILL NO. 62-05 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
TO ESTABLISH ONE ADDITIONAL FUND, NAMELY,
FUND NO. 431 TIF DISTRICT – SOUTH SIDE
DEVELOPMENT AREA #2 (ERSKINE COMMONS)
BILL NO. 63-05 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
TO ESTABLISH ONE ADDITIONAL FUND, NAMELY,
FUND NO. 432 TIF DISTRICT – SOUTH SIDE
DEVELOPMENT AREA #3 (ERSKINE VILLAGE)
RISE AND REPORT
Councilmember Varner made a motion to rise and report to the full Council.
Councilmember Dieter seconded the motion which carried by a voice vote of 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 8:05 p.m. Council
President Charlotte D. Pfeifer presided with nine (9) members present.
BILLS, THIRD READING
ORDINANCE NO. 9609-05 AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT
1961 E. FOX, COUNCILMANIC DISTRICT (5)
IN THE CITY OF SOUTH BEND, INDIANA
ORDINANCE NO. 9610-05 AN ORDINANCE TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE
ALLEY TO BE VACATED IS THE FIRST
EAST/WEST ALLEY SOUTH OF CALVERT
11
REGULAR MEETINGSEPTEMBER 12, 2005
STREET FROM FRANKLIN STREET WEST TO
THE FIRST NORTH/SOUTH ALLEY FOR A
DISTANCE OF 181.5 FEET AND A WIDTH OF
14 FEET. BEING A PART OF SHIVELY’S
ADDITION TO THE CITY OF SOUTH BEND,
ST. JOSEPH COUNTY, INDIANA
ORDINANCE NO. 9611-05 AN ORDINANCE FIXING MAXIMUM
SALARIES AND WAGES OF APPOINTED
OFFICERS AND NON-BARGAINING
EMPLOYEES OF THE CITY OF SOUTH BEND,
INDIANA, FOR THE CALENDAR YEAR 2006
ORDINANCE NO. 9612-05 AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AMENDING THE SOUTH BEND
MUNICIPAL CODE, CHAPTER 2, ARTICLE 8,
OTHER BENEFITS
ORDINANCE NO. 9613-05 AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, MAKING TECHNICAL
CORRECTIONS TO ORDINANCE 9450-03 AND
9527-04 FIXING THE MAXIMUM SALARIES
OF APPOINTED OFFICERS AND NON-
BARGAINING EMPLOYEES IN THE YEARS
2004 AND 2005
ORDINANCE NO. 9614-05 AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING $4,000,000
WITHIN FUND 101 FOR THE PURPOSE OF
REDEVELOPMENT OF THE STUDEBAKER-
OLIVER PROJECT AREA
ORDINANCE NO. 9615-05 AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING $248,000 OF
UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT ECONOMIC
DEVELOPMENT INITIATIVE GRANT FUNDS
WITHIN FUND 209 FOR THE PURPOSE OF
REVITALIZATION OF THE
STUDEBAKER/OLIVER REDEVELOPMENT
AREA
ORDINANCE NO. 9616-05 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA TO
ESTABLISH ONE ADDITIONAL FUND,
NAMELY, FUND NO. 429 TIF DISTRICT –
NORTHEAST DEVELOPMENT AREA
ORDINANCE NO. 9617-05 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA TO
ESTABLISH ONE ADDITIONAL FUND,
NAMELY, FUND NO. 430 TIF DISTRICT –
SOUTH SIDE DEVELOPMENT AREA #1
ORDINANCE NO. 9618-05 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
TO ESTABLISH ONE ADDITIONAL FUND,
NAMELY, FUND NO. 431 TIF DISTRICT –
12
REGULAR MEETINGSEPTEMBER 12, 2005
SOUTH SIDE DEVELOPMENT AREA #2
(ERSKINE COMMONS)
ORDINANCE NO. 9619-05 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA TO
ESTABLISH ONE ADDITIONAL FUND,
NAMELY, FUND NO. 432 TIF DISTRICT –
SOUTH SIDE DEVELOPMENT AREA #3
(ERSKINE VILLAGE)
RESOLUTIONS
RESOLUTION NO. 3513-05 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 2004 E.
EDISON ROAD
s/Charlotte D. Pfeifer
Member of the Common Council
BILL NO. 05-110 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 926 BLAINE
STREET, SOUTH BEND, INDIANA
Councilmember Kuspa made a motion to continue this bill until the September 26, 2005
meeting of the Council, at the request of the petitioner. Councilmember Varner seconded
the motion which carried by a voice vote of nine (9) ayes.
RESOLUTION NO. 3514-05 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 6302 U.S. 31
SOUTH, SOUTH BEND, INDIANA
s/Charlotte D. Pfeifer
Member of the Common Council
RESOLUTION NO. 3515-05 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
13
REGULAR MEETINGSEPTEMBER 12, 2005
THE PROPERTY LOCATED AT 1622 N.
JOHNSON ST., SOUTH BEND, INDIANA
s/Charlotte D. Pfeifer
Member of the Common Council
RESOLUTION NO. 3616-05 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITH THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 3220
TOPSFIELD ROAD AS A RESIDENTIALLY
DISTRESSED AREA FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR MARVIN
L. WARD
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 3230
Topsfield Road, South Bend, Indiana, and which is more particularly described as
follows:
Lot 13 Deer Run at Topsfield Section One Split out of 26-1001-000131
93-94
,
and this property has a Tax Key Number 26-1001-000135be designated as a
Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq.,
and South Bend Municipal Code Sections 2-76 et seq., and;
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for a residentially
distressed area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the petition for real
property tax abatement and the Statement of Benefits form meet the requirements of
Indiana Code 6-1.1-12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one
of the following conditions as formally established in Ordinance no. 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:
14
REGULAR MEETINGSEPTEMBER 12, 2005
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-
25; or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as
documented by census information, local building and demolition permits, or certificates
of occupancy, or the areas are owned by Indiana or the United States; or
G. The area (plus any areas previously designated under this subsection) will not
exceed ten percent (10%) of the total area within the Council’s jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable
standards for such development.
B. That the estimate of the value of the redevelopment is reasonable for projects of
this nature;
C. That the other benefits about which information was requested are benefits that
can be reasonably expected to result from the proposed described redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code 6-1.1-12.1-3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to meet
local code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is completed
within five (5) calendar years from the date of the adoption of this Resolution by the
Common Council.
SECTION IV. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as a Residentially Distressed Area for the purposes
of tax abatement. Such designation is for Real property tax abatement only and is limited
to five (5) calendar years from the date of adoption of the Declaratory Resolution by the
Common Council.
SECTION V. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for a period of five (5) years, and
further determines that the petition complies with Chapter 2, Article 6, of the Municipal
Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq.
SECTION VI. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/Charlotte D. Pfeifer
Member of the Common Council
RESOLUTION NO. 3517-05 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
15
REGULAR MEETINGSEPTEMBER 12, 2005
INDIANA, COMMONLY KNOWN AS 920
NOTRE DAME AVENUE AS A
RESIDENTIALLY DISTRESSED AREA FOR
PURPOSES OF A FIVE (5) YEAR
RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR WILLIAM J. AND ANGELA
APPLEBY PURCELL
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 902
Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as
follows:
nd
The West ½ of Lot 121, Edward Sorin’s 2 Addition.
,
and this property has a Tax Key Number 18-5106-3721be designated as a Residentially
Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend
Municipal Code Sections 2-76 et seq., and;
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for a residentially
distressed area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the petition for real
property tax abatement and the Statement of Benefits form meet the requirements of
Indiana Code 6-1.1-12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one
of the following conditions as formally established in Ordinance no. 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
16
REGULAR MEETINGSEPTEMBER 12, 2005
G. The area (plus any areas previously designated under this subsection) will not
exceed ten percent (10%) of the total area within the Council’s jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable
standards for such development.
B. That the estimate of the value of the redevelopment is reasonable for projects of
this nature;
C. That the other benefits about which information was requested are benefits that
can be reasonably expected to result from the proposed described redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code 6-1.1-12.1-3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to meet
local code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is completed
within five (5) calendar years from the date of the adoption of this Resolution by the
Common Council.
SECTION IV. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as a Residentially Distressed Area for the purposes
of tax abatement. Such designation is for Real property tax abatement only and is limited
to five (5) calendar years from the date of adoption of the Declaratory Resolution by the
Common Council.
SECTION V. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for a period of five (5) years, and
further determines that the petition complies with Chapter 2, Article 6, of the Municipal
Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq.
SECTION VI. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/Charlotte D. Pfeifer
Member of the Common Council
RESOLUTION NO. 3518-05 A RESOLUTION CONFIRMING THE 8
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS LOTS
NUMERED 16 THROUGH 42 AND 62
THROUGH 72 JADE CROSSING SUBDIVISION,
SECTION FOUR AS RESIDENTIALLY
DISTRESSED AREAS FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR CLELAND
BUILDERS, INC.
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 lot
4,
numbers 16 through 42 and 62 through 72 Jade Crossing Subdivision, Section South
Bend, Indiana, and which are more particularly described as follows:
17
REGULAR MEETINGSEPTEMBER 12, 2005
Street Address: Legal Description: Key Number:
4522 Sapphire Drive Lot 16, Jade Crossing, Section 4 25-1013-020949
4514 Sapphire Drive Lot 17, Jade Crossing, Section 4 25-1013-020950
4506 Sapphire Drive Lot 18, Jade Crossing, Section 4 25-1013-020951
4408 Sapphire Drive Lot 19, Jade Crossing, Section 4 25-1013-020952
4306 Sapphire Drive Lot 20, Jade Crossing, Section 4 25-1013-020953
4314 Sapphire Drive Lot 21, Jade Crossing, Section 4 25-1013-020954
4322 Sapphire Drive Lot 22, Jade Crossing, Section 4 25-1013-020955
4330 Sapphire Drive Lot 23, Jade Crossing, Section 4 25-1013-020956
4338 Sapphire Drive Lot 24, Jade Crossing, Section 4 25-1013-020957
4346 Sapphire Drive Lot 25, Jade Crossing, Section 4 25-1013-020958
Or 4322 Cherry Pointe Drive
4410 Cherry Pointe Drive Lot 26, Jade Crossing, Section 4 25-1013-020959
Or 4545 Sapphire Drive
4418 Cherry Pointe Drive Lot 27, Jade Crossing, Section 4 25-1013-020960
4335 Sapphire Drive Lot 28, Jade Crossing, Section 4 25-1013-020961
4327 Sapphire Drive Lot 29, Jade Crossing, Section 4 25-1013-020962
4317 Sapphire Drive Lot 30, Jade Crossing, Section 4 25-1013-020963
4407 Sapphire Drive Lot 31, Jade Crossing, Section 4 25-1013-020964
4415 Sapphire Drive Lot 32, Jade Crossing, Section 4 25-1013-020965
Or 4304 Onyx Drive
4312 Onyx Way Lot 33, Jade Crossing, Section 4 25-1013-020966
4320 Onyx Way Lot 34, Jade Crossing, Section 4 25-1013-020967
4328 Onyx Way Lot 35, Jade Crossing, Section 4 25-1013-020968
4336 Onyx Way Lot 36, Jade Crossing, Section 4 25-1013-020969
4342 Onyx Way Lot 37, Jade Crossing, Section 4 25-1013-020970
Or 4426 Cherry Pointe Drive
4508 Cherry Pointe Drive Lot 38, Jade Crossing, Section 4 25-1013-020971
Or 4343 Onyx Way
4335 Onyx Way Lot 39, Jade Crossing, Section 4 25-1013-020972
4327 Onyx Way Lot 40, Jade Crossing, Section 4 25-1013-020973
4319 Onyx Way Lot 41, Jade Crossing, Section 4 25-1013-020974
4309 Onyx Way Lot 42, Jade Crossing, Section 4 25-1013-020975
Or 4509 Sapphire Drive
4513 Cherry Pointe Drive Lot 62, Jade Crossing, Section 4 25-1013-020977
4505 Cherry Pointe Drive Lot 63, Jade Crossing, Section 4 25-1013-020978
4431 Cherry Pointe Drive Lot 64, Jade Crossing, Section 4 25-1013-020979
4423 Cherry Pointe Drive Lot 65, Jade Crossing, Section 4 25-1013-020980
4415 Cherry Pointe Drive Lot 66, Jade Crossing, Section 4 25-1013-020981
4407 Cherry Pointe Drive Lot 67, Jade Crossing, Section 4 25-1013-020982
4331 Cherry Pointe Drive Lot 68, Jade Crossing, Section 4 25-1013-020983
4325 Cherry Pointe Drive Lot 69, Jade Crossing, Section 4 25-1013-020984
4319 Cherry Pointe Drive Lot 70, Jade Crossing, Section 4 25-1013-020985
4313 Cherry Pointe Drive Lot 71, Jade Crossing, Section 4 25-1013-020986
4305 Cherry Pointe Drive Lot 72, Jade Crossing, Section 4 25-1013-020987
be designated as a Residentially Distressed Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for 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:
18
REGULAR MEETINGSEPTEMBER 12, 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.
19
REGULAR MEETINGSEPTEMBER 12, 2005
s/Charlotte D. Pfeifer
Member of the Common Council
RESOLUTION NO. 3519-05 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 1827 NORTH
BENDIX DRIVE AN ECONOMIC
REVITALIZATION AREA FOR PURPOSE OF A
FIVE (5) YEAR PERSONAL PROPERTY TAX
ABATEMENT FOR MANN+HUMMEL USA,
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 1827 North Bendix Drive South
Bend, Indiana, and which is more particularly described as follows:
A parcel of land being part of the Northeast Quarter of the Southeast Quarter of Section
33. Township 38 North, Range 2 East, in the City of South Bend, Portage Township, St.
Joseph County, Indiana.
and which has Key Numbers 18-2184-693802, be designated as an Economic
Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South
Bend Municipal Code Sections 2-76 et seq., and;
WHEREAS, the Department of Community and Economic Development has concluded
an investigation and prepared a report with information sufficient for the Common
Council to determine that the area qualifies as an Economic Revitalization Area under
Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq.,
and has further prepared maps and plats showing the boundaries and such other
information regarding the area in question as required by law; and
WHEREAS, the Community and Economic Development Committee of the Common
Council has reviewed said report and recommended to the Common Council that the area
qualifies as an Economic Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds 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.
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REGULAR MEETINGSEPTEMBER 12, 2005
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 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
BILLS, FIRST READING
BILL NO. 64-05 FIRST READING ON A BILL AMENDING THE
ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1126 WEST WASHINGTON
STREET, COUNCILMANIC DISTRICT 2 IN THE
CITY OF SOUTH BEND, INDIANA
BILL NO. 65-05 FIRST READING ON A BILL AMENDING THE
ZONING ORDINANCE FOR PROPERTIES
LOCATED AT 316 WILLIAM, 318, 320, 322, 324,
AND 326 W. MADISON, COUNCILMANIC
DISTRICT 1 IN THE CITY OF SOUTH BEND,
INDIANA
BILL NO. 66-05 FIRST READING ON A BILL AMENDING THE
ZONING ORDIANNCE FOR PROPERTY
LOCATED AT 1640 SOUTH BEND AVENUE
AND PROPERTY BETWEEN 1612 AND 1640
SOUTH BEND AVENUE, SOUTH BEND,
INDIANA 46617 COUNCILMANIC DISTRICT 4
IN THE CITY OF SOUTH BEND, INDIANA
BILL NO. 67-05 FIRST READING ON A BILL AMENDING THE
ZONING ORDINANCE FOR PROPERTY
LOCATED AT 2221 LINCOLNWAY WEST,
COUNCILMANIC DISTRICT 2, IN THE CITY
21
REGULAR MEETINGSEPTEMBER 12, 2005
OF SOUTH BEND, INDIANA
BILL NO. 68-05 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, ANNEXING TO AND
BRINGING WITHIN THE CITY LIMITS OF
SOUTH BEND, INDIANA, AND AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED IN CLAY TOWNSHIP
CONTIGUOUS THEREWITH:
COUNCILMANIC DISTRICT #1, RICHARD &
MARSHA PULLIN AND SHIRLEY COMBS,
NORTHEAST CORNER OF S.R. #23 AND MC
ERLAIN STREET, SOUTH BEND, INDIANA
BILL NO. 69-05 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 20
OF THE MUNICIPAL CODE TO INCREASE
THE FINE PROVIDED FOR PARKING IN
AREAS DESIGNATED BY SIGNS AS NO
PARKING AREAS DURING CERTAIN HOURS
ON DATES OF SPECIAL EVENTS
BILL NO. 70-05 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 13,
ARTICLE 4, SECTION 13-57 AND 13-57.05 OF
THE SOUTH BEND MUNICIPAL CODE TO
CLARIFY PROHIBITED NOISES WITHIN THE
CITY OF SOUTH BEND
UNFINISHIED BUSINESS
There was no unfinished business to come before the Council at this time.
NEW BUSINESS
Councilmember White advised that she and Councilmember Kelly are members of the
Urban Enterprise Association and this board met regarding the Western Avenue and
Southgate Corridors.
PRIVILEGE OF THE FLOOR
COMMENTS CONCERNING THE PROPOSED TONDU CORPORATION’S COAL
GASIFICATION POWER PLANT IN NEW CARLISLE, INDIANA
Mr. Bob Asplund, (no address given)
Mr. Jack Daly, 217 W. Michigan Street, New Carlisle, Indiana
Mr. Tom Pietrzak, 501 S. ______, New Carlisle, Indiana
Mr. Howard ________, 202 S. Filbert Road, New Carlisle, Indiana
Council Attorney Kathleen Cekanski-Farrand asked City Clerk John Voorde to contact
Police Chief Thomas Fautz before the next South Bend Common Council Meeting to ask
why security was not provided for the meeting tonight. Ms. Cekanski-Farrand also asked
City Clerk John Voorde to get in writing a schedule from Police Chief Fautz as to what
Officer will be attending the remaining Council meetings until the end of the year.
ADJOURNMENT
There being no further business to come before the Council, President Pfeifer adjourned
the meeting at 8:55 p.m.
22
REGULAR MEETINGSEPTEMBER 12, 2005
ATTEST: ATTEST:
________________________ _________________________
John Voorde, City Clerk Charlotte D. Pfeifer, President
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