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HomeMy WebLinkAbout10-24-05 Council Meeting Minutes REGULAR MEETINGOCTOBER 24, 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, October 25, 2005 at 7:00 p.m. The meeting was called to order by Vice-President Karen L. White and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Derek D. Dieter 1 District th Ann Puzzello 4 District th David Varner 5 District th Ervin Kuspa 6 District Timothy Rouse At-Large Al “Buddy” Kirsits At-Large Karen L. White At-Large Vice-President nd Absent: Charlotte Pfeifer 2 District President rd Roland Kelly 3 District Chairperson, Committee of the Whole 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 October 10, 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 Puzzello made a motion that the minutes of the October 10, 2005, meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS BILL NO. 05-123 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, WAGGONER’S DAIRY FARM, INC., PHASE II ANNEXATION AREA Councilmember Kuspa made a motion to continue this bill until the November 14, 2005 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. 1 REGULAR MEETINGOCTOBER 24, 2005 REPORTS OF CITY OFFICES DEPARTMENT OF PUBLIC WORKS DIRECTOR GARY GILOT GIVING A PRESENTATION OF BACKGROUND INFORMATION ON COMBINED SEWER OVERFLOW AND OTHER UTILITY PROPOSED RATE INCREASES. Mr. Jack Dillion, Director, Environmental Services, 3113 Riverside Drive, South Bend, Indiana, made the presentation for this bill. Mr. Dillion advised that South Bend’s sewer system, like many in cities throughout the U.S. is antiquated and can no longer handle the amount of sewage and rainwater that flows through it. In fact, the system was never designed to capture more than four times the peak dry weather flow. During dry weather, sewage flows safely through the sewers to our wastewater treatment plant. However, about 65 storms in a typical year are big enough to overwhelm the sewers and cause raw sewage to overflow into the St. Joseph River and sometimes back up into people’s basements. More than 100 years ago, South Bend built a sewer system to carry rainwater and melting snow away from homes, businesses and streets. This was standard practice at the time. When indoor plumbing came later, homeowners and business owners hooked their sewage lines to the storm sewers, combining stormwater and sewage in one pipe. During dry weather, the combined sewers carry sewage to the city’s treatment plant. However, when it rains or snow melts, the sewers can be overloaded with incoming stormwater. When this happens, the sewers are designed to capture the first flush and then overflow into nearby streams and rivers. Sometimes, they can even back up into basements. Raw sewage backing up into people’s homes is a serious health hazard. In addition, the St. Joseph River doesn’t meet recreational standards for E. coli bacteria about 40 percent of the time during a typical year – and 30 percent of the time during the warm-weather months when people use the river for recreation. E. coli is an indicator of human or animal waste and disease-causing organisms in the water. Some E. coli in a waterway is natural; high levels have been linked to stomach cramps, diarrhea and other gastrointestinal illnesses among swimmers and people who ingest or swallow water during recreation. The City is working with the U.S. Environmental Protection Agency and the Indiana Department of Environmental Management to develop a long-term plan to reduce raw sewage overflows. The first phase is a 10-year, $118 million plan to solve chronic sewage backups into basements in several neighborhoods and improve sewage collection and treatment. The 10-year plan, when complete, will reduce annual raw sewage overflow volumes by 38 percent. Phase 2 of the city’s long-term plan will be developed following further study, public input and clarification of regulatory requirements for improving the river. th Mr. Gary Gilot, Director, Public Works, 13 Floor County-City Building, South Bend, Indiana, talked about the projects financing. Mr. Gilot advised that to finance projects planned in 2006-2009, the city must raise sewer rates each year. Rates will rise from their current average of $16.77 per month to $22.17 in 2006 and to $30.00 in 2009. Projected rates are based upon a monthly residential bill of 5,000 gallons. The regular sewer rate increases will be required very year or two for the next 20 years or more to finance the project required by the state and federal governments. South Bend sewer rates are competitive with other cities’ rates, even though we have moved forward faster than most other communities to reduce overflows. Mr. Gilot stated, ratepayers need to know that their money is going into worthwhile projects and not building up in a city bank account. For this reason, rates will only be raised as the revenue is needed. The City took advantage of low-interest or zero-interest loans to pay for the $87 million in projects over the past 15 years. Unfortunately, sewer rate increases are going to become a regular occurrence for the foreseeable future – not only here in South Bend, but in cities all over Indiana and the nation. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:25 p.m., Councilmember Kuspa made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of 2 REGULAR MEETINGOCTOBER 24, 2005 seven (7) ayes. Vice-President Karen L. White, presiding, in the absence of Councilmember Roland Kelly, Chairperson, Committee of the Whole. Councilmember White 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. PUBLIC HEARINGS BILL NO. 43-05 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, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN PROPERTY LOCATED AT 50929 ORANGE ROAD, AND ADJACENT PROPERTY, WAGGONER’S DAIRY FARM INC., PHASE II, COUNCILMANIC DISTRICT NO. 1, GERMAN TOWNSHIP, CITY OF SOUTH BEND, INDIANA Councilmember Kuspa made a motion to accept the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Rouse made a motion to continue this bill until the November 14, 2005 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 47-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 2, RESIDENTIAL DISTRICTS, TO ALLOW TEMPORARY SALES OFFICES FOR RESIDENTIAL SUBDIVISIONS; TO ADD USES TO THE MF1 URBAN CORRIDOR MULTIFAMILY, MF 2 HIGH DENSITY RESIDENTIAL, MU MIXED USE, LB LOCAL BUSINESS; CB COMMUNITY BUSINESS, CBD CENTRAL BUSINESS DISTRICT, GB GENERAL BUSINESS, LI LIGHT INDUSTRIAL AND GI GENERAL INDUSTRIAL DISTRICTS; CLARIFY FENCING REGULATIONS IN THE U UNIVERSITY DISTRICT; CLARIFY LANDSCAPING REQUIREMENTS; MODIFY THE DEFINITION OF SPECIAL EVENTS; AND CLARIFY THE DISPLAY OF POLITICAL SIGNS Councilmember Varner made a motion to continue this bill until the November 28, 2005 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 70-05 PUBLIC HEARING 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 3 REGULAR MEETINGOCTOBER 24, 2005 Councilmember Rouse made a motion to continue this bill until the November 14, 2005 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 76-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-3.1 OF THE SOUTH BEND MUNICIPAL CODE TO MODIFY THE DATE OF THE MAYOR’S ANNUAL ADDRESS TO THE COMMON COUNCIL Councilmember Dieter made a motion to consider the second substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Varner, Chairperson, reported that this Committee held a Public Hearing on the second substitute version of this bill and sends it to the Council with a favorable recommendation. Councilmember David Varner, 1306 Clayton Drive, South Bend, Indiana, made the presentation on this bill. Councilmember Varner advised that these changes are being recommended to allow the Mayor additional time and flexibility to prepare for the address to the Common Council at the first regular scheduled Council meeting each February. 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 to send the second substitute version of this bill to the full Council favorably. Councilmember Rouse seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 75-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND, INDIANA, TO ISSUE ITS ADJUSTABLE RATE DEMAND ECONOMIC DEVELOPMENT REVENUE BONDS FOR THE STANLEY CLARK SCHOOL, INCORPORATED AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO Councilmember Rouse made a motion to continue this bill until the November 28, 2005 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. RISE AND REPORT Councilmember Rouse made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. 4 REGULAR MEETINGOCTOBER 24, 2005 ATTEST: ATTEST: __________________________ __________________________ John Voorde, City Clerk Roland Kelly, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:30 p.m. Vice- President Karen L. White presided with seven (7) members present. BILLS, THIRD READING ORDINANCE NO. 9630-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-3.1 OF THE SOUTH BEND MUNICIPAL CODE TO MODIFY THE DATE OF THE MAYOR’S ANNUAL ADDRESS TO THE COMMON COUNCIL This bill had third reading. Councilmember Puzzello made a motion to entertain the second substitute version of this bill as was heard in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Puzzello made a motion for the passage of second substitute Bill No. 76-05. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. RESOLUTIONS RESOLUTION NO. 3526-05 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2502 BERTRAND STREET, 2107 ROGER STREET, 1706 SOUTH WILLIAM STREET AND 606 WEST CALVERT STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR FREDERICK WILLIAMS 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 2502 Bertrand Street, 2107 Roger Street, 1706 South William Street, and 606 West Calvert Street, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 2502 Bertrand St. Lot 113 Kaleys 2nd 18-2067-2484 5 REGULAR MEETINGOCTOBER 24, 2005 2107 Roger St. Lot 9 Robinsons & Haughtons Sub of 18-2028-0886 Lots 3 & 4 K & M Add 1706 S. William St. N ½ Lot 18 South Bend & 18-8029-1203 Gary Land Co. st 606 W. Calvert St. Lot 132 DM Shivelys 1 Add 18-8042-1664 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, 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 f or 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. 6 REGULAR MEETINGOCTOBER 24, 2005 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 reconfirms 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 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. Tedd Schafer, Economic Development Specialist, 1200 County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Schafer advised that Frederick Williams was approved for a residential tax abatement on June 13, 2005 for properties located at 2502 Bertrand St., 2107 Roger St., 1706 S. Williams St., and 606 W. Calvert St. The tax key numbers for the above properties were incorrectly listed on the resolutions. Mr. Schafer request the Council favorable consideration of the reconfirming resolution for the sole purpose of correcting the scrivener’s error. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 3527-05 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 301 EAST SAMPLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MOSSBERG & COMPANY, 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 301 East Sample Street, South Bend, Indiana, and which is more particularly described as follows: 7 REGULAR MEETINGOCTOBER 24, 2005 Lots Numbered Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19) and Twenty (20) as shown on the recorded plat of John C. Knoblock’s Subdivision of Out Lot Thirty-nine (39) in Denniston & Fellows Addition to the Town, now City of South Bend, recorded March 28, 1902, in Plat Book 8, Page 69, together with the vacated East-West alley lying between Lots Numbered Fifteen (15) and Sixteen (16); excepting the South Forty (40) feet of Lots Numbered Nineteen (19) and Twenty (20) heretofore conveyed to the Civil City of South Bend, Indiana for street and roadway purposes. Also Lots Numbered Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12) as shown on the recorded plat of William S. Anderson’s Subdivision of Lot Numbered Forty (40) in Denniston and Fellows’ Addition to the City of South Bend, in St. Joseph County, Indiana, together with the vacated East-West alley between Lots Numbered Nine (9), Ten (10), Eleven (11) and Twelve (12), on the North side, and Lots Numbered Three (3), Four (4), Five (5), Six (6), Seven (7) and Eight (8) on the South side, together with the vacated North-South alley lying between Lots Numbered Six (6) and Seven (7); excepting the South Forty (40) feet of Lots Numbered Seven (7) and Eight (8). BUT EXCLUDING: A parcel of land being part of lot 30 as shown on the recorded plat of Denniston and Fellows Addition and part of the East Half of the Southwest Quarter of Section 12, Township 37 North, Range 2 East, all in Portage Township, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the North line of Tutt Street, 22.23 feet South 89 degrees 41’55” East (bearing assumed) from the Southwest corner of said Lot 30; thence South 89 degrees 41’55” East along the North line of Tutt Street, 155.62 feet to a point (295.09 feet, record) North 89 degrees 41’55” West of the Southeast corner of said Lot 30, and being on the East line of the East side of an existing concrete block building; thence North 00 degrees 33’35” East along said East line of said block building, 184.30 feet to the Southerly line of the Consolidated Railroad Corporation right-of-way; thence South 89 degrees 58’00” West along said railroad southerly right-of-way line, 6.79 feet to an angle in said railroad right-of- way; thence North 57 degrees 16’15” West along said railroad southerly right-of- way line, 128.09 feet; thence South 32 degrees 43’45” West, 75.89 feet; thence South 00 degrees 33’35” West, 188.90 feet to the point of beginning. and which has Key Numbers 18-3024-0869, 18-3022-0827, 18-3022-082701, 18-3024- 0897, 18-3024-0898, 18-3024-0899, and 18-3024-0900, 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: 8 REGULAR MEETINGOCTOBER 24, 2005 SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1-12.1-4.5 et seq., that: a. the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of 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. Mr. Richard Deahl, Attorney at Law, Barnes & Thornburg, LLP, 100 N. Michigan Street, Suite 600, South Bend, Indiana, made the presentation on behalf of Mossberg & Company, Inc. Mr. Gary Belting, Vice President of Finance, Mossberg & Company, Inc. 301 East Sample Street, South Bend, Indiana, was also present. Mr. Deahl advised that Mossberg & Company is engaged in the lithography and printing industry. The company prints and lithographs high quality, close tolerance, color brochures and inserts for the medical products industry, annual and quarterly statements 9 REGULAR MEETINGOCTOBER 24, 2005 for publicly held companies, and a variety of printing material, particularly for companies with needs for high quality, close tolerance printing. To maintain the high quality standard and cost effectiveness, the company will be purchasing and installing new manufacturing. Logistical distribution and IT equipment including an offset printing press, felxographic press, cutter, stitcher and related equipment. The total cost of the new equipment is estimated to be between $5,500,000 and $6,500,000. It is estimated that this project will create four (4) new, permanent, full-time jobs representing a new annual payroll of approximately $166,000. The project will also maintain one hundred and forty-two (142) existing permanent full time and part time jobs representing an annual payroll of $7,670,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Rouse seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 3528-05 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 LOTS NUMBERED 100 THROUGH 115, IRELAND WOODS SUBDIVISION, SECTION TWO, PART ONE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ULLERY DEVELOPMENT, LLC WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as Lots numbered 100 through 106 Ireland Woods Subdivision, Section Two, Part One, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 1809 Overlook Ct. Lot 100 Ireland Woods Subdivision 23-1040-223202 1870 Overlook Ct. Lot 101 Ireland Woods Subdivision 23-1040-223203 1825 Overlook Ct. Lot 102 Ireland Woods Subdivision 23-1040-223204 1833 Overlook Ct. Lot 103 Ireland Woods Subdivision 23-1040-223205 1841 Overlook Ct. Lot 104 Ireland Woods Subdivision 23-1040-223206 1849 Overlook Ct. Lot 105 Ireland Woods Subdivision 23-1040-223207 1857 Overlook Ct. Lot 106 Ireland Woods Subdivision 23-1040-223208 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. 10 REGULAR MEETINGOCTOBER 24, 2005 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 determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be 11 REGULAR MEETINGOCTOBER 24, 2005 designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Puzzello made a motion to accept the substitute version of this Resolution as on file with the City Clerk. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Puzzello, Chairperson, Community and Economic Development Committee reported that this Committee held a Public Hearing on this substituted bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Bernard Feeney, Registered Land Surveyor, Lang, Feeney & Associates Inc., 715 S. Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the property owner Ullery Development, LLC. Mr. Feeney advised that this project will develop fifteen (15) lots on 3.33 acres of land between 4044 Sampson and 4104 Sampson. The homes will be constructed by Ullery Development, LLC. The average cost of homes within this development is expected to be $250,000 with a total value of $3,750,000. Mr. Feeney advised that he will file an amended petition with the City Clerk’s Office on Tuesday, October 25, 2005. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Rouse seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 3529-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING DEPOSIT OF VARIOUS NON- TAX REVENUE MONIES INTO FUND 209 WHEREAS, the South Bend Common Council established Fund 209 by Ordinance #9214-01 for the deposit and disbursement of federal grants received or 12 REGULAR MEETINGOCTOBER 24, 2005 receivable by the City for use within the Studebaker/Oliver Plan Revitalization Project; and WHEREAS, the City anticipates receipt of proceeds from Allied Products in settlement of a lawsuit for environmental damage at the Oliver Stamping Plant; and WHEREAS, it is appropriate that any lawsuit settlement proceeds be deposited into Fund 209 because such funds are not tax revenues and are more analogous to grant funds, and because they should be used to further the Studebaker/Oliver Plan Revitalization Project; and WHEREAS, the City many in the future receive other, similar funds which are non-tax revenues such as Indiana state grants funds, private donations, gifts, etc., which are appropriate to deposit in Fund 209. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. All the monies received by the City of South Bend from its lawsuit against Allied Products for environmental damage at the Oliver Stamping site shall be deposited into Fund 209 and used for the established purposes of that Fund. SECTION II. The City of South Bend administration is and shall be authorized to deposit into Fund 209 any non-tax revenue funds which may be received in the future for the specific, designated purposes of Fund 209, which such funds may be Indiana state grants funds, private donations, gifts, refunds, or similar non-tax revenue. SECTION III. 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 Varner, Vice-Chairperson, Personnel and Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Ms. Ann Kolata, Senior Redevelopment Specialist, 12 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Kolata advised that the Council previously adopted Ordinance No. 9214-01 establishing Fund 209 for deposits and disbursement of Federal Grants related to the Studebaker/Oliver Project. In lieu of receiving funds in settlement of a lawsuit with Allied Products related to environmental conditions at the former stamping plant. Immediate action is requested on this resolution which will allow the funds to be placed in Fund 209. The resolution will also broaden the types of funds that can be placed into Fund 209 to include state grants, lawsuit settlements and other non-tax revenues that are designated for the project. All funds deposited into Fund 209 will be used solely for the Studebaker/Oliver project. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. 13 REGULAR MEETINGOCTOBER 24, 2005 RESOLUTION NO. 3530-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 2005 WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk/scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be crated by the operations of scrap/junk/and recycling dealers within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap/junk/and recycling dealers; WHEREAS, in accordance with these rules and regulations, inspections of the below listed scrap/junk/and recycling operation has been completed by the Department of Code Enforcement, Water Works and the Fire Department Prevention Bureau, and it has been found that such premises are fit and proper for the maintenance and operation of such businesses; and WHEREAS, the Board of Public Works, at its public agenda session held on August 18, 2005, recommended the issuance of the license for the below listed applicants in the City of South Bend, by appropriate action of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the license applications for the following be approved based upon the satisfactory review of properties by the Department of Code enforcement, Water Works and the Fire Department Prevention Bureau, inspections having been made in 2005, and subsequent favorable recommendation by the Board of Public Works: Indiana Auto Parts, Inc Hurwich Iron d/b/a U.S. Scrap & Recycling 1602 S. Lafayette 1700 West Washington South Bend Scrap & Processing Gertrude Street Metal Recycling, Inc. Div. Sturgis Iron & Metal 3700 South Gertrude 3113 S. Gertrude South Bend Scrap & Processing Weaver Truck & Equipment Div. Sturgis Iron & Metal 3605 South Gertrude 1305 Prairie U.S. Scrap & Recycling South Bend Iron & Metal /South Bend Baling 429 West Indiana 1420 S. Walnut 2016 West Washington South Bend Waste Paper Hurwich Iron d/b/a U.S. Scrap & Recycling 1519 S. Franklin 2016 West Washington Hurwich Iron d/b/a A-1 Auto Parts U.S. Scrap & Recycling 2014 S. Lafayette 1610 Circle Steve & Gene’s Auto Indiana Auto Parts Truck Sal. L.L.C. 3300 South Main Street 3109 Gertrude Street Shapiro Sales 2920 West Sample 14 REGULAR MEETINGOCTOBER 24, 2005 SECTION II. 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 th Mr. Gary Gilot, Director of Public Works, President, Board of Public Works, 13 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Gilot stated that in accordance with the procedure for the renewal of license applications for Scrap Metal/Junk Dealers/Recycling Operations and Transfer Station operations, inspections of the premises of fifteen (15) dealers submitting a renewal license application was conducted by the Fire Prevention Bureau, Water Works and the Department of Code Enforcement. The properties were inspected for fire code violations, environmental violations, proper maintenance of the premises and areas outside fenced-in areas, and the height and condition of surrounding fencing. The Board of Public Works, at its meeting held on August 18, 2005, adopted Resolution No. 54-2005 recommending the approval of the license renewals for the year 2005 for fifteen (15) dealers. The Board has found that the applicants listed on the Resolution have met all the technical requirements. Mr. Gilot further noted that he does not have a reason why it took so long for the Board of Public Works to place this Resolution on the Council’s Agenda for approval and apologizes for the delay. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILLS, FIRST READING BILL NO. 78-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $123,586 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S EMERGENCY SHELTER GRANT PROGRAM This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 14, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 79-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $28,919 FROM FUND 210, THE ECONOMIC DEVELOPMENT STATE GRANT FUND, FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DEPARTMENT OF COMMUNITY & ECONOMIC 15 REGULAR MEETINGOCTOBER 24, 2005 DEVELOPMENT’S ADMINISTRATIVE BUDGET This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 14, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 80-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $640,349 WITHIN FUND 212, COMMUNITY DEVELOPMENT FUND, FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 14, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 81-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, APPROPRIATING $3,167,445.00 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2006, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 14, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 82-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $1,194,321.00 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 “COMMUNITY DEVELOPMENT” IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 14, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. 16 REGULAR MEETINGOCTOBER 24, 2005 BILL NO. 83-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, PLEDGING THE USE OF REVENUES FOR REPAYMENT OF A SECTION 108 LOAN FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO THE CITY OF SOUTH BEND This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 14, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. UNFINISHED BUSINESS REPORTS 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 Tuesday, October 18, 2005: BILL NO. 64-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1126 WEST WASHINGTON STREET, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on November 14, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 65-05 AN ORDINANCE 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 No action taken at this time. This bill was continued to the Area Plan Commission’s November meeting. BILL NO. 66-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE 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 Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on November 14, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. 17 REGULAR MEETINGOCTOBER 24, 2005 BILL NO. 67-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2221 LINCOLNWAY WEST, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dieter made a motion to strike this bill from consideration at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. NEW BUSINESS A. UPDATES FROM COUNCILMEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS PRIVILEGE OF THE FLOOR A. PUBLIC PORTION B. UPDATE FROM COUNCILMEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING Councilmember Karen L. White, Chairperson, Health and Public Safety Committee advised that the Committee will be holding a series of meetings to discuss the Pit Bull and dangerous animals situation and the growing challenges that are arising in the community. ANNOUNCEMENT OF COUNCILMEMBERS PFEIFER AND KELLY BEING ABSENT DUE TO ILLNESS Vice-President Karen L. White announced that Councilmember’s Charlotte Pfeifer and Roland Kelly are absent this evening due to illness. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 7:55 p.m. ATTEST: ATTEST: _________________________ __________________________ John Voorde, City Clerk Karen L. White, Vice-President 18