Loading...
HomeMy WebLinkAbout11-28-05 Council Meeting Minutes REGULAR MEETINGNOVEMBER 28, 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, November 28, 2005 at 7:00 p.m. The meeting was called to order by Council President Charlotte D. Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Derek D. Dieter 1 District nd Charlotte Pfeifer 2 District President rd Roland Kelly 3 District Chairperson, Committee of the Whole th Ann Puzzello 4 District th 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 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 November 14, 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 Kuspa made a motion that the minutes of the November 14, 2005, meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS ANNOUNCEMENT OF NEXT MEETING DATE Councilmember Charlotte D. Pfeifer announced that there will only be one meeting of the Council in the month of December. It will be held on Monday, December 12, 2005 at 7:00 p.m. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:02 p.m., Councilmember Kuspa made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of seven (9) ayes. Councilmember Kelly, Chairperson, Committee of the Whole, presiding. 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 1 REGULAR MEETINGNOVEMBER 28, 2005 BILL NO. 64-05 PUBLIC HEARING 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 (Council Portion Only) Councilmember Charlotte Pfeifer stated that a vote on this issue tonight one way or the other would allow for the neighborhood to begin the healing process. She stated that by continuing this bill for the mediation process to begin will only cause more ill feelings amongst the neighbors. She further stated that the mediation process should be started and continue whether or not a vote is taken. Councilmember Varner stated that he believes that action should be taken tonight. This is clearly a violation of the zoning law. He further noted that the zoning laws must be adhered to. Councilmember Rouse stated that he believes that the Catholic Worker Home needs to be in compliance. However, he stated that he would like to see both side start mediation. Councilmember Kelly stated that it is the art of politics to compromise and he has received a lot of calls regarding this bill. He further noted that originally he was in favor of trying to mediate a solution. However, he stated that he would not be in favor of this bill. Councilmember Kuspa stated that the Council’s past policy of granting continuances generated by the Petitioner have always been granted. He stated that the same courtesy should be shown by the Council tonight to honor the continuance. Councilmember Puzzello noted that she agrees to honor the continuance of this bill. Councilmember White stated that this is a very emotional issue. She stated that it is clear that the Catholic Worker Home is doing good work, however, there are zoning laws in place and the issue at hand is the Catholic Worker Home is not in compliance with the zoning laws. Therefore, she will not be supporting this bill. Councilmember Kirsits stated that normally he would agree to a continuance, however, it comes down to zoning laws. The neighbors have worked hard to establish single family zoning back in their neighborhood. He stated that he would not be in favor of continuing this bill. Councilmember Rouse made a motion to continue this substituted bill until the February 13, 2006 meeting of the Council. Councilmember Puzzello seconded the motion which was defeated by a roll call of 4 ayes (Kelly, Puzzello, Kuspa, Rouse); 5 nays (Dieter, Varner, Kirsits, White, Pfeifer) Councilmember Dieter made a motion for unfavorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a roll call vote of 7 ayes; 2 nays (Puzzello, Kuspa) 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, MF2 HIGH DENSITY RESIDENTIAL, MU MIXED USE, LB LOCAL 2 REGULAR MEETINGNOVEMBER 28, 2005 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 White made a motion to continue this bill until the December 12, 2005 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 87-05 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF KENWOOD AVENUE, LINDEN AVENUE, LAWTON AVENUE AND 4 NEARBY ADJACENT ALLEYS Councilmember White made a motion to continue this bill until the December 12, 2005 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) 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 Councilmember Kuspa 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 White, Chairperson, Health and Public Safety Committee reported that this committee met this afternoon and voted to send it to full Council with a favorable recommendation. th Mr. Charles Leone, City Attorney, 14 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Leone stated advised that this is a substitute bill. The only change between this and the original bill is the deletion of the words: “after being asked to stop” in the third line of Section I (Code §13-57(a)). The change has been made because it can be impractical and ineffective for police to first request that a person making an unreasonable noise stop before issuing a citation. Although the “after being asked to stop” language was approved in the Indiana appellate court case on which this amended ordinance is based, that language does not appear mandatory to sustain constitutionality. This bill allows for the ordinance to get back on track. 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 as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 3 REGULAR MEETINGNOVEMBER 28, 2005 BILL NO. 88-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENT WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2005 Councilmember Varner, Vice-Chairperson, Personnel & Finance Committee reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Catherine Fanello, City Controller, 14 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Fanello stated that this bill would allow for the appropriation and transfer of funds necessary to cover any year end deficits in City fund major categories. Appropriations are balanced by an appropriation decrease in the fund or through a funds cash balance. Transfers are balanced by moving funds from one category to another. 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. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 89-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2005 Councilmember Kuspa 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 Varner, Vice-Chairperson, Personnel & Finance 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. th Catherine Fanello, City Controller, 14 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Fanello advised that this bill would allow for the transfer of funds for the City of South Bend. Four funds have been updated to accurately reflect the necessary transfers to cover expenditures for the year in these funds. The four funds that have been updated are the General Fund, Motor Vehicle Highway, Liability Insurance and COIT. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Rouse made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 4 REGULAR MEETINGNOVEMBER 28, 2005 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 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, 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. Randy Rompola, Attorney at Law, Baker & Daniels, First Bank Building, 205 W. Jefferson Blvd, Suite 250, South Bend, Indiana, made the presentation for this bill. Mr. Rompola advised that this is a substitute bill. The only substantive change from the originally filed ordinance is that the bonds will now be designated as adjustable rate demand economic development bonds. The ordinance continues to provide that the bonds will be issued in one (1) or more series with the combined aggregate principal amount of $15 million and an interest rate not to exceed 10% and that the City will bear no responsibility, financial or otherwise, with respect to the payment of the principal of and interest on the bonds or any other expenses associated with the bond issuance. Mr. Rompola further advised that the bonds will be utilized for the improvement, expansion, and renovation of the educational facility commonly known as Fannin Hall, to include four kindergarten rooms, three preschool rooms, a large-motor multipurpose room and an atelier. There is also be improvement, expansion and renovation of the educational and administrative facility commonly known as Martin Hall to provide for, among other improvements, additional classrooms, common rooms and office space; (iii) improvements to roads, walkways, parking lots and other educational facilities on the same site, including site improvements and landscaping; and water retention improvements, all of which are to be located on the approximately thirty-two (32) acre site at 3123 Miami Street. The rebuilding of the educational facility on the site commonly known as the Lower School will provide for up-to-date technology and amenities; the construction of a fine arts center and an improved media center on the site which may include an auditorium, additional fine arts and music classrooms and improved media equipment and technology. The relocation and construction of athletic fields or facilities on the (4) acre site located on the northeast corner of High Street and Donmoyer Avenue. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILLS – THIRD READING 5 REGULAR MEETINGNOVEMBER 28, 2005 ORDINANCE NO. 9638-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN PROPERTY LOCATED AT 50929 ORANGE ROAD, AND ADJACENT PROPERTY, WAGGONERS’ DAIRY FARM INC., PHASE II, COUNCILMANIC DISTRICT NO. 1, GERMAN TOWNSHIP, CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to consider this bill as it was amended in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a roll call vote of nine (9) ayes. ORDINANCE NO. 9639-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 17, ARTICLE 2, DIVISION 4, SECTIONS 17-20, 17-21, 17-23 AND 17-25 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST REGULAR SEWAGE RATES AND HEAVY DEMAND SURCHARGE RATES AND TO CLARIFY OTHER CODE PROVISIONS Councilmember Varner advised that he would like to make a superficial modification to bills that increase utility rates next year. He believes that more public notification needs to made. He will introduce a bill making a change as to how these bills are introduced and allow for more public input. This bill had third reading. Councilmember Kuspa made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9640-05 AN ORDINANCE ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLE 2, SECTION 16-6 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR INCREASES TO RATES FOR COLLECTION OF SOLID WASTE This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Rouse seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9641-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 9, ARTICLE 4, SECTION 9-22 PROVIDING FOR LEAF REMOVAL AND COLLECTION RATES This bill had third reading. Councilmember Puzzello made a motion to consider this bill as it was amended in the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember 6 REGULAR MEETINGNOVEMBER 28, 2005 Dieter made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a roll call vote of nine (9) ayes. BILL NO. 64-05 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1126 WEST WASHINGTON STREET, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to consider the substitute version of this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion that this substitute bill be defeated. Councilmember Dieter seconded the motion which carried by a roll call vote of nine (9) ayes. ORDINANCE NO. 9642-05 AN ORDINANCE 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 This bill had third reading. Councilmember Dieter made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally Councilmember Varner made a motion to pass this bill as substituted. Councilmember Kuspa seconded the motion which carried by a roll call vote of nine (9) ayes. ORDINANCE NO. 9643-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENT WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2005 This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9644-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2005 This bill had third reading. Councilmember Puzzello made a motion to amend this bill as it was in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as it was amended in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a roll call vote of nine (9) ayes. 7 REGULAR MEETINGNOVEMBER 28, 2005 ORDINANCE NO. 9645-05 AN ORDINANCE 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 This bill had third reading. Councilmember Puzzello made a motion to amend this bill as it was in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as it was amended in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 05-130 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 1126 W. WASHINGTON STREET SOUTH BEND, INDIANA Councilmember Varner made a motion to strike this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3535-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS NUMBERED 100 THROUGH 106, 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, 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 8 REGULAR MEETINGNOVEMBER 28, 2005 WHEREAS, a Declaratory Resolution designated the area commonly known as Lots 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, 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 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: 9 REGULAR MEETINGNOVEMBER 28, 2005 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 requireme nts 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 Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of 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. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember White made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3536-05 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 2259 CRANSTON STREET AS A RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR STEVEN AND SHARON OBERT 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 10 REGULAR MEETINGNOVEMBER 28, 2005 Common Council of the City of South Bend, Indiana requesting that the area commonly known as 902 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Forty-one (41) as shown on the recorded Plat of Staffordshire Estates Subdivision, section One, recorded August 18, 1994 as Document Number 9431817 and re-recorded December 19, 1994 as Document Number 9446367 in the Office of the Recorder of St. Joseph County, Indiana. , and this property has a Tax Key Number 026-1035-058923be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 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: 11 REGULAR MEETINGNOVEMBER 28, 2005 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 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, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Sharon Obert, 427 Lincolnway East, Mishawaka, Indiana, made the presentation for this bill. Ms. Obert advised that she and her husband plan to construct a new home. The home will be approximately 2,670 square feet, 4 bedrooms and two and one-half baths. The cost of the home will be approximately $236,765. 12 REGULAR MEETINGNOVEMBER 28, 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 Varner made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted. RESOLUTION NO. 3537-05 A RESOLUTION DESIGNATING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 511 LINCOLNWAY WEST TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PHOTOCHROME, 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 511 Lincolnway West, South Bend, Indiana, and which is more particularly described as follows: W 14 ½ of lot 21 EX 40’ N end all of 22 and S 22’ of 23 and which has Key Number 18-1027-0893, 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 13 REGULAR MEETINGNOVEMBER 28, 2005 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. 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. Jack St. Pierre, 511 Lincolnway West, South Bend, Indiana, made the presentation for this bill. Mr. St. Pierre advised that Photochrom is primarily a photo processing lab, doing photofinishing for Gene’s Camera Store. Photochrome processes film, makes prints from film & digital cameras, prints enlargements, processes slide film, makes photo CD’s, prints digital pictures sent via www.genescamera.com, & transfers slides & home movies to DVD or VHS. This abatement would allow for the replacement of an existing digital mini-lab with a more reliable model. It’s purpose is to provide customers with quality photofinishing and digital products. 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 nine (9) ayes. RESOLUTION NO. 3538-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND 14 REGULAR MEETINGNOVEMBER 28, 2005 DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4521 NIMTZ PARKWAY AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR IMAGINEERING PROPERTIES, LLC WHEREAS, a petition for real property tax abatement 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 4521 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: A PART OF THE SOUTHWEST QUARTER (SW ¼) OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2 EAST, SITUATE IN GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARYL DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE MARKING THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (SW ¼) OF SAID SECTION 21; THENCE SOUTH 00’23’18” EAST ALONG THE WEST LINE OF SAID QUARTER SECTION A DISTNACE OF 973.15 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF F.J. NIMTZ PARKWAY (DOCUMENT # 94-45142; THENCE SOUTH 60’00’07” EAST ALONG THE NORTH LINE OF SAID NIMTZ PARKWAY A DISTANCE OF 352.47 FEET TO AN IRON PIPE MARKING THE PLACE OF BEGINNING OF THIS DESCRIPTION SAID POINT BEING THE SOUTHEASTERN MOST CORNER OF H.G. BAUS CENTRE PHASE I, SAID PLAT BEING RECORDED IN DOCUMENT NO. 95-07104. OFFICE OF THE RECORDER, ST. JOSEPH COUNTY, THENCE NORTH 29’ 59’53” EAST ALONG THE SOUTHEASTERLY LINE OF SAID BAUS CENTRE A DISTANCE OF 483.40 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG THE EASTERLY LINE OF SAID BAUS CENTRE AND ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET ANDAN ARC LENGTH OF117.97 FEET (TANGENT=61.47’. CHORD BEARING AND DISTANCE = NORTH 49 ’52’44” EAST = 115.62’, DELTA = 39’45’41”) TO THE EAST MOST CORNER OF SAID BAUS CENTRE; THENCE ALONG A COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 228.33 FEET AND AN ARC LENGTH OF 168.38 FEET (TANGENT= 88.22 ’, CHORD BEARING AND DISTANCE = SOUTH 89’06’53” EAST = 164.59’, DELTA = 42 ’15’06”) TO A POINT OF TANGENCY; THENCE SOUTH 67’59’20” EAST 380.57 FEET; THENCE SOUTH 29’59’53” WEST A DISTANCE OF 725.09 FEET TO A POINT ON THE NORTH LINE OF F.J. NIMTZ PARKWAY RECORDED IN DOCUMENT NO. 9445142 OFFICE OF THE RECORDER, ST. JOSEPH COUNTY; THENCE NORTH 60’00’07” WEST ALONG THE NORTHLY LINE OF SAID NIMTZ PARKWAY A DISTANCE OF 560.00 FEET TO THE PLACE OF BEGINNING OF THIS DISCRIPTION CONTAINING 8.67 ACRES. and which has Key Number 25-1010-036104, 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 15 REGULAR MEETINGNOVEMBER 28, 2005 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 that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner 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 the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the 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- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. SECTION VII. 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. 16 REGULAR MEETINGNOVEMBER 28, 2005 SECTION VIII. 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. James Hammer, 1302 W. Sample Street, South Bend, Indiana, made the presentation for this bill. Mr. Hammer advised that Imagineering Properties, L.L.C. is the real estate holding company for Imagineering Enterprises, Inc., a metal finishing serve to the automotive and aerospace industries. Imagineering Properties proposes to build an 80,000 sq. ft. building on 8.67 acres of land on Nimtz Parkway. The estimated cost of the project is $4,500,000. This building will be the processing facility and offices of Imagineering Enterprises operations in South Bend. Mr. Hammer further advised that they will build an EcoPark next to the building. The EcoPark will include plantings and materials indigenous to Indiana forests, wetlands and prairies, complete with trails, recycling ponds and streams, benches, gazebos and lookout points. 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 Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3539-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO ESTABLISH THE EFFECTIVE DATE OF THE VACATION OF PUBLIC REAL PROPERTY, LOCATED ON A PORTION OF MAIN, STREET, LAFAYETTE BOULEVARD, AUTEN STREET AND HOOVER STREET, NOW KNOWN AS HOMER AVENUE, SOUTH OF IRELAND ROAD, WEST OF MICHIGAN STREET AND NORTH OF THE ST. JOSEPH VALLEY PARKWAY (U.S. 20/31 BY-PASS) PURSUANT TO ORDINANCE NO. 9508-04 WHEREAS, on May 10, 2004, the South Bend Common Council passed substituted and amended Ordinance No. 9508-04 which at Section V specifically provided the following: This ordinance shall be passed by the Common Council and be in full force and effect upon receiving a resolution being filed for Common Council consideration by the Administration which Addresses the progress of the proposed construction related to the Anchor Retail project. Such resolution shall further set forth a date Certain for the effective date of the vacation of real property Addressed in this ordinance and cross access easement agreements as necessary to serve affected parcels (including specifically Maxi’s restaurant), all of which shall be subject to the approval of The Common Council and the Mayor. 17 REGULAR MEETINGNOVEMBER 28, 2005 WHEREAS, pursuant to Section V of Ordinance No. 9508-04, it is necessary to establish the effective date of the vacation of that public real property described more fully in Ordinance No. 9508-04; and WHEREAS, the City Administration has advised the South Bend Common Council that the necessary cross access easements serving the affected parcels including, but not limited to, Maxi’s Restaurant, have been agreed to and that the Anchor Retail project is progressing consistent with the Project Schedule as described in the Development Agreement by and between the South Bend Redevelopment Commission and Anchor Acquisitions, Ltd. Dated April 8, 2004; and WHEREAS, the South Bend Common Council has been advised further that an effective date of January 1, 2006 for vacation of the public real property described in Ordinance No. 9508-04 is necessary in order for the project to progress on a timely basis per its construction plans and the Project Schedule. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. The effective date of the vacation of the public real property described more specifically in South Bend common Council Ordinance No. 9508-04 shall be January 1, 2006 pursuant to the terms of Section V of that Ordinance. SECTION II. Ordinance No. 9508-04 shall be deemed fully effective as of January 1, 2006. 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 s/Stephen J. Luecke, Mayor ATTEST: s/John Voorde, City Clerk 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. st Mr. Michael Hardy, Attorney at Law, Barnes & Thornburg, 100 N. Michigan, 600 1 Source Bank Center, South Bend, Indiana, made the presentation for this bill. Mr. Hardy advised that on May 10, 2004, the South Bend Common Council by Ordinance No. 9508-04 approved a certain vacation of real property as a part of the Anchor Retail Project in the former Scottsdale mall area of South Bend. The effective date of the property vacation was to be fixed at a later date by a Resolution in which the City Administration was to inform the Council about “the progress of the proposed construction relating to the Anchor Retail project”, and of the “cross access easement agreements as necessary to serve affected parcels.” This bill will conform with Ordinance No. 9508-04 and it fixes January 1, 2006 as the effective date of the property vacation. At this time Anchor South Bend, LLC has acquired ownership of all the real estate affected by the property vacation or it has easements/licensing agreements with two property owners affected by the property vacation. 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 18 REGULAR MEETINGNOVEMBER 28, 2005 Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS – FIRST READING BILL NO. 90-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MAKING TECHNICAL AMENDMENTS WHICH CLARIFY VARIOUS PROVISIONS OF ORDINANCE NO. 9621-05 ADDRESSING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2006, 2007 AND 2008 This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Health and Public Safety Committee and the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 12, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 91-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $647,380.93 WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER-OLIVER PROJECT AREA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on December 12, 2005. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on November 15, 2005: 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 Councilmember Kuspa made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on December 12, 2005. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 77-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE 19 REGULAR MEETINGNOVEMBER 28, 2005 CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #1 JOHN D. GILLIS, SR. & JAY L. GILLIS REVOCABLE TRUST DATED 2/12/2001 SOUTHEAST CORNER OF PORTAGE ROAD & BRICK ROAD SOUTH BEND, INDIANA Councilmember Kuspa made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on January 9, 2006. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS ANNOUNCEMENT OF ORGANIZATIONAL MEETING Councilmember Dieter made a motion to set the Organizational Meeting for January 2, th 2006 at 12:00 (noon), on the 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. WELCOMED BOY SCOUT TROOP #505 ST. JOSEPH PARISH President Pfeifer welcomed Boy Scout Troop #505 from St. Joseph Parish and advised that they are working toward their Citizen Merit Badges. She encouraged the troop to continue to attend Council meetings and become active in local government. PRIVILEGE OF THE FLOOR COMMENTS BY MS. RITA KOPALA REGARDING THE RATES INCREASES IN SEWER RATES; SOLID WASTE; AND LEAF REMOVAL Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, stated that she was unhappy on how the City Administration chose to have the public hearing on the increase in sewer rates; solid waste rates and leaf removal rates on the same night at the lengthy public hearing with the Catholic Worker House. Ms. Kopala stated that the meeting ran past midnight and it was not conducive to the average working person who wanted to speak and ask questions. She stated that there should have been more of a public meeting regarding such important bills. Council President Charlotte Pfeifer referred this topic to Councilmember Kirsits, Chairperson, Utilities Committee. COMMENTS BY MR. KEN MARKS, PRESIDENT OF THE SOUTH BEND FIREFIGHTER’S ASSOCIATION LOCAL NO. 362 Mr. Ken Marks, President of the South Bend Firefighter’s Association Local No. 362 of the International Association of Firefighters, AFL-CIO Central Fire Station, 1222 South Michigan Street, South Bend, Indiana, address the concern regarding the $350.00 EMT Specialty Pay. Mr. Marks stated that due to certain hire dates of sworn members are not being paid the EMT medical specialty pay. Mr. Marks asked the Council to research to the Ordinance to find out whether this concern can be addressed. Council President Charlotte Pfeifer referred this topic to Councilmember White, Chairperson, Health and Public Safety Committee and Councilmember Kelly, Chairperson, Personnel and Finance Committee. COMMENTS BY MR. JERRY NIEZGODSKI CONCERNING PARKING IN FRONT LAWNS Mr. Jerry Niezgodski, 2930 Bonds Avenue, South Bend, Indiana, stated that he is currently reorganizing the Lincoln Manor Home Owners Association. He stated that parking in front lawns is a growing problem in his neighborhood. This is a quality of life 20 REGULAR MEETINGNOVEMBER 28, 2005 issue and believes that this needs to be addressed in the zoning code, plain and simple common sense “Do not park on the front law!” Mr. Niezgodski urged the Council to pass Bill No. 47-05. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:20 p.m. ATTEST: ATTEST: _________________________ __________________________ John Voorde, City Clerk Charlotte D. Pfeifer, President 21