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HomeMy WebLinkAbout01/22/07 Council Meeting MinutesREGULAR MEETING JANUARY 22, 2007 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, January 22, 2007 at 7:00 p.m. The meeting was called to order by Council President Timothy A. Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter Charlotte Pfeifer Roland Kelly Ann Puzzello David Varner Ervin Kuspa Al "Buddy" Kirsits Timothy Rouse Karen L. White 1st District 2nd District 3rd District 4th District Vice-President 5th District 6th District At-Large At-Large President At-Large Chairperson Committee of the Whole OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice L Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the January 8, 2007 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember Puzzello made a motion that the minutes of the January 8, 2007 meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Councilmember Rouse stated that the South Bend Common Council has called for a special meeting of the Council on Monday, February 5, 2007 at 6:30 p.m. to be held at the South Bend Civic Theater located at 427 North Main, South Bend, Indiana 46601, for the sole purpose of hearing the Mayor's Annual Address. Members of the public are cordially invited to attend this special meeting of the Council. Councilmember Rouse announced that there is an opening on the Human Rights Commission. Anyone interested in applying may pick up an application in the Office of the City Clerk, 4~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. SPECIAL BUSINESS REGULAR MEETING JANUARY 22, 2007 RESOLUTION NO. 3680-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMEMORATING THE LIFE OF FORMER WASHINGTON HIGH SCHOOL HEAD FOOTBALL COACH THE LATE GEORGE BASKER Whereas, the City of South Bend lost a true high school football coach legend when former Washington High School Head Football Coach George Basker past away last December at the age of 96; and Whereas, the Common Council recognizes that George Basker was born in South Bend on April 19, 1910, attended South Bend Central where he was 3~d team All-State half-back in his sophomore year; 2nd team All-State half-back in his junior year, and lgt team All-State half-back in his senior year when he graduated in 1931 and was named the "Outstanding Bruin Player of the Year"; and Whereas, George Basker lettered in football all four years while studying at Purdue University where he wore # 88 as a Boilermaker half-back and is listed in the 1943 edition of "Who's Who in Polish America" and the 2003 edition of Purdue Football History; Whereas, George Basker was an Assistant Football Coach at Washington High School from 1936-1942; became the Panthers Head Football Coach in 1943; received "All City" Coaching honors from 1943-1947; was present when the Panthers received "threadbare Notre Dame hand-me-down gear in `the Dungeon"' who is recalled for his light-hearted personality which inspired "the resilient determination that defined Washington football for a generation or more. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section L On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commemorates and celebrates the life of the late George Basker for a rich life of teaching young men both on and off the field whose impact will long be remembered for generations to come. Section IL The South Bend Common Council believes that the rich and lasting legacy left by the late George Basker will continue to enrich our community as we reflect upon the many contributions made by Coach Basker who went on after a brilliant career at Washington High School to be the Head Football Coach at Evansville Memorial between 1948 & 1953; & later became the Assistant Coach at Niles High School from 1953 -1963. Section III. The Common Council wishes the family, friends, former players, coaches and managers who had the privileged of knowing Coach George Basker to carry on with the determination and "scrappy ambition" instilled by Coach Basker who will always be known as the "soul of Washington High School football" and the truest of "loyal Panthers". Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, lgt District s/Ervin Kuspa, 6d` District s/Charlotte D. Pfeifer, 2nd District s/Al "Buddy" Kirsits, At Large s/Roland Kelly, 3~d District s/Timothy A. Rouse, At Large s/Ann Puzzello, 4~` District s/Karen L. White, At Large s/Dr. David Varner, Sd` District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend REGULAR MEETING JANUARY 22. 2007 Councilmember Charlotte Pfeifer made the presentation for this Resolution by reading it in its entirety. Councilmember Pfeifer stated that she would have the Clerk send this Resolution to Washington High School Principal George McCullough. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLUTION NO. 3681-07 A RESOLUTION OF THE COMMON COUNCIL FO THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMEMORATING THE COUNTLESS CONTRIBUTIONS MADE TO THE SOUTH BEND COMIvI[.JNITY BY THE LATE MORRIS "MOE" ARONSON Whereas, the residents of the City of South Bend are deeply saddened by the passing of a true community leader and educator, Morris "Moe" Aronson, on December 22, 2006 at the age of 90; and Whereas, the Common Council recognizes that Moe Aronson was born on Valentine's Day in 1916; graduated from South Bend Central High School in 1934; and received Bachelor of Science Degrees from Purdue University in 1939 in mathematics and chemistry; noting that he wrestled and played football at both the high school and college levels; and Whereas, following service in the Civilian Conservation Corps at Pulaski State Park, Moe enlisted in the United States Army in 1943 and served in the 10~` Mountain Division as a 1 gc Lieutenant and Infantry Officer during World War II; and Whereas, for the next five (5) decades Moe Aronson "inspired students as a talented math teacher and hard-nosed wrestling coach" at John Adams High School; conducted gym classes at the South Bend High SchooURabbinical College; and following his retirement Moe continued to substitute teach and "work out religiously at the YMCA of Michiana" and became known as the "fitness guru". Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section L On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commemorates and celebrates the life of the late Morris "Moe" Aronson for a life dedicated to teaching math and coaching, with perhaps his most greatest achievements being that of "teaching life lessons so well"; for "looking for potential in kids where others might not see it"; and for having a "great and generous heart". Section IL The South Bend Common Council believes that the rich legacy left by the late Morris "Moe" Aronson will continue to enrich our community as we reflect upon the many contributions made by this 1995 inductee of the South Bend City Hall of Fame whose 1966 Adams Eagles wrestling team won the Indiana State Title; with Coach Aronson affectionately becoming known as "Mighty Moe" who later was inducted into the Indiana Wrestling Hall of Fame. Section III. The Common Council hopes that all of the rich and lasting memories of Coach Aronson, who became an institution around Adams High School for being an outstanding teacher, "a hard-core disciplinarian, alongtime wrestling coach" and a great REGULAR MEETING JANUARY 22, 2007 guy will help brighten the years ahead for Marian E. Aronson, his wife of more than 31 years; his daughter, Jane Skaggs; his son, Michael Aronson; and his many other relatives and friends which include five (5) grandchildren and three (3) great granddaughters. Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, lgt District s/Ervin Kuspa, 6d` District s/Charlotte D. Pfeifer, 2nd District s/Al "Buddy" Kirsits, At Large s/Roland Kelly, 3~d District s/Timothy A. Rouse, At Large s/Ann Puzzello, 4~` District s/Karen L. White, At Large s/Dr. David Varner, Sd` District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Roland Kelly made the presentation for this Resolution by reading it in its entirety. Councilmember Kelly stated that he would personally deliver the Resolution to Marian Aronson. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Kuspa seconded the motion which carried. RESOLUTION NO. 3682-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING THE ENTIRE SOUTH BEND POLICE DEPARTMENT AND ESPECIALLY SERGEANT BILL KRAUS FOR HIS SERVICES AS PART OF THE "BEST IN THE STATE POLICE DEPARTMENT" AWARD AS PART OF THE STATE OF INDIANA'S OPERATION PULL OVER SAFETY CAMPAIGN Whereas, the Common Council of the City of South Bend, Indiana, notes that recently more that 125 law enforcement agencies from throughout the State of Indiana gathered to attend the 12d` Annual Operation Pull Over Banquet which was hosted by the Governor's Council on Impaired and Dangerous Driving which is a division of the Indiana Criminal Justice Institute to pay tribute to those police officers and police departments who helped make Operation Pull Over such a success; and Whereas, Operation Pull Over is a program designed to inform and promote awareness of seatbelt use and the reduction of injuries that their use can provide with this public safety campaign being part of a comprehensive impaired driving prevention program organized by the U. S. Department of Transportation's National Highway Traffic Safety Administration which focuses on high visibility law enforcement and heightened public awareness safety programs; and Whereas, the South Bend Common Council is extremely proud to recognize all of the men and women of the South Bend Police Department and in particular the leadership of Division Chief Darryl Boykins and Sergeant Bill Kraus who were recognized for their outstanding efforts by "demonstrating an exceptional commitment to reducing the number of crashes and traffic related fatalities on Indiana's roadways" and REGULAR MEETING JANUARY 22, 2007 being awarded for their services with the "Best in the State Police Department' under the category of `Big CityBig County Police Departments", which was the fast time the South Bend Police Department was so honored. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section L On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly honors and thanks all of the men and women of the South Bend Police Department, and in particular Division Chief Darryl Boykins and Sergeant Bill Kraus for their police services and contributions in being awarded the "Best in the State Police Department' and for making a significant number of arrests and thereby saving innocent lives in as part of the Operation Pull Over safety program. Section IL The South Bend Common Council proudly recognizes that Chief Boykins joined the South Bend Police Department on June 26, 1984; that he has held positions of K-9 Officer, Street Supervisor, Internal Affairs Investigator, and was promoted in November of 1999 to Captain of the Third Detail Uniform Division before his promotion to be Chief of the Uniform Division. Chief Boykins also runs the South Bend Police Departments Youth Tennis Program and the South Bend Police Departments Youth Boxing Club, with his dedication and services being seen as a role model for the entire department. Section III. The South Bend Common Council proudly recognizes that Sergeant Kraus joined the South Bend Police Department on July 3, 1990; and has worked for many years in the Traffic Division, having been appointed to the rank of Sergeant in February of 1999 while in that Division, and is currently the Special Events Coordinator for the department. Sergeant Kraus also teaches classes on child safety seats and traffic enforcement and is a true up and coming leader on the department. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, lgt District s/Ervin Kuspa, 6d` District s/Charlotte D. Pfeifer, 2nd District s/Al "Buddy" Kirsits, At Large s/Roland Kelly, 3~d District s/Timothy A. Rouse, At Large s/Ann Puzzello, 4~` District s/Karen L. White, At Large s/Dr. David Varner, Sd` District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Al "Buddy" Kirsits made the presentation for this Resolution by reading it in it entirety and presenting it to Division Chief Darryl Boykins. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Division Chief Darryl Boykins thanked the Council for this honor. Chief Boykins noted that this award would not have been possible without the fine men and women who make up the South Bend Police Department Chief Boykins noted that he is just a part of the collaborative effort between Sergeant Bill Kraus and the entire South Bend Police Force. Councilmember Kirsits made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. REGULAR MEETING JANUARY 22, 2007 RESOLUTION NO. 3683-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE SOUTH BEND TRIBUNE FOR BEING NAMED THE BEST DAILY NEWSPAPER IN THE STATE OF INDIANA BY THE HOOSIER STATE PRESS ASSOCIATION Whereas, the Common Council of the City of South Bend, Indiana, notes that the Hoosier State Press Association was founded in 1933 and represents Indiana's daily and non-daily newspapers which are published at least once per week with a general, paid circulation with the Association being dedicated "to protecting and empowering the great tradition of newspapering in Indiana" ;and Whereas, in December of 2006, the Hoosier State Press Association (HSPA) awarded lgt Place to the South Bend Tribune in their "Blue Ribbon Daily Newspaper of the Year" contest and was named the "best daily newspaper in the State of Indiana"; and Whereas, the HSPA judges noted that they were "impressed by the [South Bend Tribune's] commitment to the reader... that their paper is easy to navigate and it's obvious the reporters who walk the beats know their community" citing the Tribune's strengths as covering local stories, law enforcement coverage, sports; and "one of the strongest local arts coverage" with the South Bend Tribune competing against daily newspapers with a circulation greater than 40,000; and Whereas, the Common Council is also proud to recognize Staff Writer David Rumbach who won lgt place in the category of "Best In-Depth Feature or Feature Package"; Graphic Editor John Stump who won 2nd place in the category of "Best Use of Graphics"; Staff Writer Patrick M O'Connell who won 2nd place in the category of "Community Service"; Photographer Santiago Flores who won 3~d place honors in the category of "Best Feature Photo"; Tribune staffers who won lgt place in the category of "Best Editorial Page and Best Business Section or Pages" and who also won 2nd and 3~d place honors in the categories of "Headline Writing and `Best Feature Section or Pages"; former Staff Writer Carol Elliott who won 3~d place honors in the category of `Best Business/Economic News Coverage"; with the South Bend Tribune finishing 3~d in the "General Excellence" category. Whereas, the South Bend Common Council recalls that last year several South Bend Tribune journalists earned eight (8) 1 sc place awards, three (3) 2nd place awards and two (2) 3~d place awards for their work in the "2004 Best in Indiana Journalism" by the Indiana Chapter of the Society of Professional Journalists, the nation's largest not-for- profit journalism organization with over 13,500 members. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section L On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby congratulates the South Bend Tribune and all of the award recipients of the South Bend Tribune for bringing the highest of honors to themselves, their family, friends & colleagues, the South Bend Tribune and all of the residents of the City of South Bend, Indiana, for being recognized as best daily newspaper in the State of Indiana by the Hoosier State Press Association. Section II . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, lgt District s/Ervin Kuspa, 6d` District s/Charlotte D. Pfeifer, 2nd District s/Al "Buddy" Kirsits, At Large s/Roland Kelly, 3~d District s/Timothy A. Rouse, At Large s/Ann Puzzello, 4~` District s/Karen L. White, At Large s/Dr. David Varner, Sd` District s/Kathleen Cekanski-Farrand, Council Attorney REGULAR MEETING JANUARY 22, 2007 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Dieter made the presentation for this Resolution by reading it in its entirety and presenting it to Tim Harmon, Managing Editor, South Bend Tribune. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Tim Harmon, Managing Editor, South Bend Tribune, thanked the Council for this honor. He also stated that the South Bend Tribune's journalistic efforts in the areas of community service, investigative reporting, sports, arts and entertainment writing, editorial cartooning and overall writing have been recognized in the Suburban Newspapers of America 2006 editorial contest. He noted that The Tribune gained afirst- place win in the Community Service category for the series "Where's Daddy? How single motherhood affects the community." The lead writer on that series was May Lee Johnson and Tribune columnist Bill Moor won third place in the SNA daily newspaper journalist of the year competition. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLUTION NO. 3684-07 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 CLAY TOWNSHIP, STADIUM VILLAGE ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly described in Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 3.1 acres of land containing four single family structures and one vacant lot, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 23.1% contiguous, generally located at the northwest comer of Vaness Street and Willis Avenue and a parcel on the west side of Burdette Street. It is anticipated that the annexation area will be developed for single-family, attached condominiums and a 3-story condominium- hotel building. This development will require a basic level of municipal public services of anon-capital improvement nature, including police and fue protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non- capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) REGULAR MEETING JANUARY 22, 2007 the plan for the organization and extension of those services; (4) that services of a non- capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the City of South Bend Board of Public Safety and Board of Public Works have each approved the written fiscal plan and policy and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section L It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Clay Township, St. Joseph County, Indiana, be annexed to the City of South Bend: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE EAST RIGHT-OF- WAY LINE OF WILLIS AVENUE AND THE NORTH RIGHT-OF- WAY LINE OF VANESS AVENUE; THENCE NORTH ALONG SAID RIGHT-OF-WAY LINE, 119.80 FEET MORE OR LESS; THENCE WEST 356.00 FEET MORE OR LESS; THENCE NORTH 64.90 FEET MORE OR LESS; THENCE WEST 296.0 FEET MORE OR LESS TO THE EASTERLY RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE 83.0 FEET MORE OR LESS; THENCE WEST 262.18 FEET MORE OR LESS, THENCE SOUTH 185.2 FEET MORE OR LESS; THENCE EAST 262.18 FEET MORE OR LESS TO THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID RIGHT-OF-WAY LINE 37.20 FEET MORE OR LESS; THENCE EAST 88.00 FEET MORE OR LESS: THENCES SOUTH 119.50 FEET TO THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET; THENCE EAST ALONG NORTH RIGHT-OF-WAY LINE OF VANESS STREET A DISTANCE OF 564.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 3.10 ACRES MORE OR LESS. Section IL It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of anon-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. REGULAR MEETING JANUARY 22, 2007 Section III. The South Bend Common Council shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area with fees for the prior main line extension due upon application for a tap permit and any further improvements or extensions in sewer or water capacity to be paid for by the developer; that street lighting and parking will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Section IV. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of rezoning and annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. In this regard, the annexation and rezoning is subject to the following conditions: 1) vehicular access to Burdette Street on the west side of hoteUcondo site should be eliminated and a vehicular access created along Vaness Street. 2) the elimination of gates and other devices that restrict access to the developments in order to create a gated community. 3) the installation of public infrastructure along the appropriate frontage of each site, including standardizing the width of Vaness Street according to City standards. It is required that the annexation area integrate harmoniously with the surrounding residential areas. It should also be required that neo-traditional building/site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality per the South Bend zoning ordinance standards. Building plans and other information to satisfy all requirements imposed in this Resolution must be submitted by the developer to the City as part of the development review process. Failure to comply with all the conditions may result in the City's repeal of annexation. Section V. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Al "Buddy" Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Marco Mariam, Assistant Director, Division of Community Development, 12~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Mariam advised that this annexation area is generally located at the northwest corner of Vaness Street and Willis Avenue and a parcel on the west side of Burdette Street. The annexation area is 3.1 acres. The annexation area will be in the 4~` district. A 10" diameter public sewer is available on the east boundary of the site on Willis Avenue. The sewer was installed under the terms of the Utility Extension Ordinance, so fees will be due upon application for a tap permit. The developer will need to extend public sewer to the property on the west side of Burdette Street in order to complete his development. The wastewater treatment plant and downstream collection facilities are adequately sized to handle the additional flow from any development. Revenues from the development of the site will be sufficient to provide sewage collection and treatment services to the site. The South Bend Water Works currently has a 6" water main on the north side of Vaness Street. There are also 6" mains on Willis and on Burdette that loop through Irish REGULAR MEETING JANUARY 22, 2007 Crossings. A flow test on 8/17/00 indicated a static pressure of 54 psi, a residual pressure of 43 psi, and a flow rate of 1074 gpm. The flow should provide adequate capacity for the annexed area but continued development in this area will require installation of a larger diameter main. Extensions of, or taps into sanitary sewer and water lines shall be governed by LC. 36-9-22-2, LC. 8-1.5-3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. Regarding street lighting, the developer of this property will be required to install a street lighting system. Additional revenue to the General Fund from this annexation area will be sufficient to pay for street light operations. There are no waivers of annexation in effect fro the annexation area. No new public streets have been proposed for this development. All non-private streets within the annexation area will be added to the City's roadway inventory. All private lanes and access proposed with Maintenance of any private lanes or access will be provided by the developer or other arrangement. Two small segments of Burdette Street and Willis Avenue will be annexed. These segments cannot be effectively operated and maintained by the City. These street segments should remain on the St Joseph County inventory for maintenance until such time as additional annexation occurs. Drainage facilites will be required to be constructed by the developer and meet the latest City of South Bend standards. The annexation area would be expected to be added to the already existing Beat 11. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. The Annexation Area is located in an area of the city that is expected to continue to grow, both in commercial development as well as residential. At this time it is not expected that this annexation would cause calls for service to increase significantly and it is not anticipated that it will be necessary to increase police patrols beyond the already existing beat patrol at this time. The area under consideration is not expected to cause any unusual problems. At the present time the cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possibly shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable and consistent with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation and coordination of the conversion of the 911 emergency phone systems for that area. The annexation area will be serviced primarily by Station #3, located at 1805 McKinley Avenue, approximately 1.7 miles away. Additional Fire Department units would respond from Fire Station #9 located at 2520 Mishawaka Avenue which is approximately 29 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation area. Adequate water supply will be necessary as development takes place. The Fire Department will continue to review and monitor response times in this area and make necessary recommendations to improve response times that are comparable to other areas of the City. The annexation area is currently being serviced by Medic #ll, located at Fire Station #ll at 3505 Bendix. Upon incorporation, the Annexation Area will be serviced by Medic #3, also located at Fire Station #2, located at 110 E. Marion Street. Emergency medical response will continue to be proved by the City of South Bend. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. The annexation area will be added to Area 4 with the Department of Code Enforcement. Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Industrial, commercial and apartment customers are not served by the Bureau of Solid Waste. The annexation will contain condo-hotel and multi-family residential units. These uses will have centralized waste collection locations. A licensed private waste hauler will be required to serve these developments. As single-family, duplex units are constructed, the Division of Environmental Services could service them. Mr. Mariam advised that these services are available upon the effective date of the annexation. Full and dedicated response for non- capital services will be in place within one year of the effective date of the Annexation. A Public Hearing was held on the Resolution at this time. 10 REGULAR MEETING JANUARY 22, 2007 There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Puzzello made a motion to correct the date on the last line on page 3 of the bill, and strike 2006 and replace with 2007. Councilmember Dieter seconded the motion which carried by a voice vote of nine ayes. Additionally, Councilmember Dieter made a motion to adopt this Resolution as amended. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3685-07 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 CENTRE TOWNSHIP, DRAKE ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is more particularly described in Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 3.31 acres of land containing a grouping of three single story motel buildings, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 18.3 contiguous, generally located at the northwest corner of U. S. 31 and Kern Road. It is anticipated that the annexation area will be developed for athree-story motel facility. This development will require a basic level of municipal public services of anon-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non- capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non- capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the City of South Bend Board of Public Safety and Board of Public Works have each approved the written fiscal plan and policy and established a policy for 11 REGULAR MEETING JANUARY 22, 2007 the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section L It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Centre Township, St. Joseph County, Indiana, be annexed to the City of South Bend: A parcel of land being a part of the Southeast Quarter (1/4) of Section Thirty-Five (35), and a part of the Southwest Quarter (1/4) of Section Thirty-Six (36), all in Township Thirty-Seven (37) North, Range Two (2) East, Centre Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at a point on the east line of said Southeast Quarter, a distance of 406.54 feet North 0 degrees 00 minutes 00 seconds East of the Southeast corner of said Southeast Quarter; thence South 13 degrees 35 minutes 03 seconds East, along the westerly right-of--way of Main Street, a distance of 153.90 feet to its intersection with the westerly right-of--way line of U. S. Highway #31; thence South 17 degrees 09 minutes 11 seconds West, along said U.S. #31 right of- way line, a distance of 133.80 feet to an iron stake found in place; thence North 89 degrees 19 minutes 49 seconds West, parallel with the south line of said Southeast Quarter, a distance of 501.70 feet to an iron stake found in place and being on a point of the east line of a tract of land conveyed to Raymond K Snyder and Anna J. Snyder in Deed Record 315, page 175; thence North 0 degrees 27 minutes 06 seconds West, a distance of 274.67 feet to an iron stake found in place; thence South 89 degrees 39 minutes OS seconds East, a distance of 507.23 feet to the place of beginning. Commonly known as 60971 U. S. 31 South, South Bend, Indiana Section IL It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of anon-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. The South Bend Common Council shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area with any extensions or improvements for future development to be paid by the developer; that street lighting and parking will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Section IV. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of rezoning and annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. In this regard the annexation and rezoning is subject to the following condition: 12 REGULAR MEETING JANUARY 22, 2007 A traffic impact analysis of the proposed development and site plan to guide the determination of roadway modifications and intersection controls necessary and sufficient to provide safe and orderly traffic movements. It should also be required that neo-traditional building/site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality per the South Bend zoning ordinance standards. It is required that the annexation area integrate harmoniously with the surrounding residential areas to the west until such time as the new U. S. 31 alignment is constructed. All screening, signage vehicular access shall conform to the latest City of South Bend standards and ordinances. Building plans and other information to satisfy all requirements imposed by this Resolution must be submitted by the developer to the City as part of the development review process. Failure to comply with all the conditions may result in the City's repeal of annexation. Section V. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Al "Buddy" Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Marco Mariam, Assistant Director, Division of Community Development, 12~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Mariam advised that this annexation area is generally located at the northwest corner of U. S. 31 South and Kern Road. The annexation area is 3.31 acres. The land is slated to be used for athree-story motel facility. The annexation area will be in the 6~` District. A 30" diameter public sewer is available on the Main Street frontage of the Annexation area. It has sufficient capacity to carry load expected from this area. Public sewer extensions, at developer expense, will be necessary to serve any new lots created by future subdivision of this annexation area, if any. The wastewater treatment plant and the downstream collection facilities are adequately sized to handle the additional flow. No capital expenditure would be needed for those facilities as a result of this annexation. Revenues from the development of the site will be sufficient to provide sewage collection and treatment services to the site. The South Bend Water Works currently has a 12" water main on the west side of U. S. 31 South that extends south of Kern Road. There are also 6" mains on Willis and on Burdette that loop through Irish Crossings. Recent flow test data does not exist but static pressure if 70 psi and there is adequate capacity in the annexation area. Extensions of, or taps into sanitary sewer and water lines shall be governed by LC. 36-9-22-2, LC. 8-1.5-3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. The developer of this property will be required to install a street lighting system. Additional revenue to the General Fund from this annexation area will be sufficient to pay for street light operations. No waivers of annexation are in effect for the Annexation Area. Boundary streets in this annexation area. Boundary streets in this annexation area are already within the City limits and are being maintained by the City. No capital expenditure will be needed to extend sweeping and snow removal service to the area. Gas tax reimbursements to the Motor Vehicle Highway Fund pay for operation of the service. Main Street and its intersection with Michigan Street, within the annexation area, do not meet current geometric standards for roadways that serve more traffic than currently exists. The multi-story motel proposed for this site will generate more vehicle trips on Main Street and through the Main/iJ. S. 31 13 REGULAR MEETING JANUARY 22, 2007 intersection than currently use those facilities. Thus, the potential developer will need to make a traffic impact analysis of the proposed development and site-plan to guide a determination of roadway modifications and intersection controls necessary and sufficient to provide safe and orderly traffic movements. The Indiana Department of Transportation has undertaken a project to relocate U. S. 31 between Plymouth and South Bend. That project will impact this property with a proposed taking or real estate on the west and Main Street realignment on the east. Drainage facilities will be required to be constructed by the developer and meet the latest City of South Bend standards. The Annexation Area would be expected to be added to the already existing Beat 15. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. However, due to the nature of the type of use proposed, calls for service can increase at any time for various reasons. At this time it is not expected that this annexation would cause calls for service to increase significantly and it is not anticipated that it will be necessary to increase police patrols beyond the already existing beat patrol at this time. The area under consideration is not expected to cause any unusual problems. At the present time the cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possibly shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable and consistent with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation and coordination of the conversion of the 911 emergency phone system for that area. The City provides a fully staffed, full time fire department housed in 12 fire stations strategically located throughout the city. The Annexation Area will be serviced primarily by Station # 10, located at 5301 York Road, approximately 2.4 miles away. Additional Fire Department units would respond from Fire Station #8 located at 2401 Twyckenham Drive which is approximately 3.7 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Adequate water supply will be necessary as development takes place. The Fire Department will continue to review and monitor response times in this area and make necessary recommendation to improve response times in this area and make necessary recommendations to improve response times that are comparable to other areas of the City. Upon incorporation, the Annexation Area will be serviced by Medic # 1, also located at Fire Station # 10. Emergency medical response will continue to be provided by the City of South Bend. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times. The annexation area will be added to Area 6 in the Department of Code Enforcement. Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Industrial, commercial and apartment customers are not served by the Bureau of Solid Waste. The annexation will contain a motel. This use will have centralized waste collection locations. A licensed private waste hauler will be required to serve this development. 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, Councihnember Puzzello made a motion to correct the date on the last line on page 3 of the bill, and strike 2006 and replace with 2007. Councilmember White seconded the motion which carried by a voice vote of nine ayes. Additionally, Councihnember Dieter made a motion to adopt this Resolution as amended. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 14 REGULAR MEETING JANUARY 22, 2007 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 8:30 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 nine (9) ayes. Councilmember White, presiding. Councilmember White explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2- ll of the South Bend Municipal Code and that pamphlets were available to the public, which outline the Council rules and procedures, and are located on the railing in the Council Chambers. PUBLIC HEARINGS BILL NO. 66-06 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 PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, CARMINE & MARIA MARTINO, SILVIO MARTINO & JOHN ROY, NORTHWEST CORNER OF VANESS STREET AND WILLIS AVENUE AND A PARCEL ON THE WEST SIDE OF BURDETTE STREET APPROXIMATELY 83 FEET NORTH OF VANESS STREET, SOUTH BEND, INDIANA Councilmember Puzzello made a motion to amend this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Al "Buddy" Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Council Attorney Kathleen Cekanski-Farrand read into the record the amendments: Take out the extra Section IL; Add to Section IV., publication; and shall be subject to the Area Plan Commission entering into a written commitment with the petitioner which eliminates commercial and retail uses and limits ingress/egress onto Burdette Street from the development. Council Attorney Kathleen Cekanski-Farrand further noted that if the City Council were to go forward this evening by the amended version, by State Law, the Ordinance would have to go back to the Area Plan Commission with a letter from Councilmember Kirsits or Council President Rouse explaining the reason for the amendment. The Area Plan Commission will then have sixty days to act. Mr. Robert Nemeth, Staff Planner, Area Plan Commission, ll~ Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Nemeth advised that the petitioner is requesting a zone change from R Single Family Residential District (County) to MU Mixed Use District (Parcel I) and MF1 Urban Corridor Multifamily District (Parcel II) to allow athree-story condominium hotel facility and single family attached residential villas. This is in conjunction with an annexation into the City of South Bend and a special exception request from the Board of Zoning Appeals to allow a hotel. On site are three single family houses and undeveloped 15 REGULAR MEETING JANUARY 22, 2007 property zoned R Single Family District. To the north are two single family houses zoned R Single Family District. To the east across Willis Avenue is an automobile retail and service business zoned C Commercial. To the south across Vaness Street are apartment's zoned MF2 High-Density Multifamily District and amulti-tenant retail center zoned CB Community Business District. To the west across Burdette Street are two single family houses zoned R Single Family District. The MU Mixed Use District is established to promote the development of a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district are designed to encourage a pedestrian oriented design throughout the district, and maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. The MF1 Urban Corridor Multifamily District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of multifamily dwelling projects (including apartment, townhouse or row house style developments) and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. The rezoning totals 2.69 acres. A three story condominium hotel is proposed on 1.83 acres located on the north side of Vaness Street east of Burdette Street and west of Willis Avenue. It will cover 29,500 square feet, or approximately 38% of the site. The paved area covers 28,487 square feet, or 36% of the site. Open space-landscaping covers 21,728 square feet, or 27% of the site. Seventy four (74) parking spaces are proposed though only 62 spaces are required; however, the Board of Public Works must approve 21 on-street parking spaces on the north side of Vaness Street. A parking variance for nine spaces from the Board of Zoning Appeals will be needed for the hotel if the Board of Public Works denies on-street parking on the north side of Vaness Street. The landscaping regulations are met without a variance. Fourteen condominiums that are two stories in height are proposed on 0.86 acres located on the west side of Burdette Street. The condominiums will cover 13,440 square feet, or approximately 36% of the site. Parking will be on the first story. The paved area is 10,193 square feet, or approximately 27% of the site. Open space-landscaping will cover 13, 989 square feet, or approximately 37%. The landscaping regulations are met without a variance. On May 8, 2006, the Common Council annexed and rezoned 54670 Willis Avenue from R Single Family District to MF1 Urban Corridor Multifamily District to construct eight townhouses (APC#2364-06) On December 20, 2005, the Area Plan Commission recommended unfavorably for rezoning the northwest corner of Vaness Street and Willis Avenue from R Single Family District to MU Mixed Use District in order to construct a restaurant, retail shops, and apartments (APC#2351-OS) On May 11, 2004, the County Council rezoned 54585, 54619, and 54689 Willis Avenue from R Single Family District to R-2 Residential District to allow attached villas and single family houses (APC #2256- 04) Vaness Street, Willis Avenue, and Burdette Street are two lanes each. The site will be served by public water and sewer from the City of South Bend. The comprehensive plan policy plan Goa12 Objective C develop quality business areas to meet the retail and service needs of the planning area. Goa13 Objective C: encourage new development to take place in traditional neighborhood forms. This petition is consistent with the Comprehensive Plan economic and neighborhood objectives. The Comprehensive Land Use Plan does not make a recommendation for this area. However, the proposed South Bend City Plan recommends mixed use for the area. The area surrounding Vaness Street, Willis Avenue, and Burdette Street have a variety of uses. The area north of Vaness Street has single-family houses and the approved Irish Crossing quadplex development, while the south side of Vaness Street contains Turtle Creek apartments. The character of the area between South Bend Avenue and east of Willis Avenue is commercial and multi- family. The character of the area west of Burdette Street is single family and university athletic facilities. The most desirable use if for single family, multifamily, or a mixture of service/residential land use. The surrounding commercial and multifamily property values should be conserved with the MU and MF1 rezonings; however, the surrounding single family homes need to be appropriately buffered to protect their property values. It is responsible development and growth to allow sites to be appropriately redeveloped in keeping with the surrounding area. Based on information available prior to the public 16 REGULAR MEETING JANUARY 22, 2007 hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation subject to written commitments that prohibit restaurant and retail uses and to prohibit access t Burdette Street from the hoteUcondo project. The MF1 Urban Corridor Multifamily District is compatible with the existing multifamily zoning and land use located on the south side of Vaness Street, and to the north between Burdette Street and Willis Avenue, and east of Willis Avenue. The MF1 district is consistent with recent Common and County Council rezoning decisions establishing multifamily in this area. The property on the north side of Vaness Street is located in a transitional area between the commercial corridor of South Bend Avenue to the south and east, the university use to the west of Twyckenham Drive, and multifamily zoning and land use north of the site and to the south of Vaness Street. Vanes Street is only a few blocks long, and it is an active pedestrian link between the University of Notre Dame campus and South Bend Avenue. The proposed condominium hotel is residential in character, and will remain so with the recommended commitments. The site plan meets all residential landscape buffering requirements. The rezoning allow the use of mostly undeveloped property (there are only two existing houses covering 2.69 acres). It is unlikely that owners in this transitional area will invest in constructing single family houses as it is currently zoned. The South Bend City Plan recommends mixed use for the area. Mr. Mike Danch, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, representing the property owners, Carmine & Maria Martino, Silvio Martino, and John Roy, made the presentation for this bill. Mr. Danch advised that this rezoning request is for a piece of property located at the Northwest Corner of Vaness Street and Willis Avenue and a parcel on the West side of Burdette Street approximately 83 feet North of Vaness Street. The property is 3.10 +/- acres in size and currently has one single-family home. The petitioners desire and request that the petition site be rezoned from "R" Residential (County Zoning) to "MU" Mixed Use District (Parcel I) and "MF1"Urban Corridor Multifamily District (Parcel II) to allow for amulti-story Condominium Hotel facility and in the "MF1" Urban Corridor Multifamily District and for Single-Family attached Condominiums. The reason for the MLT category is due to the design of the building, that is going to be placed on that property. This will be a condominium hotel, it will be residential in nature. There will be full time staff for management. Residents can buy the condominium units, there will be approximately 60. There will be parking on the north side of the building, they will also be doing some additional improvements to Vaness Street. Additional landscaping, along the enlarged sidewalk area. There will be street trees put in, they will be planters, street furniture, which will include benches and also planters as well. The building will be three stories high, with an approximate height limit of forty (40) feet. Access will be off of Willis Street as per the staff of the Area Plan Commission. They will be working with the South Bend Fire Department for the secondary access point. The estimated cost of the project is 10-14 million dollars. They believe that this upscale condominium project will be a fit for this area. There is a mixture of uses, commercial, apartment complex on the south side of Vaness Street. On the east side there is Zolman Tire, to the north there are a couple of single family homes, a little farther to the north are multi-family condominiums. The Council approved a couple of months ago Rexford Place which is on the east side of Willis, just northeast of this site. Rexford Place is a condominium project that is being developed and under construction as we speak. The second portion of the site is the multi-family or the MF1 District. Those will have fourteen (14) town homes on them. There will be perimeter landscaping, there will be an interior portion with the access coming off of Burdette Street. Each unit will have atwo-stall garage on them. It will be hooked up to Water and Sewer and drainage per City requirements. On the condominium side they will also have an extensive buffer that is basically along the entire north boundary and the piece on the northeast corner of Burdette and Vaness that is owned by the University of Notre Dame. There will be an evergreen buffer zone along that entire boundary. There is a single family home off of Willis Street and they will be buffering the development from that single family home. They are making this project as much residential as possible. When this project was first thought of, it had commercial and retail portions to it, tonight, the petitioners are asking the Council to consider this only a residential project. They will be going back to the Area Plan Commission, and asking for written commitments to be approved and recorded as a part of this project to 17 REGULAR MEETING JANUARY 22, 2007 limit this to the residential component as discussed. This project will have no tax abatement involved with it and be done and developed by the owners. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individual spoke in favor of this bill. Mr. John Roy, 18200 Warwick, Granger, Indiana, thanked the Council for taking the time to review this project. It is something that has taken a lot of time to put together. A lot of effort has gone into it, a lot of planning. He is excited about the project and prospects of developing the project, cleaning up the neighborhood and helping the residents improve their property values. Mr. Roy stated that he hoped everyone can see the merits in this project. Mr. Craig Taelman, Signature Homes, 1212 S. Walnut, South Bend, Indiana, stated that he is the proposed builder for this project. He thanked the Council for their consideration of this project. Mr. Taelman stated that he thinks the project will be a great asset to the east side, The University of Notre Dame, and the South Bend Area. Mr. David Foot, Highland Construction, Lafayette, Indiana, stated that he is the builder/developers of the Wexford Site, that is on Willis Avenue. He stated that they have also acquired the nine (9) acres site at Irish Crossings between Willis and Burdette and Vaness Streets. He stated that they are very supportive of this project and believe that it will raise the property values of the entire area. And it will overall add to the economic vitality of the area. The following individuals spoke in opposition to this bill. Mr. Robert Howland, 54739 Willis, South Bend, Indiana, stated that if he remembered correctly, this is the seventh zoning action faced by the neighborhood since the end of 2002. With the exception of one, all have been initiated by people who do not live in the neighborhood. Unlike residents, who live day-today with whatever care they give to their properties, none of the three trying to develop the area commercially really live there. Their record as stewards of their own land is not good; even though they own the land, they don't care for it, typical of many who only utilize property occasionally; this however is a temporary inconvenience unlike the permanent structures they now propose. Regardless of ownership, there is the major concern of the magnitude of the proposal It is overwhelming. Its three-story height makes it virtually unique outside the City itself. Its height would put any roof-mounted air conditioning essentially right outside his bedroom window. This project would surpass the length ofone-an-a-half football fields; it is longer than either dimension of the block on which the City-County Building and others stand. It rivals most downtown buildings in size. Ultimately, it is precisely this magnitude which argues against the petitioned "MUD" zoning: Section 21-03.02 of the City Zoning Ordinance for that classification: The development standards in this district are designed to: maintain an appropriate massing and relationship between buildings and structures within the district. There is no way the proposal maintains "massing and relationship between buildings and structures within the district' there is virtually no three -story building from Hill Street out to Grape Road. The "MUD" zoning has a primary use: eating establishments, granting this would open up the possibility of such use. Mr. Howland stated that he does not want to be located adjacent to an eatery. The continuous kitchen noise would be feet away from his bedroom window. A facility of this magnitude will have dumpsters probably several of them. These draw animals and unwanted illegal dumping from other areas. Not to mention that commercial dumpsters are usually emptied in the early morning hours. The downward winds will blow the unpleasant odor once again right into my bedroom window. No amount of protective vegetation can block this. Mr. Howland stated that he also speaking on behalf of Jean Johnson, 54703 Willis, South Bend, Indiana, and Chester & Gladys Los, 54722 Burdette, South Bend, Indiana, who were unable to attend the meeting tonight. 18 REGULAR MEETING JANUARY 22, 2007 Mr. Gregory P. Hexane, Director of Asset Management and Real Estate Development, University of Notre Dame, 910 Fanner Hall, Notre Dame, Indiana, spoke in opposition to this bill. Mr. Hexane stated that the University of Notre Dame is in objection to the zoning change at the Northwest Corner of Vanes Street and Willis Avenue and a parcel on the West side of Burdette Street. The University is concerned about the current proposal at several levels: A condo hotel is a commercial use inconsistent with neighboring properties and damaging to property values. The proposed building is out of scale for the neighborhood. It would be a huge, monolithic structure adjacent to single-family residences. This would, in our opinion, be a detriment to property values. The University would welcome appropriate redevelopment in this neighborhood, and would support a plan that committed to building the same type of product for-sale, attached townhouses with separate entrances. The University feels that this use is viable in the market, more consistent with the residential nature of the surrounding properties than either the condo hotel or the mixed-use approach, and would not introduce the same Problems or property value negatives. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mr. Danch stated that the proposed project is completely residential. There will be no commercial whatsoever and will be subject to written commitments. The site plan meets all residential landscape buffering requirements. The rezoning allows the use of mostly undeveloped property. It is unlikely that owners in this transitional area will invest in constructing single family houses as it is currently zoned. Councilmember Varner made a motion for favorable recommendation as amended to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 67-06 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 PROPERTY LOCATED IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 6, RANJAN J. AMIN, 60971 US 31 SOUTH, SOUTH BEND, INDIANA Councilmember Al "Buddy" Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Mr. Robert Nemeth, Staff Planner, Area Plan Commission, 11~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Nemeth advised that the petitioner is requesting a zone change from "C" Commercial (County) to "CB" Community Business District (City) to allow a hotel. This rezoning is in conjunction with an annexation request. On site is an existing motel zoned C Commercial. To the north is a single family house zoned C Commercial. To the east across US 31 is a gas station zoned CB Community Business District (City). To the south are offices zoned C Commercial. To the west is a single family zoned R Residential. The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. The site is 3.30 acres (143,748 square feet). The existing motel will be removed, and a three story, 71 unit hotel will be constructed to cover 14,456 square feet, or 10% of the site. A 1,200 square foot conference room is also proposed within the hotel. One 19 REGULAR MEETING JANUARY 22, 2007 hundred twenty one (121) parking spaces are provided. There are existing driveways on Main Street and US 31 South. The landscaping meets the regulations without a variance. The intersection of US 31, Main Street, and Kern Road is characterized by commercial land use. Anew, limited access alignment for US 31 is being proposed. Indications are that the right-of--way may cross the western portion of the site that could affect the parking area. The site plan has been referred to the Indiana Department of Transportation (INDOT). The City of South Bend water and sewer utilities are available to the site. The Comprehensive Plan Policy Plan Objective C: Develop quality business areas to meet the retail and service needs of the planning area. The rezoning is consistent with the Comprehensive Plan economic policy. The Comprehensive Land Use Plan recommends the surrounding area for residential growth. The Comprehensive Land Use Plan was adopted in Apri12002 before the alignment of US 31 was established. The character of the intersection of US 31 Main Street, and Kern Road is commercial. The most desirable land use is commercial. The surrounding property values should be conserved since the commercial zoning and moteUhotel land use already exist. It is responsible development and growth to allow compatible re-use of property. Based on information available prior the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. The site is within a commercial corridor. The City CB Community Business District is the equivalent zoning district of the existing County C Commercial. A hotel will replace the existing motel on the site. The site plan meets the regulations of the zoning ordinance without a variance. Mr. Bernard Feeney, Registered Land Surveyor, Lang, Feeney & Associates, Inc., 715 South Michigan Street, South Bend, Indiana, representing the property owner, Mr. Ranjan J. Amin, made the presentation for this bill. Mr. Feeney advised that the petitioner is seeking to annex and rezone the property located at 60971 U.S. 31 South, to allow for the construction of a new hotel. The site is 3.30 acres. The existing motel will be removed, and a three story, 71 unit hotel will be constructed. There will be 121 parking spaces and there will be existing driveways on Main Street and US 31 South. The landscaping meets the regulations without a variance. 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 and set it for third reading on February 12, 2007. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 88-06 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 853 FOREST, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Al "Buddy" Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Ms. Catherine Hostetler, Director, Historic Preservation Commission, 125 S. Lafayette, South Bend, Indiana, made the presentation for this bill. Ms. Hostetler advised that the bill before the Council tonight is for landmarking 853 Forest Avenue as a declared historic/architectural landmark. At the November 20, 2006 meeting of the Historic Preservation Commission sent this bill to the Common Council with a favorable recommendation. 20 REGULAR MEETING JANUARY 22, 2007 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 89-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR OPERATING EXPENDITURES FOR THE FISCAL YEAR 2007 INCLUDING $69,014,696 FROM THE GENERAL FUND, $787,982 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $588,720 CUMULATIVE CAPITAL IMPROVEMENT FUND, $7,165,818 FIRE PENSION FUND, $7,201,189 POLICE PENSION FUND, $3,248,485 MOTOR VEHICLE FUND, $10,703,074 FROM THE PARKS AND RECREATION FUND, AND $1,406,400 FROM THE HALL OF FAME DEBT SERVICE Councilmember Pfeifer, Chairperson, Personnel & Finance Committee, reported that this Committee held a Public Hearing this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Catherine Fanello, CPA, City Controller, 14~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Fanello advised that this bill would allow for the appropriating of additional dollars into the Parks Fund for 2007 to operate the Greenhouse. Upon routine review of budget forms for the ensuing year, the Department of Local Government Finance (DLGF) recently noticed that the second advertisement was later than the September 11, 2006 public hearing. The advertisement should have been before the public hearing. The DLGF requests that the Council ratify a 2007 appropriation for property tax funds only. Ms. Fanello advised that there are no other steps that need to be taken according to the DLGF. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 90-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $128,723 FROM THE PARKS AND RECREATION FUND #201 FOR OPERATING EXPENDITURES OF THE GREENHOUSE FOR THE FISCAL YEAR 2007 Councilmember Puzzello, Chairperson, PARC 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. 21 REGULAR MEETING JANUARY 22, 2007 Ms. Catherine Fanello, CPA, City Controller, 14~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Fanello advised that this bill would allow for the appropriating of additional dollars into the Parks Fund for 2007 to operate the Greenhouse. Upon routine review of budget forms for the ensuing year, the Department of Local Government Finance (DLGF) recently noticed that the second advertisement was later than the September 11, 2006 public hearing. The advertisement should have been before the public hearing. The DLGF requests that the Council ratify a 2007 appropriation for property tax funds only. Ms. Fanello advised that there are no other steps that need to be taken according to the DLGF. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 1-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $100,000 WITHIN THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND (#288) TO PURCHASE A USED FIRE TRUCK Councilmember White, Chairperson, Health & Public Safety 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. Chief Luther Taylor, South Bend Fire Department, 1222 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Chief Taylor advised that this bill would allow for and appropriation within the Emergency Medical Service Capital Improvement Fund #288. The purpose of this request is to purchase a used fire truck at a cost of $82,500 and utilize the additional $18,500 to make some minor modifications and upgrade to reflect other South Bend Fire Department Apparatus. Chief Taylor advised that by purchasing this excellent condition used pumper, it is approximately a $200,000 savings in comparison to purchasing a new one. 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, Councihnember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 2-07 PUBLIC HEARING ON A BILL OF COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1,000,000.00 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT FUND, FUND 434, FOR THE PURPOSE OF DEVELOPMENT AND 22 REGULAR MEETING JANUARY 22, 2007 REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMM[.JNITY REVITALIZATION ENHANCEMENT DISTRICT Councilmember Dieter, Chairperson, Community & Economic Development Committee, reported that this committee held a meeting this afternoon, and discussed the pros and cons and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Mr. Andy Laurent, Economic Development Specialist, Community & Economic Development Department, 12~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Laurent advised that this bill would allow for the appropriation from the Industrial Development Fund, Fund 434, for demolition activities and repayment of the Section 108 Loan for the Studebaker/Olive Project. Mr. Laurent noted that as required by Indiana Code 36-7-13-5 (c), the Council may not conduct any business requiring expenditures from Fund 434 without the approval, in writing, of a majority of the members of the South Bend Advisory Commission on Industrial Development. On December 7, 2006, the Advisory Commission on Industrial Development met and unanimously approved Resolution No. 6-2006 recommending that the $1,000,000.00 received for Fiscal year 2006 be appropriated and spent for the repayment of the Section 108 Loan for the Studebaker/Oliver Project. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Kuspa made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 8:30 p.m. Council President Rouse presided with nine (9) member's present. BILLS, THIRD READING 23 REGULAR MEETING JANUARY 22, 2007 ORDINANCE NO. 9731-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 853 FOREST, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 9732-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR OPERATING EXPENDITURES FOR THE FISCAL YEAR 2007 INCLUDING $69,014,696 FROM THE GENERAL FUND, $787,982 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $588,720 CUMULATIVE CAPITAL IMPROVEMENT FUND, $7,165,818 FIRE PENSION FUND, $7,201,189 POLICE PENSION FUND, $3,248,485 MOTOR VEHICLE FUND, $10,703,074 FROM THE PARKS AND RECREATION FUND, AND $1,406,400 FROM THE HALL OF FAME DEBT SERVICE This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 9733-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $128,723 FROM THE PARKS AND RECREATION FUND #201 FOR OPERATING EXPENDITURES OF THE GREENHOUSE FOR THE FISCAL YEAR 2007 This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 9734-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $100,000 WITHIN THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND (#288) TO PURCHASE A USED FIRE TRUCK This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 9735-07 AN ORDINANCE OF COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1,000,000.00 OF INDIANA COMM[.JNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL 24 REGULAR MEETING JANUARY 22, 2007 DEVELOPMENT FUND, FUND 434, FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMM[.JNITY REVITALIZATION ENHANCEMENT DISTRICT This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 3686-07 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 THE NORTHWEST CORNER OF VANESS STREET AND WILLIS AVENUE, SOUTH BEND, INDIANA Whereas, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and Whereas, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to LC. 36-7- 4-918.6; and Whereas, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4 and Whereas, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section L The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5, requesting that a Special Exception be granted for the property located at: (Northwest Corner of Vaness Street and Willis Avenue, South Bend, Indiana) In order to permit The Approval of a Special Exception to allow for amulti-story Condominium Hotel facility for the Northwest corner of Vaness Street and Willis Avenue, South Bend, Indiana per Section 21-03.02 (2) (C) of the City of South Bend Zoning Ordinance. Section IL Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. Section III. The Common Council of the City of South Bend, Indiana, hereby finds that 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 25 REGULAR MEETING JANUARY 22, 2007 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 (i). Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board Appeals which are on file in the office of the City Clerk. Section V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kirsits, Chairperson, Zoning & Annexation 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. Chuck Bulot, Assistant Zoning Administration, St. Joseph County Building Department, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Bulot advised that the petitioners are seeking Special Exception to allow a multi- story condominium hotel facility in a "MU" Mixed Use district. At the Board of Zoning Appeals November 16, 2006 meeting this bill is sent to the Common Council with no recommendation. Mr. Michael Danch, President, Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend, Indiana, made the presentation on behalf of Carmine & Maria Martino, Silvio Martino, and John Roy. Mr. Danch advised that his clients are requesting the approval of a Special Exception for their properties located at the Northwest corner of Vaness Street and Willis Avenue, South Bend, Indiana. This Special Exception will allow for the construction of a multi- story Condominium Hotel facility. The petitioners desire to raze the existing single- family home that is on the eastern portion of the property and replace it with amulti-story Condominium Hotel facility. The proposed new building will have an urbanized feel to the structure and will be placed close to the existing right-of--way for Vaness Street. The frontage along Vaness Street will be improved to add parallel parking spaces along the sites' entire length and a new sidewalk area will be created that will be constructed out of colored pavers and will have several tree planters installed. Along the face of the new building there will be landscaping installed which will have a mix of evergreen & deciduous shrubbery and flowering annuals and perennial plants. Other amenities will include streetscape furniture place along said frontage. Additional parking will be provided on-site to the North of the new building. Along the perimeter of the site which is adjacent to existing residential, an evergreen buffer will be installed. The suites within the proposed Hotel will be offered for sale as condominium suites. This type of facility has been done successfully at other locations in and around the South Bend-Mishawaka metro area. The Petitioners believe that this location being close to Notre Dame and downtown South Bend and Mishawaka will have a great appeal to a large number of interested buyers. The petitioners believe that the approval of the Special Exception for the Hotel facility will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The Hotel will be residential in character as the suites will be condominiums with no commercial use. The proposed Hotel facility would not injure or adversely affect the use of the adjacent area or property 26 REGULAR MEETING JANUARY 22, 2007 values therein. This proposed building will actually create a buffer area between the more intense Commercial uses that presently exist along the South side of Vaness Street and on the East side of Willis Avenue by the existing Automotive Tire and Service Center. The Petitioners believe this proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The petitioners believe this use will allow for a layering of land use types which, at the present, are high intensity Commercial uses along the South side of Vaness Street, Commercial use on the East side of Willis Avenue, Student Apartments to the Southwest of the Petition site and a mix ofsingle-family homes and quad-plex residential homes to the North. The Petitioners also believe that the approval of this Special Exception will be compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 (i). 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. 3687-07 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 736 COUNTRY CLUB LANE Whereas, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and Whereas, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to LC. 36-7- 4-918.6; and Whereas, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4 and Whereas, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section L The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5, requesting that a Special Exception be granted for the property located at: 736 Country Club Lane, South Bend, Indiana 46615. Lot 18-5141-5129, or Lot 11 Morris Country Club Add. In order to permit A special exception for an accessory dwelling. We would like to finish out the existing space over our stand alone garage as living space. This living space will primarily be used as a home office. We may also use it to house an occasional guest visiting on a short term basis. The space will be heated and include a bathroom. This will not be used as a rental unit It will be used for our own personal use only. 27 REGULAR MEETING JANUARY 22, 2007 Section IL Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. Section III. The Common Council of the City of South Bend, Indiana, hereby finds that 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 (i). Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board Appeals which are on file in the office of the City Clerk. Section V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kirsits, Chairperson, Zoning & Annexation 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. Chuck Bulot, Assistant Zoning Administration, St. Joseph County Building Department, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Bulot advised that the petitioners are seeking a Special Exception for an accessory dwelling in a "SF1" district on property located at 736 Country Club Drive. The Board of Zoning Appeals gave it a public hearing on December 21, 2007 and sends this bill to the Common Council with a favorable recommendation. Mr. Chris Hebron, Limited Power of Attorney on behalf of the owners, John & Kathleen Anthony, made the presentation for this bill. Mr. Hebron advised that the petitioners are seeking a Special Exception for an accessory dwelling. We would like to finish out the existing space over our stand alone garage as living space. This living space will primarily be used as a home office. They may also use it to house an occasional guest visiting on a short term basis. This space will be heated and include a bathroom. This will not be used as a rental unit It will be used for the owners own personal use only. 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 Puzzello seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 28 REGULAR MEETING RESOLUTION NO. 3688-07 JANUARY 22, 2007 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2006 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE Whereas, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and Whereas, on December 6, 2006 the City Business Licensing Clerk provided written notice to the City Clerk that the following businesses has been approved for Scrap Metal Dealer, Junk Dealer, Valuable Dealer and Recycling Operations Licenses for the 2006 licensing year; and Steve & Gene's LLC 3109 Gertrude St. South Bend Iron & Metal 429 W. Indiana Ave. South Bend Waste Paper 1519 S. Franklin St. Whereas, the license applications for all above-referenced businesses received favorable recommendations from the Department of Code Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building Department. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section L The license applications for the following businesses are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building Department as evidenced by the Business Licensing Auditor's communication to the City Clerk dated December 6, 2006: Steve & Gene's LLC 3109 Gertrude St. South Bend Iron & Metal 429 W. Indiana Ave. South Bend Waste Paper 1519 S. Franklin St. Section IL This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Charlotte Pfeifer, 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. Mr. Chuck Clark, License Auditor, Department of Administration & Finance, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Clark advised that in accordance with the procedure for the renewal of City Business/Occupational licenses for the operation of Scrap MetaUJunk Dealers/Recycling Operations, renewal applications for three (3) businesses were submitted to the Fire Inspection Bureau, Water Works, Department of Code Enforcement and Building Department. The properties were inspected for Fire Code violations, environmental violations, proper maintenance of the premises and areas outside the fences, and the height and condition of the surrounding fencing. All three (3) applications received favorable recommendation from all departments. 29 REGULAR MEETING JANUARY 22, 2007 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 3689-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, CONIMONLY KNOWN AS 4440 NORTH PORTAGE ROAD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND CLINIC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4440 North Portage Road, South Bend, Indiana, and which is more particularly described as follows: THAT PART OF A TRACT OF (13) THIRTEEN ACRES OFF THE NORTH END OF A (25) TWENTY-FIVE ACRE TRACT OFF THE NORTH END OF THE WEST HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF SECTION (22) TWENTY-TWO, TOWNSHIP (38) THIRTY- EIGHT NORTH, RANGE (2) TWO EAST, WHICH LIES EAST OF THE HIGHWAY KNOWN AS THE PORTAGE PRAIRIE ROAD and which has Key Number 004-1014-0217, as an Economic Revitalization Area, and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION IL The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (5) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. 30 REGULAR MEETING JANUARY 22, 2007 SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Rich Deahl, Barnes & Thornburg, LLP, 600 lgt Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation on behalf of The South Bend Clinic and its Executive Director and Manager, Paul J. Meyer. Mr. Deahl advised that The South Bend Clinic proposes to develop a vacant, undeveloped lot into a branch campus for primary medical care services. The company plans to construct a 1 '/z story, 13,874 square foot medical office building with a 102- space paved surface parking lot. The estimated cost of the addition is $2,943,000. 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 Pfeifer 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. 3690-07 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 1432, 1440, 1448, 1454, 1445, 1451, 1457, 1463 SLATER DRIVE, 6720 MACKEY CT. OR 1505 STADIUM DRIVE, 6712, 6704, 6638, 6630, 6639, 6705, 6713, 6721, 6803 MACKEY COURT AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP 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 1432, 1440, 1448, 1454, 1445, 1451, 1457, 1463 Slater Drive, 6720 Mackey Court or 1505 Stadium Drive, 6712, 6704, 6638, 6630, 6639, 6705, 6713, 6721, 6803 Mackey Court, 6806 Stewart Drive or 1410 Stadium Drive, 6803 Stewart Drive or 1504 Stadium Drive, 6814, 6810, 6811, and 6815 Stewart Drive South Bend, Indiana, and which is more particularly described as follows: commencing at the northwest corner of said northwest quarter, said corner lying south 89 degrees 04 minutes 47 seconds east, a distance of 281.17 feet from the southwest corner of the southwest quarter of section 35, township 37 north, range 2 east, said southwest corner being marked by a 5/8 inch diameter rod, 0.1 feet below the road surface; thence south 00 degrees 16 minutes 41 seconds west, along the west line of said northwest quarter, a distance of 1339.13 feet to the point of beginning; thence south 89 degrees 10 minutes 21 seconds east, along the south line of the northwest quarter of the northwest quarter of said section 2, a distance of 631.14 feet to the northwest corner of lot number 50 in Lafayette Falls subdivision, section 4, recorded under instrument number 0602210 in the office of Recorder of St. Joseph County, Indiana, thence the neat (5) five 31 REGULAR MEETING JANUARY 22, 2007 calls along the west lines of said Lafayette Falls subdivision, section 4: 1) south 25 degrees 07 minutes 33 seconds west, a distance of 202.00 feet; 2) south 53 degrees 36 minutes 27 seconds east, a distance of 152.30 feet; 3) south 41 degrees 38 minutes 02 seconds east, a distance of 50.00 feet to the point of curvature of anon-tangent curve, concave southeast, having a radius of 475.00 feet, being subtended by a chord length of 59.36 feet, bearing north 51 degrees 56 minutes 54 seconds east; 4) southwesterly along said curve a distance of 59.39 feet; 5) south 34 degrees 28 minutes 10 seconds east, a distance of 137.24 feet; thence south 58 degrees 07 minutes 46 seconds west, a distance of 56.64 feet; thence south 42 degrees 38 minutes 44 seconds west, a distance of 57.21 feet; thence south 18 degrees 43 minutes 18 seconds west, a distance of 115.58 feet; thence south 07 degrees 50 minutes 12 seconds west, a distance of 50.00 feet to the point of curvature of anon-tangent curve, concave south, having a radius of 1602.00 feet, being subtended by a chord length of 13.30 feet, bearing north 82 degrees 24 minutes 04 seconds west; thence westerly along said curve a distance of 13.30 feet; thence south 00 degrees 00 minutes and 00 seconds east, a distance of 154.92 feet; thence north 90 degrees 00 minutes 00 seconds west, a distance of 144.88 feet; thence north 00 degrees 00 minutes 00 seconds east, a distance of 6.50 feet; thence north 90 degrees 00 minutes 00 seconds west, a distance of 206.50 feet; thence north 00 degrees 00 minutes 00 seconds east, a distance of 161.62 feet; thence north 90 degrees 00 minutes 00 seconds west, a distance of 84.92 feet to the point of curvature of a tangent curve, concave to the southeast, having a radius of 30.00 feet, being subtended by a chord length of 42.22 feet, bearing south 45 degrees 17 minutes 00 seconds west, thence southwesterly along said curve a distance of 46.83 feet; thence north 90 degrees 00 minutes 00 seconds west, a distance of 218.40 feet to the west line of said northwest quarter; thence north 00 degrees 16 minutes 41 seconds east, along said west line, a distance of 642.03 feet to the point of beginning; said described tract containing 10.968 acres, more or less and this property has Tax Key Number 23-1002-0022.01 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et sea., 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 sec ., and South Bend Municipal Code Sections 2-76, et sec ., 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 L 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 IL The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: 32 REGULAR MEETING JANUARY 22, 2007 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 fmds 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 VL 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 33 REGULAR MEETING JANUARY 22, 2007 designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Dieter made a motion to accept the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Derek Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this substitute bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Derek Spier, ALC.P, Abonmarche Consultants, LLC., 750 Lincoln Way East, South Bend, Indiana, made the presentation for this bill. Mr. Spier advised that Kendall-Weiss intends to construct twenty-four (24), new, single- family homes on approximately 11 acres of land. The homes will consist of (3) three to (4) bedrooms with 2 '/z baths ranging in size from 1,200 to over 2,500 square feet with eight-foot basement walls, a 20 foot by 20 foot attached garage, optional fireplaces, and vinyl siding with stone and/or brick accents. Stove, dishwasher, microwave oven, and garbage disposal are included with the base home package. Each home will be built on lots ranging in size from a minimum 44 foot by 113 foot to over 1.5 acres. All lots will be sodded, sprinkled, landscaped, and serviced by municipal water and sanitary sewers. The sections of the development will include one retention basin, 1,3621inear feet of new streets, and public and private utilities. The average cost of the homes will be approximately $170,000. 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, Councihnember Dieter made a motion to adopt this Resolution as substituted. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3691-07 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 920 ST. PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JILL R. BODENSTEINER 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 920 St. Peter Street, South Bend, Indiana, and which is more particularly described as follows: Parcel L The South Half (1/2) of the West Half (1/2) of Lot Numbered One Hundred Twenty-Seven (127) as shown on the recorded Plat of Sorin's Second Addition to the Town of Lowell, now a part of the City of South Bend, IN St. Joseph County, Indiana, bounded by a line running as follows, viz: Beginning at the Southwest corner of said Lot Numbered One Hundred Twenty-Seven (127) thence running East on the South line 34 REGULAR MEETING JANUARY 22, 2007 of Said Lot, 122.7 feet to the West line of a public alley running North and South between Notre Dame Avenue and St. Peter Street in said City; thence North along the West line of said alley 33 feet; thence West 122.65 feet; more or less, to the East line of St. Peter Street, which is the West line of said Lot Numbered One Hundred Twenty- Seven (127); thence South along the West line of said Lot, 33 feet to the place of beginning. Parcel IL The West 121.6 feet of the North Half of Lot Numbered One Hundred Twenty-Seven (127) as shown on the recorded Plat of Sorin's Second Addition to the Town of Lowell, now within and a part of the City of South Bend, as recorded July 27, 1860, in Plat Book 1, page 107 in the Office of the Recorder of St. Joseph County, Indiana. and this property has Tax Key Number 18-5107-3777 and 18-5107-3778, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sea., 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 sec ., and South Bend Municipal Code Sections 2-76, et sec ., 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 L 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 IL The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. 35 REGULAR MEETING JANUARY 22, 2007 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 fmds 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 VL The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Derek Dieter, 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. Jill R. Bodensteiner, P.O. Box 881, Notre Dame, Indiana, made the presentation for this bill. Ms. Bodensteiner advised that she intends to construct a 2,000 square foot, single-family, 36 REGULAR MEETING JANUARY 22, 2007 owner-occupied home. The home will be 1 'h stories and built in the bungalow style. Rooms designated for the lgt floor will be the living room, dining room, kitchen, master bedroom and bath, study, mudroom and an additional bathroom. The 2nd floor of the new construction will contain two bedrooms and a bathroom. There will be a finished basement with recreation space and an attached two-car garage. The price of the home will be $300,000. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3692-07 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 1017 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DON AND SARA POPE DAVI S 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 1017 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: nd Lot 86, N'/a, Sorin's 2 Addition and this property has Tax Key Number 18-5104-3655, 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 sec ., 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 L 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 IL The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: 37 REGULAR MEETING JANUARY 22, 2007 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 fmds 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 VL 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. 38 REGULAR MEETING JANUARY 22, 2007 SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Derek Dieter, 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. Adam Devon, 17871 St. Rd. 23, South Bend, Indiana, made the presentation on behalf of the owners Don & Sara Pope Davis. Mr. Devon advised that Don & Sara Pope Davis plan to construct a 2,675 square foot, single-family, owner-occupied home with a 1,000 square foot finished lower level. The home will have four (4) bedrooms, and four (4) bathrooms with a kitchen, dining room, great room, first floor laundry room, fireplace, built-ins, trim molding, and hardwood floors completing the home. The estimated value of the home is approximately $382,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember White made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3693-07 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 5733 HAWKINS COURT AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR AMY J. BILLHIMER 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 5733 Hawkins Court, South Bend, Indiana, and which is more particularly described as follows: Lot 279, Crest Manor, Section 10 and this property has Tax Key Number 23-1041-2263, 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 sec ., and South Bend Municipal Code Sections 2-76, et sec ., and has further prepared maps and plats showing the boundaries and such other 39 REGULAR MEETING JANUARY 22. 2007 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 IL The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and 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 fmds 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 40 REGULAR MEETING JANUARY 22, 2007 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 VL The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Derek Dieter, 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. Mike Urbanski, Garden Home Builders, 14299 Day Road, Mishawaka, Indiana, made the presentation on behalf of the owner, Ms. Amy J. Billhimer. Mr. Urbanski advised that Ms. Billhimer plans to construct a new, three bedroom, five- roomhome of approximately 1,036 square feet on a full basement. The home will have a 20x21 foot attached garage, vinyl siding, stove, dishwasher, vent hood, and garbage disposal. The home will be built on a vacant lot that will be seeded upon completion of the home. The cost of the home will be $95,260. 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, Councihnember 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. BILL NO. 07-15 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 511 EAST COLFAX AVENUE AND 210 NORTH NILES AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (4) FOUR-YEAR REAL PROPERTY TAX ABATEMENT FOR ODYSSIAN TECHNOLOGY 41 REGULAR MEETING JANUARY 22, 2007 BILL No. 07-16 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 511 EAST COLFAX AVENUE AND 210 NORTH NILES AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ODYSSIAN TECHNOLOGY Councilmember Pfeifer made a motion combine these bills for purposes of Public Hearing. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3694-07 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 511 EAST COLFAX AVENUE AND 210 NORTH NILES AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (4) FOUR-YEAR REAL PROPERTY TAX ABATEMENT FOR ODYSSIAN TECHNOLOGY 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 Odyssian Technology South Bend, Indiana, and which is more particularly described as follows: Mid Pt 83 Ex 3' x 84.75' SW Cor OP Lowell; W 38.25' of E 80.25' Lot 84 W 38.25' of E 80.5' S 16.5' Lot 83 OP Lowell; 42' E End Lot 84 x 42' E End 1 Rd Side Lot 83 OP Lowell and which has Key Numbers 18-5005-0116; 18-5005-0118 and 18-5005-0119 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec ., 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 sec ., and South Bend Municipal Code Sections 2-76, et sec ., 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: 42 REGULAR MEETING JANUARY 22, 2007 SECTION L 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 sec ., for tax abatement. SECTION IL The Common Council hereby determines and fmds 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 E 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 VL The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period (4) four 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. 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/Timothy A. Rouse 43 REGULAR MEETING JANUARY 22, 2007 Member of the Common Council RESOLUTION NO. 3695-07 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 511 EAST COLFAX AVENUE AND 210 NORTH NILES AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ODYSSIAN TECHNOLOGY 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 East Colfax Avenue and 210 North Niles Avenue, South Bend, Indiana, and which is more particularly described as follows: Mid Pt 83 Ex 3' x 84.75' SW Cor OP Lowell; W 38.25' of E 80.25' Lot 84 W 38.25' of E 80.5' S 16.5' Lot 83 OP Lowell; 42' E End Lot 84 x 42' E End 1 Rd Side Lot 83 OP Lowell and which has Key Numbers 18-5005-0116; 18-5005-0118 and 18-5005-0119 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec ., 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 sec ., and South Bend Municipal Code Sections 2-76, et sec ., 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 L The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1-12.1-4.5 et sec ., 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; a. 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 44 REGULAR MEETING JANUARY 22, 2007 e. The totality of benefits is sufficient to justify the deduction requested. SECTION IL The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years. SECTION VL The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Derek Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held Public Hearings on these bills this afternoon and voted to send them to the full Council with a favorable recommendation. Mr. Barton Bennett, Owner, Odyssian Technology, 15270 Timber Trail, Mishawaka, Indiana, made the presentation for these bills. Mr. Bennett advised that Odyssian Technology is a high technology company focused on technology innovation and creative product development related to advanced lightweight composites, multifunctional structure, smart structure, and integrated systems and is involved in developing technology products for both military and consumer marketplace. The project will invest $384,816 in research and development equipment. Odyssian Technology is purchasing two buildings in the East Bank Development Area. Plans are to renovate the 2,800 square foot Colfax Avenue building by making a new entry, adding windows, redesigning the office space, adding a kitchen breakroom, conference room, engineering center and restrooms that are handicap accessible. The fagade will be reworked by adding windows, new doors, lighting, landscaping, and paving the parking area. The empty lot will be redeveloped into a courtyard with awrought-iron gate and a few parking spaces. Security and perimeter lighting will be added. The facility will be set up with state of the art IT capabilities. The Niles Avenue facility has 2,588 square feet and will be renovated by replacing doors and windows, power washing and painting, replacing the roof, adding security and lighting, renovating the bathroom and adding utilities as needed to support a research and development laboratory. It is estimated that the total project will create five (5) new, permanent, full-time jobs representing a new annual payroll of $277,440. The project will also maintain three (3) existing permanent full-time jobs representing an annual payroll of $483,584. 45 REGULAR MEETING JANUARY 22, 2007 A Public Hearing was held on the Resolutions at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Varner made a motion to adopt Bill No. 07-15. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Dieter made a motion to adopt Bill No. 07-16. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS_ FIRST READING BILL NO. 5-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CLOSING FUND 424 (TIF- SBCDA), TRANSFERRING FUNDS WITHIN FUND 424 TO FUNDS 425 AND 601, AND CHANGING THE TITLE OF FUND 425 FROM "TIF-LEIGHTON PLAZA" TO "REDEVELOPMENT RETAIL" This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on February 12, 2007. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 6-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL AND PROGRAM EXPENDITURES FOR THE FISCAL YEAR 2007 INCLUDING $3,000,000 FROM THE GENERAL FUND, $1,500,000 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $800,000 EMERGENCY MEDICAL SERVICES, $4,500,000 FROM THE COUNTY OPTION INCOME TAX FUND, $1,000,000 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $200,000 MORRI S PERFORMING ART S CENTER, $824,500 FROM THE PARKS AND RECREATION FUND, $320,000 FROM THE PARKS NON-REVERTING CAPITAL FUND, $75,000 FROM THE PARK RECREATION NON- REVERTING FUND, $4,000 FROM THE EAST RACE WATERWAY FUND, $3,100,000 FROM THE LOCAL ROADS AND STREETS FUND, $31,500 CONSOLIDATED BUILDING FUND, $1,105,100 FROM THE WATER WORKS DEPRECIATION FUND, AND $3,215,000 FROM THE SEWAGE WORKS DEPRECIATION FUND This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on February 26, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 46 REGULAR MEETING JANUARY 22, 2007 BILL NO. 7-07 FIRST READING ON A BILL AMENDING THE 2007 SALARY ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2007 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on February 12, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 8-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $42,000 FROM FUND 212, THE COMMi.JNITY & ECONOMIC DEVELOPMENT FUND, FOR CONSULTANT SERVICES IN THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community & Economic Development Committee and set it for Public Hearing and Third Reading on February 12, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS Councilmember Puzzello commending Dennis Andres and the Morris Performing Arts Center on once again being ranked by Pollstar in the top 100 Theater Venues Worldwide. The Morris jumped to #38 for 2006 up from their 2005 ranking of #46. She noted that South Bend's favorite performance venue shines in stellar company, alongside Radio City Music Hall and the Coliseum at Caesars Palace, and topping Rosemont Theatre and Fox Theatre in Detroit, according to the January 15, 2007, special edition of Pollstar. NFW RTT4TNF44 PRIVILEGE OF THE FLOOR COMMENTS BY MR. JAMES MASTERS CONCERNING RESIDENTIAL PARKING AND VACANT BUILDINGS Mr. James A. Masters, 211 W. Washington Street, South Bend, Indiana, spoke regarding residential yard parking. Mr. Masters thanked Council President Rouse for contacting him and informing him that some action is being taken on the Ordinance prohibiting parking on yards. This issue has become personal because of the many houses across the street from his that have cars parked in the front yard. But it is just not in his area of the 5~` District. This problem occurs in every district of the City of South Bend and should be an embarrassment to all of us. It has been fifteen (15) months since the Council has been considering this ordinance and it is time to move on this ordinance. He offered to help the Council do whatever it takes to get the ordinance passed. Mr. Master stated that he is here tonight on another item. When he travels around the City, he takes note of properties and areas that have deteriorated and continue to deteriorate and they become a blight. There seems to be no apparent effort on the part of the City Administration to do anything. One such property sits right at the gateway to downtown at the corner of Western and Walnut. The southeast corner right at the viaduct, it used to be a clinic, a daycare. Go by there, the windows are all broken out; some boarded up, on the second floor jagged glass is hanging out. An obscenity is painted on the outside of the building. Do you know that it has been like this for a year! His wife drives by it everyday, he drives by it once a week, and he wonders if he sees this, doesn't anybody else see this? 47 REGULAR MEETING JANUARY 22, 2007 Does anybody else take concern? Because this is right at the Gateway to downtown South Bend. How many thousands of people came into South Bend this past year, for a football game, and event at Indiana University or some other event downtown, and that was your welcome to downtown South Bend! It appears that the people on the 14d` floor of this building and the 12~` floor of this building don't appear to be doing anything to get it done, so he decided to come before the South Bend Common Council to ask to do something, to take some action. To contact whoever the Councihnember's contact to see that some movement is done on this blight. Because the people who designed this Common Council had a certain genius about themselves, not only is there a District Councilmember, that should be obviously concerned about something like the abandoned building in their district, but there are three Councihnember's At Large. So that there are at least four (4) Councilmember's that have a vested interest and the rest of the Council ought to also, because it is your City and my City. He begged the Council to take care of the blight on the City and it has been going on for more than a year now. Somebody ought to be able to get that building cleaned or get it down. Councilmember White stated that in the past the Council President has assigned various topics to individual Councihnember's Committee. Council President Rouse advised that he was appreciative of the fact the Mr. Masters has brought this item to the Council's attention. Councilmember Kelly stated that he has had contact with the Department of Code Enforcement and Director Cathy Toppel. He said that the City has an average of 26-60 homes and commercialproperties that are set for demolition. Councilmember Pfeifer stated this is the former home of El Buena Vicino and located in the 2nd District, her district. She noted that the Mayor hosted a meeting at LaSalle Square, there were approximately 100 people. He addressed the very issue of vacant housing. The Council has looked at vacant buildings in general and how people squander and establish inappropriate uses in them. Councilmember Pfeifer thanked Mr. Master's for bringing this building to her attention. Councilmember Pfeifer stated to Council President Rouse that she would be glad to look into this, unless he was going to assign this topic to another Councilmember or Committee. She stated that if this topic gets assigned to another Councilmember or Committee, she would work with that Councilmember or Committee, to fmd out who owns it and what can be done to do something about it. Council President Rouse stated that the property is located in the 2nd District and Councilmember Pfeifer has offered to look into this property. Also, the three At-Large Councilmember's can work with her and assist in anyway possible. Councilmember Pfeifer stated that she thinks the Mayor is going to announce in the very near future a program to address the vacant houses and buildings. They are getting feedback from various individuals with concerns about the blighted buildings and homes. Councilmember White stated that approximately one year ago, the Council had a retreat to discuss topics of concern. One of the main issues was vacant homes and buildings in the City. The Council asked the administration to get them more information on these vacant buildings. The Council toured the various neighborhoods that are being affected by this blight. She also recommended as a Council, that they set aside time that to collectively discuss this critical issue, because it impacts each and every one of us. We have identified one building, but that is one in a thousand. So as a Council, it is very important that we collectively begin the discussion in conjunction with also working with the administration to address this problem. Councilmember Dieter stated that as a Council when you have a report of a vacant or abandoned home collect that data, address, owner's name, etc., and present that information to the administration. Council President Rouse stated that he wants to be clear that the Council does not want to micro-manage Code Enforcement and the various departments. But the Council will get 48 REGULAR MEETING JANUARY 22. 2007 involved when constituents come before the Council and address such problems. The Council has a responsibility to address those issues and concerns, from the Legislative and Fiduciary perspective to see that those things are at least are acted upon. Councilmember White further noted that the Council needs to look at this issue at a policy perspective also. She believes that that is well within the Council realm. This issue along with Public Safety are very critical issues for this Community. As a Council, discussion needs to be conducted at this level, so that we have a consensus with regards to what we as a Council can do. Councilmember Kirsits stated that from a Firefighter perspective there was a time when they had difficulty boarding up homes and businesses that have had a fire. That's because when there is a fire at a home or business that is not owner occupied, the dispatch center must call from a list of contractors who get called on a rotating basis for board ups. The contractors were refusing to come to a board up because there was a problem with no clear homeowner and who was going to be responsible for the liability (cost of labor and materials). The contractor's had to put liens on the homes, so they could get paid for their services. However, that has changed and a contractor cannot refuse to do a board up. Councihnember Kirsits stated that with the Capital Budget on the agenda for discussion, and the problem of vacant and abandoned buildings, this is the appropriate time to discuss how soon a house can be boarded up and then fixed or torn down. It might have to be the City's responsibility to secure these vacant and abandoned homes and buildings and funding might have to come out of the Capital Budget. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 9:30 p.m. ATTEST: ATTEST: John Voorde, City Clerk Timothy A. Rouse, President 49