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HomeMy WebLinkAbout02/26/07 Council Meeting MinutesREGULAR MEETING FEBRUARY 26, 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, February 26, 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 Roland Kelly Ann Puzzello David Varner Ervin Kuspa Al "Buddy" Kirsits Timothy Rouse Karen L. White 1st District 3rd District 4th District Vice-President 5th District 6th District At-Large At-Large President At-Large Chairperson Committee of the Whole Absent: Charlotte Pfeifer OTHERS PRESENT: 2nd District John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice L Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMIyIITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the February 12, 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 Dieter made a motion that the minutes of the February 12, 2007 meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS There was no Special Business to come before the Council at this time. RESOLVE INTO THE COMIyIITTEE OF THE WHOLE At 7:05 p.m. Councilmember Dieter made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. REGULAR MEETING FEBRUARY 26, 2007 Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 6-07 PUBLIC HEARING 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 Councilmember Dieter made a motion to continue this bill until the March 26, 2007 meeting of the Council at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) 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 7:07 p.m. Council President Timothy A. Rouse presided with eight (8) members present. REGULAR MEETING FEBRUARY 26, 2007 BILLS -THIRD READING ORDINANCE NO. 9741-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CENTRE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 6, KBS PROPERTIES LLC, 60958 U. S. 31 SOUTH This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RF4flT.TTTTflN4 RESOLUTION NO. 3707-07 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 1750 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 5-14-1.5-5, requesting that Special Exceptions be granted for the property located at (1750 Willis Avenue, South Bend, Indiana) in order to permit REGULAR MEETING FEBRUARY 26, 2007 The Approval of a Special Exception to allow for off-site parking usage for 1750 Willis Avenue, South Bend, Indiana per Section 21-02.03 (F) of the City of South Bend Zoning Ordinance and the Approval of a Special Exception to allow for Single-family residential dwellings for 1750 Willis Avenue, South Bend, Indiana per Section 21-02.03(D) 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 uses will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed uses will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed uses are compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03(1). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. 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 Mr. Don Fozo, St Joseph County Building Commissioner, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Fozo advised that the petitioner is seeking a special exception on parcels A through H to allow single family attached dwellings on individual parcels, a Special Exception for parcel I to allow for nine off-site visitor parking spaces for use by parcels A through H. Mr. Fozo sated that the Board of Zoning Appeals held a public hearing on January 18, 2007 and sends this bill to the Common Council with a favorable recommendation. Mr. Mike Danch, President, Danch, Harner and Associates, Inc., 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill. Mr. Danch advised that his clients are requesting the approval of Special Exception uses for their property located at 1750 Willis Avenue, South Bend, Indiana. These Special Exception uses will allow the construction of Single-family attached townhomes on individual lots and a Visitor Parking area (i.e. off-site parking) on a lot adjacent to the single-family townhomes on property located in a "MF1"Urban Corridor Multifamily District zoning classification. Mr. Danch noted that his clients believe that the approval of the proposed Special Exception Uses will fit with the existing mixed uses along this portion of Willis Avenue neighborhood. A Public Hearing was held on the Resolution at this time. REGULAR MEETING FEBRUARY 26, 2007 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 eight (8) ayes. RESOLUTION NO. 3708-07 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 3003 LINCOLNWAY WEST, 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 thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, 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 5-14-1.5-5, requesting that Special Exceptions be granted for the property located at 3003 Lincolnway West to have a Special Exception Use to allow parking in a MU Mixed Use District which will serve an Office in CB Community Business District and a Special Exception Use to allow off site parking for the Office on the MU Mixed Use parcel Also, seeking a parking lot setback variance from the required 20' setback to 5' along Terrace Avenue and Lincolnway West. 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 approval will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; REGULAR MEETING FEBRUARY 26, 2007 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied t the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kirsits, Chairperson, Zoning and 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 no recommendation due to the lack of a quorum. Mr. Don Fozo, St. Joseph County Building Commissioner, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Fozo advised that the petitioners are seeking a Special Exception to allow parking in "MU" to serve property zoned "CB" & a Special Exception to allow off site parking for "CB", on property located at 3003 Lincolnway West. Mr. Fozo stated that the Board of Zoning Appeals gave it a public hearing on January 18, 2007 and sends this bill to the Common Council with a favorable recommendation. Mr. Bernie Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation on behalf of the petitioner, Kuert Concrete, Inc. Mr. Feeney advised that the petitioned parcel is located at 3003 Lincolnway West and is at the northeast corner of Terrace Avenue and Lincolnway West. This parcel was previously used as a parking lot. The parcel is zoned MU Mixed Use District. The petitioner Kuert Concrete, Inc. would like to this site to serve as a parking lot for their office. Kuert Concrete is currently in the building located on the northwest corner of Terrace Avenue and Lincolnway West in the former Mr. Moo's Restaurant. This office is in the CB Community Business District. The petitioner is also seeking a parking lot setback variance from the required 20' setback to 5' along Terrace Avenue and Lincolnway West. A Pubic 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 eight (8) ayes. BILL NO. 07-19 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 121 NORTH ST. LOUIS BLVD. REGULAR MEETING FEBRUARY 26, 2007 BILL NO. 07-25 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 511 EAST COLFAX AVENUE AND 210 NORTH NILES AVENUE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (4) FOUR-YEAR REAL PROPERTY TAX ABATEMENT FOR ODYSSIAN TECHNOLOGY BILL NO. 07-26 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 511 EAST COLFAX AVENUE AND 210 NORTH NILES AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ODYSSIAN TECHNOLOGY Councilmember Varner made a motion to continue Bill Nos. 07-19; 07-25 and 07-26 at the request of the petitioner until the March 12, 2007, meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3709-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6320, 6323, 6328 AND 6331 OAK COURT AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SFI/LDI PARTNERSHIP WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known 6320, 6323, 6328 and 6331 Oak Court, South Bend, Indiana, and which is more particularly described as follows: Lot 61 Southfield Subdivision, Section Three as shown as the recorded plat in the Office of the Recorder of St. Joseph County, Indiana, excepting there from: Lot 61, Building One Envelope. Commencing at the Southeast corner of Lot 61; thence North 00°00'00" East, a distance of REGULAR MEETING FEBRUARY 26, 2007 9.50 feet; thence South 86°13'02" West, a distance of 14.50 feet to the point of beginning; thence continuing South 86°18'02" West, a distance of 86.45 feet; thence North 03°41'58" West, a distance of 63.19 feet; thence North 45°03'37" East, a distance of 18.11 feet; thence North 86°18'02" East, a distance of 72.93 feet; thence South 03°41'58" East, a distance of 75.13 feet to the point of beginning. And Further excepting Building Six Envelope. Commencing at the Northwest corner of said Lot 61; thence South 00°00'00" East, a distance of 196.39 feet; thence North 90°00'00" East, a distance of 50.00 feet; to the point of beginning, thence continuing North 90°00'00" East, a distance of 86.00 feet; thence South 00°00'00" East, a distance of 68.00 feet; thence South 90°00'00" West, a distance of 86.00 feet; thence North 00°00'00" West, a distance of 68.00 feet to the point of beginning and this property has Tax Key Number 23-1037-2073.13, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 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. REGULAR MEETING FEBRUARY 26, 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VL This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Mr. Richard Deahl, Attorney at Law, Barnes & Thornburg, 100 N. Michigan Street, Suite 600, South Bend, Indiana, made the presentation for this bill. Mr. Deahl advised that SFI/LDI Partnership plans to construct four (4) new, single-family villa/condominium units contained within the 1.889 acre subdivision known as Southfield Subdivision, Section 3. Each home will be approximately 1,500 to 2,000 square feet and will include two bedrooms, two baths, a den, open kitchen and living space and an attached garage. The construction will be wood frame with vinyl siding and exterior brick/stone accents. Additional options such as a fireplace, covered patio, and appliances may also be made available. The price of each villa/condominium will be between $160,000 and $240,000. The total price of the project is estimated at $700,000.00. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried by a roll call vote of eight (8) ayes. RESOLUTION NO. 3710-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4701 NIMTZ PARKWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER GEAR WORKS, INC. REGULAR MEETING FEBRUARY 26, 2007 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 Schafer Gear Works, Inc., South Bend, Indiana, and which is more particularly described as follows: Apart of the Southeast Quarter of Section 20 and part of the Southwest Quarter of Section 21, Township 38 North, Range 2 East, situated in German Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Lots numbered (10) ten and (11) eleven as shown on the recorded of the H.G. Baus Centre -Phase One, recorded March 16, 1995, as document number 9507104 in the Office of the Recorder of St. Joseph County, Indiana. and which has Tax Key Number 18-3042-1621, 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 Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION IL The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of (5) five years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et sec . 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. Bipin Doshi, President, Schafer Gear Works, Inc., 4701 Nimtz Parkway, South Bend, Indiana, made the presentation for this bill. Mr. Doshi advised that Schafer Gear Works plans to purchase and install machinery and equipment for new gear grinding capability to replace business lost, to retain employees, and to add capabilities necessary to secure new business. The equipment consists of a gear grinding machine plus automation and a hob sharpener. There being 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. Councilmember Dieter seconded the motion which carried by a roll call vote of eight (8) ayes. 10 REGULAR MEETING RESOLUTION NO. 3711-07 FEBRUARY 26, 2007 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND IMMEDIATELY WEST OF BRUNO'S PIZZA ON THE SOUTH SIDE OF PRAIRIE AVENUE WEST OF LOCUST ROAD AND EAST OF THE BYPASS AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN-YEAR REAL PROPERTY TAX ABATEMENT FOR PRAIRIE APARTMENTS HOUSING PARTNERS, LP 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 vacant land immediately west of Bruno's Pizza, west of Locust Road and east of the Bypass, South Bend, Indiana, and which is more particularly described as follows: apart of the east half of the northwest quarter of Section 22, T.37 N., R. 2 E., Portage Township and which has Key Number 18-8153-5514, 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 (10) ten 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. 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. 11 REGULAR MEETING FEBRUARY 26. 2007 s/Timothy A. Rouse Member of the Common Council Mr. Bill Hollingsworth, 12873 Tradd St., 3A, Carmel, Indiana, made the presentation on the bill. Mr. Hollingsworth advised that Equal Development intends to construct a total of 208 units, multi-family housing project which contains two-story brick buildings featuring one, two, three, and four bedroom units. Each unit will provide residents with afull-size washer and dryer, exterior storage, patios or balconies, walk-in closets, built-in dishwasher, window blinds, wall-to-wall carpeting, central air, garbage disposal, cable hook-ups, and high-speed Internet access in each unit. Each unit will also have a first floor exterior entrance; garages and carports will be available to residents for a rental rate. The community will feature a large clubhouse with manager's offices, community room, community TV with cable, fitness room, computer room, and a kitchen area. There being 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. Councilmember Dieter seconded the motion which carried by a roll call vote of eight (8) ayes. RESOLUTION NO. 3712-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 211 N. EDDY STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND CLINIC, LLP, SOUTH BEND MAC, L.P. & EDDY PROPERTY DEVELOPMENT, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 211 N. Eddy Street, South Bend, Indiana, and which is more particularly described as follows: PARCEL L Apart of the East Half of the Northeast Quarter of Section 12, Township 37 North, Range 2 East, of the Second Principal Meridian, Portage Township, City of South Bend, St. Joseph County, Indiana, and described as Lots 1 through 14, all inclusive, as shown on the recorded Plat of Christiana Hall's Subdivision, together with 14.00 feet vacated alley lying North/South and East/West as shown on the drawing, more particularly described as follows: Beginning at the intersection of the Northright-of--way line of Colfax Avenue (U.S. Highway 20) with West right-of--way line of Eddy Street, said point being identified by a cross cut in the sidewalk; thence North 89°54'32" West (bearing assumed) along the 12 REGULAR MEETING FEBRUARY 26, 2007 North right-of--way line of Colfax Avenue 388.50 feet (platted 387.00 feet) to a point at the intersection of the North right-of--way line of Colfax Avenue with the East right-of--way line of Frances Street; thence North 00°00'00" East along the East right-of--way line of Frances Street, 410.00 feet to the intersection of the South right-of--way line of LaSalle Avenue with the East right-of--way line of Frances Street; thence South 89°54'32" East along the South right-of--way line of LaSalle Avenue, 388.50 feet (platted 387.00 feet) to the intersection of the South right-of--way line of LaSalle Avenue with the West right-of--way line of Eddy Street; thence South 00°00'00" East along the West right-of--way line of Eddy Street, 410.00 feet to the point of beginning. EXCEPTING THERE FROM THE FOLLOWING: Apart of Lot 10 in Christiana Hall's Subdivision of Large Lot or Block 15 in Samuel L. Cottrell's First Addition to the Town of Lowell, now within and part of the City of South Bend, Indiana, the plat of which is recorded in Plat Book 2, page 66, in the Office of the Recorder of St. Joseph, Indiana, described as follows: Beginning at the Northeast corner of said Lot 10; thence South 0°06'00" West 20.00 feet along the East line of said Lot 10; thence North 36°46'12" West 25.00 feet to the North line of said Lot 10; thence South 89°54'00" East 15.00 feet along said North line to the point of beginning. PARCEL IL Apart of the East Half of the Northeast Quarter of Section 12, Township 37 North, Range 2 East, of the Second Principal Meridian, City of South Bend, Portage Township, St. Joseph County, Indiana, and described as follows: A part of Lot Fourteen (14) in Cottrell's First Addition to the City of South Bend, Indiana, as recorded under Plat Book 1, page 49, dated Apri128, 1854, at the Office of the Recorder, St. Joseph County, Indiana, and described as follows: Beginning at a point 138.00 feet North of the Southeast corner of said Lot 14, said Southeast corner of Lot 14 being at the intersection of the North right-of--way line of Colfax Avenue with the Westerly right-of--way line of Frances Street; thence North 89°54'32" West (bearing assumed), 92.00 feet; thence North 00°00'00" East, 60.00 feet; thence South 89°54'32" East 92.00 feet; thence South 00°00'00" East, 60.00 feet to the point of beginning, TOGETHER WITH the North Half of the vacated alley lying South and adjacent to the parcel described above, and also TOGETHER WITH a part of Lot 14 in Cottrell's First Addition to the City of South Bend, Indiana, and described as follows: Beginning at the Southeast corner of said Lot 14, said point being at the Intersection of the North right-of--way line of Colfax Avenue with the West right-of--way line of Frances Street; thence North 89°54'32" West, 165.00 feet; thence North 00°00'00" East, 128.00 feet; thence South 89°54'32" East, 165.00 feet; thence South 00°00'00" East, 128.00 feet to the point of beginning, TOGETHER WITH the South Half of the vacated alley lying North and adjacent to the second parcel described above; and which has Key Numbers 18-5017- 0494, 18-5016-056101, 18-5016-056102, 18- 5016-0563, 18-5016-0564 and 18-5016-0566, 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: 13 REGULAR MEETING FEBRUARY 26, 2007 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 three (3) 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 sea. 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. Richard Deahl, Attorney at Law, Barnes & Thornburg, 100 N. Michigan Street, Suite 600, South Bend, Indiana, made the presentation for this bill. Mr. Deahl advised that the South Bend Clinic will add a new (3) three-story 104,000 gross square foot building addition connected to the existing 100,000 square foot medical office structure and two separate tiered parking structures -one will be a three (3) story parking structure and the other will be a two (2) story parking structure, all on the main campus of the South Bend Clinic located on Eddy Street. The overall project is critical to accommodate growth in new physicians by the Clinic to serve an increasing patient population. In addition, the project will replace and expand current ambulatory surgical facilities. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councihnember Kelly made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried by a roll call vote of eight (8) ayes. RESOLUTION NO. 3713-07 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 129 NORTH MICHIGAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (6) SIX-YEAR REAL PROPERTY TAX ABATEMENT FOR MHM REALTY, LLC, TRIO'S RESTAURANT 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 MHM Realty, LLC, South Bend, Indiana, and which is more particularly described as follows: North''/z Lot 14 S 28' of E 99' Lot 13 O P South Bend 14 REGULAR MEETING FEBRUARY 26, 2007 and which has Key Number 18-1002-0073 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: 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. 15 REGULAR MEETING FEBRUARY 26, 2007 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 (6) six 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 Member of the Common Council Mr. Herbert L. Wilson, 2510 Twixwood Lane, South Bend, Indiana, made the presentation for this bill. Mr. Wilson advised that MHM Realty proposes to rehabilitate the property located at 129 North Michigan Street which has been vacant for more than six (6) years. The project will convert 8,100 square feet of the first floor space to a restaurant, jazz club, and banquet/private meeting space. The mezzanine area will remain office space. The basement will be used for a prep kitchen, inventory storage, and employee changing rooms. Extensive upgrades to the roof, HVAC, electrical, and plumbing systems will occur. The rehabilitation costs for the project are estimated at $586,087. It is estimated that the total project will create four (4) new, permanent, full-time jobs and twenty-eight (28) part-time, permanent jobs within the first year representing a new annual payroll of $489,232. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried by a roll call vote of eight (8) ayes. BILLS, FIRST READING There were no bills for first reading at this time. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION: It is noted that the council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on February 20, 2007: BILL NO. 4-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3811 16 REGULAR MEETING FEBRUARY 26, 2007 LOCUST ROAD, COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on March 12, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 3-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3111 CORBY BLVD., COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on March 12, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. NFW RTT4TNF44 Councilmember Ann Puzzello stated that she attended the Botanical Society of South Bend Meeting. She advised that they are currently underway with their Annual Flower Sale supporting the Potawatomi Conservatories and Greenhouses. Flats are $10.00 each, Hanging Baskets are $15.00. The deadline to order is Monday, March 26, 2007 and orders need to be picked up between 11:00 a.m. - 3:00 p.m. on Saturday, May 5, 2007. Councilmember Kelly stated that he attended the Area Plan Commission meeting and a report is on file in the Office of the City Clerk and copies have been distributed to the Council. Councilmember Rouse advised that there is a meeting concerning the 2% Circuit Breaker on Monday, March 5, 2007 at 4:00 p.m. in the Office of the St. Joseph County Commissioners. He encourage everyone to attend. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 7:40 p.m. ATTEST: ATTEST: John Voorde, City Clerk Timothy A. Rouse, President 17