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HomeMy WebLinkAbout08-28-06 Council Meeting Minutes REGULAR MEETING AUGUST 28, 2006 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, August 28, 2006 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 1st District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Vice-President Ann Puzzello 4th District David Varner 5th District Ervin Kuspa 6th District Al “Buddy” Kirsits At-Large Timothy Rouse At-Large President Karen L. White At-Large Chairperson Committee of the Whole OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. 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 August 14, 2006, 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 July 24, 2006, meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS There was no Special Business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m., Councilmember Pfeifer 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 Kelly, presiding. Councilmember Kelly explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 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. 1 REGULAR MEETING AUGUST 28, 2006 PUBLIC HEARINGS BILL NO. 46-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 2, RESIDENTIAL DISTRICTS AND ARTICLE 7, GENERAL REGULATIONS TO CLARIFY PARKING IN RESIDENTIAL ZONING Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and the petitioner asked for the bill to be continued until the September 25, 2006 meeting of the Council. Councilmember Puzzello made a motion to continue this bill until the September 25, 2006 meeting of the Council and refer it back to the Zoning & Annexation Committee. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Dieter made a motion to rise and report to the full Council. Councilmember Varner 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 7:07 p.m. Council President Rouse presided with nine (9) members presents BILLS – THIRD READING There were no bills for Third Reading at this time. RESOLUTIONS RESOLUTION NO. 3627-06 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 2720 MISHAWAKA AVE., 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 2 REGULAR MEETING AUGUST 28, 2006 Whereas, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes it recommendation to the Council pursuant to I.C. 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 I. 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 a Special Exception be granted for the property located at: 2720 Mishawaka, Ave., South Bend, Indiana, 46615 In order to permit a Fraternal Organization in a Mixed use zone. Section II. 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 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. Timothy A. Rouse Member of the Common Council Mr. Donald Fozo, Building Commissioner, St. Joseph County, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Fozo stated that the petitioners, Turner of Michiana are seeking a Special Exception to allow a fraternal organization in a “MU” Mixed Use District. Mr. Fozo further advised that the Board of Zoning Appeals held a public hearing on July 20, 2006, and sends it to the Common Council with a favorable recommendation. Mr. William McLochlin, Director of Finance, Turners of Michiana, made the presentation for this bill. 3 REGULAR MEETING AUGUST 28, 2006 Mr. McLochlin advised that Turners of Michiana is a small fraternal organization with a membership of 47. He stated that they are a family oriented club providing social, cultural and athletic opportunities to its members, both young and old. Turners has been a member of this community since its founding, and first club opened back in 1861. The first club was located on North Michigan Street and remained there until the property was taken by condemnation by the City. The club then moved to the corner of Ironwood and the Toll Road, and resided there until financial ruin closed the club. The club is trying to make a come back since that facility closed. Mr. Mc Lochlin stated that it is because of one of their members, Mr. Ron Pavek, who owns the property in question, that Turners of Michiana has been given a second chance. He further advised that they will be making no physical changes to the property or building and the proposed use will be consistent with the character of the district in which it is located. Mr. McLochlin agreed that he would record the Board of Zoning Appeals conditions, noting that parking is required at a ratio of one (1) space for five (5) members and therefore the total membership at this location could not be greater than eighty (80) members. If membership exceeds this amount they would be required to move. Mr. McLochlin further agreed that if the property is sold or rented to another fraternal organization in the future that they would have to come before the Common Council for a special exception resolution. 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 Kelly made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3628-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 128 SOUTH MICHIGAN STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND CHOCOLATE COMPANY 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 128 South Michigan Street, South Bend, Indiana, and which is more particularly described as follows: Parcel 1: The North Half of Lot Numbered Forty-two (42) and a strip of land in width, North and South, taken off of and from the entire length of the South side of a Lot Numbered Forty-three (43) in the Town of South Bend, being a part of the Northwest Fractional Quarter of Section 12, and the Southwest Fractional Quarter of Section 1 all in Township 37 North, Range 2 East of the Second Principal Meridian according to the plat thereof recorded March 28, 1831, in Deed Record A, page 13, in St. Joseph County, Indiana. Parcel II: A part of Lot Numbered Forty-three (43) as shown on the Original Plat of the Town, now City of South Bend, which part is bounded by a line running as follows: Beginning on the East line of the South Michigan Street in said City, at a point 3 feet North of the Southwest corner of said Lot Numbered 43; thence running North on said East line of South Michigan Street, a distance of 18 feet; thence East 165 feet to the East line of said lot; thence South on said East line 18 feet; thence West 165 feet to the place of beginning. 4 REGULAR MEETING AUGUST 28, 2006 Parcel III: Beginning 21 feet North of the Southwest corner of Lot Numbered Forty-three (43) in the Original Plat of the Town now City of South Bend; thence North 18 ½ feet; thence East to the East line of said Lot Numbered Forty-three (43); thence South 18 ½ feet; thence West to the place of beginning. and which has Key Numbers 18-3001-0014; 18-3001-0015; and 18-3001-0016, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and t he 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 I. 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 II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (5) five 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. s/Timothy A. Rouse Member of the Common Council Mr. Robert Radde, 52175 Carriage Hills Drive, South Bend, Indiana, made the presentation for this bill on behalf of Mark Tarner, the owner of the South Bend Chocolate Co. Mr. Radde advised that The South Bend Chocolate Company is planning the development of a new retail store called the South Bend Candy, Card & Convenience Store, along with expansion of the existing café and restaurant. A family area called the Play Café will include the installation of a high-tech video infrared computer game system and state-of-the-art signage and displays. This retail development will connect with the Gridiron Row building and allow for expansion of both the chocolate café and the restaurant space. The Chocolate Café and the restaurant would occupy the smaller building adjacent to their current locations. Additional space will be rented to other retail stores. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 5 REGULAR MEETING AUGUST 28, 2006 RESOLUTION NO. 3629-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 907 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GERALDINE MEEHAN AND CYRIL O’REGAN 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 (ADDRESS), South Bend, Indiana, and which is more particularly described as follows: That part of the West half of the Northeast quarter of Section 1, Township 37 North, Range 2 East, St. Joseph County, Indiana, which is known as Lot B of the Plat of Sorin’s ndrd 2 Addition, 3 Replat as recorded April 18, 2006, as Document No. 0614319 in the Office of the Recorder of St. Joseph County , and this property has Tax Key Number 18-5107-3788be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 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 6 REGULAR MEETING AUGUST 28, 2006 E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Ms. Geraldine Meehan, 52020 Brenden Hills Drive, Granger, Indiana, made the presentation for this bill. Ms. Meehan advised that she and Cyril O’Regan plan to construct a 2,200 square foot, four-bedroom, three bath, two story residential home with a front porch and a two-car garage. The construction of this home will help to anchor the area of North Notre Dame between Howard Street and Corby Avenue, and will serve as the primary residence for a family of three. 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 Kelly 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. 7 REGULAR MEETING AUGUST 28, 2006 RESOLUTION NO. 3630-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 202 SOUTH DUNDEE STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CHARLOTTE BRIDGES 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 (ADDRESS), South Bend, Indiana, and which is more particularly described as follows: Parts of the NW Quarter of Section 10, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, LaSalle Park, Lots 103 and 104. , and this property has Tax Key Number 18-4056-2048 and 18-4056-2050be 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 I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 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 8 REGULAR MEETING AUGUST 28, 2006 F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after r its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Ms. Charlotte Bridges, 222 S. Dundee, South Bend, Indiana, made the presentation for this bill. Ms. Bridges advised that she plans to construct a 2,500 square foot, three-bedroom, two- bath, ranch style frame home with brick trim on the lower portion of the home, along with a two-car garage and a basement. The home will be constructed on an infill lot. The price of the home will be $80,000. 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 Kelly 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. 9 REGULAR MEETING AUGUST 28, 2006 RESOLUTION NO. 3631-06 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 3605 WEST CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL MOGUL POWERTRAIN, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3605 West Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, Range 2 East, nd 2 P.M., St. Joseph County, Indiana, and more particularly described as follows: Beginning at a point on the East-West Half section line of said East Half North 88 degrees 53 minutes 36 second East 915.58 feet from the center of said Section 21; thence North 0 degrees 56 minutes 57 seconds West 338.80 feet; thence North 88 degrees 53 minutes 36 seconds East, parallel with the East-West half section line of said Section, 800.00 feet; thence South 0 degrees 56 minutes 57 seconds East 1726.13 feet; thence northwesterly 550.14 feet along an arc to the right having a radius of 4463.66 feet and subtended by a long chord having a bearing of North 54 degrees 36 minutes 59 seconds West and a distance of 549.80 feet; thence North 51 degrees 05 minutes 08 seconds West 465.22 feet; thence North 0 degrees 56 minutes 57 seconds West 761.20 feet to the East- West half section line of said East half the point of beginning, and containing 26.203 acres, more or less and which has Key Number 25-1013-0218 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; 10 REGULAR MEETING AUGUST 28, 2006 d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Roland Kelly, 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. Ed Fain, Plant Manager, Federal-Mogul Powertrain, Inc., 3605 W. Cleveland Road, South Bend, Indiana made the presentation for this bill. Mr. Fain advised that Federal Mogul is a manufacturer of automotive pistons. Customers include most of the major foreign and domestic automotive manufacturers. Operations in South Bend began in 1987. The project will invest $4,779,000 in new manufacturing equipment which will be acquired and installed under four categories: a new assembly cell line – Chrysler 4.7L (the Daimler Chrysler 4.7L is new business for Federal Mogul); productivity improvement and safety; research and development; and information technology. It is estimated that the total project will not create any new, permanent, full- time jobs; however because the Daimler Chrysler 4.7L is new business for the facility, it will provide continued employment for approximately 60 full-time employees when the product is at full volume in 2008. The project will maintain 445 existing, permanent full- time jobs representing an annual payroll of $19,373,000. 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 Kelly 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. 11 REGULAR MEETING AUGUST 28, 2006 RESOLUTION NO. 3632-06 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 1401 SOUTH MAIN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (3) THREE YEAR REAL PROPERTY TAX ABATEMENT FOR BLK, LLC D/B/A OLD FORT BUILDING SUPPLY WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as a vacant lot located adjacent to 1401 South Main Street, South Bend, Indiana, and which is more particularly described as follows: Lots Numbered Twelve (12), Thirteen (13), Fourteen (14), and Fifteen (15) as shown on the recorded plat of Samuel C. Stull’s First Addition to the City of South Bend, excepting there from Fifty (50) feet taken off of and from the entire east side of said lots. and which has Key Number 18-8004-0166 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and 12 REGULAR MEETING AUGUST 28, 2006 F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period (3) three 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. The Common Council hereby determines that should the Company receive the Enterprise Zone Investment Deduction under I.C. 6-1.1-45 for the same property, this Tax Abatement designation shall become null and void. The Company may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6-1.1-45 for the same property. SECTION IX. 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 Kelly made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly, 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. William L. Jagger, Vice President, Old Fort Building Supply, Inc., 1401 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Jagger advised that Old Fort Building Supply is a major supplier of construction materials to the Michiana area. The main product lines are brick, architectural block, stone, landscaping pavers, drywall, acoustical ceilings and related products. The company plans to renovate a city-owned, vacant lot into a paved and fenced outdoor storage yard for masonry products. The additional storage is Phase I of a four-phase expansion plan at Old Fort. The estimated cost of the addition is $200,000. The project 13 REGULAR MEETING AUGUST 28, 2006 will created two (2) new, permanent, full time jobs representing a new annual payroll of $60,000. The project will also maintain (19) nineteen existing, permanent, full-time jobs and (1) one existing, permanent, part-time job representing an annual payroll of $830,000. 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 Kelly made a motion to adopt this Resolution as substituted. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3633-06 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 1810, 1818, 1826, 1834, 1844, 1852, 1860, AND 1868 OVERLOOK COURT AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ULLERY DEVELOPMENT LLC. WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 1810, 1818, 1826, 1834, 1844, 1852, 1860, and 1868 Overlook Court, South Bend, Indiana, and which is more particularly described as follows: A part of the Northeast Quarter of Section 30, Township 37 North, Range 3 East, Centre Township, City of South Bend, St. Joseph County, Indiana, and being more particularly described as follows: commencing at the southeast corner of the Northeast Quarter of Section 30, thence North 00°04’24” West along the east line of said Northeast Quarter, a distance of 1312.53 feet; thence South 89°51’10” West, a distance of 646.22 feet to the point of beginning for this description; thence South 89°51’10” West, a distance of 509.05 feet to a corner on a North line of Lot 68 as the same is shown and designated on the plat of Ireland Woods Subdivision Section Two, Part One as the same is shown and designated on the plat thereof recorded in the office of the Recorder of St. Joseph County, Indiana, as Instrument No. 7916183; thence North 0°04’17” West, along a boundary line of said Lot 68, a distance of 20.00 feet; thence South 89°51’10” West, along a North line of said Lot 68, a distance of 35.00 feet to the Southeast corner of Lot 67 in said plat of Ireland Woods; thence North 0°09’29” West, along the East line of said Lot 67 and the East line of the plat of said Ireland Woods, Section Two, Part One, a distance of 127.60 feet; thence North 89°51’10” East, a distance of 373.96 feet; thence North 65°25’27” East, a distance of 187.14 feet; thence South 00°04’17” East, a distance of 224.99 feet to the place of beginning containing 1.98 acres more or less and this property has Tax Key Numbers 18-1040-2232.09, 18-1040-2232.10, 18-1040- 2232.11, 18-1040-2232.12, 18-1040-2232.13, 18-1040-2232.14, 18-1040-2232.15, and , 18-1040-2232.16be 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 14 REGULAR MEETING AUGUST 28, 2006 under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 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. 15 REGULAR MEETING AUGUST 28, 2006 SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kelly, 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. Bernard Feeney, Registered Land Surveyor, Lang, Feeney & Associates, Inc., 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the owners Ullery Development, LLC. Mr. Feeney advised that Ullery Development intends to construct (8) eight, new, single- family homes on 1.98 acres of land on urban infill lots. The homes will consist of two or three bedrooms and two baths, ranging in size from 1,463 to 1,906 square feet with eight- foot basement walls, a 23’ x 24 foot attached garage, covered patio, optional fireplaces, and vinyl siding with stone and/or brick accents. Stove, dishwasher, microwave, and garbage disposal are included. Each home will be built on a minimum 66’ x 138 foot lot which will have sod, sprinklers, and landscaping. The estimated price of each home will be between $190,000 to $300,000. The average price of each home is $243,750. 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 Puzzello made a motion to adopt this Resolution as substituted. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 16 REGULAR MEETING AUGUST 28, 2006 BILLS, FIRST READING BILL NO. 54-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $10,000.00 OF RESERVE FUNDS RECEIVED FROM THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) WITHIN HUMAN RIGHTS FUND #258 FOR THE PURCHASE OF A NEW COLOR COPIER/PRINTER 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 September 11, 2006. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 55-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007 AND ENDING DECEMBER 31, 2007, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Councilmember Puzzello made motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing on September 11, 2006 and Third Reading and continue in the Council Portion on September 25, 2006. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 56-06 FIRST READING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2007, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Councilmember Puzzello made motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing on September 11, 2006 and Third Reading and continue in the Council Portion on September 25, 2006. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 57-06 FIRST READING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2007 17 REGULAR MEETING AUGUST 28, 2006 This bill had first reading. Councilmember Pfeifer made motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing on September 11, 2006 and Third Reading and continue in the Council Portion on September 25, 2006. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 58-06 FIRST READING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2007 This bill had first reading. Councilmember Dieter made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on September 11, 2006. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 59-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY CLERK FOR CALENDAR YEAR 2007 This bill had first reading. Councilmember Dieter made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on October 9, 2006. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS Councilmember Varner asked John Voorde, City Clerk to research Mayor and Clerk Salaries and collect a summary of information regarding those salaries. REPORT FROM THE 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 Pubic Hearing held on August 15, 2006: BILL NO. 40-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED TO THE SOUTHWEST OF 1424 SLATER DRIVE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to accept the substitute bill as on file in the Office of the City Clerk. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, 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 September 11, 2006. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS 18 REGULAR MEETING AUGUST 28, 2006 Councilmember Rouse stated that he is the Council’s representative to the St. Joseph County Waste Management Board. He noted that the Board met last week to discuss the budget for 2007. Councilmember Pfeifer noted that ground breaking for the new Fire Station #2 to be located on Martin Luther King, Jr. Drive, was well attended. Councilmember Rouse noted that he and Councilmember Puzzello attended the ground breaking for the Boy Scout’s Headquarters on South Bend Avenue. 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 19