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HomeMy WebLinkAbout04-25-05 Council Meeting Minutes REGULAR MEETING APRIL 25,2005 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, April 25, 2005 at 7:00 p.m. The meeting was called to order by Council President Charlotte D. Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Derek D. Dieter 1 District nd Charlotte Pfeifer 2 District President rd Roland Kelly 3 District Chairperson, Committee of the Whole th Ann Puzzello 4 District th David Varner 5 District th Ervin Kuspa 6 District Timothy Rouse At-Large Karen L. White At-Large Vice-President Al “Buddy” Kirsits At-Large OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the April 11, 2005, meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Charlotte D. Pfeifer s/David Varner Councilmember Kelly made a motion that the minutes of the April 11, 2005, meeting of the Council be accepted and placed on file. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS REAPPOINTMENT TO THE CENTURY CENTER BOARD OF MANAGERS President Pfeifer announced the reappointment of Mr. Anthony Douglas, Mr. Ken Herczeg and Councilmember Roland Kelly to the Century Center Board of Managers. REGULAR MEETING APRIL 25,2005 APPOINTMENT TO THE TRANSPO BOARD President Pfeifer announced the appointment of Mr. Jack Smith to the Transpo Board RESOLUTION NO. 3445-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE 2004-2005 UNIVERSITY OF NOTRE DAME FENCING TEAM FOR WINNING THE NCAA COMBINED FENCING NATIONAL TITLE Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that the University of Notre Dame 2004-2005 Fencing Team won the NCAA th Combined Fencing National Title on March 20, 2005; to win the fencing program’s 7 national title; and Whereas, the Council notes that the University of Notre Dame Fencing Team qualified 11 of the maximum 12 total entrants in the 4-day event, with this team being the st 1 fencing program ever to win the NCAA title without the full allotment of fencers when they beat the Buckeyes of the Ohio State University Fencing Team 173-171, in the final rounds of the fencing bouts; and Whereas, the South Bend Common Council recognizes each of the players and coaches of the gold-medal NCAA University of Notre Dame Championship Fencing Team, namely: Aaron Adjemian, Epee Patrick Ghattas, Sabre Diego Quinonez, Foil Andrea Ament, Foil Jack Goetz, Foil Monica Real, Foil Melanie Bautista, Foil Joseph Hagmann, Epee Paul Reyes, Foil Frank Bontempo, Foil Greg Howard, Epee Anna Rodriguez, Epee Ryan Bradley, Sabre Erin Housing, Sabre Alex Schumacher, Sabre Craig Brede, Epee Jakub Jedrkowiak, Foil Michal Sobieraj, Epee Natalie Bustamante, Epee Alicja Kryczalo, Foil Matthew Stearns, Sabre Chris Castellan, Epee Jesse Laeuchli, Epee Natalie Tenner, Sabre Rebecca Chimahusky, Epee Arthur Lam, Foil Angela Vincent, Sabre Marielle Connor, Epee Jocelyn Landgraf, Epee Colleen Walsh, Foil Rachel Cota, Foil Jason Laws, Sabre Kerry Walton, Epee Danielle Davis, Sabre Johannes Masserer, Foil Mariel Zagunis, Sabre Nicolas Diacou, Sabre Thomas McNally, Epee Andrew Zodda, Foil Matt Doherty, Sabre Tiffany Muller, Foil Patrick Donnelly, Foil Eamon Murphy, Foil John Espinosa, Sabre Amy Orlando, Epee Patrick Gettings, Epee Valerie Providenza, Sabre Janusz Bednarski, Head Coach Zoltan Dudas, Assistant Coach REGULAR MEETING APRIL 25,2005 Andrzej Bednarski, Coach North Carey, Coach Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby congratulates each and every member of the University of Notre Dame 2004-2005 Fencing Team for winning the NCAA Combined Fencing National Title Section II. The South Bend Common Council believes that the hard-work, discipline, dedication, and special talents in using the epee, foil and saber as a member of , the University of Notre Dame 2004-2005 Fencing Team has enabled each of these individuals to be an excellent role model in the classrooms and in fencing tournaments; with each team member bringing the highest of honors to themselves, their family and friends, the University of Notre Dame and all of the residents of the City of South Bend, Indiana. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/KathleenCekanski-Farrand,Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Timothy Rouse, 605 N. Cherry Tree Lane, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to the members of the Notre Dame Fencing Team. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Janusz Bednarski, Head Coach, Notre Dame Fencing Team thanked the Council for this honor. Coach Bednarski stated that this team shows discipline, dedication, and many REGULAR MEETING APRIL 25,2005 hours of hard-work each day. Additionally, his first trip to South Bend was in 1979 to coach a junior fencing team and stated that South Bend is such a great place to be. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLUTION NO. 3446-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE 2005 ST. JOSEPH’S HIGH SCHOOL CHEERLEADING SQUAD FOR WINNING THE AMERICAN CHALLENGE VARSITY COED NATIONAL CHAMPIONSHIP Whereas, the Common Council of the City of South Bend, Indiana, is very proud to publicly recognize the St. Joseph’s High School Cheerleading Squadfor recently winning the 2005 American Challenge Varsity Coed National Championship in Indianapolis, Indiana; and Whereas, the Council notes that as a result of winning this championship, the St. Joseph’s High School Cheerleading Squad may have the unforgettable experience of performing at the National Football League’s Pro Bowl in Hawaii ; and Whereas, the South Bend Common Council hereby recognizes each of the members and coach of the 2005 Championship St. Joseph’s High School Cheerleading Squad, namely: Jessica Collins, a senior Emily Allison, a sophomore Samantha Hoffman, a seniorCourtney Leader, a sophomore Erin Horvath, a senior Anna Canul, a freshman Brittney Mooney, a senior Liz Cruz, a freshman Justine Spychalski, a senior Courtney Dahms, a freshman Beth Campbell, a junior Lauren Hickey, a freshman Jackie Canul, a junior Angela Jasinski, a freshman Maggie Jones, a junior Jill Meert, a freshman Earl Wigfall, a junior Rhonda Mooney, Team Coach Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby congratulates each and every member of the St. Joseph’s High REGULAR MEETING APRIL 25,2005 School Cheerleading Squadfor winning the 2005 American Challenge Varsity Coed National Championship in Indianapolis, Indiana. Section II. The South Bend Common Council believes that the hard-work, discipline, dedication, and team spirit of each member of the 2005 St. Joseph’s High School Cheerleading Squad for their success in routines featuring music, dance, stunts, and cheers which has enabled each cheerleader to be an excellent role model first in the classroom, and then in their cheerleading programs; and that each of the members of the 2005 St. Joseph’s High School Cheerleading Squad has brought the highest of honors to themselves, their family and friends, St. Joseph High School and all of the residents of the City of South Bend, Indiana. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/KathleenCekanski-Farrand,Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmembers Derek D. Dieter, 1135 Portage, South Bend, Indiana, and Al “Buddy” Kirsits, 722 Marquette Avenue, South Bend, Indiana, made the presentation for this Resolution by first offering their comments and then reading the Resolution in its entirety and presenting it to the members of the St. Joseph High School Cheerleading Squad. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. REGULAR MEETING APRIL 25,2005 RESOLUTION NO. 3447-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AS AMENDED AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (WAGGONER’S DAIRY FARM, INC. ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution, and; WHEREAS, the territory proposed to be annexed encompasses approximately 274.89 acres of land containing one single family residence, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 18.6% contiguous, generally located at the southwest and southeast intersection of Adams Road and the St. Joseph Valley Parkway. It is anticipated that the annexation area will be developed as a Planned Unit Development District, and it is proposed for rezoning within the City as Planned Unit Development District ("PUD") upon incorporation into the City limits and Common Council approval. This use will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, a storm water system and drainage plan; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, police and fire protection, and other non-capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date REGULAR MEETING APRIL 25,2005 of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved the written fiscal plan as amended and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in German Township, St. Joseph County, Indiana, be annexed to the City of South Bend: A PART OF THE NORTH HALF OF SECTION 17 AND SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST AND A PART OF FRACTIONAL SECTION 7 AND FRACTIONAL SECTION 8, TOWNSHIP 38 NORTH, RANGE 2 EAST, ALL IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 12 IN CHEROKEE GARDENS SUBDIVISION RECORDED IN PLAT BOOK 16, PAGE C-2, IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY; THENCE SOUTH 0 DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 1370.15 FEET TO THE SOUTHWEST CORNER OF LOT 3 IN CHURCH’S MINOR SUBDIVISION, RECORDED UNDER INSTRUMENT NUMBER 0038244 IN SAID OFFICE OF RECORDER; THENCE NORTH 89 DEGREES 50 MINUTES 53 SECONDS WEST ALONG THE SOUTH LINE OF SAID CHURCH’S MINOR SUBDIVISION, PROJECTED, A DISTANCE OF 20.00 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH SAID EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 531.84 FEET TO A POINT ON THE NORTH LINE OF J. LIGHTNER MINOR SUBDIVISION, RECORDED UNDER INSTRUMENT NUMBER 9620477; THENCE SOUTH 89 DEGREES 52 MINUTES 17 SECONDS EAST ALONG THE NORTH LINE OF SAID J. LIGHTNER MINOR SUBDIVISION, A DISTANCE OF 20.00 FEET TO THE NORTHWEST CORNER OF LOT 1 IN SAID J. LIGHTNER MINOR SUBDIVISION; REGULAR MEETING APRIL 25,2005 THENCE SOUTH 0 DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 133.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1 IN J. LIGHTNER MINOR SUBDIVISION; THENCE NORTH 89 DEGREES 52 MINUTES 17 SECONDS WEST ALONG THE SOUTH LINE OF SAID J. LIGHTNER MINOR SUBDIVISION, A DISTANCE OF 20.00 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 665.38 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER, PROJECTED; THENCE NORTH 89 DEGREES 57 MINUTES 13 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 2624.21 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 53 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 1550.70 FEET TO THE WESTERLY RIGHT OF WAY LINE OF THE ST. JOSEPH VALLEY PARKWAY; THENCE NORTH 24 DEGREES 26 MINUTES 22 SECONDS EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 28.99 FEET; THENCE NORTH 17 DEGREES 36 MINUTES 26 SECONDS EAST ALONG SAID WESTERLY RIGHT- OF-WAY LINE AND THE EAST BOUNDARY OF ROLLING OAKS COUNTRY ESTATES, SECTION FIVE AS RECORDED UNDER INSTRUMENT NUMBER 8020539 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 725.74 FEET; THENCE NORTH 00 DEGREES 06 MINUTES 46 SECONDS EAST CONTINUING ALONG SAID EAST BOUNDARY, A DISTANCE OF 86.13 FEET TO THE SOUTHEAST CORNER OF LOT 1 IN ROLLING OAKS COUNTRY ESTATE MINOR SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 9505754 IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING NORTH 00 DEGREES 06 MINUTES 46 SECONDS EAST, A DISTANCE OF 526.46 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, LYING ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 18; THENCE NORTH 89 DEGREES 53 MINUTES 14 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 854.23 FEET TO THE SOUTHEAST CORNER OF LOT 4 IN KERTES’ MINOR SUBDIVISION AS RECORDED IN PLAT BOOK 23, PAGE K-4 IN THE OFFICE OF SAID RECORDER; THENCE NORTH 00 DEGREES 00 MINUTES 57 SECONDS EAST ALONG THE EAST BOUNDARY OF SAID KERTES’ MINOR SUBDIVISION AND THE EAST BOUNDARY OF A PARCEL DESCRIBED UNDER A WARRANTY DEED AS RECORDED IN BOOK 637 PAGE 434 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 1351.13 FEET TO THE NORTH RIGHT-OF-WAY REGULAR MEETING APRIL 25,2005 LINE OF ADAMS ROAD; THENCE SOUTH 89 DEGREES 52 MINUTES 58 SECONDS EAST ALONG SAID NORTH RIGHT-OF- WAY LINE AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 639.23 FEET TO A POINT ON A RIGHT-OF-WAY TAKING FOR THE ST. JOSEPH VALLEY PARKWAY; THENCE THE NEXT 3 CALLS ALL ALONG SAID RIGHT-OF-WAY TAKE: 1) NORTH 83 DEGREES 34 MINUTES 45 SECONDS EAST, A DISTANCE OF 873.21 FEET, 2) SOUTH 87 DEGREES 55 MINUTES 00 SECONDS EAST, A DISTANCE OF 336.27 FEET, 3) SOUTH 84 DEGREES 29 MINUTES 13 SECONDS EAST, A DISTANCE OF 930.73 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ADAMS ROAD; THENCE SOUTH 89 DEGREES 55 MINUTES 03 SECONDS EAST PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 190.73 FEET; THENCE NORTH 0 DEGREES 04 MINUTES 57 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE SOUTHWEST CORNER OF LOT 1 IN CHEROKEE GARDENS SUBDIVISION, RECORDED IN PLAT BOOK 16, PAGE C-2, IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY; THENCE SOUTH 89 DEGREES 55 MINUTES 03 SECONDS EAST ALONG THE SOUTH LINE OF SAID CHEROKEE GARDENS SUBDIVISION EXTENDED, AND PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1844.50 FEET TO THE POINT OF BEGINNING. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non-capital nature, such as police and fire protection, street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as street and road construction, street lighting, a sanitary sewer extension, a water distribution system, a storm water system, and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt The Fiscal Plan as amended and as set forth in Exhibit "A", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides, among other things, that an existing water main line should be sufficient to service this area; that adequate sewer service is presently available with upgrade of the lift station and some sections of the sewer main; that street lighting will be provided; that new public streets will be required to access the REGULAR MEETING APRIL 25,2005 lots proposed for development with costs to be paid by the developer; and that the developer will pay the costs of an approved drainage plan which will be required in the annexation area. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Attest: s/John Voorde City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2, at o'clock . m. s/John Voorde City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. s/Stephen J. Luecke Mayor, City of South Bend, Indiana Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. th Mr. Larry Magliozzi, Assistant Director, Community and Economic Development, 12 Floor County-City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi advised that this bill proposes to voluntarily annex contiguous territory in German Township to the City of South Bend. The written plan and policy provides provision of services, both capital and non-capital in nature, to the territory to be annexed. The annexation is a 274.89 acre parcel on both the west and east sides of the St. REGULAR MEETING APRIL 25,2005 Joseph Valley Parkway, south side of Adams Road. A Public Hearing was held on the Resolution at this time. The following individual spoke in favor of this bill. Ms. Donna Chamblee, 51194 Enchanted Oak Court, South Bend, Indiana, spoke in favor of this resolution. Ms. Chamblee informed the Council that her husband is Dr. Roland Chamblee, County Health Officer for St. Joseph County are residents of German Township, she for over 35 years. She informed the Council that her son, now a college freshman, who at the age of three (3) had a dental accident, while not life threatening, was very bloody. Oddly enough it happened on a Notre Dame home game Saturday, the only way she could get medical attention for him was to go all the way to Grape Road in Mishawaka, with all the traffic and road blocks for the game day traffic to the pediatric dentist’s office. If that same accident would happen today, we still would still be in the same boat and have to fight all that traffic to receive those same services. With this proposed plan and annexation these medical services are to be part of this planned area. She was pleased that this plan was thought through enough to be using City sewer and water, unlike most development in the County that still uses a well and septic, that are now causing a lot of problems. The forward thinking that is occurring here and the growth of the City is inevitable. The only direction to expand is north and west and most residents remember when the fire hydrants were installed. It was not because there were an abundance of extra pipe and fire hydrants laying around, it was because it was being planned for expansion. Planned development as opposed to random development is the better way to go, using a model that has been proven to be successful in other communities. Ms. Chamblee further noted that she and her husband are both in favor of the annexation as well as the project. Kathleen Cekanski-Farrand, Council Attorney informed the Council that with regard to the guidelines that the Council uses for Fiscal Plans, the Fiscal Plan is to represent a creditable commitment by the City to provide proposed services to the annexed area as highlighted by Mr. Magliozzi, Community and Economic Development Department, with regard to both capital and non-capital services. The City of South Bend has the burden of proving that the annexation would be in best interest of the owners of the land in the territory proposed to be annexed into the city. Cost estimates of the plans services are detailed in the report and those may be addressed. Remarks are then to address whether the City has established a definite policy for the territory sought to be annexed into the City. Issues with regard to the annexation itself and also the rezoning should be held for the public portion of the annexation bill, which is in the Committee of the Whole, Chaired by Councilmember Kelly. The following individual spoke in opposition of this bill. Mr. Donald Brubaker, 1706 Anderson, South Bend, Indiana, informed the Council that by the developer’s own admission and one of the things that he noted at the end of the developer’s presentation in rebuttal was that sites in South Bend were undesirable. Mr. REGULAR MEETING APRIL 25,2005 Brubaker further noted his concerns with a project of this size that there might be ground water contamination. Councilmember Dieter made a motion to adopt this Resolution. Councilmember Puzzello seconded the motion which carried by a roll call vote of nine (9) ayes. th COUNCIL DISTRICT UPDATES 4 DISTRICT COUNCILMEMBER ANN PUZZELLO th Councilmember Puzzello informed the Council that the 4 District is very busy with work still in the planning stages, as well as projects happening now or this summer. The Northeast Neighborhood has many projects coming up, especially since it was designated a redevelopment area this past year. The NNRO (Northeast Neighborhood Revitalization Area) in partnership with the City, has begun buying homes in the Burns, Duey, Georgiana triangle area off highway 23 are all being bought, to be demolished so that new upgraded homes can be built. The NNRO has been busy during the past several years building and renovating homes in the Northeast neighborhood. Notre Dame has plans to finish demolishing Logan Center when the New building is finished on Jefferson Blvd., where the Osteopathic Hospital used to be. Commercial projects are being planned for that area off Eddy and Napoleon Streets. Townshouses are planned for the corridor from Napoleon to highway 23 on Eddy. The changes in what has been referred to as the 5 corners are still several years off, but they are so extensive that the maps showing the intersection changing from 3 streets to 2 have been updated several times. INDOT will develop the new improved highway 23 and Eddy Streets. Houses and businesses will have to be demolished to make the changes possible. Frederickson Park is finally a reality, after almost 20 years of city ownership. It is a beautiful mix of lovely wild flowers and plants and animals that live naturally in that environment. It is used by the schools and all who wish to study nature. Modern techniques are wonderful, taking this land from a dump area to a garden. LaSalle and Colfax with Eddy intersections will have upgrades on their street lights with the addition of turn left arrows which are much needed. Lots of accidents have happened here. The work will start soon. Intersections at Jefferson and McKinley at Ironwood will get new improved signals as well as improved approaches to the intersections on Ironwood. The signal changes are needed, but the citizens living near McKinley and Ironwood do not want the amount of street widening proposed by INDOT which would cut deeply into their lawns. This has led to a new neighborhood group and a proposed change of plans by the city to INDOT. Neighbors’ working together is a good thing. The St. Joseph Medical Center has, unfortunately, decided to leave South Bend but the move is several years in the future. They are installing a heliport at their present facility to handle the transporting of patients to other hospitals. The neighborhood accepted this REGULAR MEETING APRIL 25,2005 intrusive addition because of the careful planning by St. Joe for minimal effect on the neighborhood and the knowledge of need for the heliport. Madison Center is in the process of building a clubhouse on Niles and Cresent Streets. It is being built into the hill there and the Sunshine Club members will use and enjoy it. There has been a lot of demolition of old buildings along Hill Street between Madison and South Bend, Avenue to make way for new business. The Robinson Learning Center passed their 3 year anniversary in the Northeast Neighborhood this past year. When it was built by Notre Dame, they only promised a 3 year funding. The continued funding and neighborhood help interest by Notre Dame is greatly appreciated by the neighborhood. My district remains the lovely, mostly residential area on the Northeast Side of South Bend. The citizens are well informed and quick to expect information on purposed changes. It’s a great place to live and I love being part of it. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:41 p.m., Councilmember Dieter made a motion to resolve into the Committee of the Whole. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner, Chairperson, Committee of the Whole, 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 pubic, which outline the Council rules and procedures, and are located on the railing in the Council Chambers. PUBLIC HEARINGS BILL NO. 9-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN PROPERTY LOCATED AT 23464 ADAMS ROAD, 24222 ADAMS ROAD AND ADJACENT PROPERTY, COUNCILMANIC DISTRICT NO. 1, GERMAN TOWNSHIP, CITY OF SOUTH BEND, INDIANA REGULAR MEETING APRIL 25,2005 Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. th Paul Thuringer, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Thuringer advised that the Petitioners are requesting a zone change from “R” Residential (County) to PUD Planned Unit Development (City) to allow a mixed use development consisting of neighborhood retail, medical office campus, assisted living, light industrial, commercial, office, hotel and restaurant uses. The land uses and zoning on site is a single-family home and agricultural uses. To the north are single-family homes and agricultural uses in the County zoned “R” Residential. To the east are single- family homes in the County zoned “R” Residential. To the south are single-family homes and agricultural uses in the County zoned “R” Residential, and an industrial park in the City zoned “LI” Light Industrial. To the west are single-family homes in the County zoned “R” Residential and a restaurant zoned “B” Business. The “PUD” District is intended to encourage creativity and innovations in the design of development, provide for more efficient use of land, and to provide for an individual or grouping of uses not otherwise specified elsewhere in the Ordinance. The portions of the “PUD” being considered in this petition are Areas ‘B’ and ‘C’. Area ‘B’ is approximately 37 acres. Area ‘C’ is approximately 190 acres. Area ‘B’ will consist of a mixture of neighborhood retail, medical/office campus, and assisted living. The permitted uses and development standards will meet the requirements of the “LI” Light Industrial and “CB” Community Business sections of the Ordinance. The areas will utilize a local interior road system. The petitioner has stated that a reasonable effort will be made to preserve exiting trees over eight inches in caliper or 10 feet in height. Sidewalks and trails are an integral part of the development. They will be provided along any new street within the development as well as along Adams and Mayflower Roads. Specific uses for each site will be determined at the time Final Site Plans are submitted for approval. Uses not specifically listed in the PUD description, but which are similar in character, intensity, and intent of each area are subject to the approval of the plan commission staff. The Area Plan Commission may authorize additional uses within an individual area of the PUD other than those specifically designated for such area, provided that the use is a use permitted in another area of the PUD. The petitioner is proposing residential bufferyards along Adams and Mayflower Roads. The entire buffer will be 50’ in depth, and consists of three sections. Along the roads it will consist of a trail and prairie type plants, grasses and shrubs. Farther in and adjacent to that will be a succession of growth area that will be made up of taller ornamental and shade deciduous trees. The final part of the buffer will consist of full evergreen trees. The final interior landscaping, lighting, and sign plans are subject to staff approval. This site has been historically zoned for residential uses. The City of South Bend has been annexing property to the south for single-family and industrial uses. Although mostly residential, the northwest part of South Bend has been experiencing residential, commercial, and industrial growth. Adams Road and Mayflower Road are both arterial roads for the northern part of the County. This site has access to downtown via Adams or Cleveland Roads to Portage Road. The petitioner REGULAR MEETING APRIL 25,2005 proposes to work with INDOT and the appropriate agencies for an interchange at Adams Road and the Bypass. The petitioner will work with the City and County to improve Mayflower, Auten, and Adams Roads. The entire site itself will be servied by a local street network. The entire area to be developed will contain a pedestrian way and trail system. The site will be serviced by municipal water and sewer from South Bend. The development is subject to Final Site Plan approval through the Plan Commission staff. Each phase of the development will need to meet all City Drainage and road improvement standards. According to the Agencies maps, there appears to be two wetland areas east of the bypass. This site is in compliance with the comprehensive Plan. Goal 2, Objective A ensures that suitable areas are available for future industrial growth. Industrial uses should have access to major highways. Quality employment centers are vital to the short and long term functioning of the community. Objective C promotes developing business areas to meet the retail and service needs of the area. Policy iii indicates that future commercial sites should be designed for convenient access and safety by encouraging limited signage, curb cuts and access to adjacent developments. The policy plan also encourages business centers to locate at the intersection of highways or limited access interchanges. Goal 3, Objective C encourages new developments to take place in the traditional neighborhood form by having access to arterial streets and providing adequate open space and green areas for residents. The Land Use Plan designates this area as an industrial growth area. The proposed commercial and office uses are not out of character with the proposed industrial growth area. The areas to the north of this development are rural residential in character. To the south there is residential, commercial, and industrial development. The northwest side of South Bend has been experiencing industrial, commercial and residential growth in the last 5-10 years. If an interchange is located at Adams Road and the Bypass, the most desirable uses are for commercial, light industrial (when adjacent to other industrial zoning and uses). The Comprehensive Plan identifies this area as desirable for industrial growth. The development, if property screened and buffered, may increase the adjacent property values, as future development may become more likely. The adjacent industrial park should not be affected. It is responsible to encourage developments that will meet the service and retail needs of the community.Locating a mixed use of commercial and light industrial uses adjacent to the bypass ensures that the businesses have good access to the major transportation routes in the County, and likewise the residents and workers have easy access to this development. Locating industrial uses adjacent to existing industrial uses minimizes the impact on adjacent residential properties, and the petitioner is providing residential bufferyards above and beyond the requirements of the ordinance. Encouraging this type of project will ensure more integration between the different uses than if they were developed in a piecemeal fashion. Based on information available prior to the public hearing the staff recommends that his petition be sent to the Common Council with a favorable recommendation, subject to a Final Site Plan. As the City of South Bend grows, it is important to meet the retail and service needs of the residents in the City and County. It is responsible to encourage this type of large development to be annexed into the City so they can be served and supported by City services while contributing to the overall tax base for the City and County. Locating at a potential interchange along the bypass is responsible since that is where higher intensity uses will REGULAR MEETING APRIL 25,2005 have the least impact on residential properties. In addition, the proposal is in conformance with the Comprehensive Plan. Mr. John Phair, President, Holladay Properties, 227 S. Main Street, South Bend, Indiana, made the presentation for this bill. Mr. Phair stated that Hollday Properties was established in 1952 and has been operating in South Bend since 1978 and South Bend is Holladay Headquarters since 2000. They also have offices in Indianapolis, Nashville, NW Indiana, Florida and Louisiana. Holladay is the largest non-government, non-hospital assessed value in downtown $11,139,000 with a total assessed value of Holladay properties in St. Joseph County, $45,00,000. Annual real estate taxes paid are $1,800,000. Holladay Properties land development include the AmeriPlex at Indianapolis, 1,500 +/- acres; 4 million square feet; 4,000 + jobs and $350 million invested. The AmeriPlex at the Port is a 385 acre master planned development located in Portage, Indiana. The major tenants include Daimler Chrysler, Aventis Pharm., Walgreens, and Mitsubishi. It is located in enterprise Zone and one mile of Frontage on Interstate 94, Lake Michigan Water and low utility rates; 10 year tax abatements available and TIF districts. The Purdue Research Park, Merrillville, Indiana, is a master planned mixed use development containing 400 acres; 1 mile of Interstate 65 frontage; joint venture with Purdue Research Foundation, 48,000 SF Technology; Business Incubator Opening December 2004; 50,000 SF Learning Center Extension; Campus – Opening July 2005; Neurosurgery Center in 2006. Mr. Phair stated the Waggoner Farms Goals & Issues are to develop a premier mixed use master planned community. A neighborhood and destination retail experience for the immediate and regional marketplace. Mixed residential options, with pedestrian, biking, and environmentally sensitive planning that will strengthen the community. The largest annexations and re-zonings in the recent history of South Bend. To coordinate all regional and local transportation, utilities and public safety issues. Coordination with the public and private school systems to enhance existing and planned recreational assets. The Waggoner Farms Design Charette process is a series of scheduled working sessions with stakeholders to plan development and implementation, including government, utilities, business and academic community, citizen groups, and media. The consultants are Land Design, Inc. (Master Planning); Robert Charles Lesser & Company (Housing Markets); Abonmarche (Site Engineering/Traffic) with nine (9) working sessions and a comprehensive book. The Waggoner Farm is located at U.S. 31 and Adams Road and is approximately an 800 acre planning area with a 600 acre core town community. The context area is approximately 18,637 acres with excellent access to regional connector U.S. 31 carrying approximately 42,000 cars per day. Just over 1 mile Northof I-80 & U.S. 31 Interchanges servicing upwards of 70,000 cars per day. Excellent access to SW Michigan Lake Communities via: U.S. 12 and the I-94 & U.S. 31 Connector. Comparable demographics to University Park trade areas. Residential housing trends steadily approaching that of northeast townships. Some factors driving the plan are regional locations with access potential. Scale allows long-term plan and mixed use; greater public/private long term value. Residential growth supports neighborhood retail and service growth. Opportunity to link river corridor and biodiverse areas to west (recreation/amenity potential) along with the history and character of the area. Northwest REGULAR MEETING APRIL 25,2005 St. Joseph County is becoming a key residential area and the need to think ahead to avoid problems in experienced growth areas. Mr. Frank Perri, Holladay Properties, 227 S. Main, South Bend, Indiana, advised that the project should not compete with downtown businesses. The project should have a “WOW” factor and to recognize the importance of City/County cooperation for success, local government cooperation is the key to a successful development. The utilities in the area have been planned for development along with transportation and telecom assets and potential “Metro Net” connections are a competitive advantage. The Chicago and South West Michigan area access is an opportunity. Light industrial, distribution and tech- based businesses are opportunity areas. Potential location as both “destination” and neighborhood retail. Character which compliments downtown assets. The topography and natural features offer recreational opportunities such as bike and pedestrian links to river corridor, biodiverse areas nearby and to lake country are a great potential amenity. The “smart growth” features organize around transportation assets (US 31); higher density closer to transportation node (moves more traffic in and out via 31); Master planned mixed use (uses are separate but connected: jobs, services, shopping) serve as both regional and neighborhood center for growing residential areas and provide circulation for vehicles and pedestrians/bicyclists with ample “greenways” and connections to regional recreational assets. The Portage Prairie: Smart Growth Scorecard to create a range of housing opportunities and choices in providing quality housing for people of all income levels is an integral component in any smart growth strategy. Create walkable neighborhoods and communities that are desirable places to live, work, learn, worship and play, and therefore a key component of smart growth. Encourage community and stakeholder collaboration. Growth can create great places to live, work and play if it responds to a community’s own sense of how and where it wants to grow. Smart growth fosters distinctive, attractive communities with a strong sense of place and encourages communities to craft a vision and set standards for development and construction which respond to community values of architectural beauty and distinctiveness, as well as expanded choices in housing and transportation. For a community to be successful in implementing smart growth, it must make development decisions predictable, fair and cost effective and be embraced by the private sector. Smart growth supports the integration of mixed land uses into communities as a critical component of achieving better places to live. Open space preservation supports smart growth goals by bolstering local economies, preserving critical environmental areas, improving our communities quality of life, and guiding new growth into existing communities. Providing people with more choices in housing, shopping, communities and transportation is a key aim of smart growth. Smart growth directs development towards existing communities already served by infrastructure, seeking to utilize the resources that existing neighborhoods offer, and conserve open space and irreplaceable natural resources on the urban fringe. Mr. Doug Hunt, Holladay Properties, 227 S. Main Street, South Bend, Indiana, advised that the next steps are to complete the annexation/rezoning of Phase 1. Complete the master plan; traffic analysis; development phasing plan; infrastructure cost analysis and revise as necessary the economic impact analysis along with initiating the development REGULAR MEETING APRIL 25,2005 agreements with the City. Transportation analysis completed, let MACOG analyze the development traffic in computer model with and without the interchange. Consider the inclusion of the long range plan/transportation improvement program. Discussion on the interchange justification study required. Schedule dependent on right of way acquisition, all ROW now controlled by Holladay funding. INDOT only funding will not be sufficient unless major user is attracted, multiple sources will probably be required. Construction time for go ahead is less than two construction seasons. The planned growth over 10-15 year buildout period will continue to increase values and tax base. Long term source of quality sites for mixed uses. The quality and pattern of residential growth in the county is a major positive influence. Portage Prairie positions South Bend to grow value within its geographic tax base and enhances its position as regional center well into southwest Michigan. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd, South Bend, Indiana advised that South Bend has grown over the years, the original City of South Bend probably stretched 5 blocks in any direction from this building. It has grown and needs to continue to grow. Some people would believe that growth needs to be an either or situation, either need to grow inside the City or at the edge. He believes that growth needs to be a both/and. He stated that his administration has worked hard to redevelop old neighborhoods to redevelop commercial corridors to bring more vitality and investment to the downtown. Mayor Luecke stated that the City will continue to make those investments. He will continue to find the dollars to build housing and support the redevelopment efforts in the east and west sides of South Bend. To look for opportunities to use and reuse existing property. This summer will begin demolition on the Studebaker Stamping Plant and to open up forty (40) acres of development for new investment and new jobs in the core of the City. Those are important tasks for the City and will continue to be committed to that project. But it is also important to provide for and plan for growth at the edges of the City. Mayor Luecke stated that he supports Holladay Properties to have this land annexed into the City and be granted a PUD zoning. Mayor Luecke stated that it is good growth, it is smart growth and well planned growth, it really provides for a variety of opportunities that will bring new investment, new jobs, new residences to our city. Mayor Luecke supports Holladay Corporation, they are a quality developer, they have a good track record that we can see the kind of work that they do, the kind of businesses they attract to the parks that they have worked on in the past. This is an important step in providing for long term future growth for the City of South Bend. This area was identified in the County’s Comprehensive Plan, land use plan as an area of growth and believes that this is a good a smart way to plan for that growth. Mr. Mark Eagen, President, Chamber of Commerce of St. Joseph County, 401 E. Colfax Avenue, South Bend, Indiana advised that he is in support of Bill 9-05. Mr. Eagen stated that our children and grandchildren need a place to grow and expand their quality of life and believes that the Portage Prairie development will bring that to South Bend. Mr. Eagen speaks highly of the Holladay Corporation as a well established developer. Mr. REGULAR MEETING APRIL 25,2005 Eagen stated that the Chamber of Commerce of St. Joseph County urges the Council to support this bill. Ms. Donna Chamblee, 51194 Enchanted Oak Court, South Bend, Indiana supports Bill No. 9-05. The Portage Prairie project is a planned community that is well developed. She and her husband Roland, who is the St. Joseph County Health Officer, urge the need for a medical facility and encourage the neighbors and Council to get on board with this project. Mr. Andrew Nemeth, 922 E. Jefferson Boulevard, South Bend, Indiana, stated that he attended one of the design charettes and stated that this is a wonderful project. Mr. Nemeth encouraged the Council’s favorable recommendation. There was no one else present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. Ms. Kathie Bieschke, 23777 Adams Road, South Bend, Indiana, advised that she is the Secretary of the German Township Neighborhood Association. She stated that there are four (4) specific merits on which the association believes that this project should be rejected. The first is land use, South Bend’s comprehensive plan designates this area as a reserve industrial growth area, substantial acreage is available in the Oliver area; Studebaker Corridor; Lincolnway Airport Areas; as well as areas in the northwest area that are already equipped with adequate infrastructure such as Cleveland Road, Bendix Drive, Nimtz Parkway, Blackthorn Development and Olive Road areas. It is a fact that primary growth areas have not been fully utilized. Encroaching in a fully residential area is not responsible use when infill to already existing industrial areas as previously discussed is not complete. Gary Phillips, Area Plan, at the March 16, 2005 special meeting, questioned Holladay officials on the need for making another 200 acres of land available at this point in time, in light of “the abundance of undeveloped land in this vicinity including Blackthorn or some of your own industrial parks on the other side of the Toll Road.” The second is concern is traffic and transportation considerations. The concern was brought up at the March 16, 2005 special meeting before the Area Plan Commission, by both Tim Waltz and Gary Phillips, regarding the possible prematurity of the City’s rezoning the acres south of Adams Rd. before an interchange would be secured. The third and fourth of specific concerns are intertwined conservation of property value and responsible development and growth. The Holladay proposal shows a lack of clarity in vision. At the Area Plan Commission Meeting on March 16, 2005, John Phair stated that the Waggoner’s were definitely interested in leaving a legacy to the community. They did not want to do something piece meal, this proposal for the fantastic Portage Prairie Community is being implemented in piece meal phases in a ten (10) to fifteen (15) year span dependent on zoning policies and business cycles which the developer cannot control or guarantee. In the same meeting before the Area Plan Commission, Senior Land Use Consultant Gene Valanzano with Baker & Daniels has brought forth a concept use by Holladay Properties known as the alternate development standards. Wherein a petition could be proposed for a change in any of the areas REGULAR MEETING APRIL 25,2005 regarding landscaping, lighting, signs, appearance of yards, and building set backs, parking, architecture, or maximum building heights. In addition, the Executive Director could determine the need for rezoning requests for use not planned for in the Preliminary Plan. This open policy is for the benefit of the developer only. This secure flexibility for them to replace less profitable types of development with more profitable types of development regardless of the overall impact to the Community. Proposed residential buffers have been described by Holladay as fifty (50) feet in depth. Consisting of trail grasses and prairie plants with adjacent ornamental and deciduous trees along with evergreen trees. Mr. Videkovich, Staff Member, Area Plan Commission stated at the March 16, 2005 meeting “that this property if properly screened and buffered may increase the area property values as future development may be come more likely.” If a commercial Hotel use is allowed to be piggyback onto commercial or light industrial use then may the association expect to see the hotel areas being filled with semi-trucks and trailer rigs? Two semi-trucks loaded with steel had been perpetually parked on a City street, on Dillon Drive in an adjacent industrial park until finally being reported to Code Enforcement. Remarks like “reasonable efforts will be made” do little to assure preservation of the Historic Portage Prairie remnants with some of the oldest trees in the County on it. Alternate development standards would undermine any assurance of the quality of what type of development this would become over the course of ten (10) to fifteen (15) years. Holladay Properties mentioned employment possibilities and it makes one wonder that in 100 offices across the United States that Holladay occupies they only employ 235 employees. That’s about 2.3 employees per office and that does not impress the association as being a fact to be proud of. Underutilized space still present even after ten (10) years after development. The lack of landscaping is unappealing to both complex businesses and area residents. The German Township Neighborhood Associates believes that the retail and services needs of the residents of the City and County could be better served closer to the core city with support of its streets. The overall cost to taxpayers and City services an other infrastructure is not justified by the overall profit to developers and taxation return. As outlined by Notre Dame Professor of Finance, Richard Sheehan in his excellent study tax revenues would not compensate for cost of repaying bonds, additional costs of services including roads and interchanges and the desertion of core business and would negatively impact out tax base. Many of the jobs created would reflect those as a transfer effect from businesses moving out from other closings of businesses. Mr. Magliozzi, Assistant Director of Community Development Division noted in a South Bend Tribune article March 29, 2005 that it is “too soon accurately forecast the City’s revenues and expenses related to the annexation. He credits the lack of details to the developer. Ms. Bieschke stated that she checked that information today again with Mr. Magliozzi and that information is still currently true. Ms. Bieschke stated that she wished that by now some of the City Planner’s including Mr. Magliozzi would have taken the opportunity to study the information researched and reported by Professor Sheehan. In closing, Ms. Bieschke advised that if you look at the outcome of previous development, the impact on residential properties would most definitely be a negative one. Let’s not discourage the healthy residential growth in our Northwest Township by the threat of turning neighborhoods into industrial havens. Ms. Bieschke urged the Council to vote for the investment of the County’s biggest tax revenue source its homeowners. REGULAR MEETING APRIL 25,2005 Ms. Bieschke stated that another constituent will present information on the Portage, Indiana location. Ms. Susan Alexander, 26670 Brush Trail, South Bend, Indiana, stated that she is a resident of German Township. Ms. Alexander thanked the Council for allowing her this time to express her concerns with the annexation of Waggoner Dairy Farm Property on the Northwest edge of the City of South Bend. She moved to her property because is was located in a rural setting. She loves the wildlife that she encounters on a daily basis as due many of the neighbors. When she drives by the Waggoner Farm property, she regularly see pheasant, red fox, and a multitude of migrating birds, including the endangered species of Sand Hill Cranes that are now nesting in Northern Indiana. This is the “WOW” factor that Holladay will have disappear from lives when they put that industrial complex in. The annexation of this property will clearly and negatively effect a lifestyle she chose and it will be unlikely in the future that she could find another property like the one she currently has. She appreciates the City’s desire to attract new jobs to the area, she questions the assumptions as presented by Holladay. The City of South Bend wishes to grow in order to attract new business, new jobs, new tax dollars, but disrupting the natural environment in the rural community is not the only option that this Council has. Cities that wish to grow or create smart growth, they learn to grow in responsible ways that look at all the options without the back door influence of developers and consultants who have a personal financial interest in the particular outcome of the proceedings. One way the Council can be responsible is to consider what other cities have done to attract investment and tourism. Light industry and new shopping areas will not make the City of South Bend any more interesting than any of the other cities in our region. So what makes a city unique? What can bring jobs? The downtown while much improved during the time that she has been in South Bend, notably the areas along the river, highlight one of the key attractions in the City. Suburban sprawl however, does nothing to add the characteristics that would attract professionals to our community. She informed that she is a secretary to a regional professional association and for years she has lobbied to get her organization to bring its annual meeting to the City of South Bend. The organization continues to resist, by asking what is there is South Bend? South Bend has no identity that separates itself from the hosts of other Midwestern cities. A city’s identity is not light industry or shopping malls. That’s not what’s going to bring people here. The City could attract organizations and groups to the area only if we grow the town in ways that emphasize our strengths and values, with the beauty of the St. Joseph River and the rural landscape that we in Indiana hold so dearly to out identity. Ms. Margaret A. Jentz, 51312 Mayflower Road, South Bend, Indiana, advised that she has lived at this address for more than twenty years and her property is directly across the street from the Waggoner Farm. Ms. Jentz stated that she works full time in the medical field she also raises champion show horses on her property. This development will destroy her property value and her quality of life. This area of the County is home to the abundant wildlife and two species endangered butterflies the Mitchell Sader and the REGULAR MEETING APRIL 25,2005 Karner Blue. No doubt that the proposed Holladay development will have a negative impact upon their survival. She also has concerns about the air and water quality should this development proceed as planned. The area gets its water from wells in German Township, no doubt there will be spills of hazardous materials if this development goes in. Holladay will argue that it will not happen, but not everyone keeps their vehicle in top running condition, antifreeze leaks, oil leaks, fuel leaks will certainly have an impact on the water quality. The trucks that inhabit the current industrial park, run their engines day and night and the diesel fumes are horrendous, diesel exhaust is a known carcinogen, it means it causes cancer in mammals and human beings are mammals. The drivers also have no concern for the residential neighbors, honking their horns day and night for reason the rest of us will never understand. Ms. Jentz stated that she notices this as early as 5:00 a.m., when she is out feeding her horses. Ms. Jentz noted that she is glad that she doesn’t live any closer to the current development, if Portage Prairie goes in, she asked is this what she has to look forward too? Ms. Jentz advised that she has been told a tale about how her property value will increase if this project goes in. Ms. Jentz stated that she has talked to numerous real estate agents who said this is not the case for residential land bordering a light industrial development, in fact they have told her to prepare to take a 30 to 40 percent reduction in the value of her land and home. Ms. Jentz stated that her home and land are a significant part of her retirement plan and as a single woman in her late forties she cannot afford to take a loss like the one she will experience if the development goes through. She planned of a retirement free of a mortgage, so she could afford food and heat. Mayflower Road is also a small county chip and sealed road that will not stand up to the kind of traffic Holladay has proposed. It is already falling apart because of the increased residential traffic. Ms. Jentz asked if Holladay is going to pay to rebuild it. It is insane to ask the residents of this County to again and again by private developers who make huge amounts of money to pay for roads that are needed for their projects. The time has come to tell these people no, we are already paying extremely high tax rates and if these developers want to put in these developments, its time to ask them to pay up or get out of the game. Ms. Jentz closed by asking the Council to listen to the people who have had the courage to speak tonight. She has petitions with almost eight hundred (800) names opposed to this development and a letter regarding the Mitchell Sader and the Karner Blue butterflies that she would like to make a part of the record. Mr. Bradley Kurzhal, 50901 Mayflower Road, South Bend, Indiana, advised that he attends school at St. John the Baptist. Mr. Kurzhal stated that he has lived at this address his entire life. He is the fifth generation in his family to live on this road. The land that Holladay Properties proposes to put offices and shopping on is his neighborhood. This is the best place to live, because he spends all of his free time playing outside with his friends. Sometimes he sets up a tent in the backyard and watch stars and bugs. He never has to go to a park, because he has the very same things in his backyard. He stated that they picnic and have campfires. If Holladay Properties moves in there will be a lot of noise pollution and crime. Mr. Kurzhal stated that he would not be able to enjoy the outdoors anymore. Mr. Kurzhal pleaded to the Council to think about what he has said. He asked the Council: What would you say if they built something around your house? Do the right thing and save my neighborhood. REGULAR MEETING APRIL 25,2005 Ms. Kelly Havens, 12032 Timberline Trace, Granger, Indiana, stated that she is not a South Bend resident, but she is asking in the spirit of being a good community partner, not to proceed with this venture that could hurt all county residents as well as your own constituents. Ms. Havens sympathizes with all the neighbors who do not want this and with South Bend residents who would be asked to back the TIF bond for this project, that is as every bit as build it and they will come as was the College Football Hall of Fame. The most direct damage to her and every other taxpayer in this County, would be the enormous cost of an interchange at that location, and the supporting county road realignments. The former of course would eat of my state gas tax dollars, to the tune of ten (10) to twelve (12) million dollars according to INDOT.The latter would eat of my county wheel tax dollars which she is not all that fond of paying in the first place. How critical is this interchange, interesting the developers have given two (2) answers. The first use a lot of words like critical and pivotal, the second was more like it’s really not that important, we will find a way… Not many of you on the Council are shrewd business people confronted with a pair of answers like that which one would you put the money on? Assuming therefore that the interchange is critical, lets ask the key question. How likely are we to get one? To get an answer, she went to INDOT and MDOT, why MDOT you may ask, we are not in Michigan? Two reasons the proposed interchange is within one mile of a failed interchange that is in Michigan, the Bertrand Road exit, and the second is because the South Bend Tribune did not want her to pursue this. This raised her curiosity. She was not surprised when the Tribune editors did not want her to comment on Blackthorns undeveloped areas, even though she had them documented, nor did they want her to talk about how many of the City’s big economic developments move jobs from one part of the County to another, which is also well documented. But what they absolutely refused to let her include in her letter to the Tribune was any mention of the Bertrand Road exit. Ms. Havens stated that it is already dramatic enough to just point out that there are already two (2) Indiana exits within three miles of the proposed interchange. It raises a red flag that an exit got started just one mile north and stopped, leaving barricaded ramps going nowhere. It leaves everyone who drives by to see and ask boy who are the people who dreamed this up? The answer that she got from MDOT is that twenty (20) years ago that was supposed to become a visitor’s center. That makes sense that it is the entrance to the State. It fell through for two reasons, one (1) Projected traffic did not and still does not justify it, nor will it until such time as the by-pass would connect to I-94. Secondly, there is already an interchange, just 8 miles up the road at U.S. 12. MDOT thought it would be foolish to build another interchange just 8 miles of an existing interchange, given the traffic flow in that area, which is the area that we are talking about tonight. Unless INDOT is rolling in money or has much lower standards than MDOT, they would not approve this project tonight. INDOT has not even agreed to even study this interchange. If they agree to do so, it will take two (2) to three (3) years to analyze the situation.Even if they decide to do it, it would still be a ten (10) to twelve (12) year backlog before the could start to address this problem. Based on this information before you tonight would the Council be willing to risk a multi-million dollar venture. One piece of information that has not be published anywhere, Ms. Havens asked INDOT point blank whether or not they have criteria for how many interchanges that they would put into a given stretch of miles, they referred her to their interchange spacing REGULAR MEETING APRIL 25,2005 criteria, which for rural areas like this one, is that no interchange within three (3) to five (5) miles of an existing one. There are already two within three (3) miles of this proposed interchange. This proposal does not have snowball’s chance of ever getting through INDOT. Ms. Havens urged the Council to think hard about this development, or twenty years from now, you could be the people that the people are thinking about when they go past an interchange in Indiana that goes nowhere, and they ask who were the people that gave approval to this. Mr. Donald Brubaker, 1706 Anderson Avenue, South Bend, Indiana, advised that there are two wetlands on the proposed development site. If you alter the soil characteristics, the hydrogeology and the vegetation on this site, it will not do what mother nature intended them to do. Mr. Brubaker also stated that with a project of this size there is a greater potential of contamination of ground water. Mr. Dale Clingerman, 306 Lakeshore Drive, LaPorte, Indiana, stated that he is a registered professional civil engineer, and also the acting director of engineering for the City of Laporte, Indiana. Mr. Clingerman stated that the interchange will take a long time to construct and cautioned the Council before making final approval on a project of this magnitude to really think about the consequences. Mr. Clingerman stated that the City of Laporte had a similar situation. The City of Laporte had the opportunity to have a large furniture wholesaler to locate in the City on the eastside. It was built last fall and now the road out front of the building is falling apart, because nobody thought about the heavy trucks traveling on that road all the time. Mr. Clingerman stated that is what is going to happen to Mayflower and Adams Roads. He stated that it would be wise and wait for the MACOG study to be done to find out the costs and activities that need to be made to make the adjacent public network viable for this development to take place. Personally, he would like to see STP funds for constructing roadways, they are usually an 80-20 match. He would like to see the developer pay the 20%, so that the citizens of South Bend, once you accept this, don’t have to pay the 20% out of tax levies. Mr. Clingerman urged the Council to do the right thing and by making the developer help pay for the costs of road improvement takes the burden off the taxpayers. Mr. Will Taylor, 2006 Mishawka Avenue, South Bend, Indiana, stated that if the City if going to do a project of this proportion, the Council should let all the people in the audience be allowed to speak. Mr. Taylor would like to see the rules suspended tonight to allow everyone a chance to voice their opinions. Mr.Taylor stated that this is a good project however, it is being put in the wrong location. Mr. Taylor urged the Council to do the right thing. Mr. Ron Gadacz, 24530 Adams Road, South Bend, Indiana, stated that he lives across from the Waggoner Farm Development. Mr. Gadacz read into the record a letter that stated: I feel our local neighborhoods deserve to have a stronger voice in the annexation process. Right now a City can annex right up to your back yard and change the zoning for the area for whatever they wish. There is no effective imput into the process because it is entirely controlled by City officials that you do not elect. I firmly believe that residents of our communities deserve a larger role in planning the development that REGULAR MEETING APRIL 25,2005 occurs in their neighborhoods. As it stands now zoning and annexation issues are hopelessly tangled together in a process that is closed to most community policy. Changes in the existing process need to be made to create strong communities and promise responsible fiscal and tax policies. Mr. Gadacz stated that this letter was sent to him by Representative Ryan Dvorak. Mr. Gadacz urged the Council to do the right thing and vote with their hearts. Mr. Tom Zmyslo, 51029 Portage Road, South Bend, Indiana, retired South Bend businessman who owned and operated his business on the northwest side of South Bend for thirteen (13) years. Mr. Zmyslo stated that this is a good project however, like stated before its in the wrong place. Mr. Zmyslo quoted Ross Perot “If this country would pass NAFTA, we would hear a huge sucking sound of all of our jobs being sucked out of this country.” I would compare what he said to South Bend and to the sprawl going on in the last 30 years, with all its residents and business who could not afford it have been sucked out of the City and gone out into the suburbs. The only people who stay in South Bend are the ones that can’t afford to move out. Mr. Zmyslo stated that his parents are still living on the northwest side of South Bend, his in-laws just left the northwest side of South Bend. The northwest side of South Bend has a lot of needs that are not being met. As each ring of growth that develops on the outside edges of the City, another ring dies in the center of the City. Leaving blight, crime, deterioration and stagnation, when will it all end? Its high time that the City try to grow from within or is it too late. The City policies of only promoting grow for not-for-profit, non tax paying entities have all but killed chances of developing anything that pays taxes hence urban sprawl is the only answer to a dying tax base. Councilmember Kelly stated that the allotted time has expired for remonstrances. Councilmember Varner made a motion to allow the next six remonstrators to speak subject to the five-minute time limitation, and make their comments, so the hearing can be completed. Councilmember Kuspa seconded the motion which carried. Ms. Lita Johnson, 52825 Shellbark Road, South Bend, Indiana, stated that the Holladay Corporation has painted a very elaborate picture of buildings for the proposed Waggoner Farm Development. Ms. Johnson advised that she traveled to Portage, Indiana, to look at the Ameriplex complex. She was very surprised to find that there was only one office building that was not fully occupied. The landscaping was very sparse and the trails that have been mentioned looked like paths or lanes or long driveways that led maybe to a farm at one time and had stopped and there were weeds grown up around. Ms. Johnson urged the Council to look long and hard at this development, she is not against growth for the City, however, there are places that are more appropriate for this type of development. Mr. James A. Moritz, 23290 Adams Road, South Bend, Indiana, stated that he has lived th at that address for forty-nine (49) years.Mr. Moritz stated that his home is located 2/10 of a mile from the northeastern edge of the section of Waggoner Farm that has been requested to be rezoned. The majority of the residents that live near the Waggoner farm REGULAR MEETING APRIL 25,2005 are opposed to the rezoning of the 274 acre parcel to mixed use or planned unit development which includes light industry and commercial, along with any other portion of the 400 acre farm. There are far too many undeveloped parcels of land still available in both the Blackthorn and the present industrial park. These parcels should be developed before any consideration is given to further industrial expansion outside of the present City boundaries. If the Holladay Corporation truly wants to be a good neighbor, they should be willing to locate his projected industrial sites in the present industrial park and keep them away from the residential neighborhoods. Mr. Moritz stated that he likes to ride his bike on the county roads, however, lately if you try to ride on Portage Avenue, its like playing Russian roulette. The traffic has increased on the narrow two lane Adams Road since the construction of Wal-Mart and Meijer. There are days when he has to wait several minutes before he can cross the road to get to his mailbox and newspaper tube. One can only image the traffic if this development occurs, all the people on Adams Road, Mayflower Road, Orange Road will be playing dodge’em everyday trying to get to their mail and newspapers. Holladay Properties stated that in one of their presentations that this development would be named in honor of the late Chet Waggoner. Chet Waggoner was very instrumental in the creation of the Chet Waggoner Little League located on Riverside Drive back in the early 1970’s. Apparently Chet was very concerned that the boys and girls in his community should have a safe place to burn off all the energy that young people have along with honing their skills in playing ball. This league is still thriving today because of Chet and the strong dedication of people like Ray Snyder and a host of parents who children including his have passed through this park over the past thirty (30) years. Chet also helped start up the German Township Fire Department with his financial help in purchasing the very first fire truck. Knowing how Chet Waggoner cared for the people in his community, and watching personally for over 56 years how he nurtured his Portage Prairie Dairy Farm with the able assistance of local farmers like John Gillis and his son John Jr. Chet would surely rather see soccer fields, baseball, softball diamonds, bicycle paths, horseback riding trails and even beef cattle still roaming the grasses field he loved so much. This development does not fit the intentions that Chet Waggoner had in mind. Mr. Moritz urged the Council to oppose the rezoning of this property. Ms. Kathleen Petitjean, 901 W. Bryan Street, South Bend, Indiana, stated that she is co- coordinator of the St. Joe Valley Greens. Ms. Petitjean stated that one of the values of the Greens is Community Based Economics. Economic Development must assure protection of the environment, workers rights, broad citizen participation, planning and the enhancement of the quality of life for all. Everyone knows that the Portage Prairie Project is an attempt to lure tax dollars to the City coffers. Forty-Six (46) percent of Portage Township, the civil city of South Bend, real estate is tax-exempt. That includes churches, non-profit organizations and companies with tax abatements. The churches and non-profits are what they are, but the biggest problem is the companies receiving tax abatement. The tax abatements are going to companies that are the biggest polluters with the lowest employers and the biggest tax breaks. Honeywell for example promised 28 new jobs, produced none, eliminated 199 positions and the City did not revoked Honeywell’s ten (10) year, 6.1 million dollar tax abatement. Inter-Plastic, Lock-Joint Tube, Steel Warehouse, AM General, all these companies are the biggest polluters, yet REGULAR MEETING APRIL 25,2005 they all get gigantic tax breaks. AM General alone dumps 537,303 pounds of toxins, like mercury, styrene, zyline, and other carcinogenic development neuro toxins. The only jobs that these places are creating are nurses and doctors in the medical centers like Memorial Hospital and St. Joseph Medical Center’s Cancer Units. Mr. Petitjean questioned why the Economic Development in the inner city like the expansion of the Chocolate Café and the renovation of the LaSalle Hotel have been put on hold. It is obvious that the residents do want this development. The Greens adamantly oppose development of Portage Prairie to help pay for tax abatements for companies who come here promising the moon and giving the residents cancer. The Greens request that one of the Councilmembers look into this issue of the expansion of the Chocolate Café in the former Osco building and discover the information that they have tried to obtain through the freedom of information act that they could not. What do the consultants that were hired with tax dollars have to say about the Osco building and what is the hold up on development in downtown South Bend. Mr. Randy Przybysz, 1318 Canterbury, South Bend, Indiana, stated that he is the County Council Representative District A, which takes in the area of this proposed development. Mr. Przybysz stated that he has gotten to know the residents of this area and the reasons that they chose to live in German Township. Some are second and third generations of families who live on the same roads. The residents of German Township are family and are a close network of individuals who care very deeply for their neighborhoods. This project is a good project but it is in the wrong place. The infrastructure cannot support a project like this one. This development is going to impact the area significantly. Mr. Przybysz pleaded with the Council to consider both sides and not destroy a neighborhood that already exists to try to build a new one. Ms. Cheryl Kruk, 50649 Sean Court, South Bend, Indiana, stated that she moved from River Park to this address in German Township to get away from the crime that was occurring in River Park. Ms. Kruk stated that she is opposing this project and believes that this area will become the Grape Road of South Bend. Ms. Kruk stated the South Bend Tribune dated January 30, 2005, ran an article that stated Portage Prairie in 10 years could have the impact that Grape and Main had on the community. Ms. Kruk stated that she is not against development, but why should the residents of German Township pay for the City’s misfortunes and mismanagement. Ms. Kruk stated that there are three endangered species on the area, the DNR is supposed to come out to look at that and report back, but no provisions have been made to wait or continue. Ms. Kruk stated that the project should be delayed until that time when the DNR can verify those species do exsist. Mr. Kenny Bratton, 1504 W. Dunham, South Bend, Indiana, advised that he used to live at 23318 Adams Road. His mother still lives at the Adams Road address. Mr. Bratton goes out there everyday to help his mom. Mr. Bratton stated that he opposes the development of the Portage Prairie Farm. Mr. Bratton stated that currently people using Adams Road speed on the average of 60 mph., on a road that has a speed limit of 40 mph. The police are aware of this situation and there have been numerous accidents on Adams REGULAR MEETING APRIL 25,2005 Road from the excess speeding. Mr. Bratton stated that this project is going to bring even more traffic to the area.Mr. Bratton urged the Council to vote against this project. BILL NO. 8-05 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 816 SOUTH MICHIGAN STREET, COUNCILMANIC DISTRICT #2 IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 22-05 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF TAYLOR STREET FROM LASALLE AVENUE, NORTH TO THE NORTH LINE OF LOT 3. SAID IRREGULAR SHAPTED ALLEY IS FURTHER DESCRIBED AS BEING 133.64 FEET LONG ON THE WEST SIDE AND 89.59 FEET AND 28.01 FEET ON THE EAST SIDE. THE WIDTH IS 14 FEET AT LASALLE AVENUE AND WIDENS TO 23 FEET AT THE NORTH END OF SAID LOT 3 BILL NO. 23-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $200,000 OF UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD GRANT FUNDS WITHIN FUND 209, FOR THE PURPOSE OF CONDUCTING BROWNFIELD ASSESSMENT AND CLEANUP ACTIVITIES BILLS, THIRD READING ORDINANCE NO. 9585-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 816 SOUTH MICHIGAN REGULAR MEETING APRIL 25,2005 STREET, COUNCILMANIC DISTRICT #2 IN THE CITY OF SOUTH BEND, INDIANA ORDINANCE NO. 9586-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $200,000 OF UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD GRANT FUNDS WITHIN FUND 209, FOR THE PURPOSE OF CONDUCTING BROWNFIELD ASSESSMENT AND CLEANUP ACTIVITIES RESOLUTIONS BILL NO. 05-19 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 3201 W. WESTERN AVENUE, SOUTH BEND, INDIANA BILL NO. 05-38 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 525 SOUTH LIBERTY STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ALAN AND VERONICA KUZMITS RESOLUTION NO. 3448-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1618 DUNHAM ST., 223 JOHNSON ST., 705 S. KALEY ST., 749 S. WARREN ST., 2207, 2215 2221, AND 2227 SMITH ST. AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY REGULAR MEETING APRIL 25,2005 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 1618 WHEREAS, a Declaratory Resolution designated the area commonly known as Dunham St., 223 Johnson St., 705 S. Kaley St., 749 S. Warren St., 2207, 2215, 2221, and 2227 Smith St., South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: st 1618 Dunham Street Lot 8 Gorsuchs 118-4001-0006 223 Johnson Street N ½ Lot 7 College Grove 18-2006-0055 rd 705 S. Kaley Street Lot 1075 and 1076 Summit Pl 3 18-4040-1457 th 749 S. Warren Street Lot 80 Gorsuchs 518-4008-0286 2207 Smith Street Lot 36 and 37 Hollowell and 18-2025-0808 Smith subdivision of Lot 7 K & M addition 2215 Smith Street Lot 38 Hollowell and Smith 18-2024-0729 Subdivision of Lot 7 K & M Addition 2221 Smith Street Lot 40 Hollowell and Smith 18-2025-0797 Subdivision of Lot 7 K & M Addition 2227 Smith Street Lot 41 Hollowell and Smith 18-2025-0794 Subdivision of Lot 7 K & M Addition be designated as a Residentially Distressed 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 remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. REGULAR MEETING APRIL 25,2005 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Councils 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 REGULAR MEETING APRIL 25,2005 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/Charlotte D. Pfeifer Member of the Common Council RESOLUTION NO. 3449-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 5 IN THE U.S. 31 INDUSTRIAL PARK, PHASE II AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STANZ CHEESE CO., D/B/A/ STANZ FOOD SERVICE, INC. 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 Lot 5 in the U.S. 31 Industrial Park, Phase II, South Bend, Indiana, and which is more particularly described as follows: REGULAR MEETING APRIL 25,2005 A PART OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA: LOT 5, AS SAID LOT IS KNOWN AND DESIGNATED ON THE PRIMARY PLAT OF U.S. 31 INDUSTRIAL PARK, PHASE II, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1 INCH PIPE MARKING THE SOUTHWEST CORNER OF SAID SECTION 17, THENCE SOUTH 89 DEGREES 58 ’26” EAST, ON THE SOUTH LINE OF SAID SECTION 17, A DISTANCE OF 1303.60 FEET; THENCE NORTH ZERO DEGREES 12’42” WEST, ON THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 1526.61 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57’04” WEST, 649.13 FEET TO A 5/8 INCH BAR AND CAP; NORTHWESTERLY, ALONG A 380.00 FOOT RADIUS CURVE TO THE LEFT, AN ARC LENGTH OF 191.96 FEET (SUBTENDED BY A CHORD BEARING NORTH 23 DEGREES 19’ 13” WEST, A DISTANCE OF 189.93 FEET) TO A 5/8 INCH BAR AND CAP; THENCE NORTH 37 DEGREES 47’32” WEST, 103.76 FEET TO A 5/8 INCH BAR AND CAP; THENCE NORTHWESTERLY, ALONG A 320.00 RADIUS CURVE TO THE RIGHT, AN ARC LENGTH OF 209.62 FEET TO A 5/8 INCH BAR AND CAP; THENCE NORTH ZERO DEGREES 15’35” WEST, 684.55 FEET TO A 5/8 INCH BAR AND CAP ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 89 DEGREES 57’16” EAST, ON SAID NORTH LINE, 853.92 FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH ZERO DEGREES 12’42” EAST, ON THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 1135.48 FEET TO THE POINT OF BEGINNING. and which has Key Number 25-1009-015209, 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 Sect ions 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: REGULAR MEETING APRIL 25,2005 SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. REGULAR MEETING APRIL 25,2005 SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council BILL NO. 05-44 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 5635 MIAMI STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR RONALD L. PELTZ