Loading...
HomeMy WebLinkAbout07-11-05 Council Meeting Minutes REGULAR MEETINGJULY 11, 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, July 11, 2005 at 7:00 p.m. The meeting was called to order by Council President Charlotte D. Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Derek D. Dieter 1 District nd Charlotte Pfeifer 2 District President rd Roland Kelly 3 District Chairperson, Committee of the Whole th Ann Puzzello 4 District th David Varner 5 District th Ervin Kuspa 6 District Timothy Rouse At-Large Al “Buddy” Kirsits At-Large Karen L. White At-Large Vice-President th Absent: David Varner 5 District 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 June 27, 2005, meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Charlotte D. Pfeifer Councilmember made a motion that the minutes of the June 27, 2005, meeting of the Council be accepted and placed on file.Councilmember seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS BILL NO. 04-81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP, STEVE AND JEAN COOREMAN ANNEXATION AREA Councilmember Kuspa made a motion to strike this bill. Councilmember Dieter seconded the motion which carried by a voice vote of either (8) ayes. COUNCIL DISTRICT UPDATES – AT LARGE COUNCILMEMBER KAREN L. WHITE Councilmember White stated that the mission statement of the South Bend Common Council is “To make certain that our City government is always responsive to the needs of our residents and that the betterment of South Bend is always our highest priority”. 1 REGULAR MEETINGJULY 11, 2005 She stated that the role of an At-Large Councilmember is a unique relationship with the citizens of the entire City. The At-Large Members work closely with the District Councilmembers. Councilmember White advised that she is currently the Chairperson of the Health and Public Safety Committee that oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. The Health and Public Safety Committee oversees the Fire and Police Departments along with EMS, Ordinance Violations Bureau and Code Enforcement. The Health and Public Safety Committee has passed numerous bills to provide public safety. In 2004, the New Central Fire Station opened. It is truly a state of the art facility. In 2005, Police nd Headquarters completed their remodel and is 2 to none. Currently, negotiations are underway with the Police and Fire Department. Councilmember White stated that she is working together with the Council’s intern Brad Powlen and the Youth Council to positively connect with city government and provide an educational partnership with st needs of youth in the City of South Bend. Together we can make South Bend a 21 Century City. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:12 p.m., Councilmember Kuspa made a motion to resolve into the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kelly, Chairperson, Committee of the Whole, presiding. Councilmember Kelly explained the procedures to be followed for tonights meeting in ã accordance with Article 1, Section 2-11 of the South Bend Municipal Code and that pamphlets were available to the pubic, which outline the Council rules and procedures, and are located on the railing in the Council Chambers. PUBLIC HEARINGS BILL NO. 28-04 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 LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; STEVE & JEAN COOREMAN, 21300 BLOCK OF CLEVELAND ROAD & 52804 LYNNEWOOD AVENUE, SOUTH BEND, INDIANA Councilmember Kelly advised that there has been a request by the petitioner to strike this bill from consideration. Therefore, Councilmember Kuspa made a motion to strike this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 25-05 PUBIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3610 EDISON ROAD, 3612 EDISON ROAD, 3618 EDISON ROAD AND 1315 HICKORY ROAD, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Mr. P. J. Thuringer, Staff Planner, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Commission. 2 REGULAR MEETINGJULY 11, 2005 Mr. Thuringer advised that the petitioner is requesting a zone change from “SF1” Single Family and Two Family Residential and “O’ Office to “LB” Local Business to allow uses permitted in the “LB” Local Business District. On site is a single-family home zoned “O” Office and vacant land zoned “SF1” Single-Family and Two-Family Residential. To the north is a retail center zoned “LB” Local Business. To the east on Edison Road are two commercial retail businesses and vacant land zoned “C-1” in the City of Mishawaka. To the south is a vacant lot and single-family homes zoned “SF1” Single-Family and Two-Family Residential. To the west is multi-family housing zoned “MF2” High Density Multi-Family. The “LB” Local Business District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the “LB” Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. The preliminary site plan shows two retail buildings. One fronts Hickory Road and is 8,450 square feet of retail space. The second building fronts Edison Road and is 8,580 square feet of retail space. The total area to be rezoned is roughly 1.6 acres. Retail buildings comprise 17,040 square feet, or 25% of the site. Roughly, 32,000 square feet, or 46% of the site, is to be parking, drives and sidewalks. Lastly, roughly 20,600 square feet, or 30% of the site, is to be landscaping/open space. Land use at this intersection has been transitioning from residential to commercial uses. The northwest corner of Edison Road and Hickory Road is a retail center, which was rezoned from “A” Residential to “LB” Local Business in 2002. This is a high traffic intersection that lends itself well to commercial use and development. Land to the north and to the east is zoned “C-1” in the City of Mishawaka. Edison Road is a four lane arterial in the City of South Bend and in the City of Mishawaka. It is a major east/west thoroughfare between the two municipalities. In 2001, using the Michiana Area Council of Governments (MACOG) Traffic Volume Counting Program, the traffic on Edison Road, west of Hickory Road, was recorded at 31,509 cars per day. Hickory Road is a four lane arterial at this location. In 2001, the traffic count on Hickory, north of Corby Street, was 17,826 cars per day. Municipal water and sanitary sewer will be extended from existing locations to serve the property. Based on information available prior to the public hearing staff recommends that the Area Plan Commission send this to the Common Council with a favorable recommendation. Mr. Andrew J. Nemeth, Andrew Nemeth Properties, LLC, 922 East Jefferson Blvd., Suite 200, South Bend, Indiana, representing the property owner, Mr. Pete Taddeo, and also the contingent purchaser Jeff Brant, made the presentation for this bill. Mr. Nemeth advised that the property sought to be rezoned is located at the SW corner of Hickory and Edison Roads, Indiana. The Petitioners are seeking to rezone from “SF-1” and “O”, Office to a new zoning of “LB” Local Business to allow for commercial retail and commercial office use. The rezoning will enhance the aesthetics of the neighborhood and beautify a challenged corner. Councilmember Rouse questioned the ingress/egress issues on the property. Mr. Nemeth advised that curb cuts would only allow right hand turns in and right hand turns out of the property. Councilmember White questioned the landscaping issues on the property. Mr. Nemeth advised that regarding landscaping, the project would be above normal standards for landscaping. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kuspa made a motion for favorable 3 REGULAR MEETINGJULY 11, 2005 recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 40-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE TO EXPAND THE SCOPE OF PROHIBITED CONDUCT WHICH MAY GENERATE AN ACTION TO ABATE A PUBLIC NUISANCE Councilmember Dieter made a motion to continue this bill until the July 25, 2005 meeting of the Council. Councilmember Kuspa seconded the motion which carried by a voice vote of either (8) ayes. BILL NO. 41-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $35,000.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND, FUND NUMBER 416 Councilmember Dieter, Chairperson, PARC (Parks, Recreation, Cultural Arts & Entertainment) Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Dennis Andres, Executive Director, Morris Performing Arts Center, 211 N. Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Andres advised that this bill would allow for the appropriation of $35,000.00 within the Morris Performing Arts Center Improvement Fund (Fund 416). Revenues from this fund are generated by the ticket surcharge and the fund is used exclusively for capital improvements such as renovation, remodeling, and specifically here, equipment to improve the facilities. The appropriation will allow for the repair, service and replacement of boiler components in the mechanical room of the Morris Performing Arts Center. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kuspa made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Puzzello made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: __________________________ _______________________ John Voorde, City Clerk Roland Kelly, Chairperson, Committee of the Whole REGULAR MEETING RECONVENED 4 REGULAR MEETINGJULY 11, 2005 Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:25 p.m. Council President Charlotte D. Pfeifer presided with eight (8) members present. BILLS, THIRD READING ORDINANCE NO. 9600-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3610 EDISON ROAD, 3612 EDISON ROAD, 3618 EDISON ROAD AND 1315 HICKORY ROAD, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (8) ayes. ORDINANCE NO. 9601-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $35,000.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND, FUND NUMBER 416 This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (8) ayes. RESOLUTIONS RESOLUTION NO. 3485-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3702 WEST SAMPLE STREET, SUITE 1125 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TRIANGLE MACHINE, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2702 W. , Sample St., Suite 1125 South Bend, Indiana, and which is more particularly described as follows: Parcel of land, North West of North East Section 1637 2E. Containing 5.4021 2E acres or less. and which has Key Numbers 18-8112-421507, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and 5 REGULAR MEETINGJULY 11, 2005 WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal 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 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Ms. Mai Tran, 3702 W. Sample Street, South Bend, Indiana, made the presentation for this bill. Ms. Tran advised that Triangle Machine, Inc. is a manufacturer of precision-machined components. For the last two years, they have had to outsource work to other companies. The purchase of the new equipment will allow the work to be done locally at their facility and will generate additional revenue and create two new jobs. The estimated cost of the new equipment will be $253,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Rouse made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3486-05 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 1702 W. WASHINGTON STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR MANUFACTURING TECHNOLOGY, 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 1702 West Washington Street, South Bend, Indiana, and which is more particularly described as follows: 6 REGULAR MEETINGJULY 11, 2005 PARCEL 1: A lot or parcel of Land in the City of South Bend, located in the East Half of the Northeast Quarter of Section Number Ten (10), Township Number Thirty-seven (37) North, Range Number Two (2) East, bounded by a line running as follows, viz: Beginning at a point in the South Line of West Washington Avenue 7.58 feet West from a point where the West line of College Street extended South would intersect the South line of said West Washington Avenue thence South 208 feet; thence West 395.87 feet; thence North 208 feet to the South Line of Washington Avenue, thence East along the South line of Washington Avenue a distance of 395.87 feet to the place of beginning. PARCEL 2: Also, beginning at a point in the South line of West Washington Avenue 7.58 feet West from a point where the West line of College Street extended South would intersect the South line of Washington Avenue and being at the Northeast corner of the above described tract; thence South along the East line of the above described tract 293.6 feet to an iron stake; thence East 19.69 feet, more or less, to the Southwest corner of a tract of land conveyed to the South Bend Wholesale Drug Company by deed recorded in Deed Record 333 page 336; thence North 293.6 feet, more or less, to a point in the South line of West Washington Avenue 20 fee East of the place of beginning; thence West 20 feet to the place of beginning, subject, however, to a perpetual easement of right of way in common with the Grantees at all times and for all purposes over the following real estate for the use and benefit of the South Bend Drug Co., Inc.: A part of the East Half (1/2) of the Northeast Quarter (1/4) of Section Ten (10), Township Thirty-seven (37) North, Range Two (2) East, described as follows: Beginning at a point on the South line of Washington Avenue which is 389.87 feet West of a point which is 7.58 feet West from the West line of College Street extended South to the South line of Washington Avenue; thence due South 133.5 feet; thence Easterly 321.3 feet to a point 130.3 feet due South from the South line of Washington Avenue; thence in a Southeasterly direction 102 feet to an iron stake, which iron state is 208 feet due South from Washington Avenue; thence North 46.2 feet; thence in a Northwesterly direction 80.3 feet to a point 100.3 feet due South from the South line of Washington Avenue; thence Westerly 305.6 feet to a point due South 103.5 feet from the South line of Washington Avenue, thence North 103.5 feet to a point on the South line of Washington Avenue which is 30 feet East of the place of beginning, thence West 30 feet to the place of beginning; and which has Key Numbers18-2001-0002 and 18-2001-0005, be designated as an economic revitalization area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; 7 REGULAR MEETINGJULY 11, 2005 C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six (6)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 Councilmember Ann Puzzello, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. st Mr. Timothy Hernly, Barnes & Thornburg LLP, 600 1 Source Bank Center, 100 North Michigan Street, South Bend, Indiana, and Mr. Gig Young Controller, representing Manufacturing Technology, Inc., made the presentation for this bill. Mr. Hernly advised that the petitioner is a builder of friction welding equipment, used in the auto, aerospace, oil, agricultural, and medical fields. Manufacturing Technology plans to add a 10,200 square foot addition to their current building located at 1702 W. Washington Street. The project will cost $600,000. This will allow them the space they need to grow their business. Their current building is extremely cramped and they would 8 REGULAR MEETINGJULY 11, 2005 be required to build a new building if they do not add on to their current building. They prefer staying in their current location on the west side of South Bend. The project will retain nine (9) permanent jobs with an annual payroll of $285,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kuspa made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3487-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOW AS LOTS NUMBERED 1 THROUGH 17, LAFAYETTE FALLS SUBDIVISION, PHASE TWO AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 20000-21000 Block (South Side) of Kern Road, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 6522 Norton Court Lot 1 La Fayette Falls, Phase 2 01-1002-002308 or 1313 De Luna Way 6514 Morton Court Lot 2 La Fayette Falls, Phase 2 01-1002-002309 6468 Morton Court Lot 3 La Fayette Falls, Phase 2 01-1002-002310 6460 Morton Court Lot 4 La Fayette Falls, Phase 2 01-1002-002311 6452 Morton Court Lot 5 La Fayette Falls, Phase 2 01-1002-002312 6444 Morton Court Lot 6 La Fayette Falls, Phase 2 01-1002-002313 6447 Morton Court Lot 7 La Fayette Falls, Phase 2 01-1002-002314 6455 Morton Court Lot 8 La Fayette Falls, Phase 2 01-1002-002315 6463 Morton Court Lot 9 La Fayette Falls, Phase 2 01-1002-002316 6471 Morton Court Lot 10 La Fayette Falls, Phase 2 01-1002-002317 6515 Morton Court Lot 11 La Fayette Falls, Phase 2 01-1002-002318 6521 Morton Court Lot 12 La Fayette Falls, Phase 2 01-1002-002319 or 1331 De Luna Way 1336 De Luna Way Lot 13 La Fayette Falls, Phase 2 01-1002-002320 1328 De Luna Way Lot 14 La Fayette Falls, Phase 2 01-1002-002321 1320 De Luna Way Lot 15 La Fayette Falls, Phase 2 01-1002-002322 1312 De Luna Way Lot 16 La Fayette Falls, Phase 2 01-1002-002323 1304 De Luna Way Lot 17 La Fayette Falls, Phase 2 01-1002-002324 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and 9 REGULAR MEETINGJULY 11, 2005 WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1- 25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be 10 REGULAR MEETINGJULY 11, 2005 designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Ann Puzzello, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Derek Spier, Abonmarche Consultants, LLC, 750 Lincoln Way East, South Bend, Indiana, made the presentation for this bill on behalf of Kendall-Weiss, LLP, the developer of Lafayette Falls Subdivision. Mr. Spier advised that this is the third phase of the project that will develop seventeen (17) lots on 9.97 acres of total development that will eventually contain two hundred sixty-six (266) homes on 116.206 acres on the south side of Kern Road. This section of the development will include a pond, 641 linear feet of new streets, and the associated public and private utilities. The property was recently annexed into the City of South Bend. The homes will be stick-built, single family homes approximately 1,300 to 1,800 square feet. The homes will be constructed by Weiss-Homes Inc. The average cost of homes within this development is expected to be $167,647 with a total value for this phase of $2,850,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3488-05 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 NUMBERS 1a, 4, 8, 11, 12, 16, 18, 29, 34, 41, 42, 44 and 45 ROYAL OAK ESTATES SUBDIVISION, SECTION 1 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A 11 REGULAR MEETINGJULY 11, 2005 FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR D & H HOME BUILDERS, INC. WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as Lots 1a, 4, 8, 11, 12, 16, 18, 29, 34, 41, 42, 44 and 45 Royal Oak Estates Subdivision, Section 1, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 5569 Buckhorn Dr. Lot 1a Royal Oak Estates, Section 1 23-1238- 038111 5655 Buckhorn Dr. Lot 4 Royal Oak Estates, Section 1 23-1238- 038114 533 Hildebrand St. Lot 8 Royal Oak Estates, Section 1 23-1238- 038118 612 Hildebrand St. Lot 11 Royal Oak Estates, Section 1 23-1238- 038121 656 Hildebrand St. Lot 12 Royal Oak Estates, Section 1 23-1238- 038122 or 5695 Buckhorn Dr. (corner lot) 5619 Yellow Wood Dr. Lot 16 Royal Oak Estates, Section 1 23-1238- 038126 or 762 Boxwood Dr. North (corner lot) 5677 Yellow Wood Dr. Lot 18 Royal Oak Estates, Section 1 23-1238- 038128 839 Nutmeg Court Lot 29 Royal Oak Estates, Section 1 23-1238- 038129 5740 Boxwood Dr. Lot 34 Royal Oak Estates, Section 1 23-1238- 038144 815 Boxwood Dr. North Lot 41 Royal Oak Estates, Section 1 23-1238- 038151 805 Boxwood Dr. North Lot 42 Royal Oak Estates, Section 1 23-1238- 038152 735 Boxwood Dr. North Lot 44 Royal Oak Estates, Section 1 23-1238- 038154 719 Boxwood Dr. North Lot 45 Royal Oak Estates, Section 1 23-1238- 038155 or 5590 Buckhorn Drive (corner lot) be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. 12 REGULAR MEETINGJULY 11, 2005 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 D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published 13 REGULAR MEETINGJULY 11, 2005 pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Ann Puzzello, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of D&H Home Builders, the owners and developers of the Royal Oak Estates Subdivision. Mr. Feeney advised that the petitioner proposes to build thirteen new single-family homes on lots, 4, 8, 11, 12, 16, 18, 29, 34, 41, 42, 44 and 45 of Royal Oak Estates, Section 1 subdivision. The homes will be between 1,700 and 3,000 square feet each with three to four bedrooms on a full basement with a two car attached garage. The average cost of each new home will be $200,000 making the total project cost in excess of $2,600,000. BILLS, FIRST READING BILL NO. 42-05 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1951 E. FOX, COUNCILMANIC DISTRICT (5) IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS There was no new business to come before the Council at this time. NEW BUSINESS UPDATES FROM COUNCILMEMBER’S SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS Councilmember Kelly, Joint Committee Member, College Football Hall of Fame, advised that there was discussion about Arlington, Texas bidding to move the CFHF. However, Councilmember Kelly stated that this was not the case and the CFHF will remain in South Bend. PRIVILEGE OF THE FLOOR COMMENTS BY MR. JIM CIERZNIAK CONCERNING THE COLLEGE FOOTBALL HALL OF FAME Mr. Cierzniak, 1156 E. Victoria Street, South Bend, Indiana, thanked Councilmember White for a very precise and pithy report.Mr. Cierzniak proceeded to advise that the College Football Hall of Fame (CFHF) is probably going to move, but he would not 14 REGULAR MEETINGJULY 11, 2005 make that conclusion. The South Bend Tribune Editorial that was published today about thth the 20 or 30 one that they have printing trying to flag that broken down horse (CFHF) The article was misleading and ill-informed. Mr. Cierzniak pointed out a few of the reasons. The Hall has not quite lived up to the expectations heaped upon it. The word quite, that fits the White Sox game yesterday, they came from behind but they couldn’t quite make it, they lost by a run. No so with the Hall of Fame. The Hall of Fame between 1996 and 2003 was supposed to raise and profit by 2.8 million dollars. During that time period it lost 7.5 million dollars. The situation was no better and the Hall was supposed to bring in 550,000 in revenue and income, it lost about 1.1 million dollars. Never quite lived up to expectations, oh how close it came! Then redevelopment business brought in and they believed that the hall has been critical catalyst in helping to redevelop downtown. Chocolate Café, The Vine Restaurant and LePeeP Restaurant are all three brought in by the Hall of Fame. That was the Tribune’s thought in their article. Mr. Cierzniak advised that that would wonderful news to the owners of those businesses to realize that it was the Hall of Fame that made it possible for them to succeed in South Bend. Then the editorial writer goes on to say that the City of South Bend has bent over backwards to accommodate the hall. Sorry they got that wrong, we bent over forwards and have been in that position for quite some time. Lastly, the mayor said that before any new contract is entered into, it must be explained what the long term prognosis of the contract for the hall is and what it will mean to taxpayers. Mr. Cierzniak stated that he can explain that right now. The entire contract is not being renegotiated, we are under a general agreement which is for forty years, ten of which have elapsed, so for the next thirty years, we are basically under a contract, that says the City of South Bend will carry all the responsibility for the financing and operation of the Hall of Fame. Now, when will people understand that? That is not being negotiated, the only thing that we can have negotiations on is that if the NFF would suddenly say “You know we have got you over a barrel, this is the most unequal type of contract and we gonna let you out of it and we are going to come up with something fair.” They are not going to do that, of course! We know how the NFF operates, so the idea that somehow we are really negotiating from any kind of situation of strength is just not right. We are tied to the general agreement and what it comes down to is and it has been said before that the NFF has two choices here and it is their choice it is not the City’s. The first choice is that the City goes back to the general agreement and the City takes over the hall and runs it once again. That is a formula for a million dollars of lose each year in operations, or the NFF can takes its operation and go elsewhere, take all of its exhibits pay the City a $1.00 for that and in the process we will owe them about 1.9 million dollars which they have loaned us! That is the other alternative which the NFF has. The City of South Bend has no real bargaining position in this negotiation and for the South Bend Tribune to imply that the City’s does is simply wrong! ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 7:45 p.m. ATTEST: ATTEST: _____________________________ _________________________ John Voorde, City Clerk Charlotte D. Pfeifer, President 15