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HomeMy WebLinkAbout08-08-05 Council Meeting Minutes REGULAR MEETINGAUGUST 8, 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, August 8, 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 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 July 25, 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 July 25, 2005, meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS BILL NO. 05-96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DESIGNATING AND ESTABLISHING 401 EAST INDIANA AVENUE AN HISTORICALLY SIGNIFICANT BUILDING Councilmember White made a motion to continue this bill until the end of the Council Meeting, due to the lack of a presenter at this time. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. ANNOUNCEMENT OF APPOINTMENT TO THE REDEVELOPMENT COMMISSION Councilmember Puzzello announced the appointment of Mr. William Hojnacki to the Redevelopment Commission. ANNOUNCEMENT OF APPOINTMENT TO THE HISTORIC PRESERVATION COMMISSION Councilmember Varner announced the appointment of Mr. Todd Zeiger to the Historic Preservation Commission. 1 REGULAR MEETINGAUGUST 8, 2005 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 p.m., Councilmember Kuspa made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember 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. 34-05 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3400 BLOCK OF NORTHSIDE BOULEVARD, SOUTH BEND, INDIANA 46615, COUNCILMANIC DISTRICT #3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to continue this bill until the October 10, 2005 meeting of the Council, at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 35-05 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 2100 BLOCK OF EDISON ROAD & OAK PARK DRIVE AND 1345 & 1357 NORTH IRONWOOD DRIVE, SOUTH BEND, INDIANA 46615, COUNCILMANIC DISTRICT NO. 4 IN THE 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. P. J. Thuringer, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, residing at 1823 N. Adams, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Thuringer advised that the petitioner is requesting to rezone 1.5 acres from “SF1” Single Family and Two Family and “LB” Local Business to “LB” to construct a Walgreens with a drive-thru pharmacy window. On site is a multi-tenant business- professional office building that will be torn down in order to construct a new Walgreen’s pharmacy. To the north across Edison Road there is a vacant building zoned “CB” Community Business, and a house zoned “SF1”. On the east side of Ironwood Drive north of Edison Road there is a flower store, a restaurant, and funeral homes zoned “CB”. To the east across Ironwood Drive, there is a CVS pharmacy, and a crafts store zoned “LB” Local Business. To the south across Oak Park Drive on the west side of Ironwood Drive is a dentist office, and an investigator office zoned “OB” Office Buffer. To the west on the south side of Edison Road, there is a restaurant zoned “LB” and an optometrist office zoned “OB” Office Buffer. There are single-family houses adjacent to Oak Park Drive zoned “SF1”. 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. Walgreen’s proposes a one-story building 14,820 square feet in size covering 22% of the 1.5-acre lot. Sixty parking spaces and vehicle driving aisles will cover 66% of the lot. Twelve percent 2 REGULAR MEETINGAUGUST 8, 2005 (12%) will be open space landscaping. Vehicle access will be from Ironwood Drive and Edison Road; there is no driveway curb cut adjacent to Oak Park Drive. A drive-through pharmacy window is shown 25 feet from the west side property line. Screened trash dumpsters are shown on the south side of the building. A 6-foot high masonry decorative wall and landscape screening are proposed on the western and southern property lines. There is perimeter landscaping adjacent to Ironwood Drive and Edison Road, and interior landscaped islands in the parking lot. Drainage surface runoff will be handled through the use of onsite retention. The land uses at the intersection of Ironwood Drive and Edison Road are commercial-professional office. Ironwood Drive and Edison Road have four lanes with center turning lanes at their intersection. Oak Park Drive has 28 feet of pavement width within a 60 foot right-of-way. City water and sewer are available to the property. The rezoning is consistent with the Comprehensive Plan economic policy and Land Use Plan. Based on this information, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. The Area Plan Commission at its public hearing on Tuesday, July 19, 2005 sends this bill to the Common Council with a favorable recommendation. Mr. Steven Studer, Attorney at Law, 53732 Generations Drive, South Bend, Indiana, made the presentation for the petitioners. Mr. Studer advised that the petitioners Ronald L. Snyder and Anthony M. Zappia are requesting a zoning change for property located in the 2100 Block of Edison Road & Oak Park Drive and at 1345 & 1357 North Ironwood Drive, South Bend, Indiana. This rezoning will allow for the construction of a Pharmacy with a drive-thru window. Mr. Studer stated that no liquor would be sold at this location. He further noted that full cut- off lighting would be used. Mr. Michael J. Danch, President, Danch, Harner & Associates, 2422 Viridian Drive, Suite 201, South Bend, Indiana, further noted that the petitioners would be using screening and extensive landscaping. The parkway will be re-landscaped will the South Bend Park Department planting trees in the parkway area. Mr. Danch noted that this type of development would fit well along this portion of North Ironwood Drive and Edison Road with the existing mixed uses that are present. 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 Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 36-05 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF THE NORTHSIDE OF EAST DOUGLAS ROAD, SOUTH BEND, INDIANA 46635, COUNCILMANIC DISTRICT NO. 4 IN THE 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. Mr. P. J. Thuringer, Staff Member, Area Plan Commission, 1823 N. Adams, South Bend, Indiana, presented the report from the Commission. Mr. Thuringer advised that the Petitioner is requesting a zone change from “OB” Office Buffer and “CB” Community Business to “CB” Community Business to allow for a medical retail facility. On site is vacant, undeveloped, flat land. To the north are single- family homes in the County zoned “R” Residential. To the east is undeveloped land in 3 REGULAR MEETINGAUGUST 8, 2005 the City of Mishawaka zoned “S-2” Planned United Development. To the south are: single-family homes zoned “R” Residential (county), undeveloped land zoned “OB” Office Buffer in the City of South Bend and a dance studio zoned “LB” Local Business in the City of South Bend. To the west are single-family homes zoned “R” Residential (county). The “CB” Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users, which may include limited amounts of outdoor sales or outdoor operations. The preliminary site plan shows a 1-story building 49,100 square feet in size covering 24% of the 4.64 acre parcel. The 254 parking spaces, drives, and loading area cover 63% of the site. The remaining 13% of the site is open space. Perimeter and parking lot landscape screening are shown on the north and west sides of the property. Two driveway access points are shown adjacent to Douglas Road, one of which is proposed for shared vehicle access with the adjacent eastern lot. This seems to be an expansion of the medical office and medical-retail uses that have come into existence in the last few years at the intersection of Douglas Road and S.R. 23. Douglas Road is a two-land road at this location. According to the MACOG Traffic Volume Counting Program, Douglas Rod east of S.R. 23. Douglas Road is a two-lane road at this location. According to the MACOG Traffic Volume Counting Program, Douglas Road east of S.R. 23 carried 13,824 cars per day in 2003. There will be an acceleration/deceleration lane between the two driveways. The site will be served by the City of Mishawaka water and sanitary sewer. The staff recommends that this bill be sent to the Common Council with a favorable recommendation. The Area Plan Commission at its July 19, 2005 meeting voted to send this bill to the Council with a favorable recommendation. Mr. Michael J. Danch, President, Danch, Harner & Associates, Inc., 2422 Viridian Drive, South Bend, Indiana, representing the property owner Eclipse LLC, made the presentation for this bill. Mr. Danch advised that the petitioner is requesting a zoning change in the 3500 Block of the North side of Douglas Road, South Bend, Indiana, to allow for the construction of a Medical Retail facility. Mr. Danch stated that his client believes that this type of development would fit well along this portion of Douglas Road with the existing mixed uses that are present. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 37-05 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF THE SOUTH SIDE OF EAST DOUGLAS ROAD, SOUTH BEND, INDIANA 46635, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this committee met on this substituted bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Mr. P. J. Thuringer, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, residing at 1843 N. Adams, South Bend, Indiana, presented the report from the Area Plan Commission. 4 REGULAR MEETINGAUGUST 8, 2005 Mr. Thuringer advised that the petitioner is requesting to rezone 12.31 acres from “SF1” Single Family and Two Family and “OB” Office Buffer to “CB” Community Business to construct 5 retail and 1 medical building. On site is vacant, flat land divided between City “SF1” Single and Two Family, and “OB” Office Buffer. To the north across Douglas Road is vacant land zoned City “CB” Community Business, and “OB” Office Buffer. On the north side of Douglas Road near its intersection with State Road 23 is a bank in the County zoned “C” Commercial, and two single-family houses in the County zoned “R” Single Family. On the north side of Douglas Road east of the site requesting rezoning, there is vacant land in Mishawaka zoned “S-2” PUD, a single-family house in County zoned “R” Residential. To the east on the south side of Douglas road is a dance school zoned “:B” Local Business, two single-family houses in the County zoned “R” Residential, and a mobile home park in Mishawaka zoned “R-4” Residential. To the south there is vacant property in the City zoned “SF1” Single and Two Family, and single family houses adjacent to McErlain Street in the County zoned “R” Single Family. To the west on the south side of Douglas Road, there are single-family houses in the County zoned “R” Single Family. The “CB” Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users, which may include limited amount of outdoor sales or outdoor operations. The preliminary site plan area total 12.31 acres.Five one-story retail buildings and one two-story medical building are shown. The retail building covers 10,500 square feet each, and the medical building covers 11,200 square feet for a combined 12% lot coverage. The 294 parking spaces, vehicle driving aisles, and sidewalks cover 35% of the lot, and the landscaping-open space covers 53%. Sidewalks will connect the parking spaces to the buildings. Two driveways are shown on Douglas Road, there is no vehicle access proposed from the residential Elkins or McErlain Streets. Perimeter landscaping is shown. The land uses adjacent to Douglas Road between State Road 23 and Grape Road are transitioning from residential to commercial. Douglas Road is a two-lane road with a center turning lane at its intersection with State Road 23. It is straight adjacent to the site for providing unobstructed sight distance. City water and sewer will be provided to serve the site; however, the Cities of South Bend and Mishawaka are in discussion concerning which city will provide it. The Staff recommends that the Area Plan Commission send this to the Common Council with an unfavorable recommendation unless the majority of the property currently zoned “SF1” Single-Family is deleted from the petition. The Area Plan Commission at its public hearing on Tuesday, July 19, 2005 sends this bill to the Common Council with a favorable recommendation, subject to Written Commitments prohibiting controlled uses from the property and limiting commercial activity to the buildings along Douglas Road. Mr. Michael J. Danch, President, Danch, Harner & Associates, Inc., 2422 Viridian Drive, South Bend, Indiana, representing the property owners Richard & Ann LaFree made the presentation for this bill. Mr. Danch advised that the property sought to be rezoned is located at the 3500 block of the south side of Douglas Road, South Bend, Indiana. The petitioners are requesting a zone change from “SF1” Single Family and Two Family District & “OB” Office Buffer District to “CB” Community Business District to allow for medical office and retail facilities. The utilities in this particular case are going to be served by the City of South Bend. Mr. Danch further advised that the petitioner has been working with the City to get the sewer extended from approximately where the Foundation Center is west of S.R. 23, along the south side of Douglas Road to this location. The site would be serviced by a gravity line. There is water available at this location. Mr. Danch stated that they sent a form to the DNR for them to review this site in relation to Juday Creek to determine whether they were in a floodway or floodplain. They did do a topography survey, and found that for the 100 –year flood plain, that line is farther south. There has been a determination from the DNR that basically the portion on the south end of this property is in a flood fringe area and would not require any permits for the parking area or for the building. They would just have to meet the flood plain regulation, which basically is wherever your finished floor is; it would have to be at least two feet above that. From the landscaping standpoint, they will meet all of the landscape standards. The petitioners own all of the property adjacent to this, to the south and the southwest will be maintained as single family. Mr. Danch stated that the petitioner is willing to do a written 5 REGULAR MEETINGAUGUST 8, 2005 commitment prohibiting controlled uses from the property and limiting commercial activity to the buildings along Douglas Road. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Noel Yarger, 17180 McErlain Street, South Bend, Indiana, stated that as long as the petitioner is willing to agree to the written commitments and those commitments are not removed he is in favor of this development. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill Councilmember Rouse made a motion for favorable recommendation to full Council concerning this bill as substituted, subject to Written Commitments prohibiting controlled uses from the property and limiting commercial activity to the buildings along Douglas Road. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 44-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING RATES TO BE CHARGED AT MUNICIPALLY OWNED OR OPERATED PARKING LOTS Councilmember Kelly, Chairperson, Personnel & Finance Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Tim Williams, Staff Member, Community & Economic Development, 1200 County- City Building, South Bend, Indiana, made the presentation for this bill. Mr. Williams advised that this bill would allow for the fixing of rates at City owned or operated parking lots. The Redevelopment staff request that the hourly rate charged for parking at 225 S. Main Street and 121 S. St. Joseph Street be established at $3.25 and $5.00 respectively. Both of these lots are owned by the Redevelopment Commission and are being held as possible development sites. Both are operated by AMPCO System Parking on behalf of the Commission. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Kirsits made a motion to rise and report to the full Council. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _______________________ ______________________ John Voorde, City Clerk Roland Kelly, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:40 p.m. Council President Pfeifer presided with nine (9) members present. 6 REGULAR MEETINGAUGUST 8, 2005 BILLS, THIRD READING ORDINANCE NO. 9604-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH AND TO REZONE CERTAIN LAND WITHIN THE CITY OF SOUTH BEND, INDIANA, LT LEASECO, LLC, 6302 U.S. 31 SOUTH, SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9605-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 2100 BLOCK OF EDISON ROAD & OAK PARK DRIVE AND 1345 & 1357 NORTH IRONWOOD DRIVE, SOUTH BEND, INDIANA 46615, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9606-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF THE NORTH SIDE OF EAST DOUGLAS ROAD, SOUTH BEND, INDIANA 46635, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9607-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF THE SOUTH SIDE OF EAST DOUGLAS ROAD, SOUTH BEND, INDIANA 46635, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White made a motion to accept the substitute bill, seconded by Councilmember Varner. The motion carried. Councilmember Varner made a motion to pass this bill, as substituted, and subject to Written Commitments prohibiting controlled uses from the property and limiting commercial activity to the buildings along Douglas Road. Councilmember Dieter seconded the motion. The bill passed by a roll call vote of nine ayes. 7 REGULAR MEETINGAUGUST 8, 2005 ORDINANCE NO. 9608-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING RATES TO BE CHARGED AT MUNICIPALLY OWNED OR OPERATED PARKING LOTS This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3499-05 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 608 & 614 S. EDDY STREET WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a special exception be granted for the property located at 608 & 614 S. Eddy Street in order to permit Residential (2) two-family dwelling in “OB” zone. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 8 REGULAR MEETINGAUGUST 8, 2005 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Don Fozo, C.B.O., Building Commissioner, City of South Bend and St. Joseph County, 125 S. Lafayette Blvd, Suite 100, South Bend, Indiana, gave the Board of Zoning Appeals report. Mr. Fozo advised that the petitioners are seeking a special exception to allow a two family dwelling in “OB” Office Buffer district, on property located at 608-614 S. Eddy Street. The Board of Zoning Appeals held a public hearing on July 21, 2005 and sends this bill to the Common Council with a favorable recommendation. Mr. Eric Tanner, 23665 Fillmore Road, South Bend, Indiana, made the presentation for this bill. Mr. Tanner advised that he is also representing his sisters Lori Capell and Lisa Kuehn who live out of town. This was a family property that they had inherited and have sought a purchaser and found one. However, they wish to change the dental office to a residence and need the zoning changed in order to do so. 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 Varner made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3500-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 115 SOUTH HILL STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR ANCATRICE, LLC (OMICRON BIOCHEMICALS, 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 115 South Hill Street, South Bend, Indiana, and which is more particularly described as follows: 9 REGULAR MEETINGAUGUST 8, 2005 Lot Numbered One Hundred Sixty-six (166) as shown on the recorded Plat of Samuel L. Cottrell’s First Addition to the Town of Lowell, now part of the City of South Bend, recorded April 28, 1854 in Plat Book “T”, page 236 in the Office of the Recorder of St. Joseph County, Indiana. and which has Key Number 18-5010-0300, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of seven (7) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Mr. Anthony Serianni, 12698 New Road, Wakarusa, Indiana, made the presentation for this bill. Mr. Serianni advised that Omicron Biochemicals is a manufacturer of specialty stable isotopically labeled biological molecules for use in chemical, biochemical, biological, medical and clinical investigations. The building located at 115 S. Hill Street will be re- roofed, install new windows, recondition the exterior surface, seal exterior door openings and replace with new doors; remodel bathrooms, build new research laboratories and remodel the front office. The cost of the project will be $200,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 05-98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND INDIANA, COMMONLY KNOWN AS 3021 WEST CALVERT STREET AND 3025 WEST 10 REGULAR MEETINGAUGUST 8, 2005 CALVERT STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN HOMES BY E.L., INC., G & M PROPERTIES Councilmember Puzzello made a motion to continue this bill until the end of the Resolution Portion of the meeting, to allow time for the petitioner to be present. Councilmember White seconded the motion, which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3501-05 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 3230 TOPSFIELD ROAD AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MARVIN L. WARD 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 3230 Topsfield Road, South Bend, Indiana, and which is more particularly described as follows: Lot 13 Deer Run at Topsfield Section One Split out of 26-1001-000131 93-94 , and this property has a Tax Key Number 26-1001-000135be 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. 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 11 REGULAR MEETINGAUGUST 8, 2005 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 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. 12 REGULAR MEETINGAUGUST 8, 2005 s/Charlotte D. Pfeifer Member of the Common Council Mr. Marvin L. Ward, 6206 Miami Street, South Bend, Indiana, made the presentation for this bill. Mr. Ward advised that he is planning to build a 4,200 square foot home with a finished lower level. The home will have a family room, office, formal dining room, large kitchen and four bedrooms with an attached garage. The cost of the home will be around $500,000. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3502-05 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 WOODHAVEN PHASE 2 LOTS 20 THROUGH 36, 122, 123, AND 152 THROUGH 156 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR WOODHAVEN, LLC 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 areas commonly known as a parcel of land being a part of the West Half of the Northeast Quarter of , Section 22, Township 37 North, Range 2 EastSouth Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 2205 Irvington Drive Lot 20 Woodhaven Phase 2 18-8154-554536 or 2632 Stansbury Drive 2215 Irvington Drive Lot 21 Woodhaven Phase 2 18-8154-554537 or 2630 Bailey Court 2622 Bailey Court Lot 22 Woodhaven Phase 2 18-8154-554538 2614 Bailey Court Lot 23 Woodhaven Phase 2 18-8154-554539 2615 Bailey Court Lot 24 Woodhaven Phase 2 18-8154-554540 2625 Bailey Court Lot 25 Woodhaven Phase 2 18-8154-554541 2311 Irvington Drive Lot 26 Woodhaven Phase 2 18-8154-554542 or 2633 Bailey Court 2314 Irvington Drive Lot 27 Woodhaven Phase 2 18-8154-554543 2306 Irvington Drive Lot 28 Woodhaven Phase 2 18-8154-554544 2228 Irvington Drive Lot 29 Woodhaven Phase 2 18-8154-554545 2220 Irvington Drive Lot 30 Woodhaven Phase 2 18-8154-554546 2212 Irvington Drive Lot 31 Woodhaven Phase 2 18-8154-554547 2204 Irvington Drive Lot 32 Woodhaven Phase 2 18-8154-554548 2140 Irvington Drive Lot 33 Woodhaven Phase 2 18-8154-554549 2132 Irvington Drive Lot 34 Woodhaven Phase 2 18-8154-554550 2124 Irvington Drive Lot 35 Woodhaven Phase 2 18-8154-554551 2118 Irvington Drive Lot 36 Woodhaven Phase 2 18-8154-554552 13 REGULAR MEETINGAUGUST 8, 2005 or 2703 Emerson Forest Parkway 2706 Emerson Forest Parkway Lot 122 Woodhaven Phase 2 18-8154-554553 or 2103 Baltimore Drive 2736 Emerson Forest Parkway Lot 123 Woodhaven Phase 2 18-8154-554554 or 2102 Downing Circle 2628 Emerson Forest Parkway Lot 152 Woodhaven Phase 2 18-8154-554555 or 2103 Downing Circle 2629 Emerson Forest Parkway Lot 153 Woodhaven Phase 2 18-8154-554556 2635 Emerson Forest Parkway Lot 154 Woodhaven Phase 2 18-8154-554557 or 2115 Irvington Drive 2123 Irvington Drive Lot 155 Woodhaven Phase 2 18-8154-554558 2131 Irvington Drive Lot 156 Woodhaven Phase 2 18-8154-554559 or 2636 Stansbury Drive 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. 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. 14 REGULAR MEETINGAUGUST 8, 2005 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 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 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 the owner Woodhaven, LLC. Mr. Feeney advised that Woodhaven, LLC will construct twenty (20) new homes. The homes will be single-family homes approximately 1,000 to 1,200 square feet. The cost of the homes will be around $135,000 each with a total project cost of $3,240,000. 15 REGULAR MEETINGAUGUST 8, 2005 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 Varner made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3503-05 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 624 COTTAGE GROVE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR NEAR NORTHWEST NEIGHBORHOOD, 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 areas commonly , known as 624 Cottage GroveSouth Bend, Indiana, and which are more particularly described as follows: Lot 16 Cushing & Lindsey Subdivision. , and this property has a Tax Key Number 18-1067-2854be 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. 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 16 REGULAR MEETINGAUGUST 8, 2005 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 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 17 REGULAR MEETINGAUGUST 8, 2005 Councilmember 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. Ms. Karen Ainsley, 1007 Portage Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Ainsley advised that the Near Northwest Neighborhood, Inc., will construct a new home. The home will be approximately 1,120 to 1,300 square feet single family home. The home will consist of three bedrooms, five total rooms, and full basement with an attached garage. The home will be on 50 foot by 128-foot lot. The cost of the home will be $95,000.00. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3504-05 A RESOLUTION WAIVING THE REQUIRED FILING DATE OF MAY 15, 2002 AND ACCEPTANCE OF THE DEDUCTION APPLICATION OF THE LATE FILING OF DEDUCTION APPLICATION FOR THE NEW MANUFACTURING EQUIPMENT LOCATED IN AN ECONOMIC REVITALIZATION AREA FILED UNDER RESOLUTION 2621-98 FOR OTD CORPORATION LOCATED AT 3722 FOUNDATION COURT Whereas, The State of Indiana, County of St. Joseph, Adopted by the Common Council of the City of South Bend, Indiana commonly known as 3722 Foundation Court, South Bend, Indiana had adopted RESOLUTION 2621-98, pursuant to Indiana Code 6-1.1- 12.1to be an economic revitalization area for purposes of five (5) year personal tax abatement for O-T-D Corporation. Whereas, Resolution 2621-98 was presented and adopted by the Common Council May 11, 1998. Mr. William Guinn as petitioner representative was in attendance. Whereas, the Application for Deduction from Assessed Valuation for New Manufacturing Equipment in Economic Revitalization area was prepared and mailed on May 29, 2002 and filed by the city clerk’s office on June 3, 2002. Whereas, the Petitioner has presented substantial evidence to the Common Council that exigent circumstances existed to prepare the Application for Deduction from Assessed Valuation for New Manufacturing Equipment in Economic Revitalization Area Now, therefore be it resolved by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. The petitioner has presented testimonial evidence of the following facts in support of this resolution: A. The deduction application was received by the Clerks Office on June 3, 2002, having been due on May 15th, 2002, was late due to unusual circumstances and under Indiana code 6-1.1-12.1-4.8 be accepted. B. In 2001, O-T-D Corporation purchased a new accounting and manufacturing software program. 18 REGULAR MEETINGAUGUST 8, 2005 C. O-T-D Corporation had lost key personnel in accounting and other levels due to downsizing, including but not limited to the Chief Operation Officer, Mr. William Guinn. D. Mr. Don Ureel, Chief Financial Officer, having suffered a stroke December 1999 had retained asset documentation in the Hinsdale, IL office. E. The assumption of accounting records from Mr. Ureel’s office in Hinsdale, IL in June 2001, it became apparent that a major audit of our fixed assets (personal property) was required. F. The audit required going through invoices and cancelled checks back to 1972 in order to identify which equipment was still in use, what was the original cost and purchase date of each. This process changed the number of identified assets from 36 (lumped by annual dollars) to 254 (individual items) for calendar years 1972 to 1998. G. The combined volume of records being reviewed, installation and initialization of the new software and lack of personnel delayed preparation of the Application for Deduction from Assessed Valuation for New Manufacturing Equipment in Economic Revitalization Area. H. The responsibility for these tasks lay on one (1) person, along with the continual daily accounting functions. SECTION II. The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive the filing deadline. SECTION III. The Common Council hereby waives the filing deadline of May 15th 2002 and pursuant to Indiana Code 6-1.1-12.1-4.8 adopts this resolution that authorizes acceptance. s/Charlotte D. Pfeifer Member of the Common Council Councilmember 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. Ms. Jean Chapman, Controller, OTD Corporation, 3722 Foundation Court, South Bend, Indiana, made the presentation for this bill. Ms. Chapman advised that the OTD Corporation was approved for a five-year personal property tax abatement on May 11, 1998, through resolution number 2621-98. OTD filed their 2002 annual deduction application with the State of Indiana late. The filing deadline was May 15, 2002, the petition was signed on May 29, 2002 and it was received by the Department of Local Government Finance of June 3, 2002. The abatement was denied by the State. OTD is requesting a resolution from the Common Council waiving the filing date for the Deduction Application. The OTD Corporation purchased a new accounting and manufacturing software program and lost key personnel in accounting and other levels due to downsizing, including the Chief Operation Officer, Mr. William Guinn. Mr. Don Ureel, Chief Financial Officer, suffered a stroke in December 1999 and had retained asset documentation in the Hinsdale, IL office. In June 2001, OTD gained the assumption of accounting records from Mr. Ureel’s office in Hinsdale, IL. It became apparent that a major audit of the company’s fixed assets (personal property) was required. The audit required going through invoices and cancelled checks back to 1972 in order to identify which equipment was still in use, what was the original cost and purchase date of each. Ms. Chapman stated that the combined volume of records being reviewed, installation and initialization of new software and lack of personnel delayed preparation of the Application for Deduction from Assessed Valuation for New Manufacturing Equipment. A Public Hearing was held on the Resolution at this time. 19 REGULAR MEETINGAUGUST 8, 2005 There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 05-96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DESIGNATING AND ESTABLISHING 401 EAST INDIANA AVENUE AN HISTORICALLY SIGNIFICANT BUILDING Councilmember Puzzello made a motion to continue this bill until the August 22, 2005 meeting of the Council, due to the lack of a presenter. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 05-98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND INDIANA, COMMONLY KNOWN AS 3021 WEST CALVERT STREET AND 3025 WEST CALVERT STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN HOMES BY E.L., INC., G & M PROPERTIES Councilmember Varner made a motion to continue this bill until the August 22, 2005 meeting of the Council, due to the lack of a presenter. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILLS, FIRST READING BILL NO. 45-05 FIRST READING 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, CERTAIN LAND LOCATED AT THE SOUTHWEST CORNER OF BRICK ROAD & PORTAGE ROAD, MARY ANN POWELL & SALLY DUNN, COUNCILMANIC DISTRICT NO. 1, GERMAN TOWNSHIP, SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Second Reading on September 12, 2005 and Third Reading on September 26, 2005. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 46-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING THE SOUTH BEND MUNICIPAL CODE, CHAPTER 2, ARTICLE 8, CONCERNING OFFICER AND EMPLOYEE VACATIONS AND OTHER BENEFITS 20 REGULAR MEETINGAUGUST 8, 2005 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on August 22, 2005. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 47-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 2, RESIDENTIAL DISTRICTS, TO ALLOW TEMPORARY SALES OFFICES FOR RESIDENTIAL SUBDIVISIONS; TO ADD USES TO THE MF1 URBAN CORRIDOR MULTIFAMILY, MF2 HIGH DENSITY RESIDENTIAL, MU MIXED USE, LB LOCAL BUSINESS; CB COMMUNITY BUSINESS, CBD CENTRAL BUSINESS DISTRICT, GB GENERAL BUSINESS, LI LIGHT INDUSTRIAL AND GI GENERAL INDUSTRIAL DISTRICTS; CLARIFY FENCING REGULATIONS IN THE U UNIVERSITY DISTRICT; CLARIFY LANDSCAPING REQUIREMENTS; MODIFY THE DEFINITION OF SPECIAL EVENTS; AND CLARIFY THE DISPLAY OF POLITICAL SIGNS This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS Council President Pfeifer stated that at the August 22, 2005 meeting of the Council, she would announce vacancies on the various boards and commissions that the Council makes those appointments. She stated that anyone interested in applying could send a letter to the City Clerk’s Office. Council President Pfeifer also advised that the Council is seeking Citizen Member’s to apply for positions on the various Standing Committees that the Council chairs. Anyone interested in applying for the Standing Committees can pick up the application forms in the City Clerk’s Office. Councilmember Puzzello suggested that appointments be made under the Special Business Portion of the agenda. Councilmember Rouse stated that he is the Council representative on the Waste Management Board. He is pleased to report that Mark Mehall, Director of Waste Management is preparing the 2006 Budget and that they are right on track with keeping within their budget. PRIVILEGE OF THE FLOOR COMMENTS CONCERNING THE CATHOLIC WORKER HOME ON W. WASHINGTON STREET Ms. Mannix, 724 W. Washington Street, South Bend, Indiana, informed the Council that the Catholic Worker House located on West Washington Street is an unstructured environment with frequent changes in people staying there. The people are panhandling 21 REGULAR MEETINGAUGUST 8, 2005 the residents in the neighborhood for money and food. Ms. Mannix stated that this is clearly a violation of the zoning ordinance and asked the City to get involved. She suggested sending a representative to the neighborhood meeting. Councilmember Kirsits asked Ms. Mannix if she has contacted Code Enforcement. Ms. Mannix stated that she was not sure if Code Enforcement had responded. Rachel Thomas-Morgan, 114 South Chapin Street, South Bend, Indiana. Ms. Thomas- Morgan stated that she has lived in the Neighborhood since 2000. Her parish is St. Augustine Church. She and her husband and children admire the people who live in the neighborhood. The neighborhood where the Catholic Worker Home is located has embraced diversity. It is an area of the City that has overcome challenges before. The neighborhood should be held as a model for how neighbors respect each other. However, the issue of the Catholic Worker House located on West Washington Street is clearly a violation of the zoning ordinance. The homes are zoned for single-family dwellings. The Catholic Worker has housed up to forty (40) people and is feeding up to sixty (60) people a night. It is clear that this property is inadequate to accommodate housing and feeding that many people. The health, welfare and safety of the residents is a major concern of everyone who lives in the neighborhood. Ms. Thomas-Morgan asked the Council for their support and pay attention to what is happening at the Catholic Worker Home. She pleaded for the Council’s serious consideration to take this to a special committee, Rev. Rouse’s Residential Neighborhood Committee, has been assigned this topic. The neighbors greatly appreciate the support from their Council representative Charlotte Pfeifer. As neighbors, we are here to share our concerns about this issue and would be very happy to provide more information at a later date when asked. Ms. Noreen Dean-Moran, 716 W. Colfax, South Bend, Indiana. Ms. Dean-Moran stated that at the Council Meeting on June 27, 2005, she brought up this issue and Councilmember Rouse was happy and they entertained a long conversation. She has sent him a lengthy bit of information today, which goes through the whole history of everything. Actually they have been there 2 ½ to 3 years. Code has told them to get out; Code gave them a ticket in November of $50.00, but has not continued the additional monetary fines. They have not paid it. The City has decided to do nothing as far as we can see. She stated that there are people who have no right to be there, no purpose to be there, fall under no legal thing and have been allowed to sit there, with the City’s knowledge for 2 ½ years. She was informed by a City official about a year and a half ago who said, “how do you like the homeless shelters that are now in my neighborhood.” We have been accused of trying to care about property values, actually in a neighborhood that has Section 8, apartment buildings that hold hundreds of families, some that hold eight or ten. We have alcohol, drug addition, The Fire House, Brian’s House, a similar house to this that was in the neighborhood, until the boys split the women’s head open. They have objected to none of this, they are just fine in having diversity, the one kind of diversity we do not have is some stable single-family and the City is doing everything it can to not allow that. In an article, Don Fozo said that if this house on the east side would in anyway endanger property values, it would of course get a no. We have been told not to care about our property values. Actually most of us, if we could not sell our house, could not pay the mortgage that is due on it, because the property values are down. Not necessarily because of this situation, but it allows every slum landlord, she has two on her street that own in a block and a half twenty-seven properties. They look forward to that. The City is totally aware of it, maybe our Council people have not been, but Cathy Brucker actually spoke her mind in the newspaper, by saying she wondered about the fire, health and so forth. However, her hands are obviously tied in this situation. The legal department has talked about negotiations, they want to know about cease and desist. There is only supposed to be two in a household, they have thirteen staff in a household and sleeping as many as Rachel quoted. It should not happen, she finds it appalling that the City could cooperate and actually think that this woman probably deserves her right to have the group home. She is not against these things, the neighbors are not against group homes, we are not against all kinds of housing, we are however against this, which is absolutely illegal and being allowed to exist for whatever reason, we cannot seem to figure out and we are people living there and we have families and some single-family homes, which the Area Plan solidified last December and worked for fifteen years to 22 REGULAR MEETINGAUGUST 8, 2005 work towards a comprehensive plan to decide how the neighborhood was being used and how it should be used. We find absolutely no reason why the City is not just saying get out! They can do a mission; they got their building down on South Main Street, take it there! Moreover, it is not a matter of not in my back yard, she has heard some people say that it has to be somewhere. No, it does not! The people are mostly according to Michael Baxter, not from the neighborhood, not from Indiana, but from outside. If we have homeless that need to be taken care of, we have to address that issue in a perfectly good way. It does not have to be somewhere, unless we need it and if we need it, it has to be in a legally correct area and not as it is now in a 2,000 square foot house. Dr. Daniel Holm, 113 Laurel, South Bend, Indiana, stated that he lives in the West Washington Street neighborhood. Dr. Holm advised that he and his family moved in to the neighborhood about twelve years ago. He stated that they missed the past twenty-five years or so before when the neighbors in the area had solidified the neighborhood. To get rid of slum landlords, to get rid of housing that had been falling apart and to move into a zoning situation where the single family home was developed to attract single families and to have people come into the neighborhood and bring up their families and to enjoy what the West Washington Neighborhood has to offer. He stated that he is very concerned that the City appears to be allowing a zoning violation that the Catholic Worker Home is clearly in violation of. The City must enforce the single-family zoning laws. It is an issue of respect to the neighbors who have worked very hard to obtain that respect. Dr. Holm encouraged the Council to look at the current zoning to help to enforce the current zoning so that the people in the neighborhood can feel respected again. So that they can feel like someone is listening to them. Mr. Richard Williams, 724 W. Washington Street, South Bend, Indiana, stated that he has lived in the West Washington Street neighborhood since 1994. Mr. Williams stated that he read in the newspaper the other day that it was stated that the neighbor’s only concern was that their property values were going down. This is one of the poorest neighborhoods in the City, one of the most heavily populated minority neighborhoods. Drive around the neighborhood, there are pockets of affluent people in that neighborhood, but they are not in the 1100 block of West Washington Street. If some of these property values are being hurt, it is some of the poorest people in our community. He finds it very offensive that this particular argument about property values is being raised in this case. This would not happen in the more affluent or heavily white neighborhoods in the City. Just because you want to do good, doesn’t not mean that you have the right to do whatever you want. At a minimum, you have to prove that you have the ability to do good. The Catholic Workers have never been required to do that. They need to have job counselors, mental health professionals to help. They have never been required to prove that they are capable of doing good. Nor have they been required to prove that the only place that they can do this type of good is in this area. Just because you want to do good, doesn’t not mean that you have the right to break the law and violate the rights of others. The Catholic Workers need to show that they are in fact doing good. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:25 p.m. ATTEST: ATTEST: ________________________ _________________________ John Voorde, City Clerk Charlotte D. Pfeifer, President 23