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HomeMy WebLinkAbout02/12/07 Common Council MinutesREGULAR MEETING FEBRUARY 12, 2007 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, February 12, 2007 at 7:00 p.m. The meeting was called to order by Council President Timothy A. Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS Present: Derek D. Dieter Charlotte Pfeifer Ann Puzzello David Varner Ervin Kuspa Al "Buddy" Kirsits Timothy Rouse Karen L. White Absent: Roland Kelly OTHERS PRESENT: 1st District 2nd District 4th District 5th District 6th District At-Large Vice-President At-Large President At-Large Chairperson Committee of the Whole 3rd District John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the January 22, 2007 and February 5, 2007 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember Puzzello made a motion that the minutes of the January 22, 2007 and February 6, 2007 meetings of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS ANNOUNCEMENT OF REAPPOINTMENT TO THE SOUTH BEND HUMAN RIGHTS COMMISSION President Rouse announced the reappointment of Mr. Bill Eagen to the South Bend Human Rights Commission. 1 REGULAR MEETING RESOLUTION NO. 3696-07 FEBRUARY 12, 2007 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 CENTRE TOWNSHIP, U. S. 31 SOUTH, SHOEMAKER ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution, and; WHEREAS, the territory proposed to be annexed encompasses approximately .821 acres of vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 46.3% contiguous, generally located at the southeast corner of U. S. 31 and Detroit Street. It is anticipated that the annexation area will be developed for asingle-story office-retail building and a parking lot. This use will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of anon-capital nature, including street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, police and fire protection, and other non-capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of anon-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, (5) that the services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Centre Township, St. Joseph County, Indiana, be annexed to the City of South Bend: 2 Lots Numbered Five Hundred Ninety (590), Five Hundred Ninety-One (591) and Five Hundred Ninety-two (592) as shown on the recorded plat of Gilmer Park Second Subdivision in St. Joseph County, Indiana. A parcel of land located in the Southwest '/4 of Section 36, Township 37 North, Range 2 East, Centre Township, St. Joseph County, as shown on the recorded plat of Gilmer Park Second Subdivision, and described as follows: Beginning at the intersection of the recorded South lot line of Lot 547 of said Gilmer Park Second, recorded in Plat Book 14, Page Gla in the St. Joseph County Recorders Office and the recorded East line of US 31 South; thence South along said East line of US 31 South and the existing City Limits to the Southwest corner of recorded lot 592 of said Gilmer Park Second; thence East along said recorded South line of Lot 592 and said line extended to the East line of a North/South recorded alley; thence Northeast along said alley and said line extended to the intersection of the North right of way line of Detroit Street and said alley extended; thence West along the North line of Said Detroit Street and the South line of Lot 547 of said Gilmer Park Second to the place of beginning. Containing 0.821 acres, more of less and subject to all legal rights of way and easements of record. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of anon-capital nature, such as police and fire protection, street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as street and road construction, street lighting, a sanitary sewer extension, a water distribution system, a storm water system, and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend, Indiana shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer is available with capacity sufficient to service this area with any extensions for future development to be paid by the developer; that a 400 foot water main line extension will be needed to service the area to be paid by the developer; that street lighting and parking will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Section IV. It is required as a condition of annexation that neo-traditional building/site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality. It is required that the annexation area integrate harmoniously with the surrounding residential areas to the east. In consideration of pedestrian safety and proper vehicular movement, it is further required as a condition of rezoning and annexation that the developer give very careful consideration to vehicular access and circulation as well as pedestrian movement for the development within the annexation area. All screening, signage and vehicular access shall conform to the latest City of South Bend standards and ordinances. 3 Building plans and other information to satisfy these requirements must be submitted by the developer to the City as part of the development review process. Failure to comply with all the conditions may result in the City's repeal of annexation. Section V. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Mr. Marco Mariam, Assistant Director, Division of Community Development, 12th Floor County- City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Mariam advised that this bill is a voluntary annexation in Centre Township. The annexation is a .821 acre parcel located at the southeast corner of U. S. 31 and Detroit Street. The site is currently vacant. The land is slated to be used fora 4,784 square foot office/retail building. The site is zoned "R" Residential in unincorporated St. Joseph County. It is proposed to be zoned "CB" Community Business upon approval of the City Council and incorporation into the City of South Bend. An 8" diameter public sewer is available on the east boundary of the site within the alley right-of--way. It has sufficient capacity to serve this property. The sewer was installed under the terms of the South Side Water and Sewer Utility Extension Ordinance. Such fees will be due upon application for a tap permit. The wastewater treatment plant and the downstream collection facilities are adequately sized to handle the additional flow. No capital expenditure would be needed for those facilities as a result of this annexation. Revenues from the development of the site will be sufficient to provide sewage collection and treatment services to the site. The South Bend Water Works currently does not have water service available at this location. The nearest water main is one block south on Lucinda. The 12" water main would need to be extended along a paved drive between Lucinda and Detroit Streets, a distance of 400'. The City does not have plans to extend the main in the near future. There is more than adequate capacity in the Main for the annexed area. Extensions of, or taps into sanitary sewer and water lines shall be governed by LC. 36-9-22-2, LC. 8-1.5-1 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. The developer of this property will be required to install a street lighting system. Additional revenue to the General Fund from this Annexation area will be sufficient to pay for street light operations. No waivers of annexation are in effect for the Annexation Area. No new public streets have been proposed for this annexation area. U. S. 31 currently within the City limits. A small segment of Detroit Street will come into the City of South Bend as a result of this annexation. No capital expenditure will be needed to service this street. Fuel taxes and utility revenue from the property will be sufficient to maintain the public infrastructure. Drainage will be required to be constructed by the developer and meet the latest City of South Bend standards. The Annexation Area would be expected to be added to the already existing Beat 15. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. However, due to the nature of the type of use proposed, calls for service can increase at any time for various reasons. At this time it is not expected that this annexation would cause calls for service to increase significantly and it is not anticipated that it will be necessary to increase police patrols beyond the already existing beat patrol at this time. The area under consideration is not expected to cause any unusual problems. At the present time the cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possibly shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable and consistent with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation and coordination of the conversion of the 911 emergency phone system for that area. The City provides a fully staffed, 4 full time fire department housed in 12 fire stations strategically located throughout the city. The Annexation Area will be serviced primarily by Station #10, located at 5301 York Road, approximately 2.4 miles away. Additional Fire Department units would respond from Fire Station #8 located at 2401 Twyckenham Drive which is approximately 3.7 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Adequate water supply will be necessary as development takes place. The Fire Department will continue to review and monitor response times in this area and make necessary recommendations to improve response times that are comparable to other areas of the City. The City, under contract with St. Joseph County, provides emergency medical response to the unincorporated areas of St. Joseph County. Of the seven ambulances currently in service, 3 are dedicated for response to the unincorporated areas. These are Medic Units #10, 11, and 12. The Annexation Area is currently being serviced by Medic #10, located at Fire Station #10 at 5303 York Road. Upon incorporation, the Annexation Area will be serviced by Medic #1, also located at Fire Station #10. Emergency medical response will continue to be provided by the City of South Bend. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Wastewater Treatment services are supported by user fees, and are paid through the Water Works billing system. A licensed private waste hauler will be required to serve this development. Mr. Mariam stated that as with any new development, the proposed use and development of this site becomes important relative to its relationship with the existing, surrounding uses. City Plan, South Bend's comprehensive plan, notes that land use relationships, pedestrian movement/safety and vehicular site access are important elements to be addressed in developments of all kinds. City Plan also expresses a need to consider how buildings relate to the street. Building design that is sensitive to massing, shape, scale and finishes will ensure that private development will enhance and reinforce the City's commitment to development and design of the highest quality. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Puzzello made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. REPORTS OF CITY OFFICES Dennis Andres, Executive Director, Morris Performing Arts Center, reported that the Morris Performing Arts Center is located in the heart of downtown South Bend and is the home of the Broadway Theatre League, the South Bend Symphony Orchestra and the Southhold Dance Theatre. In May, 1998 a complete restoration and renovation process began with the new Morris Performing Arts Center re-opening in 2000 with brand-new, state-of--the-art stage house and interiors which were restored to their 1922 splendor, and today is proudly known as having "The Hottest Ticket in Town!" The Morris Performing Arts Center is proud to be recognized by the concert industry magazine Pollstar as one of the world's top 100 theaters, ranked by the number of tickets sold for traveling shows. The Morris Performing Arts Center jumped to #38 for 2006, up from their 2005 ranking of #46. South Bend's favorite performance venue shines in stellar company, alongside Radio City Music Hall and the Coliseum at Caesars Palace, and topping the Rosemont Theatre and Fox Theatre in Detroit. Mr. Andres stated that "The Morris Performing Arts Center is a cornerstone of downtown South Bend." RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:20 p.m. Councilmember Dieter made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-ll of the South Bend Municipal Code. 5 Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 78-06 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 PROPERTY LOCATED IN CENTRE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 6, KBS PROPERTIES LLC, 60958 U.S. 31 SOUTH Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Mr. Mark Lyons, Staff Planner, Area Plan Commission, 11th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Lyons stated that the petitioner is requesting a zone change from R Single Family District (County) to CB Community Business District (City) to allow office/retail. This rezoning is in conjunction with an annexation request. The site is currently vacant land zoned R Single Family District in the county. To the north is a family hair care center zoned B Business District in the county. To the east are single family homes zoned R Single Family District in the county. To the south is a motorcycle dealership zoned CB Community Business District in the City of South Bend. To the west is commercial uses zoned CB Community Business District in the City of South Bend. 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 site is approximately 0.52 aces. The proposed building will cover 4,784 square feet or approximately 21% of the site. There are 17 parking spaces shown, with its adjacent off street parking screening. Type A Open landscaping will be required along the north, west and south property lines. Type B Partial landscaping will be required along the eastern property line. Foundation landscaping is also shown along the north and west building facades. The site plan shows one access point on Detroit Avenue. The access point will need to be relocated further east along Detroit Avenue on the final site plan as to comply with the City of South Bend standards. The property was petitioned for rezoning in 1998 to C Commercial. It was given a favorable recommendation by the Area Planning Commission before being withdrawn by the petitioner. (APC#1882-98) U.S. 31 South has four lanes with a center turn lane. Anew, limited access alignment for U. S. 31 is being proposed west of Main Street. Detroit Avenue has two lanes. The site will be served by public water and sewer from the City of South Bend. City of South Bend - City Plan, November 2006, Land Use Objective 2.2: Purse a mix of land uses along major corridors and other locations identified on the Future Land Use Map. The rezoning is consistent with the Comprehensive Plans land use policy. South Bend and St. Joseph County Indiana, April 2002, Goa12: Objective C: Policy X: South Bend will cluster future commercial development in commercial activity centers along major transportation arteries. The rezoning is consistent with the Comprehensive Plans economic policy. City of South Bend -City Plan, November 2006 The Future Land Use Plan calls for this area to be Commercial (Office & Retail), South Bend and St. Joseph County Indiana, Apri12002, the Comprehensive Land Use Plan was adopted in Apri12002 before the alignment of U. S. 31 was established. The site is currently vacant land. The area is commercial in character. The most desirable use for this property is commercial. The surrounding commercial property values should be conserved with the CB rezoning. The eastern single family house may be conserved with the landscaping and alley as a buffer. It is responsible development and growth to allow the infill of commercial sites within well established 6 commercial corridors. The Area Plan Commission held a Public Hearing on Tuesday, December 19, 2006 and sends this bill to the Common Council with a favorable recommendation. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. It is responsible development and growth to allow the infill of commercial sites within well established commercial corridors. The rezoning is compatible with the surrounding commercial zoning and land uses. On October 20, 1998, the Area Planning Commission supported the rezoning of this site from R Residential to C Commercial, but the rezoning was withdrawn by the petitioner. Mr. Larry Shoemaker, 5609 U. S. 31 South, South Bend, Indiana, made the presentation for this bill. Mr. Shoemaker advised that he is requesting a annexation and zone change from St. Joseph County zoning classification: Residential to City of South Bend zoning classification: CB Community Business District to allow for Office/Retail. 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 Pfeifer made a motion for favorable recommendation to full Council concerning this bill, and set this bill for third reading on February 26, 2007. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 5-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CLOSING FUND 424 (TIF-SBCDA), TRANSFERRING FUNDS WITHIN FUND 424 TO FUNDS 425 AND 601, AND CHANGING THE TITLE OF FUND 425 FROM "TIF-LEIGHTON PLAZA" TO "REDEVELOPMENT RETAIL" Councilmember Pfeifer, Chairperson, Personnel and Finance 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. Beth Leonard, Director, Financial & Program Management, Economic Development, 12tH Floor, County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill will allow for the consolidation of the accounting of revenue and expenses for the Parking garages and Redevelopment-owned Retail space. The operations of a113 parking garages (Main/Colfax, Leighton, and Wayne Street) will be consolidated, with Parking Enforcement, into Fund 601. In addition, the revenues and expenses for the retail spaces of the Leighton and Wayne Street garages and other redevelopment retail space into Fund 425. This action will also close Fund 424 which had housed Wayne Street garage and retail operations. 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 Pfeifer made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. 7 BILL NO. 7-07 PUBLIC HEARING ON A BILL AMENDING THE 2007 SALARY ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2007 Councilmember Pfeifer, Chairperson, Personnel and Finance 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. Catherine Fanello, CPA, City Controller, 14th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Fanello advised that this bill would allow for the appropriation of capital and community program dollars for the fiscal year 2007. The bill reflects the need to maintain city assets as well as fund on-going community programs. A report of the detail will follow as well as a report on the 2006 Capital accomplishments. Ms. Fanello also stated that it has become necessary to make additional title changes and salary adjustments for 2007 in the Department of Finance in order to attract qualified personnel to fill current vacancies. She noted that these proposed changes will bring efficiency and increased accountability. 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 Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 8-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $42,000 FROM FUND 212, THE COMMUNITY & ECONOMIC DEVELOPMENT FUND, FOR CONSULTANT SERVICES IN THE DEPARTMENT OF CONINIUNITY & ECONOMIC DEVELOPMENT Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dieter made a motion to amend the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Varner read into the record to add to Section II, The consultant's quarterly reports and final reports shall be filed in the City Clerk's Office. Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a meeting this afternoon to discuss the pros and cons and it was the consensus of the committee to send this amended substituted version of this bill to the full Council with a favorable recommendation. Catherine Fannello, CPA, City Controller, 14th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Fannello advised that this bill would allow for the appropriation of $42,000 from Fund 212, Community & Economic Development Fund to cover the costs of consultant services to assess the organizational structure and activities of the Department of Community & Economic Development. 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 Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted and amended. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Dieter made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: John Voorde, City Clerk ATTEST: Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 9:15 p.m. Council President Timothy A. Rouse presided with eight (8) members present. BILLS -THIRD READING ORDINANCE NO. 9736-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDIANNCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, CARMINE & MARIA MARTINO, SILVIO MARTINO & JOHN ROY, NORTHWEST CORNER OF VANESS STREET AND WILLIS AVENUE AND A PARCEL ON THE WEST SIDE OF BURDETTE STREET APPROXIlV1ATELY 83 FEET NORTH OF VANESS STREET, SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 9 ORDINANCE NO. 9737-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 6, RANJAN J. AMIN, 60971 US 31 SOUTH, 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 eight (8) ayes. ORDINANCE NO. 9738-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CLOSING FUND 424 (TIF-SBCDA), TRANSFERRING FUNDS WITHIN FUND 424 TO FUNDS 425 AND 601, AND CHANGING THE TITLE OF FUND 425 FROM"TIF-LEIGHTON PLAZA" TO "REDEVELOPMENT RETAIL" This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9739-07 AN ORDINANCE AMENDING THE 2007 SALARY ORDINANCE FIXING M~?~~IMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2007 This bill had 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 eight (8) ayes. ORDINANCE NO. 9740-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $42,000 FROM FUND 212, THE COMMUNITY & ECONOMIC DEVELOPMENT FUND, FOR CONSULTANT SERVICES IN THE DEPARTMENT OF CONINIUNITY & ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Puzzello made a motion to consider the amended substitute version of this bill. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill as amended and substituted. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 10 RESOLUTIONS RESOLUTION NO. 3697-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1432, 1440, 1448, 1454, 1445, 1451, 147, 1463 SLATER DRIVE, 6720 MACKEY CT OR 1505 STADIUM DRIVE, 6712, 6704, 6638, 6630, 6639, 6705, 6713, 6721 6803 MACKEY COURT, 6806 STEWART DRIVE OR 1410 STADIUM DRIVE, 6803 STEWART DRIVE, OR 1504 STADIUM DRIVE, 6814, 6810, 6811, AND 6815 STEWART DRIVE, LAFAYETTE FALLS AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known 1432, 1440, 1448, 1454, 1445, 1451, 1457, 1463 Slater Drive, 6720 Mackey Court or 1505 Stadium Drive, 6712, 6704, 6638, 6630, 6639, 6705, 6713, 6721, 6803 Mackey Court, 6806 Stewart Drive or 1410 Stadium Drive, 6803 Stewart Drive or 1504 Stadium Drive, 6814, 6810, 6811, and 6815 Stewart Drive, South Bend, Indiana, and which is more particularly described as follows: commencing at the northwest corner of said northwest quarter, said corner lying south 89 degrees 04 minutes 47 seconds east, a distance of 281.17 feet from the southwest corner of the southwest quarter of section 35, township 37 north, range 2 east, said southwest corner being marked by a 5/8 inch diameter rod, 0.1 feet below the road surface; thence south 00 degrees 16 minutes 41 seconds west, along the west line of said northwest quarter, a distance of 1339.13 feet to the point of beginning; thence south 89 degrees 10 minutes 21 seconds east, along the south line of the northwest quarter of the northwest quarter of said section 2, a distance of 631.14 feet to the northwest corner of lot number 50 in Lafayette Falls subdivision, section 4, recorded under instrument number 0602210 in the office of Recorder of St. Joseph County, Indiana; thence the next (5) five calls along the west lines of said Lafayette Falls subdivision, section 4: 1) south 25 degrees 07 minutes 33 seconds west, a distance of 202.00 feet; 2) south 53 degrees 36 minutes 27 seconds east, a distance of 152.30 feet; 3) south 41 degrees 38 minutes 02 seconds east, a distance of 50.00 feet to the point of curvature of anon-tangent curve, concave southeast, having a radius of 475.00 feet, being subtended by a chord length of 59.36 feet, bearing north 51 degrees 56 minutes 54 seconds east; 4) southwesterly along said curve a distance of 59.39 feet; 5) south 34 degrees 28 minutes 10 seconds east, a distance of 137.24 feet; thence south 58 degrees 07 minutes 46 seconds west, a distance of 56.64 feet; thence south 42 degrees 38 minutes 44 seconds west, a distance of 57.21 feet; thence south 18 degrees 43 minutes 18 seconds west, a distance of 115.58 feet; thence south 07 degrees 50 minutes 12 seconds west, a distance of 50.00 feet to the point of curvature of a non-tangent curve, concave south, having a radius of 1602.00 feet, being subtended by a chord length of 13.30 feet, bearing north 82 degrees 24 minutes 04 seconds west; thence westerly along said curve a distance of 13.30 feet; thence 11 south 00 degrees 00 minutes and 00 seconds east, a distance of 154.92 feet; thence north 90 degrees 00 minutes 00 seconds west, a distance of 144.88 feet; thence north 00 degrees 00 minutes 00 seconds east, a distance of 6.50 feet; thence north 90 degrees 00 minutes 00 seconds west, a distance of 206.50 feet; thence north 00 degrees 00 minutes 00 seconds east, a distance of 161.62 feet; thence north 90 degrees 00 minutes 00 seconds west, a distance of 84.92 feet to the point of curva- ture of a tangent curve, concave to the southeast, having a radius of 30.00 feet, being subtended by a chord length of 42.22 feet, bearing south 45 degrees 17 minutes 00 seconds west, thence southwesterly along said curve a distance of 46.83 feet; thence north 90 degrees 00 minutes 00 seconds west, a distance of 218.40 feet to the west line of said northwest quarter; thence north 00 degrees 16 minutes 41 seconds east, along said west line, a distance of 642.03 feet to the point of beginning; said described tract containing 10.968 acres, more or less and this property has Tax Key Number 23-1002-0022.01, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: 12 A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Mr. Derek Spier, A.LC.P., Abonmarche Consultants, LLC, 750 Lincolnway East, South Bend, Indiana, made the presentation for this bill. Mr. Spier advised that Kendall-Weiss intends to contruct (24) twenty-four, new, single-family homes on approximately 11 acres of land. The homes will consist of three (3) to four (4) bedrooms with 2 '/z baths ranging in size from 1,200 to over 2,500 square feet with eight-foot basement walls, a 20 foot by 20 foot attached garage, optional fireplaces, and vinyl siding with stone and/or brick accents. Each home will be built on lots ranging in size from a minimum 44 foot by 113 foot to over 1.5 acres. The average cost of the homes will be approximately $170,000. 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 White made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3698-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 920 ST. PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JILL R. BODENSTEINER WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed 13 Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known 920 St. Peter Street, South Bend, Indiana, and which is more particularly described as follows: Parcel I: The South Half (1/2) of the West Half (1/2) of Lot Numbered One Hundred Twenty-Seven (127) as shown on the recorded Plat of Sorin's Second Addition to the Town of Lowell, now a part of the City of South Bend, IN St. Joseph County, Indiana, bounded by a line running as follows, viz: Beginning at the Southwest corner of said Lot Numbered One Hundred Twenty-Seven (127) thence running East on the South line of Said Lot, 122.7 feet to the West line of a public alley running North and South between Notre Dame Avenue and St. Peter Street in said City; thence North along the West line of said alley 33 feet; thence West 122.65 feet; more or less, to the East line of St. Peter Street, which is the West line of said Lot Numbered One Hundred Twenty- Seven (127); thence South along the West line of said Lot, 33 feet to the place of beginning. Parcel II: The West 121.6 feet of the North Half of Lot Numbered One Hundred Twenty-Seven (127) as shown on the recorded Plat of Sorin's Second Addition to the Town of Lowell, now within and a part of the City of South Bend, as recorded July 27, 1860, in Plat Book 1, page 107 in the Office of the Recorder of St. Joseph County, Indiana. and this property has Tax Key Number 18-5107-3777 and 18-5107-3778, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: 14 REGULAR MEETING FEBRUARY 12, 2007 i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Ms. Jill Bodensteiner, P.O. Box 881, Notre Dame, Indiana, made the presentation for this bill. Ms. Bodensteiner stated she intends to construct a 2,000 square foot, single-family, owner-occupied home. The home will be 1 '/z stories and built in the bungalow style. The price of the home will be $300,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember White 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 eight (8) ayes. 15 REGULAR MEETING RESOLUTION NO. 3699-07 FEBRUARY 12, 2007 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1017 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DON AND SARA POPE DAMS WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known (ADDRESS), South Bend, Indiana, and which is more particularly described as follows: Lot 86, N'/a, Sorin's 2"d Addition and this property has Tax Key Number 18-5104-3655, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or 16 REGULAR MEETING FEBRUARY 12, 2007 E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Dale Devon, 17871 St. Rd. 23, South Bend, Indiana, made the presentation on behalf of Don and Sara Pope Davis. Mr. Devon advised that Don and Sara Pope intend to construct a 2,675 square foot, single-family, owner-occupied home with a 1,000 square feet finished lower level. The price of the home will be approximately $382,000. 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 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 eight (8) ayes. 17 REGULAR MEETING RESOLUTION NO. 3700-07 FEBRUARY 12, 2007 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5733 HAWKINS COURT AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR AMY J. BILLHIMER WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known 5733 Hawkins Court, South Bend, Indiana, and which is more particularly described as follows: Lot 279, Crest Manor, Section 10 and this property has Tax Key Number 23-1041-2263, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: or 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; 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: 18 REGULAR MEETING FEBRUARY 12, 2007 i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Michael Urbanski, 17874 St. Rd. 23, South Bend, Indiana made the presentation on behalf of the owner Amy J. Billhimer. Mr. Urbanski stated that Ms. Billhimer plans to construct a new, three bedroom, five- room home of 1,036 square feet, vinyl siding on a full 8 foot insulated basement. The home will have a 20 x 21 foot attached garage. The cost of the home will be approximately $95,620. 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 Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 19 REGULAR MEETING FEBRUARY 12, 2007 BILL NO. 07-25 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 511 EAST COLFAX AVENUE AND 210 NORTH NILES AVENUE AS ECONOMIC REVITALIZATION AREAS FOR PURPOSES OF A (4) FOUR-YEAR REAL PROPERTY TAX ABATEMENT FOR ODYSSIAN TECHNOLOGY Councilmember Pfeifer made a motion to continue this bill until the February 26, 2007 meeting of the Council at the request of the Petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 07-26 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 511 EAST COLFAX AVENUE AND 210 NORTH NILES AVENUE TO BE ECONOMIC REVITALIZATION AREAS FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ODYSSIAN TECHNOLOGY Councilmember Puzzello made a motion to continue this bill until the February 26, 2007 meeting of the Council at the request of the Petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3701-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6320, 6323, 6328 AND 6331 OAK COURT AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSE SOFA (5) FIVE- YEAR RESIDENTIALLY REAL PROPERTY TAX ABATEMENT FOR SFI/LDI PARTNERSHIP 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 6320, 6323, 6328 and 6331 Oak Court, South Bend, Indiana, and which is more particularly described as follows: Lot 61 Southfield Subdivision, Section Three as shown as the recorded plat in the Office of the Recorder of St. Joseph County, Indiana, excepting there from: Lot 61, Building One Envelope. Commencing at the Southeast corner of Lot 61; thence North 00°00'00" East, a distance of 20 REGULAR MEETING FEBRUARY 12, 2007 9.50 feet; thence South 86°13'02" West, a distance of 14.50 feet to the point of beginning; thence continuing South 86°18'02" West, a distance of 86.45 feet; thence North 03°41'58" West, a distance of 63.19 feet; thence North 45°03'37" East, a distance of 18.11 feet; thence North 86°18'02" East, a distance of 72.93 feet; thence South 03°41'58" East, a distance of 75.13 feet to the point of beginning. And Further excepting Building Six Envelope. Commencing at the Northwest corner of said Lot 61; thence South 00°00'00" East, a distance of 196.39 feet; thence North 90°00'00" East, a distance of 50.00 feet; to the point of beginning, thence continuing North 90°00'00" East, a distance of 86.00 feet; thence South 00°00'00" East, a distance of 68.00 feet; thence South 90°00'00" West, a distance of 86.00 feet; thence North 00°00'00" West, a distance of 68.00 feet to the point of beginning and this property has Tax Key Number 23-1037-2073.13, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, 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 sec ., and South Bend Municipal Code Sections 2-76, et sec ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's 21 REGULAR MEETING FEBRUARY 12, 2007 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. s/Timothy A. Rouse Member of the Common Council Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon to hear the pros and cons and voted to send it to the full Council with a favorable recommendation. Mr. Richard Deahl, Attorney at Law, Barnes & Thornburg, LLP, 100 N. Michigan Street, Suite 600, South Bend Indiana, made the presentation on the bill. 22 REGULAR MEETING FEBRUARY 12, 2007 Mr. Deahl advised that SFI/LDI Partnership plans to building four (4) new single-family villa/condominium units contained within the 1.889 acre subdivision known as Southfield Subdivision, Section 3. Each home will be approximately 1,500 to 2,000 square feet. The price of each villa/condominium will be between $160,000 and $240,000. The total price of the project is estimated at $700,000. 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 Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3702-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4701 NIMTZ PARKWAY AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER GEAR WORKS, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as Schafer Gear Works, Inc., South Bend, Indiana, and which is more particularly described as follows: Apart of the Southeast Quarter of Section 20 and part of the Southwest Quarter of Section 21, Township 38 North, Range 2 East, situated in German Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Lots numbered (10) ten and (11) eleven as shown on the recorded of the H.G. Baus Centre -Phase One, recorded March 16, 1995, as document number 9507104 in the Office of the Recorder of St. Joseph County, Indiana. and which has Tax Key Number 18-3042-1621 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec ., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1-12.1-4.5 et sec ., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; 23 REGULAR MEETING FEBRUARY 12, 2007 b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon to hear the pros and cons and voted to send it to the full Council with a favorable recommendation. Mr. Stan Blenke, Vice President, Schafer Gear Works, Inc., 4701 Nimtz Parkway, South Bend, Indiana, made the presentation for this bill. Mr. Blenke advised that Schafer Gear Works plans to purchase and install machinery and equipment for new gear grinding capability to replace business lost, to retain employees, and to add capabilities necessary to secure new business. The equipment consists of gear grinding machine plus automations and a hob sharpener. The project is estimated at $843,000. It is estimated that the total project will create (1) one new, permanent, full- 24 REGULAR MEETING FEBRUARY 12, 2007 time job in the first year of production representing a new annual payroll of $34,320. The project will also maintain seventy-three (73) existing, permanent full-time jobs representing an annual payroll of $2,722,263. 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 Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3703-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND IMMEDIATELY WEST OF BRUNO' S PIZZA ON THE SOUTH SIDE OF PRAIRIE AVENUE WEST OF LOCUST ROAD AND EAST OF THE BYPASS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN-YEAR REAL PROPERTY TAX ABATEMENT FOR PRAIRIE APARTMENTS HOUSING PARTNERS, LP 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 Prairie Apartments Housing Partners, LP South Bend, Indiana, and which is more particularly described as follows: a part of the east half of the northwest quarter of Section 22, T.37 N., R. 2 E., Portage Township and which has Key Number 18-8153-5514 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec ., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 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 sec ., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: 25 REGULAR MEETING FEBRUARY 12, 2007 A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period (10) ten years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council 26 REGULAR MEETING FEBRUARY 12, 2007 Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon to hear the pros and cons and voted to send it to the full Council with a favorable recommendation. Mr. Bill Hollingsworth, Equal Development, LLC, 12873 Tradd St. 3A, Carmel, Indiana, made the presentation for this bill. Mr. Hollingsworth advised that Equal Development intends to construct a 208-unit, multi-family housing project which contains two-story brick buildings featuring one, two, three, and four bedroom units. Each unit will provide residents with afull-size washer and dryer, exterior storage, patios or balconies, walk-in closets, built-in dishwasher, window blinds, wall-to-wall carpeting, central air, garbage disposal, cable hook-ups, and high-speed Internet access in each unit. Each unit will also have afirst-floor exterior entrance; garages and carports will be available to residents for a rental rate. The community will feature a large clubhouse with managers' offices, community room, community TV with cable, fitness room, computer room, and a kitchen area. The total estimated cost of the project if $11,272,461. 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 White made a motion to adopt this Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3704-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 211 NORTH EDDY STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND CLINIC 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 211 N. Eddy Street, South Bend, Indiana, and which is more particularly described as follows: PARCEL I: Apart of the East Half of the Northeast Quarter of Section 12, Township 37 North, Range 2 East, of the Second Principal Meridian, Portage Township, City of South Bend, St. Joseph County, Indiana, and described as Lots 1 through 14, all inclusive, as shown on the recorded Plat of Christiana Hall's Subdivision, together with 14.00 feet vacated alley lying North/South and East/West as shown on the drawing, more particularly described as follows: Beginning at the intersection of the North right-of--way line of Colfax Avenue (U. S. Highway 20) with West right-of--way line of Eddy Street, said point being identified by a cross cut in the sidewalk; thence North 89°54'32" West (bearing assumed) along the North right-of--way line of Colfax Avenue 388.50 feet (platted 387.00 feet) to a point at the intersection of the North right-of--way line of Colfax Avenue with the East right-of--way line of Frances Street; thence North 00°00'00" East along the East right-of--way line of Frances Street, 410.00 feet to the intersection of the South right-of--way line of LaSalle Avenue with the East right-of--way line of Frances Street; thence South 89°54'32" East along the South right-of--way line of LaSalle Avenue, 388.50 feet 27 REGULAR MEETING FEBRUARY 12, 2007 (platted 387.00 feet) to the intersection of the South right-of--way line of LaSalle Avenue with the West right-of--way line of Eddy Street; thence South 00°00'00" East along the West right-of--way line of Eddy Street, 410.00 feet to the point of beginning. EXCEPTING THERE FROM THE FOLLOWING: Apart of Lot 10 in Christiana Hall's Subdivision of Large Lot or Block 15 in Samuel L. Cottrell's First Addition to the Town of Lowell, now within and part of the City of South Bend, Indiana, the plat of which is recorded in Plat Book 2, page 66, in the Office of the Recorder of St. Joseph, Indiana, described as follows: Beginning at the Northeast corner of said Lot 10; thence South 0°06'00" West 20.00 feet along the East line of said Lot 10; thence North 36°46'12" West 25.00 feet to the North line of said Lot 10; thence South 89°54'00" East 15.00 feet along said North line to the point of beginning. PARCEL II: Apart of the East Half of the Northeast Quarter of Section 12, Township 37 North, Range 2 East, of the Second Principal Meridian, City of South Bend, Portage Township, St. Joseph County, Indiana, and described as follows: A part of Lot Fourteen (14) in Cottrell's First Addition to the City of South Bend, Indiana, as recorded under Plat Book 1, page 49, dated April 28, 1854, at the Office of the Recorder, St. Joseph County, Indiana, and described as follows: Beginning at a point 138.00 feet North of the Southeast corner of said Lot 14, said Southeast corner of Lot 14 being at the intersection of the North right-of--way line of Colfax Avenue with the Westerly right-of--way line of Frances Street; thence North 89°54'32" West (bearing assumed), 92.00 feet; thence North 00°00'00" East, 60.00 feet; thence South 89°54'32" East 92.00 feet; thence South 00°00'00" East, 60.00 feet to the point of beginning, TOGETHER WITH the North Half of the vacated alley lying South and adjacent to the parcel described above, and also TOGETHER WITH a part of Lot 14 in Cottrell's First Addition to the City of South Bend, Indiana, and described as follows: Beginning at the Southeast corner of said Lot 14, said point being at the Intersection of the North right-of--way line of Colfax Avenue with the West right-of--way line of Frances Street; thence North 89°54'32" West, 165.00 feet; thence North 00°00'00" East, 128.00 feet; thence South 89°54'32" East, 165.00 feet; thence South 00°00'00" East, 128.00 feet to the point of beginning, TOGETHER WITH the South Half of the vacated alley lying North and adjacent to the second parcel described above; and which has Key Numbers 18-5017- 0494, 18-5016-056101, 18-5016-056102, 18- 5016-0563, 18-5016-0564 and 18-5016-0566, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec ., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 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 sec ., for tax abatement. 28 REGULAR MEETING FEBRUARY 12, 2007 SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and 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 three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council 29 REGULAR MEETING FEBRUARY 12, 2007 Councilmember Puzzello made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dieter, Chairperson, Community & Economic Development Committee, reported that this committee held a meeting this afternoon to hear the pros and cons, and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Mr. Richard Deahl, Barnes & Thornburg, LLP, 6001 1st Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation on behalf of the owner The South Bend Clinic, LLP & Eddy Property Development LLC & South Bend MAC, LP. Mr. Deahl advised that the South Bend Clinic will add a new three (3) story 104,000 gross square foot building addition connected to the exiting 100,000 square foot medical office structure and two separate tiered parking structures -one will be a three (3) story parking structure and the other will be a two (2) story parking structure, all on the main campus of the South Bend Clinic located on Eddy Street. The overall project is critical to accommodate growth in the new physicians by the Clinic to serve an increasing patient population. In addition, the project will replace and expand current ambulatory surgical facilities. The project is estimated to cost between $30 and $33 million dollars. It is estimated that the total project will create forty (40) new, permanent, full-time jobs and (6) six new, permanent part-time jobs representing a new annual payroll within the first year of $4.86 million. The project will also maintain four hundred nine (409) existing, permanent, full-time jobs and sixty two (62) existing, permanent, part-time jobs with an annual payroll of $34.5 million. 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 as substituted. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3705-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO APPOINT THE BOARD OF PUBLIC WORKS AND THE DEPARTMENT OF PUBLIC WORKS AS ITS AGENTS FOR OVERSEEING THE GUARANTEED ENERGY SAVINGS CONTRACT FOR TRAFFIC SIGNALS WHEREAS, the City of South Bend has approximately 226 intersections with electrical traffic signals; and WHEREAS, the City is interested in upgrading these traffic signals by using LED technology to conserve energy and energy costs and to improve traffic safety; and WHEREAS, a contract to implement these energy saving measures would be let according to LC. 36-1-12.5, which statute stipulates that it is the Common Council of a second class city which would enter a contract for such a program; and WHEREAS, the Common Council of the City of South Bend does not have its own staff with the technical expertise and experience to evaluate potential proposals, and to supervise a Guaranteed Energy Savings Contract for the traffic signals throughout the City of South Bend. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA that: 30 REGULAR MEETING FEBRUARY 12, 2007 SECTION I. It is in the best interest of the City of South Bend, Indiana to enact the following guidelines and policies: 1. The Board of Public Works and the Department of Public Works of the City of South Bend shall be the authorized agents for the South Bend Common Council for purposes of meeting the provisions required by LC. 36-1-12.5 and other Indiana laws leading up to the final review of and the execution by the South Bend Common Council of a Guaranteed Energy Savings Contract for the use of LED technology in its mechanized traffic signals. Such authorization would include without limitation the preparation of specifications, evaluation criteria, advertisement for proposals, opening of proposals, rejecting non-responsive proposals, evaluating the proposals, and making advisory recommendations to the Common Council. 2. The Board of Public Works and the Department of Public Works shall make an advisory recommendation to the South Bend Common Council concerning the selection of a company to contract with for an Energy Savings Contract, with the South Bend Common Council retaining the sole and exclusive authority to enter into such a contract. 3. The Board of Public Works and the Department of Public Works are authorized to supervise all work done on the Guaranteed Savings Contract concerning traffic signals, including the power to authorize change orders. 4. The Board of Public Works and the Department of Pubic Works shall report to the South Bend Common Council prior to the first regular Council meeting each month and at such other times as requested and shall invite the Chairperson of the Public Works and Property Vacation Standing Committee, or his designee, to any scheduled meetings between any company that submits a proposal and a member of the Board of Public Works or Department of Public Works employee. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Adopted this 12th day of February, 2007. s/Timothy A. Rouse Member of the Common Council Attest: s/John Voorde, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 13th day of February, 2007 at 12:40 o'clock p.m. s/Janice Talboom, Deputy City Clerk Approved and signed by me on the 13th day of February 2007, at 2:15 o'clock p.m. s/Stephen J. Luecke, Mayor Councilmember Varner, Chairperson, Public Works and Property Vacation Committee reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Mr. Gary Gilot, P.E., Public Works, Director, 13th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that The South Bend Light Emitting Diode (LED) Traffic Signals Guaranteed Energy Saving Contract will improve safety, save energy, help the 31 REGULAR MEETING FEBRUARY 12, 2007 environment, and save taxpayers money. The project will entail changing over 200 traffic signals from incandescent bulbs to LED, with Count down Walk-Waits and battery backup power at strategic intersections. There is a specific state statute for guaranteed energy saving contracts in Indiana that we will follow. The Council must authorize and award this contract. The Board of Public Works will provide the process staff support. A request for proposals has been prepared by City Engineering staff with input from Traffic & Lighting. This improvement project will self fund through energy savings. No internal City capital funds for this equipment and installation. The improvement will be funded through private lease capital repaid out of energy savings. Once the lease is satisfied the energy savings continue to accrue to the benefit of City taxpayers. They will reallocate annual bulb changing labor to other traffic improvements. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3706-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE INDIANA DEVELOPMENT FINANCE AUTHORITY FOR A GRANT FROM THE PETROLEUM REMEDIATION GRANT INCENTIVE PROGRAM FOR 821 PORTAGE AVENUE WHEREAS, the Indiana Development Finance Authority is administering the Petroleum Remediation Grant Incentive program for remediating petroleum contamination at Brownfield sites; and WHEREAS, the maximum grant amount is $250,000 and is to be used for a single project; and WHEREAS, an environmental assessment of 821 Portage Avenue has determined that there are multiple underground storage tanks and has determined that the removal of the underground storage tanks and potential environmental remediation will be needed for future development of this site; and WHEREAS, the City of South Bend would like to apply for funds from the Petroleum Remediation Grant Incentive program to pay for the removal of the underground storage tanks and for cleanup of contamination caused by petroleum products at 821 Portage Avenue; and WHEREAS, the Mayor is the Chief Executive Officer of the City and is the appropriate applicant for the grant from the Petroleum Remediation Grant Incentive program. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a grant application in the maximum amount of $250,000 to the Indiana Development Finance Authority for a grant from the Petroleum Remediation Grant Incentive program and to execute all documents related to the Petroleum Remediation Grant Incentive. 32 REGULAR MEETING FEBRUARY 12, 2007 Section II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Petroleum Remediation Grant Incentive application to be submitted to the Indiana Development Finance Authority. Section III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriate ordinance prior to the expenditure of any funds received from the Indiana Development Finance Authority. Section IV. That the City of South Bend, department of Community and Economic Development is hereby designated as the agency and office administering, on behalf of the City of South Bend, the Petroleum Remediation Grant Incentive awarded under this application. Section V. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon to hear the pros and cons and voted to send it to the full Council with a favorable recommendation. Ms. Liz Maradik, Planner, Department of Community & Economic Development, 12tH Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Maradik advised that this bill would allow for the Community and Economic Development to apply for funds from the Petroleum Remediation Grant Incentive program, which is administered by the Indiana Development Finance Authority. These funds would be used to remove underground storage tanks and associated remediation for the property located at 821 Portage Avenue. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS -FIRST READING BILL NO. 9-07 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1840 COMMERCE DRIVE, COUNCILMANIC DISTRICT 1, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer 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. 33 REGULAR MEETING BILL NO. 10-07 FEBRUARY 12, 2007 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1914 MIAMI STREET, COUNCILMANIC DISTRICT 3, 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 Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 11-07 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF IRELAND ROAD & LAFAYETTE BLVD., SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA Council President Timothy Rouse stated that the above bill was listed as 10-07 on the Council's Agenda and that this was a scrivener's error and that the correct bill number is 11-07. This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM THE BOARD OF ZONING APPEALS BILL NO. 07-17 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT (1750 WILLIS AVENUE, SOUTH BEND, INDIANA) Councilmember Puzzello made a motion to set this bill for Public Hearing on February 26, 2007 and send to the Zoning and Annexation Committee. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 07-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3003 LINCOLNWAY WEST, SOUTH BEND, INDIANA 34 REGULAR MEETING FEBRUARY 12, 2007 Councilmember Pfeifer made a motion to set this bill for Public Hearing on February 26, 2007 and send to the Zoning and Annexation Committee. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 07-19 A RESOLUTION OF THE CONINION COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 121 NORTH ST. LOUIS BLVD. Councilmember Puzzello made a motion to set this bill for Public Hearing on February 26, 2007 and send to the Zoning and Annexation Committee. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS Councilmember White stated that the Urban Enterprise Association met at the regularly monthly meeting on February 5, 2007. The Sample St. Business Plan was discussed and a copy of that is on file in the Office of the City Clerk. Councilmember White also advised that the Health and Public Safety Committee will be having a series of discussions on Lawn Parking and re-establishing the South Bend Youth Council. The Youth Council will use a format that was established in the City of Boston, Massachusetts. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to Council at this time ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 8:15 p.m. ATTEST: John Voorde, City Clerk ATTEST: 35 Timothy A. Rouse, President