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HomeMy WebLinkAbout02-11-08 Common Council Minutes REGULAR MEETING FEBRUARY 11, 2008 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 11, 2008 at 7:00 p.m. The meeting was called to order by Council President Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District, Chairperson Committee of the Whole Henry Davis, Jr. 2nd District Thomas LaFountain 3rd District Ann Puzzello 4th District David Varner 5th District Oliver Davis 6th District Vice-President Al “Buddy” Kirsits At-Large Timothy Rouse At-Large President Karen L. White At-Large OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the January 28, 2008, meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember Puzzello made a motion that the minutes of the January 28, 2008 meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS SWEARING-IN CITIZEN MEMBERS ON COUNCIL STANDING COMMITTEE’S City Clerk John Voorde sworn in Martha Lewis to the PARCS Committee and Mark Smith to the Community and Economic Development Committee. REPORT FROM THE 2007/2008 YOUTH COUNCIL Youth Council Members Tom Huff; Maria Catanzarite; Becky Williams and Lauren Talboom, Adams High School and Bob Cassady, Marian High School gave the 2007/2008 Youth Council Report. They reported that the Youth Council met in October, 2007, and interviewed the Mayoral Candidates and discussed their platforms for the General Election in November. In November, 2007, the Youth Council planned on touring all 6 Councilmanic Districts, however because of the time change and it getting dark so early they were only able to tour two of the six. They advised that they would take another tour in the Spring of 2008 to finish seeing all the council districts. The Youth Council advised that they are planning a Youth Summit and allow students from the nine (9) area High Schools to attend. The topics of discussion will be on how to get youth involved in civic activities. On February 20, 2008 the Youth Council is holding a 1 REGULAR MEETING FEBRUARY 11, 2008 collection/donation drive for the Homeless Shelter. Collection baskets will be placed throughout the City for citizens to donate. Some immediate needs are: razors, Bath towels and wash cloths, Men's Shoes: size 9-14, New Socks and Underwear (men's and women's),Cough Drops, Ibuprofen, Laundry Soap, Umbrellas, Latex gloves, Adult Backpacks, Bicycles, Pillows, Bike locks/chains, Shower Shoes, Irons, X-Large - XXXL shirts, Ear Plugs, Monetary donations, Interview attire/clothing for women (sizes 18 and up), Interview attire/clothing for men (XL & XXL shirts and pants larger than size 46) Women’s dress shoes (sizes 8 and up), Panty Hose, Blankets. More items can be found the Homeless Shelter’s website. The members of the Youth Council reiterated that they are dedicated to the youth of South Bend and value the leadership experience that they are learning though the South Bend Common Council. RESOLUTION NO. 3822-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY SALUTING AND HONORING MIKE COLLINS FOR A STELLAR JOURNALISM CAREER AS A SOUTH BEND LOCAL NEWS ANCHOR AND NEW DIRECTOR Whereas, the Common Council of the City of South Bend, Indiana, recognizes that Mike Collins signed off from his last broadcast at WSBT-TV on Friday, November 30, 2007; and Whereas, the Common Council notes that this Pittsburgh native graduated with a communications degree from the University of Notre Dame in 1967; and Whereas, since 1981, Mike has been loyal to his alma mater and thousands of Notre Dame football fans who experience Mike’s pure joy and excitement as he enthusiastically announces all home grid iron games held at the Notre Dame Stadium; and Whereas, the Council is especially proud to recognize that Mike began as a cub reporter at WNDU-TV (Channel 16), where he worked hard to rise through the ranks to become News Anchor and News Director until March of 1994, then briefly returned to Pittsburgh to serve as Executive Director of the Three Rivers Stadium; and returned to South Bend in October, 1995 and joined WSBT-TV as its News Director in September 1996 and diligently served in this capacity until his retirement late last year. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly thanks and commends Mike Collinsfor his sincere dedication to an exemplary journalism career during which he, utilizing the sound philosophies and ethics learned at Notre Dame, reported with integrity, candor, wit and accuracy. Section II. The South Bend Common Council is especially proud to recognize that Mike Collins has brought honor to himself; his many former colleagues at both WNDU-TV and WSBT-TV, his countless number of friends; and especially to the City of South Bend, Indiana, which he staunchly supports and fights for as a “city person” to be a rich and vibrant community. The Council sincerely wishes Mike, his wife Melissa, and their family all the best in the years ahead, and hopes that they will continue to enrich our city with their presence and active participation. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. 2 REGULAR MEETING FEBRUARY 11, 2008 Councilmember Dieter, 4903 Starboard Drive, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Mr. Collins. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Mr. Collins thanked the Council for this honor. He stated that he has lived his entire adult life in South Bend and fought hard for the City. Mr. Collins stated that he believes that the City has taken shots that it doesn’t really deserve. He stated that he will continue to fight for the City of South Bend. Mr. Collins noted that he is not fully retired and looking for work. He has a website www.mikecollinsnews.com and invites people to log on and participate in the forums. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Puzzello seconded the motion which carried. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain , 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney th Attest: Adopted this 11 day of February, 2008 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend RESOLUTION NO. 3833-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING AND THANKING JIM WENSITS FOR HIS KEEN INSIGHTS AND DEDICATED JOURNALISM CAREER OF MORE THAN FORTY-ONE (41) YEARS Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that Jim Wensits, a loyal 1966 Purdue graduate, spent forty-one (41) years of his life interviewing and researching in preparation for drafting news articles which have been read by thousands; and Whereas, the Common Council notes, that this Boilermaker, who wrote many of his more that 20,000 articles and editorials in the shadow of the Golden Dome, will long be remembered for his probing questions during interviews, his fairness and accuracy in reporting the news; and Whereas, for over 41 years, Jim covered a multitude of local government; serving twice as the South Bend Tribune’s political writer; serving as Associate Editor of the Tribune from 1992 to 2003; and always taking the time to delve deep to get the facts and then report them in a timely and accurate manner so that the readers could stay abreast of news affecting South Bend; and Whereas, Jim is currently the host of Politically Speaking, a weekly program focusing on commentary regarding government and political issues airing on WNIT Public Television. 3 REGULAR MEETING FEBRUARY 11, 2008 Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the , Common Council hereby publicly thanks and commends Jim Wensitsfor his more than forty-one (41) years of dedication to professional excellence in journalism, where he covered local, state and federal government, and meticulously reported, often with humor, but always with keen insight, the key stories of the day. Section II. The South Bend Common Council is especially proud to recognize , and honor Jim Wensits who has brought honor to himself; his family, his former colleagues at the South Bend Tribune, his many friends; and the City of South Bend, Indiana. The Common Council hopes that in retirement and in the many years to come, that Jim and his wife, Carol, will continue to probe, question, and provide insights which are second to none. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain, 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney th Attest: Adopted this 11 day of February, 2008 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Oliver Davis, 1801 S. Nash Street, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Mr. Wensits. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Mr. Wensits thanked the Council and considers this Resolution a privilege and an honor. He stated that unlike his counterpart, Mr. Collins, he is retired. Mr. Wensits stated that he has been a resident of Clay Township for several years. He believes that South Bend is the driver of what makes this community so great. He noted that the surrounding communities would not be around if not for all the great things that South Bend has achieved. Mr. Wensits reiterated that he too will keep fighting for South Bend. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Dieter seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:30 p.m. Councilmember Dieter made a motion to resolve into the Committee of the Whole. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dieter, Chairperson, Committee of the Whole, presiding. Councilmember Dieter explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. 4 REGULAR MEETING FEBRUARY 11, 2008 Councilmember Dieter stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 85-07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 701 S. GRANT STREET, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this Committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Mr. Mark Lyons, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana presented the report from the Commission. Mr. Lyons advised that property owner West Side Democratic & Civic Club, Inc., along with the contingent purchaser Habitat for Humanity of St. Joseph County are requesting a zone change from MU Mixed Use District to SF2 Single Family and Two Family District. The proposed use is compatible with the adjacent land uses. The site, which is currently a vacant lot, is being developed as infill housing for a Habitat for Humanity project. The addition of a new home will develop an under utilized parcel and should have a positive effect on the surrounding properties. The Commission held a public hearing on this bill on Tuesday, January 15, 2008 and sends this bill to the Council with a favorable recommendation. Ms. Violet Schorsch, Habitat for Humanity, 402 E. South Street, South Bend, Indiana, made the presentation for this bill. Ms. Schorsch advised that Habitat for Humanity is requesting that this property be rezoned from MU Mixed Use District to SF2 Single Family and Two Family District to allow for the construction of one single family residence. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Henry Davis asked if Habitat could confirm the number of homes constructed in St. Joseph County. He also questioned how many of the homes have garages, and their market value. Ms. Schorsch stated that she doesn’t see a problem with having that documentation and will take that request back to Habitat for Humanity. Ms. Schorsch stated that because the homes are built with grant money, that is what dictates on what is built. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 88-07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2122 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDIANA 5 REGULAR MEETING FEBRUARY 11, 2008 Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this Committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Mr. Mark Lyons, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana presented the report from the Commission. Mr. Lyons advised that the petitioner is requesting a zone change from “LB” Local Business to “CB” Community Business to allow for office or retail uses. On site is a 3,200 square foot building zoned LB Local Business District. To the north across South Bend Avenue is a bank zoned CB Community Business District. To the east is a business zoned LB Local Business District. To the south is a supply/warehouse company zoned GB General Business District. To the west is a barber shop zoned LB Local Business District. 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 0.51 acres. The site plan shows an existing approximately 3,200 square foot building. Buildings cover approximately 14% of the site. The site plan shows 10 parking spaces with up to 20 spaces available depending on the use. The 10 existing parking and drives consist of 30% of the site. The remaining 56% of the site consist of open area. Type A Open Landscaping is required along all property lines. There is also a billboard located along the north property line of the site. South Bend Avenue has four lanes and a center turn lane. The site is currently served by private well and septic systems. The City Engineer has reviewed the site plan and recommends connection to municipal sewer and water. The water main is located on the frontage of the property on South Bend Avenue and sewer is available two lots south of the subject property. The site currently has a vacant building. The area is commercial in character. The most desirable use for the property is commercial. The surrounding property values should not be affected by the rezoning. It is responsible development and growth to allow the reuse of an underutilized building. Mr. Lyons advised that the Commission held a public hearing on this bill and it is being sent to the Common Council with a favorable recommendation. Mr. Lyons further noted that this area is an acceptable location for Community Business District uses. The rezoning is compatible with the surrounding land uses and zoning to the north and east. The rezoning will reuse an underutilized structure and should benefit the surrounding area. The addition of the required landscaping will help beautify the adjacent area. Mr. Steven Studer, Plews, Shadley, Racher & Braun LLP, 53732 Generations Drive, South Bend, Indiana, made the presentation on behalf of the owner Dignan LLC. Mr. Studer advised that that Dignan is a property management company and is seeking this rezoning to allow greater flexibility with the potential of future uses at this location. Mr. Studer further advised that Dignan anticipates an office or retail use as allowed by the CB zoning classification. He noted that this rezoning will be consistent with neighboring properties. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 09-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING SEDA TIF FUND NO. 414 AND TRANSFERRING REMAINING FUNDS TO AEDA TIF FUND NO. 324 6 REGULAR MEETING FEBRUARY 11, 2008 Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Beth Leonard, Director, Financial & Program Management, Community & Economic Development, 1200 County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill would allow for the closing of the Sample-Ewing Development Area (SEDA) TIF fund (Fund 414) and transfer all monies to the Airport Economic Development Area (AEDA) TIF (Fund 324). This change is necessary to mesh with the expansion of AEDA to include the SEDA boundaries and will allow more accurate accounting of funds. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Rouse questioned whether having the money all in one fund is such a good ides. He stated that he felt that having funds in one account doesn’t seem like a good accounting practice. He worried that one area would receive more funds than the other. Ms. Leonard stated that because of the expansion of the AEDA TIF to include the SEDA TIF, this consolidation will allow her department to account for funds more accurately. She noted that it would be easier to report on how much each TIF area is receiving. Councilmember Varner stated that the Redevelopment Commission does things that don’t necessarily come back to the Council for final approval. He stated that he would like for the Council to have more oversight allowing for more accountability when drafting budgets for the next year. Ms. Leonard stated that she encourages continued discussion with the Council on various projects that her department is working on. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 10-08 PUBLIC HEARING ON A BILL AMENDING ORDINANCE NO. 9790-07 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2008 nd Councilmember White made a motion to accept the 2 Substitute Version of this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes.. Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported nd that this committee held a Public Hearing on this 2 substitute bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Mayor Stephen J. Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Luecke advised that on September 24, 2007, the Council fixed 2008 wages for all City employees in Ordinance #9790-07. This bill would amend the prior ordinance to 7 REGULAR MEETING FEBRUARY 11, 2008 reflect a pay increase consistent with the increase that was given to the Teamster’s and allow that for appointed officers and non-bargaining employees of the City of South Bend, Indiana, for the calendar year 2008. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable nd recommendation to full Council concerning this 2 Substitute bill. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Puzzello made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Derek D. Dieter, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:55 p.m. Council President Tim Rouse presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 9826-08 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 701 S. GRANT STREET, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9827-08 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2122 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Dieter made a motion to pass this bill. 8 REGULAR MEETING FEBRUARY 11, 2008 Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9828-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING SEDA TIF FUND NO. 414 AND TRANSFERRING REMAINING FUNDS TO AEDA TIF FUND NO. 324 This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember LaFountain seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9829-08 AN ORDINANCE AMENDING ORDINANCE NO. 9790-07 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2008 nd This bill had third reading. Councilmember Puzzello made a motion to consider the 2 substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as substituted. Councilmember LaFountain seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 07-122 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND IN THE AIRPORT DEVELOPMENT AREA AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN YEAR REAL PROPERTY TAX ABATEMENT FOR OLIVE CLEVELAND PARTNERS LLC Councilmember Dieter made a motion to continue this bill until the February 25, 2008 meeting of the Council at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3834-08 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 THE OLD TARGET STORE RETAIL COMPLEX LOCATED ON THE NORTH SIDE OF MCKINLEY AVENUE JUST WEST OF HICKORY ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN-YEAR REAL PROPERTY TAX ABATEMENT FOR MCKINLEY APARTMENTS HOUSING PARTNERS, LP 9 REGULAR MEETING FEBRUARY 11, 2008 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 known the old Target Store Retail Complex located on the north side of McKinley Avenue and west of Hickory Road, South Bend, Indiana, and which is more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND lying and being in the southeast quarter of Section 5, Township 37 North Range 3 East, in the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: COMMENCING at the southeast corner of said southeast quarter of Section 5; thence North 00°02’06” East along the East line of said southeast quarter, a distance of 726.00 feet to a point; thence run North 89°28’22” West a distance of 40.00 feet to a point; thence run North 89° 28’ 22” West, a distance of 648.65 feet to a point, the POINT OF BEGINNING; thence run South 00°01’12” West, a distance of 686.02 feet to a point; thence run North 89° 28’ 28” West, a distance of 525.01 feet to the east line of McKinley Terrace Addition; thence run North 00°00’00” East, along said east line of said McKinley Terrace Addition a distance of 1411.91 feet to a point and the south line of McKinley Terrace Addition, Section “A”; thence run South 89°31’54” East along said south line of McKinley Terrace Addition, Section “A”, a distance of 443.34 feet to a point; thence run South 00°01’12” West, a distance of 404.56 feet to a point; thence run North 89°28’ 22” West a distance of 9.11 feet to a point; thence run South 00°24‘33” West a distance of 261.23 feet to a point; thence run South 89°28’12” East a distance of 10.89 feet to a point; thence run South 00°01’12” West a distance of 60.53 feet to a point; thence run South 89° 28’ 22” East a distance of 82.17 feet to a point, the POINT OF BEGINNING. Said tract being 15.60 acres more or less. and which has Key Number 18-5201-7736 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; 10 REGULAR MEETING FEBRUARY 11, 2008 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 Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Bill Hollingsworth, Equal Development, LLC, 12557 Branford Street, Carmel, Indiana made the presentation for this bill. Mr. Hollingsworth advised that Equal Development, LLC intends to construct a 208-unit, multi-family housing project which contains two-story brick buildings featuring one, two, three, and four bedroom units. The project will be carried out in two phases with 128 apartments constructed in Phase I and 80 apartments in Phase II. Each apartment unit will provide residents with a full-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 a first-floor exterior entrance; garages and carports will be 11 REGULAR MEETING FEBRUARY 11, 2008 available to residents for a rental rate. The community will feature a large clubhouse with managers’ community room, community TV with cable, fitness room, computer room, and a kitchen area. There will be 13 apartment units set aside for disabled residents. 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. BILLS – FIRST READING BILL NO. 11-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY FO SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MINUTES OF THE COUNCIL’S STANDING COMMITTEE MEETINGS This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Council Rules Committee and set it for Public Hearing and Third Reading on February 25, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 12-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #1, STEVE & JEAN COOREMAN, 21300 BLOCK OF CLEVELAND ROAD & 52804 LYNNEWOOD AVENUE, SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REQUEST TO FAST TRACK BILL NO. 08-08 – REZONING OF PROPERTY BETWEEN 3515 MCKINLEY AND APPROXIMATELY 125 FEET EAST OF PRESTON DRIVE Councilmember White made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 25, 2008. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 12 REGULAR MEETING FEBRUARY 11, 2008 NEW BUSINESS Councilmember White advised that she attended the Urban Enterprise Association Meeting. She noted that they discussed the lease agreements at the Sample Street Business Complex and the audit. She was happy to report that all is well with the audit and she will file copies with the Office of the City Clerk. PRIVILEGE OF THE FLOOR COMMENTS FROM MR. STEPHEN RANGE REGARDING AMERICAN PIT BULL TERRIERS Mr. Range informed the Council that if they don’t take action on amending the Municipal Code regarding American Pit Bull Terriers he is going to exploit the inequality and unfairness by contacting all the owners of Pit Bull Dogs and inform them that he is in the process of trying to change this section of the ordinance that classify all American Pit Bull Terriers as dangerous animals. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 8:15 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Timothy A. Rouse, President 13