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HomeMy WebLinkAbout04-28-08 Common Council Minutes REGULAR MEETING APRIL 28, 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, April 28, 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 April 14, 2008, 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 White made a motion that the minutes of the April 14, 2008 meetings 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 RESOLUTION NO. 3852-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING, ALL POLICE OFFICERS KILLED IN THE LINE OF DUTY AND DECLARING THE WEEK OF MAY 11 – MAY 17, 2008 AS NATIONAL POLICE WEEK IN SOUTH BEND, INDIANA , Whereas the Common Council of the City of South Bend, Indiana, notes that more than 900,000 sworn law enforcement officers serve throughout the United States; with 181 of these officers dying in the line of duty in 2007, increasing from 151 officers who died in the line of duty in 2006; and , Whereasthe Common Council notes that the National Law Enforcement Officers Memorial in Washington, D.C., honors more than 18,200 of America’s federal, 1 REGULAR MEETING APRIL 28, 2008 state and local law enforcement officers who have been killed in the line of duty, with this annual week of memorial services beginning in 1962 when President John F. th Kennedy designating each May 15 as Peace Officers’ Memorial Day requiring all American flags lowered to half-staff and having week-long activities to honor these Fallen Heroes; and , Whereas the South Bend Common Council further recognizes that on Friday, May 9, 2008 the Fraternal Order of Police, Lodge # 36 will be conducting at our Police Department Headquarters, the City of South Bend’s annual tribute and memorial service to honor all of the South Bend Police Department Officers who have given their lives in the line of duty, namely : Hans Brandt Paul R. Deguch Lewis Keller Delbert Thompson Fred E. Buland Charles E. Farkas, Sr. Neil McIntyre Lloyd Thompson Oscar Christenson Thomas J. DeRue, Sr. Nick S. Polizzotto Howard Wagner Samuel Cooper Ronald St. Germain, Sr Scott Lee Severns with each of these officers having served our city with courage, honor and the utmost of professionalism; with each of them also being remembered in the many other activities at the National Peace Officers Memorial and the National Law Enforcement Museum which is a tribute to the essential role which law enforcement plays in a free a society. 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 commemorates, celebrates, remembers and gratefully honors each of the fifteen (15) members of the South Bend Police Department who made the ultimate sacrifice while serving and protecting the residents of the City of South Bend, Indiana, and salutes and embraces each of their family members and friends. Section II. The South Bend Common Council honors each of our fallen police heroes who have had the 10-42 called out; all of the fallen law enforcement officers across the country, and all of their families, friends and colleagues who have been left behind; not because of the way each of them died, but rather because of the way each of these dedicated police officers lived and faithfully and selflessly performed their many police duties on a 24/7 basis. Section III. The Common Council hereby declares the week of May 11-17, 2008, asNational Police Week in South Bend, Indiana. The Common Council urges all citizens , to attend the upcoming Memorial Service on Friday, May 9, 2008and to always remember those who have given their lives while serving as part of the “thin blue line” standing between the lawful and the lawless. The Council honors each of our dedicated police officers for their individual commitment to their police careers and for their daily commitment to making our community safe & secure. Section IV. 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 28 day of April, 2008 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend 2 REGULAR MEETING APRIL 28, 2008 Councilmember Henry Davis, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Police Chief Darryl Boykins. A Public Hearing was held on the Resolution at this time. Chief Boykins thanked the Council for this Resolution honoring all police officers killed thth, in the line of duty and declaring the week of May 11 - 172008 as National Police Week in South Bend, Indiana . He stated that he would like to never have another officer killed again. Chief Boykins stated that these officers have made the ultimate sacrifice while serving and protecting the residents of the City of South Bend, Indiana. He thanked the dedicated men and women of the South Bend Police Department who make the commitment to serve and protect daily and make the community safe & secure. Rick Ruszkowski spoke on behalf of his brother Lt. Scott Ruszkowski, President FOP Lodge #36 who was unable to attend the meeting. He thanked the Council for this honor. He also advised that the Memorial Service will be held on Friday, May 9, 2008. Councilmember’s White, Dieter, Kirsits, Puzzello, Rouse, Varner, Oliver Davis offered comments and thanked all the members of the South Bend Police Department for their dedication and commitment to making our community safe and secure. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Dieter seconded the motion which carried. RESOLUTION NO. 3853-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING TANIA L. HARMAN OF THE WARREN PRIMARY CENTER FOR BEING SELECTED AS THE 2008 TEACHER OF THE YEAR BY THE SOUTH BEND COMMUNITY SCHOOL CORPORATION Whereas, the Common Council of the City of South Bend, Indiana, recognizes that there are over 60,000 persons teaching in the 294 public school corporations and state-accredited non-public schools throughout the State of Indiana; and Whereas, the Common Council acknowledges that on April 15, 2008 the South Bend Community School Corporation honored thirty-two (32) teachers who serve in our primary centers, intermediate centers and high schools for their teaching skills and dedication to education excellence; and Whereas, the South Bend Common Council is especially proud to honorTania L. Harman, for being selected as the 2008 Teacher of the Year by the South Bend th Community School Corporation, marking the 29 year of this special recognition and making Tania L. Harman eligible to become Indiana’s Teacher of the Year; and Whereas, Tania L. Harman is a bilingual grade one and two teacher at Warren th Primary Center; is in her 20 year of teaching in the South Bend Community School Corporation, having previously taught at Kennedy, Monroe, Lafayette and Wilson before coming to Warren Primary Center; and Whereas, the South Bend Common Council believes that Tania L. Harman represents the very best of the education profession as exemplified by her caring and sensitive attitude, her sincere dedication, her exceptional teaching talents, and her enthusiastic teaching methods to inspire young minds, which are exemplified by her very own words: 3 REGULAR MEETING APRIL 28, 2008 “Students are more successful when there is a partnership among the students, families, and teachers. The students and I are working together daily, but we also need the parents’ support and involvement. Very few of the parents I work with speak English, so I seek out ways to make them feel comfortable in the school, and to help them to be of assistance to their children….Parents’ perception of the schools and of this country is enhanced because they know that they are important to me, so this makes them more eager to be involved….Teaching is a privilege that enables me to passionately inspire students, colleagues, parents, and me – What greater reward can there be than this….I expect EVERY student in my class to meet and exceed grade level expectations. 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 commends and congratulates Tania L. Harmana bilingual grade one and two teacher atWarren Primary Centerfor being named the 2008 Teacher of the Year by the South Bend Community School Corporation, which is the highest of all teaching honors in our community. Section II The Council wishes Tania L. Harmanmany more years of continued success as an outstanding teacher in the South Bend Community School Corporation, and hopes that her passion for teaching only continues to grow in the years ahead. 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 28 day of April, 2008 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Ann Puzzello, 1247 E. LaSalle Avenue, 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 Tania L. Harman. A Public Hearing was held on the Resolution at this time. Carla Killelea, Principal, Warren Primary Center, stated that Tania is an awesome teacher. She stated that her passion for teaching is outstanding and is very proud to work with Tania. Councilmember’s LaFountain, Oliver Davis, and Dieter offered comments and thanked Ms. Harman for her commitment and dedication to education. Councilmember Kirsits made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. 4 REGULAR MEETING APRIL 28, 2008 RESOLUTION NO. 3854-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP, CLEVELAND AND LYNNEWOOD ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 4.92 acres of land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 28.4% contiguous, generally located at the Northeast corner of Cleveland Road and Lynnewood Avenue. It is anticipated that the annexation area will be developed for two retail buildings and a restaurant under the “CB” (Commercial Business) zoning classification as defined by the City of South Bend’s Zoning Ordinance. This development 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, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non- capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non- capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent 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, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within 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; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in German Township, St. Joseph County, Indiana be annexed to the City of South Bend: 5 REGULAR MEETING APRIL 28, 2008 Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non-capital nature, such as police and fire protection, street and road maintenance, 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 services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, 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. Section III. That the South Bend Common Council, 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 network and water main are available to service this area with any extensions for future development to be paid by the developer; that the annexation area will require curb and sidewalk on the east side of Lynnewood as well as any upgrade of the existing sidewalk on Cleveland to meet City standards; that street lighting, parking, and other similar improvements, together with a drainage plan will be constructed by the developer, and that all improvements under this section as well as any necessary screening, signage, and vehicular access shall conform to the latest state and City of South Bend standards and ordinances. 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 north. 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. Furthermore, the developer shall provide at its own expense as part of the development review process, a traffic impact analysis to determine the need for traffic controls at the intersection of Lynnewood and Cleveland and for any access openings as shown on the site plan or as may be requested in the future. The traffic impact analysis study area shall include existing or potential commercial frontage on Cleveland Road from Lynnewood Avenue to Lilac Road. In addition to the traffic impact analysis referenced above, to the greatest extent possible, the north most entrance and exit on Lynnewood Avenue shall be aligned with the planned entrance and exit on Lynnewood Avenue for the German Township Library. Curb cuts along Lynnewood Avenue shall be engineered to impede Semi-Truck Trailers from turning north by constricting the turn-radius to the necessary degree. The developer must provide vehicular access to the annexation area from and to the parcels to the east if they are redeveloped for commercial purposes, and must submit a site plan that indicates that the annexation area can accommodate this criterion. 6 REGULAR MEETING APRIL 28, 2008 Each storefront in the planned retail and financial buildings shall have a different façade, in keeping with new developments referred to as “lifestyle centers.” No drive- through facilities will be permitted in the northern-most building to reduce noise pollution to the neighboring residential properties. No curbs will be permitted along Lynnewood Avenue to reduce the visual disconnect between the elevation of the roadway and the development site. Building plans and other information to satisfy requirements of state and local law 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 effective from and of the date of adoption by the Common 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 28 day of April, 2008 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. th Mr. George Adler, Community Development Department, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this Resolution. Mr. Adler advised that the annexation area is located north of Cleveland road and to the east of Lynnewood Avenue approximately 1/5 mile east of the intersection of Portage and Cleveland. The annexation area is 4.92 acres and contains two vacant single-family homes and vacant land. The existing homes are slated to be removed and three commercial buildings are planned. Two of the three buildings are planned for retain (14,400 and 10,200 square feet) and one is planned for a restaurant facility (5,315 square feet.) The proposed site plan consists of 15.76% building area, 61.34% parking area, and 22.90 % open space. He noted that the site is zoned “R” Residential and “O/B” Office/Buffer District 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. No people currently reside in the annexation area. The annexation st area will be in the 1 District. Mr. Adler advised that there is a sanitary sewer on the Cleveland Road boundary of this site. The South Bend Water Works currently has a 12” water main on the north side of Cleveland Road that has more than adequate capacity for the annexation area. If the developer wishes to construct and dedicate additional or decorative street lighting, the City will accept it for maintenance and operation. Otherwise the annexation area property taxes will support additional contract street lighting on Lynnewood. A traffic impact analysis is necessary to determine the need for traffic controls at the intersection of Lynnewood and Cleveland and for any access openings as shown on the site plan or as may be requested in the future. The traffic impact analysis study area should include existing or potential commercial frontage on Cleveland Road from Lynnewood Avenue to Lilac Road. Mr. Adler noted that development in this annexation are will require curb and sidewalk on the east side of Lynnewood as well as any necessary upgrade of the existing sidewalk on Cleveland to meet City standards. Drainage facilities will be required to be constructed by the 7 REGULAR MEETING APRIL 28, 2008 developer and meet the latest City of South Bend standards. No waivers of annexation are in effect for the annexation area. The annexation area would be added to the already existing Beat 22 of the South Bend Police Department and would be serviced by Fire Department Station #11, located at 3505 N. Bendix, approximately 0.6 miles away. At this time both departments believe that there would be no additional increases to their departments. Emergency medical response will continue to be provided by the City of South Bend. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. The annexation area will be added to Area 8 in the Department of Code Enforcement. Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Industrial, commercial and apartment customers are not served by the Bureau of Solid Waste. A private waste hauler will be required to serve this development. Administrative services are available upon the effective date of the annexation. Full and dedicated response for non-capital services will be in place within one year of the effective date of the Annexation. Mr. Adler noted that in addition to the traffic impact analysis referenced above, to the greatest extent possible, the north most entrance and exit on Lynnewood Avenue shall be aligned with the planned entrance and exit on Lynnewood Avenue for the German Township Library. Curb cuts along Lynnewood Avenue shall be engineered to impede Semi-Truck Trailers from turning north by constricting the turn-radius to the necessary degree. The developer must provide vehicular access to the annexation area from and to the parcels to the east if they are redeveloped for commercial purposes, and submit a site plan that indicates that the annexation area can accommodate this criterion. A Public Hearing was held on the Resolution at this time. Mr. Stephen C. Smith, 6605 Dockside, South Bend, Indiana, spoke in favor of this Resolution. Mr. Smith advised that he gladly welcomes this development. The project will offer new shopping to the northwest area. He stated that he and his family shop on Grape Road in Mishawaka several times a week and with gas prices at an all time high, he would like to be able to shop closer his home. He believes that this development will have unique stores to the area which needs more retail and restaurants to keep up with growing residential population. There was no one else wishing to speak in favor or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis) RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:35 p.m. Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember 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. Councilmember Dieter stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS 8 REGULAR MEETING APRIL 28, 2008 BILL NO. 12-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #1, STEVE & JEAN COOREMAN, 21300 BLOCK OF CLEVELAND ROAD & 52804 LYNNEWOOD AVENUE, SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation, subject to the written commitments. th Mark Lyon, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Lyons advised that the petitioner is requesting a zone change from R Single Family District and OB Office Buffer District (County) to CB Community Business District (City) to allow restaurants with and without drive-thru window, retail uses, and financial uses with or without a drive-thru window. On site are two single family homes. One zoned R Residential and one zoned OB Office Buffer District. To the north are single family homes zoned R Residential within the County, to the east is a funeral home zoned OB Office Buffer District within the County. To the south the toll road is vacant land zoned SF1 within the City of South Bend. To the west is a beauty shop zoned B Business within the County. The “CB” Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. The site is approximately 4.92 acres. The site plan indicates three one-story commercial buildings totaling approximately 30,000 square feet. The buildings will cover approximately 16% of the site. 169 parking spaces are shown for the development. Parking and drive will cover an additional 62% of the site. A residential buffer yard and screening will be provided along the northern property line. Landscaping and open space will cover the remaining 22% of the site. The site plan proposes four access points: two from Cleveland Road and two from Lynnwood Avenue. The Area Plan Commission held a public hearing on Tuesday, March 18, 2008 and the petition is sent to the Common Council with a favorable recommendation, subject to written Commitments that (1) that the egress from the proposed development onto Lynnewood be reviewed by the City Engineer and if it is determined that left out only drives are acceptable, then the design of the egress points will be such that right turn movements onto Lynnewood are prohibited; (2) no drive-thru window on the north building; and (3) providing access to the east property. The area along Cleveland Road is commercial/business in nature and will adequately support the development of further commercial businesses. He stated that Cleveland road is a major thoroughfare which supports the type of traffic associated with this type of commercial development. This plan is consistent with what the City of South Bend has envisioned for this area when it adopted City Plan in November 2006. The required landscaping and buffer yard should buffer the adjacent residential area to the north. The written commitment requiring access to the adjacent eastern property will help connectivity between developments should the adjacent property further develop and should lessen the traffic impact if the adjacent site were developed commercially. Mr. Michael Danch, Danch, Harner & Associates, Inc. 1643 Commerce Drive, South Bend, Indiana, along with Mr. Steve Cooreman, President Cooreman Real Estate Group, 4404 Technology Drive, South Bend, Indiana, 46628, made the presentation for this bill. Mr. Danch advised that the project Cleveland Crossings Lifestyle Center will offer upscale boutique shopping and villages shoppes. He stated that Mr. Cooreman is seeking 9 REGULAR MEETING APRIL 28, 2008 a zone change from R Single Family District and O/B Office/Buffer District (County) to CB Community Business District (City), property located at the northeast corner of Cleveland Road and Lynnewood Avenue lying immediately west of 21275 Cleveland Road and south of 52776 Lynnewood Avenue, City of South Bend. Mr. Danch read the written commitments into the record. 1.To align as close as possible, the Developments’ North Drive with the St. Joseph County Library Lynnewood Avenue. 2.Restrict Drive openings unto Lynnewood Avenue for exiting vehicles to only be allowed to go south from Development to Cleveland Road. 3.Developer to allow access from proposed Development to future non-residential development on property adjacent to and East of Development property. 4.Each Store front in the Planned Development shall have a different façade, in keeping with the proposed Development which is referred to as a “Lifestyle Center.” 5.No Drive-thru facilities shall be permitted in the Northern-most building shown on the submitted preliminary site plan to help reduce noise pollution to the adjacent residential properties. 6.No curbs will be permitted along the Eastern pavement edge of Lynnewood Avenue to reduce the visual disconnect between the elevation of the roadway and the Development site. 7.Place a 6 ft. high privacy fence along the common boundary between the Development property and the property presently owned by Patrick Romano which is located on Lynnewood Avenue. This is to help protect the Romano grandchildren and to prevent trash and pedestrian traffic from coming onto the Romano property. Also the Developer is to remove all “marked trees” that were selected at an on-site meeting attended by Patrick Romano, Councilman Ann Puzzello and the Developer Steve Cooreman. The selected trees were located on both the Romano property and the Development property. 8.State in the Developments’ Covenants and as part of the Written Commitments that any product delivery times and trash collection times are to occur between the hours of 8:00 a.m. and 5:00 p.m. All developments’ trash bins will be 100% walled off with lockable gates. A written scheduled routine for policing the Development site and trash and papers and a standard of lawn care and parking lot care, as far as weeds and snow piles are concerned. 9.Cooreman Real Estate Group will not lease to any “undesirable tenants”, such as: Liquor Stores, Tattoo parlors, Adult Entertainment type business, Cigarette Shops or other non-family uses. 10.No “Fast-food” type Restaurants with Drive-thru facilities shall be located at the Southwest corner of the Development along Lynnewood Avenue and Cleveland Road as shown on the preliminary site plan. A “Sit-down” Restaurant can be located at this location without a Drive-thru facility. Mr. Cooreman advised that he is a local developer of eight (8) high-end residential neighborhoods since 1992, with six hundred (600) new homes adding $165,000,000 of new construction in St. Joseph County. Mr. Cooreman stated that he is a lifelong resident of the South Bend Area. He also noted that he is a past member of the plan commission and he is committed to stand behind the developments that he builds. Mr. Cooreman stated that a “Lifestyle Center” is just another name for a fancy strip center, but the architecture is not a linear façade across the front, but more of individual unique shops each with their own flare. He stated that he is targeting high end tenants such as jewelry shop, boutiques, pet stores, clothing stores, fitness centers, tanning & beauty salons & spas, cell phone companies along with family restaurants and sandwich shops. Mr. 10 REGULAR MEETING APRIL 28, 2008 Cooreman stated that there will absolutely not be any cigarette shops, tattoo parlors, bars or other non-family friendly users allowed in the development. Mr. Cooreman stated that he will own and manage the center, unlike many retail developers and shopping areas that are owned by out-of-state corporate investors. Mr. Cooreman advised that the project will add approximately 5.4 million in additional tax base to the City of South Bend and generate additional local and state income tax. Property currently generates less than $900 in taxes. When complete the development will generate approximately $80,000- $100,000 in new taxes. There will be approximately 100 new permanent jobs created for South Bend and will support the local construction trades. The development will provide a catalyst for more residential growth northwest which lacks high end retail shopping options. Mr. Cooreman stated that this project will enhance a part of Cleveland Road that this currently blighted and seeks the Council’s favorable support in an effort to enhance South Bend and its resident’s quality of life. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individuals spoke in favor of this bill. Mr. Stephen C. Smith, 6605 Dockside, South Bend, Indiana, stated that he is a local realtor at ReMax Irish. He stated that some of the businesses that he would like to see would be a fitness work-out facility for adults and a kids health and fitness center like Monkey Business who is owned by a local member of the community; a health food store and a video rental store. These are services that he and his family utilize on a weekly basis that they have to drive twenty (20) minutes or more to take advantage of. He stated that it would be very exciting to have these kinds of uses closer to home, especially with the price of gasoline. Mr. Pat McGann, owner McGann-Hay Funeral Homes, 21275 Cleveland Road, South Bend. Mr. McGann stated that the funeral home is located immediately adjacent east of this proposed development. Mr. McGann stated that he is not speaking for or against the development but making some comments being the adjacent property owner. He stated that he was one of the first developments north of the Toll Rd. on that section of Cleveland Road in the City/County. He has seen a lot of growth in that area since and it has certainly changed the flavor of the area considerably over the years. He has had the funeral home open there since 1991. He stated that one of the things that came up in the Committee Meeting this afternoon, is the possibility of removing a section of the concrete barrier in front that was placed there when the new reconstruction of Cleveland Road when it was done a number of years ago. He stated that would be something that should be considered and the dollar amount would be minimal. He stated that there was one there previously when the metal barricades were there and he stated that from his observations that he has made on Cleveland Road that this development’s entrance may have more traffic that either one of the side streets. The bulk of traffic that will be coming to this location will really need to be considered and the library may change that too. The impact that the curb cut in the center median might have is not going to be a deterrent or a safety issue with the traffic on either street. Mr. McGann stated that the placement should be directly in the middle of the block. He stated that the front and rear entrance in the development should have a common ingress/egress access for automobiles along the front side of the property and for future potential development along backside of the property is preferred to go all the way to the Lake City Bank and have access to Lilac Road to eliminate as much traffic on the side streets as possible. He emphasized this as a good idea and stated that it has been addressed in the development proposal. Mr. McGann stated that he lives in Brendan Hills an area that was very much opposed to the development of Heritage Square and Toscana Park Development, it has not deterred from their property values, but there were six pages of commitments that were put onto to that development before it was passed in the City of Mishawaka. He stated that before he bought the property on Cleveland Road, the building that was on it sat empty for eight (8) years and no one wanted to buy it as a Residential Property to live in. Mr. McGann stated that the vacant home on this property has had problems with vandalism and he has been on Mr. Cooreman’s case to tear the home down. One of the benefits of this development will be that the property will be covered by the Department of Code Enforcement of the City of South Bend. Mr. McGann noted that if there is a 11 REGULAR MEETING APRIL 28, 2008 code violation, homeowners will be able to call Code Enforcement and have the problem looked into. The following individuals spoke in opposition to this bill. Mr. Randy Przybysz, 1318 Canterbury Drive, South Bend, Indiana, stated that he is here tonight as the County Council Representative in District A that encompasses this annexation/rezoning. Mr. Przybysz stated that the County Council did rezone the property just east of this proposed development for Lake City Bank and a small strip center. However, to date only Lake City Bank has been built. Mr. Przybysz stated that he has heard tonight that there are not enough restaurants in the area. He stated that he counted and there are ten (10) restaurants within one block. He stated that if people think that there is no place to go and get something to eat in that area, they must be on the wrong road. He reiterated that there are plenty of places to get something to eat. The residents in this area have some major concerns with this proposed development and would like to have their questions answered. Mr. Przybysz urged the Council to listen to the neighbors concerns. Mr. Donald J. Napoli, Director, St. Joseph County Public Library, 304 S. Main Street, South Bend, Indiana, advised that he is opposed to Mr. Cooreman’s rezoning for a commercial shopping center at Cleveland Road and Lynnewood Avenue. He urged the Council to vote against the rezoning because the shopping center will bring a great deal more traffic to the intersection of Cleveland Road and Lynnewood Avenue than is now there or will be there once the Library’s new German Township Branch is completed. This proposed shopping center will generate much more traffic than the new branch library. Mr. Napoli estimated that the new library will generate approximately 150 to 250 cars per day, even on its busiest days, by way of Cleveland Road and Lynnewood Avenue. The propose shopping center will generate three to five times that number of 1,000 or 1,200 cars per day, based on the types of businesses that are being proposed, including a high-turnover restaurant with a drive-through window at the corner, and based on the number of parking spaces that will service the other proposed stores. Combined with the public library’s traffic, this creates a very unsafe condition on a very busy highway at this intersection, not just for Library patrons who will drive to the library with their children for our library services and programs, but for anyone traveling along the Cleveland Road highway. He stated that he has no objections to businesses such as business offices, a dental or medical office, an insurance agency, another hair salon, or other such businesses where the turnover and traffic tends to be light. The increased traffic created by this shopping center could generate another traffic light being installed. That would mean that there would be three (3) successive traffic lights within four (4) blocks along this strip of Cleveland Road creating a ridiculous situation for drivers traveling along this section of Cleveland Road. Mr. Napoli stated that this would turn into a situation like in Kokomo, Indiana, one that everyone complains about. He urged the Council to vote against this annexation/rezoning. Ms. Joan Aldridge, 52921 Lilac Road, South Bend, Indiana, advised that she has serious concerns regarding this rezoning because it will be directly in her backyard. Ms. Aldridge stated that currently she is having trouble with Lake City Bank and an outside parking lot light that is shining directly in her backyard. This light pollution is totally unacceptable. She stated that she is aware that the general area around Cleveland Road and Portage Avenue is rapidly becoming commercial, however it is clear that there is still a small area of private homes that is bounded by Lilac Road, Mays Drive, Lynnewood Avenue and Cleveland Road that will probably never be annexed into the City of South Bend, and thus never receive the benefits of being part of the City. She stated that she could live with a zone change to an office-buffer use since that would preserve some of her privacy. But the possibility of open-late businesses that would have food-waste that attracts pests and pollution by lights and noise is completely unacceptable. Ms. Aldridge stated that this would affect her property value as well as her personal safety. She urged the Council to reject any rezoning that would allow any businesses beyond the scope of office-buffer use. 12 REGULAR MEETING APRIL 28, 2008 Ms. Sandy Van DeVeire, 52605 Lynnewood, South Bend, Indiana, advised that the current infrastructure cannot handle the increase of traffic in the neighborhood that this proposed development like Mr. Cooreman is proposing to build. Traffic has already increased with the development of Cross Creek and from Darden Road. Traffic is turning off of Lilac Road onto Mays and then onto Lynnwood Avenue to avoid the stop light at Cleveland and Lilac Roads. There is a residential speed limit zoned 20 mph on Mays Avenue and the only one in that residential area. The library is a welcomed addition to this family oriented neighborhood. However, there will be added traffic with this new branch. The proposed development by Mr. Cooreman will overload the area with more traffic than can be handled by the current infrastructure. There are numerous children in the neighborhood that use bus service to get to and from their daily school activities. On one day alone there were six buses picking up and dropping off children on Lynnwood Avenue. Ms. Van DeVeire urged the Council to vote against this rezoning. Mr. Charles Van DeVeire, 52605 Lynnewood, South Bend, Indiana, the commercial zoning that sits next to Lake City Bank has sat there empty for $12.75 a square foot for over two (2) years, not a big demand. He questioned that Mr. Cooreman has owned this property for quite some time and has claimed that he has been unable to sell it to anyone; maybe the property was priced too high to begin with. Mr. Alan Seidler, 52885 Shellbark, South Bend, Indiana, stated that he is approximately one hundred (100) yards away from the proposed development. Mr. Seidler stated that the reason that zoning laws are put into place is to protect residential areas from businesses and manufacturing. He encouraged everyone present here tonight to envision their own home with a restaurant right next door, in your back yard or even just down the street. Mr. Seidler stated that a soft buffer would be better suited for this location such as businesses that go out to their customers rather than bring customers in, like a real estate office. Ms. Barbara Sweeney, 52939 Lilac Road, South Bend, Indiana, stated that she lives directly next door to Lake City Bank. She stated that she has problems with trash being thrown from their patrons, light pollution from the parking lot lights that illuminate her back and front yard all during the night, and especially the traffic. She stated that she has a six (6) year old daughter that rides the school bus and with the added traffic from the bank it makes it impossible for her to let her daughter stand alone and wait for the bus or even when being dropped off, there has to be someone there to help her cross the street. She stated that she worries about her safety everyday. She urged the Council to vote against this rezoning. Mr. James Blye, 52577 Lilac Road, South Bend, Indiana, stated that there are many empty restaurants and businesses along the 933 N in Roseland. Mr. Blye stated that if this development goes through and with the economy as bad as it is, what if no one wants to lease space in this strip retail center. He fears that the developer will lease to cigarette shops and other unwanted businesses. He stated that he does not see this proposed development as a good thing and urged the Council to vote no. Ms. Lisa Romano, 52776 Lynnwood, South Bend, Indiana, stated that she is speaking on behalf of her father, who is not feeling well this evening. Ms. Romano stated that her father’s property is right next door to this proposed development. The neighbors in this area are very concerned with the rezoning from Office Buffer to Community Business; this will negatively affect everyone in the neighborhood. The traffic generated from the new library, the lifestyle center and the beauty shop will create major issues with wildlife, noise, litter, odor and crime. Ms. Romano stated that her father’s property value will decrease and therefore, he should be compensated for that. She stated that they don’t have a problem with bringing more jobs into the area, especially in the northwest area, but not at the expense of the neighbors at Cleveland and Lynnewood. She urged the Council to reject this rezoning. 13 REGULAR MEETING APRIL 28, 2008 Mr. Toby Todd, 52776 Shellbark, South Bend, Indiana, advised that he just moved into the neighborhood a couple of years ago. He spent years obtaining good credit so that he could purchase his first home. Mr. Todd stated that he has spent countless hours and money improving his property. He noted that the increase in traffic will forever alter the footprint of the neighborhood. Mr. Todd urged the Council to vote against the proposed development. In rebuttal, Mr. Danch stated that in regard to light pollution, there are restrictions that apply to development in the City of South Bend. All the lighting that would be done on this particular site has to be shielded and has to be down lighted, so that in essence there is no light spillage over onto any adjacent property. Mr. Danch stated that they will take care of any light issues that might arise. He noted that there was concern about pedestrian safety on Lynnewood Avenue by the additional traffic from the proposed development. Mr. Danch noted that the proposed development is south of the library, so the only traffic that would be of concern is that of the library itself. So residents and children walking down Lynnewood would only be faced by the traffic heading north onto Lynnewood, and would not be affected by traffic from the proposed development going south onto Lynnewood down to Cleveland. Mr. Danch reiterated that there are the ten (10) written commitments that he read into the record. The commitments are there for the protection of the residents of the neighborhood. Mr. Cooreman advised that it is not good business to sign leases before the development has been approved by the local governing body. Mr. Cooreman stated that change is a hard thing to accept. The Cleveland Road area is changing and this development will have minimal impact on the surrounding properties. He noted that there are developments that back up to residential property all over the county. He stated that he is investing 4 million dollars in this project. He stated that the reason that St. Joseph County had to be exempted out of the 1% cap on property tax is because there is not enough businesses investing in the City of South Bend and that is the reason that our taxes are higher. Eight of the top ten employers in the City of South Bend are not-for- profit. Mr. Cooreman reiterated that with this development the proposed taxes will be approximately $80,000 to $100,000 of new tax base added to the City of South Bend. He again stated that he would absolutely not lease or rent to cigarette shops, tattoo parlors, bars, or other non family friendly users. He asked the Council for their favorable approval. Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill, subject to the written commitments. Councilmember Rouse seconded the motion which carried by a voice vote of seven (7) ayes and two (2) nays (Councilmember’s Henry Davis, Kirsits.) Councilmember Puzzello made a motion to set this bill for third reading on May 12, 2008. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 20-08 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF GOLDEN AVENUE FROM WOODWARD AVENUE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF GOLDEN AVENUE FROM RIVERSIDE DRIVE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET 14 REGULAR MEETING APRIL 28, 2008 Councilmember Varner made a motion to continue this bill until the May 12, 2008 meeting of the Council at the request of the petitioner. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 21-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $400,000 WITHIN FUND 410 FOR POTAWATOMI PARK FUND FOR ALL AND AGING IN PLACE HOME MODIFICATION PROGRAMS Councilmember Puzzello, Chairperson, PARC 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. th Ms. Pam Meyer, Director, Community Development, 12 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that this bill would allow for the appropriation of monies from Fund #410 for the purpose of supporting the City’s partnership with the Community Foundation of St. Joseph County in two ways: The Potawatomi Park “Fun for All” project and the Aging in Place Home Modification Project. Ms. Meyer noted that the park project represents a partnership among the City through its Parks & Recreation and Community & Economic Development departments, the Rotary Club of South Bend and The Troyer Group. The recreational project transforms components of the heavily utilized Potawatomi Park complex making it accessible to people of all abilities. Ms. Meyer stated that the City’s $122,000 will meet the grant’s match requirements. Ms. Meyer further advised that The Aging in Place Home Modification Project began in July of 2007 with the Milton Funds for Senior Housing at the Community Foundation and Wells Fargo. Through the expertise of REAL Services Weatherization Department and Aging Services, the program targets low income seniors in South Bend, with a special focus on African Americans, and an intent to assist these citizens to remain in their home as long as possible. The program goal is to modify 100 homes at an average cost of $10,000 per home. To date sixty-four (64) homes have been assisted. Ms. Meyer advised that at this time the City desires to participate as a partner in this program and requests an appropriation of $278,000. 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 White seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Rouse 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 15 REGULAR MEETING APRIL 28, 2008 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 9:35 p.m. President Timothy Rouse presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 9834-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $400,000 WITHIN FUND 410 FOR POTAWATOMI PARK FUND FOR ALL AND AGING IN PLACE HOME MODIFICATION PROGRAMS This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. (Councilmember Henry Davis not in Council Chamber for vote) RESOLUTIONS RESOLUTION NO. 3855-08 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4315 SOUTH LAFAYETTE BOULEVARD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR HERAEUS KULZER, INCORPORATED WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4315 South Lafayette Blvd., South Bend, Indiana, and which is more particularly described as follows: Parcel 1: 314 X 675.6” BEG 628’ W NE COR SE ¼ NE ¼ 4.86AC SEC 26 37 2E Parcel 2: 314 X 628’ BEG NE COR SE ¼ NE ¼ 4.528 A SEC 26 37 2E and which has Key Numbers 23-1013-075802 (Parcel 1) and 23-1013-075801(Parcel 2) presently, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. 16 REGULAR MEETING APRIL 28, 2008 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Bernie Bolka, Vice-President, Finance & Administration, 4315 S. Lafayette Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Bolka advised that Heraeus Kulzer, Inc. is proposing to renovate a 25,000 square foot existing building in order to combine their managerial/administrative staff with their manufacturing facility that is already on the site. The building is the eastern most of three connected buildings and fronts on South Lafayette Boulevard. This move will improve the efficiency of both operations. The company manufactures and distributes dental consumable products on the site. The estimated cost of the project is $1,800,000. A Public Hearing was held on the Resolution at this time. th Mr. Robert Mathia, Assistance Director, Economic Development, 12 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, spoke in favor of this bill. Mr. Mathia advised that this project is a good fit for the City of South Bend. He encouraged the Council favorable support. There being no one else present wishing to speak either in favor or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis) RESOLUTION NO. 3856-08 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 2107 BASIN STREET OR 5421 ROYAL STREET, 5413 AND 5405 ROYAL STREET, 2205, 2213, 2221, 2229, 2237, 2245, 2303, 2311, 2314, 2306, 2236, 2228, 2220, 2212 ST. CHARLES STREET, 2204 ST. CHARLES STREET OR 5422 ROYAL STREET, 2203 CANAL BOULEVARD OR 5430 ROYAL STREET, 2211, 2219, 2227, 2235, 2307, 2315, 2314, 2306, 2238, 2230, 2222 AND 2214 CANAL BOULEVARD AS RESIDENTIALLY 17 REGULAR MEETING APRIL 28, 2008 DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC 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 9.82 acres within NW ¼, Section 32, T37N, R3E, South Bend, Indiana, and which is more particularly described as follows: A PARCEL OF LAND BEING A PART OF PARENT PART OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, CITY OF SOUTH BEND, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 DEGREES 16 MINUTES 29 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1363.59 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 53 MINUTES 49 SECONDS EAST ALONG THE SOUTH LINE OF A PARCEL OF LAND AS RECORDED UNDER INSTRUMENT NUMBER 8634826 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 753.67 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 624.74 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST ALONG THE NORTH LINE OF STONEHEDGE ESTATES, SECTION THREE, PART TWO AND STONEHEDGE ESTATES, SECTION II, AS RECORDED UNDER INSTRUMENT NUMBERS 9516217 AND 9236154, RESPECTIVELY, IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 750.68 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 16 MINUTES 29 SECONDS WEST ALONG SAID WEST LINE, A DISTANCE OF 625.15 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 10.791 ACRES, MORE OR LESS; SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHTS OF WAY OF RECORD. LEGAL DESCRIPTION HEREIN PREPARED BY THOMAS A. OESTERLING, REGISTERED LAND SURVEYOR, INDIANA LICENSE NUMBER 11462, EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, LLC, FOR TAMPICO DEVELOPMENTS, L.L.C., ON APRIL 14, 2008. LINE BEARING DATUM DESCRIBED HEREIN BEING RELATIVE TO SAID STAFFORDSHIRE ESTATES, SECTION TWO SUBDIVISION. and these 31 lots do not yet have individual key numbers but are part of Tax ID Number , 26-1035-0589.02be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. 18 REGULAR MEETING APRIL 28, 2008 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: 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. 19 REGULAR MEETING APRIL 28, 2008 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 and voted to send it to the full Council with no recommendation due to the lack of a quorum. Mr. Derek Spier, Abonmarch Consultants, LLC, 750 Lincolnway East, South Bend, Indiana, made the presentation for this bill on behalf of the owner, Tampico Developments, LLC. Mr. Spier advised that Tampico Developments, LLC intends to develop 9.82 acres of agricultural farmland into 31 residential lots. The lots will be located within the proposed development called Crescent Oaks. The development will include approximately 1,427 linear feet of public streets, one stormwater retention area, and the associated public and private utilities. The homes will be built by Weiss Homes and range in size from 1,300 to 2,000 square feet and will include basements. The estimated price of each home is $185,000. 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 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 nine (9) ayes. RESOLUTION NO. 3857-08 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 701 SOUTH GRANT STREET AND 601 COTTAGE GROVE AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY 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 areas commonly known as 701 South Grant Street and 601 Cottage Grove Avenue, South Bend, Indiana, and which are more particularly described as follows: 20 REGULAR MEETING APRIL 28, 2008 th Lot 62 & N ½ Lot 61 Gorsuchs 4 Add. and Lot 28 & No. ½ Vac Alley South & Adj. Cushing & Lindsey and these properties have Tax Key Numbers 18-4007-0236, and 18-1068-2914, be designated as Residentially Distressed Areas under the provisions of Indiana Code 6-1.1- 12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 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: 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 21 REGULAR MEETING APRIL 28, 2008 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. 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 no recommendation due to the lack of a quorum. Mr. David Hatch, Executive Director, Habitat for Humanity of St. Joseph County, 402 E. South Street, South Bend, Indiana, made the presentation for this bill. Mr. Hatch advised that Habitat for Humanity plans to build two, new, single-family residences. The new houses will have 1120 to 1360 square feet, 3 bedrooms and one bathroom. The house on Grant Street will have a four foot crawl space and the one on Cottage Grove will have a full basement and a second story. The price of each of the homes will be $73,000. A Public Hearing was held on the Resolution at this time. Councilmember Henry Davis asked if both homes will have garages. Mr. Hatch stated that due to the lot size and available building funds only the Cottage Grove home would have a garage. 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 22 REGULAR MEETING APRIL 28, 2008 Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3858-08 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 1433 NORTHSIDE BOULEVARD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO-YEAR (2) REAL PROPERTY TAX ABATEMENT FOR RIVER ROCK, INCORPORATED 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 1433 Northside Boulevard, South Bend, Indiana, and which is more particularly described as follows: Parcel I: LOT 113 & S ½ VAC ALLEY N & ADJ EUCLID PARK ADDN; Parcel II: 18T 114 & S ½ VAC ALLEY N & ADJ EUCLID PARK ADDN; Parcel III: LOT 112 & N ½ ALLEY S & ADJ EUCLID PARK ADDN; Parcel IV: LOT 110 EUCLID PARK ADD LOT 111; and Parcel V: LOT 109 & ½ VAC ALLEY N & ADJ EUCLID PARK and which has Key Numbers 18-6026-0707; 18-6026-0708; 18-6026-0706; 18-6026- 0704; and 18-6026-0703, 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 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 occupation of the eligible vacant building; 23 REGULAR MEETING APRIL 28, 2008 B. 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 occupation of the eligible vacant building; C. That the proposed occupation of the eligible vacant building will increase the tax base and assist in the rehabilitation of the Economic Revitalization Area; D. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed occupation of the eligible vacant building; and E. 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 occupation of the eligible vacant buildingcan 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 two (2) years. SECTION VII. The Common Council hereby determines that the annual amount for which similar buildings in the county were leased or rented or offered for lease or rent during the period the eligible vacant building was unoccupied is approximately in the . amount of $70,616 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 IV. 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. David Morgan, Vice President, Force 5 Media, Inc., 115 N. William, Suite 300, South Bend, Indiana, made the presentation for this bill. Mr. Morgan advised that River Rock, Incorporated recently acquired the building located at 1433 Northside Boulevard that was formally owned and occupied by the LaSalle 24 REGULAR MEETING APRIL 28, 2008 Council of the Boy Scouts of America. Force 5 Media is proposing to occupy it. River Rock is the real estate holding company for Force 5. Force 5 is an advertising and marketing company currently located in leased space in South Bend. Its operations include: the design and creation of web sites; video and audio production for broadcast; design and production for magazine ads, billboards, brochures, etc.; and strategic marketing planning. Proposed renovations, as part of the move-in, include replacement of the roof, electrical enhancements, improved computer line infrastructure, new ceilings and flooring and exterior repair and painting. The building is one story and contains 5,432 square feet of space. This abatement is considered a special exception due to the Indiana State legislation on tax abatement that has a provision for the granting of tax abatements on properties that have been vacant for at least one year. However, because this is a relatively new provision the City’s code does not provide for it. The state legislation provides up to two years of tax abatement on the property subject to certain limitation on the amount of the property’s assessed valuation that can be considered in calculating the abatement. 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 Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3859-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2008 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS Section 4-51 of the South Bend Municipal Code sets forth the , regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on April 1, 2008 the City Business Licensing Auditor provided written notice to the City Clerk that the following businesses had been approved for Scrap Metal Dealer, Junk Dealer, Valuable Metal Dealer and Recycling Operations Licenses for the 2008 licensing year; and Concrete Recycling Center, 1702 N. Bendix Dr. Gertrude Street Metal Recycling, Inc. 3700 Gertrude St. WHEREAS, the license applications for all above-referenced businesses received favorable recommendations from the Department of Code Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building Department. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building Department as evidenced by the Business Licensing Auditor’s communication to the City Clerk dated April 1, 2008: Concrete Recycling Center, 1702 N. Bendix Dr. Gertrude Street Metal Recycling, Inc. 3700 Gertrude St. 25 REGULAR MEETING APRIL 28, 2008 Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council 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 nine (9) ayes. th Mr. Charles E. Clark, License Auditor, Department of Administration and Finance, 12 Floor, County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Clark advised that this amended version is presented because the South Bend Police Department has retracted its favorable recommendation for A-1 Auto Parts, located at 2104 S. Lafayette, because the applicant has not installed video surveillance equipment as required by Municipal Code 4-51. 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 Substitute Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3860-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE INDIANA FINANCE AUTHORITY AN APPLICATION FOR A SITE ASSESSMENT GRANT IN THE AMOUNT OF $27,319 FOR PROPERTY LOCATED AT 2901 S. MAIN STREET, SOUTH BEND, INDIANA AND A SITE REMEDIATION GRANT IN AN AMOUNT NOT TO EXCEED $165,000 FOR A PROPERTY LOCATED AT 2500 GREEN TECH DRIVE, SOUTH BEND, INDIANA WHEREAS, Orangensaft, LLC is interested in submitting an application for a Site Assessment Grant from the Indiana Finance Authority for a Phase II Site Assessment at 2901 S. Main Street in South Bend, Indiana; and WHEREAS, the Site Assessment Grant Initiative Program (SAGI) requires that the grant application be submitted by the political subdivision on behalf of a property located within its jurisdiction; and WHEREAS, Mother Earth, LLC is interested in submitting an application for a Site Remediation Grant from the Indiana Finance Authority for environmental remediation at 2500 Green Tech Drive in South Bend, Indiana; and WHEREAS, the Site Remediation Grant Program (SRG) requires that the grant application be submitted by the political subdivision on behalf of a property located within its jurisdiction; and WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the appropriate applicant for a Site Assessment Grant and a Site 26 REGULAR MEETING APRIL 28, 2008 Remediation Grant from the Indiana Finance Authority as part of the Indiana Brownfields 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 Site Assessment Grant application in the amount of $27,319.00 on behalf of the property owner, Orangensaft, LLC for a Phase II Site Assessment at 2901 S. Main Street, South Bend, Indiana, the former Centennial Steel property. SECTION II. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a Site Remediation Grant application in an amount not to exceed $165,000.00 on behalf of the property owner, Mother Earth, LLC for environmental remediation at 2500 Green Tech Drive in South Bend, Indiana. SECTION III. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Site Assessment Grant application and the Site Remediation Grant application to be submitted by the Mayor to the Indiana Finance Authority. SECTION IV. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the Indiana Finance Authority upon approval of the application(s). SECTION V. That the Mayor shall be authorized to accept and affirm the grant(s) should they be awarded. SECTION VI. That the City of South Bend, Department of Community and Economic Development be designated as the agency and office administering on behalf of the City of South Bend any grant awarded under this application. SECTION VII. 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 and voted to send it to the full Council with a favorable recommendation. Ms. Ann Kolata, Senior Redevelopment Specialist, Community & Economic th Development, 12 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Kolata advised that that this bill authorizes the submission of a Site Assessment Grant application to the Indiana Finance Authority in the amount of $27,319 on behalf of Orangensaft, LLC for a property at 2901 S. Main Street, previously known as the Centennial Steel property. Mr. Joseph Grabill is the principal of Orangensaft, LLC. The Resolution also authorizes the submission of a Site Remediation Grant applicant to the Indiana Finance Authority in an amount not to exceed $165,000 for environmental remediation at Green Tech Park, located at 2500 Green Tech Drive. 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 27 REGULAR MEETING APRIL 28, 2008 Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3861-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE ADVISORY CITY NEGOTIATING TEAM FOR THE 2008 FIRE DEPARTMENT AND POLICE DEPARTMENT NEGOTIATIONS Whereas, pursuant to Indiana Code § 36-8-3-3(d), the Common Council has the mandatory duty and exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Fire Department and the South Bend Police Department; with the Indiana judiciary ruling that the “Common Council of the city has the sole authority to set the salaries of the police and fire departments…”; and Whereas, pursuant to Indiana Code § 36-8-4-4, the Common Council has authority addressing additional compensation matters with the Indiana Court of Appeals ruling that the Common Council was vested with the sole authority to fix the amount of clothing allowance and that annual cash allowance for clothing is considered compensation; and Whereas, the Common Council acknowledges that the Board of Public Safety has certain responsibilities over the Police and Fire Departments under Indiana Code § 36-8- 3-2; and Whereas, the Common Council received written communication from a representative of the South Bend Firefighter’s Association Local 362 requesting that st negotiations begin no later than May 1; and similar communication from a representative of the Fraternal Order of Police, South Bend Lodge No. 36 is expected to be received shortly; and Whereas, this Resolution will formally appoint the South Bend Common Council’s Agent and Chief Negotiator on all matters of compensation and financial matters subject to the upcoming negotiations with the Negotiating Teams representing the sworn members of the South Bend Fire Department and the South Bend Police Department; and Whereas, the Common Council is mindful of past successes where a Chief Negotiator acts as the Council’s Agent in representing theirs interests, who would in turn appoint an advisory City Negotiating Team and provide updates to the Common Council during executive sessions called for the exclusive purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5-14-1.5-6.1(b)(2)(A); and Whereas, the Advisory City Negotiating Team shall not be considered a “governing body” or “public agency” under Indiana Code § 5-14-1.5-2; and Whereas, the South Bend Common Council believes that this Resolution and process will promote positive and harmonious labor negotiations. , Now, Therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, hereby appoints Kathleen Cekanski-Farrand, a local attorney, as its Agent and Chief Negotiator for the upcoming labor negotiations with Fire Negotiating Team, representing the South Bend Firefighters’ Association Local No. 362 of the International Association of Firefighters AFL-CIO and the Police Negotiating Team, representing the Fraternal Order 28 REGULAR MEETING APRIL 28, 2008 of Police, Lodge No. 36. Mrs. Cekanski-Farrand shall be the City’s Chief Spokesperson and negotiator concerning all matters related to annual compensation, specialty pays, monetary fringe benefits, working conditions and related items which would have a fiscal and/or budgetary impact. Section II. The Council’s Agent shall coordinate matters of strategies, research and background preparation, negotiation times, scheduling of executive sessions, resource persons and other matters in consultation with the South Bend Common Council and City Administration so that she and the Advisory City Negotiating Team may have positive, harmonious and successful labor negotiations which are reasonable, fair and fiscally sound. Section III. This resolution shall be in full force and effect from and after its adoption by the Common 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 28 day of April, 2008 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Puzzello, Vice-Chairperson, Health and Public Safety 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. Councilmember Kirsits disclosed that he is a member of the South Bend Fire Department and after discussion with Council Attorney Kathleen Cekanski-Farrand, it was determined that there is no conflict of interest in this matter. Councilmember Dieter disclosed that he is a member of the South Bend Police Department and after discussion with Council Attorney Kathleen Cekanski-Farrand, it was determined that there is no conflict of interest in this matter. Councilmember White advised that this is a negotiating year with the sworn members of the South Bend Fire Department and the South Bend Police Department. This bill allows for the Council to appoint an Agent and Chief Negotiator for these negotiations. At the April 14, 2008 meeting of the Health and Public Safety Committee, it was recommended by Council President Rouse that Kathleen Cekanski-Farrand be the lead person to work with both the City and the Unions. Councilmember Dieter seconded the motion which was passed unanimously. 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 Oliver Davis made a motion to adopt this Resolution. Councilmember Puzzello seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS – FIRST READING There were no bills for first reading at this time. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION: 29 REGULAR MEETING APRIL 28, 2008 BILL NO. 14-08 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR FIVE (5) PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF WESTERN AVENUE AND LOMBARDY DRIVE LYING IMMEDIATELY SOUTH OF THE INTERSECTION AND IMMEDIATELY NORTH OF 450 LOMBARDY DRIVE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA rd Councilmember Puzzello made a motion to set this bill for Public Hearing and 3 Reading on May 12, 2008 and send it to the Zoning and Annexation Committee. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Varner advised that he is the Council’s appointment to the Redevelopment Commission. He stated that they approved minutes from the last meeting. He noted that there would be an approximate two week lag time in approving the minutes from the prior meeting and will keep the Council informed. PRIVILEGE OF THE FLOOR Brian Frazier, 2017 Wabash, South Bend, Indiana, WNIT, introduced himself and joked with the Council regarding the length of the Council Meeting tonight. ADJOURNMENT There being no further business to come before the President Timothy Rouse adjourned the meeting at 10:20 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Timothy Rouse, President 30