HomeMy WebLinkAbout10-11-04 Council Meeting Minutes REGULAR MEETING OCTOBER 11,2004
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 12, 2004, at 7:00 p.m. The
meeting was called to order by Vice President Roland Kelly and the Invocation and Pledge to the
Flag were given.
ROLL CALL
COUNCIL MEMBERS:
Present: Derek Dieter 1st District
Charlotte Pfeifer 2nd District
Roland Kelly 3rd District Vice-President
Ann Puzzello 4th District
David Varner 5th District
Ervin Kuspa 6th District
Sean Coleman At-Large Chairperson, Committee of the Whole
Al "Buddy" Kirsits At-Large
Karen L. White At-Large President
Absent: None
OTHERS PRESENT:
Kathleen Cekanski-Farrand, Council Attorney
John Voorde City Clerk
Mary Beth Wisniewski Chief Deputy City Clerk
Janice I. Talboom Deputy City Clerk
REPORT FROM THE SUB-COMMITTEE ON MINUTES
To the Common Council of the City of South Bend: The sub-committee has inspected the
minutes of the September 27, 2004 meetings of the Council and found them to be correct.
Therefore, we recommend the same be approved.
Members of the Sub-Committee on Minutes
s/Karen L. White
s/David Varner
Councilmember Coleman made a motion that the minutes of the September 27, 2004 meeting of
the Council be accepted and placed on file. Councilmember Kuspa seconded the motion which
carried by a voice vote of nine (9) ayes.
SPECIAL BUSINESS
BILL NO. 04-81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN
FISCAL PLAN AND ESTABLISHING A POLICY FOR THE
PROVISION OF SERVICES TO AN ANNEXATION AREA IN
GERMAN TOWNSHIP, STEVE AND JEAN COOREMAN
ANNEXATION AREA
Councilmember Coleman made a motion to continue this bill until the November 8, 2004
meeting the Council, at the request of the petitioner. Councilmember Kuspa seconded the
motion which carried by a voice vote of nine (9) ayes.
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REGULAR MEETING OCTOBER 11, 2004
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:03 p.m. Councilmember Coleman made a motion to resolve into the Committee of the
Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9)
ayes. Councilmember Coleman, Chairperson, Committee of the Whole, presiding.
Councilmember Coleman, noted that this is the portion of the meeting in which members of the
council meet as the Committee of the Whole in order to hear presentations and public comment
on bills that are presented for ordinance consideration. Each bill that will be heard tonight will
have a Public Hearing and after the hearing on each bill the committee will vote on the
disposition of the bill which typically is sent to the full Council with either a favorable or an
unfavorable recommendation. He noted that the South Bend Municipal code requires that the
Chairperson describes the procedure for the hearings. The Committee operates in accord with the
Council Rules and Procedures and Roberts Rules of Order and Council Attorney Kathleen
Cekanski-Farrand who serves as the Parliamentarian. The procedure for the Public Hearing for
each bill is conducted as follows:
1. The title of the bill is read by the City Clerk.
2. Reports are presented from the pertinent Common Council Committee and/or the Area Plan
Commission.
3. A formal presentation in favor of the bill which is not subject to a time limit is heard.
4. Comments are head from members of the public who wish to speak in favor of the bill. Each
such member is limited to five (5) minutes for his/her presentation and must begin by stating
his/her name and residential address.
5. Any formal presentation against the bill or Resolution which is not subject to a time limitation
is
6. Comments are heard from any members of the public wishing to speak against the bill.
Each member of the public speaking against the bill is limited to five (5) minutes for his/her
presentation and must also begin by stating his/her name and residential address.
With respect to those individuals speaking against, the total time for comments by
members of the public speaking against the bill is the amount of time that was used by
those speaking in favor of the bill or thirty (30) minutes whichever is greater.
7. A five (5) minute rebuttal period is allowed for the persons who gave the formal presentation
in favor of the bill after which the public portion of the hearing is closed.
8. Finally, the Council portion of the hearing takes place in which members will discuss the bill
and vote on its disposition.
BILL NO. 28-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO
AN BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND,
INDIANA, AND AMENDING THE ZONING ORDINANCE
FOR CERTAIN LAND IN GERMAN TOWNSHIP
CONTIGUOUS THEREWITH; STEVE &JEAN COOREMAN,
21300 BLOCK OF CLEVELAND ROAD & 52804
LYNNEWOOD AVENUE, SOUTH BEND, INDIANA
Councilmember Puzzello made a motion to continue this bill until the November 8, 2004
meeting of the Council, at the request of the petitioner. Councilmember Varner seconded the
motion which carried by a voice vote of nine (9) ayes.
BILL NO. 47-04 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED IN THE 2600
BLOCK OF PRAIRIE AVE. AND THE 2900 BLOCK OF
LOCUST ROAD, COUNCILMANIC DISTRICT NO. 6, IN THE
CITY OF SOUTH BEND, INDIANA
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REGULAR MEETING OCTOBER 11,2004
Councilmember Kirsits made a motion to hear the substitute version of this bill. Council
President White seconded the motion which carried by a voice vote of nine (9) ayes.
Additionally, Councilmember Puzzello made a motion to continue this bill until the December
13, 2004 meeting of the Council at the request of the petitioner. Councilmember Varner
seconded the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 59-04 PUBLIC HEARING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: A PORTION OF THE
EAST SIDE OF CHAPIN STREET NORTH OF SAMPLE
STREET TO UNITED DRIVE AND APPROXIMATELY 720
FEET OF UNITED DRIVE RUNNING EAST FROM CHAPIN
STREET
Councilmember Varner made a motion to continue this bill until the October 25, 2004 meeting of
the Council, at the request of the petitioner. Councilmember Dieter seconded the motion which
carried by a voice vote of nine (9) ayes.
BILL NO. 53-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE
ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY
CLERK FOR CALENDAR YEAR 2005
Councilmember Puzzello made a motion to amend this bill. Councilmember Varner seconded
the motion which carried by a voice vote of nine (9) ayes.
Mr. Rick 011ett, City Controller, 1400 County-City Building, South Bend, Indiana, made the
presentation for this bill.
Mr. O1lett advised that pursuant to Indiana Code §36-4-7-2, the City's legislative body is
required to fix the annual compensation of all elected officers. This bill establishes the annual
compensation for the Mayor of the City of South Bend and the South Bend City Clerk for the
calendar year 2005. The annual compensation for the Mayor of the City of South Bend in
calendar year 2005 shall be $90,958.00. The annual compensation for the South Bend City Clerk
in calendar year 2005 shall be $49,273.00. This is a four percent (4%) increase the same as the
non-bargaining employees of the City of South Bend shall receive in calendar year 2005.
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 Kelly made a motion for favorable recommendation to full Council as
amended. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9)
ayes.
BILL NO. 64-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING$31,045 OF INDIANA DEVELOPMENT
FINANCE AUTHORITY GRANT FUNDS WITHIN FUND 210
FOR THE PURPOSE OF ENVIRONMENTAL
INVESTIGATION OF PROPERTY LOCATED AT 520 AND 522
LINCOLN WAY WEST AND 335 KUNTSMAN COURT IN
SOUTH BEND, INDIANA
Councilmember Puzzello, Chairperson, Health and Public Safety Committee reported that this
committee met on this bill this afternoon and voted to send it to the full Council with a favorable
recommendation.
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REGULAR MEETING OCTOBER 11, 2004
Mr. Andy Laurent, Economic Development Specialist, Community and Economic Development,
1200 County-City Building, South Bend, Indiana, made the presentation for this bill.
Mr. Laurent stated that this bill will allow for the appropriation on $31,045 from the Economic
Development State Grant Fund to provide funds for continued environmental site assessment
activities at the former White Lightning site located at the southeast corner of Lincoln Way West
and Chapin. These funds will allow for additional sampling of both soil and groundwater. This
grant was made available through the Indiana Development Finance Authority's Brownfields Site
Assessment Grant program.
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.
Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 65-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, AMENDING
ARTICLE 2 OF CHAPTER 17 OF THE SOUTH BEND
MUNICIPAL CODE TO FIX RATES AND CHARGES FOR THE
DISCHARGE OF HAULED SEPTIC TANK WASTE AND
SIMILAR HAULED LIQUID WASTES TO THE SOUTH BEND
WASTEWATER TREATMENT PLANT
Councilmember Kirsits, Chairperson of the Utilities Committee reported that this committee met
on this bill this afternoon and voted to send it to the full Council with a favorable
recommendation.
Mr. Jack Dillion, Ph.D., Director, Division of Environmental Services, 3113 Riverside Drive,
South Bend, Indiana, made the presentation for this bill.
Mr. Dillion stated this bill relates to the fees charge to septic haulers who discharge their waste at
the South Bend Wastewater Treatment Plant. Mr. Dillion advised that the Waste Water
Treatment Plant has offered and endured this service for many years because these haulers had
very few options for disposing of this waste which is drawn from residential septic tanks in the
County. Recently, a private company has opened its doors in Elkhart which is better equipped to
deal with this concentrated waste. By setting rates at$0.06 per gallon, we provide a$0.01 per
gallon incentive for the hauler to use the Elkhart facility, Niles Wastewater Treatment Plant has
recently raised their rates to $0.05 per gallon. It is Dr. Dillon's belief that the Mishawaka or
Elkhart Plants offer this service.
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.
Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes.
RISE AND REPORT
Councilmember Coleman made a motion to rise and report to the full Council. Councilmember
Varner seconded the motion which carried by a voice vote of nine (9) ayes.
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REGULAR MEETING OCTOBER 11, 2004
ATTEST: ATTEST:
Ato._ atz-a-A^—004-ci- ---
11141koorde, City Clerk Sean Coleman, Chairperson
Committee of the Whole
BILLS, THIRD READING
ORDINANCE NO.9537-04 AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, SETTING
THE ANNUAL SALARIES FOR THE MAYOR AND
FOR THE CITY CLERK FOR CALENDAR YEAR 2005
This bill had third reading. Councilmember Coleman made a motion to amend this bill as it was
in the Committee of the Whole. Councilmember Kuspa seconded the motion which carried by a
voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this
bill as amended. Councilmember Varner seconded the motion which carried. The bill passed by
a roll call vote of nine (9) ayes.
ORDINANCE NO.9538-04 AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $31,045 OF INDIANA
DEVELOPMENT FINANCE AUTHORITY
GRANT FUNDS WITHIN FUND 210 FOR THE
PURPOSE OF ENVIRONMENTAL INVESTIGATION
OF PROPERTY LOCATED AT 520 AND 522 LINCOLN
WAY WEST AND 335 KUNTSMAN COURT IN SOUTH
BEND, INDIANA
This bill had third reading. Councilmember Coleman made a motion to pass this bill.
Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of
nine (9) ayes.
ORDINANCE NO.9539-04 AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING
ARTICLE 2 OF CHAPTER 17 OF THE SOUTH BEND
MUNICIPAL CODE TO FIX RATES AND CHARGES
FOR THE DISCHARGE OF HAULED SEPTIC TANK
WASTE AND SIMILAR HAULED LIQUID WASTES TO
THE SOUTH BEND WASTEWATER TREATMENT
PLANT
This bill had third reading. Councilmember Pfeifer made a motion to pass this bill.
Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote
of nine (9) ayes.
RESOLUTIONS
BILL NO. 04-112 A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA APPROVING
A PETITION OF THE SOUTH BEND BOARD OF
ZONING APPEALS FOR THE PROPERTY LOCATED
AT 1601 WEST SAMPLE STREET
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REGULAR MEETING OCTOBER 11,2004
Councilmember Varner made a motion to continue this bill until the October 25, 2004 meeting of
the Common Council, at the request of the petitioner. Councilmember Pfeifer seconded the
motion which carried by a voice vote of nine (9) ayes.
RESOLUTION NO.3391-04 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING
CERTAIN AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY KNOWN AS 225
GARST STREET TO BE AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A FIVE
(5) YEAR REAL PROPERTY TAX ABATEMENT FOR
JAMES F. AND SANDRA M. MCCUNE
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 225 Garst Street,
South Bend, Indiana, and which is more particularly described as follows:
Key# 18-8001-0009 S 1/2 lot 48 &W 1 vacated alley E & adjacent to South Bend City
Key# 18-8001-0010 N 1 lot 47 &W 1/2 vacated alley E & adjacent to South Bend City
Key# 18-8001-0011 S l lot 47 &W 1 vacated alley E & adjacent to South Bend City
Key# 18-8001-0012 N 1 lot 46 &W 1/2 vacated alley W & adjacent to South Bend City
Key# 18-8001-0013 S 1/2 lot 46 &W 1 vacated alley E& adjacent to South Bend City
Key# 18-8001-0014 Lot 45 &W 1/2 vacated alley E & adjacent to South Bend City
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 remonstrances and
objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic revitalization
area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the
area described herein as an Economic Revitalization Area for the purposes of tax abatement.
Such designation is for Real property tax abatement only and is limited to two (2) calendar years
from the date of adoption of the Declaratory Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is qualified for
and is granted Real property tax deduction for a period of 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.
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REGULAR MEETING OCTOBER 11,2004
s/Karen L. White
Member of the Common Council
Mr. James McCune, 2421 Baypoint Drive, St. Joseph, Michigan, made the presentation for this
bill.
Mr. McCune advised that he has purchased property at 225 Garst Street and proposes to build a
5,850 square foot building to house McCune Masonry. The building will be a steel building with
an all brick front and will have 2,250 square feet of office and 3,600 square feet of shop space.
Initially, plans call to lease a portion of the building until the masonry business grows into the
entire building. The total cost of the project is estimated at$250,000.00
A Public Hearing was held on the Resolution at this time.
There being no one present wishing to speak to the Council either in favor of or in opposition to
this Resolution, Councilmember Coleman made a motion to adopt this Resoltuion.
Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a
roll call vote of nine (9) ayes.
RESOLUTION NO. 3392-04 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING
CERTAIN AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY KNOWN AS 2820
VIRIDIAN DRIVE TO BE AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A FIVE
(5) YEAR REAL PROPERTY TAX ABATEMENT FOR
MACK TOOL&ENGINEERING, INC., MELVIN W.
HARTZ, AND SONDRA K. HARTZ
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 2820 Viridian
Drive, South Bend, Indiana, and which is more particularly described as follows:
A part of the Southeast Quarter of Section 28, Township 38 North, Range 2 East, of the Second
Principal Meridian, City of South Bend, St. Joseph County.
and which has Key Numbers 25-1010-040029, 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 remonstrances and
objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic revitalization
area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the
area described herein as an Economic Revitalization Area for the purposes of tax abatement.
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REGULAR MEETING OCTOBER 11, 2004
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 sue.
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/Karen L. White
Member of the Common Council
Mr. Paul Hartz, Vice President, Mack Tool &Engineering, Inc., 2820 Viridian Dr. South Bend,
Indiana made the presentation for this bill.
Mr. Hartz advised that Mack Tool &Engineering, Inc. is a prototype and experimental
machining parts business in the aerospace and medical industries. Mr. Hartz further advised that
he plans to build a ten thousand (10,000) square foot addition. This addition will provide new
shop space and new bathrooms. The project also includes renovating the office, and electric and
telephone related improvements. The total cost of the project is estimated at $350,000.00.
A Public Hearing was held on the Resolution at this time.
There being no one present wishing to speak to the Council either in favor of or in opposition to
this Resolution, Councilmember Pfeifer made a motion to adopt this Resolution.
Councilmember Coleman seconded the motion which carried and the Resolution was adopted by
a roll call vote of nine (9) ayes.
RESOLUTION NO.3393-04 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING
CERTAIN AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY KNOWN AS 2306 W.
LINDEN AVE AND 2229 ORANGE ST. AS A
RESIDENTIALLY DISTRESSED AREA FOR
PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR HABITAT FOR
HUMANITY OF ST. JOSEPH COUNTY
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory
Resolution designating certain areas within the City as Residentially Distressed Areas for the
purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as 2306 W. Linden
Ave. and 2229 Orange St. South Bend, Indiana, and which are more particularly described as
follows:
Street Address Legal Description Key Numbers
2306 W. Linden Lot 96A Oak Grove First Addition 18-2022-0655
Fire Station Replat (now consolidated 18-2022-0658
under Lot 96A Oak Grove Add,Fire
Station Replat).
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REGULAR MEETING OCTOBER 11,2004
2229 Orange St. Lot 103 and Vac Alley and Adj; Vac 18-2027-0864
Carlisle St W. and Adj. Oak Grove
1st Add.
Lot 104 and Vac Alley and Adj; Vac 18-2027-0862
Carlisle St W. and Adj. Oak Grove
1st Add.
as a Residentially Distressed 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 remonstrances and
objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for a residentially distressed area
have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the petition for real property
tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1
et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one of the
following conditions as formally established in Ordinance no. 8845-97, which was passed on
December 8, 1997:
A. The area is comprised of parcels that are either unimproved or contain only one (1) or two
(2) family dwellings designed for up to four (4) families, including accessory buildings for those
dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
I. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
I. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently occupied or a
significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
I. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units,as documented by census
information, local building and demolition permits, or certificates of occupancy, or the areas are
owned by Indiana or the United States; or
G. The area (plus any areas previously designated under this subsection) will not exceed ten
percent (10%) of the total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable standards for such
development.
B. That the estimate of the value of the redevelopment is reasonable for projects of this nature;
C. That the other benefits about which information was requested are benefits that can be
reasonably expected to result from the proposed described redevelopment; and
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REGULAR MEETING OCTOBER 11, 2004
D. That the totality of benefits is sufficient to justify the requested deduction,all of which satisfy
the requirements of Indiana Code 6-1.1-12.1-3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code
standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five
(5) calendar years from the date of the adoption of this Resolution by the Common Council.
SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the
area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such
designation is for Real property tax abatement only and is limited to five(5)calendar years from the
date of adoption of the Declaratory Resolution by the Common Council.
SECTION V. The Common Council hereby determines that the property owner is qualified for and
is granted Real property tax deduction for a period of five (5)years, and further determines that the
petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and
Indiana Code 6-1.1-12.1 et seq.
SECTION VI. This Resolution shall be in full force and effect from and after its adoption by,the
Common Council and approval by the Mayor.
s/Karen L. White
Member of the Common Council
Mr. David Hatch, Executive Director, Habitat for Humanity, 402 E. South Street, South Bend,
Indiana, made the presentation for this bill.
Mr. Hatch advised that Habitat for Humanity plans to construct two (2)new single family homes
of approximately 1,120 square feet on the above identified lots. The homes will have three or
four bedrooms and one bath. Due to limited construction funding, the homes will be built on
crawlspaces. The estimated market value of each home if$69,000. The total value of the project
is estimated at $138,000.
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 Coleman made a motion to adopt this Resolution.
Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a
roll call vote of nine (9) ayes.
RESOLUTION NO. 3394-04 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 3605 W.
CLEVELAND ROAD AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A FIVE
(5) YEAR PERSONAL PROPERTY TAX ABATEMENT
FOR FEDERAL-MOGUL POWERTRAIN, INC.
WHEREAS, a petition for personal property tax abatement consideration has been filed with the
City Clerk for consideration by the Common Council of the City of South Bend, Indiana,
requesting that the area commonly known as 3605 W. Cleveland Road, South Bend, Indiana, and
which is more particularly described as follows:
A tract of land in part of the East half of Section 21,Township 38 North, Range 2 East, 2nd P.M.
St. Joseph County, Indiana
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REGULAR MEETING OCTOBER 11,2004
and this property has Key Number 25-500-19994, 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 2-84.2 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 sec. and South Bend Municipal Code Sections 2-84.2, 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 pursuant to Indiana Code 6-1.1-
12.1-4.5 et seq., that:
a. the estimate of the cost of the new manufacturing equipment is reasonable for equipment
of that type;
b. That the estimate of the number of individuals that will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to result from the
proposed installation of new manufacturing equipment;
c. That the estimate of the annual salaries of those individuals that will be employed or
whose employment will be retained by the Petitioner can be reasonably expected to result from
the proposed installation of new manufacturing equipment;
d. any other benefits about which information was requested are benefits that can be
reasonably expected to result from the proposed new manufacturing equipment; and
e. the totality of benefits is sufficient to justify the deduction requested.
SECTION II. The Common Council hereby determines and finds that the proposed new
manufacturing equipment can be reasonably expected to yield the benefits identified in the
Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property
Tax Abatement Consideration and that 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 6-1.1-12.1-4.5.
SECTION III. The Common Council hereby accepts the report and recommendation of the
Department of Community and Economic Development, and the Community and Economic
Development Committee's favorable recommendation, that the area herein described be
designated as an Economic Revitalization Area for purposes of personal property tax abatement
and hereby makes such a designation.
SECTION IV. The Common Council determines that such designation is for personal property
tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of
this Resolution by the Common Council.
SECTION V. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of five (5) years.
SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption o'
this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to
Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common
Council on the proposed confirming of said declaration.
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REGULAR MEETING OCTOBER 11,2004
SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
s/Karen L. White
Member of the Common Council
Councilmember Kelly, 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. Ed Fain, Plant Manager, Federal Mogul Powertrain, Inc., 61715 Mayflower Road, South
Bend, Indiana, made the presentation for this bill.
Mr. Fain advised that Federal-Mogul South Bend is a manufacturer of automotive pistons for
customers such as GM, Ford and Nissan. The company began operation in South Bend in 1987
and has seen steady growth throughout its 17 years in our community. For this project, the
company is proposing to transfer a piston machine line and tooling from Lagrange, CA. They
will make minor modifications and install the machine line. The total cost of the new equipment
is estimated at $7.482 million. The project will maintain 548 existing permanent full time jobs
with an annual payroll of$24,397,529.
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 Coleman made a motion to adopt this Resolution. Council
member Vainer seconded the motion which carried and the Resolution was adopted by a roll call
vote of nine (9) ayes.
RESOLUTION NO.3395-04 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 LOTS
NUMBERED 1 THROUGH 15, 17 THROUGH 23, 27
THROUGH 34, 186 AND 187, 202 AND 203, 207
THROUGH 215, 224, 236, AND 242 THROUGH 254
LAFAYETTE FALLS SUBDIVISION, SECTION TWO
AS RESIDENTIALLY DISTRESSED AREAS FOR
PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR KENDALL-
WEISS, LP
WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement
have been submitted to and filed with the City Clerk for consideration by the Common Council
of the City of South Bend, Indiana requesting that the area commonly known as 20000-21000
Block (South Side) of Kern Road, South Bend,Indiana, and which is more particularly described
as follows:
Street Address: Legal Description: Key Number:
6325 Armstrong Drive Lot 1 Lafayette Falls, Section 2 01-1002-002235
6345 Armstrong Drive Lot 2 Lafayette Falls, Section 2 01-1002-002236
6409 Armstrong Drive Lot 3 Lafayette Falls, Section 2 01-1002-002237
6417 Armstrong Drive Lot 4 Lafayette Falls, Section 2 01-1002-002238
6425 Armstrong Drive Lot 5 Lafayette Falls, Section 2 01-1002-002239
6433 Armstrong Drive Lot 6 Lafayette Falls, Section 2 01-1002-002240
6441 Armstrong Drive Lot 7 Lafayette Falls, Section 2 01-1002-002241
6449 Armstrong Drive Lot 8 Lafayette Falls, Section 2 01-1002-002242
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REGULAR MEETING OCTOBER 11, 2004
6457 Armstrong Drive Lot 9 Lafayette Falls, Section 2 01-1002-002243
6465 Armstrong Drive Lot 10 Lafayette Falls, Section 2 01-1002-002244
6473 Armstrong Drive Lot 11 Lafayette Falls, Section 2 01-1002-002245
6505 Armstrong Drive Lot 12 Lafayette Falls, Section 2 01-1002-002246
6513 Armstrong Drive Lot 13 Lafayette Falls, Section 2 01-1002-002247
6531 Armstrong Drive Lot 14 Lafayette Falls, Section 2 01-1002-002248
6607 Armstrong Drive Lot 15 Lafayette Falls, Section 2 01-1002-002249
6607 Armstrong Drive Lot 17 Lafayette Falls, Section 2 01-1002-002251
6607 Armstrong Drive Lot 18 Lafayette Falls, Section 2 01-1002-002252
6607 Armstrong Drive Lot 19 Lafayette Falls, Section 2 01-1002-002253
6607 Armstrong Drive Lot 20 Lafayette Falls, Section 2 01-1002-002254
6607 Armstrong Drive Lot 21 Lafayette Falls, Section 2 01-1002-002255
6607 Armstrong Drive Lot 22 Lafayette Falls, Section 2 01-1002-002256
6607 Armstrong Drive Lot 23 Lafayette Falls, Section 2 01-1002-002257
6523 Erie Falls Drive Lot 27 Lafayette Falls, Section 2 01-1002-002258
6531 Erie Falls Drive Lot 28 Lafayette Falls, Section 2 01-1002-002259
6605 Erie Falls Drive Lot 29 Lafayette Falls, Section 2 01-1002-002260
6613 Erie Falls Drive Lot 30 Lafayette Falls, Section 2 01-1002-002261
6621 Erie Falls Drive Lot 31 Lafayette Falls, Section 2 01-1002-002262
6633 Erie Falls Drive Lot 32 Lafayette Falls, Section 2 01-1002-002263
6707 Erie Falls Drive Lot 33 Lafayette Falls, Section 2 01-1002-002264
6715 Erie Falls Drive Lot 34 Lafayette Falls,Section 2 01-1002-002265
6724 Erie Falls Drive Lot 186 Lafayette Falls, Section 2 01-1002-002267
6702 Lutz Drive Lot 187 Lafayette Falls, Section 2 01-1002-002268
6715 Lutz Drive Lot 202 Lafayette Falls, Section 2 01-1002-002270
6705 Lutz Drive Lot 203 Lafayette Falls, Section 2 01-1002-002271
or 6704 Erie Falls Drive
1022 Potter Point Drive Lot 207 Lafayette Falls, Section 2 01-1002-002272
1022 Potter Point Drive Lot 208 Lafayette Falls, Section 2 01-1002-002273
1022 Potter Point Drive Lot 209 Lafayette Falls, Section 2 01-1002-002274
1022 Potter Point Drive Lot 210 Lafayette Falls, Section 2 01-1002-002275
1022 Potter Point Drive Lot 211 Lafayette Falls,Section 2 01-1002-002276
1022 Potter Point Drive Lot 212 Lafayette Falls, Section 2 01-1002-002277
1022 Potter Point Drive Lot 213 Lafayette Falls, Section 2 01-1002-002278
1022 Potter Point Drive Lot 214 Lafayette Falls,Section 2 01-1002-002279
1022 Potter Point Drive Lot 215 Lafayette Falls, Section 2 01-1002-002280
6518 Redenbacher Court Lot 224 Lafayette Falls, Section 2 01-1002-002281
6504 Redenbacher Court Lot 236 Lafayette Falls, Section 2 01-1002-002283
6420 Redenbacher Court Lot 242 Lafayette Falls,Section 2 01-1002-002284
6412 Redenbacher Court Lot 243 Lafayette Falls,Section 2 01-1002-002285
6404 Redenbacher Court Lot 244 Lafayette Falls, Section 2 01-1002-002286
6340 Redenbacher Court Lot 245 Lafayette Falls,Section 2 01-1002-002287
6332 Redenbacher Court Lot 246 Lafayette Falls, Section 2 01-1002-002288
6424 Redenbacher Court Lot 247 Lafayette Falls, Section 2 01-1002-002289
6416 Redenbacher Court Lot 248 Lafayette Falls,Section 2 01-1002-002290
6323 Redenbacher Court Lot 249 Lafayette Falls, Section 2 01-1002-002291
6331 Redenbacher Court Lot 250 Lafayette Falls, Section 2 01-1002-002292
6339 Redenbacher Court Lot 251 Lafayette Falls,Section 2 01-1002-002293
6405 Redenbacher Court Lot 252 Lafayette Falls, Section 2 01-1002-002294
6413 Redenbacher Court Lot 253 Lafayette Falls, Section 2 01-1002-002295
6421 Redenbacher Court Lot 254 Lafayette Falls,Section 2 01-1002-002296
be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1
et seq., and South Bend Municipal Code Sections 2-76 et seq., and;
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REGULAR MEETING OCTOBER 11, 2004
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 se ., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared
maps and plats showing the boundaries and such other information regarding the area in question
as required by law; and
WHEREAS, the Community and Economic Development Committee of the Common Council
has reviewed said report and recommended to the Common Council that the area qualifies as a
Residentially Distressed Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the petition for real
property tax abatement and the Statement of Benefits form meet the requirements of Indiana
Code 6-1.1-12.1 et seq. ., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one of the
following conditions as formally established in Ordinance no. 8845-97, which was passed on
December 8, 1997:
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.
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REGULAR MEETING OCTOBER 11, 2004
SECTION IV. The Common Council hereby determines and finds that the proposed described
redevelopment can be reasonably expected to yield benefits identified in the Statement of
Benefits and the petition for real property tax abatement consideration and that the Statement of
Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction
granted under Indiana Code 6-1.1-12.1-3.
SECTION V. The Common Council hereby accepts the report and recommendation of the
Community and Economic Development Committee that the area herein described be designated
as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a
Residentially Distressed Area for purposes of real property tax abatement.
SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5)
calendar years from the date of the adoption of this Resolution by the Common Council.
SECTION VII. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of five (5) years.
SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of
this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana
Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of said declaration.
SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code
standards for habitability as a specific condition of having such property designated as a
residentially distressed area.
SECTION X. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
s/Karen L. White
Member of the Common Council
Council member Kelly, 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.
Council member Coleman disclosed that he has had prior relationships with the petitioner
Kendall-Weiss, LP. After discussion with Council Attorney Kathleen Cekanski-Farrand it was
determined that there is no conflict of interest.
Mr. Derek Spier, AICP, Abonmarche Consultants, LLC, 750 Lincolnway East, South Bend,
Indiana made the presentation for this bill on behalf of Kendall-Weiss, LP, the owners and
developers of Lafayette Falls Subdivision.
Mr. Spier advised that this is the second phase of the project. It will allow for the development
of fifty-eight (58) lots of a total development that will eventually contain two hundred sixty-six
(266) homes on 116.206 acres on the south side of Kern Road. The development will include 4
ponds, a meandering stream and a waterfall. The property was recently annexed into the City of
South Bend. The homes will be stick-built, single family homes. Approximately half of the
homes will be 1,500 square foot villas and the remaining homes will be 1,800 to 2,000 square
foot conventional homes. The homes will be constructed by Weiss Homes, Inc. The average
cost of homes within this development is expected to be $162,000.
A Public Hearing was held on the Resolution at this time.
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REGULAR MEETING OCTOBER 11,2004
There being no one present wishing to speak to the Council either in favor of or in opposition to
this Resolution, Council member Pfeifer made a motion to adopt this Resolution. Council
member King seconded the motion which carried and the Resolution was adopted by a roll call
vote of nine (9) ayes.
BILLS, FIRST READING
BILL NO. 66-04 FIRST READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT THE NORTH
CORNER OF BEYER STREET AND NORTHSIDE
BOULEVARD, COUNCILMANIC DISTRICT#3 IN THE CITY
OF SOUTH BEND, INDIANA
This bill had first reading. Council member Coleman made a motion to refer this bill to the Area
Plan Commission. Council member Kelly seconded the motion which carried by a voice vote of
nine (9) ayes.
BILL NO. 67-04 FIRST READING ON A BILL AMENDING THE ZONING
ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA TO
CREATE THE CHAPIN PARK HISTORIC PRESERVATION
DISTRICT
This bill had first reading. Council member Puzzello made a motion to refer this bill to the
Historic Preservation Commission and the Area Plan Commission. Council member Coleman
seconded the motion which carried by a voice vote of nine ayes.
BILL NO. 68-04 FIRST READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 140 NORTH
MEADE STREET, COUNCILMANIC DISTRICT#2 IN THE
CITY OF SOUTH BEND, INDIANA
This bill had first reading. Council member Coleman made a motion to refer this bill to the Area
Plan Commission. Council member Kuspa seconded the motion which carried by a voice vote of
nine (9) ayes.
BILL NO. 69-04 FIRST READING ON A BILL OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING
THE MAYOR AND OR CONTROLLER OF THE CITY OF
SOUTH BEND TO MAKE TEMPORARY LOANS TO PAY OFF
PREVIOUSLY ISSUED TEMPORARY LOAN TAX
ANTICIPATION WARRANTS; AND TO ISSUE NEW
TEMPORARY LOAN TAX ANTICIPATION TIME
WARRANTS TO EVIDENCE SUCH LOANS AND
APPROPRIATING AND PLEDGING TAXES TO BE
RECEIVED IN SUCH FUNDS TO THE PAYMENT OF THE
NEW WARRANTS INCLUDING THE INTEREST THEREON
This bill had first reading. Council member Coleman made a motion to refer this bill to the
Personnel and Finance Committee and set it for Public Hearing and Third Reading on October
25, 2004. Council member Vainer seconded the motion which carried by a voice vote of nine (9)
ayes.
UNFINISHED BUSINESS
Council member Pfeifer invited the public to attend a meeting on Human Rights, Gender Identity
& Sexual Orientation on October 13, 2004 at the LANA Center, 1145 N. Olive Street, South
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REGULAR MEETING OCTOBER 11, 2004
Bend, Indiana. She stated that there will be another meeting on October 28, 2004 at the Near
Westside Partnership Center, Sadie Street, South Bend, Indiana. Both meetings start at 6:00 p.m.
NEW BUSINESS
There was no new business to come before the Council at this time.
PRIVILEGE OF THE FLOOR
Mr. Jim Cierzniak, 1156 E. Victoria Street, South Bend, Indiana, commended the Council on
cutting $200,000.00 out of the College Football Hall of Fame budget. Mr. Cierzniak stated that
he would like to see the subsidy to the National Football Foundation decreased over the next
three years until the hall is self-sufficient.
ANNOUNCEMENT OF NEXT MEETING DATE
Council President White announced that the next meeting of the Common Council will be held
on Monday, October 25, 2004.
ADJOURNMENT
There being no further business to come before the Council, President White adjourned the
meeting at 7:43 p.m.
ATTEST: ATTEST:
• v- dia%
ohn ' oorde, City Clerk 'are• L. White, President
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