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HomeMy WebLinkAbout03-22-04 Council Meeting Minutes REGULAR MEETING MARCH 22, 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, March 22, 2004, at 7:00 p.m. The meeting was called to order by Council President Karen L. White and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: 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: Charles Leone City Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy City Clerk Janice I. Talboom Deputy City Clerk Absent: 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 March 8, 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 March 8, 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 ANNOUNCEMENT OF APPOINTMENTS TO THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION BOARD OF DIRECTORS (TRANSPO) President White announced the appointments of Ms. Regina Molnar and Mr. Oliver J. Davis to the South Bend Public Transportation Corporation Board of Directors. RESOLUTION NO. 3310-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING FIRE CHIEF LUTHER TAYLOR FOR HIS 32 YEARS OF DISTINGUISHED SERVICE ON THE SOUTH BEND FIRE DEPARTMENT -1- REGULAR MEETING MARCH 22, 2004 WHEREAS, the South Bend Common Council proudly acknowledges that approximately 32 years ago Luther Taylor began a remarkable career of public service on the South Bend Fire Department and quickly became known for his caring attitude and leadership qualities; and WHEREAS, for the past eighteen (18) years, Luther Taylor has been the Fire Chief, serving with distinction and earning respect throughout the state for many innovative programs; and WHEREAS, some of the many awards bestowed upon Fire Chief Luther Taylor include being designated "Chief Fire Officer"by the Commission on Chief Fire Officer Designation in 2003 in recognition of demonstrating the highest level of professional, educational, technical and community service while surpassing the standards of performance required for such a designation; and WHEREAS, that under Fire Chief Luther Taylor's leadership the South Bend Fire Department's 248 sworn firefighters provide a variety of services which include fire suppression, emergency medical services,public education, prevention services and special operations consisting of a Water Rescue Team, Hazmat Team, Tactical Rescue and Indiana Rescue Team who utilize 6,000 fire hydrants and operate under an annual budget of approximately$17 million in protecting our community of 107,789 while living in the city's twelve fire stations. 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 residents of the City of South Bend, Indiana, the Common Council is especially proud to acknowledge Fire Chief Luther Taylor for his close to 32 years of distinguished service on the South Bend Fire Department. Section II. The Council wishes Fire Chief Luther Taylor much success during his sabbatical leave from the South Bend Fire Department so that he may serve the citizens of the State of Indiana as the Executive Director of the State Emergency Management Agency; and hopes that he and his wife, Gwen, will be back in South Bend on many occasions including the grand opening of the new Central Fire Station and Headquarters Building later this year. 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. s/Derek D. Dieter, 1st District s/Ervin Kuspa, 6th District s/Charlotte D. Pfeifer, 2nd District s/Sean Coleman, At Large s/Roland Kelly, 3rd District s/A1 "Buddy"Kirsits, At Large s/Ann Puzzello, 4th District s/Karen L. White, Council President s/Dr. David Varner, 5th District s/Kathleen Cekanski-Farrand, Council Attorney ATTEST: John Voorde, City Clerk Mayor Stephen J. Luecke Councilmember Al "Buddy" Kirsits made the presentation for this Resolution by reading it in its entirety and presenting it to Chief Luther Taylor. A Public Hearing was held on the Resolution at this time. Mayor Stephen J. Luecke spoke in favor of this Resolution. Mayor Luecke congratulated Chief Taylor on his appointment as the Executive Director of the State Emergency Management Agency. -2- REGULAR MEETING MARCH 22, 2004 Mayor Luecke thanked Chief Taylor for his dedication and wished him and his wife much continued happiness. Councilmember Kirsits spoke in favor of this Resolution. He indicated that Chief Taylor established the 1st Haz-Mat Team in the State of Indiana, approximately 25 years ago, which was setting a precedent that was followed by various Fire Departments. He stated that Chief Taylor was instrumental in the creation of the EMS Department. He wished Luther and his wife Gwen much success and noted that they will be truly missed. Howard Buchanon, II, Asst. Chief/Inspection &Prevention, 1346 N. O'Brien St., South Bend, Indiana, spoke in favor of the Resolution. He congratulated Chief Taylor on his appointment to SEMA. He thanked Chief Taylor for his dedication and commitment to the Fire Department. He wished Chief Taylor continued success. Councilmember Varner wished Chief Taylor the very best on his continued success with the State Emergency Management Agency. Councilmember Kelly offered his congratulations to Chief Taylor on his appointment to SEMA and hopes to see him around Fire Station#9. Councilmember Pfeifer noted that behind every good man there is a good woman. She wanted to acknowledge Chief Taylor's wife Gwen and wish them both continued good fortune. Councilmember Dieter wished Chief Taylor good luck. Councilmember White wanted to accolade all the comments made and congratulate Chief Taylor and his wife Gwen. Fire Chief Luther Taylor thanked the Council and Mayor Luecke for the honor of this Resolution. He also thanked his wife Gwen, who has been his support throughout his career. Chief Taylor recognized the South Bend Firefighters Association Local#362 and thanked them for their continued support and cooperation. Chief Taylor indicated that he plans to come back to South Bend to visit often. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:38 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Kelly 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 City Attorney Charles Leone is filling in for 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- REGULAR MEETING MARCH 22, 2004 3. A folnial 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 PUBLIC HEARINGS BILL NO. 10-04 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, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; DUANE O. AND VIRGINIA M. ZEIGER, 20000 - 21000 BLOCK, SOUTH SIDE OF KERN ROAD Councilmember Kuspa made a motion to accept the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Kuspa noted that Mr. Larry Magliozzi, Assistant Director, Division of Community Development, requested that the Second Reading for this bill be continued to the April 12, 2004 meeting, and that Third Reading be scheduled for April 26, 2004. Councilmember Kuspa made a motion to set this bill for Second Reading on April 12, 2004 and Third Reading on April 26, 2004. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 15-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF ITS "MULTI- FAMILY HOUSING REVENUE REFUNDING BONDS (THE POINTE AT ST. JOSEPH APARTMENTS PROJECT), SERIES 2004," IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED FOURTEEN MILLION AND 00/100 DOLLARS (14,000,000) AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO Councilmember Kelly made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. -4- REGULAR MEETING MARCH 22, 2004 Councilmember Kelly, Chairperson, Community and Economic Development 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. Ken Fedder, Attorney at Law, 53600 N. Ironwood, South Bend, Indiana, made the presentation for this bill. Mr. Fedder advised the Council that the only substantive change from the originally filed ordinance is that this bill provides the bondholder the option to extend the term of the bonds for two additional years at an interest rate to be determined by a formula as set forth in the Trust Indenture. Mr. Fedder further noted that the principal amount of the bonds will not exceed $14 million and the initial interest rate may not exceed 9%. Mr. Fedder stated that the City will bear no responsibility, financial or otherwise, with respect to the payment of the principal of and interest on the bonds or any other expenses associated with the bond issuance. Additionally, the South Bend Economic Development Commission has approved the refunding at their March 19, 2004 meeting. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Dave Smith, Congress Avenue, South Bend, Indiana spoke in opposition to the bill. Mr. Smith stated that the Council should not allow tax abatements for apartment complexes. Mr. Smith noted that his rental properties do not receive any kind of tax credits. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mr. Fedder reiterated that the City will bear no responsibility, financial or otherwise with respect to the payment of the principal of interest on the bonds or any other expenses associated with the bond issuance. Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 16-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 4, ARTICLE 4, SECTION 4-19, INCREASING INSURANCE REQUIREMENTS FOR AN ARBORIST LICENSE. Councilmember White made a motion to continue this bill until the April 12, 2004 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Kelly made a motion to rise and report to the full Council. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. -5- REGULAR MEETING MARCH 22, 2004 ATTEST: ATTEST: etkk, .01111 A hn orde, City Clerk Sean Coleman, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:31 p.m. Council President Karen L. White presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9494-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF ITS "MULTI- FAMILY HOUSING REVENUE REFUNDING BONDS (THE POINTE AT ST. JOSEPH APARTMENTS PROJECTS), SERIES 2004," IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED FOURTEEN MILLION AND 00/100 DOLLARS ($14,000,000) AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This bill had third reading. Councilmember Coleman made a motion to entertain the substitute version of this bill as was heard in the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Pfeifer made a motion for the passage of substitute Bill No. 15-04. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3311-04 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 1020/1022 S. WEBSTER, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty(30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, • pursuant to applicable state law. -6- REGULAR MEETING MARCH 22, 2004 NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a special exception be granted for the property located at 1020/1022 S. Webster, Tax ID#18-8021-084105; in the City of South Bend, County of St. Joseph, State of IN; Parcel Description 250 ft. N & S on Webster x 297 ft. E & W beg. 325 ft. S of SE Cor. Sample & Webster NW 1/2 14 37 2E, in order to permit a special exception to allow the placement of occupied storage containers overnight, subject to the conditions set forth in SECTION IV, which follow, on property zoned "E" Heavy Industrial and "F" Height and Area. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the following conditions: 1. All containers stored overnight shall be securely covered to prevent loss or spillage of contents. 2. All containers, with contents stored on site overnight, shall be removed within 24 hours with exception of weekends when removal shall occur within 48 hours. 3. No transfer of contents shall be made. 4. Petitioner shall provide a written statement from the Indiana Department of Environmental Management (IDEM) confirming storage as described herein is not subject to or violative of IDEM's regulations by April 26, 2004. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White -7- REGULAR MEETING MARCH 22, 2004 Councilmember Kelly made a motion to consider the second substitute version of this bill, with conditions as outlined in the presentation. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kuspa reported that the Zoning and Annexation Committee held a public hearing on the second substitute version of this bill, with conditions and sends it to the Council with a favorable recommendation. Charles Leone, City Attorney read into the record the conditions and changes made to Bill No. 04-29. Mr. Leone stated that Section IV of the Resolution was changed entirely and reads "Approval is subject to the Petitioner complying with the following conditions: 1. All containers stored overnight shall be securely covered to prevent loss or spillage of contents. 2. All containers, with contents stored on site overnight, shall be removed within 24 hours with exception of weekends when removal shall occur within 48 hours. 3. No transfer of contents shall be made. 4. Petitioner shall prove a written statement from the Indiana Department of Environmental Management (IDEM) confirming storage as described herein is not subject to or violative of IDEM's regulations by April 26, 2004. Mr. Brent Bajdek, Assistant Zoning Administrator, Building Department, 125 S. Lafayette St. Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Bajdek stated that the Board of Zoning Appeals sends this request for Special Exception to the City of South Bend Common Council with no recommendation. Mr. Tom Walz, Attorney at Law, 509 W. Washington Street, South Bend, Indiana made the presentation for this bill. Mr. Walz advised that he is representing Junoll Industries, Ltd. He stated that Junoll is an Indiana Corporation owned by a husband and wife team of June Sheaks and Bernard Voll. Junoll is a small business that has been operating for six (6) years at 1020/1022 S. Webster. Junoll leases trash containers that are downloaded off a truck and then picked up after they are filled by their customers. Junoll seeks a special exception to allow placement of these storage containers that have contents overnight with the expressed condition that the container would be removed to the landfill within twenty-four (24) hours for a weeknight and on weekends within forty-eight (48) hours. Junoll also agrees wholeheartedly that the containers stored overnight will be securely covered so that it eliminates any concerns about blowing waste or trash. Mr. Walz stated that the refuse that Junoll hauls is really not subject to blowing around. Junoll has also agreed that no contents will be transferred in any respect and as a result his clients feel that any reference to a transfer station is irrelevant. Mr. Walz informed the Council that Junoll will obtain a written statement from the Indiana Department of Environmental Management confirming that the storage as described is not subject or violate of IDEM's regulations. Mr. Walz made reference to a letter dated March 5, 2004 from Deputy City Attorney Ann-Carol Nash. He indicated that Ms. Nash states that based upon her conversations with Catherine Brucker, Director, Department of Code Enforcement and Don Fozo, St. Joseph County, Building Commissioner, and based on representations received from the Indiana Department of Environmental Management, that it does not appear that the operations of Junoll will fall within the definition of a transfer station and it will not require a license under Section 4-51 of the South Bend Municipal Code. Mr. Walz stated that Junoll will agree to obtain a separate letter from IDEM, but he wanted the Council to be aware of this letter and because he did not bring it to the Council's attention in the informal meetings this afternoon. In support of the request for a special exception, Mr. Walz would like the Council to consider the reasons for the request. Junoll is currently occupying the property, it is a very blighted area off Sample Street. -8- REGULAR MEETING MARCH 22, 2004 Junoll has made substantial improvements in cleaning the lot of tremendous overgrowth. Junoll has also renovated two buildings on the property and removed trash from the site. Junoll believes that what they are doing is a great asset in a very heavy industrial area. Junoll is seeking this special exception because of the kind of business that they are in and working with the area landfills. The landfills are restricting their hours of business. The Indiana landfill hours used to be from 6:00 a.m. to 5:00 p.m. The new hours are from 7:00 a.m. to 4:00 p.m., and what this does is shorten Junoll's business day. Mr. Walz noted that one purpose for the special exception is to allow Junoll to pick up these containers later in the evening and when Junoll cannot make it to the landfill, they will be able to download the containers on their lot, which will be away from any residential areas, will not be visually noticed in any respect, and immediately the next morning they will be taken to the landfill. Mr. Walz noted that his client Junoll Industries feels that the approval of this request for a special exception will not in anyway be injurious to the public health, safety or general welfare of our City. Mr. Walz informed the Council that Junoll believes that they are making a constructive and positive statement by buying this property. Junoll has completely fenced the entire property with 8' chain link fence with barbed-wire across • the top. The property will be secured every evening, no one will be able to gain access to these trash containers or will trash be blowing out of the area. Mr. Walz further noted that Junoll has established their strong desire to make this property a very businesslike operation. Mr. Walz stated that Junoll does not haul what we refer to as perishable garbage. Junoll hauls demolition waste and waste from clean up projects such as cleaning out a garage. The adjacent properties to the Junoll property will not be affected in any negative way. Mr. Walz thanked the Council, City Attorney's Office, Building Department and Code Enforcement Department for their substantial amount of effort and hard work in investigating this matter. Mr. Walz asked the Council for their favorable approval of this resolution. President White asked that a copy of the letter from the Deputy City Attorney Ann-Carol Nash become a part of the public record. A Public Hearing was held on the Resolution at this time. John Lloyd, 52805 Spring Mill Ct., Granger, Indiana, business address 53732 Generations Dr. South Bend, Indiana, Attorney, speaking on behalf of Ritchard Brothers, 1204 W. Sample Street, South Bend, Indiana. Ritchard Brothers is located directly in front of the Junoll property. Mr. Lloyd noted that there concern regarding this special exception is that this property owned by Junoll is still consider a transfer station. Mr. Lloyd noted that he believes that the Council has addressed those issues in the conditions that are now a part of the Resolution. Mr. Lloyd would like the Council to take those conditions seriously in light of the response from the Indiana Department of Management. Mr. Lloyd stated that he would like to see more conditions added to this special exception and that would be that only C and D material be allowed in these storage containers and that only six storage containers be allowed on the property. Mike Morris, 1420 S. Walnut Street, South Bend, Indiana. Mr. Morris indicated that he would like the Council to consider in the conditions regarding this property is to allow for screening and solid fencing as is called by the Department of Code Enforcement for similar operations of this nature. Mr. Morris would also like to see the use of water proof tarps to cover the storage containers to prevent whatever debris that is stored does not run off and contaminate the ground or run off into wells or city sewer and water. Mr. Morris would like to see limited hours of operation and a limited number of storage containers on the site. In rebuttal, Mr. Walz stated in response to limiting the waste to C and D materials (construction and demolition waste), Junoll takes the position that they will only haul construction, demolition and yard waste. Mr. Walz and his client Junoll want to be clear and straight forward in mentioning what type of material will be hauled. As far as the transportation and truck noise, this is a heavy industrial area, trucks are in and out of the adjacent properties as well and it is their belief that they will not effect the truck traffic in anyway. Mr. Walz stated that they think that they have worked out all the exceptions that were consistent with what has been discussed and -9- REGULAR MEETING MARCH 22, 2004 hopefully that we are to the point where those can be approved. There was no one else present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Puzzello asked the question, whether or not the landfill still accepts yard waste? Mr. Bernard Voll, Junoll Industries, 27125 Tyler Rd., Walkerton, Indiana,business address - 1020/1022 S. Webster, South Bend, Indiana. Mr. Voll stated that there are two landfills that still accept yard waste one is located in Elkhart, Indiana, and the other is located in Berrien County, Michigan that also accepts yard waste. Councilmember Pfeifer asked the petitioner when you bring the material to have it stored on the property will it already be separated or will you have to separate it? Mr. Voll stated that when they take orders from their clients, they ask them what kind of debris they will be filling the containers with. Mr. Voll stated that they know ahead of time what kind of waste they will be picking up. Mr. Voll stated that at no time will they do any separating of waste on site. Councilmember Coleman stated that he was concerned about the type of tarps that would be covering the storage containers. He indicated that there is a legitimate amount of concern regarding rainfall or any kind of precipitation then creating some run off. Councilmember Coleman asked for further clarification on how the containers would be covered. Mr. Voll stated that Junoll would put waterproof vinyl tarps on the containers. Mr. Voll also stated that they are putting in a drywell drainage system onto the property that will catch any drainage that might drain off. Councilmember Kelly made a motion to adopt 2nd Substitute version of this Resolution with conditions. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3312-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2309, 2315, 2503, 2513, 2525, 2537, 2603, 2310, 2402, 2432, 2502, 2512, 2524, 2536, 2548, 2608 AND 2620 EMERSON FOREST PARKWAY AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR WOODHAVEN, LLC WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the areas commonly known as 2309, 2315, 2503, 2513, 2525, 2537, 2603, 2310, 2402, 2432, 2502, 2512, 2524, 2536, 2548, 2608 and 2620 Emerson Forest Parkway, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 2309 Emerson Forest Parkway Lot#9 Emerson Forest Section One 18-8154-5545-34 2315 Emerson Forest Parkway Lot#11 Emerson Forest Section One 18-8154-5545-32 -10- REGULAR MEETING MARCH 22, 2004 2503 Emerson Forest Parkway Lot#48 Emerson Forest Section One 18-8154-5545-27 2513 Emerson Forest Parkway Lot#49 Emerson Forest Section One 18-8154-5545-26 2525 Emerson Forest Parkway Lot#50 Emerson Forest Section One 18-8154-5545-25 2537 Emerson Forest Parkway Lot#51 Emerson Forest Section One 18-8154-5545-24 2603 Emerson Forest Parkway Lot#52 Emerson Forest Section One 18-8154-5545-23 2310 Emerson Forest Parkway Lot#159 Emerson Forest Section One 18-8154-5545-06 2402 Emerson Forest Parkway Lot#160 Emerson Forest Section One 18-8154-5545-07 2432 Emerson Forest Parkway Lot #163 Emerson Forest Section One 18-8154-5545-10 2502 Emerson Forest Parkway Lot #195 Emerson Forest Section One 18-8154-5545-11 2512 Emerson Forest Parkway Lot#196 Emerson Forest Section One 18-8154-5545-12 2524 Emerson Forest Parkway Lot #197 Emerson Forest Section One 18-8154-5545-13 2536 Emerson Forest Parkway Lot#198 Emerson Forest Section One 18-8154-5545-14 2548 Emerson Forest Parkway Lot#199 Emerson Forest Section One 18-8154-5545-15 2608 Emerson Forest Parkway Lot #201 Emerson Forest Section One 18-8154-5545-17 2620 Emerson Forest Parkway Lot#202 Emerson Forest Section One 18-8154-5545-18 be designated 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 ofBenefits 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 -11- REGULAR MEETING MARCH 22, 2004 census information,local building and demolition permits,or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five(5)calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five(5)calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five(5)years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Mr. Bernard Feeney, Registered Land Surveyor, 715 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Feeney advised that the petitioner Woodhaven, LLC.,proposes to develop eighteen (18) . stick-built family homes in Section One of the Emerson Forest Subdivision. The homes will be one and two story homes and the average cost will be approximately$125,000.00. 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 Puzzello 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. -12- REGULAR MEETING MARCH 22, 2004 RESOLUTION NO. 3313-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1309, 1325, 1329, 1405 & 1408 W. WASHINGTON STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION, INC. 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 1309, 1325, 1329, 1405 and 1408 W. Washington St., South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 1309 West Washington Lot "E" SBHF Replat 18-1045-1960.01 1325 West Washington Lot "B" SBHF Replat 18-1045-1955 1329 West Washington Lot "A SBHF Replat 18-1045-1953 1405 West Washington Lot 2 Sarah J Stover's Sub 18-1048-2080.01 1408 West Washington Lot 2 Kirby's Sub of Bol 83 18-3075-2964 be designated 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: -13- REGULAR MEETING MARCH 22, 2004 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 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 CommonCouncil Ms. Charlotte B. Sobel,South Bend Heritage Foundation,Inc.,803 Lincolnway West,South Bend, Indiana made the presentation for this bill. Ms. Sobel advised that the development of these last 5 remaining lots will complete the project for this area. Ms. Sobel further advised that the homes will be approximately 1,035 to 1,200 square feet, one and two stores, two-three bedrooms, two bathrooms, full basements and some will have two car garages. Ms. Sobel advised the Council that two car garages have become more desirable. The estimated value of the homes will be approximately$85,000.00 to $95,000.00 per lot. The total cost for the new homes is estimated to be $450,000.00. -14- • REGULAR MEETING MARCH 22, 2004 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. BILL NO. 04-35 A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND,INDIANA,COMMONLY KNOWN AS 3310 WILLIAM RICHARDSON COURT TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR TRINET ESSENTIAL FACILITIES X, INC. FOR THE BENEFIT OF: CEQUENT TOWING j PRODUCTS, INC. BILL NO. 04-36 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 3310 WILLIAM RICHARDSON COURT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX(6) YEAR REAL PROPERTY TAX ABATEMENT FOR TRINET ESSENTIAL FACILITIES X INC., FOR THE BENEFIT OF: CEQUENT TOWING PRODUCTS INC. Councilmember Puzzello made a motion to combine these bill for purposes of Public Hearing. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3314-04 A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF A DECLARATORY RESOLUTION CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3310 WILLIAM RICHARDSON COURT TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR TRINET ESSENTIAL FACILITIES X, INC., FOR THE BENEFIT OF: CEQUENT TOWING PRODUCTS, INC. WHEREAS, TriNet Essential Facilities X, Inc., for the benefit of: Cequent Towing Products, Inc. (the "Petitioner") filed a petition for real property tax abatement (the "Petition") and a Form SB-1 statement of benefits with the South Bend City Clerk on March 17, 2004 for consideration by the Common Council of the City of South Bend, Indiana (the "Common Council"), requesting that the area commonly known as 3310 William Richardson Court, South Bend, Indiana, and which has the parcel key number 25-1013-021605 (the "Property"), be designated as an economic revitalization area under the provisions of Indiana Code sections 6-1.1-12.1-1 et seq., and South Bend Municipal Code sections 2-76 et seq.; and WHEREAS, the Petitioner's contractor obtained a building permit on March 11, 2004, and began rehabilitation (as defined by Indiana Code section 6-1.1-12.1-1(6)) of the Property on or about March 11, 2004; and -15- REGULAR MEETING MARCH 22, 2004 WHEREAS, the Common Council has adopted a policy requiring that petitioners for real property tax abatement wait until after the Common Council has adopted a declaratory resolution in accordance wit h Indiana Code section 6-1.1-12.1-2.5(b), before obtaining a building permit and before initiating redevelopment or rehabilitation of real property; and WHEREAS, the Petitioner has presented substantial evidence to the Common Council that circumstances beyond the Petitioner's control resulted in a building permit being issued and rehabilitation of the Property commencing before the Common Council had adopted a declaratory resolution, and the Common Council has concluded that such circumstances present a compelling reason to waive the Common Council's policy; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. The Petitioner has presented testimonial evidence of the following facts and the Common Council hereby makes the following findings of fact in support of this resolution: A. The Petitioner made a good faith effort to notify all contractors to not initiate rehabilitation activities until such time as the petition for tax abatement had been considered by the Common Council. B. Not withstanding these instructions, and unbeknownst to the Petitioner, the contractor obtained a building permit on March 11, 2004 and initiated rehabilitation activities on a portion of the project representing a cost of$12,800. C. Upon discovery of the error, the contractor was immediately notified to cease rehabilitation activities. D. The Petitioner acknowledges and respects the long-standing policy of the Common Council to require that the economic revitalization area declaratory resolution be adopted by the Common Council before a building peiuiit is obtained and before rehabilitation commences. E. At all times throughout these proceedings, the Petitioner has acted in good faith, has promptly cooperated with all requests of the Common Council and the South Bend Department of Community and Economic Development, and has made every effort to comply, to the best of its ability, with the requirements of law and the policies of the Common Council. F. Because the Petitioner made a good faith effort to comply , and it was only discovered after the submission of the Petition for tax abatement that a permit was pulled six days prior, and upon discovery of the error all rehabilitation activities were immediately terminated, the Petitioner respectfully requests a waiver of the requirement to first receive approval of a declaratory resolution by the Common Council. SECTION II. The foregoing facts, taken together, lead the Common Council to conclude that sufficient reasons exist to waive noncompliance by the Petitioner with certain conditions precedent to rehabilitation of the Property, in accordance with Indiana Code section 6-1.1-12.1-11.3, however, the Council excludes from this waiver the amount of$12,800 which is the amount indicated on the building permit obtained on March 11, 2004. SECTION III. The Common Council hereby waives such noncompliance, for the purpose of permitting the Council to proceed with consideration of the Petition on its merits. -16- REGULAR MEETING MARCH 22, 2004 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/Karen L. White Member of the Common Council RESOLUTION NO. 3315-04 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 3310 WILLIAM RICHARDSON COURT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR TRINET ESSENTIAL FACILITIES X, INC., FOR THE BENEFIT OF: CEQUENT TOWING PRODUCTS, INC. 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 3310 William Richardson Court, South Bend, Indiana, and which is more particularly described as follows: Toll Road Industrial Park, Phase II: Section One, Lot One and Section Two, Lot Two and which has Key Number 25-1013-021605, 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; and WHEREAS,the Common Council has heretofore held a public hearing and granted a waiver to the Petitioner pursuant to Resolution Number 3314-04 as to all but 512,800 of the project for which portion Petitioner did not comply with Indiana Code 6.1-1-12.1-11.3(a)(3) . 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. -17- REGULAR MEETING MARCH 22, 2004 SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed.redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3, except that$12,800 of the total assessed value of the property does not qualify for benefits due to non-compliance with I.C. 6-1.1-12.1-11.3(a)(3). SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits foini 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,except for$12,800 of the total assessed value for which Petitioner did not comply with I.C. 6-1.1-12.1-11.3(a)(3). 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 six (6)years, except for that portion of the property tax deduction allocable to $12,800 of the total assessed value of the property. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5,said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Councilmember Kelly made a motion to amend both Bill Nos. 04-35 and 04-36 as there were in the committee meetings this afternoon. Councilmember Varner seconded the motion which carried by -18- REGULAR MEETING MARCH 22,2004 a voice vote of nine (9) ayes. Councilmember Kelly,Chairperson,Community and Economic Development Committee,reported that the committee met this afternoon and send both Bill Nos. 04-35 and 04-36 to the full council with a favorable recommendation as amended. Mr. John M. Haughton, Cequent, Manager of Logistics, and Project Manager, South Bend Distribution Center,47774 Anchor Court W. Plymouth,Michigan made the presentation for these Resolutions. Mr. Haughton advised that TriNet Essential Facilities X(owner of the building),along with Cequent Towning Products,propose to rehabilitate the building located at 3310 William Richardson Ct. The facility will be leased to Cequent Towing Products. Cequent Towing Products is part of Cequent Transportation Accessories Group which is a leading designer and manufacturer of a broad range of accessories for light trucks, SUVs, recreation vehicles, passenger cars and trailers. Its manufacturing operations are located in Goshen and Elkhart. The new South Bend distribution center is part of the company's business strategy to consolidate manufacturing functions and distribution functions into separate facilities. The total project cost is estimated to be$860,366. Mr. Haughton further advised that this project will create eighty-three(83)new permanent jobs within the first year, representing a new annual payroll of$1,959,198.00 Mr. Haughton explained that due to the issuance of a building permit prior to approval of the tax abatement,has created the need for the waiver resolution. Mr. Haughton indicated that they made a good faith effort to comply with the requirements,but unbeknownst to them the permit was pulled by one of the contractors in the amount of approximately$12,000.00, on March 11, 2004. Councilmember Kelly made a point of reference that the amount of the permit would not be considered as a part of the tax abatement. Councilmembers Kuspa and Dieter welcomed Trinet and Cequent to South Bend,and look forward to working with them. 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 opposition to this Resolution, Councilmember Coleman made a motion to adopt Resolution No. 04-35, as amended. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Coleman made a motion to adopt Resolution No. 04-36, as amended. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3316-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AND VOTING IN FAVOR OF AN ORDINANCE PROPOSED BY THE ST. JOSEPH COUNTY INCOME TAX COUNCIL INCREASING THE PERCENTAGE CREDIT ALLOWED FOR HOMESTEADS IN ST. JOSEPH COUNTY WHEREAS, the Common Council of the City of South Bend recognizes that the Indiana Legislature has passed legislation which provides for the County Option Income Tax and allows,inc connection therewith,for an increase in the percentage credit allowed for homesteads in counties in which the county Option Income Tax is in effect; and WHEREAS,the St. Joseph County Income Tax Council has approved the imposition of the -19- REGULAR MEETING MARCH 22,2004 County Option Income Tax in St. Joseph County and has determined that the imposition of this tax should be accompanied by property tax relief in the form of an increase in the percentage credit allowed for homesteads in St. Joseph County; and WHEREAS, an ordinance to increase the homestead credit uniformly in St. Joseph County has been proposed by one of the members of the St. Joseph County Tax Council and approved by that member's governing body,pursuant to I.C.6-3.5-6-5,and it is in the best interests of the citizens of South Bend that such ordinance be approved and that all of the City's votes on the St. Joseph County Income Tax Council be cast in favor of the Ordinance. 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 approves and casts its 40.59 votes for the proposed ordinance of the St. Joseph County Income Tax Council which reads as follows: AN ORDINANCE INCREASING THE PERCENTAGE CREDIT ALLOWED FOR HOMESTEADS IN ST. JOSEPH COUNTY,INDIANA The St. Joseph County Income Tax Council,pursuant to I.C. 6-3.5-5.6, has determined that it will be in the public interest to increase the percentage allowed for homesteads in St. Joseph County to provide property tax relief to the homeowners of St. Joseph County, Indiana. The members of the St. Joseph County Income Tax Council are the South Bend Common Council, Mishawaka, Common Council, the St. Joseph County Council, and other local units. NOW, THEREFORE, BE IT ORDAINED BY THE ST. JOSEPH COUNTY INCOME TAX COUNCIL OF ST. JOSEPH COUNTY, INDIANA, as follows: SECTION I. The St. Joseph County Income Tax Council hereby increases the percentage credit allowed for homesteads in St. Joseph County under I.C. 6-1.1-20.9-2 as follows: For Real Property Taxes payable in 2005 and thereafter the percentage credit allowed for homesteads in St. Joseph County in increased to the maximum amount allowed under the formula stated in I.C. 6-3.5-6.13. This shall take effect January 1, 2005. SECTION II. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason declared unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION III. This Ordinance shall be in full force and effect from and after January 1, 2005 upon its passage by the St. Joseph County Income Tax Council. SECTION 2. 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 -20- REGULAR MEETING MARCH 22, 2004 Councilmember Dieter, Chairperson, Personnel and Finance Committee reported that the committee met this afternoon regarding this bill and sends it to the full Council with a favorable recommendation. Mayor Stephen J. Luecke, 14th Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Mayor Luecke informed the Council that this Resolution endorses the St. Joseph County Income Tax Council to increase the percentage allowed for homesteads in St. Joseph County. This will provide needed property tax relief to South Bend homeowners. Mayor Luecke further advised that the process for increasing the homestead exemption is prescribed by Indiana statute and requires approval of the members of the County Tax Council. The St. Joseph County Council cast its 38.72 votes in favor of the Tax Council's homestead exemption ordinance by unanimous (8-0) vote on March 9, 2004. The City of South Bend has 40.59 votes on the County Tax Council, and the proposed Resolution casts all those votes in favor of increasing the homestead exemption to its maximum level. Mayor Luecke stated that if this bill were in effect now, it would have saved six and one-half(6 1/2) percent off the property tax bill. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS, FIRST READING BILL NO. 20-04 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/ WEST ALLEY SOUTH OF WESTERN AVENUE FROM MAIN STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. BEING A PART OF MARTIN'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on April 12, 2004. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 21-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $16,000.00 INDIANA RIVER RESCUE FUND (FUND #291) This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on April 12, 2004. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. -21- REGULAR MEETING MARCH 22, 2004 BILL NO. 22-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $5,000.00 EMSCIF FUND (FUND #288) This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on April 12, 2004. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 23-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO TRANSFER A PORTION OF KENNEDY PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE CIVIL CITY OF SOUTH BEND This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Parks, Arts, Recreation and Culture Committee and set it for Public Hearing and Third Reading on April 12, 2004. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM THE AREA PLAN COMMISSION: It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on March 16, 2004: BILL NO. 81-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REPEALING AND REPLACING THE FOLLOWING PROVISIONS OF THE SOUTH BEND MUNICIPAL CODE, NAMELY CHAPTER 21, ARTICLES 1 THROUGH 11, EXCLUDING ARTICLES 6.5 AND 8, WITH THOSE ARTICLES NOT REPEALED BEING RENUMBERED, AND THE INCLUSION OF NEW ZONING MAPS, ALL OF WHICH SHALL BE ENTITLED "THE CITY OF SOUTH BEND ZONING ORDINANCE" Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation committee and set it for Public Hearing and Third Reading on April 12, 2004. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR Mr. David Wickstrom, 55329 Apple Rd., South Bend, Indiana, Michiana Income Property Owners Association, Inc., spoke regarding property taxes in St. Joseph County. He petitioned the Council to sign their Resolution that they have prepared to send to the Indiana Legislature. Mr. Wickstrom further noted that the recent property tax reassessment in St. Joseph County, Indiana, has put undue financial hardship on the income property owners. The reassessment has transferred the tax burden to the inner city and away from townships outside the city limits and from large commercial and industrial properties, causing inner city property values to decline. -22- REGULAR MEETING MARCH 22, 2004 Mr. Wickstrom stated that the current application of the homestead and mortgage exemptions has placed an unfair tax burden on non-owner occupied residential property and tenants. The Petition by the Michiana Income Property Owners Association, Inc., states that they would like to have a homestead deduction to residential rental property comparable to those available to owner occupied homes. Provide older home credits to encourage investment and home ownership in the inner city. Provide mortgage exemptions to residential rental property owners who have been discriminated against in the past. Repeal the large corporation tax breaks enacted in 2002 and provide residential rental property owners a share of the renters income tax deduction. Ms. Penny Hughes, 1918 Southernview Dr., South Bend, Indiana, Secretary, Michiana Income Property Owners Association, Inc., spoke regarding property taxes in St. Joseph County. Ms. Hughes stated that her property taxes have jumped from $38,000.00 a year to $73,000.00 on five (5) rental homes. Ms. Hughes noted that the reassessment took all of her profits for the year for taxes. Ms. Hughes advised the Council that the landlords feel that their efforts to improve the inner city haven't been appreciated very much. Ms. Vicki Black, 26123 Brush Trail, South Bend, Indiana, advised that she and her husband buy, renovate and sell property. She stated that there is no longer an incentive for them to invest within Portage Township. Ms. Black informed the Council that many of her tenants are on Section 8, and they will not allow her to increase rent to absorb the increase in the property tax. She noted that the Resolution specifically requests special credits and exemption for rental properties and older homes within City limits. Ms. Black asked the Council to sign their Resolution and to take this issue seriously as it does affect the entire City of South Bend. Mr. Donald Stante, 53123 Saint Abbs Ct., South Bend, Indiana, advised the Council that his property taxes on his rental on Portage Avenue have gone from six hundred dollars ($600.00) to two thousand six hundred dollars ($2,600.00) a year. Mr. Stante stated that if the State does not allow tax credits to renters there will be a lot of homes in South Bend left empty. Mr. Stante noted that he will sell his properties and get out of the business. Ms. Linda Brammer, 3002 Miami Street, South Bend, Indiana, advised that Council that her property taxes have increased ten thousand dollars ($10,000.00) a year. She noted that the tax increase is obscene and said that homeowners are afraid they will lose their homes. Ms. Brammer stated that she is a stay at home mom with eight (8) children. She noted that with this property tax increase it would make it virtually impossible to sell their home. She indicated that the monthly taxes alone would be one thousand two hundred dollars ($1,200.00) Ms. Edi Mathis, 53222 Martin Lane, South Bend, Indiana, advised the Council that some landlords may be forced to sell their rental homes to make ends meet. Ms. Mathis wondered what impact this would have on the residential property values in the city as well as the County. Mr. James English, 113 N. Ellsworth, South Bend, Indiana, member of the Michiana Income Property Owners Association informed the Council that he is rehabbing houses with his sweat and blood, and the State of Indiana and local government officials have kicked the ladder out from underneath him. Ms. Darlene Murdick, 53270 Placid Dr., South Bend, Indiana, Vice-President, Michiana Income Property Owners Association, Inc., spoke regard the property tax increase. Ms. Murdick advise the Council to look at what impact the property tax increase is having on the tax base in St. Joseph County. Ms. Murdick stated that she pays quite a bit of property tax and with the large increase, she feels that landlords will just have to sell their properties or walk away from them, therefore, causing the tax base to fluctuate dramatically. -23- REGULAR MEETING MARCH 22, 2004 Mr. Paul Baranowski, 10153 Brummitt Rd., Granger, Indiana advised the Council that the property tax appeal process keeps getting changed. Mr. Baranowski stated that when he contacts the Assessor's Office, he is told to do something different each time. He feels very frustrated and noted that the appeal process is just too complicated. ANNOUNCEMENT OF NEXT MEETING DATE Council President White advised that the next meeting of the Council will be held on Monday, April 12, 2004. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:50 p.m. ATTE • ATT ST _ 4111!Air — • "e A / ohn V( orde, City erk K.r: L. White, President -24-