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HomeMy WebLinkAbout07-28-03 Council Meeting MinutesREGULAR MEETING JULY 28, 2003 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, July 28, 2003, 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: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Ervin Kuspa Al "Buddy" Kirsits Karen L. White Absent: Sean Coleman OTHERS PRESENT: 1 St District 2nd District 3' District 4t' District Chairperson, Committee of the Whole 5 " District 6' District At- Large At -Large President At -Large Vice - President Kathleen Cekanski - Farrand Loretta J. Duda Sandra M. Parmerlee Janice I. Talboom Council Attorney City Clerk Chief Deputy City Clerk 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 July 14, 2003 meeting 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 Kelly made a motion that the minutes of the July 14, 2003 meeting of the Council be accepted and placed on file. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS Tl - - " -- -' " -- - -- -- - - - " -I I- REGULAR MEETING JULY 28.2003 Councilmember King 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 both for and against each bill that has been submitted for ordinance consideration. After the hearing on each bill the Committee will vote on the disposition of the bill which typically is to send it to the full Council with either a favorable or an unfavorable recommendation. He noted that the South Bend Municipal Code in Article 1, Section 2 -11 requires that prior to the commencement of any hearings, the Chairperson of the Committee of the Whole explain the procedure that will be followed for all Public Hearings on bills filed for ordinance consideration. The Committee operates in accordance with the Council Rules and Procedures and Roberts Rules of Order and Council Attorney Kathleen Cekanski- Farrand 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 subj ect to a time limit is heard. 4. Comments are heard 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 heard. 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. The total time for comments by members of the public speaking against the bill is limited to 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. Finally, the Council portion of the hearing takes place in which members will discuss the bill and vote on its disposition. Councilmember King noted that Councilmember Aranowski is the timekeeper for the Council and will inform each speaker when they are about to reach the end of their allotted five (5) minutes. He further noted that there are seven (7) items on the agenda for Public Hearing and all will be heard this evening. PUBLIC HEARINGS REGULAR MEETING JULY 28, 2003 to present this bill to the full Council with a favorable recommendation. Mr. Jeff Myers, Staff Member, Area Plan Commission, 11th Floor County -City Building, South Bend, Indiana, residing at 1805 Hickory Road, South Bend, Indiana, made the presentation for this bill. Mr. Myers advised that the Petitioner is requesting a zone change from "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area to allow gasoline dispensing and a related facility. The property currently contains a vacant office building. Located to the north is multi- family zoned "R" Residential in the County; to the south and west is a shopping center zoned "C" Commercial, "A" Height and Area in the City of South Bend; to the east are single family homes zoned "R" Residential, an office zoned `B" Business and a video store zoned "C" Commercial and "B" Business all of which are in the County. Access to the site is from the north off of Dunn Road and from the south through the existing parking lot. Water and sewer are available to the site. The drainage has not been addressed by the Petitioner. The total site to be rezoned is thirty -four thousand two hundred fifty -eight (34,258) square feet. Of that, the buildings will occupy .6% of the site, parking and drives will occupy seventy -eight per cent (78 %) of the site and open space will occupy twenty -one per cent (21 %) of the site. A check of the Agency's maps indicates that no public wells, wetlands, or flood areas are present. The Ritschard Brothers inactive dump is located at Ironwood Road and State Road 23. The site plan is currently preliminary. The City Engineer has stated that a drainage plan will be required at the final site plan stage. At its July 15, 2003 meeting, the Area Plan Commission sent this petition to the Council with no recommendation. Mr. Edward W. Hardig, Attorney at Law, 205 West Jefferson Boulevard, South Bend, Indiana, residing at 16700 Adams Road, Granger, Indiana, made the presentation for this bill on behalf of the _ Petitioner, Dunn Road Development, LLC, and its expected tenant Martin's Super Market. Mr. Hardig stated that Dunn Road is the owner of the parcel located at the southwest corner of Dunn and Ironwood Road. The proposed tenant, Martin's Super Market, would like to use this property for a gasoline dispensing station and related facility. Customers have asked Martin's for a fuel dispensing station and they are responding to those customer requests. He noted that the facility will not be a car wash, gas station or gas station convenience type store. There will be a fuel dispensing station with gasoline pumps and a two hundred (200) square foot building. Currently there is a building on this site. This site has three (3) curb cuts. One (1) off Ironwood and two (2) off of Dunn Road. Mr. Hardig stated that Martin's has been working with the City of South Bend to enhance traffic safety in this area. The curb cut off of Ironwood onto the Dunn Road property would be vacated. One (1) curb cut off of Dunn Road onto the property would be vacated. The second existing curb cut off Dunn Road near the Ironwood intersection into the Dunn Road property would remain at approximately its current location. Further, Dunn Road would allow for the widening of Ironwood on the west side by three (3) to four (4) feet. By this widening a new left turn area would be installed on Ironwood to the north. It would allow three (3) to four (4) cars in the northbound lane to turn into the existing Martin's Super Market entrance. The entrance further north of that into the Dunn Road property would be vacated. This project will not increase traffic at the intersection of 23 and Ironwood. The Dunn Road property currently has an elevation of two (2) to three (3) feet above the existing Martin's parking lot elevation. The existing site is higher than the final proposed development for REGULAR MEETING JULY 28, 2003 In regards to site lighting, lights on the north side would be specifically designed only to cast light toward the site and block light shining to the north. The properties to the west, south and east are commercial. The property across Dunn Road to the north is multi family and is referred to as the New London Lake Condominiums. Mr. Hardig informed the Council that the Area Plan staff report recommended favorably on this petition but it has been submitted without recommendation by the Area Plan Commission. The submission without recommendation was the result of input by the New London Lake members. They had questions about what would be installed on the site. They were advised that it will be a fuel dispensing station only with a booth to take cash during the day. There might be the sale of pop or oil outside but no work will be done on the premises. Mr. Hardig advised that when they were able to meet with the New London Lake Condominium individuals they were able to assure them that this was not a typical gas station repair type of facility. He and representatives of Martin's Supermarket met with the New London Lake representatives, their president, property manager and attorney. As a result of efforts to come to a satisfactory conclusion, New London Lake individuals have withdrawn their remonstrance efforts. Martin's has agreed that it will provide evergreen screening on both the north side of the Dunn Road development location and in a certain area of the New London Lake Association property which would be necessary to shield lighting if any there might be to come into three (3) or four (4) residences that are located right at the Dunn Road /Ironwood Road intersection. Additionally, Martin's has been working with the New London Lake individuals and association residents concerning water control. Martin's will continue this commitment to water control and has agreed to a commitment to help fund an engineering study to maximize water retention on the Dunn Road development site and down the hill. Martin's has agreed to police any refuse that might be found on the south side of Dunn Road on a regular basis. Martin's and Dunn Road have provided for water retention on this project. Their water retention is proposed to match or exceed the City of South Bend drainage requirements. Martin's has also agreed to certain concerns of the New London Lake residents concerning the location of the underground tanks. Although the final site engineering has not been completed, those underground tanks would not be located north of the above ground fuel pumping location. Martin's and New London Lake have agreed and want to continue the Dunn Road curb cut that is located west of the Ironwood intersection and Dunn Road. It will remain substantially where it is but could move a few feet to the west. Martin's has agreed and did not intend to use this area for any truck delivery, fuel or otherwise. Martin's has agreed to change and reposition certain existing lights located on the north side of their main building to try to reduce and control lighting on that north side. This fuel dispensing station would not be staffed before 6:00 a.m. in the morning or after 10:00 p.m. at night. Also, there are certain existing trees on Dunn Road which are seen right across the New London Lake Condominium and as the improvements are made, subject to the Council granting this approval, those trees would not be removed or destroyed and would remain. Those are located just to the west of the old radiology building. There is evergreen screening for this site north of the road. Mr. Hardig stated that another concern of the New London Lake Condominium Association REGULAR MEETING JULY 28, 2003 Mr. Tom Debaets, 1927 New London Court, South Bend, Indiana, acting President of the New London Lake Condominium Association read a prepared statement from the Association He stated that after the Area Plan Commission meeting a line of communication between Martin's President Mr. Rob Bartels and the New London Lake Association was established. Within the past week Mr. Bartels and his representative Attorney Edward Hardig addressed their major concerns much to their satisfaction. Through communication, a lot of common sense and compromise, New London Lake and Martin's are committed to continue its good neighbor relationship. They look forward to the final site plans and are now working with Martin's to make the community an even better place to live. New London Lake no longer has an objection to the Martin's Dunn Road proposal and they support and encourage the Council and the City of South Bend to work as well with Martin's as they have during this past week. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 50 -03 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PUBLIC INGRESS /EGRESS EASEMENT TO BE VACATED IS THE FIRST EAST /WEST EASEMENT SOUTH (APPROXIMATELY 177 FEET) OF WASHINGTON STREET FROM MICHIGAN STREET EAST TO ST. JOSEPH STREET FOR A DISTANCE OF 333.70 FEET, MORE OR LESS, AND WIDTH OF 30 FEET. SAID EASEMENT BEING PART OF HALL OF FAME REPLAT OF LOT 5, RIVER BEND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Mike Danch, Danch, Hamer & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill on behalf of the City of South Bend. Mr. Danch advised that this vacation requests the vacation of a thirty (30) foot wide public ingress /egress easement that is located just south of the College Hall of Fame property and runs from Michigan Street on the west to St. Joseph Street on the east. The reason for this request is that the Chocolate Cafe is in the process of doing an expansion project and they would like to build at the southwest corner of where the Hall of Fame property is and the current Chocolate Cafe. In order to accomplish this they are required to go through this vacation procedure to request a release of any public ingress /egress easements and utility easements. Also, as part of this project, they are subdividing it so there will be legal lots of record so the Chocolate Cafe can make this addition. REGULAR MEETING JULY 28, 2003 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. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 54 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $42,000 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND NUMBER 416) Councilmember Aranowski, Vice - Chairperson, Parks, Recreation, Cultural Arts and Entertainment Committee, reported that this committee met on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. David Davenport, 17981 LaMar Street, South Bend, Indiana, made the presentation for this bill. Mr. Davenport advised that this appropriation request is for forty -two thousand dollars ($42,000.00) out of the Improvement Fund. Funds will be used for the purchase of box office computer equipment, a frequency drive for the HAVC which is the roof mounted unit, concrete work and adjustments to the loading dock area in the back of the building. Also, painting needs to be done on the infill of the letters that are on top of the stage house on the Main Street side so that the building is better recognized on that side of the street. Additionally, they need to comply with OSHA and with all the different architectural paints that they have used in the last three (3) or four (4) years they need to buy some storage cabinets to make it OSHA compatible. They also hope to purchase radios to better improve communications during concerts and a floor burnisher which would help them to keep the floors in better condition. In response to a question from Councilmember King, Mr. Davenport confirmed that these funds have already been collected as part of the ticket surcharge and are in the Capital Improvement Fund. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 55 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS DERIVED FROM THE ST. JOSEPH COUNTY ECONOMIC A XT TAT TTTTI A T dl1T TATT nr REGULAR MEETING JULY 28, 2003 BILL NO. 56 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS DERIVED FROM THE ROBERT BOSCH BRAKING CORPORATION IN THE AMOUNT OF $1,500,000 WITHIN THE STATE GRANTS FUND (FUND 210) FOR THE PURPOSE OF FINANCING THE COSTS OF REHABILITATION OF PROPERTY CONNECTED WITH THE ROBERT BOSCH CORPORATION RETENTION PROJECT BILL NO. 57 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS DERIVED FROM THE INDIANA DEVELOPMENT GRANT FUND IN THE AMOUNT OF $1,000,000 WITHIN THE STATE GRANTS FUND (FUND 210) FOR THE PURPOSE OF FINANCING THE COST OF REHABILITATION OF PROPERTY CONNECTED WITH THE ROBERT BOSCH CORPORATION RETENTION PROJECT Council President White made a motion to combine Bill Nos. 55 -03, 56 -03 and 57 -03 for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember King, Chairperson, Community and Economic Development Committee, reported that this committee held Public Hearings on these bills this afternoon and voted to send them to the full Council with favorable recommendations. Mr. Robert Case, Community & Economic Development Department, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Case advised that these funds are for the Robert Bosch Retention Project that they have been working on for the past couple of years. Basically they are trying to keep a very valuable company here in town and were able to pull togther some monies from the state and also get some money back from Bosch to help with the processes. This being the time heretofore set for the Public Hearing on the above bills, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to these bills. Therefore, Councilmember Kelly made a motion for favorable recommendation to full Council concerning Bill No. 55 -03. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Council President White made a motion for favorable recommendation to full Council concerning Bill No. 56 -03. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kelly made a motion for favorable �_ L_11 /'1 _____ _'l _ _ __ _ _._._' _ T'll lT r"I An !Y •1 REGULAR MEETING JULY 28, 2003 MUNICIPAL CODE TO ESTABLISH NEW SEWER RATES Councilmember Al "Buddy" Kirsits, Chairperson, Utilities Committee, reported that this committee met this afternoon on this bill and sends it to the full Council with a favorable recommendation. Mayor Stephen Luecke, no address given, made the presentation for this bill. Mayor Luecke asked for the Council's support and approval for this ordinance which will establish new rates for customers in the wastewater utility in the City of South Bend. Mayor Luecke reminded Councilmembers that they passed an ordinance in January of this year setting new rates but that ordinance was challenged in court and was dismissed for technical reasons. He noted that at this point, it is incumbent to set rates for an interim period of time to allow the City to efficiently operate the wastewater utility, to make repairs and some capital investments. This bill proposes a twenty -four per cent (24 %) across the board increase through 2004 with an additional five per cent (5 %) across the board increase for 2005 and until such time as a new rate ordinance may be established. He noted that the Council has received an updated Rate Study prepared by Crowe Chizek and Company dated July 23, 2003. This supports the need for the additional revenues to be raised through this rate ordinance. Mayor Luecke stated that it is his belief that this is an appropriate manner to move forward at this point so the City can maintain and operate the wastewater utility as an economical development asset and an environmental asset for our community. He noted that during the next year to year and a half an Advisory Committee will be appointed that will review further and future needs for the wastewater utility, look at the full scope of investment that will be needed to meet environmental regulations as well as to meet the needs of the growing community and propose a fair way to address those issues. Mayor Luecke asked for the Council's support of this ordinance. He noted that in this ordinance there are two columns of rates that are listed and stricken out. The first column refers to the rates passed in the January 13, 2003 by the Council that was voided by the courts. The column listed as previous rates refers to the 1988 rates that were established and it is that list of rates that is the basis for the twenty -four per cent (24 %) across the board increase with a subsequent five per cent (5 %) increase across the board in 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. Mr. John Mountsier, I/N Tek & I/N Kote, New Carlisle, Indiana, informed the Council that he would like the record to reflect his presence at the meeting tonight even though he has no comments about the ordinance. Ms. Rhonda Brown, no address given, stated that she does not have any comments pertaining to the ordnance but would like it to go on record that she is present representing Honeywell this evening. Mr. Matthew Cullinan,1154 East Colfax, South Bend, Indiana, representing the University ofNotre Dame, stated that he would like to add their support of this bill and would like the record to note that they would like to thank the Mayor and Gary Gilot for the spirit of cooperation that allowed this ordinance to come forward to the Council at this time. He stated that they look forward to working with the Mayor and the City Engineer on the Commission that will be coming together in the next few months. M REGULAR MEETING JULY 28, 2003 parts of the City for a long time and it should have been addressed earlier. The problem this creates is the City's responsibility because citizens pay to have water and sewage. She noted that the system does work most of the time but during heavy downpours it does not and when it does not it is devastating. She further noted that a persons home fills up with sewer gas which is a health problem. If you do not have a back up system then raw sewage comes into your basement. Then, there is so much pressure that the manholes pop off the streets and then there is raw sewage in the street. Lastly, the raw sewage goes untreated into the river. Ms. Brownell stated that there is no plan to separate the five (5) sewer systems into separate water and drain systems. She is aware of only the Corby Street project where the City did separate the two lines. She stated that all citizens have paid all these years and have just gotten promises. She further stated that she would not mind being in line for the project if there was a plan. This extra cost for the average homeowner and family is one more reason for people to move out of the City. She asked that the Council compromise and do less for Notre Dame and more for the homeowners. Ms. Joyce Boaler, address on file with the City Clerk, stated that the Council's mission statement to make certain that our City government is responsive to the needs of its residents is unrealistic in view of current statistics. She asked if I/N Tek - I/N Kote and the ethanol plant paid their fair share for laying sewers from New Carlisle or improving the treatment plant's ability to deal with discharge or if taxpayers paid through tax incremental financing. Public funds come from the pockets of citizens. She stated that the previous hike was too much and that untreated sewage from Notre Dame and the ethanol plant should be extra. Mrs. Boaler advised that the bill states that sewage rates and charges shall be based on the quantity of water used which she believes fair. However, this rate plus a charge based on the size of the water meter is unfair and residential rates should be basic regardless of meter size. Ms. Boaler also stated that the new sewer rates are a hardship to South Bend citizens aged sixty -five (65 ) plus who are on social security incomes. She cited national census statistics regarding numbers of households and incomes. She stated that these figures indicate that we are in a fiscal crisis yet taxes and rates are increased constantly. She further stated that the City is responsible and the Advisory Committee will offer advice but they will vote to raise homeowner taxes. Ms. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, informed the Council that not many people were present this evening because the South Bend Tribune only reported on July 17, 2003 that there would be a meeting. Ms. Kopala read excerpts of an article from the Tribune and urged citizens to remember the Council in the next election. Mr. John Strauss, Assistant Superintendent of Facilities, South Bend Community School Corporation, no address given, stated that last year the corporation paid one hundred eighty thousand dollars ($180,000.00) on sewage treatment. With the new rate structure for this year and next year they will spend two hundred fifteen thousand dollars ($215,000.00) which is a thirty -five thousand dollar ($35,000.00) a year increase. Next year it will be up to fifty -four thousand eight hundred ninety dollars ($54,890.00). Mr. Strauss stated that this is all unbudgeted money that will have to be taken out of their utility account to pay for these additional costs. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mayor Luecke reminded everyone that this is the first increase for the sewage utility in almost fifteen (15) years. A twenty -four per cent (24 %) increase over that period of time is less REGULAR MEETING JULY 28, 2003 water runoff as well and end up bringing it back into the plant. Now that the City has a better sense of what regulations are and will be for the future, it can lay those long term plans to address some of these issues which clearly have been raised. He noted that the City does not disagree that the system needs to be expanded and needs to have more capacity, but cannot guarantee that it will be able to handle heavy rainfalls of five (5) to nine (9) inches that may happen from time to time. Nevertheless, it is the City's goal to minimize the impact for the customers and minimize the environmental impact on the river. All of this carries a cost which is the cost for the operation and maintenance of the existing system as well as the cost for the improvements that need to be made. Mayor Luecke stated that it is the City's belief that the twenty -four per cent (24 %) across the board increase now proposed and the subsequent five per cent (5 %) across the board increase is the appropriate way to move for the interim so that the City can have time to sit together with representatives, some from large users who are valued customers, but also from individuals representing environmental interests, homeowners and small business concerns, so it can continue to maintain a plant that is environmentally friendly and an economic development asset for this community that keeps us competitive for homeowners and for businesses. Councilmember Kirsits made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion. Councilmember Varner stated that the first point that needs to be reiterated is that this increase, if enacted, is relative to the 1988 rate which has been consistent for many years and he shares the same concerns as others. However, if several large rate payers find another way to treat their sewer water, the revenues in terms of millions of dollars on an annual basis which they are contributing to the system, would have to be made up and that would be made up by the ratepayers that exist. The City has to find a way that is as fair as it can be to everyone. He stated that he does not think the fundamental change in the rate process which was promoted with the last ordinance did that. He further stated that he hopes the Advisory Committee explores and finds a system which, even if all cannot agree on the rates, at least all can agree on the need to get water treated and get it safely into the river and find a way as fairly as possible. Councilmember Varner noted that the City will have a lot more public participation. Councilmember Kelly stated that this ordinance tries to be as fair as it can. He noted that the City has a way to go and that there are serious problems in dividing the systems but it has to be studied and the City must make sure it does the right thing. He stated that he believes the City is on the right tract and needs to proceed to get this done. He further stated that input will be beneficial to the entire community. Councilmember Pfeifer indicated that the last ordinance which the Council approved did look out for the little people and the neighbors making sure that they did not pay more than the large users. That ordinance was struck down in the courts. Therefore, the Council has to follow the rules and laws and hopefully the committee that will be formed will find a fair way of dealing with this issue. She wanted everyone to know that the Council did look out for the little people last time. The motion carried by a voice vote of eight (8) ayes. RISE AND REPORT REGULAR MEETING JULY 28, 2003 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 8:00 p.m. Council President Karen L. White presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9436 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1881 NORTH IRONWOOD DR. IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9437 -03 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PUBLIC INGRESS /EGRESS EASEMENT TO BE VACATED IS THE FIRST EAST /WEST EASEMENT SOUTH (APPROXIMATELY 177 FEET) OF WASHINGTON STREET FROM MICHIGAN STREET EAST TO ST. JOSEPH STREET FOR A DISTANCE OF 333.70 FEET, MORE OR LESS, AND WIDTH OF 30 FEET. SAID EASEMENT BEING PART OF HALL OF FAME REPLAT OF LOT 5, RIVER BEND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9438 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $42,000 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND NUMBER 416) This bill had third reading. Councilmember King made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9439 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS DERIVED FROM THE ST. JOSEPH REGULAR MEETING JULY 28, 2003 This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9440 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS DERIVED FROM THE ROBERT BOSCH BRAKING CORPORATION IN THE AMOUNT OF $1,500,000 WITHIN THE STATE GRANTS FUND (FUND 210) FOR THE PURPOSE OF FINANCING THE COSTS OF REHABILITATION OF PROPERTY CONNECTED WITH THE ROBERT BOSCH CORPORATION RETENTION PROJECT This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9441 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS DERIVED FROM THE INDIANA DEVELOPMENT GRANT FUND IN THE AMOUNT OF $1,000,000 WITHIN THE STATE GRANTS FUND (FUND 210) FOR THE PURPOSE OF FINANCING THE COST OF REHABILITATION OF PROPERTY CONNECTED WITH THE ROBERT BOSCH CORPORATION RETENTION PROJECT This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9442 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, SECTION 17 -21, AND SECTION 17 -25 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH NEW SEWER RATES This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3212 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING ■ REGULAR MEETING JULY 28, 2003 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 2025 S. Main Street, South Bend, Indiana, and which is more particularly described as follows: Lots 37 to 48 & 14' Vac Alley W & Adj & So 48' Bowman St & Vac Donald St, Bowman's 1St Add. Ireg Tract Beg 14'W & 18'S of SW Cor Lot 36 Bowman's & Being Pt of W1 /2 SW1 /4 Sec 13-37 - 2E Cont 1.85 Ac +/- and which has Key Numbers 18- 8011 -0489 and 18- 8012 - 056702, 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 ten (10) 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 et sea. 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. John Axelberg, President, Axelberg & Axelberg, LLC, Real Estate Holding Company for General Sheet Metal Works, 1501 East Wayne Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Axelberg thanked the Council for considering this petition for tax abatement. REGULAR MEETING JULY 28, 2003 RESOLUTION NO. 3213 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2502 WEST LAWTON STREET AND 201 NORTH OLIVE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK & MANUFACTURING, INC. 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 2502 West Lawton Street and 201 North Olive Road and which is more particularly described as follows: Lots located at 2502 West Lawton Street numbered sixty (60), sixty - one (61), sixty -two (62), sixty -three (63), sixty -four (64), sixty -five (65), sixty -six (66), and sixty -seven (67) as shown on the recorded Plat of West End Subdivision, within and part of the City of South Bend, recorded August 20, 1901 in Plat Book 8, page 46. Lots located at 201 North Olive numbered North 57.39 F +on Olive x 257" of Lots 11 & 12 & P + S of 33, 32, 31,30 & all of 29 & 14" Vacant Alley West End Subdivision. 60.37 Ft on Olive Street x 261 Foot on Orange being Lot 10 and parts of 11- 30- 31 -32 -33 & 14 Foot Alley West End Subdivision. with said real estate having the following Key Numbers 18- 2038 - 1313,18- 2081 -1325, 18 -2038- 1328, 18- 2038 -1300, 18- 2038 - 1303,18- 2038 -1306, 18- 2038 -1306, 18- 2038 -1315, 18- 2038 -1318, 18- 2038 -1327, 18- 2038 - 128701, and 18- 2038 -1289, 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 Personal property tax abatement only and is limited to two (2) calendar years from ■ REGULAR MEETING JULY 28, 2003 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. Thomas Kinnucan, Jr., 51930 Juniper Road, South Bend, Indiana, made the presentation for this bill. Mr. Kinnucan thanked the Council for their consideration of this tax abatement. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kuspa made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3214 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1030 PORTAGE AVENUE AND 919 LELAND AVENUE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR NEAR NORTHWEST NEIGHBORHOOD, 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 1030 Portage Avenue and 919 Leland Avenue, South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 1030 Portage Avenue Lot 2 Portage PK 15` 18- 1063 -2717 919 Leland Avenue Lot 99 & 100 40ft N end 18- 1062 -2642 Ea Shetterly PL 3rd 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 REGULAR MEETING JULY 28, 2003 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 sea., 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 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 ■ REGULAR MEETING JULY 28, 2003 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 Ms. Karen Ainsley, Executive Director, Near Northwest Neighborhood, Inc., 1005 Portage Avenue, South Bend, Indiana, residing at 711 Forest, South Bend, Indiana, made the presentation for this bill. Ms. Ainsely thanked the Council for their consideration of this request. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3215 -03 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 130, 530, 621, 630, 636 AND 726 EAST BROADWAY STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CITY OF SOUTH BEND BOARD OF PUBLIC WORKS 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 area commonly known as 130, 530, 621, 630, 636 and 726 East Broadway Street, South Bend, Indiana, and which is more particularly described as follows: Street Address 130 E. Broadway St. Legal Description Lot 27, Haneys Addition Lot 26, Haneys Addition 530 E. Broadway St. 82 Ft N End Lot 207 Wenger & Kreighbaums Replat of Wenger's 6`' Add N 82 Ft Lot 206 Wenger & Kreighbaums Replat of Wenger's 6' Add Mid Pt Ea 206 & 207 Wenger & Kreighbaums Replat of Wenger's 6' Add S 35 Ft Lots 207 & 206 Wenger & Kreighbaums Replat of Wenger's 6`' Add Key Number 18- 7026 -1043* 18- 7026 -1044 18- 7014 -0552* 18- 7014 -0553 18- 7014 -0554 18- 7014 -0555 REGULAR MEETING JULY 28, 2003 80 Ft N End Lot 197 Wenger & 18- 7015 -0605 Kreighbaums Replat of Wenger's 6 ' Add 636 E. Broadway St. 80 Ft N End Lot 196 Wenger & 18- 7015 -0606* Kreighbaums Replat of Wenger's 6'' Add Lots 196 & 197, 37 Ft Mid Pt Ea Wenger & 18- 7015 -0607 Kreighbaums Replat of Wenger's 6' Add Lots 196 & 197, 36 Ft S End Ea Wenger & 18- 7015 -0608 Kreighbaums Replat of Wenger's 6'' Add 726 E. Broadway St. Lot 190 Wenger & Kreighbaums 18- 7016 -0653* Replat of Wenger's 61 Add Lot 222 Wenger & Kreighbaums 18 -7016 -0654 Replat of Wenger's 6' Add * - indicates primary tax key number be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et seci.. and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et sea., 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 sea., 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 ■ REGULAR MEETING JULY 28, 2003 F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement ofBenefits 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 ofthe 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 be designated as a residentially distressed area. REGULAR MEETING JULY 28, 2003 Councilmember King, 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. Councilmember Kelly advised that he is a member of the Board of American Home Dreams and based on the advice of Council Attorney Kathleen Cekanski- Farrand he does not have to recuse I himself from voting on this matter as he will not receive any personal benefit. Mr. Marco Mariani, Department of Community and Economic Development, 12th Floor County - City Building, residing at 1207 Fairview Avenue, South Bend, Indiana, representing the Petitioner, City of South Bend Board of Public Works, made the presentation for this bill. Mr. Mariani advised that this tax abatement is for fifteen (15) City owned lots along Broadway Street as part of their ongoing partnership with American Home Dreams. He noted that they look forward to completing this phase which will probably be the last phase of their work with American Home Dreams. This is a seven hundred thousand dollar ($700,000.00) investment in six (6) new homes. 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 King 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 eight (8) ayes. BILL NO. 03 -76 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 1827 NORTH BENDIX DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MANN +HUMMEL USA, INC. Councilmember King made a motion to postpone the Public Hearing on this bill until the August 11, 2003 meeting of the Council at the request of the Petitioner. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3216 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN 6719 BLACKTHORN DRIVE OR 4803 PORTSIDE DRIVE, 6727 BLACKTHORN DRIVE, 6735 BLACKTHORN DRIVE, 6747 BLACKTHORN DRIVE OR 4838 ORANGE ROAD, 6743 BLACKTHORN DRIVE OR 4736 ORANGE ROAD, 6732 BLACKTHORN ■ T. r. rr ir-rn w rT ♦ lY T�mTT /T11T T1 Tl TT 7T /^/'1 REGULAR MEETING JULY 28, 2003 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 The Villas at Lake Blackthorn, South Bend, Indiana, and which is more particularly described as follows: Lot # *107 108 109 *110 *111 112 113 *114* Street Address: 4803 Portside Drive or 6719 Blackthorn Harbor Dr. 6727 Blackthorn Harbor Dr. 6735 Blackthorn Harbor Dr. 6747 Blackthorn Harbor Dr. or 4838 Orange Road 4736 Orange Road or 6743 Blackthorn Harbor Dr. 6732 Blackthorn Harbor Dr. 6724 Blackthorn Harbor Dr. 6716 Blackthorn Harbor Dr. or 4739 Portside Drive Legal Description: Lot 107, Cooreman's 1St Add Lot 108, Cooreman's Pt Add Lot 109, Cooreman's 1St Add Lot 110, Cooreman's 1St Add Lot 111, Cooreman's 1St Add Lot 112, Cooreman's 1St Add Lot 113, Cooreman's Pt Add Lot 114, Cooreman's 1 st Add * - denotes a corner lot which may have one or the other address Key Number: 25 -1010- 017727 25- 1010 - 017410 25- 1010- 017403 25- 1010 - 017428 25- 1010- 017429 25 -1010- 017430 25- 1010- 017610 25- 1010- 017728 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1- 12.1, et SeMc ., 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 sea., 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 REGULAR MEETING JULY 28, 2003 or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: L the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. 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. REGULAR MEETING JULY 28, 2003 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 Councilmember King, 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. Steve Cooreman, Cooreman Real Estate Group, Inc., 24545 Brick Road, South Bend, Indiana, made the presentation for this bill. Mr. Cooreman advised that this tax abatement is for the Villas at Lake Blackthorn. The project will consist of approximately one hundred fourteen (114 ) villas and feature a ten (10) acre lake in the middle of the project. When the Villas at Lake Blackthorn are fully built out, they will generate more than $30 million in new construction. Currently this parcel generates approximately eight hundred dollars ($800.00) per year. When the project is completed and fully taxed it will generate in excess of three hundred fifty thousand dollars ($350,000.00) in real estate taxes. He noted that this is a good example of the public and private sectors working together to build a strong tax base for the City of South Bend and that without this mechanism they would not be able to do the project. 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 Aranowski made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3217 -03 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, COMMON COUNCIL PROVIDING PRELIMINARY APPROVAL OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING CERTAIN ECONOMIC DEVELOPMENT FACILITIES (KITE CAPITAL, LLC ERSKINE VILLAGE PROJECT) WHEREAS, the City of South Bend, Indiana (the "City "), is authorized by I.C. 36 -7 -11.9 and 12, as supplemented and amended (the "Act "), to issue revenue bonds for the financing of economic development facilities, the funds for said financing to be used for the development, construction, installation and equipping of said facilities; and WHEREAS, the City, the South Bend Redevelopment Commission (the "Redevelopment Commission ") and Kite Capital, LLC (the "Company "), have entered into a Development Agreement (the "Agreement ") pursuant to which the Company has agreed to undertake the demolition of the former Montgomery Ward store and automotive service center and the construction of a discount department store consisting of approximately 123,680 square feet (the "Project "), which D,.,.; —+ - a..,. —+:,l ...1.,.— , ral.,. ,.,....,.a...,,.a,..,. L_. -r.. ACA ANNA cnn AAA -- --- r— --1 REGULAR MEETING JULY 28, 2003 (the "Commission ") and the City that they propose that the City issue economic development revenue bonds for the purpose of providing financing for certain economic development facilities consisting of the development and construction of the Project; and WHEREAS, the Company has proposed that the City issue its revenue bonds under the Act to finance the development and construction of the Project under a financing agreement whereby the proceeds of such bonds would be utilized to develop and construct the Project and the principal of, premium, if any, and interest on said bonds shall be payable solely from tax increment revenues to be pledged by the Redevelopment Commission and resulting from the increase in the assessed value of real property which comprises the Site and improvements thereon (the "Tax Increment "), with the aggregate principal amount of such bonds not to exceed Six Million Dollars ($6,000,000); and the Company has further advised the City that the determination by the City to proceed with the issuance of such bonds constitutes a substantial inducement to the Company to proceed with the Project; and WHEREAS, the Company has submitted evidence regarding the adverse competitive effect of the Project on similar facilities already constructed or operating in the City; and WHEREAS, it is estimated that the Project will result in the creation or retention of approximately one hundred and fifty (150) permanent jobs with an estimated total annual payroll of $2,5000,000; and WHEREAS, the Commission has rendered a report concerning the proposed financing of economic development facilities for the Company which report incorporates findings of fact by the Commission regarding the competitive effect of the Project or similar facilities already constructed or operating in the City; and WHEREAS, the Commission has given its approval to such financing of the Project; and WHEREAS, the issuance and sale of said revenue bonds will not reduce the legal bonding capacity of the City; and WHEREAS, the expenses incurred by the City in connection with the issuance and sale of said revenue bonds shall be paid from proceeds of the bonds; and WHEREAS, the principal of and interest on said bonds are payable solely from the Tax Increment and the failure of the City to pay such principal and interest due to the insufficiency of the Tax Increment will not constitute an act of default by the City with respect to the bonds; and WHEREAS, the issuance of said bonds shall not obligate the full faith and credit for the taxing power of the City; WHEREAS, subject to required approvals, it appears that the financing of the Project would be a public benefit to the health, prosperity, economic stability and general welfare of the City and its inhabitants; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: . REGULAR MEETING JULY 28, 2003 II. The Common Council further finds, determines, ratifies and confirms that the issuance and sale of economic development revenue bonds of the City under the Act in an approximate amount of $6,000,000 for the Project and the loan of the proceeds of the revenue bonds to the Company will serve the public purposes referred to above, in accordance with the Act. III. In order to induce the Company to proceed with the Project and subject to all approvals required pursuant to Act, the Common Council hereby finds, determines, ratifies and confirms that: i) It will take or cause to be taken such actions pursuant to the Act as may be reasonably required to implement the aforesaid financing, or as it may deem reasonably appropriate in pursuance thereof; provided that all of the foregoing shall be mutually acceptable to the City and the Company; and ii) It will adopt such ordinances and resolution and authorize the execution and delivery of such instruments and the taking of such action as may be reasonably necessary and advisable for the authorization, issuance and sale of said economic development bonds. IV. All costs of the Project incurred for planning, engineering, interest paid during construction, underwritten expenses, attorney and bond counsel fees, acquisition, construction and equipping of the Project, including reimbursement or repayment to the Company of moneys expended prior to the adoption by the City of this resolution would be permitted to be included as part of the Project costs to be financed out of the loan of the proceeds from the sale of the bonds to the extent permitted by the Act. V. All action taken and approvals given by the City with regard to the Company, are based upon the evidence submitted and representations made by the Company, its agents or counsel, to the Commission and the City. No independent examination, appraisal or inspection of the Project was made, requested, or is contemplated by the City. VI. The City does not, by this or any other approval or funding, guarantee, warrant or even suggest that the bonds, coupons or series thereofwill be a reasonable investment for any person, firm or corporation. VII. The City shall not be obligated, directly or indirectly, to see to the application or use of the proceeds from the sale of the bonds or to see that the contemplated improvements, if any, are constructed. VIII. The City does not warrant, guarantee or even suggest that interest to be paid to or income to be received by the holders of any bond, coupon, or series thereof is exempt from taxation by any local, state or federal government. IX. The Council anticipates that, pursuant to the Agreement, the bonds, together with the interest thereon, shall be payable solely from the Tax Increment and that the Redevelopment Commission shall take such actions as may be necessary to pledge the Tax Increment for such purpose; neither the City nor the Commission shall have any obligation with respect to the payment of principal of or interest on said bonds other than the payment of the Tax Increment as such may ^- -- -- T'----- ---- °' _W_.._ +-r,. At_,.- A -,U-11 --+ I- REGULAR MEETING JULY 28, 2003 XI. This resolution does not constitute a binding obligation of the Commission or the City to issue the bonds, but instead, is a commitment by the City to proceed with negotiations for the financing described herein with the Company and is subject to the adoption of a bond ordinance by the City in accordance with the provision of the Act. XII. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: s/Karen L. White Member of the Common Council Councilmember King, 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. Don Inks, Department of Community and Economic Development, 1824 Portage Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Inks advised that this Resolution authorizes an Economic Development Revenue Bond for up to $6 million dollars. It is the first phase of financing for the Erskine Village Project which will create over five hundred thousand (500,000) square feet of new retail development on the current Scottsdale Mall site. 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 King seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3218 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REGARDING THE AMENDMENT OF THE LEASE WITH THE CITY OF SOUTH BEND BUILDING CORPORATION FOR THE CONSTRUCTION AND EQUIPPING OF A NEW FIRE STATION AND THE RENOVATION AND EXPANSION OF A POLICE STATION AND REGARDING CERTAIN RELATED MATTERS WHEREAS, the Common Council previously determined that a need exists for the u 1 construction and equipping of a new central fire station to be located on Michigan Street approximately one hundred fifty (15 0) feet from the intersection of Broadway and Michigan Streets (the "Fire Station Project ") and the renovation and expansion of the police station located at 701 W. Sample ` (the "Police Station Project" and, with the Fire Station Project, the "Projects ") and that the . r--- 1_---- 1_ li1_____ r_-------- 1_A�1-- L-- 1 - ____- ---`1 - - - -- 71_1_ 1 _- mil__ 1Y*- -- r - n---,I-T --1 r__"�' --- _/�.1-- REGULAR MEETING JULY 28, 2003 previously approved and executed after a public hearing, a lease between the Building Corporation and the City (the "Lease ") upon the Projects; and WHEREAS, the Building Corporation has sold its First Mortgage Revenue Bonds of 2003 (the "Bonds ") in the aggregate principal amount of $21,335,000 to City Securities Corporation at a net interest cost of approximately 4.459 %, which interest rate is lower than the interest rate used to calculate the maximum lease rental under the Lease; and WHEREAS, the Common Council desires to amend the Lease to reduce the semi - annual lease rentals to correspond to the actual debt service as established pursuant to the terms of the bond sale; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: The Common Council hereby ratifies the sale of the Bonds in an aggregate principal amount of Twenty -one Million Three Hundred and Thirty -five Thousand Dollars and 00 /100 ($21,335,000) and the sale thereof to City Securities Corporation. II. The Common Council hereby agrees to the reduction of the lease rental payments to the amount set forth in the Addendum to Lease with the Building Corporation dated July 1, 2003, presented to this meeting (the "Addendum "). III. The Common Council hereby approves the Addendum in the form submitted to this meeting and authorizes the Mayor and City Clerk to execute and attest, respectively, the Addendum on behalf of the City, with such changes as may be necessary on the advice of counsel with the execution and attestation thereof to be evidence of such approval. IV. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: s/Karen L. White Member of the Common Council Councilmember King, 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. Rick 011ett, Controller, City of South Bend, 14th Floor County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. 011ett stated that this Resolution approves the addendum to the lease ratifying the sale of the lease revenue bonds to fund both the construction and equipping of the Fire Department station and the renovation and expansion of the Police Station. He noted that previously the Council approved REGULAR MEETING JULY 28, 2003 Councilmember Kirsits advised that he is an employee of the South Bend Fire Department and based on the advice of Council Attorney Kathleen Cekanski - Farrand, will be able to vote on this bill as he will not receive any benefit other than a better working place. Councilmember King made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS - FIRST READING BILL NO. 59 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEARS 2004, 2005, 2006 AND 2007 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 8, 2003. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 60 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE SOUTH BEND REDEVELOPMENT COMMISSION'S CREATION OF THE SOUTH SIDE - ECONOMIC DEVELOPMENT PROJECT DISTRICT AND THE SOUTH SIDE ECONOMIC DEVELOPMENT PROJECT DISTRICT DEVELOPMENT PLAN FOR THE PURPOSES OF UTILIZING SALES TAX INCREMENT FINANCING ( "STIF ") This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on August 11, 2003. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS: REPORT FROM 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 July 15, 2003: BILL NO. 46 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3601 EDISON ROAD IN m--- -Tm --T A XT A REGULAR MEETING JULY 28, 2003 NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. ANNOUNCEMENT OF NEXT MEETING DATE President White announced that the next regular meeting of the Council will be held on Monday, August 11, 2003. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:25 p.m. ATTEST: ALI Loren" . ud , City Clerk ATTES . — - Z";3' Ka en L. White, President 1 1 II