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HomeMy WebLinkAbout09/10/07 Council Meeting MinutesREGULAR MEETING SEPTEMBER 10, 2007 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, September 10, 2007 at 7:00 p.m. The meeting was called to order by Council President Rouse and the Invocation and Pledge to the Flag were given. R(1T.T. f AT.T. COUNCILMEMBERS: Present: Derek D. Dieter Charlotte Pfeifer Roland "Randy" Kelly Ann Puzzello David Varner Ervin Kuspa Timothy Rouse Karen L. White Absent: Al "Buddy" Kirsits OTHERS PRESENT: At-Large John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the August 27, 2007 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember Dieter made a motion that the minutes of the August 27, 2007 meetings of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION N0.3782-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING FRIDAY, SEPTEMBER 21, 2007, AS THE INTERNATIONAL DAY OF PEACE DAY Whereas, the Common Council of the City of South Bend, Indiana, notes that in 1981, the United Nations established the International Day of Peace to coincide with the opening of the General Assembly; and 1 st District 2nd District 3rd District 4th District Vice-President 5th District 6th District At-Large President At-Large Chairperson Committee of the Whole Whereas, the South Bend Common Council further notes that in 2002, the United Nations permanently established September 21St of each year, as the permanent date for the International Day of Peace celebrations; and REGULAR MEETING SEPTEMBER 10, 2007 Whereas, the International Day of Peace is to "serve as a reminder to all people that [the United Nations], with all its limitations, is a living instrument in the service of peace and should serve...as a constantly pealing bell reminding us that our permanent commitment, above all interests or differences of any kind, is to peace"; and Whereas, since 2001, the United Nations has expanded the observance of the International Day of Peace to include a call for a day of global ceasefire and non- violence, and invites all nations and people throughout the world to honor a cessation of hostilities on September 21st; and Whereas, last year throughout the State of Indiana, schools and groups participated in the "Pinwheels for Peace" activity which were created and displayed to inspire their communities to work for peace in joining this worldwide Day of Peace movement. Now, Therefore, be it resolved, by the Common Council of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly declares Friday, September 21, 2007 as INTERNATIONAL DAY OF PEACE in South Bend, Indiana. Section II. The South Bend Common Council urges all public and private agencies, schools, places of worship and residents of our community to commemorate in an appropriate manner the 2007 International Day of Peace as we work together to "establish a global day of peace" in our homes, our communities, and among all nations and people. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. slDerek D. Dieter, l~ District s/Charlotte D. Pfeifer, 2nd District s/Roland "Randy" Kelly, 3rd District slAnn Puzzello, 4d' District s/Dr. David Varner, 5d' District s/Ervin Kuspa, 6~' District Council Member s/Al "Buddy" Kirsits, Council Member At Large s/Timothy A. Rouse, Council Member At Large s/Karen L. White, Council Member At Large s/Kathleen Cekanski-Farrand, Council Attorney Attest: s/John Voorde, City Clerk Adopted this 10~' day of September, 2007. s/Stephen J. Luecke, Mayor of South Bend Councilmember Kuspa, 434 South Liberty Street, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Ms. Lois Clark. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Ms. Clark thanked the Council for this honor. She noted that this is a historic moment and words cannot express her gratitude for this Resolution. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. 2 REGULAR MEETING RESOLVE INTO THE COMMITTEE OF THE WHOLE SEPTEMBER 10, 2007 At 7:10 p.m. Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember White stated that a brochure maybe found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL N0.38-07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF NOTRE DAME AVENUE & SORIN STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT N0.4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kuspa, Vice-Chairperson, Zoning and Annexation 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. Robert Nemeth, Staff Planner, Area Plan Commission, 1 lth Floor County-City Building, South Bend, Indiana, presented the report from the Commission. Mr. Nemeth advised that the Petitioner is requesting a zone change from SF2 Single Family and Two Family District to PUD Planned Unit Development District to allow a residential multi-tenant facility. On site are two single family houses zoned SF2 Single Family and Two Family District. To the north are single family houses zoned SF2 Single Family and Two Family District. To the east across Notre Dame Avenue is vacant property that will be developed for eight townhouses zoned MU Mixed Use District and three single family houses one of which is rented for student housing zoned SF2 Single Family and Two Family District. To the south across Sorin Street are single family houses zoned SF2 Single Family and Two Family District. To the west across the alley are single family houses zoned SF2 Single Family and Two Family District. The "PUD" District is intended to encourage creativity and innovations in the design of developments, provide for more efficient use of land, and to provide for an individual land use not otherwise specific elsewhere in the Ordinance. The revised preliminary plan reduces the number ofsingle-family attached homes from 36 to 32 units over 1.68 acres, for a density of 19 units per acre as compared to 21.4. The maximum height is reduced from 48 to 42 feet. The buildings have been generally reoriented to face toward Sorin Street and Notre Dame Avenue. The three original buildings have been split into seven buildings separated by driveways and greenspace. The brick wall along Sorin Street has been removed. Lastly, the number of parking spaces has been reduced from 82 to 65, providing two spaces per unit. To the east across Notre Dame Avenue is vacant property that will be developed for eight townhouses and was zoned MU Mixed Use District with the effective date of the current zoning map on May 7, 2004. The balance of the area was previously zoned B Residential, B Height and Area Multi-Family District. Notre Dame Avenue has two lanes with parking on both sides. Sorin Street has two lanes with parking on the south side. There is an alley adjacent to the west property line. This alley REGULAR MEETING SEPTEMBER 10, 2007 will be used for access to some of the units. Municipal water and sewer are available to the site. The rezoning is consistent with the City Plan land use policy. The rezoning exceeds the density recommended by the Future Land Use Map. On site are two single family houses. There are single family residential use to the south and west. To the east, there are three single family houses and eight town houses proposed for construction. There are single family residential use to the south and west. To the east, there are three single family houses and eight town houses proposed for construction. To the north on Notre Dame Avenue there are three single family houses. The surrounding property values may be conserved or increased with the PUD Planned Unit Development rezoning. It is responsible growth to encourage infill development where infrastructure and services exist. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. The site is located in an area with a mixture of uses. To the north and on either side Notre Dame Avenue, are a number of large single family homes along with a church and two commercial uses located at the corner of State road 23. Across Notre Dame Avenue is a proposed townhouse development. To the south, one block away, is the beginning of the St. Joseph Regional Medical Center campus. Awell-designed single-family project, albeit of a higher density, would provide a good, stable, infill land use component to this part of the neighborhood. The changes made since previous submittal help to make this project more compatible with the surrounding area. Mr. Mike Danch, President, Danch, Harner & Associates,1642 Commerce Drive, South Bend, Indiana, made the presentation on behalf of the owners Robert Dunbar, Jr. and Michelle & Michael Alfrey. Mr. Danch advised that the petitioners are requesting the approval of a rezoning for their properties located at the Northwest corner of Notre Dame Avenue & Sorin Street, South Bend, Indiana. The rezoning will allow for the construction of aMulti-tenant facility. Mr. Danch stated that they believe this type of development would fit well along this portion of Notre Dame Avenue. 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 Kuspa made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL N0.40-07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED BETWEEN 3466 AND 17210 DOUGLAS ROAD AND SOUTH OF 17210 AND 17242 DOUGLAS ROAD AND APPROXIMATELY 1,000 FEET EAST OF S.R. 23, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Pfeifer made a motion to continue this bill until the September 24, 2007 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING SEPTEMBER 10, 2007 BILL N0.48-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE: AMENDING ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS, TO ADD RELIGIOUS USES AND PUBLIC LIBRARIES IN ALL DISTRICTS, TO ALLOW MINI (SELF STORAGE) WAREHOUSES WITHOUT OUTDOOR STORAGE AS A PERMITTED USE AND WITH OUTDOOR STORAGE AS A SPECIAL EXCEPTION USE IN THE GB GENERAL BUSINESS DISTRICT; AMENDING ARTICLE 4 INDUSTRIAL DISTRICTS TO ADD CERTAIN FOOD SALES AND SERVICE USES, MINI (SELF STORAGE) WAREHOUSES AND RELIGIOUS USES TO THE LI LIGHT INDUSTRIAL DISTRICT, TO ADD MINI (SELF STORAGE) WAREHOUSES AND RELIGIOUS USES TO THE GI GENERAL INDUSTRIAL DISTRICT; AMENDING ARTICLE 7 GENERAL REGULATIONS TO REVISE THE HEIGHT OF MONUMENT SIGNS, TO PROVIDE FOR A MAXIMUM HEIGHT TO PARKING AREA SCREENING, TO REVISE THE REQUIRED NUMBER OF PARKING SPACES FOR TWO- FAMILYAND MULTI-FAMILY RESIDENCES AND RESTAURANTS; AMENDING ARTICLE 11 DEFINITIONS TO ADD A DEFINITION FOR MINI (SELF STORAGE) WAREHOUSE, TO REVISE THE DEFINITION FOR WAREHOUSE, AND TO DELETE THE DEFINITION FOR STORAGE AND TRANSFER ESTABLISHMENT Councilmember Kuspa, Vice-Chairperson, Zoning and Annexation 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. Robert Nemeth, Staff Planner, Area Plan Commission, l l~' Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Nemeth advised that this bill is being initiated by the Area Plan Commission to amend various sections of Chapter 21, City of South Bend Zoning Ordinance. Mr. Nemeth referred to this bill as a "housekeeping" measure and that it has been determined that certain changes are necessary to revise and clarify various sections of the ordinance. 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 Kuspa 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. REGULAR MEETING SEPTEMBER 10, 2007 BILL N0.54-07 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2008 BILL N0.55-07 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL N0.56-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Puzzello made a motion to combine these bills for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Pfeifer, Chairperson, Personnel and Finance Committee, reported that this committee has heard questions and answers on these bills and will continue to have discussions on these bills. She noted that the dates and times will be announced next week. Mayor Stephen Luecke, 14th Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Mayor Luecke stated that despite the multiple strains of decreasing revenues and increasing costs, South Bend has been able to maintain a solid financial position." Although the city has continued to budget cash reserves, the city still needs to use tax anticipation warrants because the City hasn't received its distribution of property tax revenues. Borrowing will cost the city nearly $400,000 this year, and the Mayor reiterated that if the state doesn't send its certified tax rates soon the city may need to borrow again next year. Mayor Luecke stated that the "property tax system" is broken and needs to be fixed. He stated that it is a travesty that we are in our ninth month of the year and still do not have a certified budget, nor the information that they need to make precise projections for our 2008 budget. Mayor Luecke stated that they need the state to certify tax rates so tax bills can go out. He noted that preliminary numbers from the state show a 3.4 percent decline in the city's property tax rate this year, and the city is budgeting to hold that rate constant for 2008. He noted that the state allows up to a 3.7 percent levy, but, the city is budgeting for only a 2 percent growth in property taxes. Mayor Luecke stated that this will prepare the city to contain spending in the future, in preparation for the full impact of the Circuit Breaker in 2010. Mayor Luecke stated that city department heads have done a good job tightening their budgets, while gasoline and REGULAR MEETING SEPTEMBER 10, 2007 health insurance costs have continued to rise. Mayor Luecke stated that the budget includes several capital requests such as funding to replace 46 police cars, Potawatomi Zoo repairs, and major street and sewer improvements on places such as Miami Road and Ewing Street. Catherine Fanello, City Controller, 12th Floor County-City Building, South Bend, Indiana, reiterated that this is a responsible budget. She noted that she is glad that the city is not experiencing some of the current financial issues that other local governments are facing today, but it does require a thought process for the future when the Circuit Breaker hits. She noted that each department was instructed to prioritize and find ways to measure the results of their departments. The departments were asked to use budgeting for outcomes. Budgeting for outcomes philosophy focuses on core mission, measuring where dollars go and what they are used for. She noted that the must continue to find ways to measure results and that budget are public policy and numbers alone do not tell a story, results matter. Ms. Fanello advised that property taxes and levy growth is calculated by the Department of Local Government Finance (DLGF) and reiterated that the levy growth for 2008 is 3.7 %. She noted that the project tax rate for 2007 is $2.1046 which is a -3.4% growth as a percent over prior years and the inflation rate is 2.5% (thru June) She noted that the 2007 estimated Levy in the General Fund is $51,224,462; Park Fund $8,694,590; Police Pension $1,451,127; Fire Pension $1,615,405; Cumulative Capital Development $1,040,430; for a total $64,026,014. The 2008 project levy in the General Fund if $52,245,227; Park Fund $8,816,382; Police Pension $1,449,805; Fire Pension $1,632,663; Cumulative Capital Development $1,162,456 for atotal $65,306,533. For an increase in 2008 in the General Fund of $1,020,765; Park Fund $121,792; Police Pension $1,322; Fire Pension $17,258; Cumulative Capital Development $122,026 for a total of $1,280,519 or 2%. Total Tax Collections as a % of Current Tax Levy in 2006101.03% collected with an outstanding delinquent tax of $5,495,442; in 2005 96.08% with an outstanding delinquent tax of $8,093,237; in 2004 98.45% collected $6,189,942 and in 2003 97.13% with an outstanding delinquent tax of $6,203,521. Ms. Fanello noted that property taxes are still not finalized for 2007 for the county, neither is there an estimate of assessed value for 2008. Therefore, these numbers are only estimates and are subject to change. Tax rates are advertised much higher as a safeguard and a rule of thumb. Revenue sources are a reduction in gasoline taxes of $163,000 that will affect the motor vehicle highway fund and local road & street fund. The General Fund total revenue increased less than 1% and no increases projected in income tax revenue. She noted that total revenue sources from budgeted funds are projected to increase $2.7 million (1.46%) over 2007 estimated revenue. The largest portion is from Sewer Fund increases of approximately $2.31 million, the remaining is mainly user fees and administrative and self insurance increases to city funds. The 2008 Revenue Source General Fund $69,045,926 or 36%; Enterprise Funds $48,320,745 or 26%; Special Revenue Funds $23,219,626 or 12%; Internal Service Funds $20,377,799 or 11%; CapitaUDebt Service Funds $16,066,485 or 9% and Trust Agency Funds $10,388,145 or 6%. Ms. Fanello noted that some revenue examples include Enterprise Fund dollars consist of Utilities, Building Department Fees, Century Center Revenue, Parking Garage Revenue. Special Revenue Funds consist of Park Department, Motor Vehicle Highway and Local Road & Street Dollars. TrustlAgency dollars are pension funds for Police and Fire. Capital and Debt Funds consist mainly of Hall of Fame Bond, Professional Sports Development, County Option Income Tax Economic Development Income Tax, Emergency Medical Services, Capital Development and Improvement funds, Coveleski Stadium. She noted that money comes from various funding sources such as charges for services, $54,329,438 or 29%; Fines $429,884 or 0%; Intergovernmental Grants $19,843,678 or 11%; Licenses & Permits $1,640,375 or 1%; Miscellaneous $4,635,347 or 2%; Operating Revenues $1,928,348 or 1%; Other Financing Sources $18, 830,537 or 10%; Reimbursements & Refunds $3,549,597 or 2%; Property Taxes $65,306,533 or 35%; Income Taxes $9,402,467 or 5% and HoteUMotel $2,087,010.00 or 1%. She reminded that budgets will have to be drastically adjusted in 2009 to prepare for the $7 million dollar loss in property taxes due to the Circuit Breaker. This amount may change up or down depending on trending. She noted that expenditures in the General Fund Budget dropped $1.7 million (2.5%) decrease and that the total City budgeted funds increased only 1.85% overall compared to the 2007 budget. She advised that this excludes capital funds. Capital fund costs are unique from year to year and do REGULAR MEETING SEPTEMBER 10, 2007 not figure into the operating budget increaseldecrease. Ms. Fanello further advised that the money goes to various departments such as Economic Development $6,190,587 or 3%; Utilities $42,899,888 or 23%; Culture & Recreation $20,826,034 or 11%; Public Works $15,765,338 or 8%; Public Safety $64,297,877 or 35%; General Government $20,560,051 or 11%; and Health and Liability Self Insurance $16,650,774 or 9%. She noted that the 2008 Expenditures by category type are Salaries & Benefits $95,910,105 or 51%; Supplies $8,877,270 or 5%; Services & Charges $73,162,135 or 39% and Capital $9,241,039 or 5% and noted that services and charges include all debt payments. Ms. Fanello stated that the general salary increases for the 2008 budget will be 2%. Some positions reviewed for market value and adjusted for ability to attract and retain qualified personnel. Therefore, some increases are suggested at levels higher than 2%. Overall, city full-time salary increases were 1.4%. This is outstanding given that salaries & benefits make up 52% of the tota12008 projected budget. She noted that there will be a reduction of 15 positions in 2008, which approximates $500,000 plus benefits in reduced costs salary reductions 2008 of 15; 2007 25.5; 2006 6; 2005 4; 200411 for a total reduction of 61.5. Ms. Fanello stated that health insurance increases in department budgets totaled less than 2%. This means that while claims cost is still increasing with the market, it is increasing at a decreasing rate. Claims are projected to trend 15% to 17% higher than in 2007. There will be a premium increase for employees ranging from 10-18%. She noted that with Anthem discounts have totaled $470,000 higher than last year (thru June 07) Employees are paying a larger share than in previous years - Employees 15% and the City 85%. She noted that restructuring our plans has proven to be beneficial so far in containing health insurance plan increases. Ms. Fanello noted that fuel costs are budgeted at $2.90 per gallon compared to the $2.50 in 2007, which equates to a 16% increase in fuel costs or $300,000. She noted that PERF employer share for non police and fire employees rose from 5.5% to 6.0% or $145,000. PERF for active Police and Fire remains at 21% but the budget increased by $163,935 for Police and $72,961 for Fire. City Pension costs for Police and Fire retirees rose $1.3 million compared to 2007. This is due to the large number of retirees in 2007. Total Pension cost increases $1.7 million. She noted that although, pension transfers were not needed in 2008 due to the reimbursement by the State of 50% drop funds, both funds will need cash transfers in 2009. This must be taken into consideration when the circuit breaker hits in 2010. Debt payments in 2008 and projected bond payments of $20.9 million, excluding TIF bonds compared to 2007 projected payments of $17.1 million. Ms. Fanello noted that one major bond to be issued in 2008 Sewer is not reflected in above total. Other possible debt is leases for vehicles and a potential new animal shelter. Ms. Fanello stated in closing this budget is a responsible budget that has tried to balance future property tax decreases while trying to retain quality personnel to provide the same level of services demanded by those paying property taxes. Councilmember Varner stated that when residents ask him why city tax bill are so high, he points out that only a portion of the tax bill goes to the city. Mayor Luecke advised that for South Bend residents, about 40 percent of the tax bill goes to the city, with the school corporation as the next highest taxing unit. He said the county, airport, Transpo, library and redevelopment also receive property tax revenues. The Mayor noted that the tax rate has declined 3.4 percent this year, but we don't what the school taxes or the county taxes are going to be. So the overall tax rate for our residents and businesses could still go up despite the good work that we've done to reduce the tax rate. 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 these bills, Councilmember Dieter made a motion to continue these until the September 24, 2007 meeting of the Council in the Council Portion Only. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING SEPTEMBER 10, 2007 BILL N0.58-07 PUBLIC HEARING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAININGEMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2008 Councilmember Dieter made a motion to continue this bill until the September 24, 2007 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL N0.59-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $120,000.00 FROM LEAF COLLECTION AND REMOVAL FUND N0.655 FOR THE DISPOSAL COSTS OF PLASTIC BAG SCREENING FROM YARD WASTE MATERIALS Councilmember Kuspa, Chairperson, Utilities Committee, reported that this committee held a Public Hearing this afternoon and sends it to the Council with a favorable recommendation. Mr. John J. Dillon, PhD, Director, Division of Environmental Services, 3113 Riverside Dr, South Bend, Indiana, made the presentation for this bill. Mr. Dillon advised that to serve the citizens, the City of South Bend regularly collects leaves and other yard waste from city residents (Project RELEAF) most of which are gathered by residents in plastic bags. It is necessary to screen the plastic bags from the leaf materials and to dispose separately of the plastic bags. The cost of this plastic bag screening and disposal process in 2007 is $120,000.00. The attached ordinance appropriates the funds for this cost from Leaf Collection and Removal Fund $655 for the separation and disposal process. 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 these bills, Councilmember Kuspa made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING ATTEST: SEPTEMBER 10, 2007 ATTEST: John Voorde, City Clerk Karen L. White, 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 8:02 p.m. Council President Tim Rouse presided with eight (8) members present. BILLS -THIRD READING ORDINANCE N0.9782-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF NOTRE DAME AVENUE & SORIN STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT N0.4, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as amended. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE N0.9783-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE: AMENDING ARTICLE 3 COMMERCIALIMIXED USE DISTRICTS, TO ADD RELIGIOUS USES AND PUBLIC LIBRARIES IN ALL DISTRICTS, TO ALLOW MINI (SELF STORAGE) WAREHOUSES WITHOUT OUTDOOR STORAGE AS A PERMITTED USE AND WITH OUTDOOR STORAGE AS A SPECIAL EXCEPTION USE IN THE GB GENERAL BUSINESS DISTRICT; AMENDING ARTICLE 4 INDUSTRIAL DISTRICTS TO ADD CERTAIN FOOD SALES AND SERVICE USES, MINI (SELF STORAGE) WAREHOUSES AND RELIGIOUS USES TO THE LI LIGHT INDUSTRIAL DISTRICT, TO ADD MINI (SELF STORAGE) WAREHOUSES AND RELIGIOUS USES TO THE GI GENERAL INDUSTRIAL DISTRICT; AMENDING ARTICLE 7 GENERAL REGULATIONS TO REVISE THE HEIGHT OF 10 REGULAR MEETING SEPTEMBER 10, 2007 MONUMENT SIGNS, TO PROVIDE FOR A MAXIMUM HEIGHT TO PARKING AREA SCREENING, TO REVISE THE REQUIRED NUMBER OF PARKING SPACES FOR TWO- FAMILYAND MULTI-FAMILY RESIDENCES AND RESTAURANTS; AMENDING ARTICLE 11 DEFINITIONS TO ADD A DEFINITION FOR MINI (SELF STORAGE) WAREHOUSE, TO REVISE THE DEFINITION FOR WAREHOUSE, AND TO DELETE THE DEFINITION FOR STORAGE AND TRANSFER ESTABLISHMENT This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE N0.9784-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $120,000.00 FROM LEAF COLLECTION AND REMOVAL FUND N0.655 FOR THE DISPOSAL COSTS OF PLASTIC BAG SCREENING FROM YARD WASTE MATERIALS This bill had third reading. Councilmember White 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. uF~nr .T1T1nN~ RESOLUTION N0.3783-07 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 4102 W. WESTERN AVE., 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 sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to LC. 36-7-4-918.6; 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. 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: 4102 W. Western Ave. 11 REGULAR MEETING SEPTEMBER 10, 2007 South Bend, IN 46619 In order to permit Automobile Sales in a "CB"District 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 proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kuspa, Vice-Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with no recommendation. Mr. Don Fozo, C.B.O. Building Commissioner, 125 5. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Fozo advised that the petitioners are seeking a special exception to allow automobile sales in a "CB" Community Business District. Mr. Fozo stated that the Board of Zoning Appeals held a public hearing on August 16, 2007 and sends it to the Common Council with a favorable recommendation. Mrs. Karen Paredes, 2722 N. 350 East, Rolling Prairie, Indiana, made the presentation for this bill. Mrs. Paredes stated that she and her husband Rafael are seeking a special exception to allow automobile sales in a "CB"District. She stated that the previous owners used the property for just auto repair. She noted that they are continuing to use it as a repair shop, but sometimes on occasion would like to sell some of the cars that they have repaired. Mrs. Paredes stated that currently they just sell a care here or there once in awhile on the front lawn of their home and figured with the high traffic in front of the business that it would be a good idea. Mr. Paredes stated that he does not intend for it to be just car sales and that there would not be a lot of cars sitting around collecting dust. 12 REGULAR MEETING SEPTEMBER 10, 2007 Councilmember'sffeifer and White expressed their concern that Western Avenue is one of the corridors to the City of South Bend and feel that there are enough car sales on that stretch of Western Ave. They stated that they believe that Mr. & Mrs. Peredes are good people and have faith that they will hold up their end of the special exception. However, there concern is if the Peredes sell the property and that the special exception continues to apply to the new owners who might in turn do something undesirable with the property. Councilmember'sffeifer and White stated that they will not be voting in favor of this Resolution. 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 Puzzello seconded the motion which carried and the Resolution was adopted by a roll call vote of six ayes and two nays (Councilmember's, Pfeifer, White.) RESOLUTION N0.3784-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 220 WEST COLFAX AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COLFAX PLACE ASSOCIATES 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 220 West Colfax Avenue, South Bend, Indiana, and which is more particularly described as follows: PARCEL I: Lots Numbered One (1), Two (2), Seven (7), Eight (8) and the East one- third (113) of Lot Numbered Four (4) as shown on the recorded Plat of J.C. Knoblock's Subdivision of Lots Numbered Two Hundred Forty-five (245) and Two Hundred Forty-six (246) in the Original Plat of the Town, now City of South Bend, Indiana, recorded February 26, 1901 in the Office of the Recorder of St. Joseph County, Indiana. EXCEPTING from said Lot Numbered Two (2) the following: A strip of land bounded by a line described as beginning at the Northwest corner of Lot Two (2) in Knoblock's Subdivision of Lots Two Hundred Forty-five (245) and Two Hundred Forty-six (246) in the Original Plat of South Bend, Indiana; thence running Easterly on the North line of said Lot Two (2) a distance of 31.65 feet to a point that is 0.50 feet East of the East end of the existing Party Wall; thence South a distance of 1.25 feet; thence Westerly parallel with the North line of said Lot Two (2) to a point on the West line thereof. said point being 1.25 feet South of the point of beginning; thence North on the West line of Lot Two (2) along the West end of said Party Wall to the place of beginning; said exception being the real estate described in that certain Quit-Claim Deed dated March 21, 1986, and recorded as Instrument 8606081 in the Office of the Recorder of St. Joseph County, Indiana. 13 REGULAR MEETING SEPTEMBER 10, 2007 PARCEL II: Also, Lot Numbered Two Hundred Forty-four (244) and the East 60 feet of Lots Numbered Two Hundred Forty-five (245) and Two Hundred Forty-six (246) as shown on the Original Plat of the Town, now City of South Bend, Indiana. PARCEL III: (Designated as a Private Alley) Lot Lettered "A" as shown on the recorded Plat of J.C. Knoblock's Subdivision of Lots Two Hundred Forty-five (245) and Two Hundred Forty-six (246) in. the Original Plat of the Town, now City of South Bend, recorded February 26, 1901 in Plat Book 8, page 15 in the Office of the Recorder of St. Joseph County, Indiana, said alley being Ten (10) feet in width, East and West, and Fifty (50) feet in length, North and South, being adjacent to and East of Lots One (1), Two (2) and the South Nine (9.00) feet of Lot Three (3) in said J.C. Knoblock's Subdivision of said Lots Numbered Two Hundred Forty-five (245) and Two Hundred Forty-six. (246). and this property has Tax Key Numbers 18-1012-0471; 0473; 0474 and 0475 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1- 12.1 et se ., and South Bend Municipal Code Sections 2-76 et se ., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for 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 se ., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: or 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; 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 14 REGULAR MEETING SEPTEMBER 10, 2007 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 not exceed ten percent (10%) of jurisdiction. designated under this subsection) will the total area within the Council's 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 se . 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. slTimothy A. Rouse Member of the Common Council Ms. Nanette Tepe, Holladay Property, 227 S. Main Street, Suite 300, South Bend, Indiana, made the presentation for the Resolution. Ms. Tepe advised that Colfax Place Associates intends to convert a 28,059 square foot office building to condominiums. 24,783 square feet will be used for the condominiums (2nd through the 7th floors.) A maximum of twelve (12) units will be constructed. 3,276 square feet will be used for commercial space. The condos will range in size from 1544 square feet to 3800 square feet. They will be used for commercial space. They will contain from two to three or more bedrooms, depending on buyer's preference, and two to three bathrooms with a living room and kitchen. On site parking will be provided. The price of the condos will range from $259,000 fora 1544 square foot unit on the second floor to $850,000 fora 3800 square foot unit on the top floor of the building. The total cost of the project is estimated at $4,100,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 15 REGULAR MEETING SEPTEMBER 10, 2007 BILL N0.07-113 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3722 FOUNDATION COURT AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR IMAGINEERING ENTERPRISES, INC. BILL N0.07-114 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2500 GREEN TECH DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN-YEAR REAL PROPERTY TAX ABATEMENT FOR MOTHER EARTH, LLC (GREEN TECH TRANSFER & RECYCLING LLC) BILL N0.07-115 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2500 GREEN TECH DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GREEN TECH TRANSFER & RECYCLING LLC BILL N0.07-80 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 202 SOUTH MICHIGAN STREET FLOORS 1,2,4,5,9 AND 11 TO 14 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE-YEAR REAL PROPERTY TAX ABATEMENT FOR KEY SB, LLC, THE HINMAN COMPANY BILL N0.07-102 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5855 CARBONMILL DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR GWSB PROPERTIES LLC 16 REGULAR MEETING SEPTEMBER 10, 2007 BILL N0.07-104 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 840 UNITED DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR PROPERTY TAX ABATEMENT FOR NELSON DEE, LLC BILL N0.07-105 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 TUCKER DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC BILL N0.07-106 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 RIVERSIDE DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC BILL N0.07-107 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1217 AND 1215 SOUTH WALNUT STREET, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC Councilmember Varner made a motion to continue these bills until the September 24, 2007 meeting of the Council at the request of the Community & Economic Development Department due to the petitioners being unable to submit the required Memorandums of Agreements (MOA's) before the September 10, 2007, meeting that are required as a condition precedent to consideration of the resolutions. The City is revising the format of the MOA's and will not have the MOA's ready in time for the petitioners to act on them. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. 17 REGULAR MEETING SEPTEMBER 10, 2007 BILL N0.07-112 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 A VACANT LOT ADJACENT TO1239 CAMPEAU STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY Councilmember Puzzello made a motion to strike this bill at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION N0.3785-07 A RESOLUTION OF THE COMMON COUNCIL OF CITY OF SOUTH BEND DESIGNATING CERTAIN WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 219, 222, 224, 228, 231 SOUTH NOTRE DAME AVENUE AND 827 EAST WAYNE STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 219, 222, 224,228,231 South Notre Dame Avenue and 827 East Wayne Street, South Bend, Indiana, and which is more particularly described as follows: Parcel I: A lot or parcel of land described as follows: Commencing at the southeast corner of Lot three hundred thirty four (334) in Samuel L. Cottrell's first addition to the town of Lowell, now a part of the city of South Bend, thence running west on the south line of said lot, 821/2 feet: thence north 33 feet; thence east 821/ feet to the east line of said lot, thence south 33 feet to the place of beginning. (Tax ID #18-6003-0074) Also the east ~/2 of the lot numbered three hundred thirty-five (335) in Samuel L. Cottrell's first addition to the town of Lowell, now a part of the city of South Bend, recorded May 4, 1860 in the office of the recorder of St. Joseph County, Indiana, in Plat Book 1, Page 49. (Tax ID # 18-6003-0075) Parcel II: The south half (112) of lot numbered three hundred thirty three (333) as shown on the recorded plat of Samuel L. Cottrell' s first addition to the town of Lowell, now city of South Bend, Indiana (Tax ID # 18-6003-0070) Parcel III: The north half of lot numbered three hundred thirty four (334) as shown on the recorded plat of Samuel L. Cottrell's addition, also known as Samuel L. Cottrell's First addition , to the town of Lowell, now a part of the City of South Bend, in St. Joseph County, Indiana (Tax ID # 18-6003-0071). Parcel IV: The north half of lot numbered five as shown on the recorded plat of Adam Barman's subdivision of large lot numbered twenty-one in Samuel L. Cottrell's First addition to the town of Lowell, now a part of the City of South Bend (Tax ID # 18-6007-0172). 18 REGULAR MEETING SEPTEMBER 10, 2007 Parcel V: The south half of lot numbered four (4) in Adam Barman's subdivision of large lot numbered twenty-one in Samuel L. Cottrell's first addition to the town of Lowell, now a part of the City of South Bend, excepting there from a lot or parcel of land 421/Z feet in width, east and west, taken off of and from the entire width of the east and thereof. (Tax ID # 18-6007-0170). Parcel VI: Part of lot numbered four (4) as shown on the recorded plat of Adam Barman's subdivision of large lot numbered twenty-one in Samuel L. Cottrell's first addition to the town of Lowell, now a part of the city of South Bend, in St. Joseph County, Indiana, described as beginning at the northwest corner of said lot numbered 4; running thence east 122.5 feet; thence south 33 feet; thence west 122.5 feet; thence south 33 feet; thence west 122.5 feet to the east line of Notre Dame Avenue in the city of South Bend ;thence north along the east line of Notre Dame Avenue, 33 feet to the place of beginning. (Tax ID # 18-6007-0169). Parcel VII: A lot or parcel of land forty two and one half (421/2) feet in width, east and west, taken off and from the entire width of the east end of lot numbered four (4) as shown on the recorded plat of Adam Barman's subdivision of large lot numbered twenty-one (21) in Samuel L. Cottrell's first addition to the town of Lowell, now a part of the city of South Bend, (Tax ID # 18-6007-0171). Parcel VIII: The north one half of lot numbered three hundred thirty three (333) as shown on the recorded plat of Samuel L. Cottrell's addition to the town of Lowell, now within and part of the city of South Bend, together with the south one half of the vacated alley lying north and adjacent to said lot numbered three hundred thirty three (333). (Tax ID # 18-6003- 0069). and this property has Tax Key Numbers as shown above, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et se ., and South Bend Municipal Code Sections 2-76 et se ., 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 sec ., and South Bend Municipal Code Sections 2-76, et sec ., 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 fords 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 se ., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or 19 REGULAR MEETING SEPTEMBER 10, 2007 B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1- 25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. 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. 20 REGULAR MEETING SEPTEMBER 10, 2007 SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. slTimothy A. Rouse Member of the Common Council Councilmember Dieter, Chairperson, Community and Economic Development Committee reported that this committee held a Public Hearing on this bill this a~ernoon and gave it due diligence by hearing the pros and cons and voted to send it to the full Council with a favorable recommendation. Mr. Derek Spier, AICP, Abonmarch Consultatnts, LLC, 750 Lincolnway East, South Bend, Indiana, made the presentation on behalf of the owner Kendall-Weiss, LLP. Mr. Spier advised that Kendall-Weiss intends to construct six (6) new, single-family homes on approximately 0.96 acres of land. The homes will consist of approximately 1,800 square feet and will include three bedrooms, a basement, and an attached two car garage. The average cost of the homes will be approximately $175,000. There will be possible infrastructure improvements that will consist of new curbs and sidewalks, replacement of water service taps, and asphalt resurfacing of the alleys. Mr. Gary Gilot, Director, Public Works, 13th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, spoke in favor of this bill. Mr. Gilot advised that the Council heard earlier in Committee from Jeff Gibney, Interim Director, Community & Economic Development that this is the kind of housing project that they are encouraging in the City and welcome this housing development. Mr. Gilot stated there will be infrastructure assistance from the Public Works Department. There is the long standing good neighbors program to help with 50% of the cost of curbs and sidewalks. In this instance Mr. Gilot stated that this project is an example of smart growth for their utilities. So some of the money that has been earmarked for extensions and replacements of water and sewer lines that otherwise would grow out into the unincorporated area under smart growth they would rather densify this inner-city neighbor with some new housing product that people want. Mr. Gilot noted that they use the extension and replacement money to replace old lead service lines or old lateral lines to the sewer that might not be in great condition. So it takes some of the risk away from the home builder to use an old lot in the city without having to worry about how much money they are going to have to spend for that service line that is out under the street. They have offered up to $5,000.00 infrastructure assistance for the service line and lateral within the public right of way for each of these six (6) homes or a maximum of $30,000.00 assistance for that infrastructure. The alley work will be done with private capital. Councilmember Dieter asked Mr. Gilot with the $5,000.00 that the City is giving each homeowner what would the total cost be to move the line for each home? Mr. Gilot advised that it could easily be that much or more if you run into a deep line under a public road and having to replace the curb, it depends on what they run into, so this is the right amount of money for the first few risk takers doing infill housing in the City, and to get some incentive from the administration to help with this infrastructure risk factor. This could be 50 to 100% of the cost. Mr. Gilot stated that they will learn as they go with the first few of these, eventually when the pump is primed and there is a lot of this kind a infill housing product going on the risk will be lower because the knowledge base will be greater. Councilmember Puzzello asked Mr. Gilot if the City has tried a project like this before in the Northeast Neighborhood? 21 REGULAR MEETING SEPTEMBER 10, 2007 Mr. Gilot stated that this kind of project has not been done before and Mayor Luecke has asked his department to be a little more creative on helping to build homes in the City. Mr. Gilot noted as the Council is well aware there is a lot of vacant abandoned housing in the City that will be torn down and the goal is to build back these neighborhoods so as they see housing products that match the strategy that Mr. Gibney is spearheading, he stated that his department is supposed to come in with public works infrastructure support as appropriate at the direction of the Mayor. Council President Rouse stated to make it perfectly clear that not only has this kind of project not been done on the northeast side, it has not been done anywhere. He stated that this is a brand new paradigm. Councilmember White stated that she is concerned that any time you have major development it brings other development with it as well and are very appreciative of that. But when you begin to look at the city as a whole, there are some districts that need much more. Hopefully, the city would not put all of their resources into just one area. She wanted to make sure that the resources are available to all districts. Mr. Gilot reiterated that this project is available to the entire city where a few homes are being built in a cluster on existing water and sewer lines, so that they can deal with those old lateral and services lines. In a major new development like Eddy Street Commons is going to have mostly all new water and sewer lines. This project would not work for a major development, but for a small cluster of infill housing this kind of development would work. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION N0.3786-07 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 VACANT LAND IN THE AIRPORT COMMONLY KNOWN AS VACANT LAND IN THE AIRPORT ECONOMIC DEVELOPMENT AREA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR OLIVE CLEVELAND PARTNERSLLC 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 vacant land in the Airport Economic Development area, South Bend, Indiana, and which is more particularly described as follows: Kidders Olive Road Minor Subdivision Lot 2 and which has Key Number 25-1011-018601 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec ., and; 22 REGULAR MEETING SEPTEMBER 10, 2007 WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et sec ., for tax abatement. SECTION II. The Common Council hereby determines and fmds 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. 23 REGULAR MEETING SEPTEMBER 10, 2007 SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of seven years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. slTimothy A. Rouse Member of the Common Council Councilmember Dieter, Chairperson, Community and Economic Development Committee reported that this committee held a Public Hearing on this bill this a~ernoon and gave it due diligence to a new 1st District Business by hearing the pros and cons and voted to send it to the full Council with a favorable recommendation. Ms. Jamie Wade, CB Richard Ellis, as agent for Olive Cleveland Partners, LLC, 202 S. Michigan Street, Suite 200 South Bend, Indiana, made the presentation for this bill. Ms. Wade stated that Olive Cleveland Partners plans on constructing a 104,000 square foot or a 208,000 square foot Class A warehouseldistribution center in the Airport Economic Development area. The new warehouse will facilitate the relocation and expansion of Invacare Corporation from 48,000 square feet in 3507 Olive to 64,000 square feet in the new building. Hilti, Inc., a current tenant in 3507 Olive Road, will expand into 8,000 square feet of the old Invacare space. Prospective tenant DHL may occupy 50,000 to 60,000 square feet in the new warehouse and plans to double its workforce, bringing 4 new employees to this area. The warehouse will of modern bulk space design with a clear height of 32 feet which is a new product for the South Bend market. The project will be carried out in two phases. In each phase, 104,000 square feet of space will be constructed. Timing for the construction of the second phase will depend on market conditions. Olive Cleveland Partners is a local investor developer who is purchasing in Phase I and Phase II, from a west coast investment group so it is bringing the ownership local which is a good thing for South Bend. Ms. Wade noted that the developer saw this project as a positive investment due to the increase in demand for the modern bulk space. Modern bulk warehouse structures typically consist of 100,000 square feet or more with clear heights of 30' or more, warehouse distribution operations need more space to house high inventory levels which is resulting in need for larger facility with greater clear heights and larger bays and also the locations near major transportation hubs such as the South Bend Regional Airport and the Toll Road. They have found in their research in industrial market studies that modern bulk spaces dominating new industrial construction nationally and this being a new product to the South Bend area along with the development of Portage Prairie will hopefully bring Chicago businesses eastward, so that they can have some results with some spin-off development in the future from these businesses. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS -FIRST READING 24 REGULAR MEETING SEPTEMBER 10, 2007 BILL N0.60-07 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY, THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF DALE STREET, FROM DAYTON STREET OT THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 153.5 FEET AND A WIDTH OF 14 FEET This bill had first reading. Councilmember Puzzello 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 September 24, 2007. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL N0.61-07 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1905 COLLEGE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on October 8, 2007. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. SUSPENSION OF THE RULES TO ADD BILL N0.62-07 Council President Rouse requested that the Council take special action with respect to Bill No. 62-07 to have first reading and set this bill for Public Hearing on September 24 and refer to the Personnel & Finance Committee. Councilmember Dieter made a motion to suspend the rules for the purpose of first reading and set this bill for Public Hearing on September 24, 2007 and refer to the Personnel & Finance Committee. Councilmember Pfeifer seconded the motion which carried by a roll call vote of eight (8) ayes. BILL N0.62-07 FIRST READING ON A BILL FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2008 This bill had first Reading Councilmember Puzzello made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing on September 24, 2007. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS BILL N0.47-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW SECTION 2-60 CREATING A POLICE PROMOTION PANEL Councilmember White made a motion to reset this bill to October 22, 2007 for Public Hearing and Third Reading and send to the Health and Public Safety Committee. Councilmember White also advised that the Health and Public Safety Committee will hold a meeting to discuss Bill No. 47-07 on October 3, 2007 at 3:00 p.m. in the Council Informal Meeting Room, located on the 4th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. 25 REGULAR MEETING NFW RT TCTNFCC SEPTEMBER 10, 2007 Kathleen Cekanski-Farrand stated that the South Bend Common Council is still seeking a member for the Animal Control Commission. Council attorney Kathy Cekanski-Farrand said the council didn't receive any applicants who met the criteria required under city ordinance to be part of the commission. The council seeks a member who is "an owner, operator, or employee of a kennel, cattery, zoological park or commercial animal establishment." Applications are available in the city clerk's office on the fourth floor of the County-City Building, and the deadline to apply is Sept. 24, 2007. Councilmember White advised that the Youth Advisory Council (YAC) will meet on Wednesday, September 19, 2007 at 5:00 p.m., on the 4th Floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, in the Council Informal Meeting Room. Council President Timothy Rouse announced that Mr. Emil "Lucky" Resznik, has been reappointed to the South Bend Public Transportation Corporation Board of Directors. Councilmember Roland "Randy" Kelly announced that Mr. Norman Crowe has been appointed the Architectural Review Board. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. ANNOUNCEMENT OF NEXT MEETING DATE Council President Timothy Rouse announced that the next meeting of the Common Council will be a Special Meeting for the sole purpose of hearing Bill No. 44-07, Regulations Addressing Special Events in Residentially Zoned Areas, to be held on Monday, September 17, 2007 at 6:00 p.m. Councilmember Roland "Randy" Kelly, Chairperson, Community Relations Committee stated that he will hold a committee meeting on Monday, September 17, 2007 at 5:00 p.m. to discuss Bill No. 44-07, Regulations Addressing Special Events in Residentially Zoned Areas. All T(1T TRNMFNT There being no further business to come before the Council, President Rouse adjourned the meeting at 8:55 p.m. ATTEST: ATTEST: John Voorde, City Clerk Timothy A. Rouse, President 26