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HomeMy WebLinkAbout10-27-08 Common Council Minutes REGULAR MEETING OCTOBER 27, 2008 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, October 27, 2008 at 7:00 p.m. The meeting was called to order by Council President Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District, Chairperson Committee of the Whole Henry Davis, Jr. 2nd District Thomas LaFountain 3rd District Ann Puzzello 4th District David Varner 5th District Oliver Davis 6th District Vice-President Timothy Rouse At-Large President Al “Buddy” Kirsits At-Large Absent: Karen L. White At-Large OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the September 22, 2008, meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember Puzzello made a motion that the minutes of the September 22, 2008 meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 3911-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING TANIA L. HARMAN OF THE WARREN PRIMARY CENTER FOR BEING SELECTED THE 2009 INDIANA TEACHER OF THE YEAR Whereas, the South Bend Common Council is especially proud to recognizeTania L. Harman, for being selected as the 2008 Teacher of the Year by the South Bend Community School Corporation on April 15, 2008; and 1 REGULAR MEETING OCTOBER 27, 2008 Whereas, Tania L. Harman is a bilingual grade one and two teacher at Warren th Primary Center; is in her 20 year of teaching in the South Bend Community School Corporation, having previously taught at Kennedy, Monroe, Lafayette and Wilson before coming to Warren Primary Center; and Whereas, the South Bend Common Council notes that the Indiana Department of Education annually conducts an Indiana Teacher of the Year Program which honors the “outstanding classroom teacher across the state” who is “exceptionally dedicated, knowledgeable, and skilled”; who inspires students of all backgrounds and abilities to learn; has the respect and admiration of students, parents, and colleagues; plays an active and useful role in the community as well as in the school; and is “poised, articulate, and possesses the energy to withstand a taxing schedule”; and Whereas, on September 22, 2008, Indiana Superintendent of Public Instruction Dr. Suellen Reed, named Tania L. Harman the 2009 Indiana Teacher of the Year from the 63 public and nonpublic educators who were nominated by local school superintendents from across the state of Indiana for this coveted honor, and Tania L. Harmanwill be th honored at a dinner at the Hilton Indianapolis North on November 5; and Whereas, the South Bend Common Council believes that Tania L. Harman truly represents education excellence at its best with Tania L. Harman being known for adjusting her teaching style to meet the needs of each of her students, and especially those who are unfamiliar with the English language. Ms. Harman noted that: “They came to this country seeking a better way of life, and I hold the key to that door …Knowing my students is a powerful way to get to the heart of a lesson for each individual”. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the , Common Council hereby publicly commends and congratulates Tania L. Harmana bilingual grade one and two teacher atWarren Primary Centerfor being named the 2009 Indiana Teacher of the Year by the Indiana Superintendent of Public Instruction, which is the highest of all teaching honors in the State of Indiana. Section II The Council wishes Tania L. Harmancontinued success as an outstanding teacher in the South Bend Community School Corporation, and hopes that she will continue to add to her many honors the 2009 National Teacher of the Year Award which will be announced in April of 2009 in Washington, D.C. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain , 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney nd Attest: Adopted this 27 day of October, 2008 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Ann Puzzello, 1247 E. LaSalle, South Bend, Indiana, made the presentation for this Resolution by first offering her comments and then reading the Resolution in its entirety and presenting it to Ms. Harman. 2 REGULAR MEETING OCTOBER 27, 2008 A Public Hearing was held on the Resolution at this time. Melissa Machowiak, 56830 Elmer, South Bend, Indiana, spoke in favor of this Resolution. She thanks Ms. Harman for her continued dedication to the children of the South Bend Community. Ms. Machowiak noted that she is a crossing guard. Ms. Carla Killelea, 17962 Sundrop Ct., Granger, Indiana, spoke in favor of this Resolution. She stated that she is the Principal at Warren Primary Center and is very proud to have Tania Harman as a teacher. She applauded her teaching style to meet the needs of each of her students especially those who are unfamiliar with the English language. Ms. Kathleen Miller, no address given, stated that she is honored to work with Tania at Warren Primary Center. She stated that Tania is an outstanding classroom teacher who is exceptionally dedicated, knowledgeable, and skilled; and who inspires students and teachers. Tania Harman thanked the Council for this honor. She stated that her students came to this country seeking a better way of life, and she holds the key to that door and knowing those students is a powerful way to get to the heart of a lesson for each individual. There was no one else present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Puzzello made a motion to adopt this Resolution by acclamation. Councilmember Oliver Davis seconded the motion which carried. RESOLUTION NO. 3912-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING SKYLAR DIGGINS OF WASHINGTON HIGH SCHOOL FOR HER MANY ACADEMIC TALENTS AND FOR BEING SELECTED THE NATION’S NO 1 POINT GUARD IN THE 2009 CLASS Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that Skylar Diggins, a senior at Washington High School, who has a 3.87 GPA; is a member of the National Honor Society; is ranked in the top ten (10) in her high school class; and volunteers with youth groups at the Martin Luther King Recreation Center; and Whereas, the Common Council recognizes that Skylar Diggins is ranked No. 1 in the nation in the 2009 class by ESPN HoopGurlz, and as a point guard for the South Bend Washington Lady Panthers Basketball Team is known as “one of the most savvy players on the court…and an incredible competitor..”, and Whereas, Skylar Diggins stands 5’9” and “…being left handed really gives defenses fits”, & as a proficient 3-point shooter has excellent range a few feet behind the arc, along with her pull-up jumper. Skylar was named to the AP All-State Girls Basketball Team for the 2007-2008 season; as a sophomore in 2006 played in the City Securities Hall of Fame Classic & was named to the AAU National All-American Team; and Whereas, Skylar Diggins was named the “Burger King Outstanding Student Athlete of the Week” in February of this year; and was named the 2008 Gatorade Indiana Girls Basketball Player of the Year which recognizes “outstanding athletic excellence as well as academic achievement and exemplary character: with Skylar leading the Lady 3 REGULAR MEETING OCTOBER 27, 2008 rd Panthers to a 23-3 record and led the team to their 3 state title championship game this past basketball season, where she average a state-best 29.5 points per game; and Whereas, Skylar Diggins was selected to be a member of the 2008 USA Basketball Women’s U18 National Team, a 12-member squad chosen after three days of trials at the U.S. Olympic Training Center in Colorado Springs, and competed in the FIBA Americas U18 Championship for Women in July in Buenos Aires; and was also strd selected as a Parade 1 team and USA Today 3 team All-American this year. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates Skylar Diggins, a Washington High School Senior for the many honors which she has earned in the classroom and on the basketball court, and as her former Coach Marilyn Coddens stated, Skylar is “so versatile, with an inside and outside game. She is so knowledgeable and unselfish…and off the court she is a teacher’s dream.” Section II. The Common Council wishes Skylar Diggins continued success as an outstanding academic student, as a gifted team leader of the South Bend Washington Lady Panthers Basketball Team this season, and wishes her and her family the very best as she is recruited by almost every major collegiate program in the nation. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain , 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney nd Attest: Adopted this 27 day of October, 2008 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Marilyn Coddens, Athletic Director, Washington High School, 61089 Fellows, South Bend, Indiana, spoke in favor of this Resolution. She stated that it was truly a privilege to coach Skylar who now is being coached by her stepfather Maurice Scott. She stated that Skylar is an incredible competitor and one of the most versatile players on the court. She wished Skylar all the best in the years to come and will miss her greatly. Renee Scott, 1216 W. Colfax Avenue, South Bend, Indiana, stated that she is Skylar’s mother. Ms. Scott thanked the Council for this honor. Howard Buchanon, South Bend Fire Chief, 217 Swanson Circle, South Bend, Indiana, spoke in favor of this Resolution. He stated that Skylar is an outstanding individual as well as a talented athlete and student. Skylar Diggins thanked the Council for this honor of athletics as well as academics. She thanked Coach Coddens and her family for all their support. She stated that it was an honor and a privilege to be acknowledged with Leroy Dickson on the billboard. She stated that with hard work and dedication she would like to compete next year in Thailand. 4 REGULAR MEETING OCTOBER 27, 2008 There was no one else present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Oliver Davis made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLUTION NO. 3913-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP, STADIUM PLACE ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 0.95 acres of land, containing one single family structure, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 45.2% contiguous, generally located on the east side of Burdette Street just north (roughly 185 feet) of the intersection with Vaness Street. It is anticipated that the annexation area will be developed for a residential planned unit development (PUD) with 36 to 45 residents, to zone as such. This development will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non- capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non- capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Clay Township, St. 5 REGULAR MEETING OCTOBER 27, 2008 Joseph County, Indiana be annexed to the City of South Bend: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT THAT IS NORTH 184.64 FEET MORE OR LESS FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET AND THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF- WAY LINE, 82.85 FEET MORE OR LESS; THENCE WEST, 60.00 FEET MORE OR LESS, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID BURDETTE STREET; THENCE NORTH ALONG SAID RIGHT-OF-WAY LINE, 46.70 FEET MORE OR LESS; THENCE EAST, 356.00 FEET MORE OR LESS; THENCE SOUTH, 129.80 FEET; THENCE WEST, 296.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 0.95 ACRES MORE OR LESS. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. The South Bend Common Council shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit “A”, and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area, with fees for prior main line extensions due upon application for a tap permit, and any needed sewer or water extensions to the project site or improvements in sewer or water capacity to be paid for by the developer; that street lighting and parking will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Section IV. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of rezoning and annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. In this regard, the annexation and rezoning is subject to the following conditions: 1) vehicular access to Burdette Street on the west side of hotel/condo site should be eliminated and a vehicular access created along Vaness Street. 2) the elimination of gates and other devices that restrict access to the developments in order to create a gated community. 3) the installation of public infrastructure along the appropriate frontage of each site, including standardizing the width of Vaness Street according to City standards. 6 REGULAR MEETING OCTOBER 27, 2008 It is required that the annexation area integrate harmoniously with the surrounding residential areas. It should also be required that neo-traditional building/site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality per the South Bend zoning ordinance standards. Building plans and other information to satisfy all requirements imposed in this Resolution must be submitted by the developer to the City as part of the development review process. Failure to comply with all the conditions may result in the City’s repeal of annexation. Section V. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee met this afternoon on this bill and due to the lack of a quorum sends it to the Council with no recommendation. th Mr. Jeff Vitton, Planner, Community and Economic Development, 12 Floor County- City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this Resolution. Mr. Vitton stated that the annexation area is generally located on the east side Burdette Street just north roughly 185 feet of the intersection with Vaness Street. The Annexation Area is 0.95 acres in area. The site currently contains one single-family structure and a vacant lot. The land is slated to be used for a residential planned united development with 36 to 45 residents. The site is zoned “R” Residential in unincorporated St. Joseph County. It is proposed to be zoned “PUD” Planned Unit Development upon approval of the City Council and incorporation into the City of South Bend. Currently th two (2) persons reside in the Annexation Area. The Annexation Area will be in the 4 District. The developer of Stadium Place is the same that developed Stadium Village. The ten inch diameter public sewer available to Stadium Village on Willis Street was extended into the development with eight inch diameter pipe. That sewer will be extended further as a public facility into the Stadium Place annexation area. Revenue from customers on this sewer will be sufficient to operate and maintain the facility without burden to other ratepayers. There are 6” mains on Willis and Burdette that loop through Irish Crossings nearby the Annexation Area. A flow test on 8/17/00 indicated a static pressure of 54 p.s.i., a residual pressure of 43 p.s.i., and a flow rate of 1074 g.p.m. The flow should provide adequate capacity for the annexed area but continued development in this area will require installation of a larger diameter main. Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36-9-22-2, I.C. 8- 1.5-3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. The developer of this property will be required to install a street lighting system. Additional revenue to the General Fund from this annexation area will be sufficient to pay for street light operations. No waivers of annexation are in effect for the Annexation Area. No new public streets have been proposed for this development. One small segment of Burdette Street will be annexed. This segment cannot be effectively operated and maintained by the City. As such, this street segment will remain on the St. Joseph County inventory for maintenance until such time as additional annexation occurs. Drainage facilities will be required to be constructed by the developer and meet the latest City of South Bend standards. The Annexation Area would be expected to be added to the already existing BEAT 11.Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. At this time it is not expected that this annexation would cause calls for service to increase significantly and it is not anticipated that it will be necessary to increase police patrols beyond the already existing beat patrol at this time. The area under consideration is not expected to cause any unusual problems. At the present time the cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. However, this area, as well as all other areas of the City, will 7 REGULAR MEETING OCTOBER 27, 2008 continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possibly shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable and consistent with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation and coordination of the conversion of the 911 emergency phone system for that area. The City provides a fully staffed, full time fire department housed in 12 fire stations strategically located throughout the city. The Annexation Area will be serviced primarily by Station #3, located at 1805 McKinley Avenue, approximately 1.9 miles away. Additional Fire Department units would respond from Fire Station #2 located at 430 Dr. Martin Luther King Drive which is approximately 3.0 miles away and Fire Station #1 at 1222 S. Michigan St, which is approximately 3.7 miles away. Distance from Fire Stations and response times will greatly improve upon the construction of Fire Station #12. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Adequate water supply will be necessary as development takes place. The City, under contract with St. Joseph County, provides emergency medical response to the unincorporated areas of St. Joseph County. Of the seven ambulances currently in service, 3 are dedicated for response to the unincorporated areas. These are Medic Units #10, 11, and 12. The Annexation Area is currently being serviced by Medic #11, located at Fire Station #11 at 3505 N. Bendix. Upon incorporation, the Annexation Area will be serviced by Medic #3, located at Fire Station #2, 430 Dr. Martin Luther King Drive and Medic #2, located at Fire Station #1, 1222 S. Michigan St. Emergency medical response will continue to be provided by the City of South Bend. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. The Annexation Area will be added to Area 4. The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times. The Department will respond to calls for service upon the effective date of the Annexation. Full and dedicated response will be in place within one year of the effective date of the Annexation. Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Industrial, commercial and apartment customers are not served by the Bureau of Solid Waste. The annexation will contain multi-family residential units. These uses will have centralized waste collection locations. A licensed private waste hauler will be required to serve these developments. As single-family, duplex units are constructed, The Division of Environmental Services could service them at the rates noted below. For reference purposes, the following Bureau of Solid Waste rates apply for residential customers effective September 1, 2008: Single family rate: $10.56 per month Senior rate: $ 6.34 per month Duplex rate: $16.56 per month Tri-plex: $22.56 per month Quad: $23.80 per month Recycling fee: $1.97 per month The City of South Bend provides a wide range of services other than those noted above, such as the Mayor’s office, the Legal Department, and the Parks & Recreation. These services are available upon the effective date of the Annexation. Full and dedicated response for non-capital services will be in place within one year of the effective date of the Annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not effect the provision of other services currently provided to this property on a county-wide basis. The St. Joseph County Health Department, the St. Joseph County Public Library, the Area Plan Commission and the St. Joseph County/South Bend Building Department are some of the county-wide agencies and their services that will continue to provide the same type and level of services to the Annexation Area. County-wide services will continue to be supported by the County and Township tax rates that will remain in effect. As with any new development, the 8 REGULAR MEETING OCTOBER 27, 2008 proposed use and development of this site becomes important relative to its relationship with the existing, surrounding uses. City Plan, South Bend’s comprehensive plan, notes that land use relationships, pedestrian movement/safety and vehicular site access are important elements to be addressed in developments of all kinds. City Plan also expresses a need to consider how buildings relate to the street. Building design that is sensitive to massing, shape, scale and finishes will ensure that private development will enhance and reinforce the City’s commitment to development and design of the highest quality. Please note that this development includes land (1. 83 acres) already within the jurisdiction of the City of South Bend, and the total site (including the proposed annexation area) is 2.78 acres. Essential city services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. The City is financially able to support city services to the territory sought to be annexed. Required improvements made by the petitioner and/or owner of the parcels must be made in accordance with the standards of the City of South Bend. Required improvements made by the City will be completed within the time frames provide by State law and this fiscal plan. All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded and projects are closed out. Property tax revenue and land assessment estimates are based on a combination of: 2007 payable 2008 tax rates, taxes paid in previous years by a comparable development, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Property tax revenues based upon full implementation of HEA 1001. Department expenditures and revenues are derived from the City of South Bend Budget. The estimated costs to provide services, noted in Section III, Municipal Services, is a City- wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services will not be required or possibly requested for many years. Hence, the cost of providing services over the first five should be evaluated with this in mind. 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. Councilmember Puzzello made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3914-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP, 54908 IVY ROAD COURT ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 0.78 acres of land, containing one single family structure, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 40.45% contiguous, generally located at 54908 Ivy Road. It is anticipated that the annexation area will be developed for a mixed use project with retail uses on the first floor and residential uses on the second floor. This development will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, street 9 REGULAR MEETING OCTOBER 27, 2008 and road maintenance, street sweeping, flushing, and snow removal, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non- capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non- capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Clay Township, St. Joseph County, Indiana be annexed to the City of South Bend: A PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE NORTHWEST CORNER OF LOT # 9 OF THE RECORDED PLAT OF THE “TOWN OF SCHROEDERSVILLE “, RECORDED JULY 29, 1893 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 6, PAGE 79; THENCE ALONG THE EAST LINE OF LOT # 9 AND LOT # 8 IN SAID PLAT, S. 00°52'09" E., 136.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID LOT # 8; THENCE ALONG THE SOUTH LINE OF SAID LOT # 8 AND ITS EASTERLY EXTENSION, N. 89°07'51" E., 181.15 FEET MORE OR LESS TO A POINT ON THE EAST RIGHT- OF- WAY LINE OF AN EXISTING 14 FT. WIDE PUBLIC ALLEY; THENCE ALONG THE EAST LINE OF SAID ALLEY, S. 00°52'09" E., 81.98 FEET MORE OR LESS; THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF A 14 FT. WIDE PUBLIC ALLEY, S. 89°03'20" W., 251.15 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT- OF- WAY LINE OF IVY ROAD (A.K.A. IVY COURT); THENCE ALONG SAID WEST LINE, N. 00°52'09" W., 81.38 FEET MORE OR LESS, THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 253.00 FEET, MORE OR LESS AND HAVING AN ARC DISTANCE OF 105.08 FEET MORE OR LESS TO THE END OF A CHORD BEARING N. 29°14'35" W. AND HAVING A DISTANCE OF 104.32 FEET MORE OR LESS TO A POINT ON THE EAST LINE OF TWYCKENHAM DRIVE; THENCE ALONG THE EASTERLY EXTENSION OF SAID 10 REGULAR MEETING OCTOBER 27, 2008 RIGHT-OF-WAY LINE, N. 21°11'38" E., 48.71 FEET TO A POINT ON THE NORTH LINE OF LOT # 28 IN SAID PLAT; THENCE ALONG THE NORTH LINE OF SAID LOT AND ITS EASTERLY EXTENSION, N. 89°07'51" E., 101.28 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. The South Bend Common Council shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit “A”, and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area, with fees for prior main line extensions due upon application for a tap permit, and any needed sewer or water extensions to the project site or improvements in sewer or water capacity to be paid for by the developer; that street lighting and parking will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Section IV. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of rezoning and annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. In this regard, it is required that the development include sidewalks built to City standards along the reconfigure Ivy Road (AKA Ivy Court). It is required that the annexation area integrate harmoniously with the surrounding residential areas. It should also be required that neo-traditional building/site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality per the South Bend zoning ordinance standards. In this regard, the development is required to mask residential parking areas to the greatest extent possible through building placement and landscaping. Building plans and other information to satisfy all requirements imposed in this Resolution must be submitted by the developer to the City as part of the development review process. Failure to comply with all the conditions may result in the City’s repeal of annexation. Section V. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council 11 REGULAR MEETING OCTOBER 27, 2008 Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee met this afternoon on this bill and due to the lack of a quorum sends it to the Council with no recommendation. th Mr. Jeff Vitton, Planner, Community and Economic Development, 12 Floor County- City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this Resolution. Mr. Vitton stated that the Annexation Area is generally located at 54908 Ivy Road, which is now commonly referred to as the Ivy Court cul-de-sac and includes a significant amount of right of way considering the size of the annexation area. It should be noted that the right of way that does not have direct frontage to the parcel being annexed abuts property already within the corporate limits of the City. The Annexation Area is at least 1/8 (12.5%) contiguous to the current City limits. The Annexation Area is 0.78 acres in area. The site currently contains one single-family detached structure. Generally speaking, the annexation area is surrounded by the University of Notre Dame and medium to high density uses save for some single family residential structures directly to the north.The site is zoned “R” Residential in unincorporated St. Joseph County. It is proposed to be zoned “SF1” Single Family Residential upon approval of the City Council and incorporation into the City of South Bend. It is anticipated that rezoning to “MU” Mixed Use will be sought in the future. One (1) person currently resides in the Annexation Area. The Annexation Area will be in the 4th District. A twelve inch (12”) diameter public sewer is available on Ivy Road to serve this one lot annexation area. Revenue from customers on this sewer will be sufficient to operate and maintain the facility without burden to other ratepayers. There is an 8" water main that provides service from Edison Road to Jamison Inn development south of the Annexation Area. The main terminates at a fire hydrant about 150 feet south of the property at 54908 Ivy Road. A short main extension will be required to reach the annexed area at the developer’s expense. No recent flow test data is available for Ivy Road. The static pressure will be about 55 psi and there should be adequate capacity for the annexed area. Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36-9- 22-2, I.C. 8-1.5-3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. No waivers of annexation are in effect for the Annexation Area. The University of Notre Dame and Saint Joseph County constructed Twyckenham Drive. The Twyckenham alignment included some segments of Ivy Road, but deviated from that alignment in several areas including the region of this annexation area. The Twyckenham project included construction of “Ivy Court” to provide access to properties fronting Ivy Road, including this annexation area. The new streets were dedicated to St. Joseph County in 2006. Several segments of Ivy Road were demolished and removed as part of the project. That includes a segment within this annexation area. Petitions to vacate the right of way segments have been prepared by an engineering consultant and surveyor but they have not been submitted to the County Council for action. As there is no continuity between the City of South Bend street network and the small segment of Ivy Court in this annexation area. The street segment should remain on Saint Joseph County’s inventory for maintenance and fuel tax reimbursements. Drainage facilities will be required to be constructed by the developer and meet the latest City of South Bend standards. The Annexation Area would be expected to be added to the already existing . BEAT 11Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. At this time it is not expected that this annexation would cause calls for service to increase significantly and it is not anticipated that it will be necessary to increase police patrols beyond the already existing beat patrol at this time. The area under consideration is not expected to cause any unusual problems. At the present time the cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possibly shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable and consistent with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation and coordination of the conversion of the 911 emergency phone system for that area. The City provides a fully staffed, full 12 REGULAR MEETING OCTOBER 27, 2008 time fire department housed in 12 fire stations strategically located throughout the city. The Annexation Area will be serviced primarily by Station #3, located at 1805 McKinley Avenue, approximately 1.9 miles away. Additional Fire Department units would respond from Fire Station #2 located at 430 Dr. Martin Luther King Drive which is approximately 3.0 Miles away and Fire Station #1 at 1222 S. Michigan St, which is approximately 3.7 miles away. Distance from Fire Stations and response times will greatly improve upon the construction of Fire Station #12. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Adequate water supply will be necessary as development takes place. The City, under contract with St. Joseph County, provides emergency medical response to the unincorporated areas of St. Joseph County. Of the seven ambulances currently in service, 3 are dedicated for response to the unincorporated areas. These are Medic Units #10, 11, and 12. The Annexation Area is currently being serviced by Medic #11, located at Fire Station #11 at 3505 N. Bendy. Upon incorporation, the Annexation Area will be serviced by Medic #3, located at Fire Station #2, 430 Dr. Martin Luther King Drive and Medic #2, located at Fire Station #1, 1222 S. Michigan St. Emergency medical response will continue to be provided by the City of South Bend. Response times will be comparable to other areas of the City. No additional equipment will need to be purchasedor personnel hired to service the Annexation Area. The Annexation Area will be added to Area 4. The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times. The Department will respond to calls for service upon the effective date of the Annexation. Full and dedicated response will be in place within one year of the effective date of the Annexation. Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Industrial, commercial and apartment customers are not served by the Bureau of Solid Waste. The annexation will eventually contain multi-family residential units and commercial. These uses will have centralized waste collection locations. A licensed private waste hauler will be required to serve these developments. As single-family, duplex units are constructed, The Division of Environmental Services could service them at the rates noted below. For reference purposes, the following Bureau of Solid Waste rates apply for residential customers effective September 1, 2008: Single family rate: $10.56 per month Senior rate: $ 6.34 per month Duplex rate: $16.56 per month Tri-pled: $22.56 per month Quad: $23.80 per month Recycling fee: $1.97 per month The City of South Bend provides a wide range of services other than those noted above, such as the Mayor’s office, the Legal Department, and the Parks & Recreation. These services are available upon the effective date of the Annexation. Full and dedicated response for non-capital services will be in place within one year of the effective date of the Annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not effect the provision of other services currently provided to this property on a county-wide basis. The St. Joseph County Health Department, the St. Joseph County Public Library, the Area Plan Commission and the St. Joseph County/South Bend Building Department are some of the county-wide agencies and their services that will continue to provide the same type and level of services to the Annexation Area. County-wide services will continue to be supported by the County and Township tax rates that will remain in effect. As with any new development, the proposed use and development of this site becomes important relative to its relationship with the existing, surrounding uses. City Plan, South Bend’s comprehensive plan, notes that land use relationships, pedestrian movement/safety and vehicular site access are important elements to be addressed in developments of all kinds. City Plan also expresses a need to consider how buildings relate to the street. Building design that is sensitive to massing, shape, scale and finishes will ensure that private development will enhance and reinforce the City’s commitment to development and design of the highest quality. The Annexation Area will be developed in conjunction with the two parcels (024-1105-5292 13 REGULAR MEETING OCTOBER 27, 2008 and 024-1105-5294) to the north of 54908 Ivy Road. As such this analysis will view the development holistically. To west of the Development Area is the University of Norte Dame, to the east is medium-density residential (Jameson & Turtle Creek), to the north is single-family residential, and to the south is commercial property. The Development Area is located off of a cul-de-sac known as Ivy Court, along the alignment of the former Ivy Road, which connects to the recently constructed portion of Twyckenham. The entrance to the Ivy Court Inn is located is off of this cul-de-sac. The surrounding area to the east of the University of Notre Dame has experienced relatively high levels of growth in the form of medium density residential condos and apartments, and is expected to continue until market demand is met. Given the surrounding land-uses and recent transportation enhancements, future rezoning to “MU” Mixed Used or “MF” Multi- Family are acceptable land-uses pending a site-plan that satisfies the Development Criteria found below. Please note, that this petition only regards the proposed annexation. A rezoning petition to another land-use will occur in the near future pending a favorable outcome of this petition, and the Annexation Area will be zoned “SF1” Single Family Residential until that time. The current development concept for the Annexation Area is a “MU” Mixed Use building with a 12,000 Square Feet retail component on the first floor and 10 residential units on the second floor. This form of development is unique to the immediate area, and City Plan notes that this form of development benefits the community by: ? Helping create a sense of place ? Maximizing use of land by supporting sustainable land development ? Maximizing use of existing public infrastructure City Plan also notes that Mixed Use development can encourage positive pedestrian activity. However, it is important to note that traditional cul-de-sacs are known for being an impediment to pedestrian activity by reducing connectivity. As such, in consideration of rezoning and annexation it is required that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement within the annexation area. Sidewalks adjacent to the development will be required. It should also be required that neo-traditional building/site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality. It is required that the annexation area integrate harmoniously with the surrounding residential areas. If feasible, residential parking areas shall be located in the rear of the building to minimize the size of the parking lot in front and make more desirable front set-backs feasible. If the “MU” Mixed Use development concept is not pursued in favor of “MF” Multi-Family development the parking area shall be located to the rear of the building to the greatest possible extent in order to minimize the view of the parking area from Twyckenham and make more desirable front set-backs possible. Building plans and other information to satisfy these requirements must be submitted by the developer to the City as part of the development review process. Failure to comply with all the conditions may result in the City’s repeal of annexation. Essential city services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. The City is financially able to support city services to the territory sought to be annexed. Required improvements made by the petitioner and/or owner of the parcels must be made in accordance with the standards of the City of South Bend. Required improvements made by the City will be completed within the time frames provide by State law and this fiscal plan. All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded and projects are closed out. Property tax revenue and land assessment estimates are based on a combination of: 2007 payable 2008 tax rates, taxes paid in previous years by a comparable development, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Property tax revenues based upon full implementation of HEA 1001. Department expenditures and revenues are derived from the City of South Bend Budget. The estimated costs to provide services, noted in Section III, Municipal Services, is a City-wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services will not be required or possibly requested for many years. Hence, the cost of providing services over the first five should be evaluated with this in mind. 14 REGULAR MEETING OCTOBER 27, 2008 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. Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:47 p.m. Councilmember Oliver Davis 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 Dieter, Chairperson, presiding. Councilmember Dieter explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember Dieter stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 48-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, STADIUM PLACE DEVELOPERS, LLC, 54700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA BEING ON THE EAST SIDE OF BURDETTE STREET APPROXIMATELY 120 FEET NORTH OF VANESS STREET AND ALSO THE NORTHWEST CORNER OF WILLIS AVENUE AND VANESS STREET Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Nayder advised that the petitioner proposes to zone from R Residential District (County) and MU Mixed Use District (City) to PUD Planned Unit Development District (City), property located at the northwest corner of Vaness and Willis Streets; and the northeast corner of Vaness and Burdette Streets beginning approximately 120 feet north of Vaness Street and approximately 90 feet east of Burdette Street. Ms. Nayder advised that the Commission held a public hearing on Tuesday, September 16, 2008 and send this to the Common Council with a favorable recommendation. Ms. Nayder advised that the Planned Unit Development (PUD) District is designed and intended to: encourage 15 REGULAR MEETING OCTOBER 27, 2008 creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Chapter. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right within any district of this Chapter. The site is 2.71 acres. There will be three – three story buildings covering 32, 348 square feet or 27% of the site. The density is 31 units per acres. The paved areas will cover 62,552 square feet or approximately 53% of the site. The remaining 23,418 square feet or 20% of the site is open space. The site plan shows 135 on-site parking spaces. The number of parking spaces as proposed does not meet the current standards of the South Bend Zoning Ordinance which is two spaces per unit. However, the two buildings along Vaness Street were granted building permits under the previous standard which was one parking space per unit. In March 2007, the City Council passed a rezoning from R Single Family District to MU Mixed Use District for the portion of the subject property located at 54759 Willis Avenue, and 18301, 18349, 18369 Vaness Street in order to allow a three story condominium hotel. The subsequent owner began construction of apartments rather than a condominium hotel. Vaness Street, Willis Avenue and Burdette Street are two lanes each. The site will be served by public water and sewer from the City of South Bend. She stated that the petition is consistent with the City of South Bend Comprehensive Plan (City Plan) objectives for housing. The area surrounding Vaness Street, Willis Avenue, and Burdette Street has a variety of uses. To the north on Vaness and Burdette Street there are three single family houses and the Irish Crossings townhouse development, while the south side of Vaness Street contains the Turtle Creek Apartment. The character of the area between South Bend Avenue and Vaness Street and the area east of Willis Avenue is commercial and multifamily. The character of the area west of Burdette Street is residential. The most desirable use is higher density residential. The surrounding commercial and multifamily property values should be conserved with the PUD rezoning. However, the surrounding single family homes need to be properly buffered to protect their property values. It is responsible development and growth to allow sites to be appropriately redeveloped in keeping with the surrounding area. Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. The petition is consistent with recent developments in this area. Previous approvals for this and surrounding sites have established Vaness Street as a higher density, pedestrian-oriented area connecting the University of Notre Dame campus with the State Road 23 commercial/business corridor. Mr. Michael Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill on behalf of the petitioner Stadium Place Developers. Mr. Danch advised that his client is requesting the approval of an Annexation and Rezoning to the “PUD” Planned Unit Development District Classification for their property located in the 54700 Block of Burdette Street and property in the 1800 Block of Vaness Street, South Bend, Indiana. This annexation and rezoning is to allow for the construction of three residential buildings within a proposed Planned Unit Development. He stated that his clients hope that the Council will approve the requested annexation and rezoning request. They believe the requested rezoning would fit in this established neighborhood area of South Bend that contains a mix of residential type land uses. 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 Rouse made a motion for favorable recommendation to full Council. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. 16 REGULAR MEETING OCTOBER 27, 2008 BILL NO. 55-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #4, JOHN D. & LEONA RAPPELLI AND ROSEMARY R. MANDRICI, 54902 IVY ROAD (A.K.A. IVY COURT), SOUTH BEND, INDIANA Councilmember Kirsits made a motion to hear the substitute version of this bill. Councilmember Puzzello seconded the motion which carried by voice vote of eight (8) ayes. Councilmember Kirsits, Chairperson, Zoning & 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. Michael Danch, President, Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend, Indiana, made the presentation on behalf of the owners, John D. Rappelli, Leona Rappelli and Rosemary Mandrici. Mr. Danch advised that the petitioners desire that the parcel be annexed to the City of South Bend, Indiana, to be used for residential for present. 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 Puzzllo made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 50-08 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF DR. MARTIN LUTHER KING BLVD. FROM W. WASHINGTON STREET NORTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS, AND A WIDTH OF 8 FEET, MORE OR LESS. BEING A PART OF DUNBAR’S SUBDIVISION OF BANK OUTLOTS 31 AND 32, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation 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. James Bognar, 807 W. Washington Street, South Bend, Indiana, made the presentation for this bill. Mr. Bognar advised that the alley in question is exactly 8 foot wide and was created by the Board of Public Works on January 9, 1023, Condemnation Resolution No. 70.) The purpose of this alley was to provide connection with other alleys to allow city children a 17 REGULAR MEETING OCTOBER 27, 2008 path to Colfax School on Lincolnway Way West. They alley is to narrow for public service vehicles (Ambulance, Fire, and Solid Waste) and the connection at the junction of east/west north/south point is not a “true plus” design. The alley is a safety hazard for children as those autos that can use the alley cannot see pedestrians on foot. Councilmember Puzzello noted that the Fire Department had some concerns regarding access and limited fire hydrants. Mr. Bognar noted that the alley in question is surrounded by open area, a grass lot on one side and a parking lot on the other. Mr. Bognar noted that the Fire Department had concerns relating to structures that are setback from the street and possible limitations with fire hydrants. Mr. Bognar advised that considering the totality of the area there are very few, if any, alley vacations with as many access points. Mr. Bognar stated that in the unfortunate event that emergency personnel were called to react to a fire, equipment would have ample access to both space and direct hose line. He requested the Council favorable consideration. 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 as substituted. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 58-08 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, 2009 BILL NO. 59-08 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, 2009, AND ENDING DECEMBER 31, 2009, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 60-08 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, 2009 AND ENDING DECEMBER 31, 2009, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 18 REGULAR MEETING OCTOBER 27, 2008 Councilmember Puzzello made a motion to reconsider Bill Nos. 58-08; 59-08 and 60-08 to allow for Public Hearing. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Oliver Davis made a motion to combine Bill Nos. 58-08; 59-08 and 60- 08 for purposes of Public Hearing. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South th Bend, Indiana, and Catherine Fanello, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for these bills. Mayor Luecke advised that due to an advertising error in Administration & Finance, the 2009 budget must be heard again for Public Hearing. Catherine Fanello, City Controller gave an update on local statistics. Unemployment 6.8% as of September 2008 compared to 4.4% as of September 2007. She noted that they will have to see the effect on income tax distributions in future. She noted food prices up 6.1% as of September 2008 as compare to September 2007, and the overall consumer price index up 4.9 % in September 2008 as compared to September 2007. She noted that the Circuit Breaker affects only 3 funds: General, Park and Cumulative Capital Development, but it puts pressure on other funds to try and cover costs such as income tax funds. She stated that income tax dollars not budgeted for 2009 are $3.4 million. She stated that the caps will be phased in beginning in 2009 homeowner’s 1.5% in 2009 and 1.0% in 2010; Rental Property 2.5% in 2009 and 2.0% in 2010 and Business 3.5% in 2009 and 3.0% in 2010. She noted that the percentages are based upon grossed assessed value. She noted income tax revenue history in 2008 at an estimate by the Department of Local Government Finance the estimated Revenue is $6,266,381 and subject to fluctuation during economic ups and downs. She noted that income tax funds have been mainly used for capital & debt expenditures and not salaries/benefits that have compounding effects. The fund does not grow fast enough to keep up with compounding salaries/benefit costs. The 2009 Budget Compared to 2008 (Adopted) Citywide in 2009 $180,474,617 and in 2008 $187,225,253; General Fund $67,225,547 in 2009 and $67,300,000 in 2008; Park Fund $11,841,678 and $12,676,555 in 2008. Budget have been dept at or below 2008 adopted budgets. She noted that the 2009 Budget General Fund for Public Safety is $51.6 m or 76.8%; Engineering Streets $6.20 or 9.2%; Code Enforcement $2.32 or 3.4%; General Government $4.44 or 6.6%; Arts/Culture $1.69 or 2.5%; Community & Economic Development $.98 or 1.5% for a total of $67.23 million. The 2009 Budget for Salaries and Benefits Citywide are $95.48 million or 53%; General Fund $52.69 million or 78.4% and Parks $7.74 million or 65.3%. Health Insurance Costs Citywide are $9.8 million; General Fund $5.9 million; and Park Fund $918,523. Ms. Fanello noted that the City currently contributes between 85% and 87%. She stated that reducing the budget often equals cutting personnel and benefits. She stated that they are currently looking at four (4) day workweeks (32 hours) for non-bargaining personnel in General Fund could save approximately $950,000 if a 32-hour work week was implemented. This option will not work for all departments and is not an option the majority of employees can live with. They need 40 hour work weeks to sustain their households. They have also looked at an increase in employee share of health insurance and layoffs. She stated that in the 2009 budget the City must maintain debt obligations. Continue to identify costs that can be reduced outside of personnel/benefits. She further noted that updates to the Council on cost reductions that take place over the next couple of months will be prepared in early January. She stated that they are still looking at the City’s cell phone and take home car policy. They will be working to extend current tax warrants or issue new warrants in anticipation that any significant revenue won’t be received by December 31, 2008. In 2005, the City paid $179,300 in interest; 2006, $84,747 and in 2007 $376,928 for a total over a 3 year period of $640,975. She noted that she would like to be able to have that back. Ms. Fanello noted that departments will continue to work to provide further cost detail of department activities/services. They will verify cost of activity/service and examine how each activity fits within Mayor and Council priorities and goals. They will review performance based budget material to provide answers and further detail. She stated what is next? They need 2008 tax rates 19 REGULAR MEETING OCTOBER 27, 2008 and 2009 assessed valuations to finalize actual dollars to be but in 2009. Planning Sessions over next 4-6 months to identify critical city services and to review draft spending reduction plans presented by departments during summer of 2008. Prioritize spending over 2009. Realize that some differences can be made by moving expenditures to other funds such as current income tax fund or foregoing capital expenditure dollars but long-term solutions must be identified. Work on prioritizing long-term spending stnd plans and goals as more information becomes available during 1 and 2 quarter of 2009. Ms. Fanello stated that this will take a team effort between administration, Council and departments. She noted that she would like to spend two whole days with Council reviewing. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Puzzello stated that she is aware of some departments that have already laid-off personnel and consolidated jobs. She questioned what the cost savings is to date. Ms. Fanello stated that she only knows of her department that has made cuts and will take effect January 1, 2009. She stated that not a lot has been done. She noted that the departments have held off hiring full time personnel. She stated that she will ask the departments to make a list of their priorities and submit them to the Council. Mayor Luecke asked Councilmember Puzzello from what base line in terms of the savings from. He stated that there have been a lot of savings generated over the past several years. Obviously they are facing additional savings that need to be done. He questioned whether she was looking at savings from 2008 looking at 2009 budget or 2007 as a baseline year. Councilmember Puzzello stated that she is interested in looking at 2009. Mayor Luecke stated that there are some that are in the 2009 budget already and can quantify that, some of the other spending plan proposals that were referenced have not been implemented yet. So there is not a cost savings to those strategies. Ms. Fanello stated that they will have the information regarding cell phones and take home cars, but as far as some of the big stuff, they still need to finalize the big stuff. Councilmember Varner stated regarding the capital budget and there not being a capital budget. That they were talking about the general fund and that there is a capital budget along with a number of other funds. Ms. Fanello stated that there was not a lot of large capital items done this year, however the sewer department is obviously operating under a bond. Councilmember Varner stated that when they talk about possible solutions, that they look at pilots or payments in lieu of taxes from not-for-profits who occupy a large portion within the corporate limits of the City of South Bend. They provide county-wide employment but they don’t provide a lot of dollars that support general government for police and fire. He stated that the Hotel-Motel Tax needs to be increased. He stated that when he travels around and sees how much more other areas are charging 15 to 18%. In South Bend we are only charging 6%. Each percent if $500,000 under the current billing. He also stated that on the sales of tickets, such as the University of Notre Dame Football Games, which is a transaction, it is not taxing the University; it is taxes the persons involved in the transaction. It could generate several million dollars. He stated that he knows that the State needs to help the local municipalities by including them in some of the profits from the sales tax. Also there needs to be some creative use of TIF assessments. There are numerous dollars growing in TIF Districts and they should be used where they need to use them. Not necessarily for of the proposals that have come forward as he has seen. He stated that help needs to come from the State Legislature, they put the cities and towns in this situation and they can certainly help get them out. He stated that he doesn’t think that it is unreasonable to make those requests. 20 REGULAR MEETING OCTOBER 27, 2008 Councilmember Rouse asked when the monies are project from LOIT, was a 6.1% unemployment rate? Ms. Fanello stated that the LOIT dollars were projected back in July, when Umbaugh did their study. She stated that that number may have changed since then. She stated that she will get the Council an update. She noted that since Umbaugh did such extension work for the City they set up a model and once they get the updated assessed values from the County, they will be able to plug those numbers in and then will be able to look at the current taxable income at that time. There was no one present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. Mr. Jerry Niezgodski, 2930 Bonds, South Bend, Indiana, stated that he really is not in favor or against these bills. He stated that he has a lot of questions. He stated that he too would like to see an addition to the Hotel-Motel Tax and a consideration of a Food & Beverage Tax. He stated that during the budget meetings that the Council has budgeted for a research assistance $46,000.00. He suggested that since the Council has not filled that position that they spend some of that money actually and do something that he has mentioned before that being hire a consultant or an analyst to really look at how the City operates and compare South Bend to other cities. He stated that the 2009 budget has approximately 1,190 full time employees. He questioned why South Bend is so much higher that other cities like Gary, Evansville, and Ft. Wayne, per capita. He stated that the Council really needs to know this, to make an education decision. Why are there so many more employees here in South Bend as compared to the other cities per capita basis? He stated that last year the Council passed an Ordinance creating a position in the Community & Economic Development Department. According to that ordinance that person was supposed to report to the Council quarterly and give a final report. He questioned the findings of that report. Was the report filed and if there were savings to be identified when they looked at that department, they were supposed to look at policies and procedures and how the department operates. He stated that when the Council compares South Bend to other cities they will find that the Police, Fire, and Crossing Guards are in line with other cities. He urged the Council not to cut public safety, especially Crossing Guards, Police and Fire. Councilmember Varner made a motion to continue Bills No. 58-08; 59-08 and 60-08 in the Council Portion for Third Reading on November 10, 2008. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 51-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE MAXIMUM ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2009 Tom LaFountain, Chairperson, Personnel & Finance Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. th John Voorde, City Clerk, 227 W. Jefferson Blvd., 4 Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Voorde advised that this bill would establish the maximum amount for the salary of the City Clerk for the 2009 calendar year. It proposes the same percentage increase which he has proposed for his hard-working City Clerk’s Office Staff, namely 2% which would be the maximum permitted. He noted that as the Council is well aware, the Office of the City Clerk continues to take on more responsibility to assure that the multi-faceted 21 REGULAR MEETING OCTOBER 27, 2008 services which are provided by this office are provided in a prompt, efficient and timely manner. He asked the Council for their favorable consideration. 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 tot speak to the Council either in favor of or in opposition to this bill, Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 52-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2009 Tom LaFountain, Chairperson, Personnel & Finance Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Luecke stated that this bill proposes a 2% raise for the Mayor in line with the raises for other employees in the City of South Bend for 2009. He stated that he did commit to take a 5% cut in salary next year, however, State Law does not allow the Mayor’s salary or other elected officials salaries to be decreased. He stated that he will be making a voluntary contribution of his salary in that amount next year to reflect the cut that he has offered to take as a part of the cost saving measures for 2009. 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 tot speak to the Council either in favor of or in opposition to this bill, Councilmember Rouse made a motion for favorable recommendation to full Council concerning this bill. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 33-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS Councilmember Varner made a motion to continue this bill until the November 10, 2008 meeting of the Council. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 61-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH A NEW NONREVERTING, PRIVATE GIFT, DONATION AND BEQUEST FUND 22 REGULAR MEETING OCTOBER 27, 2008 Councilmember Varner made a motion to hear the substitute version of this bill. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. Tom LaFountain, Chairperson, Personnel & Finance Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. th Catherine Fanello, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Fanello advised that this bill establishes a non-reverting private gift, donation and bequest fund. This ordinance was precipitated by a recent monetary gift to the City. She noted that the bill has been revised at Subsection (d) to require that all appropriations under this Fund be approved by the Common Council. The previous version did not require approval of appropriations when used for the specific purpose of the donor. She noted that the bill was submitted to the State Board of Accounts (SBOA) prior to filing with the Office of the City Clerk and was acceptable to the SBOA. RISE AND REPORT Councilmember Oliver Varner made a motion to rise and report to the full Council. Councilmember Tom LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Derek D. Dieter, Chairperson Committee of the Whole 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 8:51 p.m. Council President Tim Rouse presided with nine (9) members present BILLS – THIRD READING ORDINANCE NO. 9867-08 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF DR. MARTIN LUTHER KING BLVD. FROM W. WASHINGTON STREET NORTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS, AND A WIDTH OF 8 FEET, MORE OR LESS BEING A PART OF DUNBAR’S SUBDIVISION OF BANK OUTLOTS 31 AND 32, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 23 REGULAR MEETING OCTOBER 27, 2008 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 NO. 9868-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE MAXIMUM ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2009 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 NO. 9869-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2009 This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember LaFountain seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9870-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH A NEW NONREVERTING, PRIVATE GIFT, DONATION AND BEQUEST FUND This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Dieter made a motion to pass this bill as amended. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3915-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LAFAYETTE FALLS – PHASE IV LOT NUMBERS 285-313, 340-383, 385-394 AND 436-450 ALL IN PHASE IV AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP 24 REGULAR MEETING OCTOBER 27, 2008 WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the areas commonly known as Lots Address Tax Key #s 285 1526 Brick Drive or 6827 Mackey Court Unavailable for all lots. 286 6833 Mackey Court 287 6839 Mackey Court 288 6845 Mackey Court 289 6851 Mackey Court 290 6905 Mackey Court 291 6915 Mackey Court 292 1538 Mackey Drive 293 1530 Mackey Drive 294 1522 Mackey Drive 295 1514 Mackey Drive 296 1506 Mackey Drive or 6903 Stewart Drive 297 1424 Mackey Drive or 6904 Stewart Drive 298 1418 Mackey Drive 299 1412 Mackey Drive 300 1406 Mackey Drive 301 1320 Mackey Drive 302 1312 Mackey Drive 303 1304 Mackey Drive 304 1226 Mackey Drive 305 1220 Mackey Drive 306 1214 Mackey Drive 307 1208 Mackey Drive 308 1202 Mackey Drive 309 1134 Mackey Drive 310 1128 Mackey Drive 311 1122 Mackey Drive 312 1116 Mackey Drive 313 1110 Mackey Drive 340 1104 Mackey Drive or 6905 Wiley Drive 341 6942 Lutz Drive or 6906 Wiley Drive 342 6934 Lutz Drive 343 6928 Lutz Drive 344 6927 Lutz Drive 345 6935 Lutz Drive 346 1101 Mackey Drive 347 1105 Mackey Drive 348 1111 Mackey Drive 349 1117 Mackey Drive 350 1123 Mackey Drive 351 1129 Mackey Drive 352 1135 Mackey Drive 353 1141 Mackey Drive or 6844 Jacktown Drive 354 6836 Jacktown Drive 355 6822 Jacktown Drive 356 6814 Jacktown Drive or 1134 Keady Court 357 1126 Keady Court 358 1120 Keady Court 359 1114 Keady Court 360 1108 Keady Court 361 1102 Keady Court 362 1040 Keady Court 363 1034 Keady Court 364 1028 Keady Court 25 REGULAR MEETING OCTOBER 27, 2008 365 1022 Keady Court 366 1025 Keady Court 367 1031 Keady Court 368 1037 Keady Court 369 1043 Keady Court 370 1107 Keady Court 371 1113 Keady Court 372 1119 Keady Court 373 1125 Keady Court 374 1215 Keady Court 375 1225 Keady Court 376 1305 Keady Court 377 1311 Keady Court 378 1317 Keady Court 379 1323 Keady Court 380 1329 Keady Court 381 1403 Keady Court 382 1409 Keady Court 383 1415 Keady Court or 1415 Stadium Drive 385 1406 Stadium Drive or 6803 Tyler Drive 386 6809 Tyler Drive 387 6815 Tyler Drive 388 6821 Tyler Drive 389 6827 Tyler Drive 390 6833 Tyler Drive 391 6839 Tyler Drive 392 6845 Tyler Drive 393 6851 Tyler Drive 394 6857 Tyler Drive or 1413 Mackey Drive 436 1305 Mackey Drive or 6844 Tyler Drive 437 6838 Tyler Drive 438 6832 Tyler Drive 439 6826 Tyler Drive 440 6822 Tyler Drive 441 6814 Tyler Drive 442 1308 Keady Court 443 1232 Keady Court 444 1226 Keady Court 445 1220 Keady Court or 6807 Jacktown Drive 446 6815 Jacktown Drive 447 6823 Jacktown Drive 448 6831 Jacktown Drive 449 6839 Jacktown Drive 450 6847 Jacktown Drive or 1223 Mackey Drive ? The tax key number of the parent parcel is 23-1002-0022.01. Tax key numbers for the individual lots included within Lafayette Falls, Phase IV will be assigned by the County Auditor’s office after each of the subsequent Secondary Plats are recorded. all in South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: LAFAYETTE FALLS, PHASE IV A PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 36 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER, SAID CORNER LYING SOUTH 89 DEGREES 04 MINUTES 47 SECONDS EAST, A DISTANCE OF 281.17 FEET FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 2 EAST, SAID 26 REGULAR MEETING OCTOBER 27, 2008 SOUTHWEST CORNER BEING MARKED BY A 5/8 INCH DIAMETER ROD, 0.1 FEET BELOW THE ROAD SURFACE; THENCE SOUTH 00 DEGREES 16 MINUTES 41 SECONDS WEST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 2121.17 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF BRICK DRIVE AS RECORDED IN LAFAYETTE FALLS, PHASE III, SECTION THREE RECORDED UNDER INSTRUMENT NUMBER 0808755 IN THE OFFICE OF RECORDER OF SAID COUNTY AND THE POINT OF BEGINNING; THENCE THE NEXT TEN COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS, PHASE III, SECTION THREE: (1) SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 139.07 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 30.00 FEET AND A CHORD OF 42.43 FEET BEARING SOUTH 45 DEGREES 00 MINUTES 00 SECONDS EAST; (2) THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 47.12 FEET; (3) THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 273.42 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 125.00 FEET AND A CHORD OF 10.66 FEET BEARING SOUTH 02 DEGREES 26 MINUTES 36 SECONDS EAST; (4) THENCE SOUTHERLY ALONG SAID CURVE, A DISTANCE OF 10.66 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 30.00 FEET AND A CHORD OF 27.12 FEET BEARING SOUTH 21 DEGREES 59 MINUTES 07 SECONDS WEST; (5) THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 28.14 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 60.00 FEET AND A CHORD OF 119.99 FEET BEARING SOUTH 40 DEGREES 22 MINUTES 44 SECONDS EAST; (6) THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 186.90 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 30.00 FEET AND A CHORD OF 27.12 FEET BEARING NORTH 77 DEGREES 15 MINUTES 25 SECONDS EAST; (7) THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 28.14 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 125.00 FEET AND A CHORD OF 30.75 FEET BEARING SOUTH 82 DEGREES 56 MINUTES 08 SECONDS EAST; (8) THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 30.82 FEET; (9) THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 391.30 FEET; (10) THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF LAFAYETTE FALLS, PHASE III, SECTION ONE AS RECORDED UNDER INSTRUMENT NUMBER 0728461 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 584.92 FEET TO THE NORTHEAST CORNER OF LOT 405 IN LAFAYETTE FALLS, SECTION FIVE & LAFAYETTE FALLS, PHASE III, LOTS 405 & 406 AS RECORDED UNDER INSTRUMENT NUMBER 0704435 IN THE OFFICE OF SAID RECORDER, SAID CORNER ALSO LYING ON THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1602.00 FEET AND A CHORD OF 13.30 FEET BEARING SOUTH 82 DEGREES 24 MINUTES 06 SECONDS EAST; THENCE EASTERLY ALONG SAID CURVE AND THE SOUTH RIGHT-OF-WAY LINE OF STADIUM DRIVE, A DISTANCE OF 13.30 FEET; THENCE THE NEXT FOUR COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS, SECTION FIVE & LAFAYETTE FALLS, PHASE III, LOTS 405 & 406: (1) NORTH 07 DEGREES 50 MINUTES 12 SECONDS EAST, A DISTANCE OF 50.00 FEET; (2) THENCE NORTH 18 DEGREES 43 MINUTES 18 SECONDS EAST, A DISTANCE OF 115.58 FEET; (3) THENCE NORTH 42 DEGREES 38 MINUTES 44 SECONDS EAST, A DISTANCE OF 57.21 FEET; (4) THENCE NORTH 58 DEGREES 07 MINUTES 46 SECONDS EAST, A DISTANCE OF 170.49 FEET TO THE SOUTHEAST CORNER OF LOT 54 IN LAFAYETTE FALLS, SECTION FOUR AS RECORDED UNDER INSTRUMENT NUMBER 0602210 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT SIX COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS SUBDIVISION, SECTION FOUR: (1) SOUTH 89 DEGREES 10 MINUTES 21 SECONDS EAST, A DISTANCE OF 371.03 FEET, (2) THENCE SOUTH 12 DEGREES 37 MINUTES 17 SECONDS EAST, A DISTANCE OF 80.47 FEET, (3) THENCE SOUTH 27 DEGREES 09 MINUTES 37 SECONDS EAST, A DISTANCE OF 165.85 FEET, (4) THENCE SOUTH 61 DEGREES 00 MINUTES 44 SECONDS EAST, A DISTANCE OF 165.85 FEET, (5) THENCE SOUTH 78 DEGREES 55 MINUTES 45 SECONDS EAST, A DISTANCE OF 108.66 FEET, (6) THENCE NORTH 81 DEGREES 58 MINUTES 30 SECONDS EAST, A DISTANCE OF 182.70 FEET TO THE SOUTHWEST CORNER OF LOT NUMBER 185 IN LAFAYETTE FALLS SUBDIVISION, SECTION TWO, RECORDED UNDER INSTRUMENT NUMBER 0451995 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT TWO COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS SUBDIVISION, SECTION TWO: (1) NORTH 83 DEGREES 42 MINUTES 21 SECONDS EAST, A DISTANCE OF 67.54 FEET, (2) THENCE SOUTH 56 DEGREES 29 MINUTES 48 SECONDS EAST, A DISTANCE OF 150.76 FEET TO A POINT ON THE BOUNDARY OF LAFAYETTE FALLS, PHASE III, SECTION TWO AS RECORDED UNDER INSTRUMENT NUMBER 0811195 IN THE OFFICE OF SAID RECORDER; THENCE NEXT FOUR COURSE ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS, PHASE III, SECTION TWO: (1) SOUTH 03 DEGREES 49 27 REGULAR MEETING OCTOBER 27, 2008 MINUTES 12 SECONDS EAST, A DISTANCE OF 84.83 FEET; (2) THENCE SOUTH 25 DEGREES 05 MINUTES 08 SECONDS WEST, A DISTANCE OF 170.00 FEET; (3) THENCE SOUTH 49 DEGREES 57 MINUTES 33 SECONDS WEST, A DISTANCE OF 90.86 FEET; (4) THENCE SOUTH 34 DEGREES 39 MINUTES 21 SECONDS EAST, A DISTANCE OF 422.72 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 19 MINUTES 47 SECONDS WEST, A DISTANCE OF 2123.00 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 16 MINUTES 41 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 557.10 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 29.118 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. and this property which has Parent Parcel Tax Key Number 23-1002-0022.01 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1- 12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION. I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: 28 REGULAR MEETING OCTOBER 27, 2008 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. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Derek Spier, Abonmarche Consultants, LLC, 750 Lincoln Way East, South Bend, Indiana, made the presentation on this bill. Mr. Spier advised that Kendall-Weiss intends to construct ninety-eight (98), new, single- family homes on approximately 29.1 acres of land. The total estimated cost of the 98 homes is $16,894,000. The homes will be traditional single family homes. They will 29 REGULAR MEETING OCTOBER 27, 2008 have three to four bedrooms with two to two and one-half bathrooms and range in size from 1,200 to 2,800 square feet with attached garages. Phase IV will include approximately 4,693 linear feet of public street, private alleys for garage access and the associated public and private utilities. The cost of the homes will range between $150,000 and $225,000. 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 seven ayes and one nay (Councilmember Henry Davis). RESOLUTION NO. 3916-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1019 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROBERT J. AND DEBORAH S. BERNHARD 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 1019 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: A part of the Northeast Quarter of Section 1, T.37 N., R.2 E. (Being a replat of part of Lot 84 and 85 of Sorin’s Second Addition to Lowell, now the City of South Bend) Portage Township, City of South Bend, St. Joseph County, Indiana , and this property has Tax Key Numbers 18-5104-3650 and 18-5104-3653be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. 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: 30 REGULAR MEETING OCTOBER 27, 2008 A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. 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 31 REGULAR MEETING OCTOBER 27, 2008 pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Dale DeVon, Owner Devon Custom Homes, Inc., 17871 St. Rd. 23, South Bend, Indiana, South Bend, Indiana, made the presentation on behalf of the owners Robert J. and Deborah S. Bernhard. Mr. DeVon stated that the owners intend to construct a 3,100 square foot, single-family, owner-occupied home. The home will have four bedrooms and four bathrooms plus a kitchen, dining room, den, great room, laundry room, fireplace and attached two-car garage. The cost of the home will be approximately $450,000. 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 seven ayes and one nay (Councilmember Henry Davis). RESOLUTION NO. 3917-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELD ASSESSMENT GRANT WHEREAS, the United States Environmental Protection Agency has financial assistance for brownfield revitalization, including grants for site assessments; and WHEREAS, the City of South Bend previously received an assessment grant but needs additional funding in order to continue the program; and WHEREAS, the City of South Bend intends to request a $200,000 Assessment Grant; and WHEREAS, the Mayor is the Chief Executive Officer of the City and is the appropriate applicant for the Environmental Protection Agency Assessment Grant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 32 REGULAR MEETING OCTOBER 27, 2008 SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to apply to the United States Environmental Protection Agency for a $200,000 Assessment Grant(s) and to execute all documents related to any grant(s) awarded. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the application(s) submitted to the United States Environmental Protection Agency. SECTION III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the United States Environmental Protection Agency. SECTION IV. That the City of South Bend, Department of Community and Economic Development is hereby designated as the agency and office administering, on behalf of the City of South Bend the Assessment Grant(s) awarded under this application. SECTION V. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ann Kolata, Senior Redevelopment Specialist, Community & Economic Development, th 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Kolata advised that this Resolution will authorize submission of an Assessment Grant application to the United States Environmental Protection Agency (EPA.) She stated that they intent to submit an application for a $200,000 Assessment Grant to continue the citywide Assessment program that was funded by a previous EPA grant. The application is due at EPA by November 14, 2008. 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 BILL NO. 62-08 FIRST READING 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 33 REGULAR MEETING OCTOBER 27, 2008 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 63-08 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 921 NORTH BENDIX DRIVE, SOUTH BEND, IN 46628, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis.) BILL NO. 64-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $73,382.00 FROM EMERGENCY SERVICE CAPITAL IMPROVEMENT FUND NO. 288 FOR THE PURCHASE OF COMPUTERS PURSUANT TO A U.S. DEPARTMENT OF HOMELAND SECURITY GRANT This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on November 10, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 65-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $2,261,981 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2009, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 10, 2008. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. 34 REGULAR MEETING OCTOBER 27, 2008 BILL NO. 66-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $118,833 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S EMERGENCY SHELTER GRANT PROGRAM This bill had first reading. Councilmember LaFountain made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 10, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 67-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $495,000 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Dieter made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 10, 2008. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 68-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES 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 and Third Reading on November 10, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 69-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES RELATED TO ANIMAL CARE AND CONTROL This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on November 10, 2008. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. 35 REGULAR MEETING OCTOBER 27, 2008 BILL NO. 70-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES FOR REMOVAL AND STORAGE OF ABANDONED VEHICLES This bill had first reading. Councilmember Dieter made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on November 10, 2008. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS BOARD OF ZONING APPEALS BILL NO. 08-96 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 (900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA) Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on November 10, 2008. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS Councilmember Oliver Davis stated thanked everyone who attended the two “The Heart of the Matter District-Wide Meetings.” They were held on September 25, 2008 from 6:00 p.m. until 7:00 p.m. at the West Side Democratic & Civic Club, 617 S. Warrant St., South Bend, Indiana 46619 and the second was held on October 16, 2008 from 6:00 p.m. until 7:00 p.m. at the Rum Village Nature Center, 2626 S. Gertrude Street, South Bend, Indiana, 46614. He especially thanked Gary Gilot and Ann-Carol Nash for attending and answering questions. Councilmember Henry Davis advised that he is a member of the LaSalle Square Steering Committee. He noted a press conference announcing the medical facility that will locate in LaSalle Square and stated the reason that he voted no against Bill No. 63-08 that was on the agenda for first reading. Councilmember Henry Davis stated that it was decided early on that a Senior Housing Facility was not wanted by the steering committee and therefore he will be voting against the bill. On another item, Councilmember Henry Davis stated that he has been in contact with the owner of the Higher Grounds Restaurant. He noted that the restaurant had received water damage because of the construction being done above the restaurant. He advised that he will be in contact with the Department of Public Works to help the owner reopen as soon as possible. Council President Timothy Rouse announced that he attend the Indiana Association of Cities and Towns Conference that was hosted by the City of South Bend from October 12-15, 2008. He noted that the conference was well attended and that there were very educational seminars held during the week. Council President Rouse also noted that he attended a Lomar Workshop on September 30, 2008 on TIF Districts, and that there are reports on file with the Office of the City Clerk. 36 REGULAR MEETING OCTOBER 27, 2008 Councilmember LaFountain advised that there will be a joint meeting of the Health and Public Safety Committee and the Personnel & Finance Committee, on Wednesday, November 5, 2008 at 4:00 p.m. to continue discussion on Crossing Guards. Councilmember LaFountain advised that there will be a Personnel & Finance Committee Meeting on Thursday, November 6, 2008 at 5:00 p.m. to continue discussion on the 2009 Budget. PRIVILEGE OF THE FLOOR COMMENTS CONCERNING CROSSING GUARDS Sandy Dreibelbeis, 203 E. Eckman, South Bend, Indiana, stated that the LaSalle Center has started mailing post cards to their Council Representative Henry Davis to keep all crossing guards in the City of South Bend. She encouraged the Councilmember’s to find the resources needed to keep all the crossing guards. Nancy Metz, 51515 Mayflower Rd., South Bend, Indiana, stated that she called in sick one day last week to the number that was given to them by their Captain Karen Dreibelbeis and Lt. Goen from the South Bend Police Department. She noted that she was told the next day that no one showed up to fill in. She stated that the children were scared because they didn’t know what to do. They walked a couple of block down to the next crossing guard. She stated that she had heard that a father walking his baby in a stroller, the stroller was sideswiped by a jeep. She stated that when she hears stories like this, she just cannot fathom the City getting rid of the Crossing Guards. Marlene Lowe, 59670 Thornberry Ct., South Bend, Indiana, stated that she was the crossing guard that had to do double duty that day. The children did not know what to do. They were crying because they stood on a corner in the rain crying because they didn’t know how to cross the street or when. She questioned the Council “Would you want that to be your grandchild.” She stated that it blew her away, her heart broke to have little babies coming up to her and she had to do double duty in the middle of the road running back and forth in between her on children on her corner and on another corner. She said that the children were all crying asking where their crossing guard was. She stated what are they going to tell the children in January? That the City is out of money! She reiterated that a Red Jeep Liberty sideswiped a stroller. Melissa Machowiak, 56830 Elmer Avenue, South Bend, Indiana, stated that she also called in sick approximately a week and half ago and a police officer that came by her intersection the next day questioned where she was. She stated that her children were sick and had doctor’s appointments and that she called the number that they were given to call if they were unable to be at work. The children told her the next day that they were scared to cross the street by themselves, but did very hesitantly. Ms. Machowiak also questioned when will they be told whether or not they have a job. She stated that she has attended the meetings regarding the crossing guards and would like to know how and when they will be notified either one way or the other. She stated that they were presented a power point presentation by the Controller Catherine Fanello and Chief Boykins cutting their pay in half and removing all benefits. She stated that is hard to swallow after twelve (12) years of services. Sharon Howse, 2013 Gertrude, South Bend, Indiana, introduced Ms. Verlis Love, 1653 Riverside, who walks her grandson everyday down to the crossing guard. She stated that the crossing guards provide a valuable service. They keep the children safe on their way to and from school. She stated that eliminating the crossing guards will create more pedestrian automobile accidents and amber alerts. Ms. Howse stated there are ways to generate more money. She stated the city could enforce jaywalking tickets, seat belt tickets, etc. Ms. Howse noted that they are little things that could add up and provide a revenue stream to keep the crossing guards. She stated that the Crossing Guards provide a service like no other, they keep our youth safe to and from school. 37 REGULAR MEETING OCTOBER 27, 2008 COMMENTS CONCERNING STUDENT HOUSING IN HARTER HEIGHTS Bill Stenz, 1020 E. Colfax Avenue, South Bend, Indiana, commented on the increase in Student Housing in the Northeast Neighborhood. He advised that the increase in demand for off campus student housing and weekend rentals is undermining diversity in our neighborhoods, especially in Harter Heights and the Northeast Neighborhood. Students are able to pay higher rents than typically paid by local tenants. Years ago, this created an opportunity for some homeowners to rent/sublease an extra bedroom for students. Over the years, more homeowners “expanded” their opportunities by adding extra bathrooms, sleeping areas in basements, etc., often without the knowledge of the building/zoning departments. Eventually, these homeowners realized they could move out, buy another home nearby or elsewhere, and rent their old home and reap the benefit of income and help pay for their “new” home. Some of this type of activity appears to be occurring in the Harter Heights Neighborhood. In the past, students were forced to look at other neighborhoods throughout the city for off campus housing. The Northeast Neighborhood, Harter Heights, and Howard Park areas are seeing a dramatic increase in student housing, as the addition of basement sleeping rooms, attic conversions, and bathroom additions has been observed in all these areas. Opaque 6’ fencing, not typical in our neighborhoods, is occurring in more of these student housing areas, to shield increased parking, or provide privacy for “keg” parties etc. Many yards are now completely covered in stone for parking spaces. Where parking is not provided off street, cars are parked all over the streets, with snow removal problems, congestion, and even unsafe parking in right of ways (in front of sidewalks, too close to the intersections, etc.) A dramatic difference in street snow removal can be observed when the students are on winter break, when their cars are not all over the place. However, the sidewalks are never shoveled during these times, and in most cases, are not when the students are in town. It is now typical that many of these student houses can be occupied by over five students, compared to a former typical three bedroom/one bath house with Mom, Dad, and a couple kids. This means five plus cars compared to the two or maybe three. This means lower property values for neighbors who have to put up with the increased density, and general poor responsibilities and habits teen tenants have towards property. Just look at how they handle their trash receptacles in these student housing areas. Many seniors, widow, etc., needing to sell their homes, are forced to sell to Student Landlords, and in the past have even been asked to “document” they are grandfathered for students, even if they never rented to them in the past, because they cannot find a buyer willing to live near these types of rentals. It also means less total housing stock is rented, therefore increasing vacant housing by “lowering” the demand for spread out student rentals in other neighborhoods throughout the city and county. Eventually, pockets of student housing grow to become solely student rentals, with no diversity of housing types or occupants. This becomes more alarming from a safety point of view, as during certain periods, there may be no neighbor “watching out” for criminal or suspicious activity in the block. ADJOURNMENT There being no further business to come before the President Timothy Rouse adjourned the meeting at 9:53 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Timothy Rouse, President 38