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HomeMy WebLinkAbout05-12-08 Common Council Minutes REGULAR MEETING MAY 12, 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, May 12, 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 Al “Buddy” Kirsits At-Large Timothy Rouse At-Large President 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 April 28, 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 Henry Davis made a motion that the minutes of the April 28, 2008 meetings of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Council President Rouse announced that in observance of the Memorial Day Holiday, the next meeting of the South Bend Common Council will be Tuesday, May 27, 2008 at 7:00 th p.m. in the Council Chambers, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, 46601. Council President Rouse announced that the Council has reappointed Marcia Jones to the Redevelopment Commission. Council President Rouse announced that Councilmember Derek D. Dieter will be the Council’s representative to the Century Center Board of Managers and Councilmember Puzzello will be the representative to the Morris Performing Arts Board. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:02 p.m. Councilmember White made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dieter, Chairperson, Committee of the Whole, presiding. 1 REGULAR MEETING MAY 12, 2008 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. 14-08 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR FIVE (5) PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF WESTERN AVENUE AND LOMBARDY DRIVE LYING IMMEDIATELY SOUTH OF THE INTERSECTION AND IMMEDIATELY NORTH OF 450 LOMBARDY DRIVE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA 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 Mr. Mark Lyons, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Lyons advised that the petitioners are requesting a zone change from MF1 Urban Corridor Multifamily District, LB Local Business District, and CB Community Business District to CB Community Business District to allow the construction of a drug store. The site is currently comprised of five parcels: one zoned CB Community Business District, one zoned MF1 Urban Corridor Multifamily District, and 3 zoned LB Local Business District. To the North across Western Avenue are businesses zoned CB Community Business District. To the east are apartments zoned MF1 Urban Corridor Multifamily District. To the south is a vacant lot with an access easement zoned MF1 Urban Corridor Multifamily District. South of that are homes zoned SF1 Single Family and Two Family District. To the west are businesses zoned CB Community Business District. Mr. Lyons stated that the site is approximately 1 acre. The site plan indicates a proposed 13,600 square foot building. The building will cover approximately 29% of the site. 45 parking spaces are provided for the development. Parking and drives will consist of approximately 60% of the site. The remaining 11% of the site will be open space. There are three proposed access points to the development; two off of Lombardy Drive and one off of Western Avenue. The site will require 11 variances to comply with the City of South Bend Zoning Ordinance. The site will be serviced by municipal utilities. Mr. Lyons advised that this bill is sent to the Common Council with a favorable recommendation. The site was previously occupied by several businesses and is located within a commercial area. The rezoning will redevelop what has become a series of underutilized commercial parcels. The rezoning fits well with the existing commercial uses to the north and west of the site. Mr. Jason Ward, Sanders, Pianowski, LLP, 300 Riverwalk Drive, Elkhart, Indiana and Mr. Adam Keyser, Preferred-South Bend LLC, 141 W. Jackson Blvd, Suite 3540, Chicago, IL made the presentation for this bill. Mr. Ward advised that the petitioner Preferred-South Bend LLC, is requesting a zone change from CB Community Business District, MF1 Multifamily Urban Corridor and LB Local Business District to CB Community Business District to allow for the development, construction and maintenance of a Walgreens Drug Store at the proposed location. 2 REGULAR MEETING MAY 12, 2008 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 White 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 nine (9) ayes. th Councilmember Oliver Davis welcomed the development into the 6 District and looks forward to working with them in the future. BILL NO. 20-08 PUBLIC HEARING TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF GOLDEN AVENUE FROM WOODWARD AVENUE TO THE FIRST NORTH/SOUTH ALLEY FRO A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF GOLDEN AVENUE FROM RIVERSIDE DRIVE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET Councilmember Varner made a motion to continue this bill until the May 27, 2008 meeting of the Council. Councilmember Rouse seconded the motion which carried by a roll call vote of nine (9) ayes. BILL NO. 22-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING PREAPPROVED PAYMENT OF CLAIMS Councilmember LaFountain, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th M. 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 would allow certain types of claims to be paid prior to approval by the Board of Public Works. Expenditures of city funds are generally approved by the Board of Public Works (“Board”) at its regular meetings, including approval of claims such as payroll, insurance, utilities, rental agreements, bond payments, and taxes. She noted that since the Board does not meet daily, the attached ordinance will allow certain types of expenditures to be paid prior to Board approval. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. 3 REGULAR MEETING MAY 12, 2008 Councilmember Varner stated that this bill is only an interim measure and that this bill will be amended at a later date. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to the full Council. Councilmember White 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 7:15 p.m. President Timothy Rouse presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 9835-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITH THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #1, STEVE & JEAN COOREMAN, 21300 BLOCK OF CLEVELAND ROAD & 52804 LYNNEWOOD AVENUE, SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to pass this bill, subject to the written commitments as on file with the Office of the City Clerk. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis) . ORDINANCE NO. 9836-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR FIVE (5) PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF WESTERN AVENUE AND LOMBARDY DRIVE LYING IMMEDIATELY SOUTH OF THE INTERSECTION AND IMMEDIATELY NORTH OF 450 LOMBARDY DRIVE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA 4 REGULAR MEETING MAY 12, 2008 This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9837-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING PREAPPROVED PAYMENT OF CLAIMS 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 nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3862-08 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2107 BASIN STREET OR 5421 ROYAL STREET, 5413 AND 5405 ROYAL STREET, 2205, 2213, 2221, 2229, 2237, 2245, 2303, 2311, 2314, 2306, 2236, 2228, 2220, 2212 ST. CHARLES STREET, 2204 ST. CHARLES STREET OR 5422 ROYAL STREET, 2203 CANAL BOULEVARD OR 5430 ROYAL STREET, 2211, 2219, 2227, 2235, 2307, 2315, 2314, 2306, 2238, 2230, 2222 AND 2214 CANAL BOULEVARD AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 9.82 acres in the NW1/4, Section 32, T37N, R3E, South Bend, Indiana, and which is more particularly described as follows: 31 lots located within the proposed Crescent Oaks, Section One A PARCEL OF LAND BEING A PART OF PARENT PART OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, CITY OF SOUTH BEND, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 DEGREES 16 MINUTES 29 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1363.59 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 53 MINUTES 49 SECONDS EAST ALONG THE SOUTH LINE OF A PARCEL OF LAND AS RECORDED UNDER INSTRUMENT NUMBER 8634826 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 753.67 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 624.74 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST ALONG THE NORTH LINE OF STONEHEDGE ESTATES, SECTION THREE, PART TWO AND 5 REGULAR MEETING MAY 12, 2008 STONEHEDGE ESTATES, SECTION II, AS RECORDED UNDER INSTRUMENT NUMBERS 9516217 AND 9236154, RESPECTIVELY, IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 750.68 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 16 MINUTES 29 SECONDS WEST ALONG SAID WEST LINE, A DISTANCE OF 625.15 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 10.791 ACRES, MORE OR LESS; SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHTS OF WAY OF RECORD. LEGAL DESCRIPTION HEREIN PREPARED BY THOMAS A. OESTERLING, REGISTERED LAND SURVEYOR, INDIANA LICENSE NUMBER 11462, EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, LLC, FOR TAMPICO DEVELOPMENTS, L.L.C., ON APRIL 14, 2008. LINE BEARING DATUM DESCRIBED HEREIN BEING RELATIVE TO SAID STAFFORDSHIRE ESTATES, SECTION TWO SUBDIVISION. and these lots do not yet have individual key numbers but are part of the parcel with the Tax ID Number 26-1035-0589.02 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, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 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 6 REGULAR MEETING MAY 12, 2008 not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Derek Spier, Abonmarche Consultants, LLC, 750 Lincolnway East, South Bend, Indiana made the presentation for this bill on behalf of Tampico Developments, LLC. Mr. Spier advised that advised that Tampico Developments, LLC, intends to develop 9.82 acres of agricultural farmland into 31 residential lots. The lots will be located within the proposed development called Crescent Oaks. The homes will be built by Weiss Homes and will range in size from 1,300 to 2,000 square feet and will include basements. The estimated price of each home if $185,000. 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 nine (9) ayes. 7 REGULAR MEETING MAY 12, 2008 BILL NO. 08-42 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 701 SOUTH GRANT STREET AND 601 COTTAGE GROVE AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY Councilmember White made a motion to continue this bill until the May 27, 2008 meeting of the Council due to the lack of a presenter. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 08-43 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1433 NORTHSIDE BOULEVARD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO (2) YEAR REAL PROPERTY TAX ABATEMENT FOR RIVER ROCK, INCORPORATED Councilmember Oliver Davis made a motion to continue this bill until the May 27, 2008 meeting of the Council at the request of the petitioner. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3863-08 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 1401 NORTH MAIN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR ST REAL PROPERTY TAX ABATEMENT FOR 1 SOURCE LAND TRUST #13, ROBERT F. JAGGER, D/B/A OLD FORT BUILDING SUPPLY OF SOUTH BEND, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 1401 South Main Street, South Bend, Indiana, and which is more particularly described as follows: th Lot 2 Studebaker Corridor 5 Minor Sub and which has Key Number 18-8005-0230 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, 8 REGULAR MEETING MAY 12, 2008 et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. 9 REGULAR MEETING MAY 12, 2008 SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period five (5) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. The Common Council hereby determines that should the Company receive the Enterprise Zone Investment Deduction under I.C. 6-1.1-45 for the same property, this Tax Abatement designation shall become null and void. The Company may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6-1.1-45 for the same property. SECTION IX. 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 Varner made a motion to correct a scrivener’s error in the title of the Resolution, the correct address is 1401 South Main Street. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of nine (9) ayes. 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. Robert Jagger, President, Old Fort Building Supply, 1401 S. Main Street, South Bend, Indiana, residing at 57800 Timothy Road, New Carlisle, Indiana, made the presentation for this bill. Mr. Jagger advised that Old Fort Building Supply is proposing to construct a 12,000 square foot storage warehouse with the addition of an outside storage area for products specific to Old Fort’s business. The additional capacity will enable the company to buy in larger volume and remain competitive in the current downturn of the construction industry. Mr. Jagger stated that Old Fort Building Supply is a major supplier of construction materials to the Michiana area. He noted that between 80%-90% of the company’s sales are to professional contractors and subcontractors. The main product lines are brick, architectural block, stone, landscaping pavers and wall, drywall, steel studs, insulation, acoustical ceilings and related products. Mr. Jagger advised that it is estimated that the total project will create two (2) new, permanent, full-time jobs representing a new annual payroll of $62,000. The project will also retain twenty (20) existing, permanent, full-time jobs and one (1) existing, permanent, part-time job representing an annual payroll of $950,000. Mr. Jagger stated that the project cost is estimated at $325,000. 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 Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 10 REGULAR MEETING MAY 12, 2008 BILL NO. 08-45 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN – SECTION I, A CERTAIN 51 LOTS LOCATED ON APPROXIMATELY 56 ACRES NORTH OF BRICK ROAD, AND WEST OF AND ADJACENT TO THE U.S. 31 BYPASS AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. BILL NO. 08-46 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN – SECTION II, LOCATED ON APPROXIMATELY 2.7 ACRES NORTH OF BRICK ROAD, EAST OF ORANGE ROAD AND WEST OF THE U.S. 31 BYPASS AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. Councilmember Dieter made a motion to combine these bills for purpose of Public Hearing. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3864-08 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 THE VILLAS AT LAKE BLACKTHORN – SECTION I, A CERTAIN 51 LOTS LOCATED ON APPROXIMATELY 56 ACRES NORTH OF BRICK ROAD, AND WEST OF AND ADJACENT TO THE U.S. 31 BYPASS AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. 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 asA CERTAIN 51 LOTS AS LISTED IN EXHIBIT A TO THIS RESOLUTION, ALL IN THE VILLAS AT LAKE BLACKTHORN – SECTION I, South Bend, Indiana, and which is more particularly described as follows: 11 REGULAR MEETING MAY 12, 2008 LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION ONE A PART OF THE NORTHWEST, SOUTHWEST, AND SOUTHEAST QUARTERS OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, 5.8 FEET SOUTH OF A 2” IRON MONUMENT WITH A CAP LABELED “SEC. CORNER”; THENCE SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST, A DISTANCE OF 1549.41 FEET TO THE WEST RIGHT OF WAY OF U.S. ROUTE 31 AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT OF WAY THE FOLLOWING NINE (9) COURSES: (1) SOUTH 17 DEGREES 36 MINUTES 51 SECONDS WEST, A DISTANCE OF 85.66 FEET; (2) THENCE SOUTH 25 DEGREES 35 MINUTES 58 SECONDS WEST, A DISTANCE OF 409.65 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 5950.00 FEET, A CENTRAL ANGLE OF 8 DEGREES 59 MINUTES 58 SECONDS, AND A CHORD OF 933.60 FEET BEARING SOUTH 12 DEGREES 00 MINUTES 23 SECONDS WEST; (3) THENCE SOUTH ALONG SAID RIGHT OF WAY CURVE, A DISTANCE OF 934.56 FEET; (4) THENCE SOUTH 16 DEGREES 02 MINUTES 40 SECONDS WEST, A DISTANCE OF 211.20 FEET; (5) THENCE SOUTH 38 DEGREES 30 MINUTES 20 SECONDS WEST, A DISTANCE OF 481.60 FEET; (6) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 114.32 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED RECORD BOOK 741, PAGES 475-477, AS RECORDED IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; (7) THENCE SOUTH 35 DEGREES 15 MINUTES 20 SECONDS WEST, A DISTANCE OF 401.95 FEET; (8) THENCE SOUTH 2 DEGREES 36 MINUTES 09 SECONDS WEST, A DISTANCE OF 256.87 FEET; (9) THENCE SOUTH 85 DEGREES 31 MINUTES 45 SECONDS WEST, A DISTANCE OF 199.30 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 8717366, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE EAST LINE OF SAID LAND, NORTH 0 DEGREES 15 MINUTES 44 SECONDS EAST, A DISTANCE OF 181.22 FEET; THENCE ALONG THE NORTH LINE OF SAID LAND, NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 323.58 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT “A” AS DEPICTED IN THE REPLAT OF RIGHTER’S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE SOUTH LINE OF SAID LOT “A”, NORTH 89 DEGREES 50 MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE ALONG THE EAST LINE OF SAID LOT “A”, NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 251.56 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, BEING THE CENTERLINE OF ORANGE ROAD, CONCAVE TO THE NORTH, HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF 19 DEGREES 18 MINUTES 44 SECONDS, AND A CHORD OF 112.38 FEET BEARING NORTH 67 DEGREES 34 MINUTES 35 SECONDS EAST; THENCE EAST ALONG SAID CENTERLINE CURVE, A DISTANCE OF 112.92 FEET; THENCE SOUTH 0 DEGREES 11 MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF BOGUE’S MAJOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8932797, AS RECORDED IN THE OFFICE OF SAID RECORDER AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 9331954, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE BOUNDARY OF SAID LAND THE NEXT THREE (3) COURSES; (1) SOUTH 26 DEGREES 45 MINUTES 04 SECONDS EAST, A DISTANCE OF 66.96 FEET; (2) THENCE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 556.25 FEET; (3) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 729.56 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION WHICH INCLUDES LOTS 1 THROUGH 5 INCLUSIVE, OF THE VILLAS AT LAKE BLACKTHORN SECTION ONE, AS SHOWN ON THE FINAL PLAT, RECORDED APRIL 21, 2003, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, AS INSTRUMENT #0323151. SAID DESCRIBED TRACT CONTAINING 56.25 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, AND RIGHT OF WAY OF RECORD. and this property which has Tax Key Numbers as listed in Exhibit A to this Resolution, 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; 12 REGULAR MEETING MAY 12, 2008 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: 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 commencing from November 12, 2008, or the date of the adoption of this Resolution by the Common Council whichever date is later. 13 REGULAR MEETING MAY 12, 2008 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 commencing from November 12, 2008, or the date of the adoption of this Resolution by the Common Council whichever date is later. 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 RESOLUTION NO. 3865-08 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 THE VILLAS AT LAKE BLACKTHORN – SECTION II, LOCATED ON APPROXIMATELY 2.7 ACRES NORTH OF BRICK ROAD, EAST OF ORANGE ROAD AND WEST OF THE U.S. 31 BYPASS AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. 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 6735BLACKTHORN HARBOR DRIVE, 6747 BLACKTHORN HARBOR DRIVE (OR 4808 ORANGE ROAD), 4736 ORANGE ROAD (OR 6740 BLACKTHORN HARBOR DRIVE) AND 6716 BLACKTHORN HARBOR DRIVE (OR 4739 PORTSIDE DRIVE) ALL IN THE VILLAS AT LAKE BLACKTHORN – , SECTION II South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTIONTWO 14 REGULAR MEETING MAY 12, 2008 PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER, SAID POINT BEING MARKED BY A 1 1/2” DIAMETER ROD; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1490.78 FEET TO A POINT LYING NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 3467.01 FEET FROM A 1” DIAMETER ROD, 0.3 FEET BELOW , GRADEMARKING THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 1200.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 296.75 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 387.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 3.26 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 300.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 41.02 FEET TO THE WESTERLY RIGHT OF WAY OF PORTSIDE DRIVE AND A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 34 DEGREES 42 MINUTES AND 00 SECONDS, AND A CHORD OF 134.19 FEET BEARING SOUTH 17 DEGREES 17 MINUTES 40 SECONDS WEST; THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT OF WAY CURVE, A DISTANCE OF 136.27 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF 571.74 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 388.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 2.7 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RIGHT OF WAY OF RECORD. and this property which has Tax Key Numbers 25-1010-017403, 25-1010-017428, 25- 1010-017429 and 25-1010-017728, 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 15 REGULAR MEETING MAY 12, 2008 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: 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 commencing from July 28, 2008, or the date of the adoption of this Resolution by the Common Council whichever date is later. 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 commencing from July 28, 2008, or the date of the adoption of this 16 REGULAR MEETING MAY 12, 2008 Resolution by the Common Council whichever date is later. 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 these bills this afternoon and voted to send them to the full Council with a favorable recommendation. Additionally, Councilmember Dieter disclosed that he owns real estate in the Villas at Lake Blackthorn and after discussion with Council Attorney Kathleen Cekanski-Farrand it has been determined that there is no conflict of interest in this matter. Donna Chamblee, Vice-President, Operations, Cooreman Real Estate Group, Inc., 4407 Technology Drive, South Bend, Indiana, made the presentation for these bills. Ms. Chamblee advised that Section I of the subject subdivision was granted five-year residential real property tax abatement on December 9, 2002, through Common Council Resolution number 3138-02. The Redevelopment Commission also approved the tax abatement petition through Resolution Number 1917 on November 1, 2002. The Common Council’s resolution confirmed its earlier declaratory resolution designating Section I as a Residentially Distressed Area (RDA) and that designation was limited to five calendar years from the date of the passage of the declaratory resolution, which was November 12, 2002. Ms. Chamblee stated that economic market factors, including the tightening of the credit market and the decline of real estate property values, have compounded the impact of the higher than comparable city taxes in this subdivision. Additionally, the majority of the unsold property in this neighborhood is located adjacent to the US 31 Bypass – a negative that has proven to be an immitigable factor in the slow growth of sales. 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 these Resolutions. Councilmember Puzzello made a motion to adopt Bill No. 08-45. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Varner made a motion to adopt Bill No. 08-46. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 17 REGULAR MEETING MAY 12, 2008 BILLS – FIRST READING BILL NO. 24-08 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 2900 BLOCK OF SOUTH MAIN STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 25-08 FIRST READING 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 GERMAN TOWNSHIP, CONTIGUOUS THEREWITH’; COUNCILMANIC DISTRICT 1, WAGGONER FARM DEVELOPMENT, L.P. SECTION 2, 51270 MAYFLOWER ROAD, SOUTH BEND, INDIANA Councilmember Puzzello made a motion to refer this bill to the Zoning & Annexation Committee and set it for Public Hearing and Second Reading on June 23, 2008 and Third Reading on July 14, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 26-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 13, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on June 9, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 27-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1,000,000.00 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT FUND, FUND 434, FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on May 27, 2008. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 18 REGULAR MEETING MAY 12, 2008 BILL NO. 28-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $178,320 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM 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 May 27, 2008. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 29-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE FUNDS FROM VARIOUS ACCOUNTS: $2,000,000 FROM UDAG FUND (#410); $110,000 FROM EDIT FUND (#408); AND $105,000 FROM EMERGENCY MEDICAL SERVICES FUND (#288) FOR VARIOUS COSTS 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 May 27, 2008. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 30-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE $2,000,000 FROM LOCAL ROADS AND STREET FUND (#251) FOR IMPROVEMENTS AT THE IRONWOOD/MCKINLEY INTERSECTION This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Pubic Hearing and Third Reading on May 27, 2008. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 31-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE $218,963 FROM GENERAL FUND (#101) FOR 2007 ELECTION COSTS 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 May 27, 2008. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. 19 REGULAR MEETING MAY 12, 2008 BILL NO. 32-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE EAST/WEST ALLEY NORTH OF LASALLE AVENUE FROM NOTRE DAME AVENUE EAST ALONG THE NORTH LOT LINES OF LOTS 7, 8 AND 9 OF DUNN’S SUBDIVISION FOR A DISTANCE OF 116 FEET AND A WIDTH OF 10 FEET BEING A PART OF THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Pubic Hearing and Third Reading on May 27, 2008. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS APPEAL OF A CERTIFICATE OF APPROPRIATENESS FOR 710 PARK AVENUE – HISTORIC PRESERVATION COMMISSION Kathleen Cekanski-Farrand, Council Attorney, stated the rules governing the appeal to the South Bend Common Council: She stated that the Petitioner will have twenty (20) minutes maximum to present their case in chief which shall include: ? Specific issues under review ? Statement of position by the petitioner, petitioner’s attorney (if any) ? Witness statements, if any ? Requested action Historic Preservation Commission (HPC) will have twenty (20) minutes maximum which shall include: ? Statement of position by the HPC attorney ? Witness statements, if any ? Requested action Petitioner will have five (5) minutes of rebuttal statements to the case in chief presented by HPC. Common Council questions and disposition portion will have a maximum of fifteen (15) minutes. The Common Council shall review actions of the HPC which are appealed and determine such action was: 1. Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with applicable law; 2. Contrary to constitutional right, power, privilege, or immunity; 3. In excess of statutory jurisdiction, authority, limitations or statutory rights; 4. Without observance of procedures requirement by applicable laws and ordinances; or 5. Unsupported by substantial evidence. 20 REGULAR MEETING MAY 12, 2008 A roll call vote by the City Clerk shall be taken on a properly made motion and second either sustaining the action of the HPC or overruling their decision. Reasons for the motion shall be articulated in the record. Mr. Robert E. Rodes, Jr., Attorney at Law, 320 Law Bldg., Notre Dame, Indiana, represented the petitioner Georges Enderle and Xiaohui Ma, husband and wife. Mr. Rodes advised that this appeal is from the denial by the Historic Preservation Commission of Application #3008-0214 for a Certificate of Appropriateness regarding the petitioner’s home at 710 Park Avenue, South Bend. He stated that this appeal turns on questions of law, as to which the Standard of Review is de novo. He stated that the issue is whether the Commission has authority to deny a Certificate of Appropriateness for a treatment of windows that will improve the comfort and energy efficiency of the house without its external appearance. Mr. Rodes stated that the home is located at 710 Park Avenue and is occupied by the petitioner as their home. He stated that the home is designated an historic landmark, and is located within the Chapin Park Historic Preservation District. During the winter of 2005-2006, the petitioner’s became convinced that for comfort and for saving on fuel costs certain of their windows should be fitted with double glazing inset of the single panes of glass currently in place. Accordingly, beginning in August, 2006, they entered into discussions with the Commission staff to seek a Certificate of Appropriateness for the project. After some months of discussion, it appeared that no agreement could be reached, so the petitioners filed application #2007- 1107 without staff approval. That application was voted on inconclusively at the November, 2007 meeting of the Commission. It was continued through the December, 2007 meeting at the petitioner’s request, because one of the Commissioners had suggested an alternative that seemed worth exploring. It was taken up at the January, 2008 meeting, at which yet another alternative was brought forward. Counsel for Applicants agreed to a further continuance so that an alternative could be considered. On the basis of that consideration, Applicants filed their Application #2008-0214, embodying the new alternative. Mr. Rhodes stated that the Commission did not formally adopt a statement of reasons for the denial. Rather, the members stated their reasons individually. The reasons were summed up by Ms. Hostetler, the Director of the Commission, she stated, “First and Foremost is the Commission’s rationale that these windows “can be restored and reused in place.” And then went on to state that “The consensus among the Commissioners is that these windows can be repaired and should not be replaced with modern materials.” Mr. Rodes noted that the Commissioners, in giving their reasons, made no claim that the proposal would affect the appearance of the house from the street. Mr. Rodes advised that this building is subject to the Commission’s Preservation Standards for Group B Landmarks. The proposed work is a “treatment” within the language of those standards: “Treatment shall be defined as any change of surface materials that will not alter the style or original form.” The applicable standard says “A treatment change of any surface… may require a Certificate of Appropriateness if it significantly alters the appearance of the landmark.” The Applicants’ proposed treatment does not significantly alter the appearance of the house. Mr. Rodes also stated that the building is of course also subject to the Commission’s Guidelines for the Chapin Park Historic District, which calls for leaving original windows exactly as they are unless they are deteriorated beyond repair. Mr. Rodes stated that the petitioner concedes that what they propose to do is inconsistent with the requirements embodied in this language of the Guidelines. It is the petitioners’ position that these requirements exceed the authority of the Commission. Mr. Rodes stated that the denial of this application is inconsistent with Section 21-13.02(f)(1) of the Municipal Code which says that the Historic Preservation Commission may adopt only those standards necessary to prevent such alteration which is not in keeping with the purpose and intent of this article. The purpose and intent are not specifically stated, but they can be inferred from Section 21-13.02(e)(5)(B)(1), which requires the Commission in deciding on an application for a Certificate of Appropriateness to consider: Appropriateness of the proposed…alteration…to the preservation of the historic landmark, specifically, and/or the Historic Preservation District, generally. That is, the Commission is to take into account the general character of the building, if it is a historic landmark, and the general ambience of the district, whether or not the building is a historic landmark. This language does not authorize the Commission to limit 21 REGULAR MEETING MAY 12, 2008 homeowners to nineteenth century technology. Mr. Rodes stated that this interpretation is supported by Section 21-13.02(f)(2), which limits the authority of the Commission to “exterior features.” According to The American Heritage Disctionary, a “feature” is “The make-up, shape, proportions, form, or outward appearance of something,” or “Any prominent or distinctive aspect, quality, or characteristic.” Other meanings of the term, such as those pertaining to faces or showings of films, are not relevant here. Given this definition, it stands to reason that work the Commission is authorized to prevent must at least involve a change in the outward appearance of a building, or in some prominent or distinctive aspect of it. Mr. Rodes stated that similarly, Section 21-13.02(d)(5)(D)(ii), gives interim protection to a potential historic landmark only against “Conspicuous” alteration. Mr. Rodes stated that if the Council, in enacting the Ordinance, had intended to forbid inconspicuous alterations of designated historic landmarks, it would not have allowed such alterations while the designation was pending. The Commission itself apparently adopted this interpretation of the Municipal Code when it limited the application of its Group B Landmark Standard to treatment the “significantly alters the appearance of the landmark.” Mr. Rodes stated that it is clear that the work proposed in this application will not affect the historical and architectural character of the house, and that it will not be obviously incongruous with the Chapin Park District. Mr. Rodes noted that Municipal Code Section 21-13.02(e)(5)(B)(iii) requires the Commission to consider “the potential hardship that the denial of a certificate of appropriateness would cause the applicant.” Mr. Rodes concluded with that during the lengthy discussion of different proposals for these windows, a number of alternative ways of improving the comfort and energy efficiency of the house were considered. None was satifactory, and one was relied on by any of the Commission members in stating their reasons for denying this application. Mr. Rodes stated that if it is a hardship to live with nineteenth century windows and twenty-first century heating costs, it is one the Commission is willing to have petitioners undergo. Mr. Lawrence J. Meteiver, Assistant City Attorney, City of South Bend, Attorney for the th Historic Preservation Commission of South Bend and St. Joseph County, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana Mr. Meteiver advised that at its meeting of February 14, 2008, the Historic Preservation Commission of South Bend and St. Joseph County (HPC), after hearing extensive evidence and conducting a lengthy deliberation, voted unanimously to deny the owner’s application for a Certificate of Appropriateness for “Four wood ‘tilt-pacs’, double hung (Marvin) in the bay area” for the property located at 710 Park Avenue, South Bend. The HPC urges the Council to affirm its decision, because the HPC had full authority to take the action that it took and because the HPC’s action was not arbitrary, capricious or an abuse of its discretion. The HPC acted rationally, and in accordance with applicable standards and guidelines. Mr. Meteiver stated that there are three issues: 1. Does the HPC have the jurisdiction to take the action it took. 2. Was the action taken by the HPC contrary to law? 3. Was the action taken by the HPC arbitrary and capricious and so unsupported by the evidence that no rational commission member should have voted for the action. Mr. Meteiver stated that the HPC was established by local ordinance adopted by the Council prior to 1977, pursuant to the State Statute existing at the time of the adoption of the local ordinance. The current State Statute provides: If before July 1, 1977, a unit established by ordinance a commission for the purpose of historic preservation, that commission may continue to operate, regardless of whether that ordinance is subsequently amended or is consistent with this chapter.” I.C. 36-7-11-2(a). There can be no challenge to this existence of the HPC. Mr. Meteiver advised that the local ordinance gives the HPC the authority to establish standards for the preservation of structures within historic districts and particularly, the historic landmarks within those districts. The ordinance provides that the HPC has the power and the duty to establish reasonable and just standards for the preservation of historic landmarks and Historic Preservation Districts, including architectural treatment, site development requirements, and provisions concerning construction, reconstruction, alteration, demolition or removal of any building or structure, or parts thereof, Provided, however, that: The Historic Preservation Commission may adopt only those standards necessary to prevent such construction reconstruction, alteration, demolition, or removal which is not in keeping with the purpose and intent of this article; and such standards shall be applicable only to 22 REGULAR MEETING MAY 12, 2008 the exterior features of historic landmarks and of buildings or structures within Historic Preservation Districts” The Municipal Code of the City of South Bend, Indiana, Section 21-13.02(f). Mr. Meteiver stated that in 2000, the Park Avenue Neighborhood Association Board submitted an application for designation as the Chapin Park Local Historic District. They worked with the HPC to establish guidelines for the district. The HPC, through staff distributed proposed rules and an ordinance for the District. The “Ordinance Amending the Zoning Ordinance of the City of South Bend, Indiana to Create the Chapin Park Historic Preservation District” was enacted in March of 2005. Numerous public hearing were held on the standards, with the public submitting a significant amount of comments. In June of 2005, after a public hearing, the proposed changes to the standards were adopted as “A Guidebook for South Bend Indiana’s Chapin Park Local Historic District.” On July 1, 2005 those guidelines were posted on line with links of such postings provided. The ordinance adopted by the Council makes specific provisions for the HPC’s authority to decide the Owner’s Application for a Certificate of Appropriateness: “The Historic Preservation Commission shall issue a certificate of appropriateness before any one of the following actions is taken: the construction, reconstruction, alteration, demolition or moving of any exterior feature of any building, structure, or use. In making such determination, the Historic Preservation Commission shall consider the follows: appropriateness of the proposed construction, reconstruction alteration, demolition or moving to the preservation of the historic landmark, specifically, and/or the Historic Preservation District, generally; the detriment to the public welfare if the proposed construction, reconstruction, alteration, demolition or moving is permitted even though it is not deemed appropriate; and the potential hardship that the denial of a certificate of appropriateness would cause the applicant. Mr. Meteiver stated that the HPC clearly has the jurisdiction to act with regard to the Owner’s Application for a Certificate of Appropriateness. Mr. Meteiver advised that the petitioners allege that three bases to find that the HPC has acted contrary to law. The denial of this application is inconsistent with Section 21-13.02(f)(1) of the Municipal Code. The powers of the Commission should be interpreted in the light of I.C. 36-7-11. The denial of this application would cause hardship to applicants. Mr. Meteiver stated that the requirements of Section 21-13.02(f) were set forth above. Succinctly, the HPC has authority to adopt such standards as are reasonably necessary to preserve exterior features of structures within historic districts and of historic structures. The Chapin Park Local Historic District sets forth specific requirements with respect to Windows and Doors: “Original windows and doors shall be retained including sashes, lintels, sills, shutters, decorative glass, pediments, hoods and hardware. When deteriorated beyond repair, they shall be replaced with units and trim resembling the original.” (A Guidebook for South Bend Indiana’s Chapin Park Local Historic District, Section II. Existing Structures, C. Windows and Doors.) Similar looking units may be substituted only when the original unit is deteriorated beyond repair. The evidence presented at the hearing on the petitioners application of a Certificate of Appropriateness overwhelmingly demonstrates that the windows involved in the Application are not deteriorated beyond repair. No less than three “Witnesses” stated that the windows can be and should be restored rather than replaced as the owners wish to do. There is not one shred of evidence to the contrary. The owners acknowledge that the windows can be reused as they offered to store them for future use. Mr. Meteiver stated that the owners argue that the HPC has misapplied the “Hardship Exception.” This argument also fails. Simple additional financial burdens do not rise to the level of a hardship. It is going to be more expensive to repair and maintain architecturally historic structures. The added expense of securing historically accurate materials in the repair of these homes is not, in and of itself, a hardship. These types of financial burdens exist for all such structures. Mr. Meteiver stated that the HPC urges the members of the Council to focus on the issues in this appeal. Mr. Meteiver stated that the Council should find that the HPC had full authority to take the action that it took and that its action was entirely consistent with the law. Councilmember Dieter stated that the owners were given an “A Guidebook for South Bend Indiana’s Chapin Park Local Historic District,” outlining the rules and regulations and were fully aware and admit that what they want to do is inconsistent with those regulations. Councilmember Dieter stated that he would be voting to sustain the action of the HPC. 23 REGULAR MEETING MAY 12, 2008 Councilmember Henry Davis stated that he normally would side with the homeowner. However, he questioned the sincerity of the homeowner because they did not attend tonight’s Council Meeting. Councilmember LaFountain stated that he still has mixed feelings about the appeal. He noted that a home owner has prior knowledge about what they are signing on for when you purchase a home in a Historic District. However, if there are issues of energy efficiency then that also needs to be addressed, especially with fuel costs at an all time high in the nation. Councilmember Puzzello stated that the home owners knew what they were getting into by moving into a Historic District. She advised that she will be voting to sustain the HPC actions. Councilmember White advised that she will be voting to sustain the HPC’s action because the owners were aware of their obligation when they purchased the home. Councilmember Rouse stated that he is concerned about the energy efficiency for the home owner and hopes that they can continue to work together with the Historic Preservation Commission to resolve this issue. Councilmember Rouse stated that with heating costs going up, it is imperative that the issue be resolved. Councilmember Varner stated that preservation of the home is within the Historic Preservation Commission’s jurisdiction. He also noted that he is also concerned with the home owner’s concerns for energy efficiency and questions, whether or not restoring the windows would provide that. Councilmember Oliver Davis stated that he will be voting to sustain the Historic Preservation Commission’s action. Councilmember Kirsits stated that he believes that the HPC has the jurisdiction and believes that it is in the best interest for the home owner to restore and reuse the windows in place. Councilmember Dieter made a motion to sustain the Historic Preservation Commission’s ruling. Councilmember LaFountain seconded the motion which carried by a roll call vote of nine (9) ayes. NEW BUSINESS Councilmember White advised that the Urban Enterprise Association met this past week. She advised that the Sample Street Complex is approximately 65% occupied. Councilmember Oliver Davis stated that he attended the Rum Village Neighborhood Association. He noted that they are excited about the changes that are about to take place with the demolition of the South Bend Lathe/Studebaker Buildings and the development that will located in the Studebaker/Oliver Development Area. Councilmember Rouse stated that he attended the Solid Waste Management Board meeting. He advised that they are in the process of taking bids on the curbside recycling. He also noted that they are currently working on the wage structure for staff. Councilmember Rouse stated that the River Park Parade will take place this Saturday, May 17, 2008 at 9:00 a.m. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. 24 REGULAR MEETING MAY 12, 2008 ADJOURNMENT There being no further business to come before the President Timothy Rouse adjourned the meeting at 8:47 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Timothy Rouse, President 25