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HomeMy WebLinkAbout04/23/07 Council Meeting MinutesREGULAR MEETING APRIL 23, 2007 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, Apri123, 2007 at 7:00 p.m. The meeting was called to order by Council Vice-President Ann Puzzello and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter Charlotte Pfeifer Roland Kelly Ann Puzzello Ervin Kuspa David Varner Timothy Rouse Karen L. White Absent: Al "Buddy" Kirsits 1st District 2nd District 3rd District 4th District Vice-President 6th District 5th District At-Large President At-Large Chairperson Committee of the Whole At-Large OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice L Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMIyIITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the Apri19, 2007 meeting 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 Apri19, 2007 meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS REGULAR MEETING APRIL 23, 2007 RESOLUTION NO. 3734-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING SOUTH BEND FIRE CHIEF LUTHER J. TAYLOR FOR AN EXEMPLARY 34-YEAR PUBLIC SAFETY CAREER AND FOR HIS MORE THAN 21 YEARS F LEADERSHIP & SERVICE BEYOND THE CALL OF DUTY AS SOUTH BEND FIRE CHIEF FROM 1985 TO 2007 Whereas, the Common Council of the City of South Bend, Indiana, notes that on October 16, 1972, Luther J. Taylor was sworn in as a firefighter on the South Bend Fire Department and was assigned to Station # 7 located at 1616 Portage Avenue, where he worked as the fire department's lgt "tillerman" on the station's ladder truck; and Whereas, based on his willingness to help, and his courage, strength and desire to serve unselfishly, Luther J. Taylor quickly rose through the ranks and was promoted to Captain of an Engine Company in 1976, promoted to Battalion Chief for fire suppression in 1980, and on October 25, 1985, was named the 28~` Fire Chief of the South Bend Fire Department by Mayor Roger O. Parent; and is the longest serving Fire Chief in the fire department's long and stellar history; and Whereas, the Common Council recognizes that during the 21+ years as Fire Chief and more than 34 years of exemplary service on the South Bend Fire Department, Fire Chief Taylor has exemplified the very best of the Maltese Cross which is depicted on the patch worn on the uniform of every sworn firefighter, which manifests the very best of gallantry, loyalty, perseverance, sympathy, dexterity, explicitness, observation, and tact"; and Whereas, the camaraderie of the brave men and women who have served under Fire Chief Taylor over the many years; his emphasis on training and his dedication to having the very best of gear and equipment; the construction of the new Central Headquarters, Fire Station # 10 and Fire Station # 2, and renovations of other fire facilities; the many successful and positive labor negotiations with the South Bend Firefighter's Association Local No. 362 of the International Association of Firefighters AFL-CIO; increasing the department from 211 to 248 sworn firefighters; providing professional fire services to the University of Notre Dame since 1989; playing a pivotal role in establishing countywide Emergency Medical Service operations in 1997; increasing the number of ambulances from two to seven; overseeing an annual Fire Department budget of more than $23 million; creating a haz-mat response team; special operation units for river rescue, tactical rescue, confined space, and trench and structural collapse rescue; instituting an annual physical program; implementing a 5-year vehicle replacement program; staffmg neo-natal ambulances at Memorial Hospital; computerizing all eleven (11) fire stations; and instituting a promotion system---are just some of the many, many accomplishments and some examples of the vision which Fire Chief Luther Taylor and his extraordinary administrative sworn and civil staff members have provided in making the South Bend Fire Department "One of the Best in the Midwest" culminating in a rich and enduring legacy. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section L On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council is especially proud to honor and formally salute South Bend Fire Chief Luther J. Taylor for his outstanding 34-year public safety career on the South Bend Fire Department. The Council truly believes that Chief Taylor exemplifies par excellence the very best of leadership and public service, and is a true role model to firefighters across the nation. The Common Council hereby commits to continue to work with the City Administration to make the regional training center which Chief Taylor has proposed a REGULAR MEETING APRIL 23, 2007 reality so that it will represent another lasting tribute to Chief Taylor's dedication to firefighter training. Section IL The Council believes that Luther J. Taylor truly deserves to call in "10-7" (out of service). A very "Grateful City of South Bend" sincerely wishes him and his wife, Gwen, all the best in the years ahead and know that he will be "10-8" (in service) in activities throughout our great city, while also enjoying his many interests as a machinist, working with antique cars, working with youth; and we especially wish Chief and Mrs. Taylor many, many wonderful visits to Indianapolis to be with their grandchildren and children. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, lgt District s/Charlotte D. Pfeifer, 2nd District s/Roland Kelly, 3~d District s/Ann Puzzello, 4~` District s/Dr. David Varner, Sd` District s/Ervin Kuspa, 6d` District s/Timothy A. Rouse, At Large s/Al "Buddy" Kirsits, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand, Council Attorney Attest: Adopted this 23~d day of April, 2007 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Timothy A. Rouse, 605 N. Cherry Tree Lane, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Fire Chief Luther Taylor. 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. Chief Taylor thanked the Council for this honor and stated that it has been a privilege to serve as the Fire Chief for the City of South Bend for 21 plus years and more than 34 years of service on the South Bend Fire Department. Chief Taylor stated that it was not his intention to stay this long and commended all his fellow firefighters. He stated that he would very much like to see the continued work towards the construction of the regional training center. Chief Taylor thanked Mayor Roger O. Parent, Mayor Joseph E. Kernan and Mayor Stephen J. Luecke for their confidence in him to remain as Fire Chief over the years. Chief Taylor further noted that he would like to continue to be involved in the Community that has treated him so well. Additionally, Councilmembers, Dieter, Pfeifer, Kelly, Puzzello, Varner, Kuspa and White offered comments and thanked Chief Taylor for his years of service on the South Bend Fire Department. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Dieter seconded the motion which carried. REGULAR MEETING APRIL 23, 2007 RESOLUTION NO. 3735-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE 2006-2007 UNIVERSITY OF NOTRE DAME MEN'S ICE HOCKEY TEAM FOR WINNING THEIR FIRST- EVER CENTRAL COLLEGIATE HOCKEY ASSOCIATION (CCHA) CHAMPIONSHIP Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that the University of Notre Dame 2006-2007 Men's Ice Hockey Team won its first-ever Central Collegiate Hockey Association regular season title and the CCHA tournament championship; and Whereas, the Council notes that the University of Notre Dame Men's Ice Hockey Team, under Head Hockey Coach Jeff Jackson had an overall record of 32-7-3 and a record in the CCHA of 21-4-3 during the 2006-2007 season; with Coach Jackson being named the CCHA Coach of the Year at the CCHA Awards Banquet held in Detroit, Michigan on March 15~`' and also winning the Spencer Penrose Award as the NCCA Division 1 Coach of the Year; and Whereas, the South Bend Common Council recognizes that University of Notre Dame Men's Ice Hockey Program has a long and rich history which includes teams coached by Charles "Lefty" Smith from 1968-1987; and that the Common Council wishing to honor each and every person associated with the victorious and multi-talented University of Notre Dame 2006-2007 Men's Ice Hockey Team, namely: # 1 Jordan Pearce # 14 Brock Sheahan # 25 Christian Hanson # 2 Kyle Lawson # 15 Christiaan Minella # 26 T. J. Jindra # 3 Brett Blatchford # 16 Dan Kissel # 27 Michael Bartlett # 4 Dan VeNard # 1S Evan Rankin # 30 David Brown # 6 Noah Babin # 19 Wes O'Neill # 31 Tom O'Brien # S Josh Sciba # 20 Tom Sawatske # 33 Garrett Regan # 9 Ryan Thang # 21 Kevin Deeth Head Coach Jeff Jackson # 10 Justin White #22 Jason Paige Associate Head Coach Paul Pooley # 11 Erik Condra # 23 Mark Van Guilder Assistant Coach Andy SlaggeM # 12 Stewart Carlin # 24 Brian D'Arcy Volunteer Asst Coach Mike McNeill Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section L On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby congratulates each and every member of the 2006-2007 UNIVERSITY OF NOTRE DAME MEN'S ICE HOCKEY TEAM for winning their first-ever Central Collegiate Hockey Association Championship; with Notre Dame having the top-rated penalty killers in the CCHA as well as in the nation by killing penalties at a 91% success rate in 2006-2007; and setting a CCHA record of going from "worst to first' in just one season. Section IL The South Bend Common Council believes that the hard-work, discipline, dedication, and special talents demonstrated by the student-athletes through their shots, goals, assists, power plays, and face-offs of the entire University of Notre Dame 2006-2007 Men's Ice Hockey Team, has enabled each of these student-athletes to be excellent role models in the classrooms and on the ice rinks; with each team member bringing the highest of honors to themselves, their family and friends, the University of Notre Dame, ND alum and fans, and all of the residents of the City of South Bend, Indiana. Go Irish and the Council looks forward to seeing you in our Chambers again next year! Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. REGULAR MEETING s/Derek D. Dieter, lgt District s/Charlotte D. Pfeifer, 2nd District s/Roland Kelly, 3~d District s/Ann Puzzello, 4~` District s/Dr. David Varner, Sd` District APRIL 23, 2007 s/Ervin Kuspa, 6d` District s/Timothy A. Rouse, At Large s/Al "Buddy" Kirsits, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand, Council Attorney Attest: Adopted this 23~d day of April, 2007 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Roland Kelly, 1325 E. Wayne, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to the team and coaches. 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. T. J. Jindra, Captain, Notre Dame Men's Hockey Team, thanked the Council for this honor. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Puzzello seconded the motion which carried. RESOLUTION NO. 3736-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING THE SOUTH BEND CIVIC THEATRE FOR WINNING THE 2007 AMERICAN ASSOCIATION OF COMMUNITY THEATRE INDIANA COMMUNITY DRAMA COMPETITION Whereas, the Common Council of the City of South Bend notes that the American Association of Community Theatre (AACT), of Lago Vista, Texas, was founded in 1986 and is the "national voice of community theatre" by representing over 7,000 theatres across America, and Whereas, the mission of the AACT is to "foster and encourage the development of, and commitment to, the highest standards by community theatres, including standards of excellence for production, management, governance, community relations and service"; and Whereas, the Common Council further notes with extreme pride and admiration that the South Bend Civic Theatre is located near the heart of downtown at the recently remodeled building located at 427 North Main Street and is another community jewel in our community; and Whereas, the 2007 AACT Annual State Drama Competition was recently held in Terre Haute, Indiana, with the South Bend Civic Theatre's presentation of "The Gin Game" winning the "Best Show Honors" as well as being named the "Best in Competition" in the areas of sound design and set decoration; and REGULAR MEETING APRIL 23, 2007 Whereas, the South Bend Common Council is proud to recognize that this is the 2nd time in the last four (4) years that the South Bend Civic Theatre has won 1 sc Place Honors in the overall competition at the state level. Now, Therefore, be it resolved, by the Common Council of South Bend, Indiana, as follows: Section L On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council publicly honors and acknowledges all of the individuals associated with the SOUTH BEND CIVIC THEATRE for their many excellent talents in winning (like they did in 2004) lgt Place Honors at the 2007 Indiana Community Drama Competition of the American Association of Community Theatre. Section IL The South Bend Common Council would especially like to publicly wish the very best to all of the hard-working, innovative and creative persons associated with the SOUTH BEND CIVIC THEATRE as they advance to the AACT Regional Finals to be held in Schaumburg, Illinois on Apri127-29, 2007, where they will compete to represent the Great Lakes Region at the AACT's National Competition this June in Charlotte, North Carolina. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, lgt District s/Charlotte D. Pfeifer, 2nd District s/Roland Kelly, 3~d District s/Ann Puzzello, 4~` District s/Dr. David Varner, Sd` District s/Ervin Kuspa, 6d` District s/Timothy A. Rouse, At Large s/Al "Buddy" Kirsits, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand, Council Attorney Attest: Adopted this 23~d day of April, 2007 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Ann Puzzello, 1247 East 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 Mr. Jim Coppens. 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. Mr. Coppens thanked the Council for this honor. Mr. Coppens introduced Ms. Mary Ann Moran who will also be representing the South Bend Civic Theatre in the Great Lakes Region at the AACT's National Competition this June in Charlotte, North Carolina. Additionally, Councilmember's Dieter, Pfeifer, Kelly Varner, and White offered comments and thanked Mr. Coppens and Ms. Moran for their dedication and commitment to the South Bend Civic Theatre. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Pfeifer seconded the motion which carried. REGULAR MEETING APRIL 23, 2007 RESOLVE INTO THE COMIyIITTEE OF THE WHOLE At 7:45 p.m. Councilmember Kelly made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2- ll of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 34-OS PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3400 BLOCK OF NORTHSIDE BOULEVARD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT #3, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to continue this bill until the June 25, 2007 meeting of the Council at the request of the Petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 17-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND Mi.JNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 8 ENTITLED RESIDENTIAL LAWN PARKING REGULATIONS Councilmember Pfeifer made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Health and Public Safety Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Councilmember Ann Puzzello 1247 E. LaSalle, South Bend, Indiana, made the presentation for this bill. Councilmember Puzzello advised that the topic of lawn parking is being addressed in three (3) separate bills. Bill No. 17-07 addresses residential lawn parking and the problem from a public safety perspective. She noted that this bill that is being heard tonight will be enforced by Police Officers. This Ordinance will compliment Bill No. 16- 07 which addresses the zoning ordinance prohibiting lawn parking. This bill will be enforced by the Department of Code Enforcement. She noted that "Special Event Parking" bill has not yet been written and will not be addressed in either of the proposed ordinances, and that that topic would be submitted at a later time. Councilmember Puzzello stated that there has been discussion with residents who are concerned that do not have a place to park their vehicle. Councilmember Puzzello noted that they are aware that there are many places in South Bend, especially in older neighborhoods where it is difficult to find a place to park a car, because there are either too many cars on the street already or due to the lack of a driveway or a garage. She noted that they will be working on that problem and continue discussion and monitor this bill as time goes on, as well as amend the ordinance if needed. Councilmember Puzzello stated that the passage of this REGULAR MEETING APRIL 23, 2007 ordinance will be a major step in restoring pride in residential neighborhoods throughout the City. Catherine Toppel, Director, Code Enforcement, 13~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, spoke in favor of this bill. She gave background information on the front setback regulation. In May, 2004, the Council passed a new zoning ordinance for the City of South Bend. Inadvertently, the provision regarding front setback regulations was not addressed within that zoning ordinance. That was discovered in June 2005 in the St. Joseph Circuit Court came down with that interpretation, so it was only during that time from May 2004 and July 2005 that the City has had an aggressive front-yard set back enforcement procedure in place with regard to ticketing through the zoning ordinance. She stated that she is in support of this bill, in that this does become a public safety issue, in addition to a quality of life issue. Front setback parking must be regulated to protect the quality of life that exists in neighborhoods. She stated that she receives numerous phone calls in her department, everyday; someone in her office receives a telephone call regarding parking in the front yard. While it is very unfortunate, the neighborhoods are driven by the perception of what is happen in those neighborhoods. Parking on the front yard gives off the perception to potential home buyers that there is an "I don't care attitude" in that neighborhood. The potential home buyer will go outside the City to purchase their home. The safety aspect is that we teach our children to ride their bikes on the sidewalk to watch out for cars backing out of driveways. With parking on front lawns, this makes it especially hard for these children or pedestrians or anyone utilizing the sidewalk to have to watch very closely the entire aspect of the front yard, not just driveways. She noted that there will always be some objection to this kind of ordinance, especially residents that live in the older neighborhoods within the City, that do not have a garage or driveway, and the streets are very narrow, and their only access to their property is off of an alleyway. Ms. Toppel submitted photographs and they are on file in the Office of the City Clerk for review. She noted that these photographs were taken in the fall of 2006 by Code Enforcement Inspector's. During the committee meeting this afternoon a comment was made that residents won't have a place to park on the street, therefore, they need to park on their properties. There are twenty-four (24) photographs, out of those twenty-four (24), fifteen (15), almost two-thirds (2/3), clearly show parking available in the driveway or on the street, but the vehicle is parked in the front yard. These pictures were taken just by chance; the inspectors were not out looking for these situations. There will be areas in the City that are clearly going be affected more by this ordinance, but those situations can be address, by the inclusion of pocket parking or amendments to the public safety ordinance. With regards to the rear yards the South Bend Zoning Ordinance has always required hard surface parking on property. Because of the grandfathering clause, if the resident has been doing that since prior to 1968, Code Enforcement has taken those complaints on a case by case basis. Ms. Toppel stated that they are not patrolling the area, because in more cases than not, we run into a grandfather situation. Code Enforcement does regulate rear yard parking and address that issue on a complaint basis. This ordinance will give the South Bend Police Department and the Department of Code Enforcement an additional tool, to address the quality of life issues in the neighborhoods, currently there is no ordinance in place. This in addition to the proposed zoning regulations and "Special Event" parking is something that the City of South Bend needs. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Lucille Spaulding, 1124 N. Meade Street, South Bend, Indiana, spoke in favor of this bill. Ms. Spaulding stated that she lives in one of the older neighborhoods and parks on the street, only because it is a safety issue of parking her car on the garage. She stated that she also attends the Lincolnway West Neighborhood Steering Committee meetings and this has been a continuing problem that is brought up month after month. She is in favor of the parking ban in front yards; it makes the neighborhood look junky and brings property values down. This also does not make South Bend look attractive. Just on her way to work this morning, she passed seven (7) vehicles parked on lawns and that was just a ten (10) block area. Further down, there were four (4) vehicles parked on a back lawn and another vehicle was parked halfway on the lawn and driveway. This is a big REGULAR MEETING APRIL 23, 2007 problem throughout the City all year long. Day after day, vehicles are parked on sidewalks, which is a public hazard. Mr. James A. Masters, 211 W. Washington, Suite 1800, South Bend, Indiana, advised that he appreciates the Council time and energy that they have put towards this bill. Looking back through his notes, he stated that he has been writing letters to the Mayor and Councilmember Varner, since May, 2004, since it came to his attention that the revisions to the zoning ordinance back then deleted a provision that had been in the City Code for decades that prohibited parking in front and side yards. He has been writing to encourage the Council to enact a new set of regulations. He was not aware nor able to attend any of the Council's Committee Meetings concerning this, but he did call to the Council's attention some suggestions, that he feels the Council should consider, especially after the City loses a few court cases. Section 14-42 a says that it is unlawful to park a motor vehicle in the front yard, side yard, rear yard, which abuts a street of a lot which is zoned for residential use, the term residential use is not defined in the ordinance. The term dwelling is defined and interest ling enough it says that a dwelling is a single family dwelling a two family dwelling multiple family dwelling, but not including hotels, motels, boarding houses, lodging houses and a bed and breakfast. Mr. Master stated that it he was in front of a judge, he would argue that that is exactly what residential uses are. There is a problem with the definitions in this ordinance. On that same section in the last line it talks about permitted parking on a hard surface driveway, or approved parking space. What is an approved parking space? There is no definition of that in this ordinance either. If there is a reference to the pocket parking lot, that Councihnember Puzzello spoke about, and it is defined in the ordinance, and then say it. But don't put a term in this section that cannot be defined and just creates confusion. In Section 14-43 a, it shall be unlawful to park a motor vehicle over any part of a sidewalk, now we all know what that means, but maybe it should say on or over a sidewalk. In Section 14-44, after the listing of the fines, it says the City Attorney's Office is further authorized to seek fines not to exceed $2,500.00, for chronic violation of this article by repeat offenders. What does that all mean? Why don't you just say for repeat violations of this article period, instead of putting terms in the ordinance that a Judge is going to have to interpret? In Section 14-44 b, about separate violations the very last line says the fine shall be double the original amount. What is the original amount? Don't you mean the amount stated above. The reason that he calls these questions to the attention of the Council is not because he enjoys nit-picking these things, but we have been working on this thing for two (2) years, lets get an ordinance that can be enforced, lets get an ordinance that's got some teeth in it, lets get an ordinance that doesn't allow for some judge and some court to tie this thing up in knots. There is some provision in this ordinance that states that a property owner had a right to appeal to the City Attorney's Office, if a ticket was issued. Since when do you get to appeal you ticket to the City Attorney's Office? That would be like getting a ticket for driving down S.R. 23 and you get to appeal it to the prosecutor. Hopefully, that is not part of this code, because if you as Councihnember's have dealt with Code Enforcement, you know one of the hundred of excuses you get about something, it the fact that it is tied up in the legal system. Don't create more bureaucracy here that stands in the way of effective enforcement of this ordinance. There was no one else present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. Mr. Steven J. Szabo, 1355 Mishawaka Avenue, South Bend, Indiana, spoke in opposition to this bill. Mr. Szabo advised that this bill might as well be called the Anti-Car, Anti- Property Rights transportation bill, since it clearly discriminates against those who do not have the luxury of living in spacious suburban tract homes on big lots with two and three car garages and broad long driveways, on quiet crime free streets. The problem is that what began as a laudable idea, to spiff up certain main thoroughfares to bolster the City's image, has morphed into a large scale, calculated insensitive and fascist attempt to force people in older neighborhoods, most of whom are not counted as middle class to conform to some privileged suburbanite vision of what our City should look like. All it will cause is the hap-hazard citizens rights of enjoyment of their property. The theme seems to REGULAR MEETING APRIL 23, 2007 clearly be that if enforcement of existing codes cannot make those people get rid of their cars, we will just take away their parking. The upside is that the fines are ridiculous and will bring in big money! That will teach them to live like we want them to. Of course the crafters of this odious bid of work chose to ignore the obvious realties of the situation. First, is the fact that car ownership averages 2.5 cars per house hold. Next, increased population densities in the older neighborhoods have made increased auto population a reality of life. There is an increased density of wage earners in out neighborhoods. This is no longer the day of one wage earner per family. We have two or three people per family that have to real on an automobile to get to their way of living. This is a by product of our economy where it takes two or three jobs to equal what one good factory job used to bring home. There is a predominance of rental property in the older neighborhoods and in many cases those rental properties have increased the density still further of population. All these existing neighborhoods, particularly in the poorer neighborhoods of this City were all built under a whole different set of guidelines, with a whole different set of expectations. They were built in a time when car ownership was unusual If you did have a car, you were lucky to have one, and they were built on small lots, and now we are trying to impose the realities of life today, not some image of what life today, some Ozzie and Harriet image of what life ought to be today, but the reality of life today, on this older neighborhood matrix. It is fifteen pounds of sugar in a five pound bag, it's a classic situation. And yes, it is resulting in some situations that are undesirable, but instead of a surgical strike against that specific targets we got a sledge hammer approach that nails shut every door of opportunity for compliance on a no cost or low cost basis on the part of the residence. Mr. Szabo stated that he can hardly wait to see the flood of appeals to landlords to please spend $6,000 to $8,000 on a concrete slab, so the tenant can park their car on their property. Solutions that are supposedly forth coming non of which satisfy the needs of people involved because they park because it is the right to do so, because of safety, because streets in front of their homes cannot accommodate them. And yet, we are going to shuffle them off to an ugly neighborhood and pocket parking lots. Who really believes that their car will still be there in the morning when they go out, if they are not mugged on the way home at night. These solutions are ill thought out. What we are doing and what we are admitting is that we have created a huge problem, we are going to throw all these cars on the street, and we have no solutions, but we will come up with something. In the meantime, let's go ahead and drop the hammer on everybody, make them pay big money in a hurry, and let the rest of it take care of itself in time. This is heartless, sole less, this is government by fiat, this is government because they can, not because they should. Mr. Stephen Hayes, 1219 White Oak Drive, South Bend, Indiana, spoke opposed to this bill. Mr. Hayes advised that he is the President of the Wooded Estates Neighborhood Association. The association's concerns revolve around what will be handled in the temporary residential special events legislation that is going to be developed by Council President Tim Rouse. The association would like to participate in discussion to make sure that the residents and their opinions and desires are hopefully reflected within that ordinance. Mr. Hayes stated that he would be remiss if he didn't say that bypassing a piece of legislation that in essence bans the parking and hopes that the exception will follow. Many in his neighborhood still feel the way the previous speaker felt in terms of imposing some restrictions on their right to use their property as they see fit. He understands that it was in the legislation previously and was inadvertently left out. Some in his neighborhood would say just because it was a bad law in the previous one doesn't mean you necessarily want to carry it forward. The other thing that many in his neighborhood would want it to actually see the data, such words as may or perhaps or might influence property values etc. He has not seen the data that has been presented, hopefully he will capture it and bring it forward to his group. Otherwise, the last concern in the driveway. The reliance on complaint driven compliance, in his neighborhood they have a busybody that likes to know the Code Enforcement backward and forward and turn that loose upon fellow neighbors. He would hope that the City Council would not be adding to that here. In rebuttal, Councihnember Puzzello stated that her husband came from Italy as an adult, and became a citizen of the United States, and he would highly offend to be called a fascist. Councilmember Puzzello stated that that remark irritates her greatly. She 10 REGULAR MEETING APRIL 23, 2007 expressed to Mr. Szabo, to be careful where he makes comments like that. People from Italy are very much against fascism. Kathleen Cekanski-Farrand, Council Attorney advised that with regard to parking on sidewalks per say is already in the City Code Book, however, the protruding over or the language that is set forth in Section 14-43 is not currently in the Code Book. All of the other suggestions again, with further meetings, the Council can always include those in subsequent bills, since at least two Councihnember's have stated that they would like to go forward. Ms. Cekanski-Farrand stated that both she and Ms. Nash feel comfortable with the way the bill is written. Councilmember Kuspa questioned why can't this be enforced from just the zoning perspective? Kathleen Cekanski-Farrand responded that this bill attacks the problem from a public safety perspective and a public nuisances perspective. At the meeting held last week, the Health and Public Safety Committee heard testimony with regard how to Cities in the State of Indiana have used it from a public safety perspective very effectively. Valparaiso, Goshen and Bloomington have used this type of legislation from a public safety perspective as well as zoning. The problem that was articulated is that often times if you only attack a situation like this from a zoning perspective that is enforced most typically by a Code Enforcement Officer that is off-duty after 4:45 p.m. or 5:00 p.m. By having it from a public nuisance perspective you can also enable the police department to enforce it on a 24/7 basis. The studies that have been done in such cities as Columbus, Ohio; Seattle, Washington; Philadelphia, PA, and even Washington, D.C. where there is chronic parking problems have shown that unless you do it from both perspectives, enforcement would not be viable. Councilmember Pfeifer stated that she admits to having some difficulty with this bill the way it is written. Thinking about the backyard parking, she has no problem with banning parking in the front yard, every neighborhood that she has been in is totally against that and so is she. No problem banning cars or motorcycles, etc., that hang over the sidewalk where people are forced into the street to walk. She stated that she does have a problem with banning back yard parking. She indicated that part of her wants to pass this bill, because her constituents keep asking when is the Council going to pass legislation banning front yard parking. The other part does not feel comfortable banning parking in backyards. She stated that she does have confidence in the Council and with Attorney's Kathleen Cekanski-Farrand and Ann-Carol Nash as well as Code Enforcement Director Catherine Toppel that they will make amendments to this bill as it is monitored. She reiterated again, that this issue has her torn. Councilmember Kelly stated that he to has mixed feelings about this bill. This bill is not perfect by any means, but it's a start. He feels comfortable voting for this bill because of the confidence he has in the Council to bring this issue back for fine tuning and revision. This is a public safety issue in the entire City of South Bend and something has to be done. Councilmember Varner can assure that this bill is not being directed to West Side of town. This issue affects the entire City and every district has a problem with parking in front, side and rear yards. Councilmember Varner stated that he is a big advocate of property rights, however, so do the neighbors. They have the right to enjoy their properties as well. That's what makes this bill so hard to balance. He stated that he can see that there maybe problems with this bill, even with this bill being passed tonight it can be modified with some of the suggestions that have been made tonight. He believes that the neighborhoods in the City would be far better off, than if the Council just simply lets this issue ride, so that another entire season of people parking in front yards continues. He also thinks that it is for the lack of a better word "contagious." If this neighbor is doing the other neighbor will take notice and do it too! Councilmember Rouse stated that he is concerned with the fact that Mr. Master's is the attorney that took the parking issue previously in the Code Book to Court and defeated 11 REGULAR MEETING APRIL 23, 2007 the bill. Councilmember Rouse noted the fact that tonight Mr. Master's stated the same thing, that there are things that need to be corrected in this bill, before the City gets sued again. Councilmember Rouse stated that the Council needs to pass the bill, but the City should lean on the attorney who defeated the other legislation out in Circuit Court and he is standing before this body tonight and essentially said the same thing. This bill is arbitrary, in these five issues. Councilmember Rouse asked if the Council should correct the bill tonight, with the points that Mr. Master's has brought to the Council's attention and then pass the bill. Council Attorney Kathleen Cekanski-Farrand advised that she believes that it would be appropriate for further discussion on this bill. She noted that it is very rare where all attorneys of record agree with regard to terminology. As she reiterated she is willing to work with the City Attorney's Office and Mr. Master's on this bill. The Council can pass this bill tonight and continue to refine it in light of the special events ordinance that is coming forth. Many of those amendments can be a part of this same chapter on public safety. Councilmember Pfeifer stated she recalls some discussion on certain sections that should be in Section 21, of the Municipal Code, Land Use Area, and questioned whether that had been done. Ann-Carol Nash, Assistant City Attorney, 14~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that discussion did take place about some overlap between this bill and some of the same standards being enforced in Chapter 21. At that time she suggested that the standards really go through Chapter 21, and in this situation, she and Ms. Cekanski-Farrand has disagreed with their legal opinions of the matter, but she is certainly willing to continue discussion or if the Council is willing to pass this bill, the Legal Department will live with it. She envisions the enforcement of the standard ultimately being done through Chapter 21, which is clearly laid out. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted, and will continue discussion of this substitute bill within the Health and Public Safety Committee and will take into consideration some of the concerns that were addressed tonight and the issue of back yard parking. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 20-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 1, DIVISION 1 OF THE SOUTH BEND MUNICIPAL CODE, ADDRESSING THE "YOUTH ADVISORY COUNCIL" Councilmember Kelly, Chairperson, Community Relations 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. Councilmember White, 1912 Malvern Way, South Bend, Indiana, made the presentation for this bill. Councilmember White stated that this bill would streamline the selection process for members of the Council's Youth Advisory Council. She advised that this bill would also modify various provisions to assist in updating its overall operations so that they can be more pro-active and effective. The bill reduces the Youth Advisory Council from 19 members to 11 members. It would permit each District Council Member to select a youth representative, with all other youth representatives being selected by the At Large Council Members. The bill would mandate that the application form be able to be downloaded from the City's Internet website on a 24/7 basis. Lastly, the bill would require the Office of the City Clerk to see that activities on the Youth Advisory Council are timely updated and posted on the City's Internet website so that there would be better 12 REGULAR MEETING APRIL 23, 2007 access to such information. Councilmember White further advised that with the Council's support and commitment to the South Bend Youth Advisory Council, that it will become a model in the Midwest. Councilmember'styill have the opportunity to be mentors/liaisons on legislative items, who would work in conjunction with the other liaisons from the Mayor's Office and the schools. Councilmember White stated that she urges the Council's support in re-invigorating the youth council so that their voices will be heard, and so that their talents and energy can be channeled into positive actions and initiatives. 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 Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Kelly made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 8:42 p.m. Council President Tim Rouse presided with eight (8) members present. BILLS -THIRD READING ORDINANCE NO. 9749-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 8 ENTITLED RESIDENTIAL LAWN PARKING REGULATIONS This bill had third reading. Councilmember Puzzello made a motion to amend this bill as it was in the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of eight ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Dieter seconded the motion. The bill passed by a roll call vote of eight (8) ayes. 13 REGULAR MEETING APRIL 23, 2007 ORDINANCE NO. 9750-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 1, DIVISION 1 OF THE SOUTH BEND MUNICIPAL CODE, ADDRESSING THE "YOUTH ADVISORY COUNCIL" This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RF4flT.TTTTflN4 BILL NO. 07-59 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 103 CARLISLE STREET, VACANT LOT ADJACENT TO 1219 COLFAX AVENUE AND VACANT LOTS ADJACENT TO 111 AND 116 WALNUT STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR Ht.JMANITY BILL NO. 07-60 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMON LY KNOWN AS 1022, WEST JEFFERSON, 1216 WEST JEFFERSON, 1342 BISSELL, AND A VACANT LOT AT 1338 BISSELL AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR Ht.JMANITY Councilmember White made a motion to combine these bills for purposes of Public Hearing. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3737-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 103 CARLISLE STREET, VACANT LOT ADJACENT TO 1219 COLFAX AVENUE AND VACANT LOTS ADJACENT TO 111 AND 116 WALNUT STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR Ht.JMANITY 14 REGULAR MEETING APRIL 23, 2007 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 103 Carlisle Street, vacant lot adjacent to 1219 Colfax Avenue and vacant lots adjacent to 111 and 116 Walnut Street, South Bend, Indiana, and which are more particularly described as follows: Lot 124 except Southwest Corner for Street, Oak Grove; Lot 79 Commissioners subdivision of Bank Outlot 79; Lot 9 John K Fowler 2nd Subdivision of Bank Outlot 85 & 86; Lot 6 Jolm C. Knoblock Subdivision of Bank Outlot 84 North of Rail Road and these properties have Tax Key Numbers 18-2021-0651, 18-1044-1885, 18-3072- 2843 and 18-3075-2993, 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 remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L 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 IL 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 15 REGULAR MEETING APRIL 23, 2007 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 VL 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. 3738-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMON LY KNOWN AS 1022, WEST JEFFERSON, 1216 WEST JEFFERSON, 1342 BISSELL, AND A VACANT LOT AT 1338 BISSELL AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR Ht.JMANITY 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 requesting that the area commonly known as 1022 West Jefferson, 1216 West Jefferson, 1342 Bissell, and a vacant lot at 1338 Bissell, South Bend, Indiana, and which is more particularly described as follows: 16 REGULAR MEETING APRIL 23, 2007 Lot 22 John K Fowlers 2nd Subdivision of Bank Outlot 85 & 86; 40 '/4 Feet South Side Jefferson Blvd Begirming on East Line Bank Outlot 89; Lot 79 and N '/z Vac Alley S &Adj Park Pl 2nd Add 99-00 Vac Ord #8944-98; Lot 80 and B '/z Vac Alley S &Adj Park P1 2nd Add 99-00 Vac Ord # 8944-98 and this property has Tax Key Numbers 18-3068-2623, 18-3072-2861, 18-5086-3062, and 18-5086-3061 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 sec ., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L 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 IL 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; 17 REGULAR MEETING APRIL 23, 2007 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 VL 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. Todd Junkins, Habitat for Humanity of St. Joseph County, 402 E. South Street, South Bend, Indiana, made the presentation for these Resolutions. Mr. Junkins advised that on Bill No. 07-59, Habitat for Humanity intends to construct (5), single family homes with volunteer labor and donated materials to build the homes. Two types of homes will be constructed. One style is a three bedroom, one bath, 1,120 square feet, built on a four-foot crawlspace or a full basement. The other style is a 1,344 square foot, four bedrooms, two baths home also built on a four-foot crawlspace or a full basement. The price of each of the homes will be $65,000. Mr. Junkies further noted that on Bill No. 07-60, Habitat for Humanity plans to build four, new, single-family residences: either athree-bedroom, 1 bath home of 1,120 square feet, afour-bedroom, 2 bath home of 1,344 feet, or afive-bedroom, 2 bath home with 1,440 square feet. The homes will be built with afour-foot crawl space or a full basement. A Public Hearing was held on these Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Dieter made a motion to adopt Bill No. 07-59. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. Councilmember Kelly made a motion to adopt Bill No. 07-60. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 18 REGULAR MEETING APRIL 23, 2007 RESOLUTION NO. 3739-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1329 SOUTH 32ND STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSE OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DAN GOLLER 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 1329 South 32nd Street, South Bend, Indiana, and which is more particularly described as follows: Lot numbered Two Hundred Ninety-Eight (298) as shown on the recorded Plat of the Subdivision of Lot A in Fordham and this property has Tax Key Number 18-6049-1632, 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 sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and 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 IL 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 19 REGULAR MEETING APRIL 23, 2007 documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously 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 fmds 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 VL 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 20 REGULAR MEETING APRIL 23, 2007 Councilmember Dieter, Chairperson, Community & Economic Development Committee conducted a Public Hearing on this bill this afternoon to hear the pro's and con's and voted to send it to the full Council with a favorable recommendation Mr. Dan Goller, 203 Eunice Drive, South Bend, Indiana, made the presentation for this bill. Mr. Goller advised that he intends to construct a new 1,440 square foot, 1 '/z story, three- bedroom, two-bath home with a garage. The approximately cost of the home will be $94,000.00 A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember White 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. RESOLUTION NO. 3740-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1840 NORTH COMMERCE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN-YEAR REAL PROPERTY TAX ABATEMENT FOR STANZ FOOD SERVICE, 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 1840 North Commerce Drive, South Bend, Indiana, and which is more particularly described as follows: Parcel L A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90° 00'000° West on and along the North line of the Southwest Quarter of said Section 33 a distance of 679.78 feet; thence South 00°42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue; thence South 00°42'05" West on and along the West line of Maplewood Avenue a distance of 399.39 feet to the true place of beginning; thence South 00°42'05" West on and along the West line of Maplewood Avenue a distance of 409.85 feet; thence South 89°30'39" West a distance of 434.08 feet to the East line of Commerce Drive; thence North 00°29'21" West on and along the East line of Commerce Drive a distance of 409.85 feet; thence North 89°30'39" East a distance of 442.55 feet to the true place of beginning. Said tract being Lot Number 21 of the Airport Industrial Park, Phase II. Parcel IL Lots Numbered Twenty-Eight (28), Twenty-Nine (29), Thirty (30), and Thirty-One (31) as shown on the recorded Plat on the recorded Plat of Post Place, recorded August 21, 1912, in Plat Book 9, page 142, in the Office of the Recorder of St. Joseph County, Indiana. 21 REGULAR MEETING APRIL 23, 2007 Parcel III: A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90°00'00" West on and along the North line of said South-west Quarter of Section 33 a distance of 679.78 feet; thence South 00°42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue, said point being the true place of beginning; thence South 90°00'00" West on and along the South line of said Progress Drive, a distance of 450.98 feet to an iron on the East line of Commerce Drive; thence South 00°29'21" East on and along the East line of Commerce Drive, a distance of 403.15 feet to an iron; thence North 89°30'39" East a distance of 442.55 feet to an iron on the West line of Maplewood Avenue; thence 00°42'05" East on and along the West line of Maplewood Avenue a distance of 399.39 feet to the place of beginning. Said tract being Lot Numbered 22 of the Airport Industrial Park, Phase II. ALSO, a portion of Maplewood Avenue vacated by the City of South bend, Indiana, pursuant to Vacation Resolution No. 3466 (1977), which portion is more particularly described as follows: A portion of Maplewood Avenue, beginning at the South right-of--way line of Progress Drive and the East right-of--way line of Maplewood Avenue, South 345 feet to the Southwest corner of Lot 27 in Post Place Addition; thence West 50 feet; thence North 345 feet; thence East 50 feet to the place of beginning and which has Key Numbers 18-2183-6886.04, 18-2183-6832, 18-2183-6834, 18-2183- 6838, 18-2183-6840, 18-2183-6842 and 18-2183-6844 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec ., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et sec ., for tax abatement. SECTION IL The Common Council hereby determines and fmds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be 22 REGULAR MEETING APRIL 23, 2007 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 E 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. SECTION VL The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period (7) seven years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Varner made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dieter, Chairperson, Community & Economic Development Committee, reported that this committee held a meeting this afternoon to hear the pros and cons and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. 23 REGULAR MEETING APRIL 23, 2007 Mr. Jim Tuesley, Attorney, Barnes & Thornburg LLP, 600 1 gc Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation on behalf of the owner, Mark Harman, President, Stanz Food Service, Inc. Mr. Tuesley advised that Stanz Food Service is a full-line, food service distribution business. Stanz uses its warehouse and distribution facility to store dry, refrigerated, and frozen goods to facilitate the transfer and delivery of such goods to customers throughout Northern Indiana and Southern Michigan. Land acquisition costs have been incurred by Stanz to facilitate the use of its site in the Airport Industrial Park area. The proposed project will enable Stanz to increase the size of its warehouse and distribution facility, enhance operating efficiencies through new cold/freezer warehouse technology, and accommodate growth in its full-line grocery warehouse and distribution business. Stanz proposes to make a substantial investment in new real estate construction and rehabilitation at their primary warehouse and distribution facility located on Commerce Drive. The investment includes a new cold/freezer warehouse facility totaling 48,000 square feet to be connected to Stanz's existing facility, at an estimated cost of $6.6 to $8.8 million. An additional investment between $600,000 and $800,000 would be used to rehabilitate Stanz's existing office and warehouse facility. The redevelopment and rehabilitation project will not create any additional full-time or part-time permanent jobs within the first year; however Stanz will be able to maintain 162 existing, permanent, full-time jobs and nine (9) existing, permanent, part-time jobs with an annual payroll of $7,251,439. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council in favor of this Resolution. The following individual spoke in opposition to the Resolution. Mr. Paul Borowski, 3217 Cabot Drive, South Bend, Indiana, stated that he is in opposition to the tax abatement for Stanz Food Service, Inc. Mr. Borowski advised that the Council should put a moratorium on tax abatements until the City sees the impact of the 2% Circuit Breaker Legislation. Councilmember Dieter made a motion to adopt this substitute Resolution, Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3741-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE INDIANA FINANCE AUTHORITY AN APPLICATION FOR A STIPULATED REMEDIATION GRANT OF UP TO $100,000 FOR PROPERTY LOCATED AT 101 N. MICHIGAN STREET, SOUTH BEND, INDIANA WHEREAS, Michigan Street, LLC is interested in submitting an application for a Stipulated Remediation Grant from the Indiana Finance Authority for asbestos abatement at 101 N. Michigan Street, South Bend, Indiana, and WHEREAS, the Indiana Brownfields Program required that the grant application be submitted by the political subdivision on behalf of a property located within its jurisdiction and WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the appropriate applicant for a Stipulated Remediation Grant from the Indiana Finance Authority as part of the Indiana Brownfrelds Program. 24 REGULAR MEETING APRIL 23, 2007 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a Stipulated Remediation Grant application in an amount of $100,000 to the Indiana Finance Authority on behalf of Michigan Street LLC for asbestos abatement at 101 N. Michigan Street, South Bend, Indiana. SECTION IL That the Mayor of the City of South Bend, Indiana shall file with the Common Council a complete copy of the Stipulated Remediation grant application to be submitted by the Mayor to the Indiana Finance Authority. 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 Indiana Finance Authority upon approval of this application. SECTION IV. That the Mayor shall be authorized to accept and affum the grant should one be awarded. SECTION V. That the City of South Bend, Department of Community and Economic Development be designated as the agency and office administering on behalf of the City of South Bend any grant awarded under this application. SECTION VL 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 & Economic Development Committee conducted a Public Hearing on this bill this afternoon to hear the pro's and con's and voted to send it to the full Council with a favorable recommendation Ms. Ann Kolata, Senior Redevelopment Specialist, Community & Economic Development, 12~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this Resolution. Ms. Kolata advised that this bill authorizes the submission of a Stipulated Remediation Grant application to the Indiana Finance Authority through the Indiana Brownsfields Program. The Grant application is on behalf of Michigan Street, LLC for asbestos abatement at 101 N. Michigan Street. The exact amount of the rmediation is not known at this time so they are requesting a grant of up to $100,000. Ms. Kolata further advised that according to the guidelines for the Stipulated Remediation Grant Program, the City of South Bend must be the grant applicant. 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 Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 25 REGULAR MEETING BILLS, FIRST READING APRIL 23, 2007 BILL NO. 22-07 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF LAUREL STREET FROM THE SOUTH RIGHT OF WAY LINE OF WASHINGTON STREET TO THE FIRST EAST/WEST ALLEY SOUTH OF WASHINGTON STREET FOR A DISTANCE OF 144.54 FEET, MORE OR LESS, AND A WIDTH OF 14 FEET This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on May 14, 2007. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 23-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $830.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM This bill had first reading. 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 14, 2007. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 24-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9708-06 WHICH ANNEXED TO AND BROUGHT WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, FOR THE SOLE PURPOSE OF CORRECTING A SCRIVENER'S ERROR This bill had first reading. 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 May 14, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 25-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $62,500.00 FROM FUND NO. 401 (COVELESKI STADIUM CAPITAL FUND) AND $51,525.00 FROM FUND NO. 655 (LEAF COLLECTION AND REMOVAL FUND) FOR CAPITAL EXPENDITURES 26 REGULAR MEETING APRIL 23, 2007 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on May 14, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS A. REPORT FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on April 17, 2007: BILL NO. 15-07 AN ORDINANCE 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 Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing on May 29, 2007 and Third Reading on June 25, 2007. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. B. BILL NO. 06-127 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3702 PROGRESS DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PARRI SH/Iv1EYER MACHINE, INC. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing on May 12, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. NFW RTT4TNF44 Council President Rouse advised that the second meeting in May will be rescheduled to Tuesday, May 29, 2007, at 7:00 p.m., due to the observance of Memorial Day. 27 REGULAR MEETING PRIVILEGE OF THE FLOOR APRIL 23, 2007 COMMENTS FROM MR. PAUL BOROWSKI CONCERNING THE 4TH DISTRICT Mr. Paul Borowski, 3217 Cabot Drive, South Bend, Indiana, stated that he has talked with Councilmember's Puzzello and Dieter over the last couple of weeks about a problem that has occurred in the 4~` District. The City did not want to work with the Neighborhood Association with regard to Semi's parking in Tarkington Park. When he called the police department to make a report, the dispatcher stated that there was no Tarkington Park in the City of South Bend, Indiana, and suggested that he call the City of Mishawaka. Finally, someone from the City Attorney's Office finally allowed someone to red tag the truck and trailer and have it towed. The license plates were registered to a company that did not exist. The semi has been parking at the park off and on and everybody including the City Attorney's Office was afraid to touch it because of the liability. The park is clearly marked "No Overnight Parking Allowed." This is very frustrating and residents should not have to wait for over three months to have an issue like this resolved. The same goes for when the City uses Tarkington Park to dump the leaves that it has cleaned up in the various neighborhoods. This looks terrible and should not be allowed. The city owns the lot and one would think that they would take care of it, but they don't. The neighbors are trying to keep up their properties and then are forced to live next to something like this. There are two abandoned car washes already on Edison Road that the neighbors have to deal with. It's just too bad that the City can't get together to do things in the 4a` District, it does exist. Ann does a good job of representing the District, Councilmember Dieter patrols in 4a` District, City Clerk John Voorde lives in the 4~` District, and it's a great place to live. The residents would like some help from the City to help keep it that way. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 9:23 p.m. ATTEST: ATTEST: John Voorde, City Clerk Timothy A. Rouse, President 28