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HomeMy WebLinkAbout02-27-06 Council Meeting Minutes REGULAR MEETING FEBRUARY 27, 2006 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, February 27, 2006 at 7:00 p.m. The meeting was called to order by Council President Timothy A. Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Vice-President Ann Puzzello 4th District David Varner 5th District Ervin Kuspa 6th District Timothy Rouse At-Large President Al “Buddy” Kirsits At-Large Karen L. White At-Large Chairperson Committee of the Whole Al “Buddy” Kirsits 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 February 13, 2006, 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 February 13, 2006, meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS SWEARING IN OF MR. GORDON SLUTSKY TO THE URBAN ENTERPRISE ASSOCIATION. City Clerk John Voorde, sworn in Mr. Gordon Slutsky to the Urban Enterprise Association. SWEARING IN CEREMONY OF CITIZEN REPRESENTATIVE OF THE COUNCIL City Clerk John Voorde, sworn in the 2006 Citizen Representatives for the Council Standing Committees. 1 REGULAR MEETING FEBRUARY 27, 2006 COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE Martin Wolfson, Citizen Member COMMUNITY RELATIONS COMMITTEE Michael J. Stack, Citizen Member HEALTH AND PUBLIC SAFETY COMMITTEE Christie M. McCully, Citizen Member INFORMATION AND TECHNOLOGY COMMITTEE Stephen M. Hayes, Citizen Member PARC (PARKS, RECREATION, CULTURAL ARTS & ENTERTAINMENT) Charles A. Shock, Citizen Member PERSONNEL AND FINANCE COMMITTEE Nikki Hutchinson, Citizen Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Kurt Youngs, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Martha M. Lewis, Citizen Member UTILITIES COMMITTEE Gene Pendl, Citizen Member ZONING AND ANNEXATION COMMITTEE J. Edward Talley, Citizen Member RESOLUTION NO. 3562-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE MONTH OF MARCH 2006 AS DISABILITY AWARENESS MONTH AND COMMENDING THE PUBLIC OFFICIALS OF ST. JOSEPH COUNTY FOR THEIR ONGOING EFFORTS TO ADDRESS ELECTION POLLING PLACE ACCESSIBILITY FOR PEOPLE WITH DISABILITIES Whereas, the Common Council of the City of South Bend, Indiana, notes that this July 26th will mark the 16th anniversary of the enactment into law of the Americans With 2 REGULAR MEETING FEBRUARY 27, 2006 Disabilities Act (ADA) which aims to give all people “the opportunity to live with dignity, work productively and achieve their dreams; and Whereas, the Common Council recognizes that today there are approximately 50 million Americans living with disabilities, with 80% of the people who take on the role of primary helper to persons with disabilities being relatives and nearly half of that number living with the person who has a disability; and Whereas, the Common Council notes that according to the U.S. Department of Commerce, 77.4% of Americans ages 22 to 64 who live with disabilities do not receive any public assistance, and with the assistance of complying with the ADA barriers are continuing to be reduced and perceptions about the disabled are changing so that they may have increased opportunities to participate in all aspects of community life and employment; and Whereas, the Common Council further notes that the Board of Commissioners of St. Joseph County adopted Resolution No. R-C-2-04 on April 13, 2004 and Resolution No. R-C-9-05 on December 5, 2005 and that the County Council of St. Joseph County adopted Resolution No. R-03-04 on April 13, 2004 and Resolution No. R 7-05 on December 6, 2005 to assist in the ongoing attempt to comply with the election polling place accessibility standards so that all persons would have the opportunity to case their vote during primary and general elections held in St. Joseph County, Indiana. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, on the 27th day of February, 2005, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby declares the month of March, 2006, as DISABILITY AWARENESS MONTH, and urges all of our residents, governmental officials and employers to celebrate the many contributions individuals with disabilities have made and continue to make to our community and to our country. Section II. The South Bend Common Council publicly honors and thanks the Board of County Commissioners and the County Council of St. Joseph County, Indiana, for their ongoing efforts to comply with the election polling place accessibility standards so that all persons would have the opportunity to cast their vote during primary and general elections. 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, 1st District s/Ervin Kuspa, 6th District s/Charlotte D. Pfeifer, 2nd District s/Al “Buddy ” Kirsits, At Large s/Roland Kelly, 3rd District s/Timothy A. Rouse, At Large s/Ann Puzzello, 4th District s/Karen L. White, At Large s/Dr. David Varner, 5th District s/Kathleen Cekanski-Farrand, Council Att’ y Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Council President Timothy A. Rouse, 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 St. Joseph County Commissioner Steve Ross, and St. Joseph County Councilmember Randy Przybysz. A Public Hearing was held on the Resolution at this time. 3 REGULAR MEETING FEBRUARY 27, 2006 There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Przybysz thanked the Council for this Resolution. He stated that he is a parent of a disabled child and works at Logan Center. He stated that this bill is a positive step in the right direction. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Dieter seconded the motion which carried. RESOLUTION NO. 3563-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE LASALLE INTERMEDIATE ACADEMY BOYS BASKETBALL TEAM FOR WINNING THE CITY TITLE WITH A 10-0 RECORD Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that LaSalle Intermediate Academy, located at 2701 West Elwood Avenue in South Bend, Indiana, is one of the premier Magnet Schools in the South Bend Community School Corporation ; and Whereas, the Council notes that LaSalle has a student enrollment of 741 in grades 5-8 with a total of 424 female students and 317 male students who have been chosen to be part of a specialized, rigorous and comprehensive academic program, epitomized by their ISTEP scores being significantly higher than the Indiana state averages; and Whereas, the Council would especially like to publicly recognize the members of the LaSalle Boys Basketball Teamand all of the individuals associated with the LaSalle Lions who won the City Title with a record of 10-0, and who have a 29-1 record for the past three (3) years. Those student-athletes and staff include: Emeka Andrews Roosevelt Green Langston Troupe Patrick Bane Austin Kramer Isiah White Darius Boles Alfonso Mack Desiree Coleman, Manager Bruce Bragg Jacob Mielcarek Ashley Hairston, Manager Mark Burk Byron Orvis Breanna Poindexter, Manager Gehrig Dieter Mathew Peterson Jourdyn Smith, Manager Trent Fletcher Mark Smith Aryn White, Manager Jordan Gates Adam Soisson Shawn Pittman, Head Coach Seabe Gavin, Ass’tCoach Now, Therefore, be it resolved, by the Common Council of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby congratulates each and every member of the LA SALLE along with their Principal, INTERMEDIATE ACADEMY BOYS BASKETBALL TEAM Janet Scott, and their Athletic Coordinator, Colleen Doyle, for winning theCITY BASKETBALL TITLE WITH A 10-0 RECORD. Section II. The South Bend Common Council believes that the hard-work, discipline, and dedication of the student-athletes on the LA SALLE INTERMEDIATE ACADEMY BOYS BASKETBALL TEAMhas enabled each of them to be excellent role models with each team member bringing the highest of honors to themselves, their family and friends, the LaSalle Intermediate Center, the South Bend Community School Corporation and all of the residents of the City of South Bend, Indiana. Section III. The Common Council wishes the LA SALLE INTERMEDIATE ACADEMY BOYS BASKETBALL TEAMthe very best in the years ahead, both in the 4 REGULAR MEETING FEBRUARY 27, 2006 The classroom and on the basketball court as they live by their school’s motto that “ World is Our Classroom ”. Section IV . 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, 1st District s/Ervin Kuspa, 6th District s/Charlotte D. Pfeifer, 2nd District s/Al “Buddy” Kirsits, At Large s/Roland Kelly, 3rd District s/Timothy A. Rouse, At Large s/Ann Puzzello, 4th District s/Karen L. White, At Large s/Dr. David Varner, 5th District s/Kathleen Cekanski-Farrand,Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Derek Dieter, made the presentation for this Resolution by first offering his comments and reading the Resolution in its entirety and presenting it to Principal Janet Scott. A Public Hearing was held on the Resolution at this time. Ms. Colleen Doyle, Athletic Coordinator LaSalle Academy thanked the Council for this honor. She stated that academic and athletics can be achieved and this time is a great example. Mr. Shawn Pittman, Assistant Basketball Coach LaSalle Academy, that the Council for this Resolution. He stated that this team has worked hard all year to achieve this goal. Ms. Janet Scott, Principal, LaSalle Academy, thanked the Council for this Resolution. She stated that LaSalle Academy has been awarded a 4 star school status. There are only 181 in the entire State of Indiana out of a total of 1,870 schools. She commented that nerds can play sports too! There was no one else present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Puzzello seconded the motion which carried. RESOLUTION NO. 3564-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY THANKING CHARLOTTE D. PFEIFER FOR SERVING AS THE COUNCIL PRESIDENT FOR THE 2005 CALENDAR YEAR Whereas, the Common Council of the City of South Bend, Indiana, recognizes that South Bend Municipal Code Indiana state law and the require Common Councils of each second class city in Indiana to meet on the first Monday of each year to elect Council officers ; and Whereas, the Common Council notes that on January 3, 2005, 2nd District Council Member Charlotte D. Pfeifer was elected to serve as Council President for calendar year 2005; and 5 REGULAR MEETING FEBRUARY 27, 2006 Whereas, the Council notes that 2005 was a very busy legislative year, as evidenced by the Common Council meeting as a Board of Finance on January 24, 2005; meeting with Indiana State Senators, State Representatives and County Commissioners on April 9, 2005; numerous meetings with City Department heads; 19 Informal Council meetings; and the following Council Standing Committee meetings: Community and Economic Development Committee 26 meetings Community Relations Committee 2 meetings Council Rules Committee 4 meetings Health and Public Safety Committee 22 meetings Information and Technology Committee 1 meeting Parks, Arts, Recreation and Culture Committee (PARC) 6 meetings Personnel and Finance Committee 22 meetings Public Works and Property Vacation Committee 8 meetings Residential Neighborhoods Committee 4 meetings Utilities Committee 8 meetings Zoning and Annexation Committee 23 meetings Whereas, the Common Council further notes that there were 14 Executive Sessions held to discuss strategy related to the labor negotiations with the City Negotiation Team in order to address the City’s goals and objectives with the representatives of the South Bend Firefighters Association Local No. 362 of the International Association of Firefighters AFL-CIO and representatives of the Fraternal Order of Police, Lodge No. 36; and Whereas, the Common Council reviewed in Committee and passed 90 ordinances, and reviewed and adopted 143 resolutions consistent with the Common Council’s Mission Statement: “To make certain that our City government is always responsive to the needs of our Residents and that the betterment of South Bend is always our highest priority”. , Now, Therefore, be it resolved by the Common Council of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council thanks 2nd District Council Member CHARLOTTE D. PFEIFERfor serving as the 2005 Council President Section II. The South Bend Common Council appreciates Charlotte’s insights and leadership. 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, 1st District s/Al “Buddy” Kirsits, At Large s/Roland Kelly, 3rd District s/Timothy A. Rouse, At Large s/Ann Puzzello, 4th District s/Karen L. White, At Large s/Dr. David Varner, 5th District s/Ervin Kuspa, 6th District s/Kathleen Cekanski-Farrand,Council Attorney s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Council President Timothy A. Rouse, 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 Councilmember Pfeifer. A Public Hearing was held on the Resolution at this time. 6 REGULAR MEETING FEBRUARY 27, 2006 There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Pfeifer thanked the Council for this honor. She stated that it has been a pleasure to serve as President. She stated that the Council had some very tough issues they faced last year and she was grateful that they were able to be respectful to each other during the process. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. REPORTS OF CITY OFFICES DIRECTOR OF SOUTH BEND HUMAN RIGHTS COMMISSION – LONNIE DOUGLAS Mr. Lonnie Douglas, Director, South Bend Human Rights Commission gave a power point presentation updating the Council on the Human Rights Commission’s activities. A copy of that power point is on file with the Office of the City Clerk. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 8:00 p.m., Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code and that pamphlets were available to the pubic, which outline the Council rules and procedures, and are located on the railing in the Council Chambers. PUBLIC HEARINGS BILL NO. 47-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 2, RESIDENTIAL DISTRICTS, TO ALLOW TEMPORARY SALES OFFICES FOR RESIDENTIAL SUBDIVISIONS; TO ADD USES TO THE MF1 URBAN CORRIDOR MULTIFAMILY, MF2 HIGH DENSITY RESIDENTIAL, MU MIXED USE, LB LOCAL BUSINESS DISTRICT, CB COMMUNITY BUSINESS CBD CENTRAL BUSINESS DISTRICT, GB GENERAL BUSINESS, LI LIGHT INDUSTRIAL AND GI GENERAL INDUSTRIAL DISTRICTS; CLARIFY FENCING REGULATIONS IN THE U UNIVERSITY DISTRICT; CLARIFY LANDSCAPING REQUIREMENTS; MODIFY THE DEFINITION OF SPECIAL EVENTS; AND CLARIFY THE DISPLAY OF POLITICAL SIGNS 7 REGULAR MEETING FEBRUARY 27, 2006 Councilmember Kuspa made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. P. J. Thuringer, Staff Planner, Area Plan Commission, 1823 N. Adams, South Bend, Indiana, presented the report from the Commission. nd Mr. Thuringer made the presentation for this bill and advised that the 2 substitute bill deletes the proposed parking and signage requirements. The Commission held a public hearing on this bill and sends it to the Council with a favorable recommendation. 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 Dieter made a motion for favor recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 92-05 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1351 PYLE AVE., 1355 PYLE AVE., AND THE VACANT LOT ON THE SOUTHWEST CORNER OF PYLE AVE. AND EDISON ROAD, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. P. J. Thuringer, Staff Planner, Area Plan Commission, 1823 N. Adams, South Bend, Indiana, presented the report from the Commission. Mr. Thuringer advised that item number one has been changed to vacant lot on the southwest corner of Pyle Avenue and Edison Road. Item number six the representative/owner names have bee printed under the signatures. The title has changed to state: and the vacant lot on the southwest corner of Pyle Avenue and Edison Road. Mr. Thuringer further advised that the petitioner is requesting a zone change from “SF1” Single Family and Two Family Residential to “MU” Mixed Use to allow a commercial office. On site is one vacant undeveloped lot and two single-family homes. To the north is a United States Post Office and Teamsters Union Office. To the east are single family homes located within a residential subdivision. To the west is a car wash and a gas station both of which are zoned “CB” Community Business. The “MU” Mixed Use District is established to promote the development of a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district are designed to encourage a pedestrian oriented design throughout the district, and maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. The total area of the site 8 REGULAR MEETING FEBRUARY 27, 2006 (three lots) is 33,741 square feet or 0.775 acres. The building is 7,463 square feet and covers 22% of the site. Parking and drives cover 16,611 square feet or 49% of the total area. Open space makes up 29% or 9,667 square feet. The entrance to the site will be on Pyle Avenue 70’ south of Edison Road. The building is to be one story in height. Retention ponds are shown on three sides of the building. All landscaping will be required to meet City standards. In 1994, the southwest vacant lot was rezoned from “A” Residential to “O” Office, which is equivalent to “OB” Office Buffer in the current zoning ordinance, to allow for a professional office. The site reverted back to its original zoning and is currently “SF1” Single Family due to lack of development. Note that the site plan showed one driveway from Edison Road. Edison Road is a four lane road at this location with an 80 foot right of way width. At a point just west of Pyle Avenue on Edison Road, MACOG counted just under 19,000 cars per day in 2004. Pyle Avenue is a two lane residential street. The United States Post Office, on the north side of Edison Road and across the street from the petition area, generates heavy traffic that could potentially congest the intersection of Edison Road and Pyle Avenue. The site if served by South Bend municipal water and sanitary sewer. The Comprehensive Policy Plan Goal 2 Objective B: Locate employment uses in such a manner that conflicts with residential land uses are minimized. Goal 2 Objective B: Policy iii: Truck and automobile traffic generated by employment uses should not travel through residential areas. This petition is in conflict with the Comprehensive Plan in that it extends commercial zoning into a residential neighborhood. This area is not designated for any specific growth by the Land Use Plan. Currently the commercial areas are to the north and the west of the petition area. The areas to the east and to the south are exclusively single family residential in nature. The most desirable use would be to leave the existing single family homes as they are. The surrounding residential property values could be adversely affected should this rezoning be approved. It is not responsible development and growth to allow the residential neighborhood to be intruded upon at the proposed depth by a zoning district that allows non-residential uses. Based on information available prior to the public hearing staff recommends that this petition be sent to the Common Council with an unfavorable recommendation. The rezoning would intrude too deep into an established single family residential neighborhood. The “ MU” Mixed Use district allows commercial uses that would conflict with the residential neighborhood. The impact on the neighborhood could also come from commercial traffic traveling through the surrounding residential areas. This conflicts with the goals of the Comprehensive Plan. Pyle Avenue is a two lane residential street. Office and commercial uses to this depth would adversely impact upon the residential uses on the east side of Pyle Avenue. Mr. Bernard Feeney, Lang, Feeney & Associates, Inc., 715 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Feeney stated that he is representing Sorin Mihalache and Tiberius Mihalache, the petitioners of this bill. They are requesting a zone change from Single Family to"O” Office. 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 was no one present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. Mrs. Joan Biltz, 1314 Chimes Blvd., South Bend, Indiana, spoke in opposition to this bill. Mrs. Biltz advised that she is also representing Ms. Helen Manuszak, 1322 Chimes Blvd, South Bend, Indiana and Mr. George Scarberry, 1306 Chimes Blvd., South Bend, Indiana. She stated that this project will create additional traffic on Edison Road. The post office is located directly across the street from this project and during normal hours the traffic is very heavy. During holiday season and on home Notre Dame Football games this area is an accident waiting to happen. She also mentioned that the drainage from another business on that corner would cause more water to flood basements and yards. Mrs. Biltz encourage the Council to vote against this bill. 9 REGULAR MEETING FEBRUARY 27, 2006 In rebuttal, Mr. Feeney stated that the petitioner has addressed the traffic curb cut onto Pyle Avenue and that would be the safest ingress/egress into the property. Mr. Feeney stated that the drainage issue is the responsibility of the petitioner and would be a part of the final site plan. Councilmember Kirsits stated that the traffic at that intersection is terrible. This is a good project however, unfortunately it is a bad location. Mr. Kirsits advised that this lot is the location of a terrible house tragedy several years ago and if it were not for this, the lot in question would still have a home on it. He stated that he would be voting against this bill. Councilmember Puzzello stated that this project goes much too far into the residential neighborhood. The traffic on Edison is much to heavy and congested to support another business. She stated that she would be voting against this bill. Councilmember Rouse advised that his concerns are also with the congested area of Edison Rd. and Pyle Avenue. He suggested no left turns in that area. Councilmember Dieter made a motion for unfavorable recommendation to full Council concerning this bill as substituted. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 93-05 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 505 E. IRELAND ROAD, 4412 FELLOWS STREET AND 4422 FELLOWS STREET, COUNCILMANIC DISTRICT NO. 5, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. P.J. Thuringer, Staff Planner, Area Plan Commission, 1823 N. Adams, South Bend, Indiana, presented the report from the Commission. Mr. Thuringer advised that the petitioner is requesting a zone change from “SF1” Single Family and is requested to be changed to “O” for Office District as proposed for development along the Ireland Road Corridor. Mr. Thuringer stated that this is a substitute bill that originally petitioned for a change from the Single Family (SF1) to CB Commercial Development. The staff recommended that this rezoning would conflict with Goal 2, Objective B of the Comprehensive Policy Plan. The rezoning allows high intensity commercial uses that would be in conflict with the northern established single- family neighborhood. The staff further recommended that this residential neighborhood would be better protected by either leaving the property single-family or zoning it to one of the office zoning districts. Mr. Thuringer further noted that the Commission met on the original petition on Tuesday, January 17, 2006 and sent it to the Common Council with no recommendation. Mr. Bill Schalliol, Redevelopment Department, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. He stated that the substitute bill requesting the zone change from single family (SF1) to “O” Office District is a better choice for the proposed development along the Ireland Road Corridor. He urged the Council favorable consideration of this bill. Mr. Schalliol stated that Redevelopment purchased this lot to help secure the area. Mr. Tyler Glynn, Edward Jones Investments, 910 Ireland Road, South Bend, Indiana, stated that he is the contingent purchasers of this property. He is currently located just east of this property. He would like to move his investment business to a location more 10 REGULAR MEETING FEBRUARY 27, 2006 suitable to his clients needs. Mr. Glynn noted that he is located in a complex that shares parking with several other establishments that are not conducive with his business. Mr. Glynn stated that he would like to stay in the area to promote good growth for the south side of South Bend. 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 was no one present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. Ms. Michelle Johnson, 4321 Fellows Street, South Bend, Indiana, spoke in opposition to this bill. Ms. Johnson stated that she will look at this building right out her front window everyday. The residents of the area are not content with this rezoning. It will decrease residential property values. Ms. Johnson suggested a welcome sign to the Ireland Road Corridor and landscaping. She urged the Council to vote against this bill. Mr. John Martz, 4328 Fellows Street, South Bend, Indiana, spoke in opposition to this bill. Mr. Martz stated this lot was originally residential and should stay residential. Allowing a commercial business to encroach so close to single family residential homes is a violation and should not be allowed. Home owners along Fellow Street have invested a lot of money in their properties and allowing this rezoning from single family (SF1) to “O” Office District is just wrong. Mr. Martz strongly urged the Council to vote against this bill. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mr. Glynn stated that he has kept an open line of communication with the neighbors. He wants to keep them apprised of the situation. He noted that the business does not have a constant flow of traffic and is proposing a building that is suitable to the neighborhood. Councilmember Varner noted that this particular lot has always generated a lot of interest. He believes that this project is the best suited for that lot. With the buffering in place, this will be an asset to the Ireland Road Corridor. Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kuspa seconded the motion with carried by a voice vote of eight ayes and one nay (Councilmember Dieter) BILL NO. 03-06 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF CARLISLE STREET FROM WESTERN AVENUE SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 132 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SUMMIT PLACE 2ND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. 11 REGULAR MEETING FEBRUARY 27, 2006 Mr. Patrick Lynch, 711 W. Washington, South Bend, Indiana, made the presentation on behalf of the petitioner Mr. Raul Meza. Mr. Lynch stated that further discussion was held on February 9, 2006, with David Fecteau, Community Development Department, and with Brian Kmitta, owner, Al’s Anchor Inn to discuss concerns on the vacation of the proposed alley. The general concern was that closing this alley would result in an increased number of vehicles transiting Mr. Kmitta’s property and potentially damaging any customer’s cars that my be parked in his lot. Mr. Kmitta is sensitive about his parking lot as he is constantly dealing with petty vandalism and theft from customer’s vehicles. It was determined that Mr. Kmitta’s parking lot is unimproved and unlined. The parking arrangements are determined by whoever parks there first. All subsequent vehicle park following the pattern established by the first car. There is no curb cut at Western Avenue, only a fairly low curb. So it is actually legal to park on the street in front on the parking lot, in effect blocking through transit to or from Western Avenue. Closing of the alley may create some inconvenience as people adjust, but there really is no true hardship imposed on any adjacent property owners. Access to all properties is maintained even with the closure of the alley. The closing of the alley will allow Mr. Meza to open a small business and to provide the zoning mandated parking required for the proposed restaurant. A new restaurant and an improved parking lot will contribute to the continued growth and development along the Western Avenue corridor. Mr. Esther Olejniczak, 422 S. Phillipa, South Bend, Indiana, spoke in opposition to this bill. Ms. Olejniczak stated that her garage is located on that alley. During the winter months it would be quite difficult to get out of her garage and then to have to turn on to a one-way trafficked street such as Carlisle to make a left turn and then onto Western Avenue is very dangerous. Ms. Olejniczak strongly urged the Council to vote against this bill. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mr. Lynch further reiterated that the closing of the alley may create some inconvenience as people adjust. But he cannot see that any true hardship is being imposed on any adjacent property owners. Mr. Lynch stated that access to all properties is maintained even with the closure of the alley. Councilmember Pfeifer made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes and three (3) nays (Councilmember’s Dieter, Kuspa, Rouse) BILL NO. 08-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE 9561-05 WHICH ESTABLISHED A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND AMENDING CHAPTER 17, ARTICLE 4, SECTIONS 17-45 AND 17-46 OF THE SOUTH BEND MUNICIPAL CODE Councilmember Al “Buddy” Kirsits, Chairperson, Utilities 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. Mr. John Stancati, Director, South Bend Water Works, 209 N. Main Street, Suite 207, South Bend, Indiana, made the presentation for this bill. Mr. Stancati advised that this bill amends previous Ordinance No. 9561-05. That ordinance increased water rates and service charges, but those rates were subject to 12 REGULAR MEETING FEBRUARY 27, 2006 approval of the Indiana Utility Regulatory Commission (IURC). On February 8, 2006, the IURC issued its Order which effectively approved the rates as requested by the City with some modification and reservation. For the Council’s information, the most recent rate approval process was highly contested, and also protracted, by an intervention from rate payers located outside City limits. As to those rates, the IURC approved them subject to a future cost of service study. The rates and charges are slightly different and lower than those set forth in previous Ordinance No. 9561-05 and because of this slight rate differential, previous Ordinance No. 9561-05 must be amended. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kuspa made a motion for favorable recommendation to full Council concerning this bill. Council member Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Puzzello made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by voice vote of nine (9) 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 9:00 p.m. Council President Timothy A. Rouse presided with nine (9) members present. BILLS, THIRD READING ORDINANCE NO. 9653-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 2, RESIDENTIAL DISTRICTS, TO ALLOW TEMPORARY SALES OFFICES FOR RESIDENTIAL SUBDIVISIONS; TO ADD USES TO THE MF1 URBAN CORRIDOR MULTIFAMILY, MF2 HIGH DENSITY RESIDENTIAL, MU MIXED USE, LB LOCAL BUSINESS DISTRICT, CB COMMUNITY BUSINESS CBD CENTRAL BUSINESS DISTRICT, GB GENERAL BUSINESS, LI LIGHT INDUSTRIAL AND GI GENERAL INDUSTRIAL DISTRICTS; CLARIFY FENCING REGULATIONS IN THE U UNIVERSITY DISTRICT; CLARIFY LANDSCAPING REQUIREMENTS; 13 REGULAR MEETING FEBRUARY 27, 2006 MODIFY THE DEFINITION OF SPECIAL EVENTS; AND CLARIFY THE DISPLAY OF POLITICAL SIGNS This bill had third reading. Councilmember Puzzello made a motion to amend this bill as it was in the Committee of the Whole. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill and authorize the City Clerk to send this bill to the Area Plan Commission. Councilmember Dieter seconded the motion which carried. This bill passed by a roll call vote of nine (9) ayes. BILL NO. 92-05 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1351 PYLE AVE., 1355 PYLE AVE., AND THE VACANT LOT ON THE SOUTHWEST CORNER OF PYLE AVE. AND EDISON ROAD, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA 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 nine (9) ayes. Additionally, Councilmember Puzzello made a motion that the amended version of this bill be defeated. Councilmember Dieter seconded the motion. The bill was defeated by a roll call vote of nine (9) ayes. ORDINANCE NO. 9654-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 505 E. IRELAND ROAD, 4412 FELLOWS STREET AND 4422 FELLOWS STREET, COUNCILMANIC DISTRICT NO. 5, IN THE CITY OF SOUTH BEND, INDIANA 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 nine (9) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill as amended. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight ayes and one nay (Councilmember Dieter) ORDINANCE NO. 9655-06 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF CARLISLE STREET FROM WESTERN AVENUE SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 132 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SUMMIT PLACE 2ND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes and three (3) nays ( Councilmembers Dieter, Kuspa, Rouse) 14 REGULAR MEETING FEBRUARY 27, 2006 ORDINANCE NO. 9656-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE 9561-05 WHICH ESTABLISHED A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND AMENDING CHAPTER 17, ARTICLE 4, SECTIONS 17-45 AND 17-46 OF THE SOUTH BEND MUNICIPAL CODE This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. This bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3565-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMON LY KNOWN AS 6103 BRIDGETON LANE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DARRELL AND MARIANNE CHALSTROM 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 6103 Bridgeton Lane, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Twenty (20) as shown on the recorded Plat of Kensington Farms East, P.U.D., Section Six, Part Two, recorded November 6, 1998 in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 9857462. , and this property has a Tax Key Number 023-1050-320104be 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: 15 REGULAR MEETING FEBRUARY 27, 2006 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. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1- 25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the 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. 16 REGULAR MEETING FEBRUARY 27, 2006 s/Timothy A. Rouse Member of the Common Council Mr. Darrell Chalstrom, 3111 N. Bayberry Ct., Warsaw, Indiana, made the presentation for this bill. Mr. Chalstrom advised that he and his wife seek to construct a new home. The home will be approximately 2,006 square feet and have 3 bedrooms, a sun room and a deck. The cost of the home will be approximately $205,500. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3566-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 917 NORTH SAINT PETER STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR BARBARA VIRGINIA SNEIGOWSKI REVOCABLE TRUST 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 917 North Saint Peter Street, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered One Hundred Thirty-four (134) as shown on the recorded Plat of Sorin’s Second addition to the Town of Lowell, now within and a part of the City of South Bend. and this property has Tax Key Numbers 018-5107-3762 and 018-5107-3763,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. 17 REGULAR MEETING FEBRUARY 27, 2006 SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1- 25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the 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. Donald Sniegowski, 1004 St. Vincent Street, South Bend, Indiana, made the presentation for this bill. 18 REGULAR MEETING FEBRUARY 27, 2006 Mr. Sniegowski advised that he and his wife are in the process of purchasing vacant property from the Northeast Neighborhood Revitalization Organization, Incorporated. They will construct a new single story home there. The home will be approximately 2,000 square feet and have 7 rooms, 2 bathrooms, and a full basement. The cost of the home will be approximately $250,000. 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 Puzzello 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. BILLS, FIRST READING BILL NO. 12-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 4, CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO HELP CURTAIL THE THEFT OF ALUMINUM, COPPER AND RELATED ITEMS This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety and Personnel and Finance Committees and set it for Public Hearing and Third Reading on March 27, 2006. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 13-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $220,000 OF BUILD INDIANA GRANT FUNDS WITHIN FUND 230 FOR THE PURPOSE OF FACILITATING ADAPTIVE REUSE OF THE FORMER DREWRYS BREWERY FACILITIES AT 1408 ELWOOD AVENUE 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 March 13, 2006. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS NEW BUSINESS UPDATED FROM COUNCILMEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS Council Attorney Kathleen Cekanski-Farrand read into the record that a formal appeal has been filed regarding the Historic Preservation Commission denial Certificate 2300 Portage Avenue, on March 27, 2006. The City Clerk shall send to the Historic Preservation Commission and the Petitioner the rules governing that hearing and a copy of the Ordinance. PRIVILEGE OF THE FLOOR 19 REGULAR MEETING FEBRUARY 27, 2006 COMMENTS FROM MR. STEVE FRANCIS REGARDING TAX ABATEMENTS Mr. Steve Francis, (no address given), stated that he running for the office of 2nd District Representative. Mr. Francis commended South Bend’s Tax Abatement Policies. He believes that they are the best in the state. COMMENTS REGARDING THE DISORDERLY HOUSE ORDINANCE Ms. Lizzi Shappell, 416 Badin Hall, Notre Dame, Indiana, spoke in response to the ongoing campus debate on community relations. The Student Senate would like to respond and seek the Council assistance. The unfortunate stigma of an “elitist” attitude within the Notre Dame student body towards the community of South Bend has lasted too long, and it has been extremely detrimental to the interactions between the students and the City of South Bend. The amended Disorderly House Ordinance unfairly targets students with extreme measures for a first offense, a position that the Student Senate will continue to assert. Despite student sentiment, it remains a law by which we as members of the South Bend Community must abide. Through continued dialogue and an open mind, Notre Dame students have the ability to enact change and eventually resolve what has proven to b e cyclical problem. It is imperative that we as students accept our responsibility to be instruments of change and begin the process of improving the relationship between Notre Dame students and South Bend. The process will take time, energy and commitment, but in order to insure that the unfortunate situations of some of a few fellow students do not continue, we as students need to take the first step towards change. It can be as simple as a friendly hello to a member of the South Bend Community, to introducing oneself to a new neighbor, to investigating the community and all it offers beyond Grape Road. The Student Senate calls to action every member of the Notre Dame family to embrace an attitude of mutual respect of the South Bend Community. Through a Committee on Community Relations, we can help students foster a better understanding and improved relationship with the South Bend Community. The Senate and the Committee remain dedicated to the needs of Notre Dame’s student body and are always open to questions or further ideas. Mr. Sean Finaly, Sorin Hall, Notre Dame, Indiana, stated that the Student Body of the University of Notre Dame is working toward a partnership with the community. Through continued dialogue and an open mind, Notre Dame students have the ability to enact change and eventually resolve what has proven to be a cyclical problem. It is imperative that students accept responsibility to be instruments of change and begin the process of improving the relationship between Notre Dame Students and South Bend. Mr. Nick Kuszma, 111 St. Peter, South Bend, Indiana, stated that the Disorderly House Ordinance and the Notice to Abate works. The amended Public Nuisance Ordinance directs the City to notify the owner and occupants of a property if prohibited conduct has occurred on the premise through a “Notice to Abate” letter after one violation of §13-75.5 rather than three violations; and the letter, addressed to the occupants of the property, reads, “The public nuisance must be abated immediately. The owner and all occupants will be held responsible for any violation of §13-75.5 which occurs after this Notice to Abate” There are several Notre Dame students that are currently facing eviction after a first offense; and due to legal fees, time costs, and a weakened ability to secure future housing, eviction as a punishment for a first offence is more harsh from the perspective of the student than the fine of no more than $2,500, as prescribed by the ordinance after the second offense. The Public Nuisance Ordinance should be further amended to be consistent with its original intent; that “Eviction Proceedings as a defense: for owners be encouraged after it is apparent that the initial “Notice to Abate” letter has not resulted in changed behavior by tenants; and that charges against the landlord be dropped by initiating procedures of eviction after notice of the second violation. James , 424 N. Frances, Apt. 12, South Bend, Indiana, stated that the Student Senate of the University of Notre Dame remains as committed as ever to the goal of improved community relations, but that the Disorderly House Ordinance as passed threatens this goal by calling for a targeted and extreme punishment of students. 20 REGULAR MEETING FEBRUARY 27, 2006 Matt Wormington, Off Campus Council President, stated that the notice to abate warning SS0506-18 passed by the University of Notre Dame Student Senate, December 1, 2005 recognizes the concerns of the residents of the City of South Bend with regard to unacceptable and disrespectful behavior of students of the University of Notre Dame. They are legitimate; and these concerns warrant the attention of not only the Common Council of the City of South Bend, but the Notre Dame Student Body. Resolution SS0506-18 was a collaborative effort of Student Body President David Baron and the Student Senate of the University of Notre Dame to respond to the challenge to continue the shared goal of improving community-university relations. David Baron, University of Notre Dame Student Body President, 203 LaFortune, Notre Dame, Indiana. Mr. Baron stated that on Monday, July 25, 2005, the South Bend Common Council amended the City’s Disorderly House Conduct Ordinance. After the passage of the amendment, Councilmember Dr. David Varner, offered a challenge to Matt Wormington, Off Campus Council President, and himself, to continue toward the shared goal of improving community-university relations. We are responding today to that challenge. Many students have been convinced of the importance and relevance of strong interaction between Notre Dame students and South Bend residents. Most notably, there is a new drive within the student body to be more than neighbors, but participants in South Bend community life. Councilmember Puzzello commended David Baron on his work on Community Relations between the community and students. Getting along and fitting in with neighbors and the community is a positive step in the right direction. Councilmember Varner thanked the students for taking up the challenge. It shows responsibility in a respectable manner. He stated that he is impressed with the response to solve some of the challenges that the community and university face. Councilmember Kelly stated that he was impressed with the maturity of the students body representative here tonight. He stated that prior student body representatives were plainly “wet behind the ears.” He stated that everyone must abide by the rules and regulations and continues to support student and community efforts to do just that. Councilmember Kirsits commended the students who spoke tonight. However, he th indicated that there is still much work that needs to be done. The 5 year architecture students need to comply with the ordinance. He believes that this is a good beginning but there is still a lot of challenges that need to be addressed. Council President Rouse stated that he would like to see the Synergy be kept up between the University of Notre Dame and the Community of the City of South Bend. He assigned this topic to the Community Relations Committee. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 9:50 p.m. ATTEST: ATTEST: __________________________ __________________________ John Voorde, City Clerk Timothy A. Rouse, President 21