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HomeMy WebLinkAbout05-08-06 Council Meeting Minutes REGULAR MEETING MAY 8, 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, May 8, 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 Timothy Rouse At-Large President Karen L. White At-Large Chairperson Committee of the Whole Al “Buddy” Kirsits At-Large Absent: Ervin Kuspa 6th District OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Aladean De Rose Assistant City Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the April 27, 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 White made a motion that the minutes of the April 27, 2006, meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 3582-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING SOUTH BEND POLICE CORPORAL GALEN PELLETIER, THE 2005 POLICE OFFICER OF THE YEAR , Whereas the Common Council of the City of South Bend, Indiana, notes that for the past four (4) years, the South Bend Police Department recognizes officers of the 1 REGULAR MEETING MAY 8, 2006 department for their dedication and heroism which has gone above and beyond the call of duty; and Whereas? the Common Council further recognizes that the most distinguished award which is annually given by the South Bend Police Department at their Awards Ceremony is the “Officer of the Year” Award ; and Whereas, the South Bend Common Council is especially proud to recognize the 2005 Police Officer of the Year, Corporal Galen Pelletier, a 10 year veteran of the South Bend Police Department whose duties include being a Patrol Officer, Field Training Officer and a Uniform Crime Scene Technician; and Whereas, the Common Council would like to especially publicly recognize that when Corporal Pelletier accepted the “Officer of the Year” Award early this year, that he humbly dedicated the award to a fellow officer on the South Bend Police Department, his brother, Bill Pelletier, who was on the department for just 16-months when he was shot in April of 2005, in the line of duty while trying to arrest a suspect. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends, honors and celebrates the dedication, hard- work, and professionalism of the 2005 South Bend Police Officer of the Year, Corporal Galen Pelletier. Section II. The South Bend Common Council honors each of the 262 sworn police officers of the South Bend Police Department who daily work to protect the lives and properties of our citizens; and salutes in particular, Corporal Galen Pelletier, who is a role model for all police officers throughout our nation. We are forever grateful and fortunate to have such a fine person protecting and serving as a sworn member of the South Bend Police Department; who with his fellow officers provide public safety services on a 24/7 basis, and are daily striving to make our city a safer community for all. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/Kathleen Cekanski-Farrand, Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Varner made the presentation for this Resolution by reading in its entirety and presenting it to Police Chief Thomas Fautz on behalf of Corporal Galen Pelletier. 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. Police Chief Thomas Fautz thanked the Council on behalf of Corporal Galen Pelletier. Chief Fautz stated that Corporal Pelletier dedicates numerous hours giving back to the 2 REGULAR MEETING MAY 8, 2006 community. Corporal Pelletier is a 10 year veteran whose duties include being a Patrol Officer, Field Training Officer and a Uniform Crime Scene Technician. Chief Fautz also stated that Corporal Pelletier is a cancer survivor. Councilmember Dieter stated that he has worked with Corporal Pelletier for numerous years. He stated that Galen is a hard working individual who is dedicated to his job and has an outstanding attitude. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Kelly seconded the motion which carried. RESOLUTION NO. 3583-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING ALL POLICE OFFICERS KILLED IN THE LINE OF DUTY AND DECLARING THE WEEK OF MAY 14, 2006, AS LAW ENFORCEMENT MEMORIAL WEEK IN SOUTH BEND, INDIANA Whereas? the Common Council of the City of South Bend, Indiana, notes that 155 police officers died in the line of duty in 2005, with one law enforcement officer being killed in America every 53 hours; 56,000 officers being assaulted each year which have resulted in over 16,000 injuries annually; and Whereas, the National Law Enforcement Officers Memorial in Washington, D.C. honors more than 17,000 of America’s federal, state and local law enforcement officers who have been killed in the line of duty; with this year our nation honoring all of these th heroes during National Police Week which begins on May 14 and continues through May 20, 2006; an annual memorial service which began in 1962 when President John F. th Kennedy signed the federal law designating each May 15 as Peace Officers’ Memorial Day; and when all American flags are lowered to half-staff; and Whereas, the South Bend Common Council further recognizes that Fraternal Order of Police, Lodge # 36 will be conducting on Wednesday, May 17, 2006 at 1:30 p.m. at our Police Headquarters, the City of South Bend’s annual tribute and memorial service to honor all of the South Bend Police Department Officers who have given their lives in the line of duty, namely: Hans Brandt Samuel Cooper Charles E. Farkas, Sr. Neil McIntyre Fred E. Buland Paul R. Deguch Ronald St. Germain, Sr. Delbert Thompson Oscar Christenson Thomas J. DeRue, Sr. Lewis Keller Lloyd Thompson Howard Wagner with the name of an 8-year veteran of the South Bend Police Department,Corporal Scott Lee Severns, PIN # 2018, being added to the South Bend Police Officers Memorial Monument last month, after he made the ultimate sacrifice when protecting and saving the life of a citizen during an armed robbery attempt. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commemorates, celebrates, remembers and gratefully honors the fourteen (14) members of the South Bend Police Department who made the ultimate sacrifice while serving and protecting the residents of the City of South Bend, Indiana. Section II. The South Bend Common Council honors each of these fallen police heroes, all of the fallen law enforcement officers across the country, and all of their 3 REGULAR MEETING MAY 8, 2006 families, friends and colleagues who have been left behind; not because of the way each of them died, but rather because of the way each of these dedicated police officers lived and performed their police duties 24/7, as a sworn peace officer. Section III. The Common Council hereby declares the week of May 14, 2006, as Law Enforcement Memorial Week in South Bend, Indiana. The Common Council urges all citizens to attend the upcoming Memorial Service on May 17, 2006, and to remember those who have given their lives while serving as part of the “thin blue line” standing between the lawful and the lawless. The Council further challenges all members of the South Bend Community to work together in making South Bend a safer city for all. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/Kathleen Cekanski-Farrand, Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Puzzello made the presentation for this Resolution by reading it in its entirety and presenting it to Police Chief Thomas Fautz. A Public Hearing was held on the Resolution at this time. Steve Noonan, President, Fraternal Order of Police Lodge #36, thanked the Council for this Ordinance. Mr. Noonan stated that the Police Department suffered another loss of a brother officer, Cpl. Scott Severns who made the ultimate sacrifice when protecting and saving the life of a citizen during an armed robbery attempt. He noted that the Fraternal Order of Police will conduct an annual tribute and memorial service to the departed brothers who have given their lives in the line of duty on Wednesday, May 17, 2006 at 1:30 p.m. at the main entrance to the Police Station located at 701 W. Sample Street, South Bend, Indiana. Police Chief Thomas Fautz, 701 W. Sample Street, South Bend, Indiana, thanked the Council for this honor. Chief Fautz also thanked the Council for this honor. Chief Fautz stated that he would like to thank all the citizens in the South Bend Community on their effort to work together to make South Bend a safer city for all. There was no present wishing to speak in opposition to this Resolution. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion carried. RESOLUTION NO. 3584-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH 4 REGULAR MEETING MAY 8, 2006 BEND, INDIANA, DECLARING MAY 15, 2006, TO MAY 19, 2006 AS NATIONAL BIKE TO WORK WEEK IN SOUTH BEND, INDIANA Whereas, the Common Council of the City of South Bend, Indiana, notes the “Paint the Town Cycle Coalition”, a local bicycle advocacy group, is working with the Michiana Bicycle Association (MBA) to promote bicycle safety; and Whereas, for the past three (3) years, the Memorial Health Systems have annually promoted bicycle safety programs and related health programs; and Whereas, the South Bend Common Council, in conjunction with the Paint the Town Cycle Coalition, the Michiana Bicycle Association, Habitat for Humanity, DTSB, Inc., Memorial Hospital, and other downtown businesses are pleased to announce a city- wide special event in downtown South Bend scheduled for Monday, May 15, 2006, from 7 a.m. to 10 a.m. when members of the Bike Coalition, the MBA and twenty (20) cyclists from Habitat for Humanity will head off to Indianapolis to host a bicycle commuter table/tent for bicyclists at the College Football Hall of Fame Gridiron, and will welcome other bicycle commuters as they bike to work. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly declares May 15, 2006 to May 19, 2006 as NATIONAL BIKE TO WORK WEEK IN SOUTH BEND, INDIANAand encourages , all employees and their employers to bike to work in this first-ever, city-wide awareness effort. Section II. The South Bend Common Council encourages all residents to come to the College Football Hall of Fame Gridiron on Monday, May 15, 2006 from 7 a.m. to 10 a.m., for refreshments and to learn more about bicycle safety from professional bike mechanics, and receive information on commuter tips, maps and other efforts in making South Bend a more bike-friendly place to live and work. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/Kathleen Cekanski-Farrand, Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Dieter made the presentation for this Resolution by reading it in its entirety and presenting it to Dr. Judith Roberts. A Public Hearing was held on the Resolution at this time. 5 REGULAR MEETING MAY 8, 2006 Dr. Judith Roberts thanked Mr. Jeff Nixa for organizing this event and thanked the Council for this honor and making South Bend a more bike-friendly city. Mr. P. J. Thuringer, South Bend, Indiana, stated that he rides his bike to work everyday. He thanked the Council for this Resolution and encourages everyone to learn more about bicycle safety and making South Bend a more bike-friendly place to live and work. Councilmember Puzzello commended all those who ride their bikes to work. She wondered if there were enough places to park the bicycles at work places? Dr. Judith Roberts stated that she would like to see more bike racks. There was no one present wishing to speak in opposition to this Resolution. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. A. Prize Winners of the Second Annual South Bend-Czestochowa Halina Poetry Prize Contest. Mayor Stephen J. Luecke stated that the City of South Bend has been a Sister City with Czestochowa, Poland for fourteen (14) years. Czestochowa became South Bend’s first sister city on July 21, 1992, following a visit there by then-Mayor Joe Kernan while on trade delegation to the former Soviet Union in 1991. Mayor Luecke stated that the Halina Poetry Prize, is a poetry contest for high school students, and was designed to showcase area students’ literary talent and to honor South Bend’s Sister City, Czestochowa, Poland. This year’s winners are: Halina Prize: Joseph Beatty, Grade 11, Adams H. S. Honorable Mentions, Grades 11-12: Ashley Kay Peterson, Grade 11, Riley H.S. Brandie Picton, Grade 11, Riley H.S. (Note: Ashley Kay Peterson also received the 2005 Halina Honorable Mention for the 9- 10 Grade Division.) Honorable Mentions, Grades 9-10: David Tidmarsh, Grade 10, Adams H.S. Megan Weldy, Grade 10, Adams H.S. Teachers: Adams High School – Ann Raymer Riley High School – Susan Pantoja “The Halina Poetry Prize gives high school students from public, parochial and private schools an opportunity to express themselves and be recognized for their outstanding skills,” stated Mayor Luecke. “The contest also helps build recognition of our Sister City, Czestochowa and its great history and culture. It is through international relations like these that cities can build important ties that link individuals across thousands of miles, and through better understanding, help us to peacefully embrace our differences.” This year, a total of 345 entries, 40% more than 2005, were received from students representing eight South Bend high schools including Adams, Clay, Riley, Washington, Naftali Riff Yeshiva, Bendix Adult Alternative, St. Joseph High School, Community Baptist, and several homeschoolers. Committee members anonymously judged the entries and selected the Halina Poetry Prize winner and two Honorable Mentions in each 6 REGULAR MEETING MAY 8, 2006 category, grades 9-10 and 11-12. The Halina Poetry Prize winner received $200 and Honorable Mention Award winners received $50 each. In addition, the top poems in each age category have been selected for inclusion in the 2006 Halina Poetry Prize Chapbook. Mayor Luecke stated that the City of South Bend would like to thank the sponsors of the 2006 Halina Poetry Prize contest for their generosity. Sponsors include DLZ Construction, University of Notre Dame Institute of Nanovic Studies, Chopin Fine Arts Club, and M.R. Falcons. The Halina Poetry Prize was named in honor of Halina Poswiatowska who was born in Czêstochowa on May 9, 1935. She wrote poetry from a very young age and published three volumes before her untimely death at the age of 32. Her poetry is still highly regarded in Poland. The Halina Poetry Prize Committee includes Dr. Gabrielle Robinson, IUSB International Programs; Vernell Ball Daniel, African-American Arts Assoc.; Nancy Botkin, IUSB English Department; Conrad Damian, Washington High School; Patricia Falvey, Holy Cross College; Mary Sue Freitag, Chopin Fine Arts Club; Bonny Hoover, Clay High School; Patricia Jones, South Bend Area Music Teachers’ Association; Phyllis Moore- Whitesell, IUSB English Dept.. The third annual Halina Poetry Prize contest will be launched at the beginning of 2007. The City of South Bend and the Halina Poetry Prize Committee would like to thank area high schools for their participation and in particular theEnglish teachers who encouraged and facilitated student contributions. This year’s winners will present a reading of their poems during the Chopin Fine Arts Club Youth Piano Competition Winner’s Recital on Thursday, May 11 at 7 P.M. at the Snite Museum. In addition, this year’s partnership also includes the South Bend Symphony and their Na Zdrowie! Sister City Celebration. The Symphony’s Guest Artist, Pianist Maciej Zagorski will also perform at the Chopin Recital as well as at the Symphony Concert on Saturday, May 13 at the Morris Performing Arts Center at 7 P.M. Dr. Garielle Robinson, Halina Poetry Prize Committee Chair, stated that she was very pleased with the terrific response of our local students. She stated that “more importantly we were so impressed with the quality and the insight represented in their body of work.” RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:35 p.m., Councilmember Kelly made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of seven (8) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code 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. 15-06 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT A VACANT, TRIANGULAR SHAPED PARCEL BOUNDED ON THE EAST BY MEADE STREET, ON THE NORTH BY LAWTON STREET AND THE SOUTHWEST SIDE BY WASHINGTON STREET; FOUR VACANT LOTS LYING NORTH AND ADJACENT TO LAWTON STREET FROM MEADE STREET WEST 160 FEET TO THE FIRST NORTH/SOUTH ALLEY WEST OF MEADE STREET; FOUR VACANT LOTS 7 REGULAR MEETING MAY 8, 2006 LYING SOUTH AND ADJACENT TO KENWOOD AVENUE FROM MEADE STREET WEST 160 FEET TO THE FIRST NORTH/SOUTH ALLEY WEST OF MEADE STREET; EIGHT VACANT LOTS FROM KENWOOD AVENUE NORTH TO BERTRAND STREET BEING 160 FEET IN WIDTH, EAST AND WEST, FROM MEADE STREET WEST TO THE FIRST NORTH/SOUTH ALLEY WEST OF MEADE STREET COUNCILMANIC DISTRICT #2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember White, Member, Zoning and Annexation Committee, reported that this Committee met this afternoon and this bill was sent to the full Council with no recommendation due to the lack of a quorum. 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. th Mr. P.J. Thuringer, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Thuringer advised that the petitioner is requesting a zone change from “SF2” Single & Two Family and “GB” General Business to “LI” Light Industrial to allow the expansion of the Bosch Corporation parking lot. On site is an existing building, existing parking lot, and vacant undeveloped land zoned “LI” Light Industrial, “GB” General Business, and “SF2” Single Family Residential. To the north is Bendix park zoned “SF2” Single Family Residential. To the east are single family houses zoned “SF2” Single Family, a vacant parcel of land zone “LI” Light Industrial, and a warehouse zoned “LI” Light Industrial. To the south is the Amtrak Station zoned “LI” Light Industrial. To the west is the Bosch Corporation buildings zoned “LI” Light Industrial. The “LI” Light Industrial District is established to provide for development of office/warehouse, warehouse/distribution, wholesale, assembly and manufacturing or processing facilities which are clean, quite, free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Permitted uses in this district end to generate heavy traffic, require extensive community facilities, and may require limited amounts of outdoor storage. The LI District is also intended to function as a transitional district between the more intense general industrial districts and other less intense districts. The site plan shows 648 parking spaces. Access is from Bertrand Street at the northeast corner of the site, from Meade Street on the eastern side of the site, and from Washington Street. Walkways and landscape screening are shown. Prior to 1997 the petition area was a mix of commercial and industrial zoning. In 1997, the area to be rezoned and areas adjacent to the east were rezoned from “B” Residential, “C” Commercial, “D” Light Industrial, and “E” Heavy Industrial to “A” Residential for the purpose of bringing the existing houses into zoning conformance and to allow for the construction of single-family houses. It was rezoned to residential with the hope that it would spur the construction of new single family homes within this area which transitioned between commercial/industrial and residential land uses. The residential infill never occurred. Bendix Drive is a four lane street at this location. According to the MACOG traffic counting program, 6,336 cars per day traveled on Bendix Drive south of Bertrand Street in 2004. The site is served by municipal water and sanitary sewer. The Comprehensive Plan Policy Plan Goal 2: Encourage the economic development of the county and its municipalities Objective A: Ensure that suitable areas are available for future industrial development. Policy iii. Heavy industrial uses will also have access to railroad line. Topography shall have less than 3% slope. Sites will have full access to municipal water, wastewater, and sanitation services. This petition is consistent with the Comprehensive Plan economic development policy. This area is not identified by the Land Use Plan for a specific land use. Currently, the are to be rezoned is vacant. The area to the east is mostly single-family houses. The most 8 REGULAR MEETING MAY 8, 2006 desirable use would be for a “LI” Light Industrial use. The impact on surrounding residential property values should be minimized with property landscaping. It is responsible development and growth to locate light industrial uses adjacent to other industrial uses and rail lines that are served by municipal water and sewer. Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. The rezoning is for the expansion of the Bosch facility. It is compatible with the adjacent industrial land use. It is consistent with the Comprehensive Plan economic development policy. Lastly, landscaping will help buffer the surrounding neighborhood. Mr. Bernie Feeney, Lang, Feeney & Associates, Inc., 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Feeney advised that he is representing the City of South Bend along with the Bosch Corporation to request that the property in question be rezoned from SF2 Single Family and Two Family District; and GB General Business to LI Light Industrial District. This rezoning will allow for the expansion of the Bosch Corporation Campus. 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 whishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 26-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $142,632 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S SHELTER PLUS CARE GRANT PROGRAM WITHIN FUND 212 COMMUNITY DEVELOPMENT FUND Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and vote to send it to the full Council with a favorable recommendation. th Mr. John Seller, Community & Economic Development Department, 12 Floor County- City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Sellers advised that this bill will appropriate Shelter Plus Care grant funds received by the City of South Bend from HUD. The funds will be used to defray housing costs for the seriously mentally and physically ill in programs operated by Madison Center and AIDS Ministries/AIDS Assists. The programs use rental subsidies along with case management to stabilize clients. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. 9 REGULAR MEETING MAY 8, 2006 BILL NO. 19-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 5, SECTION 17-29 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AUTHORIZATION TO ENTER INTO SPECIAL RATE CONTRACTS FOR SEWER SERVICE Councilmember Kirsits made a motion to continue this bill until the June 26, 2006 meeting of the Council. CouncilmemberVarner seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Dieter made a motion to rise and report to the full Council. Councilmember Kelly seconded the motion which carried by 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 7:45 p.m. Council President Timothy A. Rouse presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9674-06 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, JOHN ROY, 54670 WILLIS AVENUE, SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9675-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT A VACANT, TRIANGULAR SHAPED PARCEL BOUNDED ON THE EAST BY MEADE STREET, ON THE NORTH BY 10 REGULAR MEETING MAY 8, 2006 LAWTON STREET AND THE SOUTHWEST SIDE BY WASHINGTON STREET; FOUR VACANT LOTS LYING NORTH AND ADJACENT TO LAWTON STREET FROM MEADE STREET WEST 160 FEET TO THE FIRST NORTH/SOUTH ALLEY WEST OF MEADE STREET; FOUR VACANT LOTS LYING SOUTH AND ADJACENT TO KENWOOD AVENUE FROM MEADE STREET WEST 160 FEET TO THE FIRST NORTH/SOUTH ALLEY WEST OF MEADE STREET; EIGHT VACANT LOTS FROM KENWOOD AVENUE NORTH TO BERTRAND STREET BEING 160 FEET IN WIDTH, EAST AND WEST, FROM MEADE STREET WEST TO THE FIRST NORTH/SOUTH ALLEY WEST OF MEADE STREET COUNCILMANIC DISTRICT #2 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to consider the substitute version of this bill. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9676-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $142,632 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S SHELTER PLUS CARE GRANT PROGRAM WITHIN FUND 212 COMMUNITY DEVELOPMENT FUND This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3585-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1142 E. SORIN 1624 DUNHAM, 2221 SMITH, 616 AND 620 WALNUT, AND 105, 109 AND 113 CARLISLE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY 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 11 REGULAR MEETING MAY 8, 2006 WHEREAS, a Declaratory Resolution designated the area commonly known as 1142 E. Sorin, 1624 Dunham, 2221 Smith, 616 and 620 Walnut, and 105, 109 and 113Carlisle, South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: st 1142 E. Sorin Lot 12 Park Place 1 Addition 18-5082-2862 st 1624 Dunham Lot 9 Gorsuchs 1 18-4001-0005 2221 Smith Lot 39 Hollowell and Smith 18-2025-0800 Subdivision of Lot 7 K & M Addition st 616 Walnut Lot 51 Orchard Heights 1 18-1037-1614 st 620 Walnut Lot 52 Orchard Heights 1 18-1037-1613 105 Carlisle Lot 123 Oak Grove 18-2021-0648 109 Carlisle Lot 122 Oak Grove 18-2021-0645 113 Carlisle Lot 121 Oak Grove 18-2021-0642 be designated as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et 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 12 REGULAR MEETING MAY 8, 2006 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 Councils 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. Mike Cochran, 402 E. South Street, Construction Assistants, Habitat for Humanity of St. Joseph County, made the presentation for this bill. Mr. Cochran advised that Habitat for Humanity is preparing to build new homes on the properties listed above. The homes will be between 1,120 square feet and 1,344 square feet in size. They will have three or four bedrooms and one or one and three-quarter bathrooms. Each home will be built on a crawl space. Habitat will use volunteer labor and donated materials to build the homes which will be sold to qualified low income families. The approximate cost of each home will be $65,000. The total estimated dollar value of the project is $520,000.00 this project helps promote future improvements and development in the area. Mr. Cochran further noted that Habitat for Humanity in the last ten years has built 67 homes inside the limits of incorporated South Bend. Of those, 61, or 91% are still owned and occupied by the original homeowners. Five of the houses, 7.5% have been sold and only one of the 67 homes built or 1.5% has been foreclosed. Mr. Cochran stated that the data shows that there is great stability for the Partner families, and that they are also taking the opportunity to build equity to sell their homes and to advance themselves. A Public Hearing was held on the Resolution at this time. 13 REGULAR MEETING MAY 8, 2006 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 Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3586-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2820 VIRIDIAN DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MACK TOOL & ENGINEERING, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as , 2820 Viridian Dr. South Bend, Indiana, and which is more particularly described as follows: Parcel of land, in the Southeast quarter of Section 28 of the Airport Industrial Park containing approximately 1.75 acres. and which has Key Number 25-1010-040029, as an Economic Revitalization Area; 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 an economic revitalization 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 confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal 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 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council 14 REGULAR MEETING MAY 8, 2006 Mr. Paul Hartz, Vice-President, Mack Tool & Engineering, 15722 Sunrise Trail, Granger, Indiana, made the presentation for this bill. Mr. Hartz advised that Mack Tool & Engineering is a prototype and experimental precision machining parts business in the aerospace and medical industries. The additional manufacturing equipment will provide approximately 25% additional production capacity. The new machines are a Mazak Variaxis, two Mazak Intregrex 200’s, and ADF washer, three Haas Mini Mills, and two palleting systems. The expansion of capacity will generate additional revenue and create five new jobs. It is estimated that the cost of the new equipment will be $2,000,000. 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 Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3587-06 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 915 NORTH NOTRE DAME AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR THOMAS AND SHANNON GUINAN 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 915 North Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: nd E ½ Lot 128 Sorin’s 2 Addition , and this property has Tax Key Number 018-5107-3782be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. 15 REGULAR MEETING MAY 8, 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 determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is 16 REGULAR MEETING MAY 8, 2006 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 Mr. Thomas Guinan, 50936 Stone Hill Ct, Granger, Indiana, made the presentation for this bill. Mr. Guinan advised that he and his wife are preparing to build a new eight room home. The home will be approximately 2,800 square feet and have a basement. The cost of the home will be approximately $380,000. 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 Kelly made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3588-06 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 711 & 715 CALIFORNIA AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR NEAR NORTHWEST NEIGHBORHOOD, INC. WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the areas commonly , known as 711/715 California AvenueSouth Bend, Indiana, and which are more particularly described as follows: Tax lot numbered 13 in lot numbered 134 of the third plat of Shetterley Place, South Bend , and this property has Tax Key Numbers 18-1062-2664and18-1062-2665be 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; 17 REGULAR MEETING MAY 8, 2006 WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: 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 Councils 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. 18 REGULAR MEETING MAY 8, 2006 SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be 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 Mr. Doug Merritt, Near Northwest Neighborhood, Inc., 1007 Portage Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Merritt advised that the Near Northwest Neighborhood is planning to build a new single family, three bedroom home with a total of six rooms. It will contain 1,120 to 1,300 square feet and have a basement and an attached 440 square foot garage. The cost of the home will be approximately $120,000. 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 Kelly made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3589-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS LICENSES FOR CALENDAR YEAR 2006 FOR RECYCLING A/K/A GREENTECH TRANSFER PURSUANT TO §4-51 OF THE SOUTH BEND MUNICIPAL CODE 19 REGULAR MEETING MAY 8, 2006 Whereas, the Common Council of the City of South Bend, Indiana, notes that South Bend Municipal Code Section 4-51 of the sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers, and recycling operations; and Whereas, the Common Council notes that on April 24, 2006 the Office of the City Clerk received a memorandum from the Clerk of the Board of Public Works stating that at the April 24, 2006 meeting of the Board of Public Works, it recommended favorably that the following business be approved for a license for the 2006 calendar year: Recycling a/k/a Greentech Transit Located at 2500 GreenTech Drive South Bend, Indiana 46613 Whereas, the Council further notes that the license applications for each of the above- referenced business received “favorable recommendations from Code Enforcement, Fire Department, Water Works and the Legal Department” as set forth in the attached letter from the Clerk. , Now, Therefore, be it resolved by the Common Council of South Bend, Indiana, as follows: Section I. The license applications for the following business is approved based upon the satisfactory review of the properties by the Department of Code Enforcement, Water Works and the Fire Department Prevention Bureau, as well as the favorable recommendation of the Board of Public Works at its Board meeting of April 24, 2006, as evidence by the Board’s communication to the Office of the City Clerk dated April 24, 2006: Recycling a/k/a Greentech Transit Located at 2500 GreenTech Drive South Bend, Indiana 46613 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/Timothy A. Rouse Member of the Common Council th Mr. Gary Gilot, President, Board of Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana made the presentation for this bill. Mr. Gilot introduced Mr. Chuck Clark, Business License Deputy, Department of Administration and Finance. Mr. Gilot stated that Mr. Clark will be handling the issuance of the Scrap Metal/Junk Dealers Licenses for the City of South Bend, through the Department of Administration and Finance. Mr. Gilot further noted that the Board of Public Works at its regular meeting on April 24, 2006, approved forwarding all License Applications for Scrap Metal Dealers/Junk Dealers Recycling Operations/Transfer Station to the Council’s attention once they have been approved. This license application has received favorable recommendations from the Department of Code Enforcement, Fire Department, Water Works and the Legal Department. 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 Pfeifer made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS - FIRST READING 20 REGULAR MEETING MAY 8, 2006 BILL NO. 30-06 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1954 PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 31-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR AND/OR CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, TO MAKE TEMPORARY LOANS TO MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2005, AND COLLECTABLE I N THE YEAR 2006, AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Personnel & Finance Committee and set if for Public Hearing and Third Reading on May 22, 2006. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS NEW BUSINESS Councilmember White advised that the Urban Enterprise Association met this past week and conducted general business. She stated that continued discussion regarding tenants at the Sample Street Complex is ongoing. Councilmember Pfeifer thanked the Near West Side Public Library Committee for all their hard work and effort in keeping the LaSalle Branch Library open. Councilmember Rouse stated that the Waste Management Board met last week and conducted general business. He reported that the Board is very much in place and the finances were up a little bit for the last two months. They also reviewed the lease agreement in their present structure and it is recommended that they undergo a few changes. The waste management corporation for the county is going quite well. Much above the expectations for this time of the year. Council President Rouse advised Bill No. 29-06 will have Public Hearing and Third Reading on June 26, 2006. Currently the bill is scheduled for May 22, 2006, however, due to scheduling conflicts with Councilmember Kirsits and himself, it will be moved back by agreement of the Council until the June 26, 2006 meeting. 21 REGULAR MEETING MAY 8, 2006 Councilmember Pfeifer in addition to the Wednesday meeting, she wants everyone has a change to be heard and that we are able to gather support from as many places as possible so in addition to the meeting this Wednesday, from 4:00 p.m. to 6:00 p.m. we are also going to have an additional meeting Wednesday, May 17, 2006 from 5:00 p.m. – 6:30 p.m., and the Clerk’s Office will be sending the meeting notice. She wants everyone to have input and to gather information, so that they can make an informed decision. PRIVILEGE OF THE FLOOR April Lidinsky, 536 S. Sunnyside, South Bend, Indiana, American Association of University of Women, to speak about the Human Rights Ordinance. She is a board member of the South Bend branch of AUW and the public policy chairperson. Since its founding in 1881, the AUW’s mission is to promote equity for all women and girls lifelong education and positive social change. They understand that homophobia is weapon of sexism and like all prejudices its works through the same poisonous tactics of stereotyping and misinformation. Therefore, the South Bend Branch of the AUW, expresses to the South Bend Common Council their strong support for expanding the Human Rights Ordinance to include sexual orientation and gender identity. Significantly, a 2006 AUW Educational Foundation research report on sexual harassment on colleges campuses the most comprehensive study of its kind revealed that lesbian, gay, bi-sexual and transgender students are more likely than heterosexual students to be sexual harassed and far more likely to be harassed more often. The civil rights of the LGBT individuals are deeply important to their organization and they are mobilizing nationally in the inequities in the experiences of LGBT students on campuses. The City needs to move in the direction that other cities in Indiana have already taken. The claims of special protections and special rights that have been made by detractors of Bill 29-06 are all to familiar to women who have fought for hundreds of years these same battles for equal treatment under the law regardless of gender. That battle is still waging. Sexism cannot be eliminated without eliminating homophobia and all bias based on sexual orientation and gender identity. The AUW hopes the Council’s share their same vision of a just world by recognizing that human rights must belong to all of us. Robin Beck, Executive Director, Another Book Store, 100 N. Center Street, Mishawaka, Indiana, stated that Another Book Store is a resource center for GLBT. The center has many youth, who use the bookstore as a resource center, their ages range from fourteen (14) years to twenty-two (22). There are two in attendance tonight, however, they do not wish to give their names for the record, because of backlash from fellow students. Council President Rouse advised that the Council discussed this before the meeting tonight and regrets to inform that they cannot allow people to speak who do not identify themselves. This is a rule of the Council, that anyone who wishes to speak to the Council must identify themselves. Councilmember Pfeifer asked if they could stand if they would like. Ms. Beck stated that she believes that these students are future leaders of the community. She would like to see the amendment to the Human Rights Ordinance, so that these future leaders have a reason to stay in the community. Maureen Lafferty, 739 Marquette Avenue, South Bend, Indiana, she has been involved with South Bend Equality for over a year working to add sexual orientation and gender identity to the Human Rights Ordinance for the City. She has sixty-six statements from citizens who attended the South Bend Common Council Meeting on April 27, 2006 in support of Bill 29-06 in support of amending the Human Rights Ordinance. She filed them with the Office of the City Clerk. Robert Seifert, 1401 King Street, South Bend, Indiana, stated that since 1984 he has been employed by South Bend Heritage Foundation, the Colfax Cultural Center as an Art Consultant and Preparer for the Art and Galley Programs. He works with artist setting up shows. For a period of ten (10) years he had no problems and had an excellent rapport with all the staff. Starting about the spring of 1994, they had a security person working 22 REGULAR MEETING MAY 8, 2006 there who would once in a while make a homophobic comment about himself or others they that he perceived to be gay. He would create stories about them. Mr. Seifert said that he would let the comments go at first, because he really doesn’t have any experience and it was not his job to reprimand him. As time went on it became more prevalent and he started to involve more people in these accusations, and for a fact they were not gay or lesbian. He just perceived them to be so. Mr. Seifert said that he finally mentioned to him that he should be more understanding and accepting and that his job was security not to figure out who is sleeping with whom. Mr. Seifert stated that he filed a report with the Executive Director and was told that they would take with this individual, which they did. Things were good for awhile, but things started up again. This went on from 1994 until 1997. Mr. Seifert stated that all he requested over this period of time on several different occasions could he and the security person, the administrator and the assistant administrator sit down for ten (10) minutes and talk this out. He stated that he was never allowed that opportunity it was just a matter of saying that they would take care of this and talk to the security person. It never subsided, and the working conditions became utter harassment, because he never knew when this person would come into the gallery when he was working and make some comments. It was almost like the security guard enjoyed it because he was getting away with it. Mr. Seifert said that he went to the South Bend Human Rights Commission and found out that there wasn’t much of an alternative. He inquired with a friend that was a civil rights administrator with the Federal Government and he explained to him that since the South Bend Heritage Foundation received federal money, he could file a complaint through the government and he would assist him in doing so, because they would be able to investigate it. Unfortunately, this person, the security person became very ill, terminal and died in about six weeks. If Bill 29-06 is amended hopefully, others would not have to go through what he had to go through and be handled in a more diplomatic way. Dr. Carolette R. Northwood, 1201 E. Bronson Street, South Bend, Indiana, spoke in support of Bill 29-06, it is the right thing to do. Prejudice and discrimination is wrong regardless of color, sexual orientation etc. nd Pamela Wesolowski, 1102 S. 32 Street, South Bend, Indiana, speaking on behalf of herself and friends who are too afraid to come to the Council meetings because of exposure to cameras and the news. Ms. Wesolowski stated that when she read the mission statement of the Council, she didn’t think anyone looked at it and said that being responsive to the needs of the residents was supposed to be something that excluded anyone. She encouraged the Council to pass Bill 29-06 to include everyone in the community. She stated that she has dealt with physical threat from people in public; she has had a firearm pulled on her because she is a lesbian. In 1999 as a member of the Legal Community in South Bend, after serving under Michael P. Barnes of the St. Joseph County Prosecutor’s Office and after his term ended after the election after one year of employment under the new prosecutor and an excellent performance review and a substantial increase in pay, her employer found out one way or another that he was a lesbian and the next morning she was terminated. That was it, the excuse was given that, and she stated that she really didn’t know what the excuse was. She stated that she honestly doesn’t know, she stated that she heard so many things and at that time she didn’t think that it would do any good to go to the Human Rights Commission. She didn’t feel like there was anyway to fight that. People just want a chance to be able to contribute to the Community to continue to be who they are. Tax paying law abiding citizens and not asking for a privilege it is just asking for the same protection that anyone can expect anywhere. She thanked the Council for taking the time to review this bill and for taking the time to making the policies for the City of South Bend to be inclusive instead of exclusive. Mike Eisenhower, 4230 Hickory Road, Mishawaka, Indiana, member of the United States National Guard, and has been in the Army for eight (8) years. He works at Sears Roebuck and Co., and employed for four (4) years. At both of his jobs it is against the rules for any kind of discrimination toward anyone. He stated that he is very pleased that those rights to protect him at both the Sears and the National Guard are in place. These places of employment work together as a team and respect each other; there is no type of discrimination at either place. One thing that he learned in the military that team work is essential to the job. Working together is vital to accomplishing the goal at hand. Mr. 23 REGULAR MEETING MAY 8, 2006 Eisenhower stated that he is very blessed to be employed by Sears and the National Guard who do not allow discrimination at their work place. Elizabeth Karle, 605 Marquette, Avenue, South Bend, Indiana, stated that people should not have to beg to be treated equally. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 8:25 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Timothy A. Rouse, President 24