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Home My WebLink About03-14-05 Council Meeting Minutes REGULAR MEETINGFEBRUARY 28, 2005 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 28, 2005 at 7:00 p.m. The meeting was called to order by Council President Charlotte D. Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Derek D. Dieter 1 District nd Charlotte Pfeifer 2 District President rd Roland Kelly 3 District Chairperson, Committee of the Whole th Ann Puzzello 4 District th David Varner 5 District th Ervin Kuspa 6 District Timothy Rouse At-Large Karen L. White At-Large Vice-President Al “Buddy” Kirsits At-Large OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk 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 14, 2005, meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Charlotte D. Pfeifer s/David Varner Councilmember Puzzello made a motion that the minutes of the February 14, 2005, meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 3421-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA PUBLICLY COMMENDING ROBERT C. ROSENFELD FOR HIS MANY YEARS OF DEDICATED SERVICE AS A DEPUTY CITY ATTORNEY WHEREAS, the Common Council of the City of South Bend, Indiana, is proud to st recognize that on the 1 day of April, 1980, Robert C. Rosenfeld was hired as a Deputy City Attorney in the Legal Department; and WHEREAS, the Council recognizes that Robert C. Rosenfeld has diligently served under five (5) City Attorneys, namely Richard L. Hill, Eugenia Schwartz, Richard A. Nussbaum II, John E. Broden, and Charles S. Leone; and WHEREAS, Deputy City Attorney Robert C. Rosenfeld has been instrumental in professionally handling the City of South Bend’s Self-Insurance Program during his many years of service which has resulted in significant and substantial savings to the city; and 1 REGULAR MEETINGFEBRUARY 28, 2005 WHEREAS, in addition to expertly handling the self-insurance program, Robert C. Rosenfeld has provided exceptional legal assistance in collections declaring with property damage, sewer claims, ordinance violations, parking tickets, and Community Development foreclosures and collections; addressing many Bureau of Water Works issues including successfully settling the litigation over the contamination of the Olive Street well field; has reviewed countless parking ticket appeals and has handled many workers compensation cases on behalf of the city. 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 thanks and commends Deputy City Attorney Robert C. Rosenfeld for his many years of dedicated public service in the City’s Legal Department. Section II. The South Bend Common Council wishes Deputy City Attorney Robert C. Rosenfeld and his wife, Debbie, many years of great golfing and culinary adventures together; and wishes Bob many memorable and unforgettable times with his daughter, Shelly, and his son, Aaron, in the years ahead. 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, First District s/David Varner, Fifth District s/Charlotte D. Pfeifer, Second District s/Ervin Kuspa, Sixth District s/Roland Kelly, Third District s/Timothy A. Rouse, At-Large s/Ann Puzzello, Fourth District s/Al “Buddy” Kirsits, At-Large s/Karen L. White, At-Large s/Kathleen Cekanski-Farrand ATTEST: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember David Varner, 1306 Clayton Drive, 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 Robert Rosenfeld. A Public Hearing was held on the Resolution at this time. Bob Rosenfeld thanked the City Administration and staff of the Legal Department, especially Dean Tinkel, Thomas Bodnar, Ann Carol-Nash, Cheryl Greene and Jeff Jankowski for whom it has been a pleasure to work with. Chuck Leone, City Attorney, 1400 County-City Building, South Bend, Indiana, thanked Bob for his many years of dedicated service. Chuck stated that during Bob’s tenure on the staff of the Legal Department he had processed approximately 5,000 self-insurance claims. Granting approximately 2,000 denial claims, saving the City of South Bend a considerable amount of money. Cheryl Greene, Assistant City Attorney, 1400 County-City Building, South Bend, Indiana, thanked Bob for being a mentor, colleague and friend over the years. She wished Bob and his wife Debbie many happy years to come. Jeff Jankowski, Deputy City Attorney, 1400 County-City Building, South Bend, Indiana, stated that he would miss Bob for his wisdom and knowledge and all the missed gossip from Tom’s Restaurant. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Puzzello seconded the motion which carried. 2 REGULAR MEETINGFEBRUARY 28, 2005 RESOLUTION NO. 3422-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution, and; WHEREAS, the territory proposed to be annexed encompasses approximately 3.2 acres of land containing one single family home, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 94% contiguous, generally located on the west side of Portage Road, approximately 1,540 feet north of Bendix Drive. It is anticipated that this annexation area will be developed eventually for commercial uses, and it is proposed for rezoning within the City as “CB” (Community Business) upon incorporation into the City limits and this Common Council’s approval. Such commercial use will require a basic level of municipal public services on a non-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, police and fire protection, and other non-capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street and road construction, street lighting, a sanitary extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in German Township, St. Joseph County, Indiana, be annexed to the City of South Bend: Lot 1 of Kizer’s Portage Road Minor Subdivision; including the entirety of the Portage Road Right-of-Way. 3 REGULAR MEETINGFEBRUARY 28, 2005 Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non-capital nature, such as police and fire protection, street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as street and road construction, street lighting, a sanitary sewer extension, a water distribution system, a storm water system, and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt The Fiscal Plan as set forth in Exhibit “A”, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides, among other things, that existing water main lines and sewer main lines will be sufficient to service this area; that virtually all other capital improvements required to service the annexation area, including street lighting, street construction, and a street drainage system will be planned, provided, and paid for by the developer subject to compliance with state and local law. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Kuspa, Chairperson, Zoning & Annexation 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. Larry Magliozzi, Assistant Director, Division of Community Development, 1200 County- City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi, stated that this is a voluntary petition. It is a 3.2 acre parcel of land located on the Westside of Portage Road, north of Cleveland Road. All public improvements will be required to be done at the expense of the developer. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Puzzello made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:17 p.m., Councilmember Dieter made a motion to resolve into the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Roland Kelly, Chairperson, Committee of the Whole, presiding. Councilmember noted that this is the portion of the meeting in which members of the council meet as the Committee of the Whole in order to hear presentations and public comment on bills that are presented for ordinance consideration. Each bill that will be heard tonight will have a Public Hearing and after the hearing on each bill, the committee will vote on the disposition of the bill, which typically is sent to the full Council with either a favorable or an unfavorable recommendation. He noted that the South Bend 4 REGULAR MEETINGFEBRUARY 28, 2005 Municipal code requires that the Chairperson describe the procedure for the hearings. The Committee operates in accord with the Council Rules and Procedures and Roberts Rules of Order and Council Attorney Kathleen Cekanski-Farrand who serves as the Parliamentarian. The procedure for the Public Hearing for each bill is conducted as follows: 1. The title of the bill is read by the City Clerk. 2. Reports are presented from the pertinent Common Council Committee and/or the Area Plan Commission. 3. A formal presentation in favor of the bill, which is not subject to a time limit, is heard. 4. Comments are heard from members of the public who wish to speak in favor of the bill. Each such member is limited to five (5) minutes for his/her presentation and must begin by stating his/her name and residential address. 5. Any formal presentation against the bill or Resolution which is not subject to a time limitation is heard. 6. Comments are heard from any members of the public wishing to speak against the bill. Each member of the public speaking against the bill is limited to five (5) minutes for his/her presentation and must also begin by stating his/her name and residential address. With respect to those individuals speaking against, the total time for comments by members of the public speaking against the bill is the amount of time that was used by those speaking in favor of the bill or thirty (30) minutes whichever is greater. 7. A five (5) minute rebuttal period is allowed for the persons who gave the formal presentation in favor of the bill after which the public portion of the hearing is closed. 8. Finally, the Council portion of the hearing takes place in which members will discuss the bill and vote on its disposition. PUBLIC HEARINGS BILL NO. 91-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; GREGORY A. KIZER AND MARYLOU KIZER, 52501 PORTAGE HIGHWAY, SOUTH BEND, INDIANA Councilmember Varner made a motion to hear the substitute version of this bill. Council President Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Mr. Andrew M. Videkovich, Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. 5 REGULAR MEETINGFEBRUARY 28, 2005 Mr. Videkovich advised that the petitioner is requesting a zone change from “R” Residential (County) to “CB” Community Business (City) to allow a shopping center, dry cleaners, restaurant, and similar businesses. On site is a single-family home and vacant land. To the north are single family homes in the City zoned “CB” Community Business and “OB” Office Buffer, vacant land in the City zoned “MF2” Multi-family, and single- family homes in the County zoned “R” Residential. To the east are single-family homes in the County zoned “R” Residential and an apartment complex in the City zoned “MF2” Multifamily. To the south is a bank and a commercial center in the City zoned “CB” Community Business. To the west are industrial uses in the City zoned “LI” Light Industrial. The “CB” Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. The site plan shows a 8,200 sq. ft. retail building and associated parking. Approximately half of the space will remain as open space. The parking areas for this site and the site adjacent to the south will be connected to provide ingress and egress between these properties. There is one access shown onto Portage Road. Screening and landscaping are shown and labeled on the site plan. The property to the south was rezoned to “C” Commercial in 2001 for retail, a restaurant, and financial institution. There is also a large commercial center to the south. The property to the north was rezoned in 2004 to “OB” Office Buffer, “CB” Community Business, and “MF2” Multifamily for retail, restaurant, office and multifamily. As part of that rezoning, the Commission recommended a cross-access easement to the south in anticipation of future commercial growth. At that time, their representative stated an easement would not be a problem. Portage Road is a major thoroughfare between the northern parts of the County and South Bend. It is only two lanes at this location. The petitioner is not showing any accel/decal lanes. The staff does recommend the petitioner work with the developer to the north to record a cross-access easement to reduce traffic on Portage Road. Public water and sanitary sewer are available to this site. If this is approved, it should be subject to recording a cross-access easement with the property to the north. The Area Plan Commission at its Public Hearing on January 18, 2005, sent this Petition to the Common Council with a favorable recommendation subject to recording a cross-easement to the north. Allowing the commercial zoning to expand in this area is responsible growth and is in line with the Comprehensive plan. The proposed uses will provide the residents of this part of the County with an expanded range of services. Mr. David Mirkin, Mirkin Law Offices, P.C. Wells Fargo Bank, Suite 400, 112 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill on behalf of the sellers, Gregory A. and Mary Lou Kizer. Mr. Mirkin advised that this rezoning request is to allow for a shopping center, drycleaner, and a restaurant. Surrounding properties are zoned in conjunction with this parcel of land. There have been no negative remonstrance’s to this rezoning. Councilmember Dieter asked whether there are plans to have more than one restaurant in this complex? Mr. Mirkin stated that there have been discussions with a certain restaurant chain, but is certain that if that chain does not come through, there will be another restaurant interested in this location. Councilmember Rouse asked whether the Ziker Cleaners located on S.R. 23 near the Kroger Supermarket will close that location and move to this new site? Mr. David Fishgrund, Officer, Ziker Cleaners, 1532 E. Colfax Avenue, South Bend, Indiana, advised that most likely that location will close and be relocated to this complex. Councilmember Kirsits asked Andy Videkovich, Staff Planner, Area Plan Commission, to clarify a question regarding the zoning map. Councilmember Kirsits stated as you go north from this development, the next property north is zoned “CB” then “OB” Office Buffer and then next is the residential homes. Is that “OB” zoning the cut off for the commercial development.? 6 REGULAR MEETINGFEBRUARY 28, 2005 Mr. Videkovich, Area Plan Commission, advised that is the line for the commercial development as well as the City limits. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, asked how big of a piece of property is this? Ms. Kopala stated that she attended the committee meeting this afternoon and there were no maps handed out to see how large of a parcel this project is. Ms. Kopala suggested that maps should be available for the public to look at, so people attending the meetings could have something to look at. Councilmember Dieter stated that the project is 3.19 acres. Councilmember Puzzello asked Mr. Videkovich, Staff Planner, Area Plan Commission, when he is making his presentation to the Council in the future to have a power point map on the screen or a map large enough to put on the easel for the Councilmembers and public to be able to see the area in question. Mr. Videkovich responded that usually if there is more than one item that he is reporting on that night, he typically brings a power point map or overhead projector map with him. He stated that when he only has one item on the agenda, it is not really time efficient to set up the equipment. He stated that he hands out packets to the Council just before giving his presentation. He further noted that it is less disruptive to the meeting, because he has to clean up and pack up the equipment while the Council continues their meeting. Mr. Videkovich stated that in the future he would bring down the equipment. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill as substituted, subject to recording a cross-access easement with the property to the north, and set for third reading on March 14, 2005. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 5-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 1, SECTION 2 OF THE SOUTH BEND MUNICIPAL CODE, TO INCORPORATE THE 2000 EDITION OF THE INTERNATIONAL FIRE CODE Councilmember White made a motion to continue this bill until the March 14, 2005 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 7-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-11 (d) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING PUBLIC HEARINGS AT SOUTH BEND COMMON COUNCIL MEETINGS Council President Charlotte D. Pfeifer reported that the Council Rules Committee held a Public Hearing on this bill and sends it to the full Council with a favorable recommendation. 7 REGULAR MEETINGFEBRUARY 28, 2005 Council President Charlotte D. Pfeifer, 1013 W. Washington St., South Bend, Indiana, made the presentation for this bill. Council President Pfeifer noted that at the January 24, 2005, Informal Meeting of the Common Council, there was brief discussion on the recommendation to amend the Council Rules governing public hearings. Currently, the Chairperson of the Common of the Whole reads into the record the detailed provisions governing public hearings at the beginning of this portion of each Council meeting. The suggestion has been made that this formal reading take place at the first regular meeting each calendar year, and that at all Council meeting thereafter, that the Chairperson would announce that the public hearing procedures are available in pamphlet form, which would be located next to the Council Agendas on the Council railing. 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 Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 11-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $60,000 OF FUNDS RECEIVED FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) WITHIN HUMAN RIGHTS FUND #258 FOR EDUCATION AND OUTREACH EXPENDITURES Councilmember Kelly, Chairperson, Personnel and Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Neil Weisman, Attorney, South Bend Human Rights Commission, 301 S. St. Louis Boulevard, South Bend, Indiana, made the presentation for this bill on behalf of Mr. Lonnie L. Douglas, Executive Director, South Bend Human Rights Commission. Mr. Weisman advised that the proposed bill would allow for the appropriation of $60,000 from the Department of Housing and Urban Development to the South Bend Human Rights Commission to pay for expenses relating to the South Bend Education and Outreach Programs and a housing testing program. 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 Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 12-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $155,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND 8 REGULAR MEETINGFEBRUARY 28, 2005 Councilmember Puzzello, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Beth Leonard, Director Financial & Program Management, Department of th Community & Economic Development, 12 Floor, County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill will appropriate $155,000 of Urban Development Action Grant reimbursement funds for Predevelopment costs for pending development projects within the City. Predevelopment costs include such items as market studies, appraisals, preliminary site plans, surveys, title work, and environmental studies which are necessary to determine the feasibility of a project and determine whether it can or should proceed. 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 Kirsits made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _______________________ _______________________ John Voorde, City Clerk Roland Kelly, 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 7:42 p.m. President Charlotte D. Pfeifer presided with nine (9) members present. BILLS, THIRD READING ORDINANCE NO. 9570-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-11 (d) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING PUBLIC HEARINGS AT SOUTH BEND COMMON COUNCIL MEETINGS This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 9 REGULAR MEETINGFEBRUARY 28, 2005 ORDINANCE NO. 9571-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $60,000 OF FUNDS RECEIVED FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) WITHIN HUMAN RIGHTS FUND #258 FOR EDUCATION AND OUTREACH EXPENDITURES 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 nine (9) ayes. ORDINANCE NO. 9572-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $155,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3423-05 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 432 S. LAFAYETTE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR RESCUE, IC. AND HOPE HOUSING L.P. 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 432 S. Lafayette Street, South Bend, Indiana, and which is more particularly described as follows: A part of the Southwest Quarter of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, and more particularly described as; Lots 52, 53 and 54 of Samuel Martin’s Addition and which has Key Number 18-3015-0556, 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. 10 REGULAR MEETINGFEBRUARY 28, 2005 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 purposes of tax abatement. Such designation is for real 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 real property tax deduction for a period of ten (10) years. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Puzzello, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Steve Arnold, Executive Director, Rescue, Inc., made the presentation for this bill. Mr. Arnold advised that Rescue, Inc., is requesting a one-year extension of the designation period for ten year real property tax abatement. The original resolution #3168-03 was granted on March 10, 2003 for a two-year period to expire in March 2005. There was a delay in the acquiring of federal income tax credits in the original petition. Rescue, Inc., has now secured the tax credits to do the renovations on the building; however without the extension the building will not be eligible for the abatement. Mr. Arnold advised that this request falls within the Council guidelines, which allow for a company to request up to a one-year extension for good reason. A pubic hearing was held on the Resolution at this time. Councilmember Kirsits advised that the corner of Monroe and Lafayette Streets where Rescue, Inc., is currently locating is a dangerous intersection. Cars westbound turning northbound onto Lafayette Street has a tendency not to come to a complete stop and run right through the intersection.Councilmember Kirsits stated that this is a concern of his and Councilmember Kuspa’s and they advise Mr. Arnold to be careful if children are going to be waiting for school buses or entering and exiting Rescue, Inc. Councilmember Kirsits advised that if the problem persists, to contact the City of South Bend Engineer’s Office. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kirsits 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 nine (9) ayes. RESOLUTION NO. 3424-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS NUMBERED 1 THROUGH 46, THE OAKS SUBDIVISION AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN HOMES BY E.L., INC. 11 REGULAR MEETINGFEBRUARY 28, 2005 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 vacant land on the south side of Brick Road, ½ a mile east of Portage, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 4412 Garden Oak Drive Lot 1 The Oaks 04-1014-022801 4404 Garden Oak Drive Lot 2 The Oaks 04-1014-022802 4384 Garden Oak Drive Lot 3 The Oaks 04-1014-022803 4376 Garden Oak Drive Lot 4 The Oaks 04-1014-022804 4370 Garden Oak Drive Lot 5 The Oaks 04-1014-022805 4364 Garden Oak Drive Lot 6 The Oaks 04-1014-022806 4358 Garden Oak Drive Lot 7 The Oaks 04-1014-022807 4352 Garden Oak Drive Lot 8 The Oaks 04-1014-022808 4346 Garden Oak Drive Lot 9 The Oaks 04-1014-022809 4340 Garden Oak Drive Lot 10 The Oaks 04-1014-022810 4334 Garden Oak Drive Lot 11 The Oaks 04-1014-022811 4328 Garden Oak Drive Lot 12 The Oaks 04-1014-022812 4320 Garden Oak Drive Lot 13 The Oaks 04-1014-022813 4314 Garden Oak Drive Lot 14 The Oaks 04-1014-022814 4308 Garden Oak Drive Lot 15 The Oaks 04-1014-022815 4302 Garden Oak Drive Lot 16 The Oaks 04-1014-022816 4228 Garden Oak Drive Lot 17 The Oaks 04-1014-022817 4220 Garden Oak Drive Lot 18 The Oaks 04-1014-022818 4212 Garden Oak Drive Lot 19 The Oaks 04-1014-022819 Or 2405 Flat Creek Drive 4150 Garden Oak Court Lot 20 The Oaks 04-1014-022820 Or 2404 Flat Creek Drive 4142 Garden Oak Court Lot 21 The Oaks 04-1014-022821 4134 Garden Oak Court Lot 22 The Oaks 04-1014-022822 4131 Garden Oak Court Lot 23 The Oaks 04-1014-022823 4141 Garden Oak Court Lot 24 The Oaks 04-1014-022824 Or 2506 Flat Creek Drive 2514 Flat Creek Drive Lot 25 The Oaks 04-1014-022825 2519 Flat Creek Drive Lot 26 The Oaks 04-1014-022826 2511 Flat Creek Drive Lot 27 The Oaks 04-1014-022827 4213 Garden Oak Drive Lot 28 The Oaks 04-1014-022828 Or 2503 Flat Creek Drive 4223 Garden Oak Drive Lot 29 The Oaks 04-1014-022829 4231 Garden Oak Drive Lot 30 The Oaks 04-1014-022830 4301 Garden Oak Drive Lot 31 The Oaks 04-1014-022831 4307 Garden Oak Drive Lot 32 The Oaks 04-1014-022832 4313 Garden Oak Drive Lot 33 The Oaks 04-1014-022833 4319 Garden Oak Drive Lot 34 The Oaks 04-1014-022834 4325 Garden Oak Drive Lot 35 The Oaks 04-1014-022835 4331 Garden Oak Drive Lot 36 The Oaks 04-1014-022836 4337 Garden Oak Drive Lot 37 The Oaks 04-1014-022837 4345 Garden Oak Drive Lot 38 The Oaks 04-1014-022838 4351 Garden Oak Drive Lot 39 The Oaks 04-1014-022839 4357 Garden Oak Drive Lot 40 The Oaks 04-1014-022840 4363 Garden Oak Drive Lot 41 The Oaks 04-1014-022841 4369 Garden Oak Drive Lot 42 The Oaks 04-1014-022842 4375 Garden Oak Drive Lot 43 The Oaks 04-1014-022843 4381 Garden Oak Drive Lot 44 The Oaks 04-1014-022844 4405 Garden Oak Drive Lot 45 The Oaks 04-1014-022845 12 REGULAR MEETINGFEBRUARY 28, 2005 4411 Garden Oak Drive Lot 46 The Oaks 04-1014-022846 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 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. 13 REGULAR MEETINGFEBRUARY 28, 2005 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/Charlotte D. Pfeifer Member of the Common Council Mr. Bernie Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill of behalf of Garden Homes by E.L., Inc. Mr. Feeney advised that the petitioner will develop forty-six (46) single family homes on 20 acres on the south side of Brick Road. The project will include sewers, water mains, storm sewers and retentions basins, along with public streets, sidewalks and lighting. The homes will be stick-built, single family homes, approximately 1,340 square feet and the cost of homes within this development is expected to be between $120,000 and $150,000. 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 White made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3425-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS NUMBERED 1 THROUGH 71, HIDDEN CREEK SUBDIVISION AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR PLACE BUILDERS, INC. CRYSTAL BAY BUILDERS 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 vacant land, south side of the St. Joe Valley Parkway, ½ mile west of US 31 on Jackson Road, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 718 Summertime Lane Lot 1 Hidden Creek 01-1014-030307 726 Hidden Creek Drive Lot 2 Hidden Creek 01-1014-030308 734 Hidden Creek Drive Lot 3 Hidden Creek 01-1014-030309 14 REGULAR MEETINGFEBRUARY 28, 2005 742 Hidden Creek Drive Lot 4 Hidden Creek 01-1014-030310 804 Hidden Creek Drive Lot 5 Hidden Creek 01-1014-030311 812 Hidden Creek Drive Lot 6 Hidden Creek 01-1014-030312 818 Hidden Creek Drive Lot 7 Hidden Creek 01-1014-030313 910 Hidden Creek Drive Lot 8 Hidden Creek 01-1014-030314 Or 5051 Autumn Breeze Lane 920 Hidden Creek Drive Lot 9 Hidden Creek 01-1014-030315 930 Hidden Creek Drive Lot 10 Hidden Creek 01-1014-030316 1002 Hidden Creek Drive Lot 11 Hidden Creek 01-1014-030317 1010 Hidden Creek Drive Lot 12 Hidden Creek 01-1014-030318 1018 Hidden Creek Drive Lot 13 Hidden Creek 01-1014-030319 1026 Hidden Creek Drive Lot 14 Hidden Creek 01-1014-030320 1034 Hidden Creek Drive Lot 15 Hidden Creek 01-1014-030321 1042 Hidden Creek Drive Lot 16 Hidden Creek 01-1014-030322 1050 Hidden Creek Drive Lot 17 Hidden Creek 01-1014-030323 1058 Hidden Creek Drive Lot 18 Hidden Creek 01-1014-030324 1066 Hidden Creek Drive Lot 19 Hidden Creek 01-1014-030325 Or 5050 Winters Snow Drive 5055 Winters Snow Drive Lot 20 Hidden Creek 01-1014-030326 5047 Winters Snow Drive Lot 21 Hidden Creek 01-1014-030327 Or 1106 Hidden Creek Drive 1114 Hidden Creek Drive Lot 22 Hidden Creek 01-1014-030328 1204 Hidden Creek Drive Lot 23 Hidden Creek 01-1014-030329 1212 Hidden Creek Drive Lot 24 Hidden Creek 01-1014-030330 1222 Hidden Creek Drive Lot 25 Hidden Creek 01-1014-030331 1223 Hidden Creek Drive Lot 26 Hidden Creek 01-1014-030332 1215 Hidden Creek Drive Lot 27 Hidden Creek 01-1014-030333 1205 Hidden Creek Drive Lot 28 Hidden Creek 01-1014-030334 1121 Hidden Creek Drive Lot 29 Hidden Creek 01-1014-030335 1113 Hidden Creek Drive Lot 30 Hidden Creek 01-1014-030336 1105 Hidden Creek Drive Lot 31 Hidden Creek 01-1014-030337 1077 Hidden Creek Drive Lot 32 Hidden Creek 01-1014-030338 1069 Hidden Creek Drive Lot 33 Hidden Creek 01-1014-030339 1061 Hidden Creek Drive Lot 34 Hidden Creek 01-1014-030340 1053 Hidden Creek Drive Lot 35 Hidden Creek 01-1014-030341 1045 Hidden Creek Drive Lot 36 Hidden Creek 01-1014-030342 1027 Hidden Creek Drive Lot 37 Hidden Creek 01-1014-030343 1019 Hidden Creek Drive Lot 38 Hidden Creek 01-1014-030344 1011 Hidden Creek Drive Lot 39 Hidden Creek 01-1014-030345 1003 Hidden Creek Drive Lot 40 Hidden Creek 01-1014-030346 931 Hidden Creek Drive Lot 41 Hidden Creek 01-1014-030347 923 Hidden Creek Drive Lot 42 Hidden Creek 01-1014-030348 915 Hidden Creek Drive Lot 43 Hidden Creek 01-1014-030349 905 Hidden Creek Drive Lot 44 Hidden Creek 01-1014-030350 813 Hidden Creek Drive Lot 45 Hidden Creek 01-1014-030351 803 Hidden Creek Drive Lot 46 Hidden Creek 01-1014-030352 Or 5021 Spring Rain Drive 5013 Spring Rain Drive Lot 47 Hidden Creek 01-1014-030353 5003 Spring Rain Drive Lot 48 Hidden Creek 01-1014-030354 4933 Spring Rain Drive Lot 49 Hidden Creek 01-1014-030355 4934 Spring Rain Drive Lot 50 Hidden Creek 01-1014-030356 4952 Spring Rain Drive Lot 51 Hidden Creek 01-1014-030357 5006 Spring Rain Drive Lot 52 Hidden Creek 01-1014-030358 5014 Spring Rain Drive Lot 53 Hidden Creek 01-1014-030359 5022 Spring Rain Drive Lot 54 Hidden Creek 01-1014-030360 725 Hidden Creek Drive Lot 54 Hidden Creek 01-1014-030360 717 Hidden Creek Drive Lot 55 Hidden Creek 01-1014-030361 709 Hidden Creek Drive Lot 56 Hidden Creek 01-1014-030362 Or 5015 Summertime Lane 5005 Summertime Lane Lot 57 Hidden Creek 01-1014-030363 4939 Summertime Lane Lot 58 Hidden Creek 01-1014-030364 4931 Summertime Lane Lot 59 Hidden Creek 01-1014-030365 15 REGULAR MEETINGFEBRUARY 28, 2005 4932 Summertime Lane Lot 60 Hidden Creek 01-1014-030366 4940 Summertime Lane Lot 61 Hidden Creek 01-1014-030367 5004 Summertime Lane Lot 62 Hidden Creek 01-1014-030368 Or 621 Hidden Creek Drive 617 Hidden Creek Drive Lot 63 Hidden Creek 01-1014-030369 611 Hidden Creek Drive Lot 64 Hidden Creek 01-1014-030370 605 Hidden Creek Drive Lot 65 Hidden Creek 01-1014-030371 517 Hidden Creek Drive Lot 66 Hidden Creek 01-1014-030372 516 Hidden Creek Drive Lot 67 Hidden Creek 01-1014-030373 520 Hidden Creek Drive Lot 68 Hidden Creek 01-1014-030374 610 Hidden Creek Drive Lot 69 Hidden Creek 01-1014-030375 616 Hidden Creek Drive Lot 70 Hidden Creek 01-1014-030376 622 Hidden Creek Drive Lot 71 Hidden Creek 01-1014-030377 Or 5040 Summertime Lane be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 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: 16 REGULAR MEETINGFEBRUARY 28, 2005 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/Charlotte D. Pfeifer Member of the Common Council Mr. Bernie Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill of behalf of the petitioners, Hidden Creek Subdivision as well as the builders Place Builders, Inc., and Crystal Bay Builders. Mr. Feeney advised that this subdivision is located on the South side of South Bend, Indiana, approximately ½ mile south of the by-pass and approximately ½ to ¾ of a mile west of U.S. 31 at the end of Jackson Road. There are seventy-one (71) single-family lots proposed for this subdivision, which will connect to Jackson Road as its primary source of egress and ingress. The average size of these lots is 12,500 square feet well in excess of the average square footage for City lots. There are 3,426 lineal feet of new streets proposed for this subdivision, as well as sanitary sewer, water main, streets, sidewalks, and normal City improvements. The current assessed value of this piece of property is $5,600.00. Taxes paid over the last two years have amounted to $120.00 per year. The estimated completed value of the project at 11,715,000.000 with all improvements in place and we expect the range of homes being built on this project to be $135,000 to $200,000. There was no one present wishing to speak to the Council in favor of this bill. The following individual spoke in opposition of this bill. Ms. Vickie Bely, 20154 Jackson Road, South Bend, Indiana, stated that she had just learned about this proposed subdivision from the last Council meeting. 17 REGULAR MEETINGFEBRUARY 28, 2005 Ms. Bely advised that she is very concerned about this confirming tax abatement for Place Builders, Crystals Builders for the Hidden Creek Subdivision. Ms. Bely stated that this Council did not have all the information given to it by the builders for the vote on the designating tax abatement. There are permits that need to be secured by the builders because of this wetland area and they have not done so thus far. The land has a large area of wetlands and even more land that is underwater during heavy. She urged the Council to be open to this new information. All the information so far given to the City agencies is from companies that have been paid for by the builders, Lang Feeney & Assoc. for the survey work and New and Associates for the Wet Land Delineation study. Ms. Bely stated that she spoke with Gary Gilot from the City Engineer’s Office, and he stated that the Area Plan Commission approves subdivisions first and then this comes to his department. He stated that the approval for the wetland portion comes from IDEM and the Core of Army Engineers. All the City staff that I have spoken with from the Area Plan Commission to the Engineers have stated they had believed this approval was obtained, however it was not. Steve Sprecher came out today with an associate from the Core to inspect this 30 acres and states the builders plans will need to be modified and there had been no prior approval as required. Neither has IDEM been contacted, except by those of us in the neighborhood. Liz Elverson from IDEM is head of clean water development, section 401 of the clean water act and states that if there is building in a wet land area those homeowners affected should receive information on how their properties would be affected. We in the Jewel Woods Dixie Garden are have not received this information and yet if the wooded area is built up it will most likely cause decreased water flow from our area. Right now this woods is the primary water shed area for this section of Centre Township, in which the Philips ditch winds through and then meanders throughout this woods and goes along the By Pass and then out along the muck farms. We need an impact study done prior to any further approvals given for this project. A member of the drainage board stated that if this project has met the City requirements it doesn’t matter if it causes basements to be flooded. But this project hasn’t met the State and Federal requirements. Does this put the City in a liable situation? Ms. Bely cautioned the council and urged them to be mindful of what a project of this size will do to the City’s wastewater treatment plant and its ability to handle storm water from our area, as water will continue to flow into this area and into the city sewage system, apparently, storm sewers were not installed. There will be an enormous amount of water because Centre Township is known for drainage problems and there is often standing water throughout these woods in the early spring, which is visible from the By-Pass. How will the taxpayers in South Bend feel when they hear that the treatment plant continues to pollute the St. Joe River with contaminated storm water and that water from the Kankakee rive basin is diverted into the St. Joe via the treatment plant. If South Bend continues to annex Centre Township then in reality a new Treatment Plant Should be built in the Kankakee River basin so out water continues to the Mississippi. To pump all our water uphill to the St. Joe will be fairly expensive. Is this the true problem that exists in Crest Manor, Kensington Farms, and Copperfield subdivisions in Centre Township? They are also south of the North/South Continental Divide. Gary Gilot, Public Works Director, 1300 County-City Building, South Bend, Indiana, explained the hydrology of the area. U.S. Fish and Wildlife Service Hydrology states that there are wetlands on the subject parcel. The parcel is about 30 acres, Jackson Road extended to the west to the railroad tracks, and half way up to the U.S. 20 By-Pass. The parcel does not include a substantial amount of land that is retained by American Electric Power associated with their substation. The shape of the wetland in the northwest corner, that wetland area is preserved and there are easements for storm water retention where the run off from the streets in this area will actually add water to the wetland area. There is a cross easement between this 30 acre parcel and AEP to the North, since both have water that sheds to this wetland area. To correct the information that has been heard earlier there is no proposal to build combined sewers in this area, the City has not built any new combined sewers in over 30 years. So the storm water in this area will stay and be retained on the site will either percolate or evaporate or make its way to the legal drain, but it will not go to a combined sewer. Councilmember Varner asked Mr. Feeney and Mr. Gilot if he was comfortable with the permits that are required for working on wetlands. 18 REGULAR MEETINGFEBRUARY 28, 2005 Mr. Gilot stated that this kind of subdivision comes in from the St. Joseph County Area Plan Commission and its goes out to the various City and County agencies for reviews. The City is comfortable that it meets or exceeds our drainage requirements of the City of South Bend to retain storm water on site in these wetlands. There is additional permitting work with the DNR and the Core of Engineers other parties that we are not directly involved with that. Mr. Feeney stated that he spoke with Mrs. Bely late last week and she was surprised by this project. However, the storm water issue is being handled on site, the storm water was originally designed and approved at the County specification levels which are more difficult to conform to than the City standards. Approval was grated at the County Engineers office. Following those approval the tract of land was brought into the City in 2001 through the annexation process. The storm water at this particular project is not as Mr. Gilot said being placed into the City sanitary sewer system and will not make it to the sanitary sewer treatment plant. The layout that Mr. Gilot has given is almost identical to the layout that he has in his possession that was performed by J.F. New & Associates, on this particular piece of property. However, there is one additional wetlands area that Mr. Gilot’s map does not reflect, that was shown on the J.F. New map and that area is Lot 6. J.F. New’s map shows lot 6 to be a wetland area and that would be excluded from lot sales for obvious reasons. However, we have been in touch with the Army Core of Engineers and with the Indiana Department of Environmental Management regarding the wetland areas on this particular piece of property, however we do not have permits in hand at this time. There are not wetlands along the Philips ditch, that is as Ms. Bely indicated a legal county drain. The Philips ditch does not constitute as a wetland. The permits are in process, but we do not have them in hand at this time. Permits which we thought in our office were being handled by J.F. New & Associates and the owner had in fact had not be handled by J.F. New & Associates and the owner and had fallen into a state of limbo. Based on reactions from Ms. Bely’s call, the permits are now in process and that is the clear unvarnished truth on the matter. What we are waiting on now is a determination from the Army Core of Engineers as to whether this is an isolated wetlands and whether or not they have jurisdiction in this matter. If they do, they will take the lead, if not, lead will be left to the Indiana Department of Environmental Management and the contact as Ms. Bely said would be Ms. Liz Elverson. Councilmember Dieter asked Ms. Bely for more information. Ms. Bely asked who paid Mr. Feeney’s salary for the work up for these builders. When did Mr. Feeney seeks these permits? Why wasn’t an impact study done on this area? Mr. Feeney stated that the City and the public do not pay, and that is as far as he is willing to go on that question. Permits were sought last week. Drainage is being addressed fully and completely in his opinion, in that respect the drainage has been reviewed by the County Engineers office and those standards are more stringent than the City’s at this particular point in time. A municipal engineer has reviewed and approved these plans. That is one of the stipulations for primary plan approval by the Area Plan Commission. That part of the process has been accomplished, the construction plans are being reviewed by the City Engineers Office, the construction plans are being reviewed by IDEM although they are not the branch that Ms. Elverson is involved with. There are a number of state and local permits that have all been put in motion, however, the communication problem between his office and the owner and J.F. New & Associates has caused some problem and we are not as far along with the permitting process as they would like to be at this point and time. Councilmember Pfeifer asked Mr. Feeney how many permits are they waiting for? Mr. Feeney applied for the IDEM sanitary sewer permit; have applied for the construction plan approval by the City Engineer’s Office; have applied for the IDEM approval on the water main; the water plans have been reviewed by the South Bend Water Department; the storm drainage plans have been reviewed and should be approved within the next two weeks by the City Engineer’s Office; the street plans are a part of that same package that should be approved within the next two weeks by the City Engineer’s Office; the only other thing would be final plat approval, but we have not applied for that because the owner has not posted bond nor have any of the improvements been 19 REGULAR MEETINGFEBRUARY 28, 2005 constructed, no homes will be built other than the maximum possibility of two model homes until such time as final plat approval has been granted. Councilmember Dieter stated that he counted six permits that are being waited for approval from various agencies. Mr. Gilot stated that Mr. Carl Littrell, City Engineer, licensed professional engineer reviewed the drainage calculations for this subdivision, with the various parcel areas, and percent impervious and typical design storm sewers, and he checked off on that back on October of 2004. There are detailed construction plans and specifications for the storm sewer and drainage but the conceptual calculations for how to manage the drainage on the site have already been reviewed and approved by the City. Mr. Randy Kiefer, 20340 Opal Street, South Bend, Indiana, advised that he has not seen anything from the St. Joseph County Drainage Board being involved in any of this? All he has heard tonight is the impact of the property in question, which is in the City limits now. His property is still in Centre Township, St. Joseph County and he has had his basement flooded before. There still seem to be a discrepancy on City sewer questions. His stated that his property is located at the very end of the City sewage tie in, the neighbors who surround him are still on their own sewer tract, if they are flooded again he questioned what kind of an impact is that going to have environmentally? Mr. Feeney stated that as part of the platting process they are required to apply to the St. Joseph County Drainage Board and the urban drain in a requisite. The application for the urban drain status is a requisite of the plat, now this requires the County Drainage Board to review the subdivision and then either accept or reject it as an urban drain. It was Mr. Feeney’s recollection that the County Drainage Board has reviewed this and has accepted the subdivision, Hidden Creek as an urban drain to be managed and administered by the St. Joseph County Drainage Board, in a similar fashion to the Jewel Park subdivision, immediately to the south of the subdivision in question. Councilmember Varner stated that the conflict that seems to be the case here is that the permitting process and the approval process are two entirely different things. The permitting process is something that is handled by IDEM and the drainage board and that is apparently being satisfied. Just as long as the builder understands that he at his own risk, if he chooses to proceed without the appropriate approvals, is subject to the responsibility. From what is written in the newspapers that is a pretty serious risk to proceed without appropriate approvals. The Council’s responsibility is to grant tax abatement to homeowners who chose to purchase in this area. Councilmember Varner made a motion to adopt this Resolution. Councilmember Puzzello seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3426-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY SUPPORTING THE MANY EFFORTS OF THE INDIANA COALITION TO REDUCE UNDERAGE DRINKING (ICRUD) & THE INDIANA PREVENTION RESOURCE CENTER (IPRC) AND FORMALLY CALLING UPON THE INDIANA STATE LEGISLATURE TO OPPOSE THE EXPANSION OF ALCOHOL OUTLETS BY PASSING APPROPRIATE STATE LEGISLATION WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that the Indiana Coalition to Reduce Underage Drinking (ICRUD) is one (1) of twelve (12) coalitions which are part of a national project of the American Medical Association which has determined that alcohol is the leading drug problem among our nation’s youth; and 20 REGULAR MEETINGFEBRUARY 28, 2005 WHEREAS, the South Bend Common Council notes that ICRUD’s vision and mission statements are aimed at creating “healthier and safer environments by reducing the accessibility and availability of alcohol to underage persons” so that policies will be changed which “govern the way alcohol is marketed to, sold to, and bought by underage persons” and by educating the public and policymakers about Indiana’s underage drinking problems so that policies to reduce youth access to alcohol would be implemented; and WHEREAS, the South Bend Common Council notes that ICRUD has further reported that “underage drinking is associated with the leading causes of death among youth…including car crashes, murder and suicide” and further reports that “ten million American teenagers drink monthly, eight million drink weekly, and over 500,000 teenagers go on weekly binges of five or more drinks in a row”; and WHEREAS, ICRUD has found that “on average, high school students consume 31 million gallons of wine coolers and 102 million gallons of beer each year”; that “9 of 10 Indiana minors say that alcohol is easy to get”; and that annually “Hoosiers pay over $1.3 million in underage drinking costs”; and WHEREAS, the Common Council notes that the “Orange Ribbon Campaign” runs from February through April of each year which consists of a statewide SADD/Orange Ribbon Youth Celebration of youth gathering in Indianapolis to make people aware of the dangers of underage drinking while stressing the fact that “over 40% of Indiana’s high school students say that they drink on a monthly basis and that something needs to be done”; with the Orange Ribbon stressing that today’s youth and adults need to take a stand against the effects of underage drinking and impaired driving; and WHEREAS, the South Bend Common Council recognizes that the Indiana Prevention Resource Center (IPRC) was established in 1987 to assist in developing prevention programs which deal with alcohol, tobacco and other drugs; and WHEREAS, the South Bend Common Council further recognizes that in Indiana, the Indiana Alcohol and Tobacco Commission and the local Alcoholic Beverage Board for Indiana Codeet each county have specific powers and duties pursuant to § 7.1-2-3-1 seqIndiana Codeet seq ., and § 7.1-2-4-1 ., respectively; and WHEREAS, the South Bend Common Council believes that based on the statistical information and public health and safety considerations briefly summarized in this resolution, that there is a growing need to prohibit the sale of alcoholic beverages at locations throughout our community which are commonly referred to as gas stations and convenience stores, in order to help preserve and enhance the quality of life in South Bend, Indiana; and WHEREAS, the South Bend Common Council would like the City of South Bend, Indiana, to be counted along with Evansville, Gary, East Chicago, Cedar Lake and Highland which are some of the growing number of Indiana communities calling for gas stations and convenience stores to be prohibited from selling alcoholic beverages. NOW, THEREFORE, BE IT RESOLVED, BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The South Bend Common Council believes that there is a serious public safety issue, which is threatening the quality of life in the city and throughout the state of Indiana by the current lack of a clear state law definitions for “grocery store” and “supermarket” thereby enabling gas stations and convenience stores to sell beer and wine. Section II. The South Bend Common Council further believes that the Alcoholic Beverage Board of St. Joseph County should investigate this matter and adopt local policies, which would prohibit the sale of alcoholic beverages in retail outlets commonly known as gas stations and convenience stores. 21 REGULAR MEETINGFEBRUARY 28, 2005 Section III. The South Bend Common Council calls upon the Indiana General Assembly to address this issue by banning the sale of alcoholic beverages in gas stations and convenience stores, especially since such entities are not currently required to have trained staff to aggressively enforce underage drinking laws. Section IV . The South Bend Common Council believes that such pro-active measures by the local board which is charged with overseeing regulations in St. Joseph County and the Indiana General Assembly would be in the best interests of all of the citizens of South Bend, Indiana, and the public health of all Indiana residents. Section V. Following the adoption of this Resolution, the City Clerk is requested to send certified copies of the same to each of the elected State Representatives and State Senators who represent a portion of the City of South Bend, as well as send certified copies to the members of the Alcoholic Beverage Board of St. Joseph County. Section VI. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Ervin Kuspa Member of the Common Council ß¬¬»¬æ s/John Voorde, City Clerk Ð®»»²¬»¼ by me to the Mayor of the City of South Bend, Indiana, on the 1st day of March, 2005, at 1:40 o’clock p. m. s/Janice Talboom Deputy City Clerk ß°°®±ª»¼ ¿²¼ ·¹²»¼ by me, the Mayor of the City of South Bend, Indiana, on the 3rd day of March, 2005, at 10:00 o’clock a. m. Stephen J. Luecke, Mayor City of South Bend, Indiana Councilmember Ervin Kuspa, 434 South Liberty Street, South Bend, Indiana, made the presentation for this Resolution. Councilmember Kuspa stated that recently he received a letter from Steve Bagbey, President, Evansville Common Council, asking the South Bend Common Council to adopt a resolution which would be aimed at helping to stop the proliferation of alcohol permits for gas stations and convenience stores. Based on research done to date, there is a great deal of information of the effects of alcohol and its availability. The Indiana Coalition to Reduce Underage Drinking (ICRUD) and the Indiana Prevention Resource th Center (IPRC) set forth alarming statistics for the State of Indiana that 18% of 8 graders th in Indiana consume five or more alcoholic drinks at one sitting; 29% of 10 graders and th 37% of 12 graders. Councilmember Kuspa requested that this resolution be sent to the Council’s Health and Public Safety Committee, so that the Council may discuss this topic in greater detail. Councilmember Kuspa stated that the loop-hole in the law that allows gas stations to get permits under the guise of being grocery stores”. We should take positive and pro-active measures in helping to make our community safer for our residents. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this 22 REGULAR MEETINGFEBRUARY 28, 2005 Resolution. Councilmember Puzzello seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS, FIRST READING BILL NO. 14-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 16, ARTICLE 3, SECTION 16-26 OF THE SOUTH BEND MUNICIPAL CODE TO INCREASE CERTAIN CHARGES AT THE CITY’S ORGANIC RESOURCE FACILITY AND TO CLARIFY THE COMMERCIAL NATURE OF RECYCLED YARD WASTE This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on March 14, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 15-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 6, SECTION 17-49 OF THE MUNICIPAL CODE TO INCREASE WATER SERVICE FUND CHARGES This bill had first reading. Councilmember Varner made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on March 14, 2005. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on February 15, 2005: BILL NO. 67-04 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA TO CREATE THE CHAPIN PARK HISTORIC PRESERVATION DISTRICT Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on March 14, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 94-04 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 CERTAIN LAND IN CENTRE TOWNSHP CONTIGUOUS THEREWITH; GREG A. AND/OR PAULA E. ELLIOTT 61191 U.S. 31 SOUTH, SOUTH BEND, INDIANA 46614 Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on March 28, 2005. 23 REGULAR MEETINGFEBRUARY 28, 2005 Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVE ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS There were no updates to report at this time. B. MISCELLANEOUS rd Councilmember Pfeifer reported that the 3 Annual Civic Day was held on st Saturday, February 26, 2005. She stated that 21 Century Scholars from local schools participated in a mock Council meeting. Councilmember Pfeifer encouraged everyone to attend next year. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION COMMENTS CONCERNING THE RELOCATION OF ERSKINE GOLF COURSE This topic was sent to the PARC Committee, Derek Dieter, Chairperson Mr. Larry Englebert, 1535 Stratmore, South Bend, Indiana, stated that he has gathered 531 signatures on a petition against the relocation of Erskine Golf Course. Ms. Nancy Kusnierek, 1425 Honan Drive, South Bend, Indiana, stated that she had collected 350 signatures on a petition that she has circulated door-to-door and around the City against the relocation of Erskine Golf Course. Ms. Kusnierek pleaded to preserve Erksine for its wonderful contribution to the neighbors. Mr. Russell Cauffman, 1701 Thornhill, South Bend, Indiana, stated that he is all in favor of the relocation of Erskine Golf Course. Mr. John Martz, 3428 Fellows, South Bend, Indiana, advised the Council to watch Channel 22 WSBT news tonight because they had interviewed him at his home regarding his view on the relocation of Erskine Golf Course. Mr. Gary Oesch, 4458 Hickory Road, Mishawaka, Indiana, stated that he initially opposed the selling of the 80-year old course, but he has since come to embrace the concept. He stated that he would welcome the new 27-hole course because it would feature a driving range, something now lacking on the land-locked course, and more parking. He stated that maintaining the status quo is always easier than change. The new facility would be very rewarding to the community and the citizens. He further noted that there was opposition to Century Center and Coveleski Stadium, but believes that both of those ventures have been good for the city. Ms. Elizabeth Gast, 2715 Leer Street , South Bend, Indiana, questioned where does one find any information on what’s going on with Erskine. Ms. Gast stated that she has not heard one iota of what is happening at Erskine. There is a rumor mill and a wall of silence. Mr. Thomas Mannen, 51235 Redwood Road, South Bend, Indiana, expressed that there are a lot of rumors and they need to be addressed. Mr. Mannen stated that he believes that the Mayor should address the rumors and is only entertaining the idea of the relocation of Erskine. He stated that if someone offered you a million dollars for your home, wouldn’t you at least consider selling it? 24 REGULAR MEETINGFEBRUARY 28, 2005 COMMENTS CONCERNING THE WAGGONER FARM DEVELOPMENT ANNEXATION This topic was not assigned to a committee. This bill is scheduled to be heard on the Area Plan Commission Agenda on March 16, 2005. Ms. Margaret Jentz, 51312 Mayflower Road, South Bend, Indiana, encouraged the Council to defeat the annexation of the Waggoner Farm Development that is being proposed by the Holladay Corporation. Mr. Jentz stated that the current infrastructure cannot support this development. She stated that the annexation should at the very least be tabled for further impact studies to be done. COMMENTS FROM MEMBERS OF SOUTH BEND EQUALITY REGARDING (GLBT) GAY, LESBIAN, BISEXUAL, TRANSGENDER IDENTITY DISCRIMINATION This topic was assigned to the Personnel and Finance Committee, Roland Kelly, Chairperson. Ms. Gail McGuire, 1629 Belmont, South Bend, Indiana, stated that she is a member of South Bend Equality, a local group that seeks protection under the law for all citizens of South Bend regardless of their sexual orientation or gender identity. Ms. McGuire urged the Council to submit to the South Bend Human Rights Commission to pass legislation to commit to fair and equal treatment of all human beings. She is speaking on the discrimination of the Gays, lesbians, bi-sexuals and transgendered (G, L, B & T) people in South Bend. Ms. McGuire read into the record a statement that has been prepared by the South Bend Human Rights Commission: The South Bend Human Rights Commission is an agency of the City of South Bend, Indiana, committed to fair and equal treatment of all human beings. It is the responsibility and duty of the Human Rights Commission to make sure that no human being is mistreated based on status, without making value or moral judgments. Gays, lesbians, bi-sexuals and transgendered (G, L, B & T) persons have experienced mistreatment based on their G, L, B & T status. The South Bend Human Rights Commission supports and encourages the South Bend Common Council to hear from the general public, to explore, investigate and to determine the degree to which G, L, B & T persons have been treated adversely within the City of South Bend due to their G, L, B & T status. The South Bend Human Rights Commission further encourages the South Bend Common Council, working cooperatively with the South Bend Human Rights Commission, to create an appropriate remedy. Ms. McGuire stated that it is clear from this statement from the South Bend Human Rights Commission that they recognize that a problem exists and encourages the Council to take action. Ms. Catherine Pittman, 2628 Summit Ridge, South Bend, Indiana, advised that she is a member of South Bend Equality. This is a group of concerned citizens, men, women, young and old, straight, gay, lesbian, bi-sexual and transgenders. We have joined together in cooperation and community to extend the protection of the law to all citizens. So that no one can be harassed or mistreated in our community without legal recourse. We hope to accomplish the passage of an amendment that will allow people in South Bend to seek assistance if they have been discriminated against on the basis of their gender identity or sexual orientation, in housing, employment, education or public accommodations. At the present time there is no way to address such discrimination in the City of South Bend. South Bend Equality would like to offer their assistance in helping the Council draft legislation to address this concern. Ms. Mary Porte, 52081 Woodridge Drive, South Bend, Indiana, stated that she is a member of South Bend Equality. Ms. Porte stated that amending the non-discrimation ordinance could impact South Bend’s economic development. Economic Development is not just the responsibility of government officials. It is something about which every 25 REGULAR MEETINGFEBRUARY 28, 2005 business leader is South Bend should be concerned. We need to advance South Bend into st the 21 Century, so we can compete with those communities that have experienced growth by attracting and retaining top creative talent. It is estimated that Indiana loses about ten thousand college graduates every year. This makes Indiana’s brain drain, one of the worst in the nation. By failing to become more progressive and tolerant, we not only risk losing these talented individuals, who discretionary incomes tend to be larger than average, we are also likely to lose businesses that don’t want to locate in a non- progressive area. In other words, there is an economic cost for intolerance. Mr. Don Olson, 1305 Briar Road, Niles, Michigan, stated that he is a member of South Bend Equality and P-FLAG (Parents, Families and Friends of Lesbians and Gays), was founded in 1973, there are over 500 active P-Flag Chapters over the United States and 17 countries. P-Flag’s mission is a support group for parents, family and friends of GLBT people. P-Flag is also active in supporting Human Rights and Human Civil Rights for all people. Mr. Olson stated that in 1995 his son graduated from the University of Notre Dame, and the first thing he did was pack his bags and left the South Bend area, due to the lack of tolerance of GLBT people. Mr. Olson quoted Martin Luther King, Jr. “Injustice anywhere is a threat to justice everywhere.” Ms. Penny Hughes, 1918 Southernview Drive, South Bend, Indiana, supports South Bend Equality and their efforts in Human Rights for all people regardless of their sexual orientation or gender identity. B. UPDATE FROM COUNCILMEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING There were no updates to report at this time. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 9:20 p.m. ATTEST: ATTEST: ___________________________ __________________________ John Voorde, City Clerk Charlotte D. Pfeifer, President 26