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HomeMy WebLinkAbout04-11-05 Council Meeting Minutes REGULAR MEETING APRIL 11,2005 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, April11, 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 March 28, 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 March 28, 2005, meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RD COUNCIL DISTRICT UPDATES 3 DISTRICT COUNCILMEMBER ROLAND KELLY rd Councilmember Kelly reported that things are continuing to go well in South Bend’s 3 District. In River Park works continues on improving the streetscape along Mishawaka Avenue. The past four years $268,000 was appropriated for improvement along the Avenue. $90,000 was earmarked this year to provide for decorative streetscape lights. Funds were also set for improvement to cross walks. A walk or drive down Mishawka Avenue will show how much improvement has been made. The River Park Business Association has been working closely with the City’s Economic Development Department in planning for the work. As an extension of that work, plans are being made for a cooperative effort involving Notre Dame Architecture Students, IUSB and River Park Representatives in designing a plan to create a small village look in the area. We are all aware of the recent success of the John Adams High School Mock Trial Team st winning 1 Place in the State Competition for the fifth straight year. Just two weeks ago the Council passed a Resolution honoring members of the team and their coaches. The remodeling of the High School has been completed and it looks beautiful. A beautiful Potowatomi Zoo has been enhanced with the installation of a 1/3 scale locomotive to carry visitor’s on a half mile track through the zoo. Several new animals have been added to the collection, included two white storks, two red pandas were born at the zoo in the past year, and they are being weaned at the Indianapolis Zoo. Another very positive 1 REGULAR MEETING APRIL 11,2005 note for the Zoo is a trip to Botswana, Africa, by the Zoo’s Development Director Jason Jacobs. Mr. Jacobs sent back two weeks of reports that were aired by Channel 22 and the South Bend Tribune and were very well received by the public. Things are not exactly rd perfect in the 3 District, we still have problems to resolve, but with the continued cooperation of neighborhood organizations and the City, we can make progress in st making South Bend a 21 Century City. REPORTS OF CITY OFFICES There were no reports from City Offices at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 p.m., Councilmember White made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Roland Kelly, Chairperson, Committee of the Whole, presiding. Councilmember Kelly 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. 1-05 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3400 NORTHSIDE BOULEVARD, SOUTH BEND, IN 46615, COUNCILMANIC DISTRICT #3, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Puzzello made a motion to strike this bill from consideration at the request of the petitioner.Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 6-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 4, LI LIGHT INDUSTRIAL AND GI GENERAL INDUSTRIAL DISTRICTS TO CLARIFY AND ADD TO THE ALLOWED USES Councilmember White made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Mr. Paul “P.J.” Thuringer, Staff Planner, Area Plan Commission, presented the report from the Commission. Mr. Thuringer advised that this bill is initiated by the Area Plan Commission. This is a request for a text amendment to the City Zoning Ordinance. Through the course of working with the new ordinance, it has been determined that some new uses need to be added in order to clarify the allowable uses. The following uses are being added as primary uses to the “LI” Light Industrial District: distribution centers and truck 2 REGULAR MEETING APRIL 11,2005 terminals; bus, taxi, or limousine terminal, with or without repair; and lumberyards. The following uses are being added as primary uses to the “GI” General Industrial District; bus, taxi, or limousine terminal, with or without repair; and lumberyards. Because of the structure of the ordinance, truck terminals will also be allowed in the “GI” General Industrial District. 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. It is important to ensure that the new Ordinance is updated to accommodate new uses and trends in development. The goal of the Zoning Ordinance is to be more user friendly and to guide future development in a positive direction. These additional uses are similar in intensity to the other primary uses in the “LI” and “GI” Districts. Therefore, with the development standards as set forth by the Ordinance, this text amendment meets the intent of the Ordinance and will clarify some of the permitted uses in the Industrial Districts. 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 as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 8-05 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 816 SOUTH MICHIGAN STREET, COUNCILMANIC DISTRICT #2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dieter made a motion to continue this bill until the April 25, 2005 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 20-05 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF KALEY STREET FROM WESTERN AVENUE SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 132 FEET AND A WIDTH OF 14 RD FEET. BEING A PART OF SUMMIT PLACE 3 ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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 no recommendation, due to the lack of a presenter. Councilmember Varner made a motion to amend this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. Council Attorney Kathleen Cekanski-Farrand read into the record the amendment that Section V shall read as follows: This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and shall subject to a utility or turn-around easement acceptable in form to the Department of Public Works. Councilmember Varner made a motion to accept the amendment. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Manuel Herbert, 524 S. Harris Street, South Bend, Indiana 46619, made the presentation for this bill. 3 REGULAR MEETING APRIL 11,2005 Mr. Herbert stated that he has a business on site and wants to fence the property to stop traffic from using the alley. Mr. Manuel also stated that he owns both lots east and west of the proposed vacated alley. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Patricia Bailey, representing her mother, who resides at 310 S. Kaley, South Bend, Indiana, inquired about how the alley will be vacated. The alley will be split to go with the property on each side. Ms. Linda Smith, 2617 W. Monroe, South Bend, Indiana, questioned who will keep the remaining t-alley clean. The remaining alley will be kept clean by each property owner. 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 amended. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember White made a motion to rise and report to the full Council. Councilmember Varner 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 7:30 p.m. Council President Charlotte D. Pfeifer presided with nine (9) members present. BILLS, THIRD READING ORDINANCE NO. 9582-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AN BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; GREG A. AND/OR PAULA D. ELLIOTT, 61191 U.S. 31 SOUTH, SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to amend this bill as it was in the Committee of the Whole. Councilmember Varner seconded the motion 4 REGULAR MEETING APRIL 11,2005 which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Varner seconded the motion. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9583-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 4, LI LIGHT INDUSTRIAL AND GI GENERAL INDUSTRIAL DISTRICTS TO CLARIFY AND ADD TO THE ALLOWED USES This bill had third reading. Councilmember White made a motion to amend this bill as it was in the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Dieter seconded the motion. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9584-05 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF KALEY STREET FROM WESTERN AVENUE SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 132 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SUMMIT RD PLACE 3 ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Varner made a motion to amend this bill as it was in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Dieter seconded the motion. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 05-19 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3201 W. WESTERN AVENUE, SOUTH BEND, INDIANA Councilmember White made a motion to continue this bill until the April 25, 2005 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3438-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 4206 W. WESTERN AVENUE 5 REGULAR MEETING APRIL 11,2005 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of it’s intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the board of Zoning Appeals makes it’s recommendation to the Council; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a special exception be granted for the property located at 4206 W. Western Avenue in order to permit a drive thru window within the LB Local Business District. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship is applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals, which are on file in the Office of the City Clerk. SECTION V. 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 Kuspa, Chairperson, Zoning and 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. Mr. Don Fozo, Building Commissioner, St. Joseph County, Indiana gave the report from the Board of Zoning Appeals. Mr. Fozo reported that the Board of Zoning Appeals had a public hearing on March 17, 2005 and due to not enough evidence to make a recommendation, this petition is sent to the Common Council with no recommendation. 6 REGULAR MEETING APRIL 11,2005 J. Bernard Feeney, Land Surveyor, Lang, Feeney and Associates, Inc., 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the owners Richard and Donna Hummer. Mr. Feeney reported that the petitioners are requesting a special exception use in order to have a drive thru restaurant within the LB Local Business zoned property and a variance from the required 30’ front yard building setback to 1.5’ for the existing building. The parcel is located at 4206 W. Western Avenue, the existing site is a Dairy Queen restaurant with no dine in facility. 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 Kuspa made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3439-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 420 E. IRELAND ROAD, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of it’s intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the board of Zoning Appeals makes it’s recommendation to the Council; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a special exception be granted for the property located at 420 E. Ireland Road South Bend, IN 46614 in order to permit for a dry cleaning pick-up and delivery facility as a special exception allowed in the Office Buffer (OB) District for personal service and retail outlets under South Bend Municipal code Section 21-03.01(a)(2)(C) and (G). SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and 7 REGULAR MEETING APRIL 11,2005 general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship is applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals, which are on file in the Office of the City Clerk. SECTION V. 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 Kuspa, Chairperson, Zoning and 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. Mr. Don Fozo, Building Commissioner, St. Joseph County, Indiana gave the report from the Board of Zoning Appeals. Mr. Fozo advised that the Board of Zoning Appeals at its Public Hearing on March 17, 2005 sends this special exception to the Common Council with a Favorable Recommendation. Mr. David Mirkin, Attorney, Mirkin Law Offices, 112 W. Jefferson Blvd., Suite 400, South Bend, Indiana made the presentation for the petitioner Margie Ann Stuart and Mary K. Hawblitzel-Fisher, owners, Ziker Cleaners. Mr. Mirkin advised that the petitioners seek a Special Exception under Section 21-03.01 (a) (2) to allow for a dry cleaning pick-up and delivery facility on the property located at 420 E. Ireland Road. The Office Buffer District (OB) zoning classification allow a Special Exception for personal service and retail outlets such as that planned to be constructed on Petitioners’ property pursuant to Section 21-03.01 (a) (2) (C) and (G). 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 Kuspa made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 8 REGULAR MEETING APRIL 11,2005 RESOLUTION NO. 3440-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS, LOCATION, 623 S. ST. JOSEPH STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of it’s intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the board of Zoning Appeals makes it’s recommendation to the Council; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a special exception be granted for the property located at 623 S. St. Joseph Street South Bend, IN 46618 (Parking lot owned by River of Life Apostolic Church) In Order to permit… Use SF2 for our off-site parking. Said property is already zoned for parking. (The River of Life Apostolic Church has kindly agreed to have us use their parking lot. Please see attached letter.) SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship is applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals, which are on file in the Office of the City Clerk. 9 REGULAR MEETING APRIL 11,2005 SECTION V. 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 Kuspa, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with no recommendation, due to the lack of a presenter. Don Fozo, Building Commissioner, 125 S. Lafayette Blvd., South Bend, Indiana, gave the report from the Board of Zoning Appeals. Mr. Fozo advised that the petitioner Practical Christianity Learning Center seeking a special exception to use off-site parking on property located at 623 S. St. Joseph Street, zoned SF-2. The development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. Conditions on this property create a different situation for this property. It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it’s intent. This petition is sent to the South Bend Common Council with a favorable recommendation. Pastor Wendell Jeffrey, Director, Practical Christianity Learning Center, 531 S. St. Joseph Street, South Bend, Indiana made the presentation for this bill. Pastor Jeffrey advised that the members of the Practical Christianity Church would like to assist the community in reducing the incidences of crime and violence. A program has been started in conjunction with the State’s Juvenile Incarceration Center and we hope to expand the program to the South Bend Juvenile Justice Center, and the South Bend School Corporation. The state has sent us some young men and we have begun to teach them basic construction skills. Eventually they will enroll in the Life-skills classes. A local business has provided the initial funding for the program and has donated the use of the building at 531 St. Joseph Street for these purposes. 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 Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3441-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3412 SAMPSON STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CLIFFORD AND PEGGY HAMMOCK 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 10 REGULAR MEETING APRIL 11,2005 WHEREAS, a Declaratory Resolution designated the area commonly known as 4312 Sampson Street, South Bend, Indiana, and which is more particularly described as follows: Lot 1 as shown on the Plat of Hammock Sampson Street Minor Subdivision. , and this property has a Tax Key Number 23-1040-223616be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 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. 11 REGULAR MEETING APRIL 11,2005 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 Common Council Ms. Peggy A. Jaqua-Hammock, 4006 Cottage Avenue, Mishawaka, Indiana, owner, stated that she and her husband are planning to construct a 1600 square foot ranch style single-family home with a full basement. The house will consist of 3 bedrooms, 2 baths, living room, dining room and kitchen. The garage will be attached a be large enough for 2 vehicles. The area to be developed is approximately 1.18 acres. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes RESOLUTION NO. 3442-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1105 N. FRANCES STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARY AND LISA ANDERSON 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 1105 N. Frances Street, South Bend, Indiana, and which is more particularly described as follows: East 104.95 feet of Lot 52 and east 104.95 feet of Lot 51 and then excepting the north 44 feet of Lot 51 of Sorin’s Second Addition. 12 REGULAR MEETING APRIL 11,2005 , and this property has a Tax Key Number 18-5105-3671be 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 MEETING APRIL 11,2005 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. Gary Anderson, 1133 Hillcrest Road, South Bend, Indiana, owner, advised that he and his wife Lisa are planning to construct a 3,100 square foot home, with 4 bedrooms, three and half baths, full basement, and an attached two car garage. The floor plan also includes a full kitchen, a dining room, living room, sun room and basement laundry room. There will be a total of ten (10) rooms. Mr. Anderson stated that they purchased the lot from Notre Dame in December 2004 for $38,000.00. The cost of the home will be approximately $404,000 making the total project cost approximately $442,000. 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 Puzzello seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes RESOLUTION NO. 3443-05 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEARS PERSONAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK & MANUFACTURING, INC. DESIGNATING A NEW ADDRESS OF 1710 NORTH SHERIDAN STREET 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, the Common Council of the City of South Bend, Indiana, adopted a Confirmatory Resolution, No. 3213-03, confirming the designation that certain areas within the City be an Economic Revitalization Area for the purpose of tax abatement consideration; and WHEREAS, the petitioner has now moved the project equipment to 1710 North Sheridan Street (as opposed to the original address of 2502 West Lawton Street and 201 North Olive Street); and which is more particularly described as follows: 14 REGULAR MEETING APRIL 11,2005 Parcel of land begging approximately 889.84’ South & 40’ East of NW ¼ SE ¼ and known as Gibbs Wire & Steel Co Inc minor sub section 33-38-2E cont approximately AC , with said real estate having the following Key Numbers 18-2184-693803 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/Charlotte D. Pfeifer Member of the Common Council Councilmember Puzzello, Chairperson, Community and Economic Development 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. Thomas R. Kinnucan Jr., President, Hoosier Tank & Manufacturing Inc., 1710 North Sheridan Street, South Bend, Indiana, made the presentation for this bill. Mr. Kinnucan advised that originally Hoosier Tank & Manufacturing, Inc., was approved for a personal property tax abatement on July 28, 2003 for property located at 2502 West Lawton and 201 North Olive Street. The company has moved to 1710 North Sheridan Street due to the redirect of Bendix Drive. Mr. Kinnucan further advised that they are asking to have their personal property tax abatement moved to their new location. 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 Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 15 REGULAR MEETING APRIL 11,2005 BILL NO. 05-38 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 525 SOUTH LIBERTY STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ALAN AND VERONICA KUZMITS Councilmember Kuspa made a motion to continue this Resolution to the April 25, 2005 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3444-05 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 1618 DUNHAM ST., 223 JOHNSON ST., 705 S. KALEY ST., 749 W. WARREN ST., 2207, 2215, 2221, AND 2227 SMITH ST. 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, 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 1618 Dunham St., 223 Johnson St., 705 S. Kaley St., 749 S. Warren St., 2207, 2215, 2221, and 2227 Smith St.,South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: st 1618 Dunham Street Lot 8 Gorsuchs 118-4001-0006 223 Johnson Street N ½ Lot 7 College Grove 18-2006-0055 rd 705 S. Kaley Street Lot 1075 and 1076 Summit Pl 3 18-4040-1457 th 749 S. Warren Street Lot 80 Gorsuchs 518-4008-0286 2207 Smith Street Lot 36 and 37 Hollowell and 18-2025-0808 Smith subdivision of Lot 7 K & M addition 2215 Smith Street Lot 38 Hollowell and Smith 18-2024-0729 Subdivision of Lot 7 K & M Addition 2221 Smith Street Lot 40 Hollowell and Smith 18-2025-0797 Subdivision of Lot 7 K & M Addition 2227 Smith Street Lot 41 Hollowell and Smith 18-2025-0794 Subdivision of Lot 7 K & M 16 REGULAR MEETING APRIL 11,2005 Addition be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the are a 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 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. 17 REGULAR MEETING APRIL 11,2005 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 r 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/Charlotte D. Pfeifer Member of the Common Council Councilmember Puzzello, Chairperson, Community and Economic Development 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. Al Clark, Assistant Construction Manager, Habitat for Humanity of St. Joseph County, 402 E. South Street, South Bend, Indiana, made the presentation for this bill. Mr. Clark advised that Habitat for Humanity proposes to build 8 new homes with 1,120 square feet, one-story homes with 3 bedrooms, 1 to 1 ¾ baths, and a crawlspace. The homes will cost an estimated $65,000 each. The total estimated dollar value of the project is $520,000.00 A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember 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. BILLS, FIRST READING 18 REGULAR MEETING APRIL 11,2005 BILL NO. 22-05 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF TAYLOR STREET FROM LASALLE AVENUE, NORTH TO THE NORTH LINE OF LOT 3. SAID IRREGULAR SHAPED ALLEY IS FURTHER DESCRIBED AS BEING 133.64 FEET LONG ON THE WEST SIDE AND 89.59 FEET AND 28.01 FEET ON THE EAST SIDE. THE WIDTH IS 14 FEET AT LASALLE AVENUE AND WIDENS TO 23 FEET AT THE NORTH END OF SAID LOT 3 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on April 25, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 23-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $200,000 OF UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD GRANT FUNDS WITHIN FUND 209, FOR THE PURPOSE OF CONDUCTING BROWNFIELD ASSESSMENT AND CLEANUP ACTIVITIES This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on April 25, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS A. UPDATES FROM COUNCILMEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. UPDATE FROM COUNCILMEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS BY MR. JIM CIERZNIAK CONCERNING THE COLLEGE FOOTBALL HALL OF FAME Mr. Cierzniak, 1156 E. Victoria Street, South Bend, Indiana, informed the Council that in its 1993 Financial Statement Projection, the estimable Economics Research Associates ßà of Chicago predicted that in its ninth year (2004), the CFHF would have a new operating profit of $556,679. That figure did not include tax money from the City of South Bend, any kind of sponsorship money, or contributions from the National Football Foundation. The reality of 2004 was a loss, based on its own merits, o$1,140,267. Oops! Youll note ã that the net loss for 2004 was $64,713. The following are the items that make up the difference ($1,075,554) between the two loss figures: Hotel-Motel Tax Revenue $461,423; Professional Sports Development Fund (PSDF) $391,428; Sponsorships 19 REGULAR MEETING APRIL 11,2005 $100,000; NFF endowment addition $20,825; Transfer to NFF endowment ($20,825); NFF endowment drawdown ($26,000); NFF Contribution - Capital $42,375; Contribution - Public Support $8,675; Realized/Unrealized Investment Income $45,653; for a total of $1,075,554. Observations: Tax money (Hotel-Motel and PSDF) paid for 75% of the above difference of $1,075,554. That tax money was in addition to the $1.4 million payment which South Bend taxpayers made for the 17-year bond for the CFHF. Thus the Hall sucked up about $2,250,000 in 2004 from local and state government. (The PSDF represents state taxes that South Bend is able to retain.) Attendance for 2004 was 62,827. With total admission revenue of $255,792, the average was $4.07. Attendance for the past several years has been consistently in the 62,000-65,000 range. Attendance revenue was down 8.9% from 2003. COMMENTS CONCERNING GAYS, LESBIANS, BI-SEXUALS, AND TRANSGENDERS Mr. Richard Radics, Jr., 18519 Beechway, South Bend, Indiana, stated that he is a Registered Engineer, and Gay, and that he supports an amendment to Article 9 of the Human Rights Ordinance. He urged the Council to consider the important issues of making it illegal to discriminate against people based upon their sexual orientation or gender identity in the areas of employment, housing, education and public accommodations. Mr. Peter OKeefe, 1305 Walsh, South Bend, Indiana, addressed the Council and read ã into the record a letter signed by Mr. Conrad Damian, President, Board of Directors, AIDS Ministries/AIDS Assist of North Indiana, Inc., The Board of Directors of AIDS Ministries/AIDS Assist of North Indiana, Inc., supports an amendment to Article 9 of the Human Rights Ordinance, which would make it illegal to discriminate against people based upon their sexual orientation or gender identity in the areas of employment, housing, education and public accommodations. We believe that this amendment is sensible public policy, is in our citys economic interests and will help South Bend to ã create a more competitive and productive economy. Ms. Mary Porter, 52081 Woodridge, South Bend, Indiana, advised that she is representing the Sisters of the Holy Cross, and on behalf of Sister Mary Trugi, CSC, Co- Chair, Congregation Justice Committee and Sister Ann Oestreich, IHM, Congregation Justice Coordinator who support an amendment to Article 9 of the South Bend Human Rights Ordinance. Ms. Ported stated that as representatives of the Congregation Justice Committee of the Sisters of the Holy Cross, they express support for an amendment to Article 9 of the Human Rights Ordinance which would make it illegal to discriminate against people based upon their sexual orientation or gender identity in the areas of employment, housing, education and public accommodations. An amendment such as this would demonstrate our Citys commitment to ensure that the human rights of all of ã our citizens are protected. The Roman Catholic Church teaches that the political ß community pursues the common good when it seeks to create a human environment that offers citizens the possibility of truly exercising their human rights. Furthermore, the àß full attainment of the common good requires that the political community develop a twofold and complementary action that defends and promotes human rights (Pacem in à Terris, Pope John XXIII.) No political or social community can consider itself just ßà when some of its citizens are denied access to the full range of their basic human rights. In a spirit of justice and solidarity, we urge you to join us in supporting an amendment such as the one described above. It would constitute good public policy, but more importantly, it would demonstrate South Bends commitment to the inherent dignity of all ã of its citizens. It is the right thing to do and the time to do it is now. Bernie Acou, 3310 Northside Blvd., South Bend, Indiana, thanked the Council for their consideration of Bill 105-05 that has been deliberated the past couple of weeks. He stated that he is a member of Friends of River Park and they hope to rezone all of Northside Boulevard back to residential to bring back strength to the River Park Community in the future. 20 REGULAR MEETING APRIL 11,2005 Ms. Liz Taylor, 1308 Mishawaka Avenue, South Bend, Indiana stated that she is receiving her BA in Sociology and due to the lack of acceptance in the area because of her sexual orientation has felt as though she has been discriminated against. She urged the Council to support an amendment to Article 9 making it illegal to discriminate against people based upon their sexual orientation or gender identity. Ms. Ellyn Stecker, 1036 N. Niles Avenue, South Bend, Indiana, stated that she is representing the St. Joseph Valley NOW Chapter and stated that she is in support of an amendment to Article 9 of the Human Rights Ordinance, which would make it illegal to discriminate against people based upon their sexual orientation or gender identity. Ms. Maureen OKeefe, 739 Marquette, South Bend, Indiana, stated that she is ã representing Ms. Penny Hughes, Broker and Landlady, Hughes Investments, 1918 Southernview Drive, South Bend, Indiana. Ms. OKeefe read in the record a letter signed ã by Ms. Hughes. At your last meeting I rose to speak in favor of the amendment to Article 9, the Human Rights Ordinance, which would make it illegal to discriminate against people based upon their sexual orientation or gender identity in areas of employment, housing, education and public accommodations. 30 seconds was too little time to voice my reasons and Id like to do so now. As a realtor and landlady over 27 years in South ã Bend, Ive seen and heard a number of incidents of discrimination against people simply ã because a landlord or seller didnt like the way someone looked or dressed or who they ã dated. Since there is no ordinance against such discrimination she didnt say or do ã anything to help the people deal with the obvious discrimination they were facing. She felt ashamed for not helping right these situations, but with no ordinance against the discrimination she felt helpless. She believes this amendment is good sound public policy and is long overdue. Our community has lost a number of well educated people to other more tolerant cities. She knows, that she has met them and heard their stories of discrimination and frustration. She would be happy to meet with any of you anytime and tell you some of these stories. It is in our economic interest to stand up and be counted as one city in Indiana who cares about all people being treated fairly. She urged the Council to support the amendment to the Ordinance as well. Ms. Bridget Hardy, 319 Navarre, South Bend, Indiana, External Affairs Officer for Planned Parenthood of Indiana, stated that she is in support of an amendment to Article 9 of the Human Rights Ordinance, which would make it illegal to discriminate against people based upon their sexual orientation or gender identity in the areas of employment, housing, education, and public accommodations. At Planned Parenthood, our clinic is South Bend sees a diverse, largely low-income patient population. People come to us for medically-accurate information about sexuality, health care such as annual exams and infection screenings, and family planning services. We make it clear that no one will be discriminated against because of ability to pay, race, gender, gender identity, sexual orientation, familial status, age or disability. Fostering an environment of tolerance allows our patients to speak candidly with health care professionals, to feel comfortable, and ultimately, to make healthy, responsible decisions unimpeded by the complexities of prejudice. Many of our patients would not come to us without this policy. They would go somewhere else or forgo being tested for HIV or cervical cancer altogether, the outcomes of which come at great cost to both a community and an individual. Though not a perfect analogy, our city has a similar choice. Do we want hard-working fellow citizens to go somewhere else? Do we want them to forgo the most basic protections against discrimination protections that promote health and quality of life for our community as a whole? This amendment is clearly separate from the issue of gay marriage, civil unions, and other measures that would bring homosexuality into what some call the mainstream. Rather, its a basic assurance that people all people deserve ßàã to be able to work for their living, to have shelter, to learn and study in institutions of learning and have reasonable public accommodation. This isnt a slippery slope. Its ãßàã solid, highly principled ground, and encouraged the elected officials to walk it proudly. She believes the progress of South Bends economy and human rights efforts are ã critically linked to this decision. She has enjoyed very much seeing some of the important, often unrecognized, work the Council does. She hopes that this will be another instance where she is proud to say she is from South Bend. 21 REGULAR MEETING APRIL 11,2005 Ms. Missy Hamlet, 3035 Rue Rablis, Apartment #1321, South Bend, Indiana, stated that she is 42 years old and was born a male who is currently undergoing gender transformation to become a female. She was discriminated against by a former employer. When she became eligible for insurance she marked the box for female employee, when discovered that she was biologically a male, the insurance company questioned this and cancelled her coverage. She filed a suit against her employer and within two weeks of the filing of the lawsuit, she was fired from her job. Ms. Hamlet found another job and again when it came time to fill out paperwork for the medical insurance she marked the box male. However, when her doctor wrote a prescription for estrogen, the insurance company questioned by a male would need a drug prescribed for female patients. Again, the insurance company denied her claim. She urged the Council to support of an amendment to Article 9 of the Human Rights Ordinance, which would make it illegal to discriminate against people based upon their sexual orientation or gender identity. COMMENTS CONCERNING THE ANNEXATION OF THE WAGGONER FARMS PROPERTY Mr. Richard Sheehan, 15270 Mayflower Road, South Bend, Indiana, spoke regarding the Waggoner Farms/Portage Prairie annexation. Mr. Sheehan informed the Council that he listened to a presentation from Holladay Corporation and the only mention of businesses that were interested in this development were Bass Pro and Cebalis. Companies like Bass Pro and Cebalis, quite frankly it’s a positive move for the City and the City should undertake the project it’s just that simple. The catch is when you look at Bass Pro and Cebalis nationwide, Cebalis has a total of eighteen (18) outlets spread across the Country, Bass Pro has a total of twenty-four (24) outlets spread across the Country. Both have a business plan which says were are going to be very exclusive and we are not going to open up an outlet every twenty-five (25) or fifty (50) miles down the interstate. It is extraordinarily unlikely that you are going to get a firm like that relocating into the Holladay Project. What is more likely is that you are going to get a firm like Martin’s moving from Portage Avenue to the Holladay Property. Mr. Sheehan stated that existing companies will be moving from their downtown locations into this development, leaving downtown buildings empty. Unless you get new companies investing into a project like this you are going to have businesses competing against one another and harm the downtown area, Western Avenue area, South Main Street area. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:30 p.m. ATTEST: ATTEST: __________________________ _______________________ John Voorde, City Clerk Charlotte D. Pfeifer, President 22