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HomeMy WebLinkAbout05-09-05 Council Meeting Minutes REGULAR MEETINGMAY 9, 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, May 9, 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 Al “Buddy” Kirsits At-Large Absent: Karen L. White At-Large Vice-President 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 April 25, 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 Kelly made a motion that the minutes of the April 25, 2005, meeting of the Council be accepted and placed on file. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 3452-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING ALL POLICE OFFICERS KILLED IN THE LINE OF DUTY AND DECLARING THE WEEK OF MAY 15, 2005, AS LAW ENFORCEMENT MEMORIAL WEEK IN SOUTH BEND, INDIANA 1 REGULAR MEETINGMAY 9, 2005 Whereas, the Common Council of the City of South Bend, Indiana, notes that 154 police officers died in the line of duty in 2004, which represents a 6% increase in the number of officers who died serving and protecting their communities in calendar year 2003; and Whereas, the National Law Enforcement Officers Memorial in Washington, D.C. honors more than 16,500 of America’s federal, state and local law enforcement officers who have been killed in the line of duty and this year our nation will honor all of these heroes during National th Police Week which begins on May 15 and continues through May 21, 2005 ; and Whereas, the Common Council further recognizes that Fraternal Order of Police, Lodge # 36 will be conducting on Wednesday, May 18, 2005 at 1:30 p.m. at our Police Headquarters , the City of South Bend’s annual tribute and memorial service to honor all of the South Bend Police Department Officers who gave their lives in the line of duty, and paid the ultimate sacrifice, namely: Hans Brandt Samuel Cooper Charles E. Farkas, Sr. Neil McIntyre Fred E. Buland Paul R. Deguch Ronald St. Germain, Sr. Delbert Thompson Oscar Christenson Thomas J. DeRue, Sr. Lewis Keller Lloyd Thompson Howard Wagner Whereas, the Common Council notes that every 53 hours a law enforcement officer in the United States of America is killed in the line of duty; and that as of April 28, 2005, 42 police officers have died in the line of duty this year with two of those officers this year being from Indiana. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commemorates and gratefully honors the thirteen (13) members of the South Bend Police Department who made the ultimate sacrifice while serving and protecting the residents of the City of South Bend, Indiana. Section II. The South Bend Common Council honors each of these fallen police heroes, all fallen law enforcement officers across the country, and all of their families, friends and colleagues who they left behind, not because of the way each of them died, but rather because of the way each of these dedicated police officers lived and performed their police duties every day as a sworn peace officer. Section III. The Common Council hereby declares the week of May 15, 2005, asLaw Enforcement Memorial Weekin South Bend, Indiana. The Council urges all citizens to attend the upcoming memorial service on May 18, 2005, and to remember those who have given their lives while serving as part of the “thin blue line” standing between the lawful and the lawless. Section V. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/KathleenCekanski-Farrand,Council Attorney 2 REGULAR MEETINGMAY 9, 2005 Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Timothy Rouse, 605 Cherry Tree Lane, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolutionin its entirety and presenting it to Detective Sergeant Eugene Eyster, South Bend Police Department. 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. Det. Sgt. Eyster stated that on behalf of the officers who have given their lives in the line of duty, their survivors and fellow brothers and sisters who currently serve the City of South Bend, thanked the Council for their time and recognition. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Puzzello seconded the motion which carried. RESOLUTION NO. 3452-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA PUBLICLY COMMENDING SAINT JOSEPH REGIONAL MEDICAL CENTER, MEMORIAL HOSPITAL OF SOUTH BEND, OUT LADY OF PEACE HOSPITAL AND DECLARING MAY 8- 14, 2005 AS NATIONAL HOSPITAL WEEK Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize , and showcase Memorial Hospital of South BendandSaint Joseph Regional Medical Centeras part of the American Hospital Association’s National Hospital Week, which will take place from May 8-14, 2005; and Whereas, the Common Council notes that in 1882, the Sisters of the Holy Cross established South Bend’s first hospital in the city, which is now known as Saint Joseph Regional Medical Center which has 303 beds at its South Bend Campus and provides many top-quality medical services such as emergency/trauma, heart, cancer, rehabilitation, pediatrics, kidney dialysis, orthopedic, critical care and OB/GYN; and Whereas, the Council further notes that in 1894, the Women’s Home Missionary Societies of the Methodist Churches of South Bend founded Epworth Hospital and Training School, which officially changed its name in 1945 to Memorial Hospital of South Bend and now serves as a 526-bed regional referral center for top-quality inpatient cardiac, cancer, childbirth, emergency medicine and rehabilitation services as well as home care and related services; and Whereas, this year’s theme for National Hospital Week is “A Calling To Care” where individuals throughout America will be celebrating this time-honored event; and Whereas, the hard-working and dedicated individuals who work in our hospitals deserve special recognition and our sincere appreciation for keeping our community healthy. 3 REGULAR MEETINGMAY 9, 2005 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 congratulates and thanks all of the individuals associated with and working at Memorial Hospital of South Bend and Saint Joseph Regional Medical Center. Section II. The South Bend Common Council believes it is fitting and proper as part of the American Hospital Association’s to declare May 8-14, 2005 as National Hospital Week in South Bend, Indiana, and urges residents to express their appreciation for the people, facilities and technologies that make the miracle of health care possible in our community. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/KathleenCekanski-Farrand,CouncilAttorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Derek Dieter, 1135 Portage Avenue, South Bend, Indiana, and Councilmember Ann Puzzello, 1247 E. LaSalle Avenue, South Bend, Indiana, made a joint presentation for this Resolution by first offering their comments and then reading the Resolution in its entirety and presenting it to Nancy Hellyer, St. Joseph Medical Center, Ted Foty, Memorial Hospital, Christine Voorde, Our Lady of Peace. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Mr. Ted Foty advised that on behalf of the Board of Directors of Memorial Hospital, he thanked the South Bend Common Council for this great honor. Memorial Hospital has had one goal in its one hundred and eleven (111) years, and that was to design, create and to execute a healthcare delivery system to make certain that individuals in the community received the most updated and contemporary care that is available. Memorial would not be able to do this without the help of certain partnerships in the Community. A strong partnership that has provided the vehicle, the support and the endorsement to make this happen has come through the years from the Administration of the City of South Bend and through many governing boards and particularly the City Council. Ms. Nancy Hellyer, CEO, St. Joseph Regional Medical Center, spoke on behalf of all the wonderful employees who work each day to serve the residents of this wonderful community. It has always been the aim and the mission of the Sister’s of the Holy Cross and still is their aim as they direct St. Joseph Regional Medical Center today, to improve the health of our community. St. Joseph Regional Medical Center will continue to work to do so, in order to serve St. Joseph County and South Bend, Indiana, in the best way and shape possible. Ms. Hellyer asked that during this week to pay special attention to health care workers, friends, family members, anyone 4 REGULAR MEETINGMAY 9, 2005 that you know that may work at any of the wonderful institutions in this wonderful City, please extend to them thanks and appreciation for the hard work and job that they do. Ms. Christine Voorde, President, Our Lady of Peace Hospital. Ms. Voorde stated that Our Lady of Peace Hospital is affiliated with St. Joseph Regional Medical Center, and she didoed Nancy Hellyer’s comments. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLUTION NO. 3453-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING ALL OF THE INDIVIDUALS DILIGENTLY WORKING ON THE PROJECT DISARM TASK FORCE Whereas, the South Bend Common Council recognizes that approximately one year ago, the South Bend Police Department joined forces with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE), the U.S. Attorney’s Office, the St. Joseph County Prosecutor’s Office, and area law enforcement agencies to form a Project Disarm Task Force aimed at reducing violent crime and removing illegal guns from our streets and neighborhoods; and Whereas, gun and violence intervention programs like Project Disarm work to guarantee that gun-wielding criminals receive the maximum punishment possible for possessing firearms since the program is designed to place such individuals into the federal prosecution system and the federal justice system because their penalties are much more severe; and Whereas, Project Disarm should be considered as one tool in a toolbox of many different programs and different strategies which police departments can deploy to effectively address the issue of gun violence in our community; and Whereas, the Common Council is proud to acknowledge that the “swift and successful results in the courtroom” have become the rule for cases brought by this federally financed law enforcement effort specifically aimed at reducing illegal guns and gun violence with the Project Disarm Task Force “racking up impressive numbers of arrests, convictions and confiscated weapons, including machine guns, assault rifles and a gun that was capable of firing a grenade launcher”; and Whereas, to date, 67 persons have been indicted or criminally charged with criminal violations such as illegal use, carrying, possession, or sale of more than 150 firearms; and several murder cases have been solved as a result of the success of this ongoing crime-prevention program. 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 congratulates and thanks all of the very dedicated individuals diligently working as part of the gun and violence intervention program known as the “Project Disarm Task Force”. Section II. The South Bend Common Council wishes all of the individuals from the South Bend Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives 5 REGULAR MEETINGMAY 9, 2005 (ATFE), the U.S. Attorney’s Office, the St. Joseph County Prosecutor’s Office, and area law enforcement agencies continued success in effectively working together in making our streets and city safer. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth Derek D. Dieter, 1 District Ervin Kuspa, 6 District nd Charlotte D. Pfeifer, 2 District Al “Buddy” Kirsits, At Large rd Roland Kelly, 3 District Timothy A. Rouse, At Large th Ann Puzzello, 4 District Karen L. White, At Large th Dr. David Varner, 5 District KathleenCekanski-Farrand,Council Attorney Attest: John Voorde, City Clerk Stephen J. Luecke, Mayor Councilmember Derek D. Dieter, 1135 Portage Avenue, 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 members of the Project Disarm Task Force. A Public Hearing was held on the Resolution at this time. Special Agent David Allbritten, Alcohol, Tobacco, and Firearms and Explosives, stated that on behalf of Project Disarm they are humbled by this honor. This honor is for all the men and women in law enforcement, whose cooperation that the Task Force works with on a day to day basis in St. Joseph and Elkhart Counties.Through funding from Project Safe Neighborhoods a Department of Justice Initiative they will continue the effort with integrity and ethics that these communities demand from law enforcement. U.S. Deputy District Attorney Donald Schmid, South Bend, Indiana, spoke on behalf of the U.S. Attorney’s Office and the U.S. Department of Justice, that they are honored to be working in close cooperation with the Bureau of Alcohol, Tobacco, and Firearms, the City of South Bend Police Department, St. Joseph County Police Department, and the Elkhart City Police Department. Mr. Schmid stated that with those kinds of cooperative efforts between various law enforcement agencies that we can dedicate the kind of resources to make our streets safer and our communities a better place to live. Mr. Schmid thanked the Council for this great honor. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Kuspa seconded the motion which carried. RESOLUTION NO. 3454-05 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 CENTRE TOWNSHIP, MARK J. HALASZ ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, 6 REGULAR MEETINGMAY 9, 2005 Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the annexation of real estate located in Centre 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 10.07 acres of land containing one residential structure, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 50% contiguous, generally located on the south side of Kern Road, approximately 1,600 feet west of U.S. 31 South. This annexation territory is intended for eventual development as a 17 lot single family subdivision. The residential subdivision usage of this annexation territory will require a basic level of municipal public services of 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, 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 sewer 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 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 the 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 Centre Township, St. Joseph County, Indiana, be annexed to the City of South Bend: A PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 36 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 2; THENCE NORTH 89 DEGREES 04 MINUTES 47 SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 2, A DISTANCE OF 1315.56 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 10 MINUTES 52 SECONDS WEST ALONG THE WEST BOUNDARY LINE OF LAFAYETTE FALLS, SECTION TWO, AS RECORDED UNDER INSTRUMENT NUMBER 0451995 IN THE OFFICE OF THE RECORDER OF 7 REGULAR MEETINGMAY 9, 2005 SAID COUNTY, A DISTANCE OF 1337.03 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH 89 DEGREES 10 MINUTES 21 SECONDS WEST, A DISTANCE OF 356.28 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 52 SECONDS EAST ALONG THE EAST BOUNDARY OF KERN ROAD ESTATES, SECTION TWO, AS RECORDED UNDER INSTRUMENT NUMBER 7826178 AND A PARCEL OF LAND AS DESCRIBED UNDER WARRANTY DEED 8012383, BOTH RECORDED IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 1031.50 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND AS DESCRIBED UNDER INSTRUMENT NUMBER 0035390 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT TWO COURSES ALONG THE RESPECTIVE BOUNDARY LINE OF SAID PARCEL: (1) SOUTH 89 DEGREES 04 MINUTES 47 MINUTES EAST, A DISTANCE OF 138.05 FEET; (2) THENCE NORTH 00 DEGREES 10 MINUTES 52 SECONDS EAST, A DISTANCE OF 346.11 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF KERN ROAD ALSO BEING ON THE SOUTH LINE OF LOT 2 OF WALNUT FARMS AS RECORDED UNDER INSTRUMENT NUMBER 9837229 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 04 MINUTES 47 SECONDS EAST ALONG THE SOUTH LINE OF SAID LOT 2 AND LOT 10 OF SAID WALNUT FARMS ALSO BEING PARALLEL TO THE NORTH LINE OF SAID SECTION TWO, A DISTANCE OF 218.24 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 52 SECONDS WEST, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 10.17 ACRES, MORE OR LESS. 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 the developer will extend the sewer network at its expense from the Lafayette Falls Phase Two Subdivision through the new annexation area; that the water main within the Lafayette Falls development will adequately serve the annexation area until full development of the annexation area when it will be necessary to install a water main along Kern Road to loop the service; that the developer will plan, provide, and pay for construction of new public streets and installation of street lighting subject to compliance with state and local law; and that a drainage plan will be addressed through the subdivision process. 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 8 REGULAR MEETINGMAY 9, 2005 Mr. 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 advised that this is a voluntary annexation of contiguous territory in Centre Township to the City of South Bend.The annexation is a 10.07 acre parcel of the south side of Kern Road, approximately 1,600 feet west of U.S. 31 South. All public improvements, if any, 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 Kelly made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. TH COUNCIL DISTRICT UPDATES 5 DISTRICT COUNCILMEMBER DR. DAVID VARNER Councilmember Varner stated for those who are not aware where District 5 is located at the southeast quadrant. If you stand on the corner of Ewing and Michigan and look due south and due east, everything encompassed in that area within the City limits would then essentially be District 5. Councilmember Varner advised that he would like to report that everything is perfect but it isn’t. All is well, we will work on the perfection portion later. As far as things that have happened recently, which are of interest in the District is that the ambulance that had been stationed on Ireland Road, because of the closing of that station, will soon be reassigned to District 5 and the central area of the district. They will be able to provide emergency medical services to the area such as St. Paul and Ridgedale th Nursing Homes as well as the rest of the district. A large part of the 5 District is retired folks and will be served well by this relocation. Construction reports for this month as from the Building Department indicate that approximately six additional stores have begun construction or have pulled permits for the Erskine Plaza Area. Encompassing more than 150,000 additional square feet of retail. While this is not in District 5 it is in District 6, Councilmember Kuspa’s area. Erskine Village as well as Erskine Plaza will begin some official construction within the next couple of weeks. Final note on additions, building permits have also been added recently to the Stone Hedge Area and in th the Royal Oak Area Subdivisions. Population growth is happening in the 5 District. Logan’s Road House had their grand-opening at the Erskine Village site today, and gives one more choice for restaurants in the southeast quadrant of South Bend. Now for the areas that aren’t perfect. We still have way too many potholes. And it is time to begin to repair and paving season. Councilmember Varner hoped that the City would be able to find enough resources and manpower in the coming four to five months to accomplish some of things that have had to wait in the past. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:30 p.m., Councilmember Dieter made a motion to resolve into the Committee of the Whole. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kelly, Chairperson, Committee of the Whole, presiding. Councilmember Kelly explained the procedures to be followed for tonights meeting in ã 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 9 REGULAR MEETINGMAY 9, 2005 BILL NO. 21-05 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, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; MARK J. HALASZ, 20800 KERN ROAD, SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and sends this bill to the full Council with no recommendation due to the lack of a quorum. Mr. Derek J. Spier, Planner, Abonmarche Consultants, L.L.C., 750 Lincoln Way East, South Bend, Indiana, made the presentation for this bill. Mr. Spier advised that he is representing Mark Halasz, the petitioner and Kendal Weiss, L.L.P. the developer. The petitioner is seeking annexation approximately 10.17 acres for property located directly west of the Lafayette Falls Subdivision. This property is on the south side of Kern Road and west of U.S. 31. The site will become Phase II of the Lafayette Falls Subdivision and will contain seventeen (17) single-family residential lots and over 600 lineal feet of new roadway.Home prices will start at approximately $110,000 to $120,000 and will be similar to homes in the first phase of the development. This annexation is voluntary and it is an addition to the developing subdivision. 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 eight ayes. Additionally, Councilmember rd Puzzello made a motion to set this bill for 3 reading on May 23, 2005. Councilmember Rouse seconded the motion which carried by a voice vote of eight ayes. BILL NO. 22-05 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF 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 Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee met this afternoon and voted to send this bill to the full Council with a favorable recommendation. Ms. Connie Tooley, 514 W. LaSalle Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Tooley advised that she is the Managing Member of BradConn Development LLC, and they are petitioning to vacate the proposed alley to eliminate existing problems of dumping of trash and other unwanted materials in the alley. Vacation of this alley will 10 REGULAR MEETINGMAY 9, 2005 allow the property maintenance of this area, and prevent further vagrancy and illegal behavior by eliminating public access at this location. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight ayes. BILL NO. 24-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR AND OR CONTROLLER OF THE CITY OF SOUTH BEND TO MAKE TEMPORARY LOANS TO MEET CURRENT RUNNING EXPENSES OF VARIOUS FUNDS OF THE CITY IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2004, AND COLLECTABLE IN THE YEAR 2005, AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON Councilmember Puzzello made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kelly, Chairperson, Personnel & Finance Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Ms. M. Catherine Fanello, City Controller, 14 Floor, County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Fanello advised that due to delays in billing, the 2004 tax revenues usually payable by June 2005 will be delayed. Therefore, City accounts will be insufficient to meet budgeted and necessary expenses. This bill will allow temporary tax anticipation time warrants to meet ongoing expenses. 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 as substituted. Councilmember Kuspa seconded the motion which carried by a voice vote of eight ayes. RISE AND REPORT Councilmember Dieter made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. 11 REGULAR MEETINGMAY 9, 2005 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 7:43 p.m. Council President Charlotte D. Pfeifer presided with eight (8) members present. BILLS, THIRD READING ORDINANCE NO. 9587-05 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 PROPERTY LOCATED AT 23464 ADAMS ROAD, 24222 ADAMS ROAD AND ADJACENT PROPERTY, COUNCILMANIC DISTRICT NO. 1, GERMAN TOWNSHIP, CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9588-05 AN ORDINANCE 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 third reading. Councilmember Varner made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 12 REGULAR MEETINGMAY 9, 2005 ORDINANCE NO. 9589-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR AND OR CONTROLLER OF THE CITY OF SOUTH BEND TO MAKE TEMPORARY LOANS TO MEET CURRENT RUNNING EXPENSES OF VARIOUS FUNDS OF THE CITY IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2004, AND COLLECTABLE IN THE YEAR 2005, AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as substituted. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3455-05 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 3201 W. WESTERN AVENUE, 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 Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; 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 3201 W. Western Avenue, South Bend, Indiana 46619 in order to permit the existing auto sales business with 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 Zoning Appeals, a copy of which is on file in the Office of the City Clerk. 13 REGULAR MEETINGMAY 9, 2005 Section III. The Common Council of the City of South Bend, Indiana, hereby find 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 & Annexation Committee, reported that this Committee met this afternoon and sends this bill to the full Council with no recommendation due to the lack of a quorum. Mr. Chuck Bulot, Assistant Zoning Director, Building Department, 125 S. Lafayette Blvd., South Bend, Indiana, gave the report from the Board of Zoning Appeals. Mr. Bulot advised that the petitioner is requesting to bring the existing non-conforming facility into conformance with the current zoning of LB Local Business. 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 no devalue the surrounding properties. Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. The conditions to this particular property does create an unusual and unnecessary hardship. It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. The decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a favorable recommendation. Mr. Bernard Feeney, Registered Land Surveyor, Lang, Feeney & Associates, Inc., 715 S. Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the owner Miguel Becerril. Mr. Feeney advised that Mr. Becerril is requesting a special exception at the petitioned parcel located at 3201 W. Western Avenue, South Bend, Indiana. This is the current site of an auto sales office. The site is currently zoned LB Local Business District. The site contains ample parking however the existing building encroaches over required setbacks. Therefore we are asking for the special use.Mr. Feeney stated that the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Adequate utilities, access road, drainage and/or necessary facilities shall be provided and approved by appropriate 14 REGULAR MEETINGMAY 9, 2005 governing offices. Adequate measured have been taken to provide ingress and egress so designed as to minimize traffic congestion in the public street. 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 eight (8) ayes. RESOLUTION NO. 3456-05 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 S. WILLIAM ST. 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 its 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 its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; 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 S. William St. in order to permit A Special Exception to allow single family residence in a “Mixed Use” zoning. 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; 15 REGULAR MEETINGMAY 9, 2005 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 it’s 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 met this afternoon and sends this bill to the full Council with no recommendation due to the lack of a quorum. Mr. Chuck Bulot, Assistant Zoning Director, Building Department, 125 S. Lafayette Blvd., South Bend, Indiana, gave the report from the Board of Zoning Appeals. Mr. Bulot advised that the petitioner is seeking a Special Exception to allow a single family residence in a property zoned “Mixed Use.” 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. Therefore, the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a favorable recommendation. Mr. Bob Yapp, Community Preservation Specialist, Historic Landmarks Foundation of Indiana, 402 West Washington Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Yapp advised that the Historic Landmarks Foundation of Indiana are the owners of the B’nai Israel Synagogue at 420 S. William Street. The building was abandoned nine years ago and a lot of people have talked about the reuse of the structure. About a year ago the Jewish community donated the property instead of tearing it down. Historic Landmarks has stabilized the building and put a new roof on it. Mr. Yapp introduced Chris Wood, a local home builder and general contractor and stated that he has a lot of enthusiasm and he’s got great financial capabilities and skills to turn this into a wonderful property. The problem is that it is zoned “Mixed Use” right now, and that is the reason why we are requesting that the special exception for residential use be granted. 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 eight (8) ayes. BILL NO. 05-45 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH 16 REGULAR MEETINGMAY 9, 2005 BEND, INDIANA, COMMONLY KNOWN AS LOT 5 IN THE U.S. 31 INDUSTRIAL PARK, PHASE II AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STANZ CHEESE CO., INC. D/B/A STANZ FOODSERVICE, INC. Councilmember Varner made a motion to continue this bill until the May 23, 2005 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3457-05 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 2502 BERTRAND STREET, 2107 ROGER STREET, 1706 SOUTH WILLIAM STREET AND 606 WEST CALVERT STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR FREDERICK WILLIAMS WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 2502 Bertrand Street, 2107 Roger Street, 1706 South William Street, and 606 West Calvert Street, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 2502 Bertrand St. Lot 113 Kaleys 2nd 18-2067-2484 2107 Roger St. Lot 9 Robinsons & Haughtons Sub of 01-1002-002236 Lots 3 & 4 K & M Add 1706 S. William St. N ½ Lot 18 South Bend & 01-1002-002236 Gary Land Co. st 606 W. Calvert St. Lot 132 DM Shivelys 1 Add 01-1002-002236 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1et 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, etseq., 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: 17 REGULAR MEETINGMAY 9, 2005 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; an D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. 18 REGULAR MEETINGMAY 9, 2005 SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Puzzello, Chairperson, of the Community and Economic Development committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Frederick Williams, 2228 N. Elmer, South Bend, Indiana, made the presentation for this Resolution. Mr. Williams advised that he will construct four new homes. The homes will be approximately 1,320 square feet, with three (3) bedrooms, two (2) bathrooms, living room, dining room with ceramic tile floors and appliances. The cost of the new homes will be $67,000.00 with an estimated market value of $89,000.00 making the total project cost approximately $268,000.00 and a market value of $356,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3458-05 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 5635 MIAMI STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR RONALD L. PELTZ WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 5635 Miami Street, South Bend, Indiana, and which is more particularly described as follows: Lot 4 Ex 48.37 feet W end Morris Sub division. 19 REGULAR MEETINGMAY 9, 2005 , and this property has a Tax Key Number 23-1037-2091be 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, etseq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: 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 20 REGULAR MEETINGMAY 9, 2005 D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Puzzello, Chairperson, of the Community and Economic Development committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Ronald Peltz, 918 Autumn Lake Circle, Apt 1-A, Mishawaka, Indiana, made the presentation for the Resolution. Mr. Peltz stated that he and his wife are planning to construct a new home of approximately 2,600 square feet. The home is a single-family home on one acres of land. The home will consist of eight rooms, two and half baths, and an attached three car garage. The cost of the home is approximately $300,000.00. A Public Hearing was held on the Resolution at this time. 21 REGULAR MEETINGMAY 9, 2005 There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS – FIRST READING BILL NO. 25-05 FIRST READING ON A BILL AMENDING THE ZONING ORDIANCE FOR PROPERTY LOCATED AT 3610 EDISON ROAD, 3612 EDISON ROAD, 3618 EDISON ROAD AND 1315 HICKORY ROAD, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly made a motion to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 26-05 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT-FO-WAY BEGINNING AT THE SOUTHEAST CORNER OF LOT 166 OF UNIVERSITY HEIGHTS, A SUBDIVISION IN THE CITY OF SOUTH BEND; THENCE SOUTH 9.00 FEET ALONG THE PROJECTED EAST LINE OF SAID LOT; THENCE WEST PARALLEL TO THE SOUTH LINE OF SAID LOT 63.00 FEET; THENCE NORTH PARALLEL TO THE PROJECTED EAST LINE OF SAID LOT 9.00 FEET TO THE SOUTH LINE OF SAID LOT; THENCE EAST 63.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on May 23, 2005. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 27-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $385,416 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S SHELTER PLUS CARE GRANT PROGRAM WITHIN FUND 212 – COMMUNITY DEVELOPMENT FUND This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on May 23, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. 22 REGULAR MEETINGMAY 9, 2005 BILL NO. 28-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND, INDIANA, TO ISSUE ITS “ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2005 (MDC SOUTH BEND, LLC PROJECT)” AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on May 23, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 29-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW SECTION 2-170.8 CREATING A PROPERTY TAX LEVY EXCESS FUND This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on May 23, 2005. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS BILL NO. 28-04 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 GERMAN TOWNSHIP CONTIGUOUS THEREWITH; (STEVE & JEAN COOREMAN) (21300 BLOCK OF CLEVELAND ROAD & 52804 LYNNEWOOD AVENUE, SOUTH BEND, INDIANA 46628) 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 June 13, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 04-81 AN 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 TOWNSHIP (STEVE AND JEAN COOREMAN ANNEXATION AREA) 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 June 13, 2005. 23 REGULAR MEETINGMAY 9, 2005 Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS Councilmember Kelly stated that he is the Council representative on the Urban Enterprise Zone, and stated that the Committee has been catching up on approving minutes. Councilmember Pfeifer stated that she attend the County Wide Anti-Terrorism meeting, which was held on Wednesday, Apirl 27, 2005. It was a very informative meeting and she congratulated all the members of the task force on doing such a wonderful job. Councilmember Rouse stated that he attend the River Walk at Leeper Park. He also sated that he is a member on the Solid Waste Management Board and everything is working well. B. MISCELLANEOUS PRIVILEGE OF THE FLOOR A. PUBLIC PORTION COMMENTS FROM MR. RANDY PRZYBYSZ, COUNTY COUNCIL MEMBER DISTRICT A ON THE SOLID WASTE MANAGEMENT BOARD Mr. Randy Przybysz, 1318 Canterbury Drive, South Bend, Indiana, stated that he is a County Council Member for District A. Mr. Przybysz stated that he is the County Council representative on the St. Joseph County Solid Waste Management Board. He wanted to go on record stating that the Board received a clean exit interview with the State Board of Accounts. COMMENTS FROM MR. DONALD BRUBAKER REGARDING URBAN SUSTAINABLE GUIDELINES Mr. Brubaker, 1706 Anderson Avenue, South Bend, Indiana, advised the Council that on February 17, 2005 he filed in the Office of the City Clerk a 27 page petition addressing “Urban Sustainable Development Guidelines” with sub-categories of conservation easements, single unit residential subdivisions, and commercial & industrial sites & subdivisions. Mr. Brubaker would like the Area Plan Commission and Board of Zoning Appeals to make recommendations to whether any amendments should be formally considered. B. UPDATE FROM COUNCILMEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING No topics assigned to Councilmember from the prior Council Meeting. 24 REGULAR MEETINGMAY 9, 2005 ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:11 p.m. ATTEST: ATTEST: ________________________ ________________________ John Voorde, City Clerk Charlotte D. Pfeifer, President 25