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HomeMy WebLinkAbout05-23-05 Council Meeting Minutes REGULAR MEETINGMAY 23, 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 23, 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 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 May 9, 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 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 nine (9) ayes. SPECIAL BUSINESS BILL NO. 05-55 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA PUBLICLY COMMENDING ELMER CARR FOR HIS MORE THAN SIXTEEN (16) YEARS OF FAITHFUL AND DILIGENT SERVICE ON THE CITY’S BOARD OF PUBLIC SAFETY Councilmember Varner made a motion to continue this bill until the June 13, 2005 meeting of the Council, due to Mr. Carr not being able to attend this evenings meeting. Councilmember Kuspa seconded the motion which carried. 1 REGULAR MEETINGMAY 23, 2005 RESOLUTION NO. 3459-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING SUSAN WALKER FOR BEING SELECTED AS THE TEACHER OF THE YEAR FOR 2005 BY THE SOUTH BEND COMMUNITY SCHOOL CORPORATION Whereas, the Common Council of the City of South Bend, Indiana, recognizes that there are over 60,000 teachers teaching in the 294 public school corporations and state-accredited nonpublic schools throughout the state of Indiana; and that the South Bend Community School Corporation recently honored 36 local teachers who serve in our primary centers, intermediate centers and high schools for their special teaching skills and dedication to education excellence; and Whereas, the Common Council is especially proud to publicly honor SUSAN WALKER, a graduate of Indiana University who continued her studies at Vandercook College of Music, IU South Bend, and St. Francis College; who has taught for 16 years in the South Bend Community School Corporation, beginning her career at Riley High School where she taught band for 7 years, then split her time and many talents between Nuner and Tarkington when they were elementary schools for the next 7 years, then taught band and orchestra at LaSalle when it became an intermediate magnet school in 2003-2004 academic year, and is now teaching band during the 2004-2005 academic year at LaSalle Intermediate Academy; and Whereas. the Council believes that SUSAN WALKER represents the very best of education profession as exemplified by her caring attitude, her sincere dedication, her exceptional talents, her sensitivity, her ability to focus on keeping each student’s life and her own “in balance”; and it is therefore only fitting and proper for the Council on behalf of the entire South Bend community to thank her for her time, vision, passion for innovative and dedicated teaching skills, her “sternness with a sense of humor”, and her ability to provide constructive criticism balanced with praise. Now, therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates LaSalle Intermediate Academy teacherSUSAN WALKERfor being named by the South Bend Community School Corporation th as the “2005 Teacher of the Year”, who becomes the 26 teacher to be awarded this highest of teaching honors. Section II. The South Bend Common Council notes with pride that SUSAN WALKER moved to South Bend immediately after graduating from Indiana University in Bloomington, and has been challenging young minds with her many educational and musical talents ever since. Section III. The Council wishes SUSAN WALKER many years of continued success as an outstanding teacher in the South Bend Community School Corporation as she goes on to dedicate her life to teaching excellence while bringing countless joys to her students and colleagues as epitomized by her commitment to providing a positive, creative and caring attitude, which others should emulate. Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. 2 REGULAR MEETINGMAY 23, 2005 stth Derek D. Dieter, 1 District Ervin Kuspa, 6 District nd Charlotte D. Pfeifer, 2 District Timothy A. Rouse, At Large rd Roland Kelly, 3 District Al “Buddy” Kirsits, At Large th Ann Puzzello, 4 District Karen L. White, At Large th Dr. David Varner, 5 District Kathleen Cekanski-Farrand, Attorney Attest: John Voorde, City Clerk Stephen J. Luecke, Mayor Councilmember Ann Puzzello, 1247 E. LaSalle Avenue, South Bend, Indiana, made the presentation for this Resolution by first offering her comments and then reading the Resolution in its entirety and presenting it to Susan Walker. 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. Ms. Walker thanked the Council for this honor and stated that she continues to be humbled by this award. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Dieter seconded the motion which carried. RESOLUTION NO. 3460-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING THE 2005 CELEBRATION OF JUNETEENTH THTH ON JUNE 17 THROUGH JUNE 19 AND ENCOURAGING CITIZENS TO PARTICIPATE IN THE MANY JUNETEENTH COMMUNITY ACTIVITIES Whereas, the Common Council of the City of South Bend, Indiana, recognizes that on thth the 19 day of June in 1865, the last slaves in America were freed and that June 19 has been nationally referred to as “Juneteenth” representing the joy of freedom which welcomes the opportunity for new beginnings; and Whereas, the Common Council notes that many individuals and organizations such as the South Bend Chapter of the Indiana Black Expo, the Minority Health Coalition of St. Joseph County, the South Bend Branch of the NAACP, the Urban League of South Bend, the Ministerial th Alliance and Wells Fargo Bank have been working together on the upcoming events for the 6 th Annual Juneteenth Weekend Celebration in our community on June 17 through June 19th Working Together Works” whose theme will be “; and Whereas, the City of South Bend, Indiana, believes that all persons should have the opportunity to have an effective voice for educational, social and economic advancement so that our community will continue to grow and prosper and as a result this year’s Juneteenth Celebration will compliment the South Bend Chapter of the Indiana Black Expo’s “Staying Alive in 2005” campaign which will promote the overall health of African Americans. Now, therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: 3 REGULAR MEETINGMAY 23, 2005 Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly recognizes the 2005 celebration of Juneteenth in our Working Together Works”. community, which will focus on the theme “ th Section II. The Common Council encourages participation in the6 Annual Juneteenth Weekend Celebrationwhich includes a wide variety of activities scheduled for Youth Day on ththth June 17, Family Day on June 18 and Gospel Day on June 19 with these event taking place at the Charles Black Center and the LaSalle Park. 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 Timothy A. Rouse, At Large rd Roland Kelly, 3 District Al “Buddy” Kirsits, At Large th Ann Puzzello, 4 District Karen L. White, At Large th Dr. David Varner, 5 District Kathleen Cekanski-Farrand, Attorney Attest: John Voorde, City Clerk Stephen J. Luecke, Mayor Councilmember David Varner, 1306 Clayton Drive, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and asking the City Clerk’s Office to send a copy to the appropriate representatives. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Dieter seconded the motion, which carried. RESOLUTION NO. 3461-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE MANY JOURNALISTS FROM THE SOUTH BEND TRIBUNE FOR EARNING AWARDS AND HONORS FROM THE INDIANA CHAPTER OF THE SOCIETY OF PROFESSIONAL JOURNALISTS FOR JOURNALISM EXCELLENCE Whereas, the Common Council of the City of South Bend, Indiana notes that the Society of Professional Journalists was founded in 1909 and is the nation’s largest not-for-profit journalism organization with over 13,500 journalists who “believe that public enlightenment is the forerunner of justice and the foundation of democracy” ; and Whereas, the Society of Professional Journalists believe that the duty of the journalist is to seek truth and provide a fair and comprehensive account of events and issues, while serving the public with thoroughness, honesty and professional integrity; and Whereas, the South Bend Common Council proudly recognizes the following journalists stnd from the South Bend Tribune who earned eight (8) 1 place awards, three (3) 2 place awards rd and two (2) 3 place awards for their work in the “2004 Best in Indiana Journalism” by the Indiana Chapter of the Society of Professional Journalists held on April 29, 2005, namely: 4 REGULAR MEETINGMAY 23, 2005 st 1 Place Award Winners: HEIDI PRESCOTT, best non-deadline reporting for “Echoes of Betrayal”, a 5-part series JEFF PARROTT, best coverage of children’s issues for “Youth at Risk”, a 3-part series DAVID RUMBACH, best medical/science reporting for “Breaking Autism’s Grip MICHAEL WANBAUGH. MARGARET FOSMOE & ALESIA REDDING, best education coverage for their 14-part series “Falling Behind: Dropouts Learn Tough Lessons” JESSICA TROBAUGH TEMPLE, best social justice reporting for “A New Outlook: Ex-inmate Learning What It Takes to Be Free”, a 5-part series GENE KAISER, best spot news photograph for his picture of firefighters battling a house fire GAYLE DANTZLER, best editorial for “Free Ibrahim” ERIC HANSEN, best non-fiction book for “Notre Dame Stadium Stories” nd 2 Place Award Winners: HOWARD DUKES, social justice reporting for “Living History: A Civil Rights Journey” CHRIS TOBIN, MATT MURSCHEL & ERIC HANSEN, designers for best layout/design, page one CHRIS TOBIN & JOHN STUMP, designers for best layout/design, other than page one 3rd Place Award Winners: CHRIS TOBIN, designer for best layout/design, other than page one JOHN STUMP, designer for best informational graphics for “News 22 Stormtracker H2” 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 congratulates Common Council hereby all of the award recipients of the South Bend Tribune for bringing the highest of honors to themselves, their family, friends & colleagues, the South Bend Tribune & all of the residents of the City of South Bend, Indiana, for being recognized as one of th the most honored newspapers at the 25 Annual Awards Banquet of the Indiana Chapter of the Society of Professional Journalists for journalism excellence held on April 29, 2005, in Indianapolis, Indiana. Section II . 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 Timothy A. Rouse, At Large rd Roland Kelly, 3 District Al “Buddy” Kirsits, At Large th Ann Puzzello, 4 District Karen L. White, At Large th Dr. David Varner, 5 District Kathleen Cekanski-Farrand, Attorney 5 REGULAR MEETINGMAY 23, 2005 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 Tim Harmon, Eric Hansen and Jeff Parrott from the South Bend Tribune. Tim Harmon, Eric Hansen and Jeff Parrott thanked the Council for this honor. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion, which carried. RESOLUTION NO. 3462-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP, JO ANN NUCCI ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution, and; WHEREAS, the territory proposed to be annexed encompasses approximately 2.11 acres of land on which is situated one single family residence, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 57% contiguous, generally located on the east side of Portage Road, approximately 500 feet north of Appaloosa Lane, German Township, Indiana. It is anticipated that upon annexation and this Council's separate approval, the zoning will be changed from "R" Residential to "CB" Community Business District, and that eventually the annexation area will be the site of a commercial retail center. For its expected future use, this annexation area 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 6 REGULAR MEETINGMAY 23, 2005 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 German Township, St. Joseph County, Indiana, be annexed to the City of South Bend: Being a part of the Southwest and Northwest Quarters of Section 22, Township 38 North, Range 2 East, of German Township, St. Joseph County, Indiana, which is described as: Beginning at the intersection of the North right-of-way line of Darden Road and the East line of the West Half of the Northwest Quarter of said Section 22; thence South 00 -00'-00" East, (all bearings assumed) along said East line and the East line of the West Half of the Southwest Quarter of said Section 22, 332.97 feet more or less; thence South 70 -56'-51" West 187.14 feet more or less to a point on the Easterly right-of-way line of Portage Road; thence Northwesterly along said Easterly right-of-way line, 416.82 feet more or less along said Easterly right-of-way line of Portage Road to its intersection with the North right-of-way line of Darden Road; thence North 90 -00'-00" East, along said North right-of-way line, 312.75 feet more or less to the Point of Beginning. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non-capital nature, such as police and fire protection, street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as street and road construction, street lighting, a sanitary sewer extension, a water distribution system, a storm water system, and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt The Fiscal Plan as set forth in Exhibit "A", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides among other things, that existing water mains and sewer main lines will be sufficient to service this area with the developer paying for the extension of an existing sewer main line; that the developer will install necessary street lighting at its expense; that the developer will construct and pay for any new public streets necessary to access the development area; and that a street drainage plan will be planned, provided and paid for by the developer subject to compliance with state and local law. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. 7 REGULAR MEETINGMAY 23, 2005 s/Charlotte D. Pfeifer Member of the Common Council Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. Mr. Larry Magliozzi, Assistant Director, Division of Community and Economic Development, 1200 County-City Building, South Bend, Indiana, made the presentation for the Resolution. Mr. Magliozzi advised that this bill is a companion to Bill No. 19-05. This bill proposed to voluntarily annex contiguous territory in German Township to the City of South Bend. The resolution is a written plan and policy that provides services, both capital and non- capital in nature. The annexation is a 2.11 acre parcel of the east side of Portage Road, approximately 500 feet north of Appaloosa Lane. 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 Dieter made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. TH COUNCIL DISTRICT UPDATES - 6 DISTRICT COUNCIL MEMBER ERVIN KUSPA th Councilmember Kuspa advised that Spring Clean Up has begun in the 6 District. The th newest project in the 6 District is Erskine Commons located on U.S. 31 South and Ireland Roads. The retail center will house a Lowe Home Improvement Store along with a Wal-Mart. This project is greatly welcomed and a plus for the citizens in the district. th Habitat continues to build affordable homes for residents of the 6 District. The construction of a new supermarket on Western Avenue and Liberty Street is an added plus to the Hispanic Community. The curb and sidewalk replacement project along Prairie Avenue & Indiana Avenue is currently underway. The dedication of the new Police Station was held last month and is a beautiful facility. Rum Village continues to thrive and the Park will serve as the location of the new summer festival. The Weed & Seed Program in the St. Casmir’s Neighborhood is continuing to work to protect the residents in that area. The Belleville Softball Complex hosted the U.S. Olympic Girls Softball Team in previous years and is a marvelous facility. Councilmember Kuspa urged everyone to visit the complex. The construction of the Friendship Station located in Belleville Park adjacent to the Softball Complex is currently underway. Councilmember Kuspa stated that the Rotary Club is still in need of volunteers both skilled and unskilled to finish the project. He stated that they would be working May 23, 2005 – May 27, 2005 from 4:00 to 8:00 p.m. It will be a wonderful facility for parents to bring their children to play and enjoy. The remaining Studebaker buildings are ready for demolition and the planning of new development in the corridor can begin. On the downward side, graffiti still remains a problem along with abandoned vehicles and empty retail buildings. Streets are still in need of repair and the Department of Code th Enforcement continues to enforce code violations. All in all the 6 District of the City of South Bend still remains a nice place to live. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:40 p.m., Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember 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 8 REGULAR MEETINGMAY 23, 2005 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. 19-05 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, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH, COUNCILMANIC DISTRICT #1, JO ANN NUCCI, 52520 PORTAGE ROAD, SOUTH BEND, INDIANA Councilmember Kirsits made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. th Paul Thuringer, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Thuringer stated that the petitioner is requesting a zone change from “R” Residential (County) to “CB” Community Business (City) to allow Uses allowed under the “CB” Community Business District including a drive-up window. On site is a single-family home. To the north is vacant land in the County zoned “R” Residential. To the east is an apartment complex in the City zoned “MF2” Multi-Family. To the south is vacant land in the County zoned “R” Residential. To the west are commercial uses including a bank in the City zoned “CB” Community Business. The “CB” Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users, which may include limited amounts of outdoor sales or outdoor operations. The site to be rezoned is approximately 2.11 acres. The site plan shows the 12,745 square foot building with the drive-through on the north side of the building. The site plan shows two entrances off Portage Road. Extensive required landscaping is shown around the perimeter of the site and the foundation of the building. The property to the west was annexed and rezoned to “CB” Community Business for a shopping center, drycleaner, restaurant, and similar businesses in March of 2005. The property to the southwest of the petition area was rezoned to “C” Commercial in 2001 for retail, a restaurant, and financial institution. The property to the northwest was rezoned to “OB” Office Buffer, “CB” Community Business, and “MF2” Multi-family for: retail, restaurant, office, and multi-family housing. Portage Road is a major thoroughfare between the northern parts of the county and South Bend. It is two lanes at this location. The building will be serviced by municipal water and sanitary sewer. The petition area lies within a designated Commercial Growth area as stated in the St. Joseph County-South Bend Land Use Plan. This area is part of an expanding commercial node. Portage Road is an arterial that experiences residential commuter and commercial traffic throughout the day. The most desirable us e for this are is for commercial uses. With commercial zoning approved to the northwest, west, and southwest, rezoning this property will be consistent with the development that has occurred and is expected to occur in the area. This petition should not have negative impacts on the surrounding property values. As demand has increased for commercial services, it is responsible to allow for the expansion of the zoning, provided that it is done in an orderly fashion. This petition area will better serve the daily needs of the residents of the area and has no conflicts with the Comprehensive Plan. With the extensive landscape screening that is to be employed, there should not be any negative impacts on the surrounding property values. Based on information available prior to the public 9 REGULAR MEETINGMAY 23, 2005 hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Mr. Michael Danch, President, Danch, Harner & Associates, 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill on behalf of the petitioner Jo Ann Nucci. Mr. Danch advised that the petitioner is requesting the approval of an Annexation and Rezoning for her property at 52520 Portage Road, South Bend, Indiana. This rezoning is to allow for the construction of a Small Commercial Center facility with a drive-up window. This project site is located on the East side of Portage Road across from the Teachers Credit Union site. The proposed small commercial center facility will be compatible with the other commercial uses existing along this portion of Portage Road. 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 and set it for third reading on June 13, 2005. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 26-05 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT-OF-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 Councilmember Varner, Chairperson, Pubic Works and Property Vacation Committee, reported that this committee held a Pubic Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Doug Marsh, 200 Facilities Building, Notre Dame, Indiana, made the presentation for this bill. Mr. Marsh advised that the right-of-way to be vacated is located along the southern boundary of Lot #167, and consists of 566 square feet, and is to permit the construction of a limestone pier as a part of the University of Notre Dame’s new campus gateway. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Kate Adams, 813 E. Angela Boulevard, South Bend, Indiana, questioned how much if any of the intersection would be taken away? Mr. Marsh stated that there would be no change to size of the intersection. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kuspa made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. 10 REGULAR MEETINGMAY 23, 2005 BILL NO. 27-05 PUBLIC HEARING 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 Councilmember Puzzello, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. John Sellers, Community & Economic Development, Financial & Program Management, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Sellers advised that this bill would allow for the appropriation of Shelter Plus Care grant funds received by the City of South Bend and allocated to Madison Center, Gateway Apartments, Madison Center, Madison Apartments and Aids Ministries/Aids Assist. This being the time heretofore set for the Public Hearing on the above, bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 28-05 PUBLIC HEARING 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 Councilmember Puzzello, Chairperson, Community and Economic Development committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full council with a favorable recommendation. Mr. Kenneth Fedder, Attorney, 53600 N. Ironwood Drive, South Bend, Indiana, made the presentation for this bill. Mr. Fedder advised that this bill authorizes the issuance of Economic Development Revenue Bonds for construction of an airfreight terminal for Airborne Express/DHL. The 48,750 square foot airfreight facility is to be located at the Michiana Regional Airport. The principal amount of the bonds is not to exceed $2,200,000, and the interest rate is not to exceed 10.0% and the term of the bonds is not to exceed 12 years. The City bears no responsibility, financial or otherwise, with respect to the payment of, principal of and interest on the bonds. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. 11 REGULAR MEETINGMAY 23, 2005 There being no on present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember White made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 29-05 PUBLIC HEARING 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 Councilmember Kelly, Chairperson, Personnel and Finance Committee, reported that this committee met this afternoon and voted to send it to the full Council with a favorable recommendation. M. Catherine Fanello, City Controller, 1400 County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Fanello advised that the City of South Bend received funds in excess of its ad valorem property tax levy in 2004. Under these circumstances, Indiana law prescribes that the excess monies be deposited into a special Levy Excess Fund. The City of South Bend does not have such a fund within its accounts; therefore, this bill creates the requisite fund. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no on present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember White 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 8:00 p.m. Council President Charlotte D. Pfeifer presided with nine (9) members present. BILLS, THIRD READING 12 REGULAR MEETINGMAY 23, 2005 ORDINANCE NO. 9590-05 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, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; MARK J. HALASZ, 20800 KERN ROAD, SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9591-05 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT-OF-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 third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9592-05 AN ORDINANCE 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 third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9593-05 AN ORDINANCE 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 third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 13 REGULAR MEETINGMAY 23, 2005 ORDINANCE NO. 9594-05 AN ORDINANCE 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 third reading. Councilmember Rouse made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3463-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH 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. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as Lot 5 in the U.S. 31 Industrial Park, Phase II, South Bend, Indiana, and which is more particularly described as follows: A PART OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA: LOT 5, AS SAID LOT IS KNOWN AND DESIGNATED ON THE PRIMARY PLAT OF U.S. 31 INDUSTRIAL PARK, PHASE II, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1 INCH PIPE MARKING THE SOUTHWEST CORNER OF SAID SECTION 17, THENCE SOUTH 89 DEGREES 58’26” EAST, ON THE SOUTH LINE OF SAID SECTION 17, A DISTANCE OF 1303.60 FEET; THENCE NORTH ZERO DEGREES 12’42” WEST, ON THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 1526.61 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57’04” WEST, 649.13 FEET TO A 5/8 INCH BAR AND CAP; NORTHWESTERLY, ALONG A 380.00 FOOT RADIUS CURVE TO THE LEFT, AN ARC LENGTH OF 191.96 FEET (SUBTENDED BY A CHORD BEARING NORTH 23 DEGREES 19’13” WEST, A DISTANCE OF 189.93 FEET) TO A 5/8 INCH BAR AND CAP; THENCE NORTH 37 DEGREES 47’32” WEST, 103.76 FEET TO A 5/8 INCH BAR AND CAP; THENCE NORTHWESTERLY, ALONG A 320.00 RADIUS CURVE TO THE RIGHT, AN ARC LENGTH OF 209.62 FEET TO A 5/8 INCH BAR AND CAP; THENCE NORTH ZERO DEGREES 15’35” WEST, 684.55 FEET TO A 5/8 INCH BAR AND CAP ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 89 DEGREES 57’16” EAST, ON SAID NORTH LINE, 853.92 FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH ZERO DEGREES 12’42” EAST, ON THE EAST 14 REGULAR MEETINGMAY 23, 2005 LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 1135.48 FEET TO THE POINT OF BEGINNING. and which has Key Number 25-1009-015209, 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 Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12et 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 st Mr. Richard Deahl, Attorney, Barnes & Thornburg, LLP, 600 1 Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation for this Resolution. Mr. Deahl stated that the petitioner Stanz Cheese Co., is a full line food service distribution business, which serves customers within a 100-120 mile radius of South Bend. Stanz uses its warehouse and distribution facility to store dry and frozen goods to facilitate the transfer and delivery of such goods to customers throughout Northern Indiana and Southern Michigan. The Company plans to build a 100,000 square foot building on 19.58 acres in the US 31 Industrial park in the Airport Economic Development Area. The cost of the project will be $6,000,000 to $8,000,000. Mr. Mark Harman, President, Stanz Cheese Co., Inc. D/B/A Stanz Foodservice, Inc., stated that the current property is land locked and the company needs to expand to accommodate growth in its full line grocery warehouse and distribution business. 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 nine (9) ayes. 15 REGULAR MEETINGMAY 23, 2005 BILL NO. 05-60 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 A RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR FREDERICK WILLIAMS Councilmember White made a motion to continue this bill until the June 13, 2005 meeting of the Council, due to the lack of a presenter.Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3464-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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, 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 5635 Miami Street, South Bend, Indiana, and which is more particularly described as follows: . Lot 4 Ex 48.37 feet W end Morris Subdivision , 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, 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. 16 REGULAR MEETINGMAY 23, 2005 SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1- 25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member Common Council Mr. Ronald Peltz, 918 Autumn Lake Circle, South Bend, Indiana, made the presentation for this Resolution. 17 REGULAR MEETINGMAY 23, 2005 Mr. Peltz advised that he and his wife are planning to construct a new single-family home, 2,600 square feet. The home will consist of eight rooms, two and half baths, and an attached three car garage. The cost of the home will be $300,000. 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 Varner made a motion to adopt this resolution. Councilmember Rouse seconded the motion, which carried, and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3465-05 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 902 NOTRE DAME AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SCOTT AND JANET JESSUP 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 902 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: That part of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as Lot 1A of the Plat of st “Eliza M. Scott’s Subdivision 1 Replat” as recorded by Document No. 0515095 in the Records of the St. Joseph County, Indiana Recorder’s Office. , and this property has a Tax Key Number 18-5106-3750be 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: 18 REGULAR MEETINGMAY 23, 2005 The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1- 25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is 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. 19 REGULAR MEETINGMAY 23, 2005 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 reported that 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. Scott Jessup, 405 Peashway, South Bend, Indiana, made the presentation for this Resolution. Mr. Jessup advised that he and his wife are planning to construct a 3,700 square foot home with four (4) bedrooms and four (4) baths. The cost of the home will be approximately $450,000. 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 nine (9) ayes. RESOLUTION NO. 3466-05 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 914 NOTRE DAME AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CRAIG A. AND MARTA R. BRUMMELL 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 914 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: That part of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as Lot 2A of the Plat of st “Eliza M. Scott’s Subdivision 1 Replat” as recorded by Document No. 0515095 in the Records of the St. Joseph County, Indiana Recorder’s Office, and; , this property has a Tax Key Number 18-5106-3726be 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 20 REGULAR MEETINGMAY 23, 2005 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 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. 21 REGULAR MEETINGMAY 23, 2005 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 reported that 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. Craig Brummell, 52440 Wynbrook, South Bend, Indiana, made the presentation for this Resolution. Mr. Brummell advised that he and his wife are planning to build a 2,500 square foot two- story house. The home will have four (4) bedrooms, two and half baths, full basement, and an attached two-car garage. The cost of the home will be approximately $300,000. 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 Rouse 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. 3467-05 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 1227 WEST COLFAX AVE., 1008 WEST JEFFERSON BLVD., AND 1015 WEST JEFFERSON BLVD., AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION 22 REGULAR MEETINGMAY 23, 2005 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 1227 West Colfax Ave., 1008 West Jefferson Blvd., and 1015 West Jefferson Blvd.,South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 1227 W. Colfax Ave. Lot 81 Commissioner Sub 18-1044-1883 of BOL 79 1008 W. Jefferson Blvd. 49 feet north end except 8.27 feet east 18-3068-2648 side Lot 11 and 39.2 feet south end Lot 11 Wall and Hines Sub of BOL 90 1015 W. Jefferson Blvd. Lot 6 Wall and Hines Sub of BOL 9018-3068-2638 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: 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 Councils jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: 23 REGULAR MEETINGMAY 23, 2005 A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Puzzello reported that 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. Ms. Charlotte Sobel, Director of Real Estate Planning and Development, South Bend Heritage Foundation, 803 Lincolnway West, South Bend, Indiana, made the presentation for this Resolution. Ms. Sobel advised that South Bend Heritage Foundation is acting as the agent for Madison Center, which is the owner of the lots. The two lots will be combined and will be the site for the construction of a new affordable single-family home. Garden Homes 24 REGULAR MEETINGMAY 23, 2005 by E.L. will build the new home and sell it to Kristine Prock, an employee of Madison Center. The home will be 1,100 square feet and will have three bedrooms, one and half baths with a full basement and a two car attached garage. The new home will have architectural detailing compatible with the historic character of the neighborhood. The cost for the new home is estimated to be $105,000. 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 nine (9) ayes. RESOLUTION NO. 3468-05 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 715 AND 717 HILL STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION 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 715 and 717 Hill StreetSouth Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 715 Hill Street South ½ Lot 10 and 14 feet Vacant 18-5038-1368 Alley West and Adjacent Cedar Heights Addition 717 Hill Street North ½ Lot 10 and 14 feet Vacant 18-5038-1367 Alley West and Adjacent Cedar Heights Addition 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: 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. 25 REGULAR MEETINGMAY 23, 2005 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 Councils jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby 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 26 REGULAR MEETINGMAY 23, 2005 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 reported that 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. Ms. Charlotte Sobel, Director of Real Estate Planning and Development, South Bend Heritage Foundation, 803 Lincolnway West, South Bend, Indiana, made the presentation for this Resolution. Ms. Sobel advised that South Bend Heritage Foundation, will sell the lots to Habitat for Humanity of St. Joseph County. Habitat will construct three new homes on the above listed lots and be sold to Habitat families who will be first time homeowners. The homes will range in size from 1,000 to 1,200 square feet and will have three bedrooms, one bath on a crawlspace with a one car attached garage. The average cost for each new home is estimated to be $78,500 making the total project cost approximately $235,500. These homes will complete the new center city subdivision of 20 single-family homes. 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. BILLS – FIRST READING BILL NO. 30-05 FIRST READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 14, ARTICLE 2, SECTION 14-8 OF THE SOUTH BEND MUNICIPAL CODE TO CLARIFY EXCEPTIONS TO CURFEW VIOLATIONS This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on June 13, 2005. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 31-05 FIRST READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, COMMON COUNCIL APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE ADDENDUM FOR THE CONSTRUCTION OF AN ADDITION TO THE O’BRIEN RECREATION CENTER AND REGARDING CERTAIN RELATED MATTERS 27 REGULAR MEETINGMAY 23, 2005 This bill had first reading. Councilmember Varner made a motion to refer this bill to the PARC Committee (Parks, Recreation, Cultural Arts & Entertainment) 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 nine (9) ayes. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS Councilmember Pfeifer stated that she is the Council Representative to the Project Future Board and at the last meeting topics discussed were the auto industry, Metro Net and Tech Park and the challenging times ahead. Councilmember Rouse stated that he is the Council Representative to the Downtown South Bend Board. He advised that the meeting was well attended and the board is moving forward to revitalizing the downtown area. B. MISCELLANEOUS There was no miscellaneous new business to come before the Council at this time. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION COMMENTS CONCERNING THE AMENDMENT TO ARTICLE 9 OF THE HUMAN RIGHTS ORDINANCE Day Bryant, 215 N. Scott, South Bend, Indiana, advised that he supports amendment to Article 9 of the South Bend Human Rights Commission Ordinance, making it illegal to discriminate on the basis of sexual orientation or gender identity against persons in areas of employment, housing, education or public accommodation. Mr. Bryant stated that reasons based not only on justice and equality, but also on support of diversity in the marketplace as stated by leading corporate entitites such as Eastmont Kodak, Xerox Corp., IBM, Lucent Technologies, American Airlines, Apple Computer, Nike, and Intel Corp. These statements are available upon request. Many American Businesses see the value of diversity, and the injustice of intolerance. Mr. Bryant encouraged that all must be done to eliminate intolerance and promote true equality. Rhonda Redman, 518 N. Scott Street, Apt. A, South Bend, Indiana, advised that the Near Northwest Neighborhood Association support the amendment to Article 9 of the Human Rights Commission Ordinance, making it illegal to discriminate based on sexual orientation or gender identity in areas of employment, housing, education, and public accommodation. Ms. Redman stated that the Near Northwest Neighborhood, Inc. was formed to improve the physical, social and economic environment of the near northwest section of the City of South Bend. We believe that discrimination works against these goals, alienating segments of our community, limiting optimal neighborhood development, and making it more difficult to foster residential areas that are diverse and inclusive. Many of the neighbors in the area are lesbian, gay or transgendered. The vast majority of the residents are concerned about their streets, houses, and fellow neighbors. Good neighbors, regardless of their sexual orientation or gender identity, are good for neighborhoods and good for the city. The thought that these involved citizens could lose their homes because of factors unrelated to their actions as tenants or homeowners is unfair to individuals and opposes the mission of organizations like ours to cultivate respect and healthy, integrated communities. The Near Northwest Neighborhood, Inc. Board of Directors knows the challenges of building up neighborhoods. This amendment is related to that effort, making the town more welcoming, more fair, and better positioned to value the efforts and contributions of all of our citizens. The Near Northwest Neighborhood, Inc. Board of Directors urged serious consideration to this change, and look forward to continuing our work with good neighbors of all kinds. 28 REGULAR MEETINGMAY 23, 2005 COMMENTS CONCERNING THE ST. JOSEPH COUNTY PREVAILING WAGE ORDINANCE Mr. Michael Compton, 232 Stanley Street, Mishawaka, Indiana, spoke regarding the support of the prevailing wage ordinance. Mr. Compton asked the Councilmember’s to attend the St. Joseph County Council Meeting, May 24, 2005 and support the prevailing wage ordinance. B. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING There were no topics assigned at the prior Council meeting. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:35 p.m. ATTEST: ATTEST: __________________________ __________________________ John Voorde, City Clerk Charlotte D. Pfeifer, President 29