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HomeMy WebLinkAbout06-13-05 Council Meeting Minutes REGULAR MEETINGJUNE 13, 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, June 16, 2005 at 7:00 p.m. The meeting was called to order by Council President Charlotte D. Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Derek D. Dieter 1 District nd Charlotte Pfeifer 2 District President rd Roland Kelly 3 District Chairperson, Committee of the Whole th Ann Puzzello 4 District th David Varner 5 District th Ervin Kuspa 6 District Timothy Rouse At-Large Karen L. White At-Large Vice-President Absent: Al “Buddy” Kirsits At-Large OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the May 23, 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 White made a motion that the minutes of the May 23, 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. 3469-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING ELMER CARR FOR HIS MORE THAN TWENTY-FIVE (25) YEARS OF FAITHFUL AND DILIGENT SERVICE ON THE CITY’S BOARD OF PUBLIC SAFETY Whereas, the Common Council of the City of South Bend, Indiana, is especially proud to recognize that ELMER CARR was initially appointed to serve on the Board of Public Safety by Mayor Roger O. Parent in 1980 & continued his service under Mayors Kernan & Luecke; and Whereas, the Common Council notes that as a member of the Board of Public Safety, Mr. Carr was charged with overseeing many important and vital aspects of public safety in our city which included such duties & responsibilities as overseeing the South Bend Police Department & the South Bend Fire Department; hiring new firefighters & police officers; adopting Duty Manuals; adopting special & general orders as recommended by the Police & Fire Chiefs; holding disciplinary hearings; reviewing monthly statistics from the Police& Fire Departments; hearing requests for promotions, 1 REGULAR MEETINGJUNE 13, 2005 administrative leaves, & retirements; & reviewing written fiscal plans for areas proposed to be annexed into the South Bend city limits; and Whereas. the Council recognizes that during his more than 25 years of distinguished service ELMER CARR participated in 547 Board of Public Safety meetings and countless Executive Sessions; served as President of the Board for many years; and that during his tenure 256 public safety officers were sworn in by City Clerks Irene Gammon, Loretta Duda and John Voorde at the various Board of Public Safety meetings; while his highest yearly salary for performing these many important civic and public safety duties on the Board was $3,400. 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 ELMER CARR for his more than twenty-five (25) years of faithful and very dedicated service as a member of the City’s Board of Public Safety. Section II. The South Bend Common Council notes with pride that ELMER CARR is a shining example of a South Bend resident who has sincerely dedicated his life to public service. Section III. The Council wishes ELMER CARR many years of continued good THANKS fortune and sincerely him for his sincere commitment to public safety. The Council believes that ELMER CARR will be long remembered for his keen insights, caring attitude, ready smile and fairness in carrying out the many duties and responsibilities entrusted to him as a member of the Board of Public Safety; a person who truly has made a difference. Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/Timothy A. Rouse, At Large rd s/Roland Kelly, 3 District s/Al “Buddy” Kirsits, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/Kathleen Cekanski-Farrand, Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor BILL NO. 04-81 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, STEVE AND JEAN COOREMAN ANNEXATION AREA Councilmember Varner made a motion to continue this bill until the July 11, 2005 meeting of the Council, at the request of the petitioner. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. COUNCIL DISTRICT UPDATES – AT-LARGE COUNCILMEMBER TIMOTHY A. ROUSE Councilmember Rouse stated that he has been on the Council for 6 months. He spent the first two weeks meeting with several directors and department heads. Each one was informative and helpful. Each articulated a willingness to respond to any questions 2 REGULAR MEETINGJUNE 13, 2005 and/or inquiries in the future. The Council Attorney Kathleen Cekanski-Farrand was especially helpful as she prepared the South Bend Common Council “Public Officials Survival Manual.” Councilmember Rouse stated that he has been assigned to Chair the Committee of Residential Neighborhoods. This Committee did not meet in 2004 and met 4 times in 2003 in joint sessions with the Health and Public Safety Committee. Councilmember Rouse stated that he has been reviewing the minutes and plans to call a meeting soon. He also serves on the Downtown South Bend Board, the Neighborhood Resource Committee, and the Waste Management Board. All three of the boards seem to be functioning well and display good leadership. Councilmember Rouse thanked all eight (8) of his fellow Common Council Members and stated that each has been cordial and he looks forward to a continued working relationship. As he viewed South Bend from an at-large perspective, he sees much good and diverse work in progress. This is a good thing as the city must exert its resources and energy on the whole city. Work is progressing in the Studebaker Corridor, Lincoln Way West Corridor near the South Bend Regional Airport, Erskine Village, Erskine Commons and the Northeast Neighborhood. Councilmember Rouse stated that South Bend has not had a comprehensive plan for over 40 years. Mayor Luecke has commissioned the Civic Alliance and the Department of Community and Economic Development through the “City Plan” to plan for the future. One of the tasks of the City Plan is to issue periodic “Current Conditions Report” (CCR) the report for 2004-2005 has been issued and a copy is on file in the Clerk’s Office. Councilmember Rouse pointed out a couple areas that he is very concerned about along with the status of the Commission on the Social Status of Black Males, that has not met in over two years, are a particular concern to him as to how they, in their dysfunctional state impact on the rate of homicides. Councilmember Rouse mentions this primarily to focus of the importance of the City Plan and work being supported and encouraged to continue in a timely fashion and the man in the mirror midset. Councilmember Rouse stated that as a representative for the entire City of South Bend, he will continue to keep these issues before him and what better media than the CCR. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:23 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 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 BILL NO. 28-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; STEVE & JEAN COOREMAN, 21300 BLOCK OF CLEVELAND ROAD & 52804 LYNNEWOOD AVENUE, SOUTH BEND, INDIANA Councilmember Dieter made a motion to continue this bill until the July 11, 2005 meeting of the Council at the request of the petitioner. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. 3 REGULAR MEETINGJUNE 13, 2005 BILL NO. 30-05 PUBLIC HEARING 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 Councilmember Kuspa 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. Councilmember White, Chairperson, Health and Public Safety Committee, reported that this committee met this afternoon on this substitute version of this bill and sends it to the Council with a favorable recommendation. Ms. Aladean DeRose, Chief Assistant City Attorney, 1400 County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. DeRose advised that the difference between the ordinance as originally submitted and this substitute is at subsection (c) of Municipal Code §14-8. The new language clarifies that a minor who participates in an activity at the direction of a parent, guardian or custodian must have in his/her possession an actual writing signed by the appropriate adult which directs the minor to participate in such an activity. This reduces the risk of false claims about adult permission. Ms. DeRose further advised that within the last year a federal court invalidated Indiana’s criminal curfew ordinance on constitutional grounds, holding that it violated parental rights to control the upbringing of a child. The Indiana General Assembly proposed an amendment to cure the constitutional defect in the Indiana Criminal law, but due to more pressing issues, did not pass the legislation. Ms. DeRose stated that it is the legal department’s opinion that civil penalties for curfew violations are not subject to the same constitutional scrutiny as criminal penalties. Nonetheless, in the interest of parents within the City, we propose to amend South Bend’s curfew ordinance to exempt from curfew regulation those minors who are participating in an activity for which they have written parental permission. This language is identical to that proposed by the General Assembly in its last session. The attached ordinance also makes a gender change in language and adds another exception included in the state criminal law for minors who are passing through Indiana for other state or international destinations. Police Chief Thomas Fautz, 701 W. Sample Street, South Bend, Indiana, advised that the South Bend Police Department believes that the City’s civil curfew laws are an effective tool in curtailing crime by minors and protecting minors from crime victimization. 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 White 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 (8) ayes. RECONSIDERATION OF BILL NO. 30-05 At this time Councilmember Rouse made a motion that the Council give consideration to Bill No. 30-05 due to an error found in the bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Council Attorney Kathleen Cekanski-Farrand advised that in Section I (d) (4) to strike the period and add a semicolon and the word or. Councilmember Varner made a motion to amend substitute Bill No. 30-05. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. 4 REGULAR MEETINGJUNE 13, 2005 Councilmember Varner made a motion for favorable recommendation to full Council concerning this substituted bill as amended. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 31-05 PUBLIC HEARING 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 Councilmember Dieter made a motion to consider the substitute version of this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dieter, Chairperson, Parks, Recreation, Cultural Arts & Entertainment Committee, reported that this committee met this afternoon on this substitute version of this bill and sends it to the Council with a favorable recommendation. Mr. Phil St. Clair, Superintendent, South Bend Park Department, 321 E. Walter Street, South Bend, Indiana made the presentation for this bill. Mr. St. Clair advised that this bill authorizes and approves an Addendum to the Lease between the City and The South Bend Building Corporation (Building Corporation) for the O’Brien Recreation Center (The Building). The original lease was dated August , 1999 and amended December 15, 1999. The purpose of the proposed addendum is to increase the lease rentals payable, and thereby allow for certain necessary improvements to The Building which will be financed by the non-profit Building Corporation through lease revenue bonds in a sum not to exceed $920,000. The improvements include construction of an addition to The Building to be used as a fitness center. This construction project will substantially enhance the Park Department’s services to South Bend’s citizens. 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 as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Kuspa 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. ATTEST: ATTEST: __________________________ _______________________ John Voorde, City Clerk Roland Kelly, Chairperson, Committee of the Whole REGULAR MEETING RECONVENED 5 REGULAR MEETINGJUNE 13, 2005 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 7:44 p.m. Council President Charlotte D. Pfeifer presided with eight (8) members present. BILLS, THIRD READING ORDINANCE NO. 9595-05 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 PROPERTY LOCATED IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH, COUNCILMANIC DISTRICT #1, JO ANN NUCCI, 52520 PORTAGE ROAD, 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. A MOTION TO RECONSIDER Councilmember Rouse made a motion to reconsider this bill. It was determined that this bill had been substituted. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dieter made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9596-05 AN ORDINANCE 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 third reading. Councilmember Dieter made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Varner made a motion to pass this bill as substituted. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9597-05 AN ORDINANCE 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 This bill had third reading. Councilmember Rouse 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 Varner made a motion to pass this bill as substituted. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 6 REGULAR MEETINGJUNE 13, 2005 RESOLUTIONS BILL NO. 05-66 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 744 SOUTH MAIN STREET, SOUTH BEND, INDIANA Mr. Charles Bulot, Assistant Zoning Administrator, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, gave the report from the Board of Zoning Appeals. Mr. Bulot advised that the petitioners Catholic Worker of Michiana are seeking a Special Exception to allow for food distribution in “LI” Light Industrial, on property located at 744 S. Main Street. The Board of Zoning Appeals held a public hearing on May 19, 2005 and sends this petitioner to the Common Council with a favorable recommendation. Mr. Andrew Nemeth, 922 E. Jefferson Blvd., South Bend, Indiana, asked to continue this bill until the June 27, 2005 meeting of the Council. Councilmember Varner made a motion to continue this bill until the June 27, 2005 meeting of the Council at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3470-05 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, 606 WEST CALVERT STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR FREDERICK WILLIAMS 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 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, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and 7 REGULAR MEETINGJUNE 13, 2005 WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1- 25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. 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 8 REGULAR MEETINGJUNE 13, 2005 further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Mr. Frederick Williams, 2228 N. Elmer, South Bend, Indiana, made the presentation for this bill. Mr. Williams advised that he will construct four new homes on the above identified addresses. The homes will be 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 with an estimated market value of $89,000 making the total project cost approximately $268,000. 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 Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3471-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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, 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 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, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and 9 REGULAR MEETINGJUNE 13, 2005 WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1- 25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. 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 10 REGULAR MEETINGJUNE 13, 2005 further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Mr. Scott Jessup, 405 Peashway, South Bend, Indiana, made the presentation for this bill. Mr. Jessup stated that he and his wife Janet are planning to construct a new home with approximately 3,700 square feet, with four (4) bedrooms and four (4) baths. The cost of the home is estimated to be $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 Varner made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3472-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 914 NOTRE DAME AVENUE AS A RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CRAIG A. AND MARTA R. BRUMMELL 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 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, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. 11 REGULAR MEETINGJUNE 13, 2005 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby 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 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. 12 REGULAR MEETINGJUNE 13, 2005 s/Charlotte D. Pfeifer Member of the Common Council Mr. Craig Brummell, 52440 Wynbrooke Ct., Granger, Indiana, made the presentation for this bill. Mr. Brummell advised that he and his wife are planning to construct a new home with approximately 2,500 square feet. The home will be a two-story, four (4) bedrooms, two and a half baths, full basement, and an attached two (2) 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 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. RESOLUTION NO. 3473-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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. RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION 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 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; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. 13 REGULAR MEETINGJUNE 13, 2005 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby 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: 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 14 REGULAR MEETINGJUNE 13, 2005 Member of the Common Council Ms. Charlotte Sobel, Director of Real Estate Planning and Development, 803 Lincolnway West, South Bend, Indiana, made the presentation for this bill. Ms. Sobel advised that South Bend Heritage will sell the above mentioned lots to Habitat for Humanity of St. Joseph County. Habitat will construct three new homes on the 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 White made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3474-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 715 AND 717 HILL STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION 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 715 and 717 Hill Street, South 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; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 15 REGULAR MEETINGJUNE 13, 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 Councils jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer 16 REGULAR MEETINGJUNE 13, 2005 Member of the Common Council Ms. Charlotte Sobel, Director of Real Estate Planning and Development, 803 Lincolnway West, South Bend, Indiana, made the presentation for this bill. 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 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 Dieter 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 eight (8) ayes. RESOLUTION NO. 3475-05 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 LOTS NUMBERED 9 THROUGH 28, 46 THROUGH 58, 69 THROUGH 78, 80 AND 81, STAFFORDSHIRE ESTATES SUBDIVISION, SECTION TWO AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC 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 Staffordshire Estates Subdivision, Section Two, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 2325 Harwood St. Lot 9 Staffordshire Estates, Section 2 26-1035-058942 2333 Harwood St. Lot 10 Staffordshire Estates, Section 2 26-1035-058943 2341 Harwood St. Lot 11 Staffordshire Estates, Section 2 26-1035-058944 2349 Harwood St. Lot 12 Staffordshire Estates, Section 2 26-1035-058945 2411 Harwood St. Lot 13 Staffordshire Estates, Section 2 26-1035-058946 2419 Harwood St. Lot 14 Staffordshire Estates, Section 2 26-1035-058947 2427 Harwood St. Lot 15 Staffordshire Estates, Section 2 26-1035-058948 5120 Essington St. Lot 16 Staffordshire Estates, Section 2 26-1035-058949 5218 Essington St. Lot 17 Staffordshire Estates, Section 2 26-1035-058950 5136 Essington St. Lot 18 Staffordshire Estates, Section 2 26-1035-058951 5212 Essington St. Lot 19 Staffordshire Estates, Section 2 26-1035-058952 5220 Essington St. Lot 20 Staffordshire Estates, Section 2 26-1035-058953 5228 Essington St. Lot 21 Staffordshire Estates, Section 2 26-1035-058954 2434 Cranston St. Lot 22 Staffordshire Estates, Section 2 26-1035-058955 2426 Cranston St. Lot 23 Staffordshire Estates, Section 2 26-1035-058956 2418 Cranston St. Lot 24 Staffordshire Estates, Section 2 26-1035-058957 2410 Cranston St. Lot 25 Staffordshire Estates, Section 2 26-1035-058958 2348 Cranston St. Lot 26 Staffordshire Estates, Section 2 26-1035-058959 2340 Cranston St. Lot 27 Staffordshire Estates, Section 2 26-1035-058960 2322 Cranston St. Lot 28 Staffordshire Estates, Section 2 26-1035-058961 17 REGULAR MEETINGJUNE 13, 2005 2333 Cranston St. Lot 46 Staffordshire Estates, Section 2 26-1035-058962 2341 Cranston St. Lot 47 Staffordshire Estates, Section 2 26-1035-058963 2349 Cranston St. Lot 48 Staffordshire Estates, Section 2 26-1035-058964 2411 Cranston St. Lot 49 Staffordshire Estates, Section 2 26-1035-058965 2419 Cranston St. Lot 50 Staffordshire Estates, Section 2 26-1035-058966 2427 Cranston St. Lot 51 Staffordshire Estates, Section 2 26-1035-058967 Or 5210 Essington St. 5211 Essington St. Lot 52 Staffordshire Estates, Section 2 26-1035-058968 Or 2428 Cheshire Dr. 2420 Cheshire Dr. Lot 53 Staffordshire Estates, Section 2 26-1035-058969 2412 Cheshire Dr. Lot 54 Staffordshire Estates, Section 2 26-1035-058970 2350 Cheshire Dr. Lot 55 Staffordshire Estates, Section 2 26-1035-058971 2342 Cheshire Dr. Lot 56 Staffordshire Estates, Section 2 26-1035-058972 2334 Cheshire Dr. Lot 57 Staffordshire Estates, Section 2 26-1035-058973 2326 Cheshire Dr. Lot 58 Staffordshire Estates, Section 2 26-1035-058974 2333 Cheshire Dr. Lot 69 Staffordshire Estates, Section 2 26-1035-058976 2341 Cheshire Dr. Lot 70 Staffordshire Estates, Section 2 26-1035-058977 2349 Cheshire Dr. Lot 71 Staffordshire Estates, Section 2 26-1035-058978 2411 Cheshire Dr. Lot 72 Staffordshire Estates, Section 2 26-1035-058979 2419 Cheshire Dr. Lot 73 Staffordshire Estates, Section 2 26-1035-058980 2427 Cheshire Dr. Lot 74 Staffordshire Estates, Section 2 26-1035-058981 Or 5135 Essington Dr. 5127 Essington Dr. Lot 75 Staffordshire Estates, Section 2 26-1035-058982 Or 2428 Harwood Dr. 2420 Harwood Dr. Lot 76 Staffordshire Estates, Section 2 26-1035-058983 2412 Harwood Dr. Lot 77 Staffordshire Estates, Section 2 26-1035-058984 2350 Harwood Dr. Lot 78 Staffordshire Estates, Section 2 26-1035-058985 2334 Harwood Dr. Lot 80 Staffordshire Estates, Section 2 26-1035-058987 2326 Harwood Dr. Lot 81 Staffordshire Estates, Section 2 26-1035-058988 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, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: 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 18 REGULAR MEETINGJUNE 13, 2005 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. 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. 19 REGULAR MEETINGJUNE 13, 2005 s/Charlotte D. Pfeifer Member of the Common Council Councilmember Puzzello, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Derek Spier, Abonmarch Consultants, LLC., 750 Lincoln Way East, South Bend, Indiana, made the presentation for this bill on behalf of Tampico Developments, LLC, the owners. Mr. Spier advised that this is the second phase of the Staffordshire development project, and will develop forty-five (45) lots. The total development will eventually contain four hundred and sixty (46) homes. The development will include one retention area, 2,069 feet of new roadway and the associated public and private utilities. The property was recently annexed into the City of south Bend. The homes will be stick-built, single family homes approximately 1,300 to 1,800 square feet. The homes will be constructed by Weiss Homes, Inc. The average cost of homes within this development is expected to be $135,489 with a total value for this phase of $6,097,000. 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 White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3476-05 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 LOTS NUMBERED 225 THROUGH 235, LAFAYETTE FALLS SUBDIVISION, SECTION THREE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP 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 20000-21000 Block (South Side) of Kern Road, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 1014 Cary Court Lot 225 La Fayette Falls, Section 3 01-1002-002297 1006 Cary Court Lot 226 La Fayette Falls, Section 3 01-1002-002298 930 Cary Court Lot 227 La Fayette Falls, Section 3 01-1002-002299 920 Cary Court Lot 228 La Fayette Falls, Section 3 01-1002-002300 912 Cary Court Lot 229 La Fayette Falls, Section 3 01-1002-002301 902 Cary Court Lot 230 La Fayette Falls, Section 3 01-1002-002302 905 Cary Court Lot 231 La Fayette Falls, Section 3 01-1002-002303 915 Cary Court Lot 232 La Fayette Falls, Section 3 01-1002-002304 923 Cary Court Lot 233 La Fayette Falls, Section 3 01-1002-002305 931 Cary Court Lot 234 La Fayette Falls, Section 3 01-1002-002306 939 Cary Court Lot 235 La Fayette Falls, Section 3 01-1002-002307 20 REGULAR MEETINGJUNE 13, 2005 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 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. 21 REGULAR MEETINGJUNE 13, 2005 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, 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. Derek Spier, Abonmarch Consultants, LLC., 750 Lincoln Way East, South Bend, Indiana, made the presentation for this bill on behalf of Kendall-Weiss, LLC, the owners. Mr. Spier advised that this is the third phase of the project. It will develop eleven (11) lots of a total development that will eventually contain two hundred sixty-six (266) homes on 116.206 acres on the south side of Kern Road. The development will include 4 ponds, a meandering steam and a waterfall. The property was recently annexed into the City of South Bend. The homes will be stick-built, single family homes approximately 1,800 to 2,000 square feet. The homes will be constructed by Weiss Homes, Inc. The average cost of homes within this development is expected to be $129,048 with a total value for this phase of $1,420,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Puzzello made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 22 REGULAR MEETINGJUNE 13, 2005 RESOLUTION NO. 3477-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE ADVISORY CITY NEGOTIATING TEAM FOR THE 2005 FIRE AND POLICE DEPARTMENTS NEGOTIATIONS Indiana Code Whereas, pursuant to § 36-8-3-3(d), the Common Council has the mandatory duty and exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Fire Department and the South Bend Police Department th Indiana Code before September 20; and the Council has further authority under § 36-8- Indiana Code 4-4 addressing compensation matters and authority under § 36-4-7-3(b) to th approve compensation for appointive officers of these departments before September 30 as interpreted by the Indiana Appellate Courts; and Whereas, the Board of Public Safety has the “exclusive control over all matters and property relating” to the Fire Department and the Police Department pursuant to Indiana Code § 36-8-3-2(b)(2); and Whereas, the Common Council and the City Administration have determined that a unified effort would be in the City of South Bend’s best interests when addressing, through the negotiating process such items as annual compensation, specialty pays, monetary fringe benefits, working conditions, and items related to the South Bend Police Department; and that the Common Council has the responsibility of addressing the annual compensation items addressed in ordinance form for the South Bend Fire Department, noting that the Board of Public Safety approved a 2005-2008 Collective Bargaining Agreement addressing working conditions; and Whereas, the City’s Board of Public Safety adopted Resolution No. 36-2005 on May 11, 2005 which appointed Charles S. Leone as the Board’s Agent and Chief Negotiator for the upcoming labor negotiations with the Fraternal Order of Police Lodge No. 36, who will represent the South Bend Police Department on all non-compensation matters addressed in their Working Agreement which is set for expire on December 31, 2005; and Whereas, this resolution will formally appoint attorney Kathleen Cekanski- Farrand as the South Bend Common Council’s Agent and Chief Negotiator on all matters of compensation for the upcoming labor negotiations with the Fraternal Order of Police Lodge No. 36 who will represent the South Bend Police Department and the upcoming labor negotiations with the South Bend Firefighters’ Association Local No. 362 of the International Association of Firefighters AFL-CIO who will represent the South Bend Fire Department; and she will carry out the negotiations pursuant to the letter of engagement signed by attorney Kathleen Cekanski-Farrand; and Whereas, the Common Council is mindful of past successes where a Chief Negotiator representing their interests would appoint her own advisory City Negotiating Team which will represent each body and which will provide and receive updates during executive sessions called for the exclusive purpose of discussing strategy with regard to Indiana Code collective bargaining pursuant to § 5-14-1.5-6.1(b)(2)(A); and Whereas, the advisory City Negotiating Team shall not be considered a Indiana Code “governing body” or “public agency” under § 5-14-1.5-2; and Whereas, the City of South Bend, Indiana has received correspondence from the South Bend Firefighters’ Association Local No. 362 of the International Association of Firefighters AFL-CIO and the Fraternal Order of Police, Lodge No. 36 expressing their respective desires to enter into labor negotiations; and 23 REGULAR MEETINGJUNE 13, 2005 Whereas, the South Bend Common Council and the City of South Bend Administration believe that this Resolution is in the best interests of promoting positive and harmonious labor negotiations. Now, Therefore, be it resolved , by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, after consultation and meetings with the Mayor Stephen J. Luecke, the Police and Fire Chiefs, and the Board of Public Safety hereby appoints Kathleen Cekanski-Farrand, a local attorney, as its Agent for the upcoming labor negotiations with Fire Negotiating Team representing the South Bend Firefighters’ Association Local No. 362 of the International Association of Firefighters AFL-CIO, and the Police Negotiating Team representing Fraternal Order of Police, Lodge No. 36. Mrs. Cekanski-Farrand shall be the Council’s Chief Spokesperson and Negotiator concerning all matters related to annual compensation, specialty pays, monetary fringe benefits and other items regularly addressed in the salary ordinances respective to each department. Section II. Mrs. Cekanski-Farrand shall coordinate matters of strategy, negotiation times, scheduling of executive sessions, advisory team membership, and other matters pertaining to negotiations with Charles S. Leone, who was appointed as the Lead Negotiator by the Board of Public Safety for Police Department collective bargaining agreement matters in Board Resolution No. 36-2005. Section III. The City Clerk shall send a copy of this Resolution to the Mayor, the Fire Chief, the Police Chief and the Clerk to the Board of Public Safety; as soon as practicable after the Council’s formal adoption. Section IV. This resolution shall be in full force and effect from and after its adoption by the Common 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/Timothy A. Rouse, At Large rd s/Roland Kelly, 3 District s/Al “Buddy” Kirsits, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District Attest: s/John Voorde, City Clerk Presented to by me to the Mayor of the City of South Bend, Indiana, on th the 14 day of June, 2005 , at 1:30 o’clock p. m. s/Janice Talboom, Deputy City Clerk Approved and signed by me on the 15th day of June, 2005, at 11:30 o’clock a. m. s/Stephen J. Luecke, Mayor City of South Bend, Indiana Councilmember Karen White, Chairperson, Health and Public Safety Committee, reported that this committee met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. A Public Hearing was held on the Resolution at this time. 24 REGULAR MEETINGJUNE 13, 2005 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 White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS, FIRST READING BILL NO. 32-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLE 2, SECTIONS 16-6 AND 16-8 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR LEASE OF REFUSE CONTAINERS FROM THE CITY, ADJUSTMENTS TO RATES, AND PROCEDURES FOR USE OF REFUSE CONTAINERS This bill had first reading. Councilmember Varner made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on June 27, 2005. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 33-05 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1116 MISHAWAKA AVENUE, COUNCILMANIC DISTRICT 3, IN CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 34-05 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3400 BLOCK OF NORTHSIDE BOULEVARD, SOUTH BEND, INDIANA 46615, COUNCILMANIC DISTRICT #3, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 35-05 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 2100 BLOCK OF EDISON ROAD & OAK PARK DRIVE AND 1345 & 1357 NORTH IRONWOOD DRIVE, SOUTH BEND, INDIANA 46615, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 25 REGULAR MEETINGJUNE 13, 2005 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 36-05 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF THE NORTH SIDE OF EAST DOUGLAS ROAD, SOUTH BEND, INDIANA 46635, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 37-05 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF THE SOUTH SIDE OF EAST DOUGLAS ROAD, SOUTH BEND, INDIANA 46635, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 38-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING AN ADDITIONAL $679,400 FROM PARKS AND RECREATION FUND #201 FOR CAPITAL EXPENDITURES DUE TO DELAY IN RECEIPT OF 2004 TAX REVENUES This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Parcs Committee and set it for Public Hearing and Third Reading on June 27, 2005. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 39-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NO TO EXCEED FOUR MILLION SEVEN HUNDRED TEN THOUSAND DOLLARS ($4,710,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH 26 REGULAR MEETINGJUNE 13, 2005 This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on June 27, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS A. UPDATES FROM COUNCILMEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS Councilmember’s White and Kelly advised that they are members of the Urban Enterprise Zone Board. The stated that they met two weeks ago and voted on the lease agreement of the Sample Business Complex and the sale of land to Meal on Wheels. B. MISCELLANEOUS There was no miscellaneous business to come before the Council at this time. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION COMMENTS FROM MS. PAMELA TANBER CONCERNING HOW MANY TIMES AN ITEM CAN BE PETITIONED BEFORE THE COMMON COUNCIL Pamela Tanber, 3214 Northside Blvd., South Bend, Indiana, questioned how many times can a petitioner bring a topic before the Council. COMMENTS CONCERNING AN AMENDMENT TO ARTICLE 9 OF THE HUMAN RIGHTS ORDINANCE Hank Mascotte, 17989 Edgewood Walk, South Bend, Indiana, read into the record a letter from Thomas M. Lower, Senior Vice President & Senior Trust Administrator, Wells Fargo, 112 West Jefferson Blvd., South Bend, Indiana. May 31, 2005 Dear Members of the South Bend Common Council: I support an amendment to Article 9 of the Human Rights Ordinance which would make it illegal to discriminate against people based upon their sexual orientation or gender identity in the areas of employment, housing, education, and public accommodations. I believe that this amendment is sensible public policy, is in our city’s best economic interests, and will help south Bend to create a more competitive and productive economy. For your information, I am enclosing a portion of the Wells Fargo Policy Manual having to do with our corporate policy with regards to recruiting, hiring and promoting team members. Sincerely yours, Thomas M. Lower Senior Vice President & Senior trust Administrator Enclosure 27 REGULAR MEETINGJUNE 13, 2005 (The enclosure is on file with the Office of the City Clerk) Martha Carroll, 638 E. Ewing, South Bend, Indiana, stated that she is in favor of an amendment to Article 9 of the Human Rights Ordinance which would make it illegal to discriminate against people based upon their sexual orientation or gender identity in the areas of employment, housing, education and public accommodations. Brad Lauer, 748 Allen, South Bend, Indiana, spoke regarding an amendment to Article 9 of the Human Rights Ordinance. Mr. Lauer stated that he is a member of the American Friends Service Committee and that the committee is in favor of making it illegal to discriminate against people based upon their sexual orientation or gender identity in areas of employment, housing education, and public accommodations. Monica Tetzlaff, 1232 Longfellow, South Bend, Indiana, advised that she believes in equality for all people and strongly urged for the amendment to Article 9 of the Human Rights Ordinance which would make it illegal to discriminate against people based upon their sexual orientation or gender identity in the areas of employment, housing, education, and public accommodations. B. UPDATE FROM COUNCILMEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING There were no updates from Councilmember’s who were assigned a topic from the prior Council Meeting ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:30 p.m. ATTEST: ATTEST: __________________________ __________________________ John Voorde, City Clerk Charlotte D. Pfeifer, President 28