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HomeMy WebLinkAbout08-22-05 Council Meeting Minutes REGULAR MEETINGAUGUST 22, 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, August 2, 2005 at 7:00 p.m. The meeting was called to order by Council President Charlotte D. Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Derek D. Dieter 1 District nd Charlotte Pfeifer 2 District President rd Roland Kelly 3 District Chairperson, Committee of the Whole th Ann Puzzello 4 District th David Varner 5 District th Ervin Kuspa 6 District Timothy Rouse At-Large Al “Buddy” Kirsits At-Large Absent: Karen L. White At-Large Vice-President OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the August 8, 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 August 8, 2005, meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS There was no Special Business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 p.m., Councilmember Kuspa made a motion to resolve into the Committee of the Whole. Councilmember Kelly 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 1 REGULAR MEETINGAUGUST 22, 2005 BILL NO. 46-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING THE SOUTH BEND MUNICIPAL CODE, CHAPTER 2, ARTICLE 8, CONCERNING OFFICER AND EMPLOYEE VACATIONS AND OTHER BENEFITS Councilmember Puzzello made a motion to continue this bill until the September 12, 2005 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Kirsits made a motion to rise and report to the full Council. Councilmember Puzzello 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 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 7:11 p.m. Council President Pfeifer presided with eight (8) members present. BILLS, THIRD READING RESOLUTION BILL NO. 05-102 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3230 TOPSFIELD ROAD AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MARVIN L. WARD Councilmember Kirsits made a motion to continue this bill until the end of the Resolution session. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3505-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS WOODHAVEN PHASE 2, LOTS 20 THROUGH 36, 122, 123, AND 152 THROUGH 156 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR WOODHAVEN LLC. 2 REGULAR MEETINGAUGUST 22, 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 a parcel of land being a part of the West Half of the Northeast Quarter of , Section 22, Township 37 North, Range 2 EastSouth Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 2205 Irvington Drive Lot 20 Woodhaven Phase 2 18-8154-554536 or 2632 Stansbury Drive 2215 Irvington Drive Lot 21 Woodhaven Phase 2 18-8154-554537 or 2630 Bailey Court 2622 Bailey Court Lot 22 Woodhaven Phase 2 18-8154-554538 2614 Bailey Court Lot 23 Woodhaven Phase 2 18-8154-554539 2615 Bailey Court Lot 24 Woodhaven Phase 2 18-8154-554540 2625 Bailey Court Lot 25 Woodhaven Phase 2 18-8154-554541 2311 Irvington Drive Lot 26 Woodhaven Phase 2 18-8154-554542 or 2633 Bailey Court 2314 Irvington Drive Lot 27 Woodhaven Phase 2 18-8154-554543 2306 Irvington Drive Lot 28 Woodhaven Phase 2 18-8154-554544 2228 Irvington Drive Lot 29 Woodhaven Phase 2 18-8154-554545 2220 Irvington Drive Lot 30 Woodhaven Phase 2 18-8154-554546 2212 Irvington Drive Lot 31 Woodhaven Phase 2 18-8154-554547 2204 Irvington Drive Lot 32 Woodhaven Phase 2 18-8154-554548 2140 Irvington Drive Lot 33 Woodhaven Phase 2 18-8154-554549 2132 Irvington Drive Lot 34 Woodhaven Phase 2 18-8154-554550 2124 Irvington Drive Lot 35 Woodhaven Phase 2 18-8154-554551 2118 Irvington Drive Lot 36 Woodhaven Phase 2 18-8154-554552 or 2703 Emerson Forest Parkway 2706 Emerson Forest Parkway Lot 122 Woodhaven Phase 2 18-8154-554553 or 2103 Baltimore Drive 2736 Emerson Forest Parkway Lot 123 Woodhaven Phase 2 18-8154-554554 or 2102 Downing Circle 2628 Emerson Forest Parkway Lot 152 Woodhaven Phase 2 18-8154-554555 or 2103 Downing Circle 2629 Emerson Forest Parkway Lot 153 Woodhaven Phase 2 18-8154-554556 2635 Emerson Forest Parkway Lot 154 Woodhaven Phase 2 18-8154-554557 or 2115 Irvington Drive 2123 Irvington Drive Lot 155 Woodhaven Phase 2 18-8154-554558 2131 Irvington Drive Lot 156 Woodhaven Phase 2 18-8154-554559 or 2636 Stansbury Drive 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: 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. 3 REGULAR MEETINGAUGUST 22, 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Mr. Brian Goodrich, Lang, Feeney & Associates, Inc., 715 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Goodrich advised that the petitioner Woodhaven, LLC will construct twenty (20) new homes. The homes will be single family homes with sewers, water mains, retention 4 REGULAR MEETINGAUGUST 22, 2005 basins, along with public streets. The homes will be 1,000 to 1,200 square feet. The cost of the homes will be around $135,000 each with a total project cost of $3,240,000. 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 by a roll call vote of eight (8) ayes. RESOLUTION NO. 3506-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 624 COTTAGE GROVE A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR NEAR NORTHWEST NEIGHBORHOOD, INC. 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 624 , Cottage Grove South Bend, Indiana, and which are more particularly described as follows: Lot 16 Cushing & Lindsey Subdivision. , and this property has a Tax Key Number 18-1067-2854be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or 5 REGULAR MEETINGAUGUST 22, 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 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 Member of the Common Council Ms. Karen Ainsley, Executive Director, Near Northwest Neighborhood, Inc., 1007 Portage Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Ainsley advised that the Near Northwest Neighborhood, Inc. will construct a new home on the above identified address. The home will be approximately 1,120 to 1,300 square feet single family home. The home will consist of three bedrooms, five total rooms, full basement with an attached garage. The home will be on a 50’ by 128’ foot lot. The cost of the home will be $95,000. 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 6 REGULAR MEETINGAUGUST 22, 2005 Resolution. Councilmember Kelly seconded the motion which carried by a roll call vote of eight (8) ayes. RESOLUTION NO. 3507-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3021 WEST CALVERT STREET AND 3025 WEST CALVERT STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN HOMES BY E.L., INC., G & M PROPERTIES 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 3021 W. Calvert St. and 3025 W. Calvert St., South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 3021 W. Calvert St. West 35 feet of Lot 15 18-8110-4143 st Richland 1 Addition 3025 W. Calvert St. East 25 feet of Lot 16 18-8110-4142 st Richland 1 Addition be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: 7 REGULAR MEETINGAUGUST 22, 2005 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 of the Common Council Mr. Michael Urbanski, Project Manager, Garden Homes by E.L. Inc., G & M Properties, 1619 W. Ewing, South Bend, Indiana made the presentation for this bill. Mr. Urbanski advised that Garden Homes will construct two new homes. The homes will be approximately 1,036 square feet, with three (3) bedrooms, five, rooms, with a full basement. The homes will have an attached garage. The cost of the new homes will be $100,000 with a market value of $110,000 making the total project approximately $200,000. A Public hearing was held on the Resolution at this time. 8 REGULAR MEETINGAUGUST 22, 2005 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 Rouse seconded the motion which carried by a roll call vote of eight (8) ayes. RESOLUTION NO. 3508-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 920 NOTRE DAME AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR WILLIAM J. AND ANGELA APPLEBY PURCELL 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 920 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: nd The West ½ of Lot 121, Edward Sorin’s 2 Addition. , and this property has a Tax Key Number 18-5106-3721be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the 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 9 REGULAR MEETINGAUGUST 22, 2005 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. s/Charlotte D. Pfeifer Member of the Common Council 10 REGULAR MEETINGAUGUST 22, 2005 Councilmember Puzzello, Chairperson, Community and Economic Development Committee reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Willliam Purcell, 50524 Galaxy Drive, Granger, Indiana, made the presentation for this bill. Mr. Purcell advised that he and his wife are planning to construct a new home, approximately 2,200 square feet. A two-story house with three bedrooms, two and half baths, full basement, and an attached two-car garage. The cost of the home will be around $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 by a roll call vote of eight (8) ayes. RESOLUTION NO. 3509-05 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 16 THROUGH 42 AND 62 THROUGH 72, JADE CROSSING SUBDIVISION, SECTION FOUR AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CLELAND BUILDERS, INC. 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 area commonly known as lot numbers 16 through 42 and 62 through 72 Jade Crossing Subdivision, Section 4, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 4522 Sapphire Drive Lot 16, Jade Crossing, Section 4 25-1013-020949 4514 Sapphire Drive Lot 17, Jade Crossing, Section 4 25-1013-020950 4506 Sapphire Drive Lot 18, Jade Crossing, Section 4 25-1013-020951 4408 Sapphire Drive Lot 19, Jade Crossing, Section 4 25-1013-020952 4306 Sapphire Drive Lot 20, Jade Crossing, Section 4 25-1013-020953 4314 Sapphire Drive Lot 21, Jade Crossing, Section 4 25-1013-020954 4322 Sapphire Drive Lot 22, Jade Crossing, Section 4 25-1013-020955 4330 Sapphire Drive Lot 23, Jade Crossing, Section 4 25-1013-020956 4338 Sapphire Drive Lot 24, Jade Crossing, Section 4 25-1013-020957 4346 Sapphire Drive Lot 25, Jade Crossing, Section 4 25-1013-020958 Or 4322 Cherry Pointe Drive 4410 Cherry Pointe Drive Lot 26, Jade Crossing, Section 4 25-1013-020959 Or 4545 Sapphire Drive 4418 Cherry Pointe Drive Lot 27, Jade Crossing, Section 4 25-1013-020960 4335 Sapphire Drive Lot 28, Jade Crossing, Section 4 25-1013-020961 4327 Sapphire Drive Lot 29, Jade Crossing, Section 4 25-1013-020962 4317 Sapphire Drive Lot 30, Jade Crossing, Section 4 25-1013-020963 4407 Sapphire Drive Lot 31, Jade Crossing, Section 4 25-1013-020964 4415 Sapphire Drive Lot 32, Jade Crossing, Section 4 25-1013-020965 Or 4304 Onyx Drive 4312 Onyx Way Lot 33, Jade Crossing, Section 4 25-1013-020966 4320 Onyx Way Lot 34, Jade Crossing, Section 4 25-1013-020967 11 REGULAR MEETINGAUGUST 22, 2005 4328 Onyx Way Lot 35, Jade Crossing, Section 4 25-1013-020968 4336 Onyx Way Lot 36, Jade Crossing, Section 4 25-1013-020969 4342 Onyx Way Lot 37, Jade Crossing, Section 4 25-1013-020970 Or 4426 Cherry Pointe Drive 4508 Cherry Pointe Drive Lot 38, Jade Crossing, Section 4 25-1013-020971 Or 4343 Onyx Way 4335 Onyx Way Lot 39, Jade Crossing, Section 4 25-1013-020972 4327 Onyx Way Lot 40, Jade Crossing, Section 4 25-1013-020973 4319 Onyx Way Lot 41, Jade Crossing, Section 4 25-1013-020974 4309 Onyx Way Lot 42, Jade Crossing, Section 4 25-1013-020975 Or 4509 Sapphire Drive 4513 Cherry Pointe Drive Lot 62, Jade Crossing, Section 4 25-1013-020977 4505 Cherry Pointe Drive Lot 63, Jade Crossing, Section 4 25-1013-020978 4431 Cherry Pointe Drive Lot 64, Jade Crossing, Section 4 25-1013-020979 4423 Cherry Pointe Drive Lot 65, Jade Crossing, Section 4 25-1013-020980 4415 Cherry Pointe Drive Lot 66, Jade Crossing, Section 4 25-1013-020981 4407 Cherry Pointe Drive Lot 67, Jade Crossing, Section 4 25-1013-020982 4331 Cherry Pointe Drive Lot 68, Jade Crossing, Section 4 25-1013-020983 4325 Cherry Pointe Drive Lot 69, Jade Crossing, Section 4 25-1013-020984 4319 Cherry Pointe Drive Lot 70, Jade Crossing, Section 4 25-1013-020985 4313 Cherry Pointe Drive Lot 71, Jade Crossing, Section 4 25-1013-020986 4305 Cherry Pointe Drive Lot 72, Jade Crossing, Section 4 25-1013-020987 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq ., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: 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 12 REGULAR MEETINGAUGUST 22, 2005 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 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 13 REGULAR MEETINGAUGUST 22, 2005 Councilmember Puzzello, Chairperson, Community and Economic Development Committee reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Brian Goodrich, Lang, Feeney & Associates Inc., 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of Cleland Builders, the owners and developers of the Jade Crossing Subdivision. Mr. Goodrich advised that the petitioners would like to continue the development of the Jade Crossing subdivision. Jade Crossing is located directly South of Brick Road, midway between Portage Avenue and the U.S. 31 Bypass. The project proposes to build thirty-eight (38) stick built homes on identified lots on vacant land south of Brick Road. The average home will cost $158,158, making the total project cost approximately $6,010,000. Mr. Goodrich further advised that all permits have been applied for. 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 Dieter seconded the motion which carried by a roll call vote of eight (8) ayes. RESOLUTION NO. 3510-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR AN ECONOMIC DEVELOPMENT INITIATIVE GRANT WHEREAS, the Consolidated Appropriations Act of 2005, signed into law by President Bush on December 8, 2004, provided the Department of Housing and Urban Development with Economic Development Initiative funds for certain special projects specified in the Conference Report accompanying the Act; and WHEREAS, the City of South Bend, Indiana was specified in the Conference Report to receive grant funding in the amount of $248,000 for industrial park development in the Studebaker Corridor; and WHEREAS, the Department of Housing and Urban Development subsequently requested the City of South Bend to submit an application for these funds; and WHEREAS, the Mayor is the Chief Executive Officer of the City and is the appropriate applicant for the Economic Development Initiative Grant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a grant application to the United States Department of Housing & Urban Development for an Economic Development Initiative Grant and to execute all documents related to the Economic Development Initiative grant. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Economic Development Initiative grant application to be submitted to the United States Department of Housing and Urban Development. 14 REGULAR MEETINGAUGUST 22, 2005 SECTION III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the United States Department of Housing and Urban Development. SECTION IV. That the City of South Bend, Department of Community and Economic Development is hereby designated as the agency and office administering, on behalf of the City of South Bend, for the Economic Development Initiative grant awarded under this application. SECTION V. That 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. Andy Laurent, Economic Development Specialist, Community and Economic Development Department, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Laurent advised that this bill would authorize the submission of a grant application in the amount of $248,000 to the United States Department of Housing and Urban Development Economic Development Initiative Program. These funds will be used to implement the Studebaker/Oliver Redevelopment. These grants have been received for the Studebaker/Oliver Redevelopment Project in the past, and are federal special project grants that are awarded by Congress before the formal application documents are submitted. The submission resolution being submitted after the funds were awarded on December 8, 2004. 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 Kelly seconded the motion which carried by a roll call vote of eight (8) ayes. BILL NO. 05-108 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AN APPLICATION FOR A BROWNFIELDS ECONOMIC DEVELOPMENT INITIATIVE GRANT Councilmember Varner made a motion to strike this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 05-102 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3230 TOPSFIELD ROAD AS A RESIDENTIALLY 15 REGULAR MEETINGAUGUST 22, 2005 DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MARVIN L. WARD Councilmember Rouse made a motion to continue this bill until the September 12, 2005 meeting of the Council, due to the lack of a presenter. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILLS, FIRST READING BILL NO. 48-05 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF CALVERT STREET FROM FRANKLIN STREET WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 181.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SHIVELY’S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on September 12, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 49-05 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2920 EDISON ROAD, COUNCILMANIC DISTRICT #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. 50-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel & Finance Committee and Health and Public Safety Committee and set for Public Hearing and Third Reading on September 12, 2005. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 51-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT 16 REGULAR MEETINGAUGUST 22, 2005 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel & Finance Committee and Health and Public Safety Committee and set for Public Hearing and Third Reading on September 12, 2005. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 52-05 FIRST READING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2006 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Second Reading on September 12, 2005, and Third Reading and continued in the Council portion of the Public Hearing on September 26, 2005. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 53-05 FIRST READING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006, AND ENDING DECEMBER 31, 2006, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Second Reading on September 12, 2005, and Third Reading and continued in the Council portion of the Public Hearing on September 26, 2005. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 54-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006 AND ENDING DECEMBER 31, 2006, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Second Reading on September 12, 2005, and Third Reading and continued in the Council portion of the Public Hearing on September 26, 2005. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 55-05 FIRST READING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2006 17 REGULAR MEETINGAUGUST 22, 2005 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on September 12, 2005. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 56-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY CLERK FOR CALENDAR YEAR 2006 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on October 10, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 57-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MAKING TECHNICAL CORRECTIONS TO ORDINANCES 9450-03 AND 9527-04 FIXING THE MAXIMUM SALARIES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES IN THE YEARS 2004 AND 2005 This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on September 12, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 58-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $4,000,000 WITHIN FUND 101 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER- OLIVER PROJECT AREA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on September 12, 2005. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 59-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $248,000 OF UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ECONOMIC DEVELOPMENT INITIATIVE GRANT FUNDS WITHIN FUND 209 FOR THE PURPOSE OF REVITALIZATION OF THE STUDEBAKER/OLIVER REDEVELOPMENT AREA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on September 12, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. 18 REGULAR MEETINGAUGUST 22, 2005 BILL NO. 60-95 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND NO. 429 TIF DISTRICT – NORTHEAST DEVELOPMENT AREA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on September 12, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 61-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND NO. 430 TIF DISTRICT – SOUTH SIDE DEVELOPMENT AREA #1 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on September 12, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 62-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND NO. 431 TIF DISTRICT – SOUTH SIDE DEVELOPMENT AREA #2 (ERSKINE COMMONS) This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on September 12, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 63-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND NO. 432 TIF DISTRICT – SOUTH SIDE DEVELOPMENT AREA #3 (ERSKINE VILLAGE) This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on September 12, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORTS FROM THE AREA PLAN COMMISSION: 19 REGULAR MEETINGAUGUST 22, 2005 BILL NO. 42-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1951 E. FOX, COUNCILMANIC DISTRICT (5) IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on September 12, 2005. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 43-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN PROPERTY LOCATED AT 56969 ORANGE ROAD, AND ADJACENT PROPERTY, WAGGONER’S DAIRY FARM INC., PHASE II COUNCILMANIC DISTRICT NO. 1, GERMAN TOWNSHIP, CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing on September 26, 2005 and Third Reading on October 10, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 05-96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING AND ESTABLISHING 401 EAST INDIANA AVENUE AN HISTORICALLY SIGNIFICANT BUILDING Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on September 12, 2005. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS REGARDING THE CATHOLIC WORKER HOUSE Ms. Margaret Pfeil, 1130 W. Washington Street, South Bend, Indiana, advised that she is a member of the Catholic Worker Community. She stated that in November 2003, Ben Peters, Mike Baxter and she moved into 1126 W. Washington Street. After having located the house during that summer and having gathered support and enough financial support to pay off the house by June of 2004 on donations. The intention was to begin the house in the tradition of the Catholic Worker, which was a movement begun in the 1930’s by Dorothy Day and Peter Marin. Essentially the mission of the Catholic Worker was to practice the works of mercy based on Matthew: 25, to feed the hungry, cloth the naked and shelter the homeless. The idea of the Catholic Worker is that it is not an institution; it is a home that is shared. Giving is done as a personal sacrifice, sharing their lives and hope by the power of love, that they might be able to disarm some of the structures of violence that work in the world. They were not sure of the path this idea would take, it turns out that the need was very great. When they moved into the neighborhood, they did make an effort to get to know some of their immediate neighbors. 20 REGULAR MEETINGAUGUST 22, 2005 They have played basketball with their children, some came for dinner, some have come for help in paying their electricity bill, water bills, to get the water turned back on, and they have come with buckets when their water has been turned off. The Hansel Center was currently being vacated, the Funeral Home was already vacant for quite awhile as was the Natatorium. A duplex across the street had been vacant for a long time, when we realize that the need was so great; they began to think about renting that property. Seeing that this property had been vacant for so long, this would be a good thing to occupy it. A staff member Ben Peters was married to Liza Peters last year and it was their intention to occupy one-half of that duplex and house another family in the other half and that is what was done. The Catholic Worker then rented the house next door, which had been through a series of tenants, and likewise they believed that they would bring greater stability to the neighborhood. They would like to keep a dialogue open with the neighbors. To talk about things in the neighborhood and work things out. Mr. Michael Baxter, 1126 W. Washington Street, South Bend, Indiana, thanked the Council for giving him the time to talk. Mr. Baxter advised that he would like to address what he believes as a good faith response to the zoning notification that he has received from the City. October 22, 2004, was the first notice, within a week or so he went to Code Enforcement, and learned the process, they made a site plan, prepared to apply for zoning, and followed the guidelines given by Tom Anderson, who was in Code Enforcement. Mr. Anderson instructed him to contact the Councilperson for that District, which he did. Then he went to the Neighborhood Organization, which the Council member instructed him to do. He went to the leaders of the South Bend Heritage Foundation because they were advised by neighbors that that would be a good thing to do. At the November 23, meeting with the neighborhood they were told about problems that neighbors had with the Catholic Worker House’s endeavors. Given the conflict, Mr. Baxter stated that he met with one member of the neighborhood organization, who urged that the Catholic Worker House not apply for a variance, because it could work to the disservice of the neighborhood. It was suggested that the Catholic Worker House reduced their numbers, which they did. To have a sit down with members of the neighborhood organization and members of the community, and to look into having a drop in center downtown, which they have done.In was in the spirit of that dialogue that on February 22, Mr. Baxter went to a neighborhood organization meeting to propose this format for working it out. That was not received favorably. Mr. Baxter then stated that they went back to the City Administration on March 2, Ms. McGowen and Mr. Baxter met with Catherine Brucker to find out what our situation was in the City. When he walked into that meeting Carol-Ann Nash was also present. Mr. Baxter stated that he was told that the Catholic Worker House was conforming to code period. A week later, the Catholic Worker contacted their lawyer Kent Hull, and he said not to respond until they hear further from the City. The Catholic Worker House did not hear from the City thth until June 14. On August 8, Kent Hull, Chuck Leone, Ben Peters, Margie Pfeil met th and agreed to resume the process of application for rezoning and do it by August 25 and that where the Catholic Worker House stands on this process. The Catholic Worker House believes that they should have a hearing for the situation in the neighborhood, which they believe is complex. The Catholic Worker House would welcome to mediate in any way they can. Marion Newbill, no address given, stated that she has been a resident of the neighborhood for over 43 years. She spoke on behalf of the Catholic Worker House. Ms. Newbill advised that she attends the Catholic Worker House, to share a meal, visit, and talk with the people of the House. Ms. Newbill stated that she sees no problem at the house, if there is a problem, it should be solved. It is a nice place, the children of the neighborhood go there to play ball. Ms. Newbill advised that she does not know of any circumstances where the police have been called. She urged the City to allow the Catholic Worker House to continue. Mr. Jim Ludwig, 925 W. Washington Street, South Bend, Indiana, advised that he lives about a block and half away from the Catholic Worker House. Mr. Ludwig stated that he has made it a point to get to know the members of the Catholic Worker House very well. He walks by everyday and has been over at least ten times for dinner, often goes to talk to staff and residents of the house.In all those times, he has never encountered anything harmful or dangerous to the neighborhood. He believes that the Catholic 21 REGULAR MEETINGAUGUST 22, 2005 Worker is doing a very valuable service on behalf of the neighborhood. He is perfectly happy to have the Catholic Worker House as his neighbor and he intends to help them with their work in any way he can. He hopes that some of the other neighbors will also do the same. The Catholic Worker staff has brought a new energy and social commitment into the neighborhood and that they are helping in a very practical way to be a more caring and compassionate community. He has heard many poignant stories from residents of the Catholic Worker House of how with the help of the Catholic Worker they have moved from self-destructive lives to construction lives, from alcoholism and addition and homelessness to being responsible citizens and beginning once again to go to school or to work. Mr. Ludwig urged the members of the City Council and the Mayor Office will do whatever can do to help the Catholic Worker to continue their valuable work in the neighborhood. Zoning is a useful tool to help neighborhoods get rid of nuisances, crack house, and irresponsible landlords, but it should not be used as a club to bully those who are trying to do good in our community as well at the same time causing it no harm. Mr. Ludwig further urged the Council to use their good will and creativity to find a way to make the zoning code work for the Catholic Worker for the community and the people in need whom they are serving. Ms. Lauren Kimbrough, 738 W. Marion, Mishawaka, Indiana, advised that she was a resident of the Catholic Worker House, two days before she gave birth to her now 8- month-old daughter. Ms. Kimbrough did not have anywhere to go, until she found out about the Catholic Worker House through a woman at the Women’s Care Center. Mr. Kimbrough stated that they did not have much room for her or her other two children; however, they made room for them. The catholic worker provided her with diapers, babysitting, until she could get back on her feet, found a job, and the Catholic Worker House helped her with childcare expenses. She was able to move out into a place of her own. The staff was wonderful, they are caring, helping people who provide help to those in need. Ms. Kimbrough stated that she visits the Catholic Worker House with her daughters on a regular basis; they are like family to her. She urged the Council to support the Catholic Worker House. Mr. Arthur McGinnis, 1125 W. Jefferson, South Bend, Indiana, advised that he lives directly behind the Catholic Worker House. He stated that he has observed the Catholic Worker House for the last two years during the day and in the evening hours and wanted to give his 110% support for what they are doing and the way they conduct themselves. They are friendly, kind, and gracious toward the neighbors. They have been model neighbors and he has never seen any disturbance that would cause fear for anyone. They improve the neighborhood and the work that they do is courageous wonderful work. Mr. McGinnis thanked the Catholic Worker House for moving into the neighborhood. His concern for the neighborhood is the vacant houses that are boarded up. He would like to see those boarded up vacant eyesores disappear not the Catholic Worker House. Mr. Verge Gilliam, 1013 W. Washington, South Bend, Indiana, Co-Precinct Committeeman for the District of West Washington and have lived there for approximately ten (10) years. The one thing that amazes him is how people say that the Catholic Worker House brings peace to the neighborhood. There are many people who have stories about peace prior to the Catholic Worker’s House being there. By evidence of properties being redone by South Bend Heritage Foundation, Community Oriented Policing, Center for the Homeless and the Hope Rescue Mission. The rules and regulations of those institutions exist and we know of no rules like that. There are families that have concerns in the neighborhood regarding some of the people who come to the homes and verbally have attacked them and approached them. There are many different things that have happened in the neighborhood that are a direct result of the Catholic Workers House that they are quite upset with and the neighbors would like to commend the City of South Bend for making certain that no violations have taken place, code and law are enforced, because they work to see to it that other individuals in the neighborhood had to leave so our neighborhood could build and develop very peacefully. Mr. Gilliam stated those individuals as the Naptown Riders, some of the other device organizations that were there at one time. Many neighbors are not in favor of the Catholic Worker House because they do not have an open door policy, and many of the neighbors have experienced this. 22 REGULAR MEETINGAUGUST 22, 2005 Ms. Noreen Dean-Moran, 716 W. Colfax, South Bend, Indiana, advised that they have been a lot of newspaper coverage, but she would not argue that here today. She stated that Matthew: 25, to feed the hunger, give drink to the thirsty and cloth the naked and that is a very good thing. She complimented the Catholic Worker House; they service and purpose are very good, it just needed to be in a place that was legal and safe for the people. She stated that the idea of it being in a home and not institutional is not reasonable. Most people in the dead of winter do not have an extra 25 people in their homes. That is not quite a home, but there are people in the neighborhood who own property, who charge very low rents because they know that the people who are their tenants want their own place, want that sense of self-determination and need something that is less costly. She knows of people who have provided food, license plates, gasoline for cars and even cigarettes and rent for people and did it while they stayed where they were because that was what that person needed. They did not get donations that came out every time they went shopping themselves. There are people in the neighborhood who have taken a family or a single person who needs help in. They do this in the same issue of Matthew: 25, but do not do it in an institutional way as a matter of fact open their home for as long as the people needed in regular zone code situation. The issue of the need and what we are doing is very important and if the need is so great, but it has to be run as an institutional situation, then the City or other groups need to provide something such as 744 S. Main, which the Catholic Worker said they don’t want to use for sleeping arrangements because it is not as homey. The zoning issue is important, and should not be ignored. The reasoning being that the Catholic Workers House is a prime example of not enforcing the zoning laws and keep five apartments in what would only be a two- place apartment. Multi-family is plenty available in the area, the area that is not available is single-family housing. The Catholic Worker House is in the wrong place and asks the City to keep that in mind. Mr. Daniel Holm, 113 Laurel, South Bend, Indiana, advised that various representatives of the Catholic Workers in various meetings stated that they have helped to stabilize the neighborhood, by offering their services. This is actually wrong, they have illegally have been using houses, they have destabilized the neighborhood, as you look around the room and listen to people discuss this, there are actually people who live in the neighborhood who are angry about the lack of regard the Catholic Workers have for the neighborhood, and they believe that they are above the law. Their presence has been devise and is making neighbors take sides on an issue that should have never been raised in the first place. Specifically, the Catholic Worker House using homes zoned for single-family use as multiple family houses. The issue of respect, the respect being shown to the community by enforcing illegal uses of homes by the Catholic Workers is total lack of respect for the law. We can be easily sidetracked by emotions, but the issue is that they are in the wrong. They can either obey the law, or change the law, but they do not have the right to break the law, no matter how worthy the cause. Mr. John Hamilton, 913 W. Colfax, South Bend, Indiana, advised that he has spent a lot of money refurbishing a home that was once owned by Dick Doyle, as his office, that home was built in the 1880’s. Mr. Hamilton stated that he is here tonight to talk about the law. References to religion from the Catholic Worker, but what struck him was their reliance upon a threatened lawsuit to some how badger the City into backing off from what the City has in the form of a valid zoning ordinance. An ordinance that this organization has ignored. The question is whether or not this legislation that the Catholic Worker is depending upon, a very lengthy named statute. The key in this legislation is whether or not the City by enforcing a uniformly applied and fairly activated piece of legislation unduly burdens religious expression. The appropriate place is not in single- family zoning. Bottom line, if litigation is necessary, the Neighborhood Association will be there with the City, and as far as he can tell for what it is worth, it looks like the City is in a very strong position. Mr. Mike Griffin, 1126 W. Washington, South Bend, Indiana, advised that the Catholic Worker would like to keep the dialogue open for discussion with all the neighbors. The Catholic Worker House is willing to compromise; they have taken the step that the neighborhood organization suggested. They have cut their numbers down, even when that meant saying no to a lot of homeless people that they know and love. Mr. Griffin apologized for maybe not communicating with the neighbors a little better. Mr. Griffin 23 REGULAR MEETINGAUGUST 22, 2005 stated that there are many more stories about the residents at the Catholic Worker House that they would like to tell. Stories of people turning their lives around and why a residential setting the beauty of a home, lawn and a garden is necessary for people to feel at home and welcomed. Mr. Griffin stated that the Catholic Worker House is still willing st for negotiation. The Catholic Worker has talked about their three-fold approach: 1 ndrd application for zoning; 2 mediation; 3 litigation as the very last resort. The Catholic Worker would like to be flexible, willing to negotiation. The real dialogue maybe has not even begun to unfold, because that requires sitting down at the same table and not seeing an opponent, but a person. This is not an easy situation, however being able to see forward, to see if a compromise can be reached. This controversy has been hard on the Catholic Worker House, the neighbors, and everyone involved. The Catholic Worker would like to talk and come to the table and try to work something out. They love the neighborhood, think that they are a good part of that, and are willing to talk about ways for them to be able to stay. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:10 p.m. ATTEST: ATTEST: ________________________ _________________________ John Voorde, City Clerk Charlotte D. Pfeifer, President 24