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HomeMy WebLinkAbout11-14-05 Council Meeting Minutes REGULAR MEETINGNOVEMBER 14, 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, November 14, 2005 at 7:00 p.m. The meeting was called to order by President Charlotte 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 October 24, 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 October 24, 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. 3531-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE LASALLE INTERMEDIATE ACADEMY BOYS FOOTBALL TEAM FOR WINNING THE 2005 SOUTH BEND SCHOOL CORPORATION’S TOURNAMENT CHAMPIONSHIP ɸ»®»¿­ , the Common Council of the City of South Bend, Indiana, is proud to recognize that LaSalle Intermediate Academy, located at 2701 West Elwood Avenue in South Bend, Indiana, is one of the premier Magnet Schools in the South Bend Community School Corporation ; and 1 REGULAR MEETINGNOVEMBER 14, 2005 ɸ»®»¿­ , the Council notes that LaSalle has a student enrollment of 741 in grades 5-8 who are chosen to be part of a specialized, rigorous and comprehensive academic program as epitomized by their ISTEP scores being significantly higher than the state averages; and ɸ»®»¿­ , the Council would especially like to publicly recognize the members and of the LaSalle Boys Football Team all of the individuals associated with the LaSalle Lions who finished with a winning record of 7-1 and beat Navarre in the championship game 12-6, namely: Qadeen Abdul-Hadi Zac Crowell Bradley Michael Horner Matthew Spillane Ryan Bane Garret Czosnowski Brian Hibbs Jordan Starnes Matthew Barlow Jorge Diaz Keith Hibbs Devin Strauss Kameron Berry Nolan Dieter Alex Holston Jakee Taylor Eric Bill Martin Duchossois Charles Logue Anthony Thomas Jamial Boles Terron Farrell Tre Von Love Christopher Vann Jarrod Buchanon Derrick Fergerson Zachary Manges Aaron Willis Jacob Carter Jacob Fisher Alex Mehler Matthew Cealka Josh Foster Juan Mendoza Craig Christman Terrance Grant Alfredo Rangel Nathan Coddens Myles Guest Charles Rinehart Nicholas Cook Tyson Gushwa Daniel Smith Lauren Haney, Manager Jessica DeWulf, Manager David Lichtenbarger, Head Coach Tony McWilliams, Asst. Coach Ò±©ô ̸»®»º±®»ô ¾» ·¬ ®»­±´ª»¼ , by the Common Council of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby congratulates each and every member of the LA SALLE along with their Principal, Janet INTERMEDIATE ACADEMY BOYS FOOTBALL TEAM Scott, and their Athletic Coordinator, Colleen Doyle, for winning the SOUTH BEND SCHOOL CORPORATION 2005 SCHOOL TOURNAMENT CHAMPIONSHIP. Section II. The South Bend Common Council believes that the hard-work, discipline, and dedication of the students on the LA SALLE INTERMEDIATE ACADEMY has enabled each of them to be excellent role models with each BOYS FOOTBALL TEAM team member bringing the highest of honors to themselves, their family and friends, the LaSalle Intermediate Center, the South Bend Community School Corporation and all of the residents of the City of South Bend, Indiana. Section III. The Common Council wishes the LA SALLE INTERMEDIATE the very best in the years ahead, both in the ACADEMY BOYS FOOTBALL TEAM The World is classroom and on the playing field as they live by their school’s motto that “ Our Classroom ”. 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/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/KathleenCekanski-Farrand,Council Attorney ߬¬»­¬æ s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend 2 REGULAR MEETINGNOVEMBER 14, 2005 Councilmember Derek D. Dieter, 1135 Potage Avenue, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to the members of the team. A Public Hearing was held on the Resolution at this time. Colleen Doyle, Athletic Director, LaSalle Intermediate Academy, thanked the Council for this honor. Ms. Doyle indicated that when she announced that she was undertaking the job of athletic director at LaSalle Intermediate Academy, many people question why she would want to take on this task. This great honor proves just that. Mr. David Lichtenbarger, Head Coach, LaSalle Lions, Boys Football Team thanked the Council for this great honor. Coach Lichtenbarger stated that this is a great group of boys that show they are true academic scholars and are as hard working off the field as on the field. Mr. Troy McWilliams, Assistant Coach, LaSalle Lions Boys Football Team, thanked the South Bend Common Council for this Resolution and stated that this team truly shows that they are scholar athletes. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLUTION NO. 3532-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP, WAGGONER’S DAIRY FARM, INC., PHASE II ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution, and; WHEREAS, the territory proposed to be annexed encompasses approximately 235.45 acres of land containing one single family residence and a number of service buildings, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 16% contiguous, generally located at the northwest and northeast intersection of Adams Road and the St. Joseph Valley Parkway and the northwest and northeast corners of Orange Road and Adams Road. It is anticipated that the annexation area will be developed eventually as a Planned Unit Development District, and it is proposed for rezoning within the City as Planned Unit Development District ("PUD") upon incorporation into the City limits and Common Council approval. This use will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, a storm water system and drainage plan; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, police and fire protection, and other non-capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed; (2) the method(s) of 3 REGULAR MEETINGNOVEMBER 14, 2005 financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved the written fiscal plan as amended and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in German Township, St. Joseph County, Indiana, be annexed to the City of South Bend: A PART OF THE NORTH HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST AND A PART OF FRACTIONAL SECTION 7 AND FRACTIONAL SECTION 8, TOWNSHIP 38 NORTH, RANGE 2 EAST, ALL IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 IN CHEROKEE GARDENS SUBDIVISION RECORDED IN PLAT BOOK 16, PAGE C-2, IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY; THENCE NORTH 89 DEGREES 55 MINUTES 03 SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1844.50 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF CHEROKEE GARDENS AND THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 04 MINUTES 57 SECONDS WEST, A DISTANCE OF 20.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ADAMS ROAD; THENCE NORTH 89 DEGREES 55 MINUTES 03 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 190.73 FEET TO A POINT ON A RIGHT-OF-WAY TAKING FOR THE ST. JOSEPH VALLEY PARKWAY; THENCE THE NEXT 3 CALLS ALL ALONG SAID RIGHT-OF-WAY TAKE: 1) NORTH 84 DEGREES 29 MINUTES 13 SECONDS WEST, A DISTANCE OF 930.73 FEET, 2) NORTH 87 DEGREES 55 MINUTES 00 SECONDS WEST, A DISTANCE OF 336.27 FEET, 3) SOUTH 83 DEGREES 34 MINUTES 45 SECONDS WEST, A DISTANCE OF 873.21 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ADAMS ROAD; THENCE NORTH 89 DEGREES 52 MINUTES 58 SECONDS WEST ALONG SAID NORTH RIGHT-OF- WAY LINE AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 639.23 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 57 SECONDS WEST, A DISTANCE OF 40.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF ADAMS ROAD AND THE NORTHEAST CORNER OF A PARCEL DESCRIBED UNDER A WARRANTY DEED AS RECORDED IN BOOK 637 PAGE 434 IN THE OFFICE OF SAID RECORDER; THENCE NORTH 89 DEGREES 52 MINUTES 58 SECONDS WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 360.65 FEET TO THE EAST LINE OF ORANGE ROAD AS DESCRIBED UNDER A WARRANTY DEED AS RECORDED IN INSTRUMENT NUMBER 0421988 IN THE OFFICE OF RECORDER; THENCE SOUTH 02 DEGREES 22 MINUTES 07 SECONDS WEST, 4 REGULAR MEETINGNOVEMBER 14, 2005 ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 20.29 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF ADAMS ROAD, EXTENDED; THENCE NORTH 89 DEGREES 40 MINUTES 41 SECONDS WEST, ALONG THE SAID SOUTH RIGHT-OF-WAY LINE AS PLATTED IN KERTE’S MINOR SUBDIVISION, SECTION B, AS RECORDED UNDER PLAT BOOK K, PAGE 28 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 191.91 FEET TO THE WEST LINE OF SAID KERTE’S MINOR SUBDIVISION, SECTION B; THENCE NORTH 02 DEGREES 20 MINUTES 41 SECONDS WEST, ALONG THE WEST LINE OF SAID KERTE’S MINOR SUBDIVISION, SECTION B, A DISTANCE OF 20.02 FEET TO THE SOUTH RIGHT-OF- WAY LINE OF ADAMS ROAD; THENCE NORTH 89 DEGREES 40 MINUTES 41 SECONDS WEST, ALONG THE SOUTH LINE OF ADAMS ROAD RIGHT-OF-WAY, A DISTANCE OF 1054.19 FEET TO EAST LINE OF A CEMETERY, EXTENDED; THENCE NORTH 00 DEGREES 11 MINUTES 13 SECONDS EAST, ALONG THE EAST LINE OF SAID CEMETERY AS EXCEPTED OUT OF WARRANTY DEED RECORDED UNDER DEED RECORD BOOK 810, PAGES 548-550, A DISTANCE OF 350.39 FEET TO THE NORTHEAST CORNER OF SAID CEMETERY; THENCE NORTH 89 DEGREES 48 MINUTES 47 SECONDS WEST, ALONG THE NORTH LINE OF SAID CEMETERY, A DISTANCE OF 181.50 FEET TO THE EAST LINE OF AN EXCEPTION FROM SAID DEED RECORD BOOK 810, PAGES 548-550; THENCE NORTH 00 DEGREES 11 MINUTES 13 SECONDS EAST, ALONG SAID EAST OF EXCEPTION, A DISTANCE OF 858.00 FEET TO THE NORTH LINE OF THE SOUTH HALF OF FRACTIONAL SECTION 7, TOWNSHIP 38 NORTH, RANGE 3 EAST; THENCE SOUTH 89 DEGREES 48 MINUTES 47 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 3631.95 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF THE ST. JOSEPH VALLEY PARKWAY; THENCE NORTH 17 DEGREES 36 MINUTES 26 SECONDS EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1997.72 FEET TO THE NORTH LINE OF FRACTIONAL NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE NORTH 89 DEGREES 30 MINUTES 43 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 2299.84 FEET TO THE NORTHEAST CORNER OF THE FRACTIONAL NORTHWEST QUARTER OF SAID SECTION 8; THENCE NORTH 89 DEGREES 11 MINUTES 58 SECONDS EAST ALONG THE NORTH LINE OF THE FRACTIONAL NORTHEAST QUARTER OF SAID SECTION 8, A DISTANCE OF 120.35 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 48 SECONDS EAST, A DISTANCE OF 23.48 FEET TO THE NORTH LINE OF BORDERLINE SUBDIVISION MINOR PLAT, RECORDED UNDER PLAT BOOK 26, PAGE B IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT 3 CALLS ALL ALONG THE PLATTED RIGHT-OF-WAY OF MAYFLOWER ROAD WITHIN SAID BORDERLINE SUBDIVISION AND ARBOR POINTE SECTION 6, RECORDED UNDER INSTRUMENT NUMBER 9635583 IN THE OFFICE OF SAID RECORDER: 1) SOUTH 76 DEGREES 31 MINUTES 10 SECONDS WEST, A DISTANCE OF 37.35 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 114.00 FEET, AND A CHORD LENGTH OF 100.13 FEET, BEARING SOUTH 25 DEGREES 46 MINUTES 20 SECONDS WEST, 2) SOUTHWESTERLY ALONG SAID CURVE A DISTANCE OF 103.67 FEET, 3) SOUTH 00 DEGREES 16 MINUTES 48 SECONDS EAST, A DISTANCE OF 535.95 FEET TO THE SOUTH LINE OF SAID ARBOR POINTE SECTION SIX; THENCE SOUTH 88 DEGREES 09 MINUTES 47 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 20.01 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 48 SECONDS EAST PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 8, A DISTANCE OF 980.41 FEET; THENCE NORTH 89 DEGREES 43 MINUTES 12 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE NORTHWEST CORNER OF LOT ONE IN LICHTENBARGER MINOR SUBDIVISION, RECORDED UNDER INSTRUMENT NUMBER 8731222 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 00 DEGREES 16 MINUTES 48 SECONDS EAST, A DISTANCE OF 158.95 FEET TO THE NORTH LINE OF SAID CHEROKEE GARDENS SUBDIVISION EXTENDED; THENCE NORTH 89 DEGREES 55 MINUTES 05 SECONDS WEST ALONG SAID NORTH LINE, A DISTANCE OF 1844.88 FEET TO THE NORTHWEST CORNER OF LOT ONE OF SAID CHEROKEE GARDENS SUBDIVISION; THENCE SOUTH 00 DEGREES 16 MINUTES 48 SECONDS EAST 5 REGULAR MEETINGNOVEMBER 14, 2005 ALONG THE WEST LINE OF LOT ONE OF SAID CHEROKEE GARDENS SUBDIVISION, A DISTANCE OF 1280.01 FEET TO THE POINT OF BEGINNING; Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non-capital nature, such as police and fire protection, street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as street and road construction, street lighting, a sanitary sewer extension, a water distribution system, a storm water system, and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt The Fiscal Plan as amended and as set forth in Exhibit "A", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides, among other things, that an existing water main line should be sufficient to service this area; that adequate sewer service is presently available with upgrade of the lift station and some sections of the sewer main; that street lighting will be provided; that new public streets will be required to access the lots proposed for development with costs to be paid by the developer; and that the developer will pay the costs of an approved drainage plan which will be required in the annexation area. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Ervin Kuspa, Chairperson, Zoning and Annexation Committee reported that this committee held a meeting this afternoon and sends this bill to the full Council with no recommendation due to the lack of a quorum. Mr. Larry Magliozzi, Assistant Director, Division of Community Development, 1200 County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Magliozzi advised that this annexation is a 198 acre parcel on the north side of Adams Road, on either side of the St. Joseph Valley Parkway. All public improvements, if any, will be done at the expense of the developer. Possible expansion of the TIF area may also assist in the development of certain public improvements. 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 as substituted. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:20 p.m., Councilmember Kuspa made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kelly, Chairperson, Committee of the Whole, presiding. 6 REGULAR MEETINGNOVEMBER 14, 2005 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. 43-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN PROPERTY LOCATED AT 50929 ORANGE ROAD, AND ADJACENT PROPERTY, WAGGONERS’ DAIRY FARM INC., PHASE II, COUNCILMANIC DISTRICT NO. 1, GERMAN TOWNSHIP, CITY OF SOUTH BEND, INDIANA Councilmember Kuspa made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice of eight (8) ayes. Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with no recommendation. Mr. P. J. Thuringer, Staff Planner, Area Plan Commission, 1823 N. Adams, South Bend, Indiana, presented the report from the Commission. Mr. Thuringer advised that the petitioner is requesting a zone change from “R” Residential (County) to “PUD” Planned Unit Development (City) to allow a mixed use development consisting of single family/two family, multifamily/townhomes, civic/recreational, lifestyle/destination, retail, neighborhood retail, medical/office campus, assisted living, light industrial, commercial/hotel, office/flex, hotel/restaurant, research & development, or other uses deemed compatible. On site is a farmstead and agricultural land zoned “R” Residential. To the north is agricultural land zoned “R” Residential in the county and the State of Michigan. To the east are single-family houses zoned “R” Residential in the County. To the South is agricultural land zoned “PUD” Planned Unit Development in the city and single-family houses in the County zoned “R” Residential. To the west is a cemetery and agricultural land zoned “R” Residential. The “PUD” District is intended to encourage creativity and innovations in the design of developments, provide for more efficient use of land, and to provide for an individual or grouping of uses not otherwise specified elsewhere in the Zoning Ordinance. The portions of the Portage Prairie development “PUD” being considered in this petition are north of Adams Road. Quadrant “A” is approximately 87 acres on the west side of the U.S. 31 bypass and on both sides of Orange Road. It will be a mix of single-family and multi-family residential, cultural, and recreational uses including a movie theater. Quadrant “D” is approximately 109 acres on the east side of the U.S. 31 bypass and along Mayflower Road. It will consist of a research and development park and a hotel/restaurant park. The areas will utilize a local interior road system. The petitioner stated that a reasonable effort would be made to preserve existing trees over eight inches in caliper or 10 feet in height. Sidewalks and trails will be provided along new streets within the development as well as on Adams and Mayflower Roads. Specific uses for each site will be determined when Secondary Approval is sought by the petitioner from the Area Plan Commission staff. Uses not specifically listed in the PUD description, but which are similar in character, intensity, and intent are subject to staff approval. The Area Plan Commission may authorize additional uses within an individual area of the PUD other than those specifically designated for such area, provided that the use is permitted in another area of the PUD. On May 9, 2005 the Common Council annexed Phase I of the Portage Prairie project which was approximately 227 acres located west of Mayflower Road and south of Adams Road on both sides of the U.S. 31 bypass and rezoned it from “R” Residential to “PUD” Planned Unit Development. The northwest 7 REGULAR MEETINGNOVEMBER 14, 2005 quadrant “A” will be accessed from Adams Road and Orange Road, the northeast quadrant “D” will be accessed from Mayflower and Adams Road. The development will contain pedestrian walkways and trails. The City of South Bend will provide the site with municipal water and sanitary sewer. Each phase of the development will need to meet City drainage and road improvement standards. The agency maps show a wetland adjacent to Adams Road on the western edge of Quadrant “A” The Indiana Department of Environmental Management will need to be contacted. The Comprehensive Plan, Policy Plan Goal 2 - Objective C: Develop business areas to meet the retail and service needs of the planning area. Policy iii. Where feasible, design future commercial sites for convenient access and safety by encouraging limited signage, curb cuts and access between adjacent development. Goal 3 - Objective C: Encourage new development to take place in traditional neighborhood forms. Policy v: Residential developments should be designed to include adequate open spaces in either private yards or common areas to partially provide for residents’ open space and recreation needs. The proposed Planned Unit Development supports both of these objectives. The Land Use Plan designates this area as an Industrial Reserve Growth Area.The proposed research and development park use does not conflict with the Comprehensive Plan. The areas to the north, east, and west are rural residential in character. To the south there is residential, commercial, and industrial development. The Land Use Plan designates areas to the west and east of the development for residential growth. This master planned development with residential, retail, business, and industrial uses will allow people to work, play, and shop near their homes thereby increasing the quality of life. A Planned Unit Development is the most desirable use. The residential landscape buffering should help to conserve the property values. The surrounding property values may increase with the success of the Planned Unit Development. It is responsible development and growth to locate a mixed use of commercial and light industrial adjacent to the bypass. Encouraging a PUD development will allow more integration between the different land uses than if they were developed in piecemeal fashion. Based on information available prior to the public hearing, staff recommends that the Area Plan commission send this to the Common Council with a favorable recommendation with the condition that the Portage Prairie Residential Buffer yard concept for the southeast quadrant “C” be used for the northwest quadrant “A” adjacent to Adams Road west of Orange Road and the northeast quadrant “D” adjacent to Mayflower Road. By annexing into the City of South Bend, the development area can be served by municipal water and sanitary sewer. Encouraging this type of master planned development will contribute to the vitality of the area and is responsible and healthy growth. A Planned Unit Development will allow more integration between the different land uses than if developed separately. A PUD development will impact the neighbors less than if it is developed industrial as recommended by the Land Use Plan. The residential landscape buffer will improve the development for the neighbors. Mr. Frank Perri, Holladay Properties, 227 S. Main Street, South Bend, Indiana, made the presentation for this bill. Mr. Perri advised that requests the rezoning of approximately 170.56 acres, more particularly described in Exhibit A attached hereto and incorporated herein by this reference, to the PUD classification to provide for the development of a mixed-use project consisting of light industrial, office, technology, entertainment retail, destination retail, neighborhood retail, medical and residential uses. This rezoning is the Phase II rezoning for the Waggoner’s Dairy Farm Inc., property, currently undergoing both annexation and rezoning. Previous annexation has been adopted into ordinance by the City of South Bend as Ordinance No. 9587-05. The Portage Prairie Planned Unit Development (“Portage prairie”) is divided into four (4) major land use districts located on each of the four (4) quadrants of the intersection of U.S. 31 and Adams Road. Certain design elements will be utilized throughout Portage Prairie to connect the four (4) quadrants, either physically or by way of aesthetics. It is acknowledged that the Preliminary Plan filed with this PUD District Ordinance specifies land uses for real estate, which is not subject to his initial rezoning for Portage Prairie. However, the Preliminary Plan does provide a framework for which to review the land use pattern proposed for the Portage Prairie in light of existing and proposed future land uses in much the same was as a Comprehensive Plan identifies land use patterns for a community as a whole. Petitioner anticipates filing for annexation and rezoning of those additional parcels at a future date. When such annexation and rezoning request is filed, it will 8 REGULAR MEETINGNOVEMBER 14, 2005 provide a logical continuation of this Preliminary Plan for the Portage Prairie Planned Unit Development. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, spoke in favor of this bill. Mayor Luecke advised that this is good expandable growth for the City of South Bend. He commended Holladay Properties for a well-planned orderly mannered development with multiple uses that compliment this project. He asked the Council for their favorable consideration. Ms. Kathy Bieschke, 24440 Adams Road, South Bend, Indiana, spoke in opposition to this bill. Ms. Bieschke advised that there is a great deal of neighbors who opposed the annexation of the Portage Prairie Farm. Ms. Bieschke asked if anyone had taken the time to visit the AmeriPlex development that the Holladay Properties had developed in Indianapolis. The complex was shown at the previous hearing on Phase I of the Portage Prairie Development. The pictures showed a complex that was not kept up and was not being fully used to its potential. Ms. Bieschke stated that she strongly opposes the development at the Portage Prairie Farm. In rebuttal, Mr. Frank Perri, stated that Holladay has over twenty (20) years of experience in developing properties that create value and are an assest to the community. He stated that projects that Holladay have been involved with are the Maple Lane 4 Apartments, River Glen Office Complex, One Michiana Square, Memorial Skyway, Colfax Place (The former Indiana & Michigan Electric Company), Indiana Bell, A.M. General H.Q., they currently employee 225, and are currently working on the Cottages of Kendall Woods just north of the University of Notre Dame Campus. In reference to the Ameri- Plex Complex in Indianapolis, Indiana, 2,500 jobs were created and 6.5 million dollars invested. Mr. Perri stated that the Ameri-Plex Complex is a still a work in progress. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable rd recommendation to full Council concerning this bill as substituted and set for 3 reading on November 28, 2005. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 64-05 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1126 WEST WASHINGTON STREET, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember White made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice of eight (8) ayes. Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with no recommendation. Mr. P. J. Thuringer, Staff Planner, Area Plan Commission, 1823 N. Adams, South Bend, Indiana, presented the report from the Commission. Mr. Thuringer advised that the petitioner is requesting a zone change from “SF2” Single Family Residential to “MF1” Multifamily Residential to allow a group residence. On site is a single-family house. To the north is a two family home and a single family home, both zoned “SF2”. To the east are single family houses zoned “SF2”. To the south are single family houses zoned “SF2”. To the west are single-family houses zoned “SF2” and a roofing business zoned “MU” Mixed Use. The “MF1” Multi-family Residential 9 REGULAR MEETINGNOVEMBER 14, 2005 District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of multifamily dwelling projects (including apartment, townhouse or row house style developments) and, high density two family dwelling developments located along a block face, in developed areas of the community, which are served by a full range of public amenities. The 22,445 square foot (144.5’ x 155.4’) site contains one, 1664 square foot single-family home and a detached 795 square foot garage. Five parking spaces are shown with the proper parking area screening. The alley that is shown has been vacated. The site meets all but one of the required setbacks (variance will be required for the western side setback from 6’ to 4’). The site is accessed by Washington Street only. A wood, slatted fence already surrounds the property Extensive landscaping is also shown. Prior to August 13, 1991, this property was zoned “B” Multifamily Residential. However, with the passage of the large area rezoning of the West Washington – Chapin Development Area rezoning on August 12, 1991, the property was rezoned to “A” Single Family Residential. The rezoning also changed a great deal of property on West Washington from “C” Commercial to “B” Multi Family Residential. This area was rezoned to “B” to enable a government funded residential redevelopment project that has contributed greatly to the neighborhood’s improvement. This area is now zoned “MF1” Urban Corridor Multi-Family. The property located on the northwest corner of Elm Street and West Washington Street was rezoned form “A” Residential to “C” Commercial to allow the addition of a drive-thru window at the existing convenience store, because its expansion would not be detrimental t the goals of the West Washington Project. Upon the adoption of the new zoning map in 2004, the drive-thru business was zoned “MU” Mixed Use. Washington Avenue is a two lane residential street at this location. The site is served by City of South Bend municipal water and sanitary sewer. The Comprehensive Plan Policy Goal 3 Objective C Policy I: Medium or high-density multi-family housing, or other facilities with intense activity (such as churches, secondary schools, and commercial sites) should be located along arterials with access to the arterial street (preferable) or to a collector street. Although this petition might not be in conflict with this goal, it is in conflict with the specific plan for the area. The Land Use Plan does not designate this area for any specific use. The existing single-family house is within a large single-family residential district. The most desirable use is for a single-family house. Rezoning this to Multi-Family for a group home could adversely affect property values. It is not responsible growth to go against the West Washington Chapin Development Area down zoning that occurred in 1991. At that time all of the affected neighborhood groups were brought together to express their views regarding the down zoning of the area. It was decided that a Single Family Residential would best serve this neighborhood zoning designation. The neighborhood surrounding the petition area has been greatly improved since 1991 and introducing this zoning could reverse the positive changes that have been made. Based on information available prior to the public hearing recommends that this be sent to the Common Council with an unfavorable recommendation. This petition is in conflict with the West Washington Street – Chapin area rezoning. In August of 1991, after extensive and numerous neighborhood meetings, most of West Washington – Chapin Street area was down zoned from more intensive zoning districts to less intensive districts. The purpose of this neighborhood down zoning helped to revitalize the neighborhood, which had experienced much decline. The petition is in conflict with these goals. If approved, it could set a precedence for similar rezoning in the future. Mr. Michael Baxter, W. Washington Street, South Bend, Indiana; Ms. Margaret Pfeil, 1130 W. Washington Street, South Bend, Indiana; Ms. Brenna Coussen, 1119 A W. Washington Street, South Bend, Indiana; Mr. Michael Griffin, 1126 W. Washington Street, South Bend, Indiana, made the presentation for this bill. They indicated some background on the Catholic Worker Home. When they moved in, no one informed them of zoning issues nor suggested it would be an issue; and for a whole year, it was not an issue. When it became one, it was not because of disturbances to the neighborhood, but rather one call to code enforcement. They began to gather documents for rezoning, but were told by Mr. Jeff Gibney, Director, South Bend Heritage Foundation not to seek rezoning, but to cut the number of people and not draw attention.Both of those ideas were followed. It was then that it became clear that they should apply for rezoning. Following the law to the “T”, a long and exhausting process. The issue at hand however, 10 REGULAR MEETINGNOVEMBER 14, 2005 is the corridor on West Washington Street simply is not a distinctly Single-Family section. There is a great deal of zoning diversity, with a large multi family zone just a few doors away and with several multi-use buildings. The beautiful exterior and garden added to the residential character and value of the corridor. By any standard, the home located at 1126 is one of the most aesthetically pleasing properties in the area. The Catholic Worker was designed to create a home like environment and 1126 West Washington is just that a home not some big shelter. There are a large number of empty houses, buildings and lots (8 houses, and 3 lots right near the 1126 property) and upwards of 50 empty houses in the vicinity. Many other properties have rapid turnover of tenants. In this context, the Catholic Worker Home provides the much-needed stability in the area. The presence and commitment to good values is a deterrent to crime. For example, the large abandoned house right across the street from 1126 might well have become a crack house were it not for the Catholic Worker Home oversight and presence nearby. The Catholic Worker Home has the support of more than 100 of its closest neighbors, especially from the couple and the family who are in fact the two closest neighbors. Most of those who oppose live several blocks away, and almost none in that group has actually spent time at the Catholic Worker Home to see what life is really like. Accordance with City Plan, the Catholic Worker Home’s proposal serves the Plan’s goals of neighborhoods that offer diverse housing choices that promote philanthropy and volunteerism. Further, the ideas of the New Urbanism suggest that vibrant urban community need zoning diversity, not monolithic codes that lack flexibility. There would be no issued of setting precedence. The rezoning process is case by case. By supporting the rezoning, it brings no obligation to support other rezoning cases. The Catholic Worker Home is willing to set commitments and abide by them fully. If the Catholic Worker Home were to sell, it would rezone the home back to single-family zoning. Other commitments that the Catholic Worker Home is willing to agree to are to keep the number of guest and staff to the recommended number. In the end, the Catholic Worker Home is willing to make commitments in writing and would like to work together as good neighbors. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. James Ludwig, 925 W. Washington Street, South Bend, Indiana, stated that he took the time to get to know the people at Catholic Worker Home and feels that they are a great asset to the neighborhood. Father Christopher Cox, Pastor, St. Adalberts Catholic Church and St. Casimir’s Catholic Church, 2420 W. Huron Street, South Bend, Indiana stated that there are five main concerns regarding this rezoning. Father Chris stated that first, there is clearly mixed use zoning in the neighborhood with the Hansel Center and the Natatorium and a roofing business all in the same block. Second, the Catholic Worker Home is committed to a strong work ethic. Thirdly, the St. Augustine Parish that is just down the street from the Catholic Worker Home houses the Christ Child Society and provides a soup kitchen. Fourth, the west side is home to many Latino families. The Catholic Worker Home has a fluent Spanish speaking staff. And, finally the fifth and most important issue of the Catholic Worker Home is that it is just that a home not an institution. Mr. Gordon Berry, 917 W. Washington Street, South Bend, Indiana, stated that there seems to be a paranoia growing on the near west side of South Bend. Connie Blair exaggerates when she says that the near west side “neighborhood has been ripped apart to a degree that’s incomprehensible” (SB Tribune, 21 Oct 2005) by the controversy over the rezoning of the Catholic Worker House (CWH) at 1126 W. Washington in South Bend. The paranoia stems primarily from people who live far from the CWH, while people who live closer acknowledge that the Catholic Worker House is a source of strength for the neighborhood. Mr. Berry stated that he respects the hard work and calming influence of Jeff Gibney and his South Bend Heritage Foundation for their good work (SB Tribune, 12 Oct 2005), I submit that in this case they are looking backwards to an out-of-date (by 14 years), outmoded, plan that fails the neighborhood particularly in the 1100 block of West Washington. As a resident of the 900 block of West Washington for 10 years, he has seen the steady deterioration of the 1100 block; 3 empty institutional buildings the empty Natatorium, the empty and greatly deteriorated mortuary, and the empty Hansel 11 REGULAR MEETINGNOVEMBER 14, 2005 center, the latter two during the last two years. If the CWH are forced to leave, besides these buildings, there will be 3 empty lots, 5 empty houses, 2 businesses, 1 cheap rental building (Osborne House) and 4 small-occupied single-family dwellings; that will be an open invitation to the crack houses, criminals and drug use of the past. There needs to be a new plan. The CWH have brought back to civilization a family home that the South Bend Heritage had given up on (Charlotte Sobel, witness at the Board of Zoning Appeals, October 20); as renters, they have brought new life to 3 other neighboring residences; they have produced the finest vegetable garden on the whole street; and at the same time, they have given hope to people who needed and were looking for help. The recent human tragedies in south Asia from the tsunami and the earthquake and in New Orleans from hurricane Katrina have made us all more sensitive to helping our fellow human beings. It would be ironic if the South Bend Council cannot reach out and help those needing help within our own city. We need a new plan to help the CWH to continue helping these people. As a new plan, he proposes maintenance of CWH until at least one or more of the three large structures is/are in use. The Council can give the CWH a one to two year period to adjust their program to be in line with the request of their neighbors – e.g. numbers of guests, etc. The opening this winter of the CW drop-in shelter on South Michigan will help the Catholic Worker on West Washington to reach and maintain the family structure being requested, and allow strict enforcement of any such regulations. Mr. Berry suggested a maximum number of temporary guests be required – for example, not more than 8 guests per night, which is often the present number, and for stays no longer than periods of a number of nights (the present number varies greatly, but averages only 1 to 2 months). For example, the Council can require verified records of the guests, numbers and names to be recorded and submitted to appropriate authorities. Rapid investigation and recording of crimes committed within a five-block area could be compared with these records. We should remember that crimes are committed by “homed” as well as “homeless” people. People living at the CWH are, by definition, no longer “homeless” people. As a previous member of the Chapin/Washington Redevelopment Group, and also a present Board member of the Near West Side Neighborhood Organization, I believe that such a new plan can be developed and an agreement reached, but only if the Council allows all parties to help in its development. Mr. Berry stated that his 3-year-old granddaughter is fond of saying: “I have a plan, a new plan: if you don’t want to hear my plan, then stick your fingers in you ears”. Now is not the time for the council members to stick their fingers in their ears. They need to help develop a new plan, which is in accordance with all their constituents. Isn’t that what our elected representatives are supposed do? A final though: perhaps Connie Blair is right, the paranoia has been evident in recent open and secretive meetings of the Near West Side Neighborhood Organization. The Council needs to show them a new plan. Father Thomas Jones, Pastor, Christ the King Catholic Church, South Bend, Indiana, read into the record a letter from Revered John M. D’Arcy, Bishop, Diocese of Fort Wayne – South Bend, 1103 South Calhoun Street, P. O. Box 390, Fort Wayne, Indiana, regarding the issued of the Catholic Worker House, sometimes called the Peter Claver House, on the west side of South Bend. Bishop D’Arcy writes that he hopes the Council, concerned as they are as part of your great responsibility for the common good, and anxious, as your previous record show, to preserve the neighborhoods and, at the same time, to care to hose in need, will seek reconciliation and perhaps, through some means known better by yourselves, that both values present in this situation might be preserved. He commended the Council for giving so much of their time and energy to the public service of this beloved city. He promised in his prayers that a good solution might be arrived at in this important matter. John Patrick Riley, Sacred Heart Church, South Bend, Indiana, stated that there is an important lesson to be learned and taught here. Teaching the importance of concern and caring for those less fortunate and by being hospitable toward people who are down on their luck and having a hard time coping with daily issues, that kindness still exits in the world today. Ms. Adeline Jones, 1131 W. Washington Street, South Bend, Indiana, stated that she has lived in the neighborhood for 41 years. She to was seeking a rezoning on a property located in the neighborhood to allow for her business to continue. Ms. Jones stated that the same courtesy should be extended to the Catholic Worker Home. She advised that 12 REGULAR MEETINGNOVEMBER 14, 2005 each rezoning is critiqued on an individual basis and allowing this rezoning is not setting a precedent. Jim (a recovering alcoholic/drug addict) no address given, stated that he has been clean and sober for 20 months. He stated that there are no promises or guarantees in life, however, with people like the Catholic Worker Home, there is hope to be able to change your life around. He urged the Council to consider favorable the rezoning for the Catholic Worker Home. Ms. Naomi Vandevoor, 1244 Eclipse Place, South Bend, Indiana, stated that she and her children have gone to the Catholic Worker Home for supper. Ms. Vandevoor stated that she works three part-time jobs to raise her children and provide a place for them to live. Sometimes there is not enough money to cook a meal, and she relies on the Catholic Worker Home for a meal for her children. She stated that the staff at the Catholic Worker Home are kind, caring and intelligent people, who truly care about each and everyone who walks through their door. She asked for the Council favorable consideration of this bill. Ms. Brigitte Smith, 1121 W. Jefferson, South Bend, Indiana, stated that as a mother of 2 small children she strongly supports the Catholic Worker Home. The home is located directly in her backyard. So, yes in her backyard. The Catholic Worker Homes teaches values in a community who strives for a place for everyone to belong. The Catholic Worker Home brings stability and a safe environment to all the neighbors. Ms. Samantha Lema, 1130 W. Washington Street, South Bend, Indiana, stated that she had lived in the Catholic Worker Home for a while. She was born in Mishawaka and moved away. She came back to the Michiana area to care for her elderly grandfather, Triphon Lema, who was a former Mishawaka City Council Member. Ms. Lema stated that when it came time to put her grandfather in a nursing home, the family home had to be sold for Medicare reasons. She found herself homeless and struggling when she was introduced to the Catholic Worker. They provide so much more than just a place to sleep. The staff is knowledgeable is helping to find resources to get back on your feet and are just the kind of people you need to be around when things look their worst. Ms. Lema strongly urged the favorable consideration of the rezoning. Ms. Mian Matee, 716 Coronation Gardens, South Bend, Indiana, stated that she struggled with the idea of speaking tonight. She stated that she does not live in the West Washington Street area, however, she believes that if a topic that you strongly believe in is so dear to your heart, you must stand up for what you believe is right. The Catholic Worker Home is an asset to the neighborhood. There is someone at the home most all the time. This helps control unwanted activity in the neighborhood. She urged the Council’s favorable consideration. Mr. Todd Witmore, 1101 Riverside Drive, South Bend, Indiana, stated that he has taken his family to the Catholic Worker Home. The Catholic Worker Home is great place to have a nice meal and converse with staff and guests who have such wonderful stories to tell. Mr. Witmore stated that lessons can be learned and taught to his children about caring for other human beings. Mr. Witmore offered that if this issue fails tonight, please come to his backyard, he would love to have them. Mr. Aaron Vandevoor, 1244 Eclipse Place, South Bend, Indiana, stated that he has gone to the Catholic Worker Home with his mother for dinner and to play basketball and to have conversation with the guests and staff. He stated that the CWH is a great place for him and his siblings to go to when his mother is working late at one of her 3 jobs. Mr. Vandevoor stated that if the Catholic Worker Home is forced to close, he worries about where people who are down on their luck will go. The shelters in town are so crowded, especially when the weather gets cold. He urged the Council to favorable consider the rezoning to allow the Catholic Worker Home to continue their service. James Bilek, 54368 N. Ironwood Drive, South Bend, Indiana, spoke in favor of this bill. Mr. Bilek stated that he is the son of a Doctor in town, and he has grown up all his life watching his parents care for other people. He stated that it takes special people to give 13 REGULAR MEETINGNOVEMBER 14, 2005 so much time and energy to care for others. He believes that the Catholic Worker Home is a place where that occurs everyday. He urged the Council to vote favorable on this bill tonight. Mr. Robert Kloska, 1121 N. St. Peter, South Bend, Indiana, stated that he enjoyed his visits with the Catholic Worker. On many occasions, he has taken ice cream over to share. Mr. Kloska advised that he knows of the Catholic Worker Home in Phoenix, and how well they were received in that area. The City of Phoenix has embraced their relationship with the Catholic Worker and is greatly appreciative of their work. Mr. John DeRieso, St. Joseph Parish, South Bend, Indiana, advised that he loves to go over to the Catholic Worker Home, barbeque, and garden with the staff and guests. He read into the record a letter from Reverend Theodore M. Hesburgh, C.S.C., President Emeritus of the University of Notre Dame. He writes that he supports the Catholic Worker and the good work that they do, and is also someone who is grateful to them in a personal way. One of the nursing assistants, who care for him at Holy Cross House, is a great woman from Africa named Laura Kanyimbo, who was a resident of the Catholic Worker Home. Early last year, Laura, was days away from giving birth, already with twin three-year-old daughters to care for, and she had nowhere to go. What had started as her dream to receive and education in nursing here became increasingly difficult, and with no safety net and her world crumbling, and all housing options exhausted, when she went to the Catholic Worker House. They took her in, she had a baby girl two days later, and Laura and he family stayed for six months. During this time, Laura was able to get back on her feet. She went back to school for training as a Certified Nursing Assistance and (with the help of people at the Catholic Worker) goes a job at Holy Cross House. Now Laura cares for me and with a lot of skills and compassion. This is not a letter from a president emeritus of a large university. This is a note from someone who is grateful that this fine woman who cares so well for me was given hospitality by the good people at the Catholic Worker. Rev. Hesburgh stated that he knew Dorothy Day, the founder of the Catholic Worker. She was a good, tough woman. She knew that it is not always popular work to take in the poor. However, it is good work and it needs to be done. The Lord clearly told us; “The poor you will always have with you,” and caring for them is not passing the buck but taking personal responsibility. That’s what the Catholic Worker house does. A lot of people have stereotypes about the poor, as if they’re not fully human. But when people do that, they are talking about women like Laura. She now has a good job, caring for fellow priests, she has her own home, and her daughters are thriving. If the Catholic Worker hadn’t been there, though, she would have given birth with nowhere to go, no room at the inn. Thank God, there was room. Mr. Tom Broden, 201 W. Northshore Drive, South Bend, Indiana, stated that he is a member of the United Religious Community (URC) Taskforce on Homelessness. This organization has now become the Homeless Center located at 813 N. Michigan Street. Mr. Broden stated that there is a great need for caring for the homeless in the Michiana Area. The Catholic Worker is providing this caring idea on a much smaller scale. The idea of a home environment versus an institution is much more effective. Mr. Broden stated that the good work of the Catholic Worker along with their stable presence in the neighborhood would be a great asset to the City of South Bend. There was no one else present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. Mr. Joseph Karanja, 1002 W. Washington Street, South Bend, Indiana stated that he strongly opposes the Catholic Worker House. This is a classic example of a homeless shelter. The West Washington Area has been rezoned over the years to allow for single- family residence. Mr. Karanja stated that the Catholic Worker should have check the zoning before they purchased the home. 14 REGULAR MEETINGNOVEMBER 14, 2005 Mr. Richard Williams, 724 W. Washington Street, South Bend, Indiana, advised that by not reinforcing the single family zoning in this neighborhood will only allow for more conflict and hostility between the neighbors.He urged the Council to defeat this bill. Ms. Maxine Ellison, 1008 W. Colfax Avenue, South Bend, Indiana, advised that the Catholic Workers are not the only Christians in the neighborhood. She urged the Council to deny this request for spot zoning because they are clearly breaking the law. Ms. Ann Mannix, 724 W. Washington Street, South Bend, Indiana, stated that the dilemma of the Catholic Workers may appear to be a simple case of a group trying to help the homeless meeting opposition from neighborhood residents attempting to screen out low income persons. A further look at the reality of the West Washington Street Neighborhood and the individuals involved reveals a different picture. Those who have been around South Bend for some time will remember the problems the area experienced. In the late 1980’s, the dilapidated commercial structures in the 1200 block of West Washington became a center of drug traffic in the community. There was open drug dealing, prostitution, crime and occasional murders in the area. On the corner of Washington and Walnut, there was a liquor store made from cinder blocks with a wood bench on the side where patrons sat and drank from bottles in brown paper bags. The 1200 block was considered a dangerous area and I was advised not to even drive down Washington Street. These problems were resolved through combined efforts of neighborhood residents, the City and South Bend Heritage Foundation. The City of South Bend, purchased and demolished the dilapidated commercial structures. South Bend Heritage Foundation developed affordable housing that is now called West Washington Place. The group also rehabilitated numerous other structures, both rental housing and single-family owner occupied homes. New single-family homes were constructed in the 1300 block of West Washington and sold to families. A commercial area was developed at the corner of Washington and Chapin with a Sav-A-Lot grocery store and the Chapin Street Health Clinic. Middle-income families purchased and rehabilitated older homes in areas both east and west of Chapin Street. The area was also rezoned for single-family homes, which is pertinent to the current situation. It is critical to note that these efforts involved a racially and economically diverse group of individuals. The late Eugenia Braboy, Helen Pope, and other long time neighborhood leaders like combined their efforts with the “newer” residents such as Jeff Gibney, Neil Gilbert, and South Bend Heritage Foundation staff person, Gladys Muhammad and numerous others to get the job done. Many hours were spent discussing what to do and how to go about it. Several of the projects developed such as West Washington Place and Sav-A-Lot directly benefit low-income persons. The neighborhood is racially and economically diverse by design. The area has now become a place that people want to live. There are still challenges, including drug houses and many homes that need rehabilitation. Like all neighborhoods, mechanisms are needed to control growth and to keep a balance of commercial, residential and institutional land uses. Over the last year, the Catholic Workers have purchased or leased homes in the 1100 block of West Washington. They were not aware of or chose to ignore the single family zoning for the area where their homes were located. In October 2005, the Catholic Workers received a letter stating that they were violating the zoning laws. In November of 2005, they discussed their project with the Near West Side Neighborhood Association. At that meeting, the Catholic Workers agreed to come back to the group with a plan to for the use of their buildings. They could reduce the number of residents living in the houses or apply for a zoning variance. However, the Catholic Workers did not bring back a plan and did not file a request for a zoning variance. They continued to use their buildings in violation of the zoning and without any approval or negotiation with the neighborhood. This continued use of the buildings in violation of the zoning has caused issues: 1. Homeless individuals are disturbing neighbors by asking for food and money, urinating in bushes and generally not acting in a neighborly manner. Open violation of the zoning will set a precedent that others may follow. Having large number of individuals, living in single-family homes not meant for this purpose will lead to health and safety issues. The house has already had a number of police calls. The existences of an institution that caters to large numbers of indigent persons in the middle of a residential area will not encourage home ownership and neighborhood stability. Besides the obvious issues, the Catholic Workers apparent lack of concern or respect for most people currently living in the neighborhood leads me to question their intentions. Criticizing middle-income 15 REGULAR MEETINGNOVEMBER 14, 2005 residents and siding with the lower income residents is divisive and will lead to a weaker neighborhood. Well-educated Catholic Workers with financial resources denouncing others for their middle-income status and concern for the neighborhood stability is not helpful. Many of the individuals being accused of lack of support for homeless persons have been community leaders in social services, community development and work with homeless individuals for many years. Catering to the lowest income members of the community and casting aspersions on those who have helped t make the neighborhood stable and diverse is no way to improve neighborhoods. The unfortunate thing is that the Catholic Workers and the West Washington Neighborhood residents probably have many shared goals. However, neighborhood residents are understandably aggravated by open defiance of the zoning laws and being accused of racism, Not in My Back Yard’ism and lack of support for homeless persons. The Catholic Workers are intent on providing services to the homeless and perhaps did not understand the neighborhood and those who live there and why the zoning is important. Everyone has stated his or her position and now the issue needs to be resolved. The Catholic Workers have filed a request for a change in the zoning, which will be acted on by the South Bend Common Council. Now, the group can discuss their proposal with the neighborhood association, hopefully, in a respectful and truthful manner. Neighborhood leaders can listen to the Catholic Workers and state their opinion on the zoning based on the interests of the neighborhood. The Common Council will vote on the zoning change and then the City Administration needs to enforce the decision that is made. The zoning process is how decisions are made on how real estate is used in any given area.Everyone involved needs to state their opinion, respect the democratic process and then live by the decisions that are made. It is unfortunate that the situation has reached such an impasse. Now everyone involved needs to put their best foot forward, resolve the issue one way or another and try to work together for the best interest of the neighborhood. Ms. Catherine Hostetler, 125 S. Lafayette, South Bend, Indiana advised that she is the Director of the St. Joseph County Historic Preservation Commission. Ms. Hostetler stated that at the regularly scheduled meeting of the Historic Preservation Commission on Monday, October 17, the members of the Historic Preservation Commission voted unanimously to support Mr. Jeff Gibney’s and Ms. Charlotte Pfeifer’s opposition to the location of the Catholic Workers’ Houses on West Washington Street. This area has undergone decades of revitalization through the efforts of South Bend Heritage, Southhold, Historic Preservation Commission, Historic Landmarks Foundation of Indiana, the City of South Bend and the perseverance of its citizen homeowners to reclaim this neighborhood. Ms. Connie Tooley, 514 W. LaSalle Avenue, South Bend, Indiana, advised that her issues are with individuals, agencies and organizations that seem to say “We can do anything we want... we don’t have to follow rules”. In addition, for her its even more upsetting when added to that is the veil of religiosity, using God as their excuse to tread on anyone who does not agree with them, using him as an excuse to flaunt the rules everyone has to abide by? It is the kind of behavior my way or else that has caused every war known to man! This Catholic Worker group new exactly what they were doing when they moved in and began illegal operation of a soup kitchen/transient house in our neighborhood. Why they have been allowed to operate this long and even expand to more houses is beyond my understanding. I as a homeowner could not get away with it. She as a landlord cannot turn her single-family houses into rooming houses. Why can they? However, what is even more disturbing is the total lack of any professional, licensed training by anyone there. The total lack of supervision of their “residents”, leaves not only the people staying there, but all who live in the neighborhood, vulnerable to the actions of people who may be acting under the influence of alcoholism or drug additions, or may be mentally ill, leaving all of us in harm’s way. A facility such as Catholic Workers is trying to create – managed by people untrained to care for the bodies and minds of those “in their care”; managed by people who, as their actions have shown, don’t care about or respect anyone’s beliefs but their own does not belong in the heart of a family oriented neighborhood. Moreover, to cloak their enterprise under religious charity is even more offensive to me. True charity does not begin with deceit, with knowingly breaking the law. True charity acts with love and respect for everyone. 16 REGULAR MEETINGNOVEMBER 14, 2005 Mr. John Hamilton, 913 W. Colfax Avenue, South Bend, Indiana, advised that he moved into 913 W. Colfax some time ago and has been rehabbing the home ever since. He stated that the Catholic Worker home Ms. Noreen Deane-Moran, 716 W. Colfax Avenue, South Bend, Indiana, stated that she would like to give a bit of history on the relationship with the Catholic Worker House. During the 2003-2004 year, she began to notice some additional people congregating on porches in the referenced area. The mild bemusement but nothing else accompanied these observations. During the summer of 2004, the South Bend Tribune ran a lengthy article and spread on the Catholic Worker Organization and its recent occupation of properties in the 1100 block of West Washington. Now, things were beginning to take more shape in our consciousness. A note from the Redevelopment Office asked what we felt about the new “homeless shelter” in the neighborhood. In November, as the Catholic Worker Group was trying to decide whether to request a variance from the City of South Bend and its zoning laws, they were advised by the City to speak to both South Bend Heritage Foundation and our Neighborhood Organization. The former told CW that although our neighborhood might be good for them, “they were not good for our neighborhood might be good for them, “they were not good for our neighborhood.” The NWSNO listened carefully to the presentation by four members of the Catholic Worker and complimented them on the good work, which they were trying to accomplish, but emphatically asked them to do it in an area legally designed for this. The meeting was a long one – almost three hours, and members of our group were very explicit that we wanted the zoning to remain intact and for Catholic Worker to stop violating it. They claimed they would be with us forever (or at least fifty years). However, we have been the victim of such promises of stability many times before, and the now abandoned Catholic Worker house on Notre Dame and Cedar and their departure from usage of that property, without Board agreement, spoke in a different direction. The Catholic Worker was asked to scale down and relocate their operation to abide by the law. We did not expect them to disappear overnight, but that they move in the direction of maintaining the single-family status of the property in question. In addition to the misuse of the particular property, we all have long experienced with other property holders, and especially absentee landlords, using the actions of one group to justify their misplaced property usage. It is this which began the long fracture of the neighborhood originally and which has continued to contribute to our fragility. We then asked the Department of Code Enforcement for clarification of the process of requesting a waiver and the legal status which results when an application is made. At that time and up to the very present, we were informed that no such application had been made. At that time also, we were notified that the Catholic Worker had already been notified of its non-compliance. December, January and February came, and through Council President Pfeifer the status of the City and the Catholic Worker remained the same. Code Enforcement at that point reiterated their notice of non-compliance and issued a $50.00 ticket. As of today, the Catholic Worker has neither paid this find nor responded to it. It has been said that “it” has to be someplace. Ms. Moran disagrees, perhaps, this does not have to be any place, as many of the particular uses of the demonstrated need are not from our City. And, if it does, in fact, have to be someplace, that place should be in an area legally defined for that use and one protected and governed by all the codes of the city: zoning, space, occupancy, density of occupancy, fire, safety and health strictures.This is clearly an issue of violation of the City’s ordinances and not as a need for care of fragile people. The latter may be very much an issue for our City, but it is a separate one and warrants a solution which doesn’t violate other needs and considerations. Ms. Marjorie Kinzie, 719 W. Washington Street, South Bend, Indiana, stated that her concern with the Catholic Worker House on West Washington Street and how the City, the neighborhood, and the Catholic Worker group together could turn a blunder into a blessing. She stated that she has no problems with the project of Catholic Worker groups, but naiveté of the particular group on Thomas and West Washington has got them into problems with the law and with their neighbors. After the gift from the diocese of St. Stephen’s Rectory on Thomas Street, the West Side must have appeared to be a propitious place for another house. So they bought one. A decision taken without any consultation with agencies working in the area bout places which might have needs, without looking into the history of the neighborhood and what strategies the neighborhood and the City have been using to stabilize it, without looking at the zoning 17 REGULAR MEETINGNOVEMBER 14, 2005 laws, without discussing what they were doing with their immediate neighbors. Admirable motivation but bad planning. They were informed of the zoning infractions months ago. They have not moved towards compliance nor has the city taken further action. Zoning has been a key way for South Bend to create strong neighborhoods. Letting go of zoning unfortunately asks for exploitation by those trying to aggrandize their bottom line. We know this from sad experience in other neighborhoods in South Bend. What can be done? The Catholic Worker group would make gesture of healing and good will if they would divest themselves of the rental properties on Washington, bring the house they own on Washington Street into compliance, and use the properly zoned house on Thomas for larger numbers of individuals. The city and agencies working in the area could help the Catholic Worker group find appropriately zoned buildings to replace the rentals in the areas of the West Side that need their influence. The group would be able to provide the family sized households, which are part of their goal rather than presenting the institutionalized framework of four adjacent households on Washington. With good will, this can be done. Ms. Cindy Lewis, 702 W. Colfax Avenue, South Bend, Indiana, advised that she is speaking tonight to respond to the illegal occupancy of the Catholic Worker in the 1100 block of West Washington Street. She stated that since becoming a Near West Washington Street resident, she has admired the intense commitment of the neighbors to make it a better place to live. There have been several new young families on the Colfax block since she moved in. This trend toward urbanization is very heartening to her, and should be welcomed by the city. Single-family zoning promotes home ownership, which in turn promotes pride in your home and needed improvements. This can turn a neighborhood around and have a big influence in the total betterment of the city. Even though the Catholic Worker has no secular ties to the Holy See, she is not opposed to the good works that they do. She stated that she is a practicing Catholic and a member of St. Pat’s Parish, as a community, do good works and yet still abide by the rules and regulations of the city. She stated that she is not opposed to the Catholic Workers mission on 744 Main and the exception to serve food that was granted to them. The zoning is appropriate there and it is a totally separate issue. The Catholic Worker “movement” is flagrantly, deliberately and quite arrogantly breaking the law, period. It’s as simple as that. What’s so hard to understand? Why is this being allowed by the city for as long as it has been? Is the City afraid of the way it’s going to look to the press? Does you avoidance stem from this issue being considered as “too delicate”? If this is the case, then shame on you for turning your heads and not standing up for what is right and fair. This “movement” is operating in single-family zoned homes, they known that, yet they don’t seem to care. They have come to our meetings, contend that they want to be accepted into the community, but don’t acknowledge our requests to reside in the proper numbers for single-family residences. Do they think because they do good works they are above the law? This must be the case, because they are still operating without any fear of the consequences. On the Internet, under “Catholic Worker Frequently asked Questions”, it states, “Check out the zoning, occupancy and public health laws of your community. Whether or not you comply with them is up to you, but it’s good to know them in case you run into difficulties.” This exemplifies their arrogance! They are literally advising on-line that it doesn’t matter if they choose to disregard zoning laws! Zoning isn’t the only violation that is possibly occurring in the Catholic Worker houses. What about health and fire hazards? With that many people coming and going, there needs to be some sort of accountability for their safety. Ms. Lewis adamantly object to being accused of NIMBY mentality! The injustice of these comments (i.e. Voice of the th People, July 10) is outrageous and ridiculous. These accusers do not live here, and are not vested in this neighborhood. How dare they make such accusations! Until they buy a home in this area, and invest their hard earned money and sweat equity, do they earn the right to make such comments! She is certain that they would be opposed to the trend that violation of proper zoning would inflict in their backyards! On a personal note, I have recently opened a Bed and Breakfast in this neighborhood, and ascertained the appropriate zoning before purchasing the property. The permits and licenses that I was required to obtain were crucial to insure the safety and well-being of my guests. She is very proud to be a new member of this community, and plan on being here for quite some time. She is involved in two committees for the betterment of her neighborhood, thus improving the environment where we live and work. She strongly feels that this issue sets a precedent for further violation of zoning, and therefore stunting the growth of this 18 REGULAR MEETINGNOVEMBER 14, 2005 neighborhood. She is certain that there are many others opposed to this issue, but are not expressing their views due to their busy lives, or lack of knowledge of the situation. I’m hopeful that the leadership of South Bend will ultimately decide on what is right for this community, and look at the facts and not the fear of “bad publicity” when deciding whether or not the Catholic Worker should continue to operate illegally in its houses. Ms. Olivia Constable, 627 W. Colfax, South Bend, Indiana, stated that as a resident of the West Washington historic neighborhood (living at 627 West Colfax) she would like to add her voice to those of her neighborhood concerned about the changing zoning regulations to allow large numbers of people to live in the Catholic Worker shelters on West Washington Avenue. Ms. Constable advised that her family has lived in this neighborhood for ten years, during which period we have been extremely impressed with improvements and renovations to houses and properties. She knows that the West Washington Neighborhood Association has been working hard to restore houses to single-family residences, to renovate properties and make Chapin Street to a local street again. All of these efforts have mad (and will make) this neighborhood a much more pleasant place to live, walk, and raise children. People want to stay and put down roots in this kind of neighborhood. She stated that she would be very sorry to see a return to the broken-up multi-person properties and boarding houses that were common several decades ago. Only strong zoning regulations can help this neighborhood continue to improve. Mr. Peter Morgan, 114 Chapin Street, South Bend, Indiana, and Ms. Rachael Tomas Morgan, 114 Chapin Street, South Bend, Indiana, stated that they and their two young children live in an own their home at 114 South Chapin Street. They moved into the Near West Side Neighborhood when their youngest child was fourth months old. As parents of young children, they had many concerns in considering the purchase of a home, crime and safety, the speed and volume of traffic flowing on Chapin Street, few young families reside in the neighborhood, homes in visible repair, the volume of rental properties, and absentee landlords. Friends and colleagues questioned the financial risk we would be taking in purchasing in this neighborhood. Mr. Morgan stated that they took the initiative to knock on doors of neighbors asking for their opinion on the safety and stability of the neighborhood. They called South Bend Heritage and spoke to the director about the improvements they had started in the neighborhood; they met other parents with older children who have raised their children in this neighborhood. Some of the neighbors shared with us what they had heard about plans of a children’s theatre or a museum and a firehouse as positive signs for the neighborhood. As parish members of St. Augustine’s Church on West Washington Street since 1996 (and frequent worshippers from 1988-1991), they had witnessed the visible signs of the good work of South Bend Heritage in the construction of affordable housing near the parish. Despite some concerns they still had, they purchased the home in January 2001 with trust of knowledge and assurance that this distressed neighborhood was in positive upswing of thoughtful and sensitive redevelopment. They stated that they valued the fact that South Bend Heritage and the City, in their vision to revitalize this neighborhood, took great care not to gentrify but to make available to hard working, low income families the opportunity to rent apartments or own homes. When they purchased the house, it was their clear understanding that the Near West Side Neighborhood Organization, South Bend Heritage, and the City of South Bend was dedicating time, labor, and money in the revitalization of this neighborhood. Ms. Tomas Morgan stated that she has become involved in the Near West Side Neighborhood Organization and currently sits on the board of the Organization. They have positively influenced other young families to move into the neighborhood; they support commerce and the revitalization of the downtown area; and talk to their colleagues about the benefits of living in the City of South Bend and in this particular neighborhood. As you know over the past two years, the Catholic Worker group has been using properties at 1126, 1130 and 1119 (A & B Duplex) West Washington and 1102 Thomas Street in violation of current zoning laws. They purchased 1126 West Washington and 1102 Thomas Street and began renting 1130 and 1119 A & B West Washington with the intention to provide temporary housing for the homeless. The Near West Side Neighborhood Organization instructed the Catholic Worker group of its disapproval. Disapproval not of their work to provide housing for the homeless but the disapproval of violating the zoning and health, safety, and fire codes for the numbers of people they were housing in these homes. We instructed them repeatedly to comply with 19 REGULAR MEETINGNOVEMBER 14, 2005 the current zoning of the neighborhood and usage of the property. They continued to operate as they had been doing, in open violation of zoning and in disregard of the Neighborhood Organization. Another point of concern worth noting is the manner in which the Catholic Worker group entered the neighborhood. Any reputable organization would have conducted a study on the needs of the community within which it hopes to operate. It would have garnished neighborhood support before moving into a neighborhood. It would have examined or even considered zoning laws for the property. The Catholic Worker group did none of the things that are considered responsible conduct for a reputable public entity. After purchasing 1126 West Washington, they furthermore rented two other neighboring properties on the same street and purchased the property on Tomas Street knowingly violating the zoning designations of all four properties. This behavior, as laudable as their outreach to the homeless may be, is a public show of disrespect for the neighbors of the near west side and to the City’s laws. As professionals in the legal, education, and social service sectors, having supported many good community organizations and outreach to the poor and vulnerable in our community, we have little regard for organizations, as laudable as their intentions may be, that openly show disrespect for the law and systems of accountability. Regarding yet another point of contention, “religious liberty” should not be used as an excuse for a group or organization to do what it wants to do outside of the law. Laudable religious organizations (Catholic Charities, Catholic Relief Services, Hope Rescue Mission, Lutheran Services, etc.) have to and do conduct their mission in compliance with the law. The Peter Claver Catholic Worker group should not be an exception. Catholic Worker houses of hospitality exist in many forms across the nation. The current single family zoning designation of the 1126 West Washington property does not restrict members of the group to practice their religious convictions of providing hospitality to the homeless. It is entirely legal that one Catholic Worker “staff” member own a single family zoned home and offer hospitality to one other unrelated guest or family unit. They know families across the City of South Bend who often takes in a homeless single woman family in need, carrying out their “religious convictions”, and doing so within the confines of the law. Furthermore, it would be inaccurate for the Catholic Worker group to allege that they are being discriminated against should their request for change in zoning and special exemption be denied. With the City of South Bend, they could find properly zoned facilities to purchase, in which they could continue their outreach to the homeless in a safe and appropriate manner. A change in zoning for the property is not in the best interest of the neighborhood or the City of South Bend. The City has spent a lot of taxpayers’ dollars investing in this particular area of the City. A Change in zoning would open the door for others to seek zoning changes, to establish boarding houses and other inappropriate institutional uses, in a residential area. A change in zoning for would open the door for others to seek zoning changes, to establish boarding houses and other inappropriate institutional uses, in a residential area. A change in zoning for the property in question would set a precedent that would undo the years of work and money invested. Therefore, they cannot and do not support the application for a change in zoning and special exemption for which the Peter Claver Catholic Worker group has recently applied. Zoning has been and is a tool to achieve stability for our neighborhood. Zoning has been central to the improvements in the neighborhood. There is no need for an exception or variance to the genera trend and usage (single-family zoning designation) of the neighborhood. The urged the Mayor and Council Members of the City of South Bend, to demonstrate their commitment to this neighborhood and to building strong and healthy neighborhoods throughout the City. Uphold the City’s own current zoning laws and deny the Peter Claver Catholic Worker’s application for zoning change and request for special exemption on 1126 West Washington Street. th The Honorable Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, stated that the issue of the Catholic Worker Home implies a necessity of conformity. Mayor Luecke stated that he supports the City of South Bend Zoning Ordinance and the single-family zoning that has been established in the northwest neighborhood. Mayor Luecke stated that the City of South Bend will work with the Catholic Worker to try to resolve the issues at hand. Mr. David Hurley, 803 Ashland Avenue, South Bend, Indiana, advised that he was the executive director of a homeless shelter on the east coast. He understands that the quality 20 REGULAR MEETINGNOVEMBER 14, 2005 of life in the neighborhood is a key point with residents in that area. Mr. Hurley maintained that zoning laws are put into place to keep that quality of life in the neighborhoods. Mr. Art Leinen, 755 S. Michigan Street, South Bend, Indiana, stated that this issues of housing the homeless only puts a burden on the citizens of the City of South Bend. Mr. Leinen advised that the City of Indianapolis has a population of over 781,000 people and has 155 beds for the homeless, the City of Ft. Wayne has over 200,000 people and houses 300 homeless, the City of Gary has 102,746 people and has 0 beds for the homeless. The City of South Bend cannot afford to house any more homeless. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mr. Mike Griffin stated that the Catholic Worker Home is willing to adjust their number of guests and staff each night to comply with the zoning laws. He advised that there is mixed zoning throughout the West Washington Street area, and reiterated that this is not a simple case of spot zoning. Mr. Griffin stated that the Catholic Worker Home is willing to sign written commitments stating that they will be in compliance and when and if the times come to sell the home, they will rezone it back to single-family. Mr. Griffin further advised that the Catholic Worker Home would like to continue their good work and are willing to continue working with the residence of the neighborhood and the City of South Bend. Councilmember Rouse commented that the Time Zone issue maybe an easier issue to decide on than this one. He further stated that he believes that the issue of the Catholic Worker Home in a dynamic one. Councilmember Rouse stated that he would like to see the process of mediation begin. He feels that the work of the Catholic Worker is not the issue but abiding by the zoning law is. Councilmember Varner commented that the mission of the Catholic Worker cannot be disagreed upon. However, the home that they are currently occupying is not zoned properly for that work. He stated that they must operate in an appropriately zoned area. Councilmember Varner stated that he is not in favor of continuing this bill. Councilmember Kuspa commented that his mother-in-law took in people who were down and out on their luck and homeless for years. He stated that he always commended her for her actions and stated that it took someone with along of strength and courage to take such actions. In the case of the Catholic Worker, they want to provide that same kind of environment, a home not a shelter or institution. The Catholic Worker shares their food and companionship with people who are less fortunate. Councilmember Kuspa advised that he is in favor of continuing this bill and allowing the mediation process to begin. Councilmember White commented that this issue is quite clear and it is strictly about upholding the zoning laws. Listening to the residents and neighborhood organizations and respecting their wishes. Councilmember White stated that respect is earned. She reiterated that when someone purchases property, they must check the zoning laws and if it is not suitable for the area, you must move on. Councilmember White advised that she would not be in favor of a continuance. Councilmember Puzzello commented that requests to rezone property are done on a case- by-case basis. The Council has many requests to rezone property. When she became aware of the problem with the zoning at the Catholic Worker Home, she wondered why it had taken so long. Councilmember Puzzello stated that she has heard comments from both sides in favor and opposed. She stated that she has been to the Catholic Worker Home and seen first had their wonderful vegetable and fruit garden. The basketball court for the youth in the neighborhood is an added attraction to keep the youth off the street. The Catholic Worker Home is before us tonight to try to come into compliance. She believes that they may have been given some wrong advise along the way in not seeking for the rezoning sooner. It seems to her like South Bend Heritage and the Near Northwest Neighborhood organization want them out of the neighborhood. She stated that she would also like to see mediation begin and allow for the healing process begin. 21 REGULAR MEETINGNOVEMBER 14, 2005 Councilmember Pfeifer commented that she lives at 1013 W. Washington with her elderly mother. He mother has witnessed people urinating on lawns and going to the Catholic Worker House. She also stated that her car was vandalized. She advised that the West Washington Chapin Neighborhood Association has worked hard in developing the zoning for this area. The neighborhood is very diverse. It has been a vulnerable area for years and the self-determination by the residents and the neighborhood organizations have brought this area up to where young people are making commitments to purchase and revitalize homes and raise their families. Councilmember Pfeifer stated that people just think they can come into her neighborhood and do what they want. Councilmember Dieter commented that this issue has gone on long enough. He stated that he has heard numerous people speak in favor of this bill who do not even live in the neighborhood. It clearly is a violation of the zoning law. Councilmember Dieter stated that he is against it. Councilmember Kelly commented that he has had mixed feelings on this issue and was going to vote in opposition to this bill; however, his opinion is changing. He grew up in the depression era and when he was, younger growing up his mother too took in families and whoever came by who were down on their luck and need a warm place to stay for a while and eat a decent meal. Councilmember White reminded the Councilmember’s to vote consistent with past practice of the Council in voting on district issues. Councilmember Rouse made a motion to continue this bill and allow mediation to begin. Councilmember Kelly seconded the motion. The motion failed by a tie vote of four (4) ayes (Councilmember’s Kelly, Puzzello, Kuspa and Rouse) and four (4) nays (Councilmember’s Dieter, Varner, White and Pfeifer. Councilmember Dieter made a motion for unfavorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion. The motion failed by a tie vote of four (4) ayes (Councilmember’s Dieter, Varner, White and Pfeifer) and four (4) nays (Councilmember’s Kelly, Puzzello, Kuspa and Rouse). Council Attorney Kathleen Cekanski-Farrand stated that due to both motions failing and no other motions made, this bill would be put back on the Council’s Agenda for the November 28, 2005 meeting of the Council. Action must be taken within 90 days, that date being January 16, 2006, according to Title 37-4-6-08. BILL NO. 66-05 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1640 SOUTH BEND AVENUE AND PROPERTY BETWEEN 1612 AND 1640 SOUTH BEND AVENUE AND PROPERTY BETWEEN 1612 AND 1640 SOUTH BEND AVENUE, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with no recommendation. Mr. P. J. Thuringer, Staff Planner, Area Plan Commission, 1823 N. Adams, South Bend, Indiana, presented the report from the Commission. Mr. Thuringer advised the petitioner is requesting a zone change from “SF1” Single Family and Two family to “OB” Office Buffer for Lots 32 and 33, and “LB” Local Business for Lot 31 to allow law office and additional restaurant parking. On site is vacant undeveloped land zoned “SF 1” Single and Two Family Residential. To the north is a small retail center and a tavern zoned “LB” Local Business. To the east is a 22 REGULAR MEETINGNOVEMBER 14, 2005 restaurant zoned “LB” Local Business. To the south are single family homes zoned “SF1” Single and Two Family district. To the west are single family homes zoned “OB” Office Buffer and “SF1” Single and Two Family Residential. The “OB” Office Buffer District is established to promote the development of small-scale office, professional, business, governmental and quasi-governmental uses. Since the types of permitted uses in the “OB” District are typically less commercial in appearance and are architecturally more harmonious with residential structures, this district can serve as a buffer between residential districts and more intense commercial or industrial districts. The “LB” Local Business District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the “LB” Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. A two story, 4,500 square foot building is proposed for construction on the west side of the site. Access will e from an existing curb cut (no new curb cuts are proposed). Residential buffer yard landscaping is shown along the entire southern border of the property. Twenty-Eight (28) parking spaces are shown on the eastern two-thirds of the property. Roughly, 51% of the site will be pavement and concrete, 40% will be open space, and the remaining 9% will be the building footprint. Dimensional variances will be required for parking within 15 feet of the right-of-way and for parking within the required side yard setback. Lots 32 and 33 have been rezoned to “C-1” Commercial on two different occasions (1988 and 1993) and then reverted to residential both times. The parcel to the west of the petition area that is currently zoned “OB” Office Buffer was rezoned to “C-1” Commercial in 1991 and was limited to professional office uses. S. R. 23 is a four-lane road at this location. It is a major transportation route between South Bend and the northeastern parts of the county. Edison Road is a five-lane thoroughfare just north of the petition area. The site will be served by City of South Bend municipal water and sanitary sewer.The Comprehensive Plan Policy Plan Goal 2 Objective C Policy fit: Where feasible, design future commercial sites for convenient access and safety, minimize curb cuts and distracting signage, and encourage access between adjacent developments. The petition is in compliance with the Policy Plan. This area is not designated for any specific growth by the Land Use Plan. All corners of the intersection of Edison Road and State Road 23 currently are commercial in nature. The neighborhoods to the East and South are residential in nature. The most desirable use is for commercial and office development. Surrounding property values should be minimally affected with this rezoning due to the required bufferyards. It is responsible for new development to comply with the Policy Plan of South Bend and St. Joseph County. Locating office and commercial uses near intersections of well traveled thoroughfares is responsible development and growth. Based on information available prior to the public hearing staff recommends that this be sent to the Common Council with a favorable recommendation. Similar petitions for two of the three lots have been approved on two previous occasions. The petition minimizes curb cuts and allows access between the two developments thereby complying with the Comprehensive Plan. This is a transition area between the mainly commercial uses to the north of Edison Road and the residential uses to the south therefore the “OB” Office Buffer district works well in this location. Mr. Derek J. Spier, A.I.C.P., Abonmarche Group, 750 Lincoln Way East, South Bend, Indiana, made the presentation for this bill. Mr. Spier advised that the property sought to be rezoned is located at 1640 South Bend Avenue and the property between 1612 and 1640 South Bend Avenue, South Bend, Indiana, located on the southeast side of South Bend Avenue (State Road 23) just south of Edison Road. Mr. Spier stated that lots 32 & 33 of Wooded Estates are currently owned by Jed F. Eide & John Robert Plennert and Lot 31 of Wooded Estates is owned by John C. Derda. The contingent purchaser of lots 32 & 33 Wooded Estates is Franklin D. Julian. Lot 31 of Wooded Estates will continue to be owned by John C. Derda. The purchasers is requesting that the property be rezoned from “SF1” Single Family and Two Family District to “OB” Office Buffer District for Lots 32 and 33 and to “LB” Local Business District for Lot 31 both in Wooded Estates. This rezoning will allow for a Law Office and additional restaurant parking. 23 REGULAR MEETINGNOVEMBER 14, 2005 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of seven ayes and one nay (Councilmember Puzzello) BILL NO. 70-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 4, SECTION 13-57 AND 13-57.05 OF THE SOUTH BEND MUNICIPAL CODE TO CLARIFY PROHIBITED NOISES WITHIN THE CITY OF SOUTH BEND Councilmember Dieter made a motion to continue this bill until the November 28, 2005 meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 72-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 17, ARTICLE 2, DIVISION 4, SECTIONS 17-20, 17- 21, 17-23 AND 17-25 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST REGULAR SEWAGE RATES AND HEAVY DEMAND SURCHARGE RATES AND TO CLARIFY OTHER CODE PROVISIONS Councilmember Timothy A. Rouse, Vice-Chairperson, Utilities Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Mayor Stephen J. Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana made the presentation for this bill. Mayor Luecke handed to John Voorde, City Clerk the City of South Bend Combined Sewer Overflow Long Term Control Plan Advisory Committee Handbook dated July 2005 and asked that this be made part of the record. Mayor Luecke advised that the proposed ordinance relates to rate increases for Sewage Works. The purpose of the increase is to allow the Sewage Works Utility to meet its on- going and future revenue needs. Dollars paid into this fund cover the operation, maintenance, debt service, and capital expenses of the Bureau of Sewers and the Bureau of Wastewater. South Bend has invested a great deal in early action projects over the last 15 years. This is acknowledged by IDEM and EPA and yet they are pressing South Bend and other cities with combined sewers to implement long term control plans that take it to the next level in achieving the goals of the Clean Water Act. This will mean the largest environmental infrastructure investment program in the history of this community and will begin a phased and prioritized effort that will span the next two decades. First, the focus of the relief for neighborhoods with chronic backup issues during heavy rains. Mainly of the cost effective means of reducing large volume overflows of sewage to the St. Joseph River. The vast majority of the rate increases are for capital expenditures for this project. The capture and treatment of more storm water and sewage, will show upward pressure on operation and maintenance expenses reflected in the rates over the next four years. Mr. Jack Dillon, Ph.D., Director, Division of Environmental Services, 3113 Riverside Drive, South Bend, Indiana, stated that Mr. John Skomp, from Crowe, Chiszek and Company, LLC., 10 West Market Street, Suite 2000, Indianapolis, Indiana, performed a 24 REGULAR MEETINGNOVEMBER 14, 2005 Rate and Financing Report and acts as support for the increase. The rates as proposed are “across the board” increases to all of our customers. The increases will affect both the flow and the fixed meter portions of the rate equation. It will also increase the “Extra Strength Surcharges” charged to customers who discharge waste that is above “normal” strength. The proposed increases call for a 29% increase in 2006, a 15% increase in 2007, and 11% increase in 2008, and a 9% increase in 2009. As a way of example, a current discharger of 5,000 gallons per month would incur a charge of $16.77 in 2005, $21.62 in 2006, $24.88 in 2007, $27.63 in 2008 and $30.08 in 2009. There is the anticipation of similar rate increase by many communities in Indiana, as they all must address the reduction of wet weather sewer overflows as mandated by EPA and IDEM. Ms. Christine, 1310 E. South Street, South Bend, Indiana, stated that she is a member of the Sierra Club. She spoke on behalf of the members of the Sierra Club in favor of this bill. She noted that 97% of the earth’s water is saline. Clean water is a serious, crucial and vital matter and is in full support of this project. Mr. Mark Eagan, Chamber of Commerce, 401 E. Colfax Avenue, South Bend, Indiana, advised that he be in favor of this project and urged the Council’s favorable consideration. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill and to continue this bill in the public portion until the November 28, 2005 meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 73-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLE 2, SECTION 16-6 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR INCREASES TO RATES FOR COLLECTION OF SOLID WASTE Councilmember Timothy A. Rouse, Vice-Chairperson, Utilities Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Jack Dillon, Ph.D., Director, Division of Environmental Services, 3113 Riverside Drive, South Bend, Indiana, made the presentation for this bill. Mr. Dillon stated that the proposed ordinance relates to rate increases for Solid Waste. The purpose of the increase is to allow the Bureau of Solid Waste to meet its on-going and future revenue needs. Dollars paid into this fund cover the operation, maintenance, debt service, and capital expenses of the Bureau of Solid Waste. The City of South Bend last adjusted rates for its Solid Waste customers in 1994. In the last eleven years, the Bureau of Solid Waste has been successful in improving service, reducing staff and raising the technology of its equipment. The Bureau has piloted closed containers for City residents and has recently gone Citywide with this program. The appearance of our streets and alleys has improved, and we have made huge strides towards becoming a “Clean City”. However, purchasing the 35,000 containers and rising fuel costs have cut into reserves. It is necessary to raise rates in order to sustain the quality service that is provided. The ordinance calls for an eight cents ($0.80) per month increase to rates paid by our regular and multi-family customers. It does not call for an increase to our senior citizens, who are hardest hit by the rising customers. It does not call for an increase to our senior citizens, who are hardest hit by the rising energy costs and other pressures on their fixed incomes. With the increase, the Bureau remains competitive with our neighboring Cities and more than 50% lower than the charges faced in the County. 25 REGULAR MEETINGNOVEMBER 14, 2005 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill and to continue this bill in the Council portion until the November 28, 2005 meeting of the Council. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 74-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 9, ARTICLE 4, SECTION 9-22 PROVIDING FOR LEAF REMOVAL AND COLLECTION RATES Councilmember Timothy A. Rouse, Vice-Chairperson, Utilities Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Mr. Gary Gilot, P.E., Director of Public Works, 13 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that the City of South Bend has had an exemplary leaf collection program to serve its citizens for many years. While the issue has been a controversy in the unincorporated areas, the City has continued to serve the needs in an environmentally friendly way. Mr. Gilot stated that the City provides a cost-effective alternative to burning leaves or burying them in landfill space that could best be used for other materials, by composting the leaves at Organic Resources and produce a product of value. The current rate for releaf in South Bend is 33 cents per month. It covers some temporary labor hires and care of the vacuum and leaf box equipment. It hasn’t covered the nearly 200 hours of effort by the street departments employees to get this task accomplished in the narrow window that Mother Nature gives us between the end of the paving program and the start of snow and ice control. The program has been subsidized by the street department, which is Motor Vehicle Highway gas tax funded. The cost of street department labor and equipment associated with the Releaf effort necessitates an adjustment to fully absorbed fee basis for Releaf to 99 cents per month. This is a 66-cent increase, but still less than a buck a month or $12 per year for a sustainable compliment- generating municipal service.The minor fee will allow us to continue covering the costs of this well-regarded program. Comparative fees under the private enterprise approach to this service in the unincorporated areas are believed to be in the $45-50 range. The City has used attrition to reduce the workforce in the street department by 15 people over the last 5 years because MVH funds would not support prior staffing. We have improved efficiency and upgraded technology and will continue to do so, but must take this financial burden off MVH funding if the City is able to have the resources to deliver the level of service for year-round traditional street department functions like paving, patching, and grading, snow and ice control. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill and to continue this bill in the Council portion until the November 28, 2005 meeting of the Council. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. 26 REGULAR MEETINGNOVEMBER 14, 2005 BILL NO. 78-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $123,586 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S EMERGENCY SHELTER GRANT PROGRAM Councilmember Ann 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. Ms. Beth Leonard, Director, Financial & Program Management, Community & th Economic Development, 12 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that the bill would appropriate Emergency Shelter Grant entitlement funds expected to be received by the City of South Bend for 2006. These amounts were st included in information shared with the Council on September 21 and are the subject of the public comment period held throughout the month of October. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 79-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $28,919 FROM FUND 210, THE ECONOMIC DEVELOPMENT STATE GRANT FUND, FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT ADMINISTRATIVE BUDGET Councilmember Ann 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. Ms. Beth Leonard, Director, Financial & Program Management, Community & th Economic Development, 12 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill would allow for the appropriation of $28,919 from the State Economic Development Fund to help fund the Division of Economic Development’s administrative budget. These anticipated resources were presented as part of the overall Department budget approved by the Council last September. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. 27 REGULAR MEETINGNOVEMBER 14, 2005 BILL NO. 80-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $640,349 WITHIN FUND 212, COMMUNITY DEVELOPMENT FUND, FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT Councilmember Ann 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. Ms. Beth Leonard, Director, Financial & Program Management, Community & th Economic Development, 12 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill would allow for the appropriation of $640,349 in 2006- projected income to the Department of Community and Economic Development from fees, interest income, and staff support contracts. These anticipated resources include staff contracts for several not-for-profits and administration of the federal HOME program. These amounts, along with other allocations are consistent with the total revenues presented t the Council in September. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 81-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $3,167,445.00 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2006, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Councilmember Ann 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. Ms. Beth Leonard, Director, Financial & Program Management, Community & th Economic Development, 12 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill would allow for the appropriation of $3,167,445 in 2006 Community Development Block Grant funds. This action complements the transfer of $1,194,321 in reprogrammed funds and together they allocate new funds in accordance with the 2006 Action Plan of the Housing and Community Development Plan. The 2006 28 REGULAR MEETINGNOVEMBER 14, 2005 HCD Action Plan underwent a 30-day public comment period that expired on October 31, 2005. In addition, the 2006 HCD Action Plan was the subject of one public hearing on October 12, 2005 and two public hearings held on October 13, 2005. Comments received during the comment period and public hearings were taken into consideration in developing the final 2006 HCD Action Plan. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 82-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $1,194,321.00 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 “COMMUNITY DEVELOPMENT” IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Ann Puzzello, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this substituted bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Beth Leonard, Director, Financial & Program Management, Community & th Economic Development, 12 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill would transfer $1,194,321 in Community Development Block grant funds as part of the 2006 Action Plan of the 2005-2009 Housing & Community Development Plan. As you remember, this plan, and the proposed allocation of funds, was made public September 30, 2005 for a 30-day public comment period. The th plan was also the subject of 1 public hearing on October 12 and 2 public hearings on October 13, 2005. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 83-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PLEDGING THE USE OF REVENUES FOR REPAYMENT OF A SECTION 108 LOANS FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO THE CITY OF SOUTH BEND 29 REGULAR MEETINGNOVEMBER 14, 2005 Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Ann Puzzello, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this substituted bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Beth Leonard, Director, Financial & Program Management, Community & th Economic Development, 12 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill would pledge the use of County Option Income Tax dollars as backup repayment for the 11.98M Section 108 loan received by the City from the U.S. Department of Housing & Urban Development. The anticipated use of sale proceeds from the Studebaker/Oliver area, Community Revitalization & Enhancement District (“CRED”), and Sample Ewing Development Area (“SEDA” TIF) to be the actual sources of repayment in the early years, but will use COIT if needed, in the later years. 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 Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Dieter made a motion to rise and report to the full Council. Councilmember Kuspa 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 11:55 p.m. President Charlotte D. Pfeifer presided with eight (8) members present. BILLS, THIRD READING 30 REGULAR MEETINGNOVEMBER 14, 2005 ORDINANCE NO. 9631-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1640 SOUTH BEND AVENUE AND PROPERTY BETWEEN 1612 AND 1640 SOUTH BEND AVENUE AND PROPERTY BETWEEN 1612 AND 1640 SOUTH BEND AVENUE, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Dieter seconded the motion, which carried. The bill passed by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Puzzello). ORDINANCE NO. 9632-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $123,586 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S EMERGENCY SHELTER GRANT PROGRAM This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9633-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $28,919 FROM FUND 210, THE ECONOMIC DEVELOPMENT STATE GRANT FUND, FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT ADMINISTRATIVE BUDGET This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9634-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $640,349 WITHIN FUND 212, COMMUNITY DEVELOPMENT FUND, FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 31 REGULAR MEETINGNOVEMBER 14, 2005 ORDINANCE NO. 9635-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $3,167,445.00 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2006, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9636-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $1,194,321.00 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 “COMMUNITY DEVELOPMENT” IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as substituted. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9637-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PLEDGING THE USE OF REVENUES FOR REPAYMENT OF A SECTION 108 LOAN FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO THE CITY OF SOUTH BEND This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Dieter made a motion to pass this bill as substituted. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 32 REGULAR MEETINGNOVEMBER 14, 2005 RESOLUTIONS BILL NO. 05-129 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 746 DIAMOND AVENUE, SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends this bill to the full Council with no recommendation. Mr. Donald Fozo, Building Commissioner, South Bend and St. Joseph County, Indiana, gave the Board of Zoning Appeals report. Mr. Fozo advised that on October 20, 2005, the Board of Zoning Appeals met regarding this bill. Mr. Fozo further noted that this bill is sent to the Common Council with an unfavorable recommendation by a vote of 3-1. Ms. Maria Munguia, 746 Diamond Avenue, South Bend, Indiana, made the presentation for this bill, with the assistance of an interpreter. Ms. Munguia advised that she is seeking a special exception at 746 Diamond Avenue to allow for an accessory living space to be constructed above the current detached garage. This space will be occupied by her mother-in-law. 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 defeat this Resolution. Councilmember Puzzello seconded the motion which carried and the Resolution was defeated by a roll call vote of eight (8) ayes. BILL NO. 05-130 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1126 W. WASHINGTON STREET, SOUTH BEND, INDIANA Councilmember Dieter made a motion to continue this bill until the November 28, 2005 meeting of the Council. Councilmember Puzzello seconded the motion, which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3533-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 301 EAST SAMPLE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATMENT FOR MOSSBERG & COMPANY INC. 33 REGULAR MEETINGNOVEMBER 14, 2005 WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 301 East Sample Street, South Bend, Indiana, and which is more particularly described as follows: Lots Numbered Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19) and Twenty (20) as shown on the recorded plat of John C. Knoblock’s Subdivision of Out Lot Thirty-nine (39) in Denniston & Fellows Addition to the Town, now City of South Bend, recorded March 28, 1902, in Plat Book 8, Page 69, together with the vacated East-West alley lying between Lots Numbered Fifteen (15) and Sixteen (16); excepting the South Forty (40) feet of Lots Numbered Nineteen (19) and Twenty (20) heretofore conveyed to the Civil City of South Bend, Indiana for street and roadway purposes. Also Lots Numbered Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12) as shown on the recorded plat of William S. Anderson’s Subdivision of Lot Numbered Forty (40) in Denniston and Fellows’ Addition to the City of South Bend, in St. Joseph County, Indiana, together with the vacated East-West alley between Lots Numbered Nine (9), Ten (10), Eleven (11) and Twelve (12), on the North side, and Lots Numbered Three (3), Four (4), Five (5), Six (6), Seven (7) and Eight (8) on the South side, together with the vacated North-South alley lying between Lots Numbered Six (6) and Seven (7); excepting the South Forty (40) feet of Lots Numbered Seven (7) and Eight (8). BUT EXCLUDING: A parcel of land being part of lot 30 as shown on the recorded plat of Denniston and Fellows Addition and part of the East Half of the Southwest Quarter of Section 12, Township 37 North, Range 2 East, all in Portage Township, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the North line of Tutt Street, 22.23 feet South 89 degrees 41’55” East (bearing assumed) from the Southwest corner of said Lot 30; thence South 89 degrees 41’55” East along the North line of Tutt Street, 155.62 feet to a point (295.09 feet, record) North 89 degrees 41’55” West of the Southeast corner of said Lot 30, and being on the East line of the East side of an existing concrete block building; thence North 00 degrees 33’35” East along said East line of said block building, 184.30 feet to the Southerly line of the Consolidated Railroad Corporation right-of-way; thence South 89 degrees 58’00” West along said railroad southerly right-of-way line, 6.79 feet to an angle in said railroad right-of-way; thence North 57 degrees 16’15” West along said railroad southerly right-of-way line, 128.09 feet; thence South 32 degrees 43’45” West, 75.89 feet; thence South 00 degrees 33’35” West, 188.90 feet to the point of beginning. and which has Key Numbers 18-3024-0869, 18-3022-0827, 18-3022-082701, 18-3024- 0897, 18-3024-0898, 18-3024-0899, and 18-3024-0900, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. 34 REGULAR MEETINGNOVEMBER 14, 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 confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Mr. Richard J. Deahl, Attorney at Law, Barnes & Thornburg, LLP, 100 North Michigan, Suite 600 South Bend, Indiana, representing Mossberg & Company, Inc., 301 East Sample Street, South Bend, Indiana. Also in attendance was Mr. Gary Belting, Vice- President of Finance, for Mossberg & Company, Inc. Mr. Deahl advised that Mossberg & Company is engaged in the lithography and printing industry. The company prints and lithographs high quality, close tolerance, color brochures and inserts for the medical products industry, annual and quarterly statements for publicly held companies, and a variety of printing material, particularly for companies with needs for high quality, close tolerance printing. To maintain the high quality standard and cost effectiveness, the company will be purchasing and installing new manufacturing, logistical distribution and IT equipment including an offset printing press, flexographic press, cutter, stitcher and related equipment. The total cost of the new equipment is estimated to be between $5,500,000 and $6,500,000. It is estimated that this project will create four (4) new, permanent, full-time jobs representing a new annual payroll of approximately $166,000. The project will also maintain one hundred and forty-two (142) existing permanent full time and part time jobs representing an annual payroll of $7,670,000. 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. BILL NO. 05-132 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS NUMBERED 100 THROUGH 106, IRELAND WOODS SUBDIVISION, SECTION TWO, PART ONE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ULLERY DEVELOPMENT, LLC 35 REGULAR MEETINGNOVEMBER 14, 2005 Councilmember White made a motion to continue this bill until the November 28, 2005 meeting of the Council, at the request of the petitioner. Councilmember Varner seconded the motion, which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3534-05 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS FROM THE WATER WORKS GENERAL FUND (#620) TO THE WATER WORKS LEAK INSURANCE FUND (#644) WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA WHEREAS, it is necessary to provide funds for the Water Works Leak Insurance Fund No. 644, in order to meet the current operating expenses; and WHEREAS, there are idle funds on deposit to the credit of the Water Works General Fund No. 620, which can be temporarily advanced or transferred to the aforementioned fund; and WHEREAS, Indiana Code 36-1-8-4 authorizes the Common Council of the City of South Bend, by Resolution adopted by such Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such a period of time as may be prescribed in the Resolution. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. The City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $130,000.00 from the Water Works General Fund No. 620 to the Water Works Leak Insurance Fund No. 644. Any such transfers must be repaid by December 31, 2006. FROM MAXIMUM TO Water Works General Fund No. 620 $130,000.00 Water Works Leak Insurance Fund No. 644 SECTION II. Such transfer shall be made for a period of time not to extend beyond December 31, 2006, and any funds so transferred shall be returned and repaid to the Water Works General Fund No. 620. SECTION III. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Timothy A. Rouse, Vice-Chairperson, Utilities Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. John Stancati, Director, South Bend Water Works, 209 N. Main Street, South Bend, Indiana, made the presentation for this bill. Mr. Stancati advised that this bill would allow for the special appropriation of $130,000.00 from the General Fund (#620) for transfer to the Water Works Leak Insurance Fund (#644). The original request of $260,000.00 was made for the year 2005. The fund did reimburse the Water Works $130,000.00, and a balance of $130,000.00 will 36 REGULAR MEETINGNOVEMBER 14, 2005 be reimbursed by ear end 2006. The Water Works General Fund has sufficient money to fund the requested appropriation. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS, FIRST READING BILL NO. 84-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, CARMINE & MARIA MARTINO, NORTHWEST CORNER OF VANESS STREET & WILLIS AVENUE, 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. 85-05 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3747, 3801, 5661 NIMTZ PARKWAY, 3907, 3919, 3920 CRESCENT CIRCLE AND THE PROPERTY LOCATED IMMEDIATELY EAST OF 5661 NIMTZ PARKWAY COUNCILMANIC DISTRICT 1 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 Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 86-05 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF IRONWOOD AND IRELAND (RETENTION TH POND) COUNCILMANIC DISTRICT (5 DISTRICT) 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 Dieter seconded the motion which carried by a voice vote of eight (8) ayes. 37 REGULAR MEETINGNOVEMBER 14, 2005 BILL NO. 87-05 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF KENWOOD AVENUE, LINDEN AVENUE, LAWTON AVENUE AND 4 NEARBY ADJACENT ALLEYS This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 88-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 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 November 28, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 89-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 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 November 28, 2005. Councilmember Kuspa 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 th Councilmember Tim Rouse advised that he had attended the 7 Annual African- thth American Male National Conference that was held October 26 through the 28, 2005 at the Hilton Hotel, Indianapolis, Indiana. Councilmember Rouse stated that the African- American Male National Conference is committed to the stability and continuing growth of the African-America family. This national conference will play an integral role in assuring that every African-American male has the opportunity to reclaim his role in strengthening the African-American family and community. This year’s conference will focus on Education vs. Incarceration, issues relating to Black males enrollment in high education versus Department of Corrections incarceration. They explored education and correction statistics, drop out/suspension rates, recidivism and other concerns that affect Black males. Councilmember Rouse stated that the Conference was well attended and very informational. 38 REGULAR MEETINGNOVEMBER 14, 2005 Councilmember Pfeifer advised that the South Bend Local Government Academy was held on Wednesday, November 9, 2005. Councilmember Pfeifer stated that the participants explored the different aspects of City Government, gaining a unique st perspective on a 21 Century City in action. A mock Council Meeting took place and a resolution was on the Agenda for discussion and vote. Councilmember Pfeifer thanked the City Clerk John Voorde and his staff for a wonderful job. She stated that the Academy was well attended and everyone who participated had an enjoyable evening. Councilmember Pfeifer also stated that on December 1, at 5:30 p.m. at I.U.S.B., there will be a reception honoring the late Rosa Parks. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 12:29 p.m. ATTEST: ATTEST: _________________________ __________________________ John Voorde, City Clerk Charlotte D. Pfeifer, President 39