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HomeMy WebLinkAbout11/26/07 Council Meeting MinutesREGULAR MEETING NOVEMBER 26, 2007 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 12, 2007 at 7:00 p.m. The meeting was called to order by Council President Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS Present: Derek D. Dieter Charlotte Pfeifer Roland "Randy" Kelly Ann Puzzello David Varner Al "Buddy" Kirsits Timothy Rouse Karen L. White 1st District 2nd District 3rd District 4th District Vice-President 5th District At-Large At-Large President At-Large Chairperson Committee of the Whole Absent: Ervin Kuspa OTHERS PRESENT: 6th District John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney 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 November 12, 2007, meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember Puzzello made a motion that the minutes of the November 12, 2007 meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:02 p.m. Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. 1 REGULAR MEETING NOVEMBER 26, 2007 Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS (Bill No. 61-07 Council Portion Only) BILL NO. 61-07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1905 COLLEGE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to hear the substitute version of this bill. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kirsits, 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 a favorable recommendation. Kathleen Cekanski-Farrand, Council Attorney advised that under Indiana Code §36-7-ll- 6, "...buildings, structures and sites classified as historic...mustposess identified historic or architectural merit of a degree warranting their preservation. They maybe further classified as: (1) outstanding; (2) notable; or (3) contributing..." She further noted that "A local landmark is a building, site, landscape, structure, object or are that demonstrates the historic and/or architectural significance of a period in South Bend, Saint Joseph County, the region, the state, or the nation." The Common Council is required to review the proposed ordinance requesting a local landmark designation based on the following criteria: "... on historic or architectural significance, or both". She stated that is should also be noted that the Common Council has also focused its discussion on whether a building or structure was a local landmark by considering: Embodiment of elements of architectural design, detail, material, or craftsmanship which represent an architectural characteristic or innovation, suitability for preservation and identification with the life of a person or persons of historical significance. Local landmark designations are in effect a zoning overlay. Ordinances requesting landmark designation do not receive any review by the Area Plan Commission. Councilmember Rouse advised that this bill was one of the toughest issues that he has been involved with since being on the Council. He stated that there have been good points raised on both sides and that the middle ground to this issue could be found, with more dialogue. He noted that the children are the first priority. Councilmember Rouse stated that he will be voting in favor of land marking Marquette. Councilmember Puzzello advised that she toured Marquette, Madison, and Harrison Primary Centers. She noted that when touring Marquette it was quiet evident that the building is an old structure that is in dire need of repair. When touring Madison, she recalls hearing the phrase "this is a problem, but we can work it out." She stated that the last tour was of Harrison Primary and the new building is beautiful, bright, and cheery and they have incorporated some of the old bricks and medallions into the new structure for some historic nostalgia. She reiterated that the children should be the first priority when dealing with this issue and with this new state of the art building, the children are learning more efficiently and faster. She stated that she would be voting against land marking for Marquette. Councilmember Varner stated that the cost differential is not that significant. He stated that his personal preference is to keep Marquette because it does have historic significance and that is met by the WPA connection. 2 REGULAR MEETING NOVEMBER 26, 2007 Councilmember Dieter thanked Councilmember Kirsits for all his work in conducting the tours of the schools and holding various public meetings to gather all the information needed to make this decision. Councilmember Dieter stated that he will be voting in favor of land marking Marquette School. Councilmember Pfeifer agreed that this decision is the sole job of the Council. She noted that in the past there has been a check list of criteria that needed to be met to declare whether a building has historic significance or not. She advised that she will be supporting the landmark designation, because she believes that sometime the past is sometimes forgotten. Councilmember White advised that she fully supports the education system and the South Bend Community School Corporation (SBCSC.) She stated that the SBCSC knows the needs of the children and the programs that need to be met. She believes that the children need and deserve a new building. She stated that she will be voting against land marking Marquette. Councilmember Kirsits thanked everyone involved, Councilmembers, Historic Preservation Staff, and the South Bend Community School Corporation for their time and tremendous effort in gathering all the information needed to make this decision. He advised that as for his decision on whether or not Marquette has an historic or architectural significance would be the WPA connection. He stated that he does not believe that the building meets all the historic criteria. He stated that he won't be voting for historic designation. Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Rouse seconded the motion which carried by a roll call vote of five ayes (Dieter, Pfeifer, Kelly, Varner, Rouse) and three nays (Puzzello, White, Kirsits) BILL NO. 76-07 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF LAFAYETTE BLVD. FROM THE NORTH RIGHT OF WAY LINE OF IRELAND ROAD NORTH APPROXIMATELY 261 FEET WITH A VARIED WIDTH LOCATED IN THE SOUTHWEST PORTION OF THE CITY OF SOUTH BEND, INDIANA IN THE 6TH COUNCILMANIC DISTRICT Councilmember Varner, Chairperson, Public Works and Property Vacation 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. Pam Horvath, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill on behalf of the owners Gates & Gates Realty LLC and Caroline Partners LLC.. Ms. Horvath advised that the petitioners are requesting the approval of the vacation of a portion of the East side of Lafayette Boulevard located on the northeast corner of Ireland Road and Lafayette Boulevard and approximately 261 feet running north of Ireland Road and 15 feet east of Lafayette Boulevard. The reason for this request is the result of the recent realignment of Lafayette Boulevard. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. REGULAR MEETING NOVEMBER 26, 2007 Bill Schalliol, Community & Economic Development, 12th Floor County-City Building, South Bend, Indiana, stated that the Community & Economic Development Department supports this bill and considers this a house keeping measure. There being no one else present wishing to speak in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 78-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2007 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. Additionally, Councilmember Dieter made a motion to continue this bill until the December 10, 2007, meeting of the Council at the request of the petitioner. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 79-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2007 Councilmember Varner made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Rouse made a motion to continue this bill until the December 10, 2007, meeting of the Council at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 80-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $250,000 FROM THE LOCAL ROAD AND STREET ACCOUNT (FUND 251), FOR PRECONSTRUCTION COSTS TO IMPROVE STREETS AT AND NEAR THE INTERSECTION OF IRONWOOD DRIVE AND MCKINLEY AVENUE Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this Committee met this afternoon on this bill and sends it to the full Council with a favorable recommendation. Mr. Gary Gilot, Director, Public Works, 13th Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that this bill would appropriate $250,000 from Fund 251, Local Road and Street Account. This appropriation would cover the pre-construction improvements 4 REGULAR MEETING NOVEMBER 26, 2007 to the intersection of Ironwood Drive and McKinley Avenue and the approaching streets for about one block in each direction. This request for funds is part of $2,000,000 from INDOT to fulfill their agreement to improve this intersection as part of the jurisdictional transfer of U. S. 20 to the City of South Bend. 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. Patrick Myers, 1120 Lincolnway East, South Bend, Indiana spoke in opposition to this bill. Mr. Myers advised that this intersection had already been looked at and much discussion had taken place. He noted that there have been numerous public meetings and discussions with residents in the surrounding area who are not happy with the proposed plan. Mr. Myers stated that he believes this bill would allow duplication of funds being spent on a project that has not met the needs of the residents in the area. There being no one else present which to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favor recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 71-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE IV, SECTION 4-30, TITLED HOTELS AND MOTELS, OF THE SOUTH BEND MUNICIPAL CODE Councilmember Puzzello made a motion to continue this bill until the December 10, 2007, meeting of the Council at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 77-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, OF THE SOUTH BEND MUNICIPAL CODE TO ADD SECTION 37.1, TO REQUIRE REGISTRATION AND MAINTENANCE OF VACANT AND ABANDONED BUILDINGS Councilmember Dieter made a motion to hear the 2"d substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Health and Public Safety Committee, reported that this committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. Councilmember Pfeifer made the presentation for this bill. She thanked the Council and everyone involved in the culmination of approximately five (5) years worth of research and work that went into the creation of this bill. She thanked Jeff Vitton, Ann-Carol Nash, Cathy Toppel, John Murphy, George Adler, Bob Allen, Pam Meyer, Kathy Cekanski-Farrand. She noted that they met various times over the summer. She also thanked the Near West Side Neighborhood Association, Rum Village Neighborhood Association, The LaSalle Area Neighborhood Association, LaSalle Park, Monroe Park, Edgewater, Northeast Neighborhood and the Lincolnway Corridor Neighborhood Association. She stated that she held presentation for all of these neighborhood groups and they all support this bill. She stated that the City already has existing laws that help the City with Code Enforcement and vacant and abandoned homes. But there were some REGULAR MEETING NOVEMBER 26, 2007 holes in the legislations. She noted that they had come up with two plans derived from concerns of people living in the neighborhood to deal with vacant properties within the community. The first is the dollar house program. The second is tearing down houses that are beyond repair. This is what has been referred to as the third leg to those plans and she believes that it will make a significant difference. The proposed bill defines what a vacant property is and what an abandoned property is. Anyone who has a vacant or abandoned property is required to have liability insurance. That means that if you live next door to a vacant or abandoned property and it catches on fire and burns the neighbors property, the person that owns that home will have liability insurance that will pay for the damage done to the neighbors property. The owner of a vacant or abandoned property will have to have a designated person who manages the property that lives within fifty (50) miles. She noted that there are a lot of people who live outside the community, some very far away and then there are those that live locally, but the bill stated that they must have a designated person that will respond to any problems on the property. The bill also requires that people have some uniformity in boarding up their homes. They will have to contact the Department of Code Enforcement, they cannot just through something together, they need to make sure that it is safe and secure, so that vagrants, drug dealers, and people who want to do inappropriate things in the neighborhoods cannot just go and squat on a property. There also needs to be a plan to bring these kinds of properties back into use. She stated that the purpose of this ordinance is to bring buildings back into productive use. For a period of time there will be free registration, so they are really hoping that people will celebrate this and cooperate and register and to reward them there won't be any charge for registering for awhile. Councilmember Pfeifer stated that she along with several city officials attended a conference on vacant and abandoned housing in Pittsburgh, PA. She stated that there were people from all over the country who attended. The good news is that vacant and abandoned property isn't just a South Bend issue. She stated that is the good and bad new and that South Bend isn't the only City that it is happening to, it is happening all over the country. A lot of the problem stems from the unsavory mortgage lenders who conspired consciously to take advantage of people. There are a variety of other reasons to blame also. She believes that this is a good bill; a lot of good work went into this ordinance. She stated that anyone that has a problem property needs to contact Code Enforcement or the Mayor's Office, because the City has all kinds of programs to help people, but there are some people who don't care about neighborhoods, don't care about the City of South Bend and they own property and allow it to fall is disarray. They have no intention of fixing the property up and so those are the people that this kind of legislation is going after. 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. Jeff Vitton, Community & Economic Development, 12th Floor County-City Building, South Bend, Indiana, stated that the CED supports this bill because it supports a goal in City Plan that is to identify vacant and abandoned properties and bring them back to productive use that is located in the Housing Chapter of City Plan. He stated that it is very important to have updated information on what properties are vacant and abandoned. Mr. Vitton stated that it is very important to have updated information on the location of vacant and abandoned housing. He quoted from a study called Terra Incognita Vacant Land and Urban Strategies "Without a viable database containing information about derelict property throughout a city a systematic response to vacant will prove elusive and policy will likely fall short of the intended effect for decision makers both public and private to design successful strategies information about vacant land and abandoned structures needs to be accurate timely and computerized." Basically what the study is saying is to utilize the other programs that the City has at it disposal like the abandoned building demolition and the dollar house program this will compliment those programs very well. Ms. Ann-Carol Nash, Assistant City Attorney, 14th Floor County-City Building, South Bend, Indiana, stated that she had the pleasure of working with Councilmember Pfeifer and all of the people that she mentioned and it was a delightful collaboration and is very pleased to be able to bring all of the insight and various strengths that were brought to the 6 REGULAR MEETING NOVEMBER 26, 2007 table. This proposed bill dovetails and works so well with what the City already have in existence and gives an additional tool and also helps use the tools that are already in place to enforce the unsafe building act. She stated that she believes that this bill will work really well and Code Enforcement will be able to do the important work that it does to enforce this. She urged the Council's favorable consideration. Ms. Catherine Toppel, Director, Code Enforcement, 13th Floor County-City Building, South Bend, Indiana, stated that her department has been working for five (5) years reviewing various registration across the nation, landlord registration, tenant registration, vacant property registration and rental registration in general. This ordinance will be an additional tool that her department can utilize in documenting vacant and abandoned homes within the City. In addition, this ordinance will require a local contact person to be appointed within fifty (50) miles and that the City will have access to this person. She stated that her department faces large obstacles everyday. One of the biggest obstacles that they face is finding a local contact for a property that is vacant and abandoned. This ordinance will require corporations, land trusts, the LLC's to appoint a local contact person. She stated that the City has many of those organizations that they attempt to work with everyday and they don't know who to contact. She is targeting the worst of the worst with this ordinance that is why it is consider the vacant and abandoned home structure ordinance. This is not for someone who is trying to sell their property that has been taken care, this is the worst of the worst. She stated that questions have been raised about enforceability, inspectors within the Department of Code Enforcement will be received mobile hand held wireless units which will give them direct access to the database within the Department of Code Enforcement on the 13th Floor of the County- City Building. They will have immediate information available, along with training that will be necessary and provided for by the company with whom the units will be purchased. She stated that she is aware that this will be a learning experience for everyone and some quirks will have to be worked out. However, this will eliminate an estimate of half of the paperwork that they are producing, currently when they are out in the field the inspector might not recall exactly whether a property had been sighted. They don't know if what they are inspecting is new trash, old trash, has that house been vacant recently or has it been a week, because they are out there everyday. This hand held unit will give them immediate access and not having to write out a separate ticket each time that they are out in the field. In addition, this ordinance requires certain boarding requirements be put in place. These requirements mimic the current requirements that are currently being written to be put into the international property maintenance code in February 2008, when they will be voted on. Those requirements are being written by the International Code Council which governs building codes, fire codes, electrical, heating etc. Sothis is not something new as far as the boarding requirements are concerned. Those requirements will help prevent access to the vacant homes and help prevent the vandalism that occurs in these vacant and abandoned homes. She stated that the Department of Code Enforcement is in full support of this ordinance. Ms. Lois Spaulding, 1124 N. Meade Street, South Bend, Indiana, stated that the vacant and abandoned ordinance is needed something has to be done to get the landlord attention who think that they can just abandon their properties. She stated that there are vacant and abandoned buildings and houses throughout the City, and although she has lived on the northwest side of the City her entire life she seen her neighborhood deteriorate drastically. There are not only empty houses, but vacant and abandoned houses as well. She stated that there are seventeen (17) houses on her block with eight (8) only being owner occupied, the other nine (9) are rental houses and two (2) are occupied. Eight (8) of the rental properties have landlords that are not visible only one (1) rental property has a landlord who keeps his property up. She stated that she saw this landlord and told him that she really appreciated all the hard work he has done to keep this property up. The other eight (8) rental properties are deteriorating and the landlords are absent. One rental burnt four to five weeks ago and the landlord has done nothing to clean up the burnt mess in the front yard. The house is now a burned out shell with no landlord in sight, and as a matter of fact lives out of state but supposedly has a local agent to take care of it and both have done nothing. She stated that she has called to complain about the renters when she was finally able to track down a phone number. The landlord proceeded to tell her that he did not have a clue what was going on at his own property. He stated that he has 7 REGULAR MEETING NOVEMBER 26, 2007 never even been to this property. This ordinance is a step in the right direction to make the bad landlords accountable for their properties. She has no respect for landlords who make no effort in keeping their properties up and who have abandoned their properties. It brings the neighborhood and property values down. Bad landlords need to be held accountable for their actions. She requested the Council to pass this ordinance. Ms. Ann Mannix, 724 W. Washington, South Bend, Indiana, stated that property owner is aright and it is also a responsibility. Irresponsible property owners are an obstacle to future development. She stated that she makes a living doing real estate development and it is very difficult to buy property in older neighborhoods. There are owners who are listed on the record and cannot be found anywhere. If you cannot find an owner or a contact person, you can't see if the property is for sale. Most times these properties are not paying taxes and are just sitting there. She stated that there is a three year waiting period just for the property to go up on tax sale. Ms. Patty Hill (1500 Block) Webster Street, South Bend, Indiana, stated that she lives in the Rum Village Area. She advised that she purchased her home fifteen years ago, and at that time there were three (3) rental properties and the other homes were owner occupied. Today, there are only three owner occupied homes left on the block and the rest are rental properties. There are four (4) homes that have been boarded up, one (1) that no one has lived in since she purchased her home fifteen (15) years ago and it is right next door to her. She feels that it is very important that the Council takes a really close look at this bill. She stated that just recently she had decided that she needed to move to a home that had less yard work and had the home appraised to put on the real estate market. She stated that the appraisal came in $20,000 less than what she purchased it for. When she questioned the appraiser, he stated that it was the condition of the neighborhood that brought the appraised value down. Mr. Al Heet, 2118 Kemble Avenue, South Bend, Indiana, stated that he is in favor of this bill. If this bill doesn't get passed at the Council level nothing will get done. He stated that there needs to be cooperation between the City, Neighborhoods and the Citizens. Mr. Heet advised that it is time to take back our City, its time to say to the worst of the worst that it is "time to get out of Dodge!" Ms. Linda Wolfson, 809 Pak Avenue, South Bend, Indiana, advised that she is here tonight to deliver a statement from a citizen's organization named the Community Forum for Economic Development. The Community Form for Economic Development welcomes and supports the abandoned building ordinance. This ordinance targets problem properties and identifies local owners or local property managers who can be held accountable for the day to day conditions of these properties. It offers an important tool for enforcing the housing codes and improving the quality of life in the neighborhoods. Improving the quality of life in the community provides an important incentive for future economic development. Since most new and expanding employers seek safe and vibrant neighborhoods which their employee can live. The potential benefits from this ordinance will not only be experienced in the neighborhood where these abandoned properties are concentrated, but will be felt throughout the City of South Bend. Ms. Noreen Dean-Moran, 716 W. Colfax Avenue, South Bend, Indiana, stated that she is the President of the Near West Side Organization which encompasses William Street to Walnut Street and Western Avenue to Lincolnway Avenue. She stated that she sincerely hopes that the Council gives favorable recommendation to this ordinance because it seems like a shining light in the darkness of mess. They have had Land Trust's in her neighborhood for years, one time it took fifteen years for the various banks and connections to find out who actually owned the house, it turned out that it was not only abandoned, but being allowed to be lived in by vagrants who therefore were breaking the windows on surrounding houses and there was nothing anybody could do. She stated that there is a house on LaSalle Avenue which has been completely vacant for close to twenty years it's a lovely home people want to buy it, it's not available for buying, and it has just recently been sighted by the Department of Code Enforcement and in its monitoring system. The house sits there without an ounce of paint on it; the foundation is crumbling 8 REGULAR MEETING NOVEMBER 26, 2007 and so forth. The people who are against this betray themselves in her view because they don't want people to know they own it. Their reasons for not being forward are all ones that show people that they don't want to be held accountable. She stated that when you own property the least a city or a community can do is know who owns it or who is responsible for it. The inner city neighborhoods have been plagued by careless owners who want to maximize their profits not all owners of properties are careless, but there are those that are. The simple thing of being registered and knowing who owns a property is a simple thing. She urged the Council to vote on this bill favorably. Ms. Maureen Boulton, 625 W. Colfax Avenue, South Bend, Indiana, stated that this bill is something that will help both the City and the residents of neighborhoods. There is no legitimate reason for wanting to hide one's ownership. She stated that she lives in an area that is marred by vacant and derelict buildings and is completely in favor of any kind of legislation that helps the City move forward to allowing these things to be brought up to standard. Ms. Kay Blower, 1723 Kemble Avenue, South Bend, Indiana, stated that she has lived in the Rum Village Neighborhood for over fifty years, in a block that was warm, friendly, everyone respected each other. Now, she has three empty houses, two are boarded up. She advised that the house next door to her that was inhabited by good people, paying $700.00 a month rent and the landlord said that they couldn't afford paying the taxes and the mortgage payment with that monthly rent. The house went back to the bank and sold for foreclosure. The house was sold for peanuts, and soon after that the people that were renting were evicted. There was never a sign put up for sale or for rent. She stated that she believes that the home was not purchased for those intents, it sat empty, and then shortly after that the windows were broken out. Ms. Blower advised that she called Code Enforcement immediately and they worked very quickly and boarded up the windows. She stated that it took quite a long time to find out who owned the house. The owner is a corporation in California, making this an absentee landlord situation. Ms. Blower stated that this bill is very much needed in helping the various departments with another tool to help stop the vacant and abandoned home situation in the City. There was no one else present wishing to speak in favor of this bill. The following individual spoke in opposition to this bill. Ms. Karen Roush, South Bend/Mishawaka Board of Realtors, 1357 Northside Boulevard, South Bend, Indiana, stated that she has been a full time realtor since 1976, Past President of the South Bend/Mishawaka Board of Realtors, a current director, and President of the Multiple Listing Service, with an active membership of 850 people. She stated that she is not opposed to this ordinance totally just a few details in the ordinance. She advised that it is not the vacant houses that are the problem it is why the houses are vacant. Working together to correct real estate taxes in the area of modestly priced homes, then the investors, the owners, the tenants could be brought back. At this time the foreclosure rate is at an all time high, especially in the modestly priced homes. Landlords cannot raise their rents enough to compensate for high real estate taxes, tenants can't afford to pay the rents nor can homeowners who actually want to live in their own home afford those taxes. She stated that she has statistics that she can show the Council the values of these homes have sold for versus assessed value, that's a real problem. She noted that in addition to correcting the real estate taxes, enforcement of the recycling ordinance needs to be looked at so that thieves will think twice about stealing copper from these homes. By lowering the crimes rates in these neighborhoods the City can begin to bring homeownership back. The owner's of the abandoned and vacant home will not pay these fees only responsible owners will pay. It would be much more beneficial for South Bend to offer programs like they did in the mid 90's in the Monroe Park Area, that area all came back. She advised that if Code Enforcement would work a little bit more with everyone and understand that fines and tickets from 2001 have no bearing on the foreclosure company or the bank that just took back the home and has the responsibility of selling it. She stated that she has list of 501 homes in South Bend that are currently listed as vacant plus another estimated 300 that are vacant and not listed as such in the MLS System. This figure does not include any vacant home not for sale in the Multiple 9 REGULAR MEETING NOVEMBER 26, 2007 Listing, which by the City's count could be several hundred. She stated that she would expect if this ordinance is passed that all vacant homes would have to comply, not certain neighborhoods. She stated that she believes it is not the Council's intent to have the homeowner that has been transferred and perhaps their home is for sale for more than 90 days, that it should be considered an abandoned home and have to hire a property manager. The definition of abandoned is to give up completely to desert. Homes are taking longer to sell in this marketplace and 90 days is not unusual. These homes are not deserted they just don't have residents at the moment. Ms. Roush questioned by estate situations would be excluded, that is confusing to her. There are responsible parties for homes that are left in an estate. If the City chooses to give exclusions to estates, then why not exclude homes in foreclosure, and perhaps those in the hands of bankruptcy trustees. As far as availability 24 hours a day, she shared the instance that she got up in middle of the night to take care of a property because the neighbor called and said that it had been broken into. She stated that she was the one that had five shot guns pointed by the SBPD, they were doing their job, but she was in their scope. Ms. Roush stated that she is dedicated to her career, but she cannot do anything in the middle of the night, so she stated that someone like here could not be available 24 hours a day. She stated that is an unrealistic goal. She stated that insuring vacant homes has been a problem, it is unrealistic that they have to find at any cost and insurance company to insure vacant homes when even the State of Indiana in their insurance pool will not insure vacant homes. If the City forces vacant homeowners to insure their property for liability then the occupied homes must do the same. Unfortunately, the occupied home could burn down and damage the vacant home as easily as the vacant home could burn down and damage the occupied home. The City has access to the seller disclosure form that is filed with the St. Joseph County Auditor. The names and phone number of the seller and buyer are listed on the form. She noted that the bottom line is that the careless homeowners are not going to voluntarily register their properties. She compared this ordinance as it is written today in comparison to eradicating mold, if you don't take care of the water problem, you won't get rid of the mold. If you don't take care of why the houses are vacant, the problem of vacant homes will not be solved. Mr. Michael Rans, 1109 E. Wayne, South Bend, Indiana, stated that he is the President Elect of the Greater South Bend/Mishawaka Association of Realtors. He stated that he is not totally against this ordinance, but thinks that it has not been totally thought through. He stated that there are people who go to Florida for several months out of the year. He questioned whether those owners would have to register their homes and questioned whether those people would want others to know that they are not home. Mr. Rans would like the bill tabled until more information and input could be brought to the table. He stated that he is against the way the bill is written today. Mr. Raymond Kerr, 1334 Roelke Drive, South Bend, Indiana, stated that he owns three properties in the City of South Bend. He stated that he just paid over $8,500.00 in property taxes to the St. Joseph County Treasurer's Office on November 13, 2007. He also owns a property at 240 S. Meade St. Mr. Kerr stated that it sadden him very much to learn from an employee who contacted him recently that his mother house was used as a backdrop for a new story that WNDU ran about vacant housing in South Bend. He stated that this home is not vacant; he resided in it himself, until February 2005. He noted that he wised to remain in the home, because he believes that he was a positive role model in the LaSalle Park Area. However, the reason that he moved from that home was because of the odor problem that originates from the sewers that passes along Meade Street. It is the same sewer problem that has plagued St. Adalbert's Church and School. He noted that the odor almost knocked out several police officers' that were investigating a crime on Olive Street. This odor comes from the Ethanol Plant which the pipe passes along Calvert St. heading east it comes up north on Olive and passes Meade St. just one block from St. Adalbert's. The home has this odor permeating from it and in good faith could not rent to anyone or sell it to anyone. Mr. Kerr stated that per his physician he should not live in it. He stated that both of his parents died in this home with that odor. He stated that his mother's caregiver sought to get something done about the odor. Anew line was run from the home to the street, but that did not correct the problem. Mr. Kerr stated that the problem begins at the Ethanol Plant. He stated that he is not against the Ethanol Plant and all the jobs that it brings to the community nor is he against the 10 REGULAR MEETING NOVEMBER 26, 2007 ordinance, but just some of its contents. He stated that this property is vacant and his hands are tied because he can't do anything with it. He stated that he has the resources to keep the property up, but that seems foolish to him, because he can't even rent out the property much less sell it to anyone. The odor smells just like wastewater treatment plant on Riverside Drive. He referred to the new Walgreen's Drugstore that was just built at Cleveland and Bendix Drive having the same odor problem, because it is the same sewer line that passes from his home on Meade Street connects to the new Walgreen's store. He stated that he has an office on Portage and Cleveland and when the Meijer and Wal- Mart stores were built the same odor problem occurred. The City replaced the entire sewer system east to Riverside to alleviate the problem. He urged the Council to table this ordinance to refine it to make exceptions for those impossible situations. Mr. Steve Eslinger, 517 Triagon Building, stated that he is an attorney licensed to practice in this State and is not here tonight to speak on behalf of any client, he is here to speak on behalf of himself. He stated that he has great concerns for the future of South Bend. He resides here, has his business here, and has several rental properties in the City. He stated that he is very concerned about the impact of this ordinance on the back on the extraordinary increase in property taxes in this area. This city is struggling as are many cities are struggling with vacant and abandoned properties and there is absolutely nothing in this ordinance that will stop that. The abandoned properties in this community just like all other communities are being caused by economic circumstances. He noted that there cannot be legislation against economics. These vacant and abandoned homes are that way because of the people who own them. The economics are not such as they can continue to maintain them. Passing this ordinance is not going to help in that regard. There is a state statute in Indiana concerning safe housing and that statute is very well handled by the Department of Code Enforcement. He stated that he has the greatest respect for these people; they are the finest in the State. They do an excellent job and that statute gives them the mechanism that they already need in order to enforce safe housing in this city. Registering people who have let their properties go abandoned because of economic circumstances is counter productive and it is going to drive away investment capital from this which is exactly what is not needed. Ms. Pam Colen, owner, Deb Thompson Real Estate, 1104 Mishawaka Avenue, South Bend, Indiana, stated that she currently is handling quite a few bank foreclosed properties in the area. She stated that she agrees with some parts of this bill; however there are other parts that she disagrees with like boarding up of homes is not going to fix the problem in this area. She stated that she has fifty properties that she is currently trying to get Code Violations from Martha. She stated that she doesn't get any help from the Department of Code Enforcement. Ms. Colen stated that she has two properties that are supposed to close tomorrow and because of the past fines that are on these properties from Code Enforcement they won't be able to close because Code Enforcement won't work with her. This bill won't fix the problem, property taxes in this area are high, something needs to done with the properties that are vacant and abandoned, but the way that this bill is written is not going to help. Mr. Larry Limpkee, Homeworks Investments, Inc. 2913 Mishawaka Avenue, South Bend, Indiana, stated that he is a local investor that buys sells and rehabs property in the South Bend area. He stated that does feel sorry for those people who have to live by the vacant and abandoned properties. However, when the civil penalties exceed the value of the home it make no sense in fixing up the home because there are thousands of dollars in civil penalties cited by Code Enforcement, who stated to him that they would like to see the banks pay for it because it is their own fault for loaning the money on these homes. Mr. Limpkee stated that he would like to something change in the way Code Enforcement goes about penalizing the old owner versus the new owner. Mr. Limpkee stated that when a new owner buys the home she or she should not be penalized for a prior owner's violations. He stated that he just recently paid to the Department of Code Enforcement violations on a home he just purchased going back to 1982 and 1983. He noted that is going back too far and that is one of the reasons that vacant and abandoned homes are not being sold and fixed up because people trying to purchase these homes are being penalized for a prior owner's violation. He stated that this bill is not going to have the effect that the City thinks it is going to have. 11 REGULAR MEETING NOVEMBER 26, 2007 Mr. Pat Myers, 1120 Lincolnway East, South Bend, Indiana, stated that he grew up in South Bend when it's population was over 140,000 today the cities population is just over 100,000. He stated that his concern with this ordinance is that it is not going to fix the long term problem. Mr. Myers stated that bringing back the dollar house program is not going to fix the housing problem in South Bend. This program is not going to bring back homeownership to the City of South Bend. The Council needs to put forth legislation that addresses the future and put something together to be used as a long term guideline. Mr. Bryan Sharpe, on behalf of Complete Property Resources of Michiana, 115 S. Lafayette Boulevard, South Bend, Indiana, stated that over the past seven years since he has been with this company he stated that they have saved several hundred homes from demolition in this area. He thinks that registration of properties is just a witch hunt. When people register their homes, it is going to be like putting a target up. Once that property is registered the Department of Code Enforcement will be on that property. Mr. Sharpe stated that Code Enforcement has all the tools available to them. Policing the properties once a week is not going to work, he noted that he went into a home at 1018 Napier just a few weeks ago and as he was entering the property from the front two guys were running out the back, they had striped the property clean. He stated that the Council is asking the homeowner to do the job of local law enforcement. Mr. Sharpe urged the Council to take a look at the whole perspective before a vote is taken on this bill. Mr. Steven Kollar (no address given), stated that he buys and sells properties in the area. Mr. Kollar agrees with some of the point that Councilmember Pfeifer made tonight. He stated that he lost a couple of homes because of the house next door being vacant and burning down and damaging his property. Mr. Kollar stated that getting insurance on vacant and abandoned homes is going to be very difficult. He stated that on his properties alone he averages one claim every other week of someone breaking into the home and vandalizing the home. Insurance companies would cancel the owner with those many claims. He stated that he is against the bill the way it is currently written. He would like to see the bill go back to the committee and have more input from the individuals who spoke here tonight. Mr. Kollar stated that he does not want to see South Bend turn into Gary. He agrees something needs to be done but there is a much bigger problem here that has to do with social and economic issues. He noted that something has to be done with prior code violations. He stated that some financial institutions will bring money to the table to close the transaction. But between code fines and back taxes most banks will just walk away. He stated that some of the provisions in this bill need to be changed before it is passed. He stated that he is not in favor of the bill the way it is written today. Mr. Mark Kramer, owner Kramer Properties, 812 E. LaSalle Street, South Bend, Indiana, stated that he is not against the ordinance, but it needs to be further investigated before the Council is to put it to a vote. He stated that he started in the rental business over twenty years ago. He stated that he began investing on the west side of South Bend. After several years he discovered that there was such a high crime rate on that side of town and was unable to rent the properties. He stated that he sold those properties and started investing in the northeast neighborhood and found a niche market with student housing. He stated that now he is facing the same kinds of problems, high taxes, in the amount of $300,000 this past fall. He stated that he is one of the lucky ones that have the cash flow currently to substantiate that, it deeply cuts into the profitability of any company to have to pay those kinds of property taxes. Mr. Kramer stated that is part of the problem and crime is the other. He stated that he just recently moved students out of the Monroe Park Area because they were robbed at gunpoint and crack deals going on in the alley behind Carroll Street. He stated that these homes are vacant and abandoned because of the high taxes and high crime rates in the City. These problems should not be on the owners. He stated that he has employees driving to all his rental properties checking for trash, debris and any maintenance issues and addresses them immediately. He stated that as an owner of these properties he had to take it upon himself to hire a security company to patrol his properties at a cost of $40,000.00 a year on top of the $300,000.00 year he pays in property taxes. The problem is not necessarily bad 12 REGULAR MEETING NOVEMBER 26, 2007 landlords; there are a lot of good landlords in this community. The problem is high taxes and high crime. Mr. Thomas Burnett, 18907 Cleveland Road, South Bend, Indiana, stated that he owns a vacant house in South Bend. He stated that he cannot sell the home because of the crummy neighborhood that it is located in. He would like to sell the home but cannot find anyone who wants to buy it. Mr. Burnett stated that he pays the taxes on the home, keeps the property up by mowing the grass, trimming the bushes, and just recently repairing the roof. He feels that bypassing this bill tonight he is going to be penalized because the house is vacant and he cannot sell it because of where it is located in a high crime area. He urged the Council not to vote on this bill tonight. Mr. Dave Smith, 115 N. Lafayette Boulevard, South Bend, Indiana, stated that he contacted the President of the Real Estate Investor Association of North Central Indiana a group that has been around for about seventeen year and asked if she has been contacted or involved in any of the discussion on the creation of this ordinance. He stated that Councilmember Pfeifer stated that this bill has been in the works for at least five years. He was very surprised that no one had contact the Real Estate Investor Association of North Central Indiana to ask for some input on this bill. He stated that he is against registration and singling out vacant property owners. He believes that all homes vacant, abandoned or owner occupied should be registered. Mr. Smith always thought of landlords as the men and women in white hat's coming to the rescue of the cities and properties by taking care of them and fixing them up and renting them out. The one thing that he noticed tonight is that there are parts of town that cannot be rented out anymore. He stated that there are a lot more apartment complexes built within the last few years outside of the city limits and they maybe part of the blame. Mr. Smith noted that high property taxes along with the high crime rate are the other part of the vacant and abandoned property problem in South Bend. He would like the Council to sit down with the various individuals who are present tonight and rework the ordinance. He stated that as the bill is written tonight he is against it. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Councilmember Pfeifer thanked everyone who spoke tonight either in favor or against the bill for participating. She stated that seeing this many people is nice and reminded everyone that the Council meets on the 2"d and 4th Mondays each month and encourages them to continue their participation in local government. She pointed out that there were eight different hearings within the community on this bill. She noted that members of MIPOA the precursor to the REIA were at the table in full force ten to fifteen people at each meeting. After MIPOA dissolved and became REIA they were at the table. She stated that she has seen Mr. Smith at various meetings along with Penny Hughes who is the head of REIA. She read into the record the definition of vacant building means a structure on a parcel of real property which lacks the habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful business operations or residential occupancy has ceased. This bill will not hurt any good home or property owners, it will not hurt anyone who is actively selling or fixing up their structure. She stated that if people are under distress and contact Code Enforcement they will be worked with. Part of this ordinance is that the City wants to bring a building back to productive use. This means that property owners can develop a plan, contact Code Enforcement and they will be more than happy to work with them. She noted that anyone who is actively taking care of their property doesn't have anything to worry about. She stated that if you own property and are neglecting it that is what this ordinance is designed to do something about. She stated that the City cannot allow people without funds to allow your property to deteriorate in a neighborhood. She stated that City has sympathy and will work with people, but just because a person doesn't have funds, the City can't say it's okay to let the property deteriorate. She stated that there is a definition in the ordinance on what constitutes an abandoned building and it is in the ordinance. She stated that the South Bend Tribune along with other members of the media published and advertised these meetings. She stated that they were willing to come and speak to anyone who would let her speak along with Council Attorney Kathleen Cekanski-Farrand, Jeff Vitton from the Department of Community and 13 REGULAR MEETING NOVEMBER 26, 2007 Economic Development, Ann-Carol Nash, Assistant City Attorney. Councilmember Pfeifer stated that she believes that due diligence was given on this bill and believes that there wasn't anything more that could have been done to get people to participate on this ordinance. She stated that this is a good ordinance and if you are an honest property owner then you don't have anything to worry about. If you are a property owner and you are not taking care of your property then you do have something to worry about and she doesn't apologize for that. Councilmember Varner stated that whenever property taxes are brought up he always makes the same statement, that they don't always make the best decisions, however, the City is only responsible for approximately 45 to 50 percents of those taxes the rest is the South Bend Community School Corporation. Property taxes are high and we have known that for a long time. Some of those issues need to be address at the State Level. He stated that he believes that the 3% circuit breaker will help in part, but for the most part the way taxes are being assessed in the State of Indiana needs to be changed. In regard to number of vacant houses he questioned whether the numbers that Ms. Roush used 500 vacant and 300 abandoned are all within the City limits of South Bend or are they within the MLS Service. He further noted that with respect to the Department of Code Enforcement working with an individual home owner, they cannot forgive all the fees that have been cited on a particular property. Councilmember Varner stated that this bill is not perfect solution, it seems like this ordinance is just creating a list of problem properties. He reiterated what Councilmember Pfeifer said that if you are a home owner and are taking care of your property you will have nothing to worry about. Councilmember Kirsits stated that he believes that there are a lot of misconceptions on the definitions of vacant and abandoned. He noted that if you have a vacant property for whatever reason, be it on the market for sale, rent, or you are a snowbird going south for the winter, as long as the structure is secure, you can voluntarily register the structure at no cost for a limited time. However, the abandoned buildings will be required to register, because they are unsafe and it is very difficult to secure these types of structures and then it becomes a quality of life issue. Councilmember Kirsits stated that as a firefighter, along with Councilmember Dieter in his capacity as a police officer see this type of structure as a hazard to the owners, the neighbors and their fellow firefighters and police officers, by not having someone to contact to get the structure secured is a real problem. He reiterated again that when you first read the bill it maybe a little confusing on some of the definitions but when you read the bill in its entirety, it becomes clear that if the structure is secure, then the owner does not have a problem with this ordinance. Councilmember Dieter thanked Councilmember Pfeifer for all her hard work on this bill. He reiterated what Councilmember Kirsits stated that as police officers and firefighters vacant and abandoned houses are real problems in various areas of the city and that they see first hand how difficult it is to secure these types of structures. Councilmember Dieter stated that this bill is not a perfect solution but if everyone involved keeps working on fine tuning this ordinance then it can be awin/win situation for everyone. Councilmember Rouse thanked Councilmember Pfeifer and everyone involved with this bill. He stated that he would like to receive more information and clarify the definition of vacant and abandoned structures. He stated that it is a good bill and realizes that it has been in the works for over five years. Councilmember Rouse advised that he would like to continue to receive information and dialogue from the aggregate community and continue this bill until the December 10, 2007 meeting of the Council. Councilmember Kelly stated that it is very important to focus on the definitions of vacant and abandoned and that this bill is not written for those who are lawfully conducting a transaction on their home, whether that been selling, renting or away for the winter. This bill takes into consideration that the housing market is not fairing very well at this time and that it might take longer than 90 days to sell a property. He reiterated that if an owner is taking care of their property and that it is secure; this ordinance will not be a problem for them. 14 REGULAR MEETING NOVEMBER 26, 2007 Councilmember White stated that part of the ordinance requires a quarterly report be filed with the Council and that information will be readily available to the public for their inspection. Councilmember White commended Councilmember Pfeifer for all her hard work in getting this bill written. Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this 2"d substituted bill. Councilmember Dieter seconded the motion which carried by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Rouse). Councilmember Puzzello made a motion to recess for five (5) minutes. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Puzzello made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: John Voorde, City Clerk ATTEST: Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 8:55 p.m. Council President Tim Rouse presided with eight (8) members present. BILLS -THIRD READING ORDINANCE NO. 9807-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1905 COLLEGE, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Dieter made a motion to amend this substitute bill as in the Committee of the Whole. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Kelly made a motion to pass the amended substitute bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of five (5) ayes (Dieter, Pfeifer, Kelly, Varner, Rouse) and three (3) nays (Puzzello, White, Kirsits) ORDINANCE NO. 9808-07 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF LAFAYETTE BLVD. FROM THE NORTH RIGHT OF WAY LINE OF IRELAND ROAD NORTH APPROXIMATELY 261 FEET WITH A VARIED WIDTH LOCATED IN THE 15 REGULAR MEETING NOVEMBER 26, 2007 SOUTHWEST PORTION OF THE CITY OF SOUTH BEND, INDIANA IN THE 6TH COUNCILMANIC DISTRICT 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. 9809-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $250,000 FROM THE LOCAL ROAD AND STREET ACCOUNT (FUND 251), FOR PRECONSTRUCTION COSTS TO IMPROVE STREETS AT AND NEAR THE INTERSECTION OF IRONWOOD DRIVE AND MCKINLEY AVENUE 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. 9810-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, OF THE SOUTH BEND MUNICIPAL CODE TO ADD SECTION 37.1, TO REQUIRE REGISTRATION AND MAINTENANCE OF VACANT AND ABANDONED BUILDINGS This bill had third reading. Councilmember Pfeifer made a motion to amend this bill as in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill as amended. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS BILL NO. 07-134 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 1126 VICTORY DRIVE BILL NO. 07-80 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 202 SOUTH MICHIGAN STREET FLOORS 1,2,4,5,9 AND 11 TO 14 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR REAL PROPERTY TAX 16 REGULAR MEETING BILL NO. 07-122 NOVEMBER 26, 2007 ABATEMENT FOR KEY SB, LLC, THE H1NIVIAN COMPANY A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND IN THE AIRPORT DEVELOPMENT AREA AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN-YEAR REAL PROPERTY TAX ABATEMENT FOR OLIVE CLEVELAND PARTNERS LLC Councilmember Puzzello made a motion to continue Bill Nos. 07-134, 07-80 and 07-122 until the December 10, 2007 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 07-139 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1103 NORTH NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR THOMAS F. & ANITA J. VELDMAN WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1103 North Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: Lot numbered Fifty-eight (58) as shown on the recorded Plat of Edward Sorin's Second Edition to the Town of Lowell, now within and a part of the City of South Bend, excepting therefrom a lot or parcel of land 117 and 1/4 feet in length, East and West, taken off of and from the entire width of the West end thereof and this property has Tax Key Number 18-5104-3645, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 17 REGULAR MEETING NOVEMBER 26, 2007 SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common 18 REGULAR MEETING NOVEMBER 26, 2007 Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Thomas Veldman, 15571 Spring Meadow Lane, Granger, Indiana, made the presentation for this bill. Mr. Veldman advised that he and his wife plan to construct a new 3,800 square foot, 2 story home with attached garage. He stated that the home will be have four bedrooms, four and one-half bathrooms, a living room, dining room, kitchen and study. The estimated cost of the home is $450,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember 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. BILLS -FIRST READING BILL NO. 83-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE HUMAN RIGHTS ORDINANCE BY THE INCLUSIONS OF NEW PROVISIONS ADDRESSING GENDER IDENTITY AND SEXUAL ORIENTATION Councilmember Pfeifer made a motion to strike Bill 83-07 at the request of the petitioner. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 84-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ESTABLISH ONE 19 REGULAR MEETING NOVEMBER 26, 2007 ADDITIONAL FUND, NAMELY, FUND NO. 651 CITY OF SOUTH BEND SEWAGE WORKS REVENUE BONDS OF 2007B This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on December 10, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION BILL NO. 70-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 623 S. ST. JOSEPH STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on December 10, 2007. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS Councilmember Pfeifer reported that she attended the Area Plan Commission Meeting as the Council's representative and noted that the Town of New Carlisle has just passed their City Plan Document. She noted that they have a very good policy in place and wanted to share that information. Councilmember Rouse reported that he attended the meeting of Solid Waste Management Board, as the Council's representative and reports that they are well within their budget and revenues are up. Residents will be receiving their packet of information for 2008 shortly with the infamous calendar magnets that go on the refrigerator to remind them of when pick-up is scheduled in their neighborhood. PRIVILEGE OF THE FLOOR COMMENTS FROM MR. JOE RADECKI CONCERNING LAWN PARKING ENFORCEMENT Mr. Joe Radecki, 2706 Bonds Avenue, South Bend, Indiana, stated that he is a member of the Lincolnway West Gateway Association. He thanked the Council for passing the Ordinance on prohibiting parking cars in the front lawn of residences, any soft surface, on the sidewalk, or on the tree lawn. He stated that this is a good ordinance and questioned when the City is going to start enforcing it. He stated that at the last meeting he went to the Director of the Department of Code Enforcement informed that they would enforce the ordinance during the week and Police Chief Fautz and the SBPD would enforce it on the weekends. Mr. Radecki stated that he believes that there have been no tickets written enforcing this ordinance. The residential properties are still being deteriorated by home owners and renters parking on the front lawns and sidewalks. He stated that he would like to see this ordinance enforced now. Council President Rouse stated that he will assign this topic to the Health and Public Safety Committee and the Zoning and Annexation Committee. COMMENTS FROM STEPHEN RANGE CONCERNING STEREOTYPING Mr. Range, 1206 Johnson Street, South Bend, Indiana, stated that stereotypes are generalizations about groups and individual members thereof, based primarily on membership in that group. Stereotypes may be positive or negative, they maybe accurate or inaccurate regarding average characteristics of a group, and may be used to justify 20 REGULAR MEETING NOVEMBER 26, 2007 certain discriminatory behaviors. Some people consider all stereotypes to be negative because they are unjust to individuals who vary from group characteristics. Stereotypes may be accurate, based o some essential part of truth yet exaggerated, or completely fabricated. A stereotype is a standardized conception or image of a specific group of people or objects. Stereotypes are "mental cookie cutters" they force a simple pattern upon a complex mass and assign a limited number of characteristics to all members of a group. The standardized conception is held in common by the members of a group. Popular stereotypes are images, which care shared by those who hold a common cultural mindset-they are the way a culture, or significant sub-group within that culture, defines and labels a specific group of people. Stereotypes are direct expressions of beliefs and values. Popular Stereotypes in South Bend 1. All police are crooked. 2. Black people are never on time. 3. White men can't jump. 4. All Mexicans like hot stuff. 5. All American are greedy. 6. All Blonds are dumb. 7. Black people are lazy and depend on welfare. 8. All white people are prejudice. 9. All Preachers are hypocrites. 10. All people sin. Most of us have many narrow images of people, places, or things, which are unique to our personal outlook. While we commonly use the term as it is applied to human beings, it is quite possible to stereotype objects or things as well. For example, 1. American cares are made cheap. 2. Mercedes Benz are hard to work on. 3. Black cats are mean. 4. Lions are the king of the jungle. 5. Bats are evil. 6. All American Pit Bulls are dangerous animals. False stereotypes are especially common when applied to a member of members of a group or places that the viewer has not met, seen, or been to. Part of the problem is that people expect things to conform to stereotypes. If you tell people that white cats are sweeter natured and black cats a mean tempered, people are likely to focus on the stereotype behaviors and disregard contradictory behaviors as being "out of character" Human beings dislike chaos and unpredictability and look for order and patterns in everything - that is how we have become the most successful species on the planet -and sometimes we find (or invent) patterns where there is actually no pattern at all. Freedom of religion is a guarantee by the constitution. Freedom of belief for individuals and freedom of worship for individuals and groups. It is generally recognized to also include the freedom not to follow any religion or belief. Freedom of religion is considered by many in many nations and people to be a fundamental human right. Stereotypes are direct expressions of beliefs and values. For a municipality to adopt or pass a stereotype as a municipal code in the United States of America is Unconstitutional and a violation of that city first amendment. Imagine the chaos America will be in if our laws were determine by stereotypes. He urged the Council to change the current ordinance on American Pit Bull Terriers. COMMENTS FROM MR. RICHARD KETTLEHUT CONCERNING ABUSE AT MADISON CENTER Mr. Richard Kettlehut, 136 Strathmore, South Bend, Indiana, stated that on August 30, 2007, he presented a proposal to Madison Center for a public meeting on the issue of abuse and rights violations and the role of the CPS at Madison Center. This proposal was 21 REGULAR MEETING NOVEMBER 26, 2007 denied. Mr. Kettlehut stated that he is appealing to the South Bend Common to hold a public meeting on these very same issues. COMMENTS FROM JERRY NIEZGODSKI CONCERNING POSTING INFORMATION ON THE CITY WEBSITE Mr. Jerry Niezgodski, 2930 Bonds Avenue, South Bend, Indiana, stated that he and Marty Wolfson have been working together along with the Redevelopment Commission to get information regarding their upcoming meetings out to the public. They have collaborated to worked towards putting their agenda's on the website along with more descriptive titles to the bills and resolutions so that the general public has better knowledge of what is going to be heard at the Commission Meetings. Mr. Niezgodski asked if the bills are published along with the Committee Meeting Notices and Agendas. He stated that he would like to see the proposed bills posted on the website so that better information is out there and more public participation would be sought. He would like to see better communication with the public. Council President Rouse advised that this topic would be sent to the Information and Technology Committee. Councilmember Varner stated that the Agenda and Minutes of all Council Meetings are posted to the web. Currently, the packet, which consists of proposed Resolutions and Ordinance, is not on the web. Councilmember Varner stated that will change as soon as he can get the IT Department to make it happen. He noted that if the City of South Bend is going to be a 21st Century City, there needs to be 21st Century information on the web. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 9:35 p.m. ATTEST: John Voorde, City Clerk ATTEST: Timothy A. Rouse, President 22