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HomeMy WebLinkAbout04-26-04 Council Meeting MinutesREGULAR MEETING APRIL 26, 2004 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, April 26, 2004, at 7:00 p.m. The meeting was called to order by Vice President Roland Kelly and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek Dieter Charlotte Pfeifer Roland Kelly Ann Puzzello David Varner Ervin Kuspa Sean Coleman Al "Buddy" Kirsits Karen L. White Absent: None OTHERS PRESENT: 1 st District 2nd District 3rd District Vice - President 4th District 5th District 6th District At -Large Chairperson, Committee of the Whole At -Large At -Large President Kathleen Cekanski - Farrand, Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy City Clerk 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 April 12, 2004 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. Members of the Sub - Committee on Minutes s/Karen L. White s/David Varner Councilmember Coleman made a motion that the minutes of the April 12, 2004, meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 3320 -04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING ALL POLICE OFFICERS KILLED IN THE LINE OF DUTY AND DECLARING THE WEEK OF MAY 9, 2004, AS LAW ENFORCEMENT MEMORIAL WEEK IN SOUTH BEND, INDIANA WHEREAS, the Common Council of the City of South Bend, Indiana, notes that the names of 362 fallen officers will be officially added to the National Law Enforcement Officers Memorial in Washington, D.C. this year, including the names of Corporal Thomas Roberts and REGULAR MEETING APRIL 26, 2004 Patrolman Bryan S. Verkler of the Mishawaka Police Department who lost their lives in the line of duty on December 13, 2003 in Mishawaka; and WHEREAS, the Common Council further recognizes that Fraternal Order of Police Lodge #36 will be conducting during National Police Week, May 9th — 15th, 2004, the City of South Bend's annual tribute and memorial service to honor South Bend Police Officers who gave their lives in the line of duty, namely: Hans Brandt Paul R. Deguch Neil McIntyre Fred E. Buland Thomas J. DeRue, Sr. Delbert Thompson Oscar Christenson Charles E. Farkas, Sr. Lloyd Thompson Samuel Cooper Ronald St. Germain, Sr. Howard Wagner Lewis Keller WHEREAS, the Common Council notes that every 53 hours a law enforcement officer in the United States is killed in the line of duty. NOW, THEREFORE, BE IT RESOLVED, BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOW: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commemorates and honors the thirteen (13) members of the South Bend Police Department who made the ultimate sacrifice while service and protecting the residents of the City of South Bend, Indiana. Section II. The South Bend Common Council honors each of these fallen police heroes and all fallen law enforcement officers across the country and their families, friends and colleagues they left behind, not because of the way each of them died, but rather because of the way each of these officers lived and performed their police duties everyday as a sworn peace officer. Section III. The Common Council hereby declares the week of May 9, 2004, as Law Enforcement Memorial Week in South Bend, Indiana, and urges all citizens to pause and take time to remember those who gave their lives while serving as part of the "thin blue line" standing between the lawful and the lawless. Section V. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s /Derek D. Dieter, 1St District s /Charlotte D. Pfeifer, 2nd District s/Roland Kelly, 3rd District s /Ann Puzzello, 4th District s /Dr. David Varner, 5th District ATTEST: s /John Voorde, City Clerk s /Ervin Kuspa, 6th District s /Sean Coleman, At Large s /Al "Buddy" Kirsits, At Large s /Karen L. White, At Large s/Kathleen Cekanski- Farrand Council Attorney h Presented to by me to the Mayor of the City of South Bend, Indiana, on the ,day of April, 2004, at o'clock & .m. REGULAR MEETING APRIL 26, 2004 s /Janice Talboom, Deputy City Clerk �h Approved and signed by me on the Z day of April, 2004, at 3: � clock�.m. s /Stephen J. Luecke, Mayor City of South Bend, Indiana Councilmembers Ann Puzzello, 1247 E. Lasalle, South Bend, Indiana, and Derek D. Dieter, 1135 Portage Avenue, South Bend, Indiana, made the presentation for this Resolution by first offering their comments and then reading the Resolution in its entirety. A Public Hearing was held on the Resolution at this time. Mr. Steve Noonan, South Bend Police Department spoke in favor of the Resolution. Mr. Noonan thanked the Council for this Resolution and he read a letter from Mr. Scott Ruszkowski, President, Fraternal Order of Police Lodge #36. The letter states that he regrets not being able to attend the Council Meeting tonight and wanted to thank the Council for this Resolution. He also wanted to extend an invitation to attend Memorial Services on Monday, May 10, 2004 at`1:00 p.m. at the Public Works Facility, 701 W. Sample St. Chief Thomas Fautz, South Bend Police Department, 701 W. Sample Street, South Bend, Indiana, spoke in favor of this Resolution. Chief Fautz thanked the Council for this Resolution. Chief Fautz stated that he wanted to honor those who have made the ultimate sacrifice. Chief Fautz also wanted to honor those who are serving in Iraq. There was no one else present wishing to speak to the Council in favor of or in opposition to this the Resolution. Councilmember Coleman made a motion to adopt this Resolution by acclamation. Councilmember Kelly seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Coleman, Chairperson, Committee of the Whole, presiding. Councilmember Coleman, noted that this is the portion of the meeting in which members of the council meet as the Committee of the Whole in order to hear presentations and public comment on bills that are presented for ordinance consideration. Each bill that will be heard tonight will have a Public Hearing and after the hearing on each bill the committee will vote on the disposition of the bill which typically is sent to the full Council with either a favorable or an unfavorable recommendation. He noted that the South Bend Municipal code requires that the Chairperson describes the procedure for the hearings. The Committee operates in accord with the Council Rules and Procedures and Roberts Rules of Order and Council Attorney Kathleen Cekanski - Farrand who serves as the Parliamentarian. The procedure for the Public Hearing for each bill is conducted as follows: The title of the bill is read by the City Clerk. 2. Reports are presented from the pertinent Common Council Committee and/or the Area Plan Commission. 3. A formal presentation in favor of the bill which is not subject to a time limit is heard. 4. Comments are head from members of the public who wish to speak in favor of the bill. Each such member is limited to five (5) minutes for his/her presentation and must begin by stating his /her name and residential address. REGULAR MEETING if 7 APRIL 26, 2004 Any formal presentation against the bill or Resolution which is not subject to a time limitation is heard. Comments are heard from any members of the public wishing to speak against the bill. Each member of the public speaking against the bill is limited to five (5) minutes for his /her presentation and must also begin by stating his /her name and residential address. With respect to those individuals speaking against, the total time for comments by members of the public speaking against the bill is the amount of time that was used by those speaking in favor of the bill or thirty (30) minutes whichever is greater. A five (5) minute rebuttal period is allowed for the persons who gave the formal presentation in favor of the bill after which the public portion of the hearing is closed. 8. Finally, the Council portion of the hearing takes place in which members will discuss the bill and vote on its disposition PUBLIC HEARINGS BILL NO. 3 -04 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 234 TONTI STREET IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with an unfavorable recommendation. Mr. JeffMyers, Staff Member, Area Plan Commission, 11th Floor County -City Building, South Bend, Indiana, residing at 1805 Hickory Road, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Myers advised that the Petitioners are requesting a zone change from "A" Residential "A" Height and Area to "A -1" Residential, "A" Height and Area to allow a two family residence. The property contains a duplex. The Building Department has not verified that this is a legal or illegal non - conforming duplex. Located to the north, south, east and west are single family homes zoned "A" Residential, "A" Height and Area. Also to the south are two duplexes zoned "A" Residential, "A" Height and Area. Access to the site is from Tonti St. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is 5,160 square feet. A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. A site plan is not required for rezonings to "A -1" Residential. Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with an unfavorable recommendation. In the staff's opinion, allowing two - family zoning to encroach into a single - family neighborhood is not desirable. This property will be zoned S172 Single - Family in the new zoning ordinance. If the petitioner needs legal status, the staff recommends obtaining a special exception under the new zoning ordinance. This will allow a duplex in the SF2 district, but it will still maintain the single - family zoning in the neighborhood. There was no presenter for this bill. Councilmember Pfeifer made a motion to continue this bill until the end of the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. 4 1 D 1 REGULAR MEETING APRIL 26, 2004 BILL NO. 24 -04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 4, SECTION 13 -57.05 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING VIOLATIONS AND PENALITIES FOR LOUD AND RAUCOUS NOISE Council President White made a motion to hear the substitute version of this bill. Councilmember Varner seconded by the motion which carried by a voice vote of (9) ayes. Councilmember Puzzello, Chairperson, Health and Public Safety Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Councilmember Derek D. Dieter informed the Council that he is a member of the South Bend Police Department and after discussing this matter with Council Attorney Kathleen Cekanski- Farrand that they concur that there is no conflict of interest. Councilmember Dieter, 1St District Council, 1135 Portage Avenue, South Bend, Indiana made the presentation for this bill. Councilmember Dieter indicated that the penalty for persons violating the loud and raucous noise regulations shall be raised from $50.00 to $100.00 for the first offense; from $100.00 to $250.00 for the second offense; and from $200.00 to $500.00 for the third offense and every subsequent. Councilmember Dieter stated that said he hoped by increasing the fines that there would be more of a deterrent to potential violators. Councilmember Dieter also informed the Council that the this bill would allow for the earmark of 100% of the monies collected to the Police Department Training Fund (Fund #220) and that all interest earned on monies deposited into Fund #220 would stay with that account. He also stated that this bill would require the Department of Administration and Finance to file by the last business day of each month a written report detailing the amount of money collected and the amount of interest earned. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Chief Thomas Fautz, South Bend Police Department, 701 W. Sample Street, South Bend, Indiana, spoke in favor of this bill. Chief Fautz indicated that last year police issued 605 citations for violations of the loud and raucous noise ordinance and collected more than $35,000.00. Chief Fautz informed the council that much of the result was the dedicating of extra patrols to address the problem. There was no one else wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 25 -04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITH CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING REGULATIONS GOVERNING THE COMMON COUNCIL Councilmember Kelly made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING APRIL 26, 2004 Council President White, Chairperson, Council Rules 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. Council President White, 1912 Malvern Way, South Bend, Indiana, made the presentation for this bill. Council President White advised that this bill would allow certain amendments to its governing rules and regulations to help improve the many services provided by the Council to the citizens of South Bend. Council President White noted that the substitute version of this bill would add a new paragraph (o) to Section 2 -8 of the South Bend Municipal code addressing decorum and debate regulations which read as follows: "Persons in the Council Chambers shall turn their cell phones and pages to their silent mode when the Common Council is in session ". She also noted that new sub - paragraphs would be added under the "New Business" portion addressed in Sec. 2- 12 of the South Bend Municipal code. These proposed paragraphs would call for Council Members who sit on other boards and commissions like the Area Plan Commission, MACOG, etc. to give verbal updates on any meetings which they have attended in the last two (2) weeks; as well as announcements of upcoming events. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 27 -04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 20, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING ABANDONED VEHICLES Council President White made a motion to hear the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Ann Puzzello, Chairperson, Health and Public Safety Committee reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Councilmember Ann Puzzello, 4th District Council, 1247 E. LaSalle, South Bend, Indiana, made the presentation for this bill. Councilmember Puzzello advised that this bill would amend two (2) sections of Chapter 20, Article 3 of the South Bend Municipal Code which addresses "Abandoned Vehicles ". The first amendment would amend the definition for "abandoned vehicle" so that it is consistent with Indiana state law, as well as identify any vehicle which does not have a state vehicle license plate as an abandoned vehicle. She indicated that other communities include vehicles without state license plates in their definitions of abandoned vehicles. The second amendments to the bill is to §20 -29 which addresses fees which may be collected to recover administrative costs related to abandoned vehicle regulations. Councilmember Puzzello stated that upon the recommendation of the Council Attorney and the City of South Bend Legal Department that the words "and lien holder" be deleted from §20 -29. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 0 1 1 REGULAR MEETING APRIL 26, 2004 Mr. Paul Duda, 2133 S. Taylor Street, South Bend, Indiana, questioned the legality of a vehicle being plated on private property. Mrs. Rita Kopala, 66559 Ivy Rd., Lakeville, Indiana, stated that the fines that are being imposed are too much for the residents to have to pay. Councilmember Puzzello stated that the bill does not make mention of vehicles on private property having to be plated. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 26 -04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW FUND TO BE KNOWN AS THE SOUTH BEND RAINY DAY FUND ( #102) Councilmember Pfeifer made a motion to continue this bill until the May 20, 2004 meeting of the Common Council. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. Council President White entertained a motion to resume public hearing on Bill No. 03 -04. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. There was no presenter for this bill. Councilmember Kelly made a motion for unfavorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: �OA--A - r, �10 Jo V orde, City Clerk Sean Coleman, hairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:45 p.m. Council President Karen L. White presided with nine (9) members present. BILLS — THIRD READING REGULAR MEETING APRIL 26, 2004 ORDINANCE NO. 9502 -04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; DUANE O. AND VIRGINIA M. ZEIGER, 20000- 21000 BLOCK, SOUTH SIDE OF KERN ROAD This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill as substituted. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine ayes. BILL NO. 3 -04 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 234 TONTI STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion that this substitute bill be defeated. Councilmember Varner seconded the motion which carried by a roll call vote of nine (9) ayes. ORDINANCE NO. 9503 -04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 4, SECTION 13 -57.05 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING VIOLATIONS AND PENALITIES FOR LOUD AND RAUCOUS NOISE This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. Councilmember Kuspa noted that he would be voting against this bill because he feels that doubling the fines for first time offenders is too excessive. The bill passed by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Kuspa). ORDINANCE NO. 9504 -04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITH CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING REGULATIONS GOVERNING THE COMMON COUNCIL This bill had third reading. Councilmember Kelly made a motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as 1 1 1 REGULAR MEETING APRIL 26, 2004 substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9505 -04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 20, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING ABANDONED VEHICLES This bill had third reading. Councilmember Kelly made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine ayes. Additionally, Councilmember Kelly made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3321 -04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS NOS. 9A AND 13A, U.S. 31 INDUSTRIAL PARK (COMMONLY KNOWN AS 5053 AMERITECH DRIVE), SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR BAMBER LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as Lot Nos. 9A and 13A, U.S. 31 Industrial Park, South Bend, Indiana, and which is more particularly described as follows: A parcel of land being a part of the Southeast Quarter of Section 18, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana, and being more particularly described as follows: All that part of Lot Number 9A and Lot Number 13A in U.S. 31 Industrial Park, Sections Two and Four, First Replat, as recorded on June 21, 2002 as Instrument No. 0234130 in the Office of the Recorder of St. Joseph County, Indiana and which has Key Numbers 25- 1016 - 0600.12 and 25- 1016 - 0600.18, be designated as an Economic Revitalization 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 an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seQ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and REGULAR MEETING APRIL 26, 2004 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 an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner 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 pursuant to Indiana Code 6- 1.1- 12.1 -3 et. se q. the following: a. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. b. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; d. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; benefits information was requested are benefits that e. That the other about which can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and f. 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth in Sections 1 through 2 of 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 IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of nine (9) years. SECTION VII. 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, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. 10 REGULAR MEETING APRIL 26, 2004 SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Karen L. White Member of the Common Council Councilmember Kelly made a motion to entertain the substitute version of this Resolution as on file with the Clerk. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly, 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 full council with a favorable recommendation. Mr. Phil Faccenda, Attorney Barnes & Thornburg Law Firm, 100 N. Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the owner Mr. Dennis Bamber, owner of The Woodwind & The Brasswind, 5053 Ameritech Drive, South Bend, Indiana. Mr. Faccenda advised that this resolution will allow for a new distribution center at 5053 Ameritech Drive, South Bend, Indiana. Mr. Faccenda further advised that the petitioner, Bamber, LLC plans to construct a 150,000 to 200,000 square foot distribution center on 16 acres of land in the U.S. 31 Industrial Park. The distribution center building will be constructed to meet the demands of the growing retail mail order and internet business of Dennis Bamber, Inc. d/b /a The Woodwind & The Brasswind. The construction cost is estimated to be between $4,500,000 and $5,500,000 and an additional estimated cost of approximately $560,000 for the purchase price of the land to be acquired. The redevelopment or rehabilitation project itself will create 25 to 30 new, permanent jobs within the first year, representing a new annual payroll of $612,000 to $735,000 and will maintain 213 existing permanent full time and 15 existing permanent part-time jobs with an annual payroll of $7,100,000. The projected average annual salaries for each new position created is estimated to be $24,500. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council in favor of this bill. The following individual spoke in opposition of this bill. Mr. Kenneth Marks, President I.A.F.F. #362 South Bend Fire, 1122 South Main Street, P.O. Box 3581, South Bend, Indiana, spoke in opposition to this resolution. Mr. Marks stated that a 9 year tax abatement is too long. He stated that with the increase in property taxes and the shift of burden from commercial property to residential homeowners that tax abatements should not be given out as frequently. In rebuttal, Mr. Faccenda stated that Mr. Bamber, d/b /a The Woodwind & The Brasswind has been a good taxpayer to the City of South Bend and St. Joseph County. The new distribution center is critical to Woodwind's continued success as it will accommodate growth and allow Woodwind to meet its customer demand for same day shipping which is becoming prevalent in the direct marketing industry. Councilmember Varner stated that in the first year of a tax abatement only about eleven percent (11 %) of the taxes are abated. He further stated that in approximately four (4) years that the tax payer is paying approximately fifty percent (50 %) of the tax. Councilmember Varner stated that the land is currently vacant and underutilized and that this project will fully and appropriately utilize the property and will create job opportunities and increase the City tax base. 11 REGULAR MEETING APRIL 26, 2004 Councilmember Coleman made a motion to adopt this Resolution as substituted. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3322 -04 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 5111 OLDS AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MARCO AND RAMONA KYLE WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 5111 Olds Avenue, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 5111 Olds Avenue Lot 109, 110, 111 Portage Gardens 18- 2224 -8383 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et se ., 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 sue., and South Bend Municipal Code Sections 2 -76, et se ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or 12 REGULAR MEETING APRIL 26, 2004 C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3 SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the 13 REGULAR MEETING APRIL 26, 2004 Common Council and approval by the Mayor. s/Karen L.White Member of the Common Council Councilmember Kelly, 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. Mrs. Ramona Kyle, 1816 N. O'Brien, South Bend, Indiana, made the presentation for this bill. Mrs. Kyle advised that this bill would allow for the construction of a new single family home to be located at 5111 Olds Avenue, South Bend, Indiana. Mrs. Kyle further advised that she proposed to build a new 2,600 square foot, two- story, single family home. The home will have three bedrooms 2 1/2 baths, an attached garage and full basement. The estimated value of the home is $152,000. 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 Coleman made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3323 -04 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 1105 FRANCES STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SEMION AND NATALIA LYANDRES WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 1105 Frances Street, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 1105 Frances Street Lot No. 1 of Notre Dame Avenue 18 -5105 -3671 Minor Subdivision 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 sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1- 12.1, et seq., and South Bend Municipal Code Sections 2 -76, et se ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and 14 REGULAR MEETING APRIL 26, 2004 WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et se q., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. 15 REGULAR MEETING APRIL 26, 2004 SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Karen L. White Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Semion Lyandres, 1615 E. Wayne Street, South Bend, Indiana, made the presentation for this bill. Mr. Lyandres advised that this bill would allow for him to build a new single family home to be located at 1105 Frances Street, South Bend, Indiana. Mr. Lyandres further advised that the home will be approximately 2,000 square foot two story home. The home will have three to four bedrooms, an attached garage and a full basement. The estimated value of the home is $250,000. 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 Coleman made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3324 -04 A RESOLTUION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND THE CITY ADMINISTRATIONANDADDRES SINGTHE ADVISORY CITY NEGOTIATING TEAM FOR THE UPCOMING FIRE DEPARTMENT NEGOTIATIONS 16 REGULAR MEETING APRIL 26, 2004 WHEREAS, pursuant to Indiana Code § 36- 8- 3 -3(d), the Common Council has the mandatory duty and exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Fire Department before September 20th ; and WHEREAS, the Board of Public Safety has the "exclusive control over all matters and property relating" to the Fire Department pursuant to Indiana Code § 36- 8- 3- 2(b)(2); and WHEREAS, the Common Council and the City Administration have determined that a unified effort would be in the City of South Bend's best interests when addressing, through the negotiating process such items as annual compensation, specialty pays, monetary fringe benefits, working conditions, and items related to the South Bend Fire Department; and WHEREAS, the South Bend Common Council and the City's Board of Public Safety will each take formal action to adopt similar resolutions which will formally appoint an Agent/Negotiator and address an Advisory City Negotiating Team which will represent each body and which will provide and receive updates during executive sessions called for the purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5- 14-1.5-6.1(b)(2)(A); and WHEREAS, the Advisory City Negotiating Team shall not be considered a "governing body" or "public agency" under Indiana Code § 5- 14- 1.5 -2; and WHEREAS, the 2001 -2004 Collective Bargaining Agreement between the City of South Bend and the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL -CIO expires at the end of this year, along with Ordinance No. 9127 -00 and Ordinance No. 9165 -00 which established salaries and all monetary fringe benefits for members of the South Bend Fire Department for calendar years 2001 through 2004; and WHEREAS, the South Bend Common Council and the City of South Bend Administration believe that this Resolution is in the best interests of promoting positive and harmonious labor negotiations. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council of the City of South Bend, Indiana, after consultation and meetings with the Mayor Stephen J. Luecke hereby appoints Kathleen Cekanski - Farrand, a local attorney, as its Agent for the upcoming labor negotiations with Fire Negotiating Team representing the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL -CIO. Mrs. Cekanski - Farrand shall be the City's Chief Spokesperson and negotiator concerning all matters related to annual compensation, specialty pays, monetary fringe benefits, working conditions, and items related to the South Bend Fire Department SECTION II. Based on the discussions between the Common Council and the Mayor, the Board of Public Safety will take formal action to adopt a similar resolution which will formally appoint Kathleen Cekanski - Farrand as the City's Agent/Negotiator to address working conditions and other matters addressed in the Collective Bargaining Agreement. The City Clerk shall send a copy of this Resolution to the Clerk to the Board of Public Safety; and the Clerk to the Board of Public Safety will forward a copy of the Board's Resolution to the Office of the City Clerk as soon as practicable after the Board's adoption. SECTION III. After consultation with the South Bend Common Council and the City Administration, the City's Agent/Negotiator shall appoint an Advisory City Negotiating Team and she shall keep the Council and the Mayor advised at all times of its composition. The City's Agent/Negotiator and the Advisory City Negotiating Team shall meet in executive session with the Common Council, the Mayor, the Fire Administration and the Board of Public Safety for the purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5- 14- 1.5- 6.1(b)(2)(A) with the South Bend Fire Department. 17 REGULAR MEETING APRIL 26, 2004 SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Derek D. Dieter, 1St District Charlotte D. Pfeifer, 2nd District Roland Kelly, 3rd District Ann Puzzello, 4th District Dr. David Varner, 5th District Attest: s /John Voorde, City Clerk Ervin Kuspa, 6th District Sean Coleman, At Large Al "Buddy" Kirsits, At Large Karen L. White, At Large Council President Presented to by me to the Mayor of the City of South Bend, Indiana, on the 0�')7 �-h day of April, 2004, at _ _—_ o'clock 0-,. m. s /Janice Talboom, City Clerk Approved and signed by me on the b4- day of Mn4 , 2004, at _�__ o'clock, . m. s /Stephen J. Luecke' Mayor City of South Bend, Indiana Councilmember Puzzello, Chairperson, Health and Public Safety Committee reported that this committee met this afternoon and voted to send this bill to the full Council with a favorable recommendation. Councilmember Puzzello and Councilmember Dieter made the presentation for this bill. Councilmember Puzzello advised that this bill would allow for the formal appointment of Kathleen Cekanski - Farrand as the City of South Bend's agent and negotiator, as well as their Chief Spokesperson for the upcoming labor negotiations with the representatives of the South Bend Fire Department. Councilmember Puzzello stated that she has received written notice from a representative of the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL -CIO requesting the opening of negotiations. Councilmember Al Kirsits stated that he is a member of the South Bend Fire Department and after discussing this matter with Council Attorney Kathleen Cekanski- Farrand, they concur that there is no conflict of interest. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Puzzello made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (ayes). 18 i J 1 C] REGULAR MEETING BILLS — FIRST READING APRIL 26, 2004 BILL NO. 29 -04 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: PORTIONS OF MAIN STREET, LAFAYETTE BLVD., AUTEN STREET AND HOOVER STREET, NOW KNOWN AS HOMER AVENUE, SOUTH OF IRELAND ROAD, WEST OF MICHIGAN STREET AND NORTH OF THE ST. JOSEPH VALLEY PARKWAY, US 20/31 BY -PASS This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on May 10, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 30 -04 FIRST READING 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, CERTAIN LAND IN PENN TOWNSHIP CONTIGUOUS THEREWITH; ALWAYS DEVELOPMENT CORPORATION, SOUTH OF JACKSON ROAD, 1/4 MILE EAST OF IRONWOOD ROAD, BEHIND STONEHEDGE SUBDIVISION This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Second Reading and Public Hearing on June 14, 2004 and Third Reading on June 28, 2004. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. UNIFINISHED BUSINESS REPORTS FROM AREA PLAN It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on Tuesday, April 20, 2004: BILL NO. 9 -04 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY AT 505 WEST KERN ROAD IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 11 -04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN PORTAGE TOWNSHIP CONTIGUOUS THEREWITH; (ARBORS AT BELLEVILLE PARK, L.P.) (57500 BLOCK OF MAYFLOWER ROAD, SOUTH BEND, INDIANA) BILL NO. 14 -04 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST INTERSECTION OF IRONWOOD ROAD AND INWOOD ROAD IN THE CITY OF SOUTH BEND, INDIANA 19 REGULAR MEETING APRIL 26, 2004 BILL NO. 18 -04 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED APPROXIMATELY 195' NORTHEAST OF THE INTERSECTION OF PRAIRIE AVENUE AND LOCUST ROADS ON THE SOUTHERLY SIDE OF PRAIRIE AVENUE IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 19 -04 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 416 W. LASALLE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer Bill Nos. 9 -04; 14 -04; 18 -04 and 19 -04 to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on May 10, 2004, and Bill No. 11 -04 refer to Zoning and Annexation and set for Second Reading and Public Hearing on May 24, 2004 and Third Reading on June 14, 2004. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR Lucy Rzeszutek, 1603 Enchanted Forest, South Bend, Indiana spoke to the Council regarding low frequency noise. She stated that she is a University of Notre Dame student and a member of the ND Students for Environmental Action. Ms. Rzeszutek informed the Council of Radio Frequency Radiation Measurements in Kokomo, Indiana. The Kokomo hum as it as known, has been making people actually physically sick. More than 100 people have complained of severe headaches, nausea, joint pain, debilitating heart problems or memory loss after they began feeling or hearing the hum. She stated that Mr. Jeff Symmes along with herself have sent a letter to Ms. Carrie Doehrmann, Director of Environmental Policy, Governor's Office, State House 206, Indianapolis, IN 46204 requesting that the State conduct an investigation regarding LFN /EMR emmissions in St. Joseph County. Kenneth Marks, 1122 S. Main Street, South Bend, Indiana. Mr. Marks inquired who will be on the City's negotiating team. Councilmember Al Kirsits, 722 Marquette Avenue, South Bend, Indiana, informed the Council that he would like an update from the Community and Economic Development Department on the status of Fire Station #13. ANNOUNCEMENT OF NEXT MEETING DATE Council President White advised that the next meeting of the Council will be held on Monday, May 10, 2004. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:25 p.m. 20 1 1 1 REGULAR MEETING APRIL 26, 2004 ATTE ATTES . hn V orde, City Clerk Karen L. White, President 21