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HomeMy WebLinkAbout06-14-04 Council Meetng MinutesREGULAR MEETING JUNE 14, 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, June 14, 2004, at 7:00 p.m. The meeting was called to order by President Karen L. White 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 Karen L. White 1 st District 2nd District 3rd District Vice - President 4th District 5th District 6th District At -Large Chairperson, Committee of the Whole At -Large President Absent: Al `Buddy" Kirsits At -Large OTHERS PRESENT: Kathleen Cekanski - Farrand, John Voorde Mary Beth Wisniewski Janice I. Talboom Council Attorney City Clerk Chief Deputy City Clerk Deputy City Clerk REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the May 24, 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 May 24, 2004, meeting of the Council be accepted and placed on file. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 3335 -04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY RECOGNIZING AND COMMENDING DAVID SCOTT TIDMARSH OF EDISON INTERMEDIATE CENTER FOR WINNING THE 77TH ANNUAL SCRIPPS NATIONAL SPELLING BEE IN WASHINGTON D.C. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that over nine (9) million children participated in local spelling bee contests this academic year; and 1 REGULAR MEETING JUNE 14, 2004 WHEREAS, the children between the ages of 9 to 15 advanced from regional spelling bees to be one of the 265 finalists who could participate in the 77th annual Scripps National Spelling Bee held in Washington, D.C., where they would showcase the months which each of them spent studying dictionaries and memorizing words & their meanings in tedious preparation for the national event; and WHEREAS, this year the Scripps National Spelling Bee imposed a time limit on each word with spellers receiving a warning at two minutes notifying them that they had 30 seconds to finish, and further imposed for the first time a 25 -word written test which was given in the first round; and WHEREAS, the South Bend Common Council is especially proud to acknowledge that David Scott Tidmarsh, an 8th grader at Edison Intermediate Center, won the top prize in the 14th Round held on June 3, 2004, by correctly spelling "gaminerie" and "autochthonous "; and further notes that 1928 was the last time that such a high national honor was brought home to out community. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly congratulates David Scott Tidmarsh, an 8th grader at Edison Intermediate Center in South Bend for winning the 77th annual 2004 Scripps National Spelling Bee. Section II. The Common Council acknowledges David's hard -work, discipline, dedication, and tenacious study habits, for now he is a role model for all students throughout our country; and as a result David Scott Tidmarsh has brought the highest of honors to himself, his family and friends, South Bend's Edison Intermediate Center and all of its fine educators, its principal and his fellow students, as well as to all of the residents of the City of South Bend, Indiana. Section III. The South Bend Common Council wishes David Scott Tidmarsh continued success as he begins high school this fall, and encourages all students to learn by his fine example, his quest for learning, and his love, hard -work and dedication to be the very best. Section IV. 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, 2'd District s/Roland Kelly, P District s /Ann Puzzello, 4th District s /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 s /Stephen J. Luecke, Mayor Councilmember Ann Puzzello, 1247 E. LaSalle Avenue, South Bend, Indiana made the presentation for this Resolution by first offering her comments and then reading the Resolution in its entirety and presenting it to David Scott Tidmarsh. A Public Hearing was held on the Resolution at this time. 2 u r �1 REGULAR MEETING JUNE 14, 2004 David Scott Tidmarsh, no address given, thanked the South Bend Common Council and Mayor Luecke for this prestigious award. He thanked his spelling coach and teacher, Mr. Brian Ginzer and Principal, Mr. Sam Schweizer at Edison Intermediate Center for all their support and guidance. He indicated that he would be attending John Adams High School this fall and looks forward to furthering his education. Mr. Sam Schweizer, Principal, Edison Intermediate Center, South Bend, Indiana congratulated David Scott Tidmarsh on this prestigious award. Mr. Schweizer thanked the Council, Mayor Luecke and the citizens of South Bend for their wonderful support. Mr. Brian Ginzer, English Teacher and Spelling Coach, Edison Intermediate Center, South Bend, Indiana, stated that he was David's spelling coach for the past two years. Mr. Ginzer stated that he is extremely proud of David and his accomplishments. Ms. Jan Pilarski, no address given, stated that she is David's mother and wanted to thank the City of South Bend, the Common Council, Mayor Luecke and the South Bend Community School Corporation for all their support for her son. Ms. Pilarski stated that she is proud to be from such a strong and rooted community. Mr. John Swanson, 1321 W. Washington Street, South Bend, Indiana congratulated David on his award. Councilmembers Kelly and Dieter offered comments and congratulated David Scott Tidmarsh on winning the 77th annual 2004 Scripps National Spelling Bee. Councilmember Coleman made a motion to adopt this Resolution by acclamation. Councilmember Kuspa seconded the motion which passed. RESOLUTION NO. 3336 -04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMEMORATING THE PUBLIC SERVICE TO OUR COMMUNITY BY THE LATE THADEUS T. ZAKOWSKI WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that many relatives, friends, and residents of the city are deeply saddened by the recent passing of one of our community's leaders Thadeus T. Zakowski; and WHEREAS, the Common Council recognizes that Mr. Zakowski was born on the 15th day of December, 1927, in the City of South Bend, and went on to graduate from Riley High School and the South Bend College of Commerce; and WHEREAS, the Common Council recognizes that Mr. Zakowski proudly served in the United States Navy in both World War 11 and in the Korean Conflict; and then returned to the City of South Bend to raise his family with his wife, Theresa, and to work at Bendix for forty - seven (47) years until his retirement; and WHEREAS, the Council is especially proud to acknowledge that Mr. Zakowski was in his IS" year of service as a member of the Board of Public Safety and was instrumental in overseeing operations of the South Bend Fire Department and the South Bend Police Department; and provided keen insights and recommendations for the overall betterment of public safety programs in the city. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: 3 REGULAR MEETING JUNE 14, 2004 Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends the late Thadeus T. Zakowski for a life of dedicated service to his community as an active member of Saint Adalbert Parish, the Holy Name Society, the Usher's Club, the Achievement Forum, the Bendix Management Club, the anchor Conservation Club, the Veteran's of Foreign Wars Post #9820, and for his eighteen (18) years of loyal service as a member of the City of South Bend's Board of Public Safety. Section II. The Common Council is indeed grateful to the late Thadeus T. Zakowski for leaving a rich legacy of service to our community and hope that those memories will help brighten the years ahead for his widow, Theresa Zakowski, their children, family members, and friends. Section III. 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 /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 s /Stephen J. Luecke, Mayor Councilmember Kuspa, 434 South Liberty Street, South Bend, Indiana, made the presentation for this Resolution by first offering his comments his comments and then reading the Resolution in its entirety and presenting it to Mrs. Theresa Zakowski. A Public Hearing was held on the Resolution at this time. Mrs. Theresa Zakowski, accepted the Resolution and thanked Councilmember Kuspa and the entire South Bend Common Council for this great honor. Councilmember Coleman made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLUTION NO. 3337 -04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING THE 2004 CELEBRATION OF JUNETEENTH AND ENCOURAGING CITIZENS TO PARTICIPATE IN THE COMMUNITY ACTIVITIES WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that on the 19th day of June in 1865 the last slaves in America were freed; and WHEREAS, the Common Council further recognizes that June 19th has been nationally referred to as "Juneteenth" and represents the joy of freedom and welcomes the opportunity for new beginnings; and 4 1 1 REGULAR MEETING JUNE 14, 2004 WHEREAS, the Common Council notes that many individuals and organizations have been working together in partnership for the 5th Annual Juneteenth Weekend Celebration in our community whose theme this year is "Celebrating Our Past, Creating Our Future ", and WHEREAS, the City of South Bend, Indiana, believes that all persons should have the opportunity to have effective voice for educational, social and economic advancement so that our community will continue to grow and prosper as a model 21St century city. NOW, THEREFORE BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly recognizes the 2004 celebration of Juneteenth in our community focusing on the theme of "Celebrating Our Past, Creating Our Future ". Section II. The Common Council encourages participation in the 5th Annual Juneteenth Weekend Celebration which includes many activities scheduled for Friday, June 25th through Sunday, June 27th at LaSalle Park which is located at 3419 West Washington Street in South Bend. Section III. 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 /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 s /Stephen J. Luecke, Mayor Councilmember Charlotte Pfeifer, 1013 W. Washington Street, South Bend, Indiana, made the presentation for this Resolution by first offering her comments and then reading the Resolution in its entirety. There was 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 by acclamation. Councilmember Kelly seconded the motion which carried. RESOLUTION NO. 3338 -04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY AND FORMALLY WELCOMING SPECIAL GUESTS FROM OUR SISTER CITY WHO WILL BE IN OUR CITY FROM JUNE 19- 26, 2004, NAMELY THE DELEGATION FROM CZESTOCHOWA, POLAND WHEREAS, the Common Council of the City of South Bend, Indiana proudly acknowledges that on May 30, 1992, representatives of the City of South Bend and 5 REGULAR MEETING JUNE 14, 2004 representatives of the City of Czestochowa, Poland signed a "Sister City Agreement ", with the formal signing ceremony taking place in Czestochowa, Poland; and WHEREAS, the South Bend Common Council formally ratified the Sister City Agreement on July 13, 1992 when it unanimously adopted Resolution No. 1960 -92 and pledged to establish a permanent and enduring international relationship between the people and governments of these two (2) great cities which would further enhance their rich ethnic ties; and WHEREAS, the Common Council further recalls that a "Protocol for Cooperation Czestochowa -South Bend" was signed by then Czestochowa President Tadeusz Wrona and then South Bend Mayor Joseph E. Kernan on October 14, 1993 whereby each city agreed to "undertake joint ventures in areas addressing education, youth, sports, tourism, government, science, medicine, arts, retail and economic development" and that over the past 12 years this international relationship has grown; and WHEREAS, the Council is especially proud to re- establish in person the bonds which Czestochowa and South Bend have in common and to Witamy Mayor Tadeusz Wrona and the entire Czestochowa delegation back to our community. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly and warmly welcomes back to our community Mayor Wrona and the delegation from our Sister City in Czestochowa, Poland. Section II. The Common Council urges all residents of the City of South Bend to participate in the many activities scheduled for June 19, through June 26, 2004, and in particular to attend the Sister City Dinner on Wednesday, June 23, 2004 from 5:30 p.m. to 8:00 p.m. and M.R. Falcon's, 3212 Keller Street in South Bend; and the South Bend Common Council formally declares the week of June 20, 2004 Czestochowa -South Bend Sister City Celebration Week in South Bend, Indiana, USA. Section III. 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 /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 s /Stephen J. Luecke, Mayor Councilmember Kuspa, 434 South Liberty Street, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and stated that it will be presented to the delegation from Czestochowa, Poland, at the dinner on Saturday, June 23, 2004, at M.R. Falcons, 3212 Keller Street, South Bend, Indiana. A Public Hearing was held on the resolution at this time. r fl 1 REGULAR MEETING JUNE 14, 2004 There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Coleman seconded the motion which carried. RESOLUTION NO. 3339 -04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN PENN TOWNSHIP (ALWAY DEVELOPMENT CORPORATION ANNEXATION AREA) WHEREAS, there is pending before the Common Council of the City of South Bend, Indiana, an Ordinance which proposes the annexation of real estate located in Penn Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution, and; WHEREAS, the territory proposed to be annexed encompasses approximately 36.82 acres of vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 50% contiguous, generally located east of Ironwood Road, east of and immediately adjacent to the Stonehedge Development. This annexation territory is intended is intended for development as a single family home subdivision, and will require a basic level of municipal public services of a non - capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system and a storm water system; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, police and fire protection, and other non - capital services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as the services are provided to area within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and which it desires to adopt. 7 REGULAR MEETING JUNE 14, 2004 NOW, THEREFORE, BE IT RESOLVED, BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in Penn Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: A PART OF THE WEST HALF OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE NORTH 00 DEGREES 06 MINUTES 14 SECONDS EAST, ALONG THE WEST LINE OF SAID SECTION, A DISTANCE OF 2027.09 FEET TO THE SOUTHWEST CORNER OF STONEHEDGE SUBDIVISION, SECTION ONE AS RECORDED UNDER INSTRUMENT NUMBER 8721016 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, ALSO BEING THE SOUTHWEST CORNER OF WARRANTY DEED 9446169, RECORDED IN SAID OFFICE OF RECORDER; THENCE SOUTH 89 DEGREES 45 MINUTES 20 SECONDS EAST, ALONG THE SOUTH LINE OF SAID WARRANTY DEED, A DISTANCE OF 1458.52 FEET TO THE SOUTHEAST CORNER OF LOT NUMBER 30 AS SHOWN ON THE PLAT OF STONEHEDGE SUBDIVISION, SECTION THREE, PART ONE AS RECORDED UNDER INSTRUMENT NUMBER 9352210 IN SAID OFFICE OF RECORDER, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE THE NEXT FIVE CALLS ALONG THE EASTERN BOUNDARY OF SAID STONEHEDGE SUBDIVISION; 1) THENCE NORTH 00 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF 502.09 FEET; 2) THENCE NORTH 11 DEGREES 33 MINUTES 05 SECONDS EAST, A DISTANCE OF 112.25 FEET; 3) THENCE NORTH 00 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF 30.00 FEET; 4) THENCE NORTH 14 DEGREES 10 MINUTES 39 SECONDS EAST, A DISTANCE OF 164.31 FEET; 5) THENCE NORTH 80 DEGREES 52 MINUTES 52 SECONDS WEST, A DISTANCE OF 299.96 FEET; THENCE NORTH 14 DEGREES 10 MINUTES 39 SECONDS EAST, ALONG A PART OF STONEHEDGE ESTATES, SECTION FIVE AS RECORDED UNDER INSTRUMENT NUMBER 9400688 IN SAID OFFICE OF RECORDER, A DISTANCE OF 40.16 FEET; THENCE ALONG LOTS 12, 11 AND 10 RESPECTIVELY, AS SHOWN ON THE PLAT OF STONEHEDGE ESTATES, SECTION THREE, PART TWO AS RECORDED UNDER INSTRUMENT NUMBER 9516217 IN SAID OFFICE OF RECORDER, NORTH 20 DEGREES 13 MINUTES 49 SECONDS EAST, A DISTANCE OF 87.41 FEET; THENCE NORTH 00 DEGREES 14 MINUTES 40 SECONDS EAST, A DISTANCE OF 318.46 FEET TO A POINT ON THE NORTH LINE OF SAID WARRANTY DEED; THENCE SOUTH 89 DEGREES 45 MINUTES 20 SECONDS EAST, A DISTANCE OF 1376.16 FEET TO THE NORTH -SOUTH CENTERLINE OF SAID SECTION 32, ALSO BEING NORTH 89 DEGREES 36 MINUTES 13 SECONDS WEST, A DISTANCE OF 2642.38 FEET, AND SOUTH 00 DEGREES 08 MINUTES 54 SECONDS WEST, A DISTANCE OF 1987.33 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 32; THENCE ALONG SAID NORTH -SOUTH CENTERLINE SOUTH 00 DEGREES 14 MINUTES 48 SECONDS WEST, A DISTANCE OF 1287.49 FEET TO THE SOUTHEAST CORNER OF SAID WARRANTY DEED; THENCE NORTH 89 DEGREES 45 MINUTES 20 SECONDS WEST, A DISTANCE OF 1179.11 FEET TO THE POINT OF BEGINNING Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non - capital nature, such as police and fire protection, street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to REGULAR MEETING JUNE 14, 2004 said territory services of a capital improvement nature, such as street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt The Fiscal Plan as set forth in Exhibit "A ", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides among other things, that there will be cost sharing between the City and the owner for construction and installation of various public works within the annexation area. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council 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 a favorable recommendation. Mr. Larry Magliozzi, Assistant Director, Community Development, 12th Floor County -City Building, South Bend, Indiana, made the presentation for this resolution. Mr. Magliozzi informed the Council that this fiscal plan represents the policy for the annexation of property in Penn Township, St. Joseph County. The annexation area is generally located east of Ironwood Road, east and immediately adjacent to the Stonehedge Estates development. The area to be annexed is approximately 36.82 acres. The developer Always Development Corporation is proposing a single family subdivision to be called Deer Hollow. There will be no additional public expenditures needed to extend existing water and sewer main facilities. Street lighting will be required to be installed by the developer at the expense of the City, using the standard terms of the City's contract with AEP, on those rights -of -way within the subdivision. Additional revenue to the General Fund from this Annexation Area will be more than sufficient to pay for the street light operations. The roads in Deer Hollow will remain unconnected to the City's street network until Staffordshire subdivision is built out to make connection to Deer Hollow. The City will seek an agreement with Saint Joseph County concerning this arrangement. The net effect of this agreement will be neutral to both parties. The new street will add mileage to the roadway inventory, and this new mileage will add to the state's payments to the Motor Vehicle Highway Fund, and the Local Road and Street Fund which will be sufficient for street maintenance, sweeping and snow removal. The City has agreed to assist Always Development with the cost of raising the standard of infrastructure development to meet the City of South Bend Standards for Design and Construction. Sidewalks will be installed through the terms and conditions of the City's Good Neighbor program with the City paying the owner's share of the program. The City will pay the cost differential between county and city road construction standards. 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. 9 REGULAR MEETING JUNE 14, 2004 Councilmember Dieter asked how much would property taxes be on the project? Mr. Magliozzi stated that the estimated full net assessment using last years tax rate would be $6,800.000.00 and the estimated tax income per year after full development potential is reached is $88,000.00. Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight ayes. FORMAL ACCEPTANCE OF THE FILING OF UNIFORM CONFLICT OF INTEREST DISCLOSURES Kathleen Cekanski - Farrand, South Bend Common Council Attorney, stated that recently the City Council amended its governing regulations with regard to an ethics provision. Pursuant to that and pursuant to the implacable sections of Indiana State Law. Councilmember Derek Dieter who is also a member of the South Bend Police Department and Councilmember Al `Buddy" Kirsits who is also a member of the South Bend Fire Department filed the Uniform Conflict of Interest Forms with the State Board of Accounts, the Clerk of the St. Joseph Circuit Court and then the State Board of Accounts then forwarded that to the Indiana State Commission of Ethics. Under the requirement of State Law now that we have that file marked copy back and are in the Office of the City Clerk, the City Council is now required to make formal acceptance of those documents and are in no way addressing the content of those documents but just stating that yes they are formally of record with the City Clerk and also as a further footnote later this year will be acting upon an ordinance with the Fire Department immediately after that Councilmember Kirsits will have ten (10) days to file another formal filing with the State Board of Accounts. Therefore, we will be going through that again. Again next year Councilmember Dieter, will be going through that also. Again, this is the first time in light of those new regulations. Councilmember Coleman made a motion to accept the filing of the Uniform Conflict of Interest Disclosures. Councilmember Varner seconded the motion. The motion carried by a voice vote of eight ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:45 p.m., Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember 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: 1. 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. 10 REGULAR MEETING JUNE 14, 2004 4. Comments are heard 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. Any formal presentation against the bill or Resolution which is not subject to a time limitation is heard. 6. 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. 7. 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. 28 -04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; (STEVE & JEAN COOREMAN) (21300 BLOCK OF CLEVELAND ROAD & 52804 LYNNEWOOD AVENUE, SOUTH BEND, INDIANA 46628 Councilmember Kuspa made a motion to continue this bill until the June 28, 2004 meeting of the Council. Council President White seconded the motion which carried by a voice vote of eight (8) ayes BILL NO. 30 -04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN PENN TOWNSHIP CONTIGUOUS THEREWITH Councilmember Puzzello made a motion to hear the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full council with a favorable recommendation. 11 REGULAR MEETING JUNE 14, 2004 Mr. Aaron Blank, L.S., Project Manager, Abonmarch Consultants, LLC, 750 Lincolnway East, South Bend, Indiana made the presentation for this bill. Mr. Blank advised that the property sought to be annexed is located 1/a mile south of Jackson Road approximately 1,400 feet east of Ironwood Road lying behind Stonehedge Subdivision. The parcel is 36.818 acres in size and currently is agricultural land. The petitioner is proposing a single - family subdivision to be called Deer Hollow, consisting of 36 lots. The substitute version of this bill amends the Statement of Purpose and Intent of the original bill to eliminate the reference to a "voluntary" annexation and it includes a new Section IV., which provides for property tax abatement as authorized by state law. 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 Kelly made a motion for favorable recommendation to full Council concerning this bill as substituted, and set for third reading on June 28, 2004. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 31 -04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO CORRECT THE CROSS - REFERENCES IN ARTICLES 12, 13, AND 14; TO AMEND ARTICLE 2, RESIDENTIAL DISTRICTS TO ALLOW PUBLIC PARKS, ACTIVE, AS ALLOWABLE USES IN THE SINGLE FAMILY AND TWO FAMILY AND MULTIFAMILY ZONING DISTRICTS; TO AMEND ARTICLE 8 SPECIAL REGULATIONS, SECTION 21 -08.02 SPECIAL REGULATIONS FOR CONTROLLED USES; AND TO AMEND ARTICLE 7 GENERAL REGULATIONS, SECTION 21 -07.03 (f) OFF - PREMISE SIGNS Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, 1805 Hickory Road, South Bend, Indiana, presented the report from the Commission, and made the presentation for this bill. Mr. Myers advised that the purpose of this ordinance is to make several amendments to the recently adopted zoning ordinance. Some of these amendments simply correct cross references in those sections that were not amended, while other amendments deal with changes to the billboard section, to the location restriction of public parks, and to allow certain controlled uses in the downtown and East Bank area. 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. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. 12 REGULAR MEETING JUNE 14, 2004 BILL NO. 32 -04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 7 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING BUDGET, SALARY, PURCHASING, APPROPRIATIONS AND FINANCIAL REPORTING PROCEDURES Councilmember Dieter made a motion to continue this bill until the June 28, 2004 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Pfeifer made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: J orde, City Clerk ATTEST: tNv&.IN— Sean Coleman, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:59 p.m. Council President Karen L. White presided with eight (8) members present. BILLS – THIRD READING ORDINANCE NO. 9512 -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 This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9513 -04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO CORRECT THE CROSS - REFERENCES IN ARTICLES 12, 13, AND 14; TO AMEND ARTICLE 2, RESIDENTIAL DISTRICTS TO ALLOW PUBLIC 13 REGULAR MEETING JUNE 14, 2004 PARKS, ACTIVE, AS ALLOWABLE USES IN THE SINGLE FAMILY AND TWO FAMILY AND MULTIFAMILY ZONING DISTRICTS; TO AMEND ARTICLE 8 SPECIAL REGULATIONS, SECTION 21 -08.02 SPECIAL REGULATIONS FOR CONTROLLED USES; AND TO AMEND ARTICLE 7 GENERAL REGULATIONS, SECTION 21 -07.03 (f) OFF - PREMISE SIGNS Councilmember Coleman 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. RESOLUTIONS RESOLUTION NO. 3340 -04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3902 W. SAMPLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HUBBELL ELECTRICAL PRODUCTS A DIVISION OF HUBBELL, INCORPORATED (DELAWARE) WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and, WHEREAS, a Declaratory Resolution declared an area commonly known as 3902 W. Sample Street, South Bend, Indiana, and which is more particularly described as follows: Irregular Tract 830.8' on Sample St. NW NE Sec 16- 37 -37 -2E 18.25 AC M or L and which has Key Number 18- 8112 -4203 as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. 14 1 I REGULAR MEETING JUNE 14, 2004 SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Mr. John Cower Vice President, Hubbell Electrical Products, 3902 W. Sample Street, South Bend, Indiana made the presentation for this bill. Mr. Cower stated that Hubbell Electrical Products proposes to purchase manufacturing equipment to relocate a steel box cover line from Arden, North Caroline. This new equipment will allow the South Bend operation to be more flexible and efficient. It is estimated that the total cost of the new equipment will be $5,000,000.00. A Public Hearing was held on the Resolution at this time. Mr. Albert Murphy Jr. no address given, stated that he has lived in South Bend for six years and has four kids invested here. Mr. Murphy asked will the workers will be from the South Bend area? In Rebuttal, Mr. Cower stated that not only a definitive yes, but Hubbell has also started something new. Hubbell actually, about a year ago proposed that since there are a lot of kids here, that graduate from high school, and don't at least immediately go on to college or other education, Hubbell has recruited for some of these jobs at the high school level. Washington High School, South Bend is the first. We are talking about jobs, where kids graduate from high school and can start earning $25,000.00 to $35,000.00 a year. Therefore, to answer the question, yes, the only workers that are not from here happen to live on the Michigan side. Nevertheless, the money is spent here, salaries are spent here and it is mainly a South Bend workforce. There being no one else present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kuspa made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3342 -04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1218 AND 1226 SOUTH 34TH STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TIBERIUS MIHALACHE 15 REGULAR MEETING JUNE 14, 2004 WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1218 and 1226 South 34th Street, South Bend, Indiana, and which is more particularly described as follows: Lots Numbered Two Hundred Thirty -five (235), Two Hundred Thirty - six (236) and Two Hundred Thirty -seven (237) as shown on the recorded Plat of Lot Lettered "A" in Fordham, Recorded April 6, 1903 in Plat Book 8, page 109, in the Office of the Recorder of St. Joseph County, Indiana. and has Key Numbers 18- 6048 -1574, 18- 6048 -1575 and 18- 6048 -1576, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: 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 1 1 G REGULAR MEETING JUNE 14, 2004 exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Mr. Tiberius Mihalache, 117 S. Main Street, Mishwaka, Indiana, 46544 made the presentation for this bill. Mr. Mihalache advised that he plans to build two new 1,450 square foot, one -story single - family homes. The homes will have three bedrooms, 2 baths, and an attached garage. The estimated value of the project is $200,000. 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 Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 17 REGULAR MEETING RESOLUTION NO. 3342 -04 JUNE 14, 2004 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5550 W. CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR USF HOLLAND, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 5550 W. Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered One (1) as shown on the recorded plat of USF Holland Cleveland Road Minor Subdivision recorded February 24, 2000 as Document Number 0009388 in the Office of the Recorder of St. Joseph County, Indiana. Subject to all legal highways, easements and restrictions of record and which has Key Number 25- 1018 -0618, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of seven (7) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. 11R 1 1 REGULAR MEETING JUNE 14, 2004 s /Karen L. White Member of the Common Council Mr. Robert Henry, 404 South Frances Street, P.O. Box 1407, South Bend, Indiana, made the presentation for this bill. Mr. Henry advised that the petitioner USF Holland Inc. proposes to construct a new 100 -door terminal facility (63,000 SF) on 26.43 acres located between Cleveland Road and the Indiana Toll Road, between Mayflower Road and the Ameritech Facility. The project is estimated to cost $7.5 million (including land) and reflects the need for expansion of the existing South Bend operations to accommodate the rapid growth in revenue, service and employment. The project will create 15 new permanent jobs within the first year, representing a new annual payroll of $825,000.00 and will maintain 258 existing permanent full time and four existing permanent part-time jobs. The estimated dollar value of the redevelopment is $6,200,000 to $6,500,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3343 -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 925 NORTH NOTRE DAME AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOHN J. WHELAN III AND MOLLY O'NEILL WHELAN 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 925 North Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: The S %2 E %2 lot 126 Sorin's 2nd Addition; and N %2 E %2 Lot 126 Sorin's 2nd Addition in the City of South Bend, St. Joseph County, Indiana and having the Key Numbers 18 -5107 -3775 and 18 -5107 -3776, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et se q., 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 seg., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area 19 REGULAR MEETING qualifies as a Residentially Distressed Area. JUNE 14, 2004 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. 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 20 REGULAR MEETING JUNE 14, 2004 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 Mr. John Whelan, III, 545 E. Angela Boulevard, South Bend, Indiana made the presentation for this bill. Mr. Whelan advised that he and his wife seek to develop a new single - family home at 925 North Notre Dame Avenue. The home will be built by Dave Snyder Custom Homes. The home will be 2,400 square feet with three bedrooms and two and one half baths. The home will be built on a full basement with a two stall attached garage. The estimated cost of this home is expected to be $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 Kelly made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS, FIRST READING BILL NO. 35 -04 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 4000 BLOCK OF PORTAGE ROAD, COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. 21 REGULAR MEETING JUNE 14, 2004 BILL NO. 36 -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 GERMAN TOWNSHIP CONTIGUOUS THEREWITH; J. DOUGLAS DAUGHERTY, 23977 BRICK ROAD, SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Zoning & Annexation Committee and set it for Public Hearing and 2nd Reading on July 12, 2004 and Third Reading on July 26, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 37 -04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $133,080 WITHIN COMMUNITY & ECONOMIC DEVELOPMENT FUND #212 FOR DISTRIBUTION PURSUANT TO FEDERAL SHELTER PLUS CARE GRANT PROGRAM This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on June 28, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR ANNOUNCEMENT OF NEXT MEETING DATE Council President White announced that the next meeting of the Common Council will be held on Monday, June 28, 2004. COMMENTS BY MR. ALBERT MURPHY JR. CONCERNING STREET SIGN Mr. Albert Murphy, Jr. 2801 Arrowhead South Bend, Indiana, informed the Council that he would like to see a slow down children at play sign put up in his subdivision. Mr. Murphy also informed the Council that a review board should be formed to oversee City Departments. COMMENTS BY MR. JOHN SWANSON CONCERNING CITY WIDE YOUTH CENTER Mr. John Swanson, 1321 W. Washington Street, South Bend, Indiana, informed the Council that he would like to see a basketball center for youth. He stated that they could go there 24 hours a day and have some place to go. COMMENTS BY MS. RITA KOPALA CONCERNING COMMON COUNCIL RESPONSE TO CITIZEN REQUESTS Ms. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, informed the Council that she is 22 u F REGULAR MEETING JUNE 14, 2004 glad to see that the Council is making an effort to respond to citizen's questions. She noted that this practice had not been done in the past. COMMENTS CONCERNING LOW FREQUENCY NOISE Mr. Jeff Sims, Lafayette, Indiana informed the Council that there is a real public health problem in St. Joseph County concerning low frequency noise. Mr. Sims further noted that Indiana residents are now facing an increasing health crisis due to Extremely Low Frequency /Infrasound and Electromagnetic Radiation (EMR) Saturation. One source of 24/7/365 Extremely Low Frequency (ELF) emissions is located in KOKOMO. Since 1999, professional measurements and scientific studies have brought to light the macabre damaging health effects that exposure to Extremely Low Frequency Radiation (below 20 Hertz) has inflicted upon the KOKOMO region's populace. Recently, numerous South Bend Residents came forward with these similar symptoms that may indicate vibroacoustic disease caused by this Extremely Low Frequency /Infrasound pollution. Symptoms include: chronic fatigue, sleep disturbances mostly between 1 a.m. and 4 a.m., memory loss, depression, frequent diarrhea, headaches, and even vomiting. Mr. Sims encouraged that any unusual symptoms should be reported to the St. Joseph County Health Department. Mr. Sims stated that St. Joseph County needs to be tested for Extremely Low Frequency /Infrasound and Electromagnetic Radiation Saturation. Ms. Lucy Rzeszutek, 1603 Enchanted Forrest, South Bend, Indiana, informed the Council that she is waking up in the middle of the night with headaches, nausea, diarrhea, and these symptoms increase as time goes on. Ms. Rzeszutek urged the Council to please investigate and take action. Ms. Tammy Frelich, 54875 Beech Road, Osceola, Indiana, stated that she was a student at IUSB and had to drop two (2) classes because of nausea, migranes, and memory loss. She attributes her symptoms to the Extremely Low Frequency /Infrasound and Electromagnetic Radiation (EMR) Saturation. Ms. Frelich stated that there are ways to correct this problem, by using a copper shield screen box. Ms. Frelich stated that there is information about it and the U.S. Government and military knows about this problem. They have been testing for ELF and EMR since the 1950's. Ms. Frelich petitioned the Council to further investigate the low frequency noise in St. Joseph County. Ms. Diane Anton, 309 E. LaSalle Avenue, South Bend, Indiana, stated that she was born in South Bend, Indiana and her parents moved to Kokomo, Indiana when she was a teenager. Ms. Anton stated that she lived in Kokomo for several decades when she began with symptoms associated with Extremely Low Frequency /Infrasound and Electromagnetic Radiation Saturation. Ms. Anton stated that the doctors could not find out what was wrong with her. She went to I.U. Med Center, Biomedics University in Krakow, Poland, Biomedics University in Lisbon, Portugal. Ms. Anton informed the Council that she was diagnosed with vibroacoustic disease. That is exposure to extremely low frequency of sound below the threshold of hearing and also electro magnetic radiation. She moved to South Bend and still experienced the same symptoms severe bone aches, headaches, nausea, diarrhea and vomiting. Ms. Anton stated that she was afraid to tell anyone because they would say it was just her. Ms. Anton further informed the Council that a company from Boston brought instruments to South Bend. They measured 7 hertz consistently all over St. Joseph County, not in just one area. Ten (10) hertz was measured in Kokomo, and studies show that ten (10) hertz and below is a recognizable cause of cancer. This will cause central nervous system damage, put liaisons on the brain and damage your heart and circulatory system. Governor Kernan is now making a decision to appropriate money. The two (2) counties to be tested Howard County, (Kokomo, Indiana) and St. Joseph County. There are minutes of the meeting, with a biomedics engineer from Europe, she was educated in Drexel, Pennsylvania. Dr. Curry, who used to work for the federal government in the Star Wars Program and also Jim Cowan from Boston, Massachusetts, the three of them agreed that this is incrementally making people sick and destroying their health and it will damage children. This will damage the work population for twenty (20) years. Ms. Anton is asking that the Council form a Committee and meet with Governor Keman to address this problem. Ann Puzzello, 4th District City Council, stated that she met with Dr. Janice Carson, St. Joseph County Health Department. Ms. Puzzello stated that Dr. Carson indicated that she 23 REGULAR MEETING JUNE 14, 2004 had not received any reports indicating or reports stating that there have been cases of Extremely Low Frequency /Infrasound and Electromagnetic Radiation in St. Joseph County. If she does receive, any Dr. Carson stated that she would look into it. Ms. Puzzello also stated that Dr. Carson has put in her resignation from the St. Joseph County Health Department and is taking a position in Virginia. Currently, the Health Department is in limbo right now and looking for a replacement for Dr. Carson. Ms. Puzzello stated that the Health Department is the appropriate governing body to work with on this matter. So at this time we will have to wait until a new health officer is appointed because we do need the interest and help of the Health Department. Council President White stated that any information and reports regarding Extremely Low Frequency /Infrasound and Electromagnetic Radiation should be forwarded to Councilmember Puzzello. The South Bend Common Council will then take into consideration, but again we will be working with the Health Department as soon as a new health officer is assigned ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:40p.m. ATTEST: ATTEST: r P J �f ohn orde, City Clerk Karen L. White, President 1 24