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HomeMy WebLinkAbout06-23-03 Council Meeting MinutesREGULAR MEETING JUNE 23.2003 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 23, 2003, at 7:00 p.m. The meeting was called to order by Council President Karen L. White and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King Ervin Kuspa Sean Coleman Al "Buddy" Kirsits Karen L. White 1st District 2nd District 3" District 4th District Chairperson, Committee of the Whole 6" District At -Large Vice - President At -Large At -Large President Absent: David Varner 51 District None OTHERS PRESENT: Kathleen Cekanski - Farrand Council Attorney Sandra M. Parmerlee Chief Deputy City Clerk Janice I. Talboom Deputy City Clerk SPECIAL BUSINESS: RESOLUTION NO. 3202 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, WELCOMING THE 2003 DELEGATION FROM ARZBERG, GERMANY WHEREAS, the South Bend/Arzberg connection is more than 150 years old, originating when a large number of citizens from Arzberg emigrated to South Bend and helped to build our city; and WHEREAS, many names such as Elbel, Muessel, Nickels, Troeger, as well as many others that are synonymous with the growth and development of South Bend and Mishawaka represent families which originated in Arzberg; and WHEREAS, the strong bond between Arzberg and South Bend was forged in part from many letters sent between Arzberg and South Bend telling of the strengths of each city and the unique qualities they display; and REGULAR MEETING JUNE 23, 2003 Section I. On behalf of the citizens of South Bend, Indiana, the Common Council hereby publicly welcomes the Delegation from Arzberg, Germany and offers its best wishes for an enjoyable and successful visit to South Bend. Section II. The Common Council wishes to now thank the Delegation for coming to South Bend to further strengthen the ties between our two cities. Section III. The Common Council hereby publicly pledges to uphold this relationship and to continue this bond of family in the years to come. 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. s /James Aranowski, First District s /Ervin Kuspa, Sixth District s /Charlotte Pfeifer, Second District s /Sean Coleman, At Large s/Roland Kelly, Third District s /Al `Buddy" Kirsits, At Large s /Karl King, Fourth District s/Karen L. White, At Large s/ David Varner, Fifth District Common Council President s/Kathleen Cekanski - Farrand, Council Attorney Attest: s /Loretta J. Duda, City Clerk s /Stephen J. Luecke, Mayor Councilmember Jim Aranowski, 2229 Pine Creek Court, South Bend, Indiana, made the presentation for this Resolution by reading it in its entirety and presenting it to the delegation from Arzberg. Councilmember Aranowski was joined at the podium by Mayor Stephen Luecke, members of the delegation from Arzberg, Germany and Dr. Gabrielle Robinson who interpreted for the delegation. Mayor Luecke welcomed the delegation which included the Mayor and fellow citizens. He stated that South Bend is proud of its heritage and the many different places that its citizens come from but in particular he is pleased to re- establish the bond with Arzberg who sent to South Bend many founding families that have been important to the growth and history of South Bend. Mr. Winfried Geppert, Mayor, Arzberg, Germany, thanked the Council for the wonderful reception and stated that he is proud to be present at the Common Council meeting because he very much admires the American system of democracy. He stated that he is also very pleased to see so many young people in the audience. He indicated that he hopes that the connection between the two (2) cities will continue and grow. Mayor Geppert thanked the Council for the Resolution and presented to Council President White a china plate. Dr. Robinson informed the Council that Arzberg, Germany is one of the foremost china manufactures in Germany. The plate read " Arzberg citizens meet friends in South Bend, June 2003." President White stated that she was pleased to accept the piece of china on behalf of the Common Council. 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 i REGULAR MEETING JUNE 23, 2003 Mayor Luecke noted that this evening the City welcomed representatives from Arzberg, Germany who represent families who came to this City years ago and were important founding members of this community who helped to build South Bend. Now it is time to look to the future and welcome the members of the first Youth Advisory Council. The Mayor thanked Councilmembers who brought this Youth Advisory Council to reality and thanked and congratulated the youth who have offered their services to make South Bend a better community. He stated that he is enthused and excited about their energy, the ideas they will bring and share, the ideals they represent and about the future that they certainly are part of as we move forward. Mayor Luecke stated that the City looks forward to many opportunities to meet with the Youth Council to hear their ideas about how the City is doing but also to offer some additional opportunities through the Indiana Association of Cities and Towns or the National League of Cities noting that there are opportunities to participate in youth conferences that they will now be eligible to attend. In conclusion, Mayor Luecke stated that the City looks forward to their wisdom, questions, challenges, energy and ideals. Council President White welcomed the members of the Youth Advisory Council and their liaisons and commended each of them for taking this important leadership step which will help the City to tap into their energies, skills, ideals and the energies and ideals of the young people they will be representing. She advised that in 1999, when she was interviewed by the South Bend Tribune Editorial Board as an At Large Candidate for the South Bend Common Council one of the initiatives that she indicated that she wanted to bring to the Council was that of youth involvement through leadership and internship opportunities and is happy and humbled to see this initiative accomplished. President White noted that in addition to the Youth Advisory Council, the Common Council has been involved in organizing Civic Day for the 21 st Century Scholars and each of the Youth Advisory Council members will have the opportunity to participate in this event. She informed the members of the Youth Council that serving on this Council will provide to them many opportunities for service as well as allowing them to learn more about how their government and City work. President White thanked Mayor Luecke, Lynn Coleman, Assistant to the Mayor, City Clerk Loretta Duda and Council Attorney Kathleen Cekanski- Farrand for their many hours of work toward this effort and she thanked fellow Councilmembers for their support and assistance. President White stated that the City is fortunate to have such fine outstanding students as members of the Youth Advisory Council who are outstanding both academically and based upon their level of involvement in our community and in the schools. At this time, Councilmember Pfeifer, co- sponsor of the bill, shared some of the goals and objectives of the Youth Advisory Council. Councilmember Pfeifer thanked everyone gathered to launch this leadership initiative. She stated that these youth will be asked to help increase interest in voting as well as to take a look at civic responsibility not only in terms of voting but in responding to what is going on in their neighborhoods, schools and families. Councilmember Pfeifer noted that communication between youth and civic leaders will be established and the youth will be role models for younger people because part of the Youth Advisory Council legislation is for this Youth Council to start a Council for younger people. This Council will also work with the Indiana Youth Initiative which is an institute which organizes positive initiatives for young people. Councilmember Pfeifer stated that the Council wants the Youth Advisory Council members to help them do more things in the community that are youth oriented. She noted that education has always been a big equalizer and asked what can be done to help other young people stay in school and succeed at their academic best. REGULAR MEETING 3' District 4' District 5th District At Large At Large At Large Samantha Mainieri Nicole Ligon Steven Richter Beth Ann Dits Chris M. Martin Chris Rayl JUNE 23, 2003 Not Present Adams High School Andrew B. Jones Clay High School Lauren Mischel Ironwood Christian School Seth Runkle St. Joseph High School Erin James Trinity School Joshua M. Lowe Chief Deputy City Clerk Sandra Parmerlee administered the Oath of Office to the above named individuals. Deputy City Clerk Janice Talboom read the names of the following three (3) individuals who will serve as liaisons to the Youth Advisory Council: Katie Farrand Sarah Tezich Stephanie Tezich Not Present Chief Deputy City Clerk Sandra Parmerlee administered the Oath of Office to these individuals. President White thanked everyone who has been involved in the initiation of the Youth Advisory Council including parents, family, friends and sponsors. Youth Advisory Council members were asked to stand and give recognition and appreciation to these individuals for their guidance and support. SPECIAL PRESENTATION BY COUNCILMEMBER ROLAND KELLY OF THE 2003 CITY BROCHURE Council President White advised that under the leadership of past Council President Pfeifer the Council brochure was developed and she has had the pleasure of completing the final work by Councilmember Pfeifer. She thanked Council Attorney Kathleen Cekanski- Farrand for her work on this brochure and all the individuals who contributed to its publication. Councilmember Pfeifer advised that the Council did not have a brochure and it was decided to put something formal together. The Council wanted to remember previous Councilmembers. This brochure is the uniting of the past with the present and the future. Councilmember Pfeifer presented the brochure to the City Clerk for official filing along with copies for all Councilmembers. At this time, President White indicated that in implementing the Youth Advisory Council the Council also believed that it was important to bring together current and past leaders of the City for this event. This would give the students the opportunity to meet these great leaders of the community. The Council is recognizing and celebrating past, present and future leaders at this time. Councilmember Kelly introduced the following individuals who included school administrators as well as past and present public officials who joined him at the podium and were presented with the REGULAR MEETING Present and Past Council officers: Mary Chris Adams James V. Barcome Beverlie J. Beck Frank Horvath Eugene Ladewski Stephen J. Luecke JUNE 23, 2003 Former Councilmember At Large Former Councilmember at Large Former 3rd District Councilmember Former Councilmember At Large Former Councilmember At Large and current Councilmember in South Haven, Michigan Former 1 st District Councilmember and current SPECIAL PRESENTATION BY VICE - PRESIDENT SEAN COLEMAN Councilmember Coleman was j oined at the podium by former Councilmember Gene Ladewski who presented to the Council a group Council photograph taken in 1960. Mr. Ladewski rescued this old photograph from the old City Hall just before it was demolished. Councilmember Coleman announced the names of the former Councilmembers in the photo and noted that this photo will be on display in the Council office lobby. Former Councilmembers in the photograph are: Third District Councilmember Walter Glass Sixth District Councilmember Chet Muszynski Fifth District Councilmember Bill Lehman Councilmember At Large Chester Allen Second District Councilmember Joe Kroll Councilmember At Large Albert Tellson 4th District Councilmember Paul Krueper Councilmember Coleman noted that the two (2) former Councilmembers in the photo that are still living are Mr. Ladewski who is a former At Large Councilmember along with his father, former First District Councilmember Hal Coleman, who could not be present this evening. Councilmember Coleman stated that this is a terrific tribute to the linkage between Councils past and present and the Council is grateful to former Councilmember Ladewski for his service and contribution of this photograph which will have a place of honor in the Council lobby along with other photographs. There being no comments by Councilmembers at this time, members of the Youth Advisory Council and the liaisons came forward to shake hands with members of the Common Council. FIVE MINUTE RECESS At 7:50 p.m. Councilmember King made a motion for a five (5) minute recess. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. Mayor of the City of South Bend Rafael Morton St. Joseph County Council President Peter J. Nemeth Former Councilmember At large, former Mayor and currently Juvenile Court Judge Betty Lou Nimtz Former Deputy Clerk Ann Puzzello Former 4th District Councilmember John Voorde Former Councilmember At Large Thomas Zakrezewski Former 6th District Councilmember SPECIAL PRESENTATION BY VICE - PRESIDENT SEAN COLEMAN Councilmember Coleman was j oined at the podium by former Councilmember Gene Ladewski who presented to the Council a group Council photograph taken in 1960. Mr. Ladewski rescued this old photograph from the old City Hall just before it was demolished. Councilmember Coleman announced the names of the former Councilmembers in the photo and noted that this photo will be on display in the Council office lobby. Former Councilmembers in the photograph are: Third District Councilmember Walter Glass Sixth District Councilmember Chet Muszynski Fifth District Councilmember Bill Lehman Councilmember At Large Chester Allen Second District Councilmember Joe Kroll Councilmember At Large Albert Tellson 4th District Councilmember Paul Krueper Councilmember Coleman noted that the two (2) former Councilmembers in the photo that are still living are Mr. Ladewski who is a former At Large Councilmember along with his father, former First District Councilmember Hal Coleman, who could not be present this evening. Councilmember Coleman stated that this is a terrific tribute to the linkage between Councils past and present and the Council is grateful to former Councilmember Ladewski for his service and contribution of this photograph which will have a place of honor in the Council lobby along with other photographs. There being no comments by Councilmembers at this time, members of the Youth Advisory Council and the liaisons came forward to shake hands with members of the Common Council. FIVE MINUTE RECESS At 7:50 p.m. Councilmember King made a motion for a five (5) minute recess. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING JUNE 23, 2003 Councilmember King 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 comments of the public both in favor of and against each bill that has been submitted for ordinance consideration. After the hearing on each bill the Council will vote on the disposition of the bill which typically is to send it to the full Council with either a favorable or an unfavorable recommendation. He noted that the South Bend Municipal Code in Article 1, Section 2 -11 requires that prior to the commencement of any hearings, the Chairperson of the Committee of the Whole must briefly explain the procedure that will be followed for all Public Hearings on bills filed for ordinance consideration. The Committee operates in accord with the Council Rules and Procedures and Roberts Rules of Order and Council Attorney Kathleen Cekanski - Farrand 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 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. 5. 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. The total time for comments by members of the public speaking against the bill is limited to 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. 44 -03 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST NORTH - SOUTH ALLEY WEST OF WILLIAM STREET FROM LINCOLN WAY WEST TO THE FIRST EAST -WEST ALLEY Councilmember King, Vice - Chairperson, Public Works and Property Vacation Committee, reported that thi s committee held a Hearine on this bill this afternoon. However, it comes to the Council with REGULAR MEETING JUNE 23, 2003 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Robert Adams, 314 North Taylor Street, South Bend, Indiana, advised that he is on the Lincolnway West Corridor Committee and is Chairman of the Safety Committee. In the last three (3) years they did an extensive rezoning on Lincolnway and several alleys that were underutilized or not utilized and were a hazard were discussed. The proposed alley to be vacated is one of the alleys that they pinpointed as a problem and the Corridor Committee supports the position to vacate the alley. Ms. Opal Jost, 320 North Taylor Street, South Bend, Indiana, noted that she owns the property at 420 Lincolnway West which is across the street from this alley. She stated that the alley is a nuisance because people that go through the alley throw trash. Ms. Jost stated that she sees no benefit to the alley at all. She noted that her daughter, Ms. Beverly Lynch, owns the two (2) houses and will make a beautiful area if she is allowed to close this alley. There were no other individuals present wishing to speak in favor of this bill. The following individual spoke in opposition to this bill: Mr. Calvin Murdock, 417 Lincolnway West, South Bend, Indiana, advised the Council that he utilizes this alley. He noted that it is the only north/south alley between North Taylor Street and North William Street. The strategic importance of the alley in the morning is that when the eastern sun is out you cannot see driving the long alley that spans between North Taylor Street and William Street. He noted that the shortest distance to Lincolnway is this north/south alley. Also, there is traffic congestion on North William Street because there is a blind curve. From a safety standpoint it is much more advantageous to exit westbound to Lincolnway from this north/south alley then attempt to exit at North William Street. Mr. Murdock noted that his family owns Lot #13 and Lot #16 which is within the one hundred fifty foot (150') impact area. He noted that the two (2) individuals who spoke earlier and live at 420 Lincolnway and 314 Taylor Street do not actually live within the impact area pursuant to the ordinance. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Ms. Lynch stated that as Mr. Murdock indicated he is the only person that utilizes this alley and that is because he does not want to drive down to William Street which would be much safer to turn right and come out at the light onto Lincolnway Way. She noted that vehicles can turn left and go to the back alley and come up Madison Street to another light that will bring them back onto Lincolnway West. The blind curve which Mr. Murdock mentioned is a mile away from this alley proposed to be vacated. She reiterated that the alley goes from a width of fourteen feet (14') feet to ten feet (10'). Additionally, Mr. Murdock uses this alley only in the morning to turn around and park right in front of his house. She indicated that there are three (3) other ways to get out. Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 45 -03 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH /SOUTH ALLEY WEST OF LOGAN STREET REGULAR MEETING JUNE 23, 2003 Councilmember King, Vice - Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and they were unable to vote on a recommendation because of the absence of a quorum of that committee. Mr. Pat Brown, Site Scapes, Inc., 1816 North Main Street, Mishawaka, Indiana, representing the Petitioner, Baugo Creek Realty, made the presentation for this bill. Mr. Brown informed the Council that this petition is for the vacation of certain streets and alleys on the northwest corner of Edison and Hickory (Logan Street in South Bend). He noted that the Petitioner is the developer of the Hickory Crossing Shopping Center which would like to expand the shopping center east to Hickory Road. This portion of Logan Street is the old portion of the road where the intersection used to jog. The curve was put in with Hickory Road and the proposed area to be vacated is located in South Bend. The east half of the right of way, which is Hickory Road, was vacated by the City of Mishawaka last month. The portion of Kale Street is the remaining portion that runs east /west from the Hickory Crossing Shopping Center to Hickory Road. The western portion that dead -ends into Boehm Park Area was vacated with the development of Hickory Crossing two (2) years ago and it is the parallel north/south alley west of Logan Street adjacent to the shopping center. 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 Kirsits made a motion for favorable recommendation to full Council. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 43 -03 PUBLIC HEARING ON A BILL APPROPRIATING UP TO $1,000,000 FROM THE CITY OF SOUTH BEND'S ECONOMIC DEVELOPMENT STATE GRANT FUND (FUND 210) TO BE USED BY THE DEPARTMENT OF PUBLIC WORKS TO FUND ENVIRONMENTAL REMEDIATION ACTIVITIES AT THE FREDRICKSON PARK SITE Council President White made a motion to consider the substitute version of this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Coleman, Chairperson, Parks, Recreation, Cultural Arts and Entertainment Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Ms. Ann Kolata, Department of Community and Economic Development, 51695 Stoneham Way, Granger, Indiana, made the presentation for this bill. Ms. Kolata advised that this bill appropriates up to $1 million dollars for Fredrickson Park Environmental Remediation activities. This is a loan from the State of Indiana to the City of South Bend. At the current time the City has closed on the loan for seven hundred eighty nine thousand nine hundred dollars ($789,900.00) and has a request pending for the remaining two hundred ten thoncand one hundred dollars ($210.100.00). This request is for the full $1 million dollars which REGULAR MEETING JUNE 23, 2003 private funds in order to enable the development of the park. 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 Aranowski made a motion for favorable recommendation to full Council. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 23 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 5 ENTITLED PUBLIC SAFETY REQUIREMENTS FOR LARGE EATING/DRINKING ESTABLISHMENTS Councilmember Coleman made a motion to consider the substitute verison of this bill. Council President White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kelly, Chairperson, Health and Public Safety Committee, reported that this committee heard this bill this afternoon and sends it to the Council with a favorable recommendation. First District Councilmember Jim Aranowski, 2229 Pine Creek Court, South Bend, Indiana, sponsor of the bill, made the presentation. Councilmember Aranowski advised that this bill is the result of intergovernmental cooperation with Prosecutor Mike Dvorak who brought to his attention that there were problems with the large downtown drinking establishments after closing. At one time twenty eight (28) squad cars were needed which left portions of the City unprotected. Mr. Dvorak was concerned about crime in the neighborhoods because of the continued use of police in the downtown area. Councilmember Aranowski noted that Mr. Dvorak asked him if they could work together to put together an ordinance addressing this problem. The proposed ordinance will require large bars to develop Serving Intervention Programs as a means of preventing harm. It will require responsible management practices which are aimed at reducing violence in and around licensed premises which serve alcohol beverages. Also, the bill will require trained security at such establishments. These establishments are defined as places that have alcohol beverage permits and have occupancy over two hundred (200) people or more and are open for business past 1:00 a.m. on a regular business day in the Central Business District. Mandatory training will be required and can be accomplished through State Excise with no cost to the bar owners. Bar owners will be asked for harm reduction strategies. A minimum of three (3) trained security personnel will be required during regular business hours from 10:00 p.m. until thirty (30) minutes after closing for the first two hundred (200) people and one (1) additional trained security personnel for each one hundred (100) persons thereafter. Councilmember Aranowski noted that most of the bar owners that he has met with downtown indicated that they do meet that criteria. Also, they will be asked for a Security Strategies Package. All of these will be given to the Board of Public Safety and the Chief of Police. In response to concerns raised by Councilmember Kirsits, the last requirement is that public service announcements must be made beginning at 10:00 n.m. indicating the location of fire exits_ Tf a hand REGULAR MEETING I JUNE 23, 2003 There was no one present wishing to speak in favor of this bill. There was no one present wishing to speak in opposition to this bill. The following individual stated that he was not opposed to the bill but had a question. Mr. David Daitchman,1464 Ridgedale, South Bend, Indiana, stated that he was not against the bill but had a question. He asked that if the bars already have three (3) security officers for every two hundred (200) patrons and four (4) when there were more than two hundred (200) patrons, and twenty -eight (28) squad cars had to respond at that level, then they haven't changed anything and they have not fixed the problem. He stated that he does not see anything that is changing or improving the situation. In rebuttal, Councilmember Aranowski stated that this ordinance is strong because of the requirements, filings and classes that the bartenders have to attend and get certificates on serving, how to deal with drunk and disorderly individuals and how to exit people. Councilmember Aranowski noted that the bartenders indicated that the problem arises when two thousand five hundred (2,500) people hit the streets. The bar owners and security personnel will get training from the South Bend Police Department and from the State Excise on how to handle that situation. Councilmember Pfeifer asked if once this ordinance is formalized and training has occurred and with sufficient time no improvement is seen, what precludes the Council from adding more to the ordinance. Councilmember Aranowski stated that more teeth could be put in the ordinance at that time. Council Attorney Kathleen Cekanski Farrand noted that a report will be filed with the Health and Public Safety Committee'by November 15th of this year and the Chief of Police as well as the neighborhood groups will have the right to voice their opinion as far as public safety matters each year. Councilmember Kelly made a motion to send this bill to the full Council with a favorable recommendation as substituted. Councilmember Kirsits seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Kelly made motion to rise and report to the full Council. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. oil a!'iJ-00. X. ATTE P K ttee o hQer g, n i ole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:17 p.m. Council President Karen L. White presided with eight (8) members present. u Ll REGULAR MEETING JUNE 23, 2003 This bill had third reading. Councilmember Pfeifer 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. 9429 -03 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST NORTH -SOUTH ALLEY WEST OF WILLIAM STREET FROM LINCOLN WAY WEST TO THE FIRST EAST -WEST ALLEY This bill had third reading. Councilmember Aranowski 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. 9430 -03 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH/SOUTH ALLEY WEST OF LOGAN STREET FROM EDISON ROAD TO KALE STREET. THE FIRST STREET TO BE VACATED IS A PORTION OF KALE STREET FROM LOGAN STREET, WEST TO THE EAST LINE OF EDISON ROAD ADDITION FIRST REPLAT. THE SECOND STREET TO BE VACATED IS ONE HALF OF THE RIGHT OF WAY OF LOGAN STREET FROM EDISON ROAD TO THE NORTH RIGHT OF WAY LINE OF SAID KALE STREET, BEING A PART OF EDISON ROAD ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. 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. ORDINANCE NO. 9431 -03 AN ORDINANCE APPROPRIATING UP TO $1,000,000 FROM THE CITY OF SOUTH BEND'S ECONOMIC DEVELOPMENT STATE GRANT FUND (FUND 210) TO BE USED BY THE DEPARTMENT OF PUBLIC WORKS TO FUND ENVIRONMENTAL REMEDIATION ACTIVITIES AT THE FREDRICKSON PARK SITE This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember King 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 eight (8) ayes. ORDINANCE NO. 9432 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE REGULAR MEETING JUNE 23, 2003 RESOLUTIONS RESOLUTION NO. 3203 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2020 KENWOOD, 318 N. O BRIEN, 2021 S. CHAPIN, 729 N EDDY, 2422, 2432, 2505 AND 2509 W. LINDEN RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY 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 2020 Kenwood, 318 N. Obrien, 2021 S. Chapin, 729 N. Eddy; and 2422, 2432, 2505 and 2509 W. Linden, South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 2020 Kenwood Avenue 24 ft W side of Lot 8 & 18- 2024 -0727 9 ft E side of Lot 9 O'Bannons Sub. 18 ft W side of Lot 7 & 18- 2024 -0728 15 ft E side of Lot 8 O'Bannons Sub. 318 N. Obrien Street Lot 16 Werwinski's 2nd Sub. 18- 2024 -0756 Lot 15 Werwinski's 2nd Sub. 18- 2024 -0754 2021 S. Chapin Street Lot 84f E %2 City View Pl. 18- 8037 -1543 729 N. Eddy Street N %2 ofS %2 of E %2 Lot 10 Sorin's 1St 18 -5028 -1016 2422 W. Linden Avenue Lot 6 Kaley's 1St 18- 2069 -2548 Lot 7 Kaley's 1 st 18- 2069 -2547 2432 W. Linden Avenue Lot 8 Ex S 40 ft Kaley's 1" 18- 2069 -2546 40 ft S End Lot 8 Kaley's 1St 18- 2069 -2545 West %2 of Lot 7 Kaley's 1St 18- 2069 -2547 2505 W. Linden Avenue Lot 43 Kaley's 1" 18- 2068 -2507 East %2 of Lot 42 Kaley's 1st 18- 2068 -2505 2509 W. Linden Avenue Lot 41 Kaley's 1" 18- 2068 -2503 West %2 of Lot 42 Kaley's 1" 18- 2068 -2505 1 C a REGULAR MEETING JUNE 23, 2003 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 sea., 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such REGULAR MEETING JUNE 23, 2003 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. Mark VanLue, 51073 Ash Road, Granger, Indiana, made the presentation for this bill. Mr. VanLue advised that Habitat for Humanity proposes to build eight (8) new homes consisting of one thousand one hundred twenty (1,120) to one thousand three hundred forty -four (1,344) square feet, three (3) to four (4) bedrooms, one (1) to one and three - quarters (13/4) baths on a full basement with an approximate value of seventy thousand dollars ($70,000.00) each for a total project value of approximately five hundred eighty -five thousand dollars ($585,000.00). He noted that Habitat for Humanity partners with the community and low income families to provide affordable housing and tax abatement is one of the many ways the City of South Bend has partnered with Habitat to make the dream of home ownership possible. 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 King seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3204 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2226 S. MEADE STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GERALD ZOCK 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 2226 S. Meade Street, South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 2226 S. Meade Street Lot 251, Homeland 2nd Add. 18- 8105 -3982 be designated as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and nhiPetinnc from interested nersons: and E REGULAR MEETING JUNE 23, 2003 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 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 REGULAR MEETING JUNE 23, 2003 Mr. Zock advised that he wishes to apply for an abatement for a house that he would like to build on South Meade Street. It will be about one thousand square feet (1000'), with two (2) bedrooms, a one (1) car garage and a fenced yard. He noted that a new home in this area will increase the value of the existing homes in the area and the project will also help to promote future improvements and development in the area. The total estimated dollar value of this project is sixty thousand dollars ($60,000.00). 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. RESOLUTION NO. 3205 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT NUMBERS 1 THROUGH 3 AND 73 THROUGH 101 JADE CROSSING SUBDIVISION, SECTION ONE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR CLELAND BUILDERS, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as Lots 1 through 3 and 73 through 101 Jade Crossing Subdivision, Section 1, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 4441 Jade Crossing Drive Lot 1 Jade Crossing, Section 1 25 -1013- 020748 4433 Jade Crossing Drive Lot 2 Jade Crossing, Section 1 25- 1013 - 020749 4425 Jade Crossing Drive Lot 3 Jade Crossing, Section 1 25- 1013 - 020750 4309 Ashard Drive Lot 73 Jade Crossing, Section 1 25 -1013- 020920 4310 Ashard Drive Lot 74 Jade Crossing, Section 1 25- 1013 - 020921 4316 Ashard Drive Lot 75 Jade Crossing, Section 1 25- 1013 - 020922 4324 Ashard Drive Lot 76 Jade Crossing, Section 1 25- 1013 - 020923 4406 Ashard Drive Lot 77 Jade Crossing, Section 1 25 -1013- 020924 4412 Ashard Drive Lot 78 Jade Crossing, Section 1 25- 1013 - 020925 4418 Ashard Drive Lot 79 Jade Crossing, Section 1 25- 1013 - 020926 4426 Ashard Drive Lot 80 Jade Crossing, Section 1 25 -1013- 020927 4502 Ashard Drive Lot 81 Jade Crossing, Section 1 25- 1013 - 020928 4514 Ashard Drive Lot 82 Jade Crossing, Section 1 25- 1013 - 020929 4522 Ashard Drive Lot 83 Jade Crossing, Section 1 25 -1013- 020930 4532 Ashard Drive Lot 84 Jade Crossing, Section 1 25- 1013 - 020931 4604 Ashard Thrive Lot 85 Jade Crossing, Section 1 25 -1013- 020932 REGULAR MEETING 4417 Ashard Drive 4411 Ashard Drive 4405 Ashard Drive 4327 Ashard Drive 4321 Ashard Drive 4315 Ashard Drive 4309 Ashard Drive 4303 Ashard Drive Lot 94 Jade Crossing, Section 1 Lot 95 Jade Crossing, Section 1 Lot 96 Jade Crossing, Section 1 Lot 97 Jade Crossing, Section 1 Lot 98 Jade Crossing, Section 1 Lot 99 Jade Crossing, Section 1 Lot 100 Jade Crossing, Section 1 Lot 101 Jade Crossing, Section 1 as a Residentially Distressed Area; and JUNE 23, 2003 25 -1013- 020941 25 -1013- 020942 25 -1013- 020943 25 -1013- 020944 25- 1013 - 020945 25- 1013 - 020946 25- 1013 - 020947 25- 1013 - 020948 WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: 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. REGULAR MEETING JUNE 23, 2003 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 areas described herein as Residentially Distressed Areas 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 sea. 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. Bernard Feeney, 215 West Marquette Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Feeney advised that he is present on behalf of Cleland Builders who are the developers of the residential subdivision to be known as Jade Crossing located on the south side of Brick Road immediately to the west of Heritage Pointe Subdivision and east of Mayflower Road. This particular phase of the subdivision being considered tonight is Phase I consisting of thirty two (32) lots and is the premiere phase of this particular development. These lots, when developed, will have a total value in excess of $3 million dollars. He advised that there will probably be an additional seventy (70) more lots to follow. Mr. Feeney stated that his office has already been given the go ahead for Phase II which will follow later this summer. In regards to Phase I, currently there is a plat before the Area Plan Commission for final approval of the subdivision. Plans have already been submitted to the City Engineer's office and they expect the street and sewer plans to be adopted or approved yet this week. The water plans have already been approved. 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 King 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. RESOLUTION NO. 3206 -03 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 140 LAKE STREET REGULAR MEETING JUNE 23, 2003 Lot 356, Except N 34', 2" Plat of LaSalle Park Addition Lot 357, 2nd Plat of LaSalle Park Addition Lot 358, 2nd Plat of LaSalle Park Addition Lot 359, 2nd Plat of LaSalle Park Addition Lot 360, 2nd Plat of LaSalle Park Addition and these properties have Key Numbers 18- 4063 -2353, 18- 4063 -2357, 18- 4063 -2361, 18 -4063- 2365, 18- 4063 -2369, respectively, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., 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 SeMc ., and South Bend Municipal Code Sections 2 -76, et sea., 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 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 REGULAR MEETING JUNE 23, 2003 D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Rufus Chatman, 617 North Cushing Street, South Bend, Indiana, made the presentation for this bill. Mr. Chatman advised that he and his wife purchased a modular home which is one thousand nine hundred (1,900) square feet that will be located at 140 South Lake Street approximately two (2) to two and one -half ( 2 1/2) months from now. Mr. Chatman asked for the Council's approval and REGULAR MEETING JUNE 23, 2003 Therefore, Councilmember Pfeifer 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. 3207 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN AGREEMENT RE- ESTABLISHING THE ST. JOSEPH COUNTY HOUSING CONSORTIUM AND AUTHORIZING THE EXECUTION THEREOF WHEREAS, ON November 28, 1990, the National Affordable Housing Act (NAHA) of 1990, also known as the Cranston - Gonzales Act, became law, to implement its stated goal that every American family be able to afford a decent home; and WHEREAS, NAHA requires any governmental unit to formulate and submit appropriate plans in order to be eligible to receive funds from several existing federal programs, including Community Development Block Grants (CDBG), the HOME Investment Partnership Program (HOME), Emergency Shelter Grants (ESG), as well as to be eligible to receive funds from new housing assistance programs created by NAHA; and WHEREAS, NAHA provides for the designation of geographically contiguous units of general local government to participate as consortia in, and thereby be considered a single Unit of general local government, for purposes of HOME; and WHEREAS, I.C. 36 -1 -7, the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise, jointly or by one entity on behalf of the others, powers that may be exercised by such units severally; and WHEREAS, pursuant to the Interlocal Cooperation Act, the Cities of South Bend and Mishawaka and the County of St. Joseph, being contiguous units of general local government have formed the St. Joseph Housing Consortium, which, by agreement of the member entities, is to terminate on December 31, 2003; and WHEREAS, the Cities of South Bend, Mishawaka, and St. Joseph County are desirous of re- establishing the Consortium for the purposes of receiving an allocation and participating in the HOME, CDBG, ESG, and all other housing programs administered by HUD for which they may be eligible, and for the purpose of cooperating to undertake or to assist in the undertaking of housing assistance activities for HOME and other HUD programs, including using a January 1 start date for each program year; and WHEREAS, substantially similar resolutions will be approved by the St. Joseph County Council and the Mishawaka Common Council. NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA UNDER I.C. 36 -1 -7, THE INDIANA INTERLOCAL COOPERATION ACT, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: REGULAR MEETING JUNE 23, 2003 Section III. THAT The Common Council of the City of South Bend, Indiana hereby confirms its commitment to the goals and the reality of fair housing within the City of South Bend. 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. s/Karen L. White Member, Common Council Councilmember King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Beth Leonard, 1820 Portage Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Leonard noted that this Resolution will continue the St. Joseph County Housing Consortium which was established in 1991. Every three (3) years the City has to adopt a Resolution to continue the consortium. Ms. Leonard noted that the consortium is made up of an Interlocal Agreement of the Cities of South Bend and Mishawaka and St. Joseph County. The City of Mishawaka and the County Council have already adopted similar Resolutions. 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 King made a motion to adopt this Resolution. Councilmember Aranowski seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS - FIRST READING BILL NO. 49 -03 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY EAST OF KESSLER BLVD. FROM KINYON STREET NORTH TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE 126.6 FEET, MORE OR LES S, AND A WIDTH OF 14 FEET. SAID ALLEY BEING PART OF THE NORTHWEST ADDITION, 3RD PLAT IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Coleman 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 July 14, 2003. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION: Tt i� noted that the Council is in receipt of recommendations from the Area Plan REGULAR MEETING JUNE 23, 2003 BILL NO. 40 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 6, BOARD OF ZONING APPEALS, DIVISION 2, EXCEPTIONS TO DISTRICT REGULATIONS OF THE SOUTH BEND MUNICIPAL CODE TO ALLOW POOL AND BILLIARD HALLS AS SPECIAL EXCEPTIONS IN THE "C" COMMERCIAL, "D" LIGHT INDUSTRIAL, AND `B" HEAVY INDUSTRIAL DISTRICTS Councilmember Coleman made a motion to refer these bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on July 14, 2003. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR CONCERNS ABOUT WATER BILL Mr. David Daitchman, 1464 Ridgedale Road, South Bend, Indiana, showed the Council his water bill and advised that he used no water and was still charged seventy -seven dollars and eighty -nine cents ($77.89). He noted that apparently there is a rule which the Water Department told him the Common Council was in charge of that there is a minimum charge for usage. He was told by the Water Department that they cannot change anything unless the Council makes a decision that usage is the basis for billing as opposed to a blanket charge. Mr. Daitchman stated that a blanket charge does not in any way encourage people to be frugal or thrifty or responsible about the usage of their water. He indicated that in less than five (5) years this bill has gone from twenty dollars ($20.00) a month to seventy -seven dollars and eighty -nine cents ($77.89) and he does not know why. Mr. Daitchman indicated that if Councilmember Varner were present this evening he would ask for his assistance. He stated that somehow, some way he would like to get this issue dealt with as the Water Department told him that their hands are tied. He indicated that he does not know the procedure to go through to get this issue resolved and therefore he attended the Council meeting this evening. Council President White asked that the City Clerk be allowed to make a copy of the bill and she advised him that someone would contact him this week. COMMENTS ABOUT SOUTHEAST COMMUNITY Mr. Lewis Lee Clark, Sr., 401 East Indiana Avene, South Bend, Indiana, stated that he loves this town and the reason he is present this evening is to address some of the hopelessness of the southeast side community. He noted that the Common Council has done a good job in some areas of the town. However, the southeast side still remains a focal point for drugs, drug dealers, sex, violence, and over one hundred (100) vacant houses in the past ten (10) to twenty (20) years. The question is where is the growth and what is being done to improve the community. He noted that history has shown that the Common Council focuses on the suburban area. Sanitation pick up is poor. When trees are destroyed by storms they are the last to get their area cleaned up. Taxes are constantly going up and the property is going down. Children have to nlav near drug houses and are fearful of gun shots and even being REGULAR MEETING JUNE 23, 2003 ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:40 p.m. ATTEST: Loretta J. ,City erk ATTEST; Karen L. White, Pres i dent 1 F M