HomeMy WebLinkAbout08-09-10 Common Council Meeting Minutes
REGULAR MEETING AUGUST 9, 2010
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, August 9, 2010 at 7:00
p.m. The meeting was called to order by Council President Dieter and the Invocation and
Pledge to the Flag were given.
ROLL CALL
COUNCILMEMBERS:
Present: Derek D. Dieter 1st District, President
Henry Davis, Jr. 2nd District
Thomas LaFountain 3rd District
Ann Puzzello 4th District, Chairperson Committee of the Whole
David Varner 5th District
Oliver Davis 6th District, Vice-President
Al “Buddy” Kirsits At-Large
Timothy Rouse At-Large
Karen L. White At-Large
OTHERS PRESENT:
Kathleen Cekanski-Farrand Council Attorney
John Voorde City Clerk
Janice I. Talboom Deputy City Clerk
Mary Beth Wisniewski Chief Deputy
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 July 26, 2010 meeting of the Council and found them to be correct.
Therefore, we recommend the same be approved.
s/Derek D. Dieter
s/David Varner
Councilmember White made a motion that the minutes of the July 26, 2010 meeting of
the Council be accepted and placed on file. Councilmember Rouse seconded the motion
which carried by a voice vote of nine (9) ayes.
SPECIAL BUSINESS
There was no Special Business to come before the Council at this time.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:03 p.m. Councilmember Henry Davis made a motion to resolve into the Committee
of the Whole. Councilmember Varner seconded the motion which carried by a voice
vote of nine (9) ayes. Councilmember Puzzello, Chairperson, presiding.
Councilmember Puzzello explained the procedures to be followed for tonight’s meeting
in accordance with Article 1, Section 2-11 of the South Bend Municipal Code.
Councilmember Puzzello stated that a brochure may be found on the railing in the
Council Chambers explaining those procedures.
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REGULAR MEETING AUGUST 9, 2010
PUBLIC HEARINGS
BILL NO. 27-10 PUBLIC HEARING ON A BILL AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED EAST OF AND ADJACENT TO 1847
LINCOLNWAY EAST, SOUTH BEND,
INDIANA 46613, COUNCILMANIC DISTRICT
NO. 3, IN THE CITY OF SOUTH BEND,
INDIANA
Councilmember Al “Buddy” Kirsits, Chairperson, Zoning and Annexation Committee,
reported that this committee held a Public Hearing on this substitute bill this afternoon
and voted to send it to the full Council with a favorable recommendation.
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Mr. Derek Spier, Staff Member, Area Plan Commission, 11 Floor County-City
Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the
Commission.
Mr. Spier advised that the petitioner is requesting a zone change from GB General
Business District to CB Community Business District to allow a financial institution with
a drive-up window and ATM. On site is a vacant lot previously occupied by an
automobile sales business. To the north is an apartment complex for IUSB students
zoned U University District. To the east is a vacant lot and drugstore zoned GB General
Business District. To the south across Lincolnway East is a fast food restaurant zoned
CB Community Business District and a motorcycle sales business zoned GB General
Business District. To the west is a fast food restaurant zoned CB Community Business
District. He stated the site is approximately 1.53 acres and is proposed to include a one-
story 3,995 square foot building covering 6% of the site. Fifty-four parking spaces will
be provided and together with all other paved areas will cover 44,801 square fee or 67%
of the site. The remaining 27% of the site will be open space consisting primarily of
perimeter landscaping areas and interior landscape islands. A curb cut along Lincolnway
East will continue to provide access to the site. Variances were approved by the Area
Board of Zoning Appeals to not require foundation landscaping, a reduction in the
required number of stacking spaces for both the drive-up window and ATM, and to not
require perimeter landscaping along the east property line. The site has been zoned GB
General Business District since 2004 when it was a part of the Don Medow automobile
dealership. Don Medow vacated the premises in the spring of 2008 and the existing
structure was razed. According to the 1966 aerials, this commercial/retail structure as
located on this site for over 40 years. Prior to 2004, the site was zoned “C” Commercial,
“E” Height and Area. He noted that Lincolnway East is a five land road including a
center two-way left urn lane. The site will continue to be served with municipal sewer
and water. Mr. Spier noted that the Building Department and County Surveyor have no
comments and the Division of Engineering and Public Construction has no objections.
He stated that the site is currently vacant consisting primarily of paved areas and sparse
natural ground cover where the prior building once stood. Land uses along this section of
the Lincoln Way corridor are mostly commercial and retail with student housing to the
north. The site includes cross access to the adjacent properties to the west and east at the
north end of the site and to the east at the south end of the site. The land to the east is
anticipated to be developed as commercial, retail or service. The most desirable use of
this site is higher intensity commercial since it is located adjacent to other intense
commercial uses. Lincolnway, which is a major east-west thoroughfare, provides the
proper access to this predominately automobile oriented commercial area. Surrounding
property values should not be negatively affected since the proposed us is compatible
with the adjacent commercial uses. The proposed use support responsible growth and
development since it is located along an existing commercial corridor. This vacant and
underutilized property has been commercial or retail for over 40 years. He stated that the
Commission held a public hearing on July 20, 2010 and sends this bill to the Common
Council with a favorable recommendation; in addition the staff also recommends that the
petition be sent to the Common Council with a favorable recommendation. Mr. Spier
advised that this rezoning will allow for a vacant and underutilized property to be used
for a high intensity automobile oriented commercial use. Prior high intensity commercial
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REGULAR MEETING AUGUST 9, 2010
uses, including an automobile dealership, have been located at this site since the 1960’s.
Adjacent uses including fast food restaurants and a drugstore complement the proposed
use.
Mr. Mike Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South
Bend, Indiana, made the presentation for this bill on behalf of property owner
Lincolnwood Retail LLC.
Mr. Danch advised that the owner Lincolnwood Retail LLC is requesting a zone change
from GB General Business District to CB Community Business District to allow for the
construction of a financial institution with a drive –up window & ATM. Mr. Danch
noted that the financial institution Community Wide Federal Credit Union is proposing a
4,000 square foot branch to be constructed on the site.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
Councilmember Kirsits asked Mr. Danch if Communitywide Federal Credit Union was
purchasing the property from Lincolnwood Retail LLC.
Mr. Danch stated yes.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Dieter made a motion for favorable
recommendation to full Council concerning this bill as substituted. Councilmember
Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 29-10 PUBLIC HEARING ON A BILL AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1219 MISHAWAKA AVENUE,
SOUTH BEND, IN 46615 COUNCILMANIC
DISTRICT 3, IN THE CITY OF SOUTH BEND,
INDIANA
Councilmember Al “Buddy” Kirsits, Chairperson, Zoning and Annexation Committee,
reported that this committee held a Public Hearing on this substitute bill this afternoon
and voted to send it to the full Council with a favorable recommendation.
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Mr. Derek Spier, Staff Member, Area Plan Commission, 11 Floor County-City
Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the
Commission.
Mr. Spier advised the petitioner is requesting a zone change from MU Mixed Use District
to SF2 Single Family & Two Family District to allow for a private, loft-style residence.
On Site is an existing one-story structure. To the north are two single-family residences
zoned SF2 Single Family & Two Family District. To the east is the Grand Trunk
Western Railroad. To the south is the Grand Trunk Western Railroad. To the west is a
piano repair business zoned Mu Mixed Use District, and across Mishawaka Avenue is a
beauty salon zoned LB Local Business District. He noted that no site plan is required for
rezoning to the SF 2 Single Family & Two Family District. Prior to the 2004 update of
the City Zoning ordinance, the property was zoned “C” Commercial, “D” Height & Area.
The historical aerials show that the existing structure has been located on this site since
before the 1960’s. Mishawaka Avenue is a five land road including a two-way left turn
lane which becomes a left-turn only land as it approaches Beyer Avenue/Longfellow
Avenue. The site will continue t be served by municipal sewer and water. The Building
Department and County Surveyor had no comments. The Division of Engineering and
Public Construction has no objections. The site is currently occupied by a one-story
brick structure which was previously used for commercial purposes. A parking area is
located on the site behind the building. An adjacent alley to the west provides access to
these parking spaces from both Mishawaka Avenue and Longfellow Avenue. This end of
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REGULAR MEETING AUGUST 9, 2010
Mishawaka Avenue is primarily a business and commercial area which includes a piano
repair and resale ship, clothing and gift store, a printing service, a soft water company,
and a hair salon. A single family residential neighborhood is located to the north. The
most desirable use of the property is local commercial, retail service or residential. Any
of these uses are compatible with the adjacent mixed uses located along both Mishawaka
Avenue and Longfellow Avenue. Surrounding property values should not be negatively
affected since the proposed rezoning is to a less intense district. Residential use of the
property is compatible with the adjacent commercial, retail and residential uses. The
proposed use is responsible growth and development since it lies within a mixed use area
which includes commercial, retail, and residential uses. Mr. Spier noted that the
Commission held a public hearing on July 20, 2010 and sends this bill to the Common
Council with a favorable recommendation. He stated that based on information available
prior to the public hearing the Staff recommends that the petition be sent to the Council
with a favorable recommendation. Mr. Spier advised that this rezoning will allow for an
existing vacant commercial structure to be rehabilitated and used for single-family
residence. Residential use of the site is compatible with the adjacent mixed land uses
including commercial, retail, service, and residential.
Mr. Michael Wiescher, 1007 Hudson Avenue, South Bend, Indiana, made the
presentation for this bill.
Mr. Wiescher advised that he is requesting a zone change from MU Mixed Use District to
SF 2 Single Family & Two Family District to allow for a private, loft-style residence. He
stated that he would like to restore the building to its original design, maintaining its
commercial appearance and convert the interior of the building to a loft style two person
residence.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
Councilmember Rouse questioned if this rezoning this from commercial to residential
would lower the property’s assessed value.
Council President Derek Dieter called upon City Clerk John Voorde, former Portage
Township Assessor.
City Clerk Voorde stated that depending on how it is assessed the value could go down or
up. He noted that if it is assessed commercial, it might qualify for some economic or
functional obsolescence causing the value to go down, if it is assessed residentially with
the property tax caps in place the value could go up. He stated that it would first have to
be determined how the property is assessed.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Dieter made a motion for favorable
recommendation to full Council concerning this bill as substituted. Councilmember
Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 33-10 PUBLIC HEARING ON A BILL AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 101 E. NORTH SHORE DRIVE,
COUNCILMANIC DISTRICT FOUR IN THE
CITY OF SOUTH BEND, INDIANA
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REGULAR MEETING AUGUST 9, 2010
Councilmember Al “Buddy” Kirsits, Chairperson, Zoning and Annexation Committee,
reported that this committee held a Public Hearing on this substitute bill this afternoon
and voted to send it to the full Council with a favorable recommendation.
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Ms. Christa Nayder, Staff Member, Area Plan Commission, 11 Floor County-City
Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the
Area Plan Commission.
Ms. Nayder advised that the petitioner is requesting a zone change from SF2 Single
Family and Two Family District to PUD Planned Unite Development District to allow
renovation and expansion of existing church structure to a four (4) unit residential
condominium. On site is a church building parking area, garage and green space. To the
north are single family homes zoned SF2 Single Family and Two Family District. To the
east are single family homes zoned SF2 Single Family and Two Family District. To the
south are single family homes zoned SF2 Single Family and Two Family District and the
St. Joseph River. To the west are single family homes zoned SF2 Single Family and Two
Family District. She stated that the entire site is 0.54 acres. Four condominium units are
proposed for a density of 7.4 units per acre. There is an existing building with an
addition and a garage proposed, for a total of 7,335 square feet or 31% of building
coverage. The garage will hold 4 cars and additional paving will accommodate another 2
cars for a total of 6 parking spaces. Paving, including the new drive/parking area and
existing walkways, will cover 12% of the site. The remaining 57% is open space
including existing green space with mature trees on the south of the site. The only access
proposed is from Leeper Avenue. From 1996 to 2004 this property was zoned A
Residential (One Family.) The building appears on both 1986 and 1971 aerial
photography. Ms. Nayder noted that the staff suggests that the petitioner contact the
Board of Works regarding the possibility of two street trees along Leeper Avenue to
buffer the new, larger garage. The most desirable use is a use which will be compatible
with the surrounding residential area. Surrounding property values should not be
negatively affected. It is responsible growth and development to allow the conversion of
an existing structure into a use that is compatible with a mostly residential neighborhood.
Ms. Nayder advised that the Commission held a public hearing on July 20, 2010 and send
this bill to the Common Council with a favorable recommendation, subject to the
following Written Commitments: 1. maintaining the existing green space. 2.
Maintaining the architectural characteristic of the building. 3. Defining each unit as a
single family unit and 4. Allowing the Staff to approve the underground garage concept.
This rezoning will allow the adaptive reuse of a previously institutional building within a
well-established residential neighborhood.
Mr. Charles Leone, 1055 Riverside Drive, South Bend, Indiana, made the presentation
for this bill.
Mr. Leone advised that East Northshore Properties, LLC, is the contingent purchaser of
the property at 101 E. North Shore Drive, South Bend, Indiana and has requested
rezoning of the property to Planned Unit Development (PUD) district for purposes of
creating four condominium units on the property through reuse of the existing building
and the construction of an addition. Mr. Leone stated that during meetings with
neighbors and through the Area Plan Commission property, certain commitments were
requested so that the property would be developed in a manner most beneficial to the
surrounding neighborhood. Accordingly, Mr. Leone stated that he and East Northshore
Properties, LLC will commit to the following with respect to this project: 1. Each unit in
the project will be defined as a single-family unit within the meaning of South Bend’s
zoning code. 2. The project will be constructed with lower level parking under the new
addition instead of an at-grade parking garage on the north end of the property, subject to
approval by the Area Plan Commission staff. 3. The existing green space on the south
end of the property will be maintained, subject only to necessary sidewalks and
driveways as shown on the site plan. 4. The architectural character of the existing
building will be maintained.
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REGULAR MEETING AUGUST 9, 2010
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
Councilmember Rouse questioned how the City will enforce the no more than two (2)
unrelated people living in a unit.
Mr. Leone stated that it should be enforced just like any of the zoning laws.
Councilmember Henry Davis asked what the plan is for that area. Are they trying to keep
the neighborhood primarily residential single family homes? Also, how did Mr. Leone
become involved in this project.
Mr. Leone stated that the question was what to do with the existing building. He stated
that there is not much parking on site. The neighborhood associations and residents did
not want to see more paving or asphalt, they wanted to keep green space. He stated that
this is a less intensive use. He stated that he became involved in this project first
st
primarily because he is a member of the 1 Unitarian Church. He stated that the
congregation was growing and needed a larger building. He stated that they discussed
the option of expanding on the existing property, however, parking was an issue. He
stated that when the First Christian Church was sold to Good Shephard Montessori there
was an opportunity for them to relocate there and it seemed like a good project for
himself and the church. Mr. Leone stated that they talk to residents of the area and it was
decided that they did not want to expand the parking area on the existing site, they
wanted to keep as much green space as possible.
Councilmember Rouse questioned why it took two (2) years to come to fruition?
Mr. Leone stated that the whole process just took that long.
Councilmember Puzzello stated that this development is in her district and that this is
being beautifully done and believes that this is a superior development.
Councilmember Al “Buddy” Kirsits advised that he grew up in this neighborhood and
stated that this development is an excellent re-adaptive use of the building.
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
recommendations subject to the written commitments stated in the August 6, 2010 letter
signed by Mr. Leone, East Northshore Properties, LLC. Councilmember White seconded
the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 38-10 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING
$285,000.00 FROM COMMUNITY
DEVELOPMENT FUND #212 FOR
DEVELOPMENT AND TRAINING TARGETED
TO BUSINESSES WITHIN THE AIRPORT
ECONOMIC DEVELOPMENT AREA
Councilmember Rouse, Chairperson, Community and Economic Development
Committee, reported that this committee met this afternoon on this bill and sends it to the
Council with a favorable recommendation.
Ms. Elizabeth Leonard-Inks, Director, Financial & Program Management, Community &
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Economic Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South
Bend, Indiana, made the presentation for this bill.
Ms. Leonard advised that this bill would appropriate funds from a $285,000.00
Department of Labor grant the City was awarded for to develop a system to successfully
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REGULAR MEETING AUGUST 9, 2010
prepare/train/retrain members of the City’s local workforce for current and future jobs
related to businesses located within the Airport Economic Development Area of the City
of South Bend, and secondly, to provide this customized training to 40 at-risk individuals
and place at least 25 of them in new jobs. The funds will be appropriated into the
Community Development Fund (Fund #212) and used to contract for the development
and training services.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
Councilmember Dieter asked who will monitor this program along with keeping the
Council informed on its development.
Ms. Leonard-Inks advised that their office would monitor the program. She stated that
she would be happy to work together to keep the Council up to date.
Councilmember Henry Davis, Jr. asked what does keep up to date mean.
Ms. Leonard-Inks stated her office would give those recommendations to the Council.
Councilmember Henry Davis, Jr. questioned whether the educational opportunity would
go to a non-profit institution or it sounds like to him that this is a done deal and that the
department already has someone in mind for these services.
Ms. Leonard-Inks advised that most likely it would be an educational institution that
would be providing these services. She noted that this is done by bid process.
Councilmember Henry Davis, Jr., stated that he would not be supporting this bill tonight.
Ms. Leonard-Inks stated that they would be happy to talk with anyone interested in
providing these services and pass that onto who ever the bid proposal goes to.
Councilmember Dieter asked if bids had gone out.
Ms. Leonard-Inks advised that bids went out July 16, 2010 and are due in by August 23,
2010.
Councilmember Rouse questioned in paragraph thereof the submission requirements that
“Training must be developed using actual information provided by businesses and
evaluations of their procedures. Training must be offered at the Successful Firm’s
location in collaboration with the South Bend Community School Corporation Adult
Education. Other support services such as mentoring and coaching must also be
provided.” He stated that it sounds like the vendor is already picked.
Ms. Leonard stated that who ever get the bid will have to work collaboratively with the
SBCSC and those organizations. She stated that they already have the SBCSC support
and will work with who ever the successful bidder may be.
Councilmember Puzzello questioned what is going to happen on August 23, 2010.
Ms. Leonard-Inks stated that on August 23, 2010 the Board of Public Works will open
those bids to see who is interested in providing these services. She stated that they will
need some time to review the bids to see if they meet all the requirements.
Councilmember Varner questioned the expectation to start with 90 individuals with a
45% completion rate (40 students) and at least 25 being referred for placement was a
standard or who came up with that.
Ms. Leonard-Inks stated that is what they developed as a minimum. She stated that they
needed a minimum to apply for the grant and this is what they came up with. She stated
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REGULAR MEETING AUGUST 9, 2010
that they would like to see this grant continue for a long period of time and come up with
other grants that could compliment this one to help placement of individuals.
Councilmember Rouse asked if there is a deadline on this bill.
Ms. Leonard-Inks advised that according to the grant they must be done by April 30,
2012, she stated the longer that we wait the less that is going to get done.
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 concerning this bill. Councilmember Oliver Davis
seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay
(Councilmember Henry Davis, Jr.)
BILL NO. 39-10 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS OF $80,300 FROM THE
WATER WORKS SINKING FUND #625
Councilmember Oliver Davis, Chairperson, Utilities Committee, reported that this
committee met this afternoon on this bill and sends it to the Council with a favorable
recommendation.
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Mr. Gregg Zientara, Controller, 12 Floor County-City Buidling, 227 W. Jefferson Blvd.,
South Bend, Indiana, made the presentation for this bill.
Mr. Zientara advised that the Council adopted the 2010 budget with the passage of
Ordinance Nos. 9957-09 and 9992-09, which included expenditures for various City
operations. Mr. Zientara stated that it is now necessary to appropriate additional funds
for operational expenditures necessary for the City to effect provision of services to
citizens which were not foreseen at the time the City budget was adopted. He stated that
this is interest expense for 2009 revenue bonds series A and B underestimated in original
budget. He noted that the budget was prepared in August and the bond closed in
September.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Varner made a motion for favorable
recommendation to full Council concerning this bill. Councilmember Oliver Davis
seconded the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 40-10 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES
OPERATIONS IN 2010 OF $110,000 FROM
GENERAL FUND (#101), $600,000 FROM
MOTOR VEHICLE HIGHWAY FUND (#202),
$500,000 FROM LIABILITY INSURANCE FUND
(#226), AND ($58,000) FROM COUNTY OPTION
INCOME TAX FUND (#404)
Councilmember Tom LaFountain, Chairperson, Personnel & Finance Committee,
reported that this committee met this afternoon on this bill and sends it to the Council
with a favorable recommendation.
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REGULAR MEETING AUGUST 9, 2010
Council President Derek Dieter disclosed that he is a member of the South Bend Police
Department and after discussion with Council Attorney Kathleen Cekanski-Farrand it
was determined that no conflict exists.
City Clerk John Voorde handed out a letter from Mayor Stephen J. Luecke, dated August
9, 2010, regarding the 2009 Year End Report and Draft 2010 Work Plan from B & D
Consulting. He stated that it is on file in the Office of the Clerk for review.
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Gregg Zientara, City Controller, 12 Floor County-City Building, 227 W. Jefferson
Blvd., South Bend, Indiana, made the presentation for this bill.
Mr. Zientara advised that this bill would allow for the appropriation of additional funds
for operational expenditures necessary for the City to effectively provide services which
were not foreseen at the time the 2010 budget was adopted.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
Councilmember Henry Davis questioned whether or not the City has employees who
could do this job. Why is it necessary to hire a consulting firm such as B&D?
Councilmember Oliver Davis stated that he has work with B&D Consulting on the
relocation of the TRANSPO bus maintenance facility in Ignition Park and that they are
wonderful to work with and very knowledgeable in regards to federal grant opportunities
available for municipalities.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Dieter made a motion for favorable
recommendation to full Council concerning this bill. Councilmember Varner seconded
the motion which carried by a voice vote of eight (8) ayes and one (1) nay
(Councilmember Henry Davis, Jr.)
BILL NO. 43-10 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING $57,027.00
FROM THE ECONOMIC DEVELOPMENT
INCOME TAX FUND (NO. 408) IN 2010 FOR
ADDITIONAL COSTS OF THE NORTHEAST
TRIANGLE DEVELOPMENT PROJECT
Councilmember Rouse, Chairperson, Community and Economic Development
Committee, reported that this committee met this afternoon on this bill and sends it to the
Council with a favorable recommendation.
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Don Inks, Community & Economic Development, 12 Floor County-City Building, 227
W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill.
Mr. Inks advised that on December 14, 2009, as part of the 2010 capital budget, the
Council passed Ordinance No. 9993-09, which appropriated $410,000 in Economic
Development Income Tax Fund #408 for the purpose of property acquisition and
demolition of eight (8) units from the South Bend Housing Authority as a part of the
project to provide new housing in the proposed Eddy Knolls development area. He stated
that this bill would allow for the additional appropriation of $57,027.00 to remove the
discovery of asbestos covering the walls in six of the eight units. Increased demolition
and abatement standards apply due to the discovery of the asbestos which will increase
the monies required to complete the property demolition. He stated that the total monies
for this project are $467,027.00 and noted that the EDIT fund has sufficient cash reserves
to fund this additional expenditure.
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REGULAR MEETING AUGUST 9, 2010
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Dieter made a motion for favorable
recommendation to full Council concerning this bill. Councilmember Oliver Davis
seconded the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 41-10 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, FOR BUDGET TRANSFERS
FOR VARIOUS DEPARTMENTS WITHIN THE
CITY OF SOUTH BEND, INDIANA FOR THE
YEAR 2010
Councilmember LaFountain, Chairperson, Personnel & Finance Committee, reported that
this committee met this afternoon on this bill and sends it to the Council with a favorable
recommendation.
Councilmember Kirsits disclosed that he is a member of the South Bend Fire Department,
and that he has his conflict of interest form on file with the Office of the City Clerk. He
noted that after discussion with Council Attorney Kathleen Cekanski-Farrand it was
determined that no conflict exists and will be voting on this issue tonight.
Councilmember Dieter disclosed that he is a member of the South Bend Police
Department and that he has his conflict of interest form on file with the Office of the City
Clerk. He noted that after discussion with Council Attorney Kathleen Cekanski-Farrand
it was determined that no conflict exists.
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Gregg Zientara, City Controller, 12 Floor County-City Building, 227 W. Jefferson
Blvd., South Bend, Indiana, made the presentation for this bill.
Mr. Zientara advised that unforeseen circumstances not contemplated in the original
budget, have developed since the Common Council adopted the 2010 budget which
necessitates the increase and reduction of appropriations within various departments of
the General Fund and of other funds of the City of South Bend.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Dieter made a motion for favorable
recommendation to full Council concerning this bill. Councilmember Oliver Davis
seconded the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 42-10 PUBLIC HEARING ON A BILL OF THE CITY
OF SOUTH BEND, INDIANA, APPROVING
TEMPORARY LOAN OF $39,763.60 FROM
ECONOMIC DEVELOPMENT INCOME TAX
FUND (#408) TO PAY FOR ACQUISITION OF
25 PROPERTIES BY THE SOUTH BEND
REDEVELOPMENT COMMISSION WITHIN
TIF REVENUE-AIRPORT FUND (#324)
Councilmember Rouse, Chairperson, Community and Economic Development
Committee, reported that this committee met this afternoon on this bill and sends it to the
Council with a favorable recommendation.
10
REGULAR MEETING AUGUST 9, 2010
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Don Inks, Community & Economic Development, 12 Floor County-City Building, 227
W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill.
Mr. Inks advised that the St. Joseph County Treasurer recently offered for sale a number
of real estate properties on its tax sale list which are beneficial to South Bend’s economic
development projects, and which could not have been anticipated in advance of the actual
sale listing. The South Bend Redevelopment Commission has acquired 25 of these
properties at greatly reduced cost, a total of $39,973.60, or an average of $1,600 per
parcel. At the time of tax sale, the properties were not on the South Bend Redevelopment
Commission’s 2010 acquisition list necessitating the temporary use of monies from
Economic Development Income Tax Fund #408 in the sum of $39,973.60 to make the
purchase, which is authorized by I.C. 36-1-8-4. The sum of $39,973.60 temporarily
transferred by Edit Fund #408 to TIF Revenue – Airport Fund #324 shall be returned
promptly to EDIT Fund #408 in satisfaction of the inter-fund loan for acquisition of the
tax sale properties.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
Councilmember Henry Davis questioned how many properties are on the demolition list
for 2010.
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Mr. Jeff Gibney, Executive Director, Community & Economic Development, 12 Floor
County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana stated that his
department does not have the numbers for demolition, however, he stated that Catherine
Toppel, Director of Code Enforcement would have those figures. He stated that he
thought the number was around 250 to 280 for the past year.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Dieter made a motion for favorable
recommendation to full Council concerning this bill. Councilmember Oliver Davis
seconded the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 44-10 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING SECTION 14-56
OF THE SOUTH BEND MUNICIPAL CODE
MODIFYING THE FEES FOR TEMPORARY
RESIDENTIAL CONDITIONAL USE PARKING
PERMITS AND IMPROVING PROOF OF
RESIDENCE REQUIREMENTS
Councilmember LaFountain, Chairperson, Personnel & Finance Committee, reported that
this committee met this afternoon on this bill and sends it to the Council with a favorable
recommendation.
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John Voorde, City Clerk, 4 Floor County-City Building, Room 455, 227 W. Jefferson
Boulevard, South Bend, Indiana, made the presentation for this bill.
Clerk Voorde stated that fee adjustments are necessary to Temporary Residential
Conditional Use Parking Permits in order to continue to properly implement and enforce
this ordinance. The bill would make certain fee adjustments, retain the 10% discount if
applied and meeting the deadlines prior to the first home game, require additional
verification of ownership of property, require a letter of consent from the landlord in
landlord/tenant situations, and add a provision that applications for such permits would
not be taken prior to thirty (30) days before the first home football game of each season.
This is the second year that the City Clerk’s Office is issuing this temporary residential
conditional use parking permits since it was transferred from the City Controller’s Office.
Clerk Voorde asked for the Council favorable consideration.
11
REGULAR MEETING AUGUST 9, 2010
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Dieter made a motion for favorable
recommendation to full Council concerning this bill. Councilmember Oliver Davis
seconded the motion which carried by a voice vote of nine (9) ayes.
RISE AND REPORT
Councilmember Oliver Davis made a motion to rise and report to the full Council.
Councilmember Varner seconded the motion which carried by a voice vote of nine (9)
ayes.
ATTEST: ATTEST:
_________________________ _________________________
John Voorde, City Clerk Ann Puzzello, Chairperson
Committee of the Whole
REGULAR MEETING RECONVENED
Be it remembered that the Common Council of the City of South Bend reconvened in the
Council Chambers on the fourth floor of the County-City Building at 8:31 p.m. President
Derek Dieter presided with nine (9) members present.
BILLS – THIRD READING
ORDINANCE NO. 10026-10 AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED
EAST OF AND ADJACENT TO 1847
LINCOLNWAY EAST, SOUTH BEND,
INDIANA 46613, COUNCILMANIC DISTRICT
NO. 3, IN THE CITY OF SOUTH BEND,
INDIANA
This bill had third reading. Councilmember Varner made a motion to consider the
substitute version of this bill. Councilmember White seconded the motion which carried
by a voice vote of nine (9) ayes. Additionally, Councilmember Rouse made a motion to
pass this bill as substituted. Councilmember Oliver Davis seconded the motion which
carried. The bill passed by a roll call vote of nine (9) ayes.
ORDINANCE NO. 10027-10 AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT
1219 MISHAWAKA AVENUE, SOUTH BEND,
IN 46615 COUNCILMANIC DISTRICT 3, IN
THE CITY OF SOUTH BEND, INDIANA
This bill had third reading. Councilmember White made a motion to consider the
substitute version of this bill. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of nine (9) ayes. Additionally, Councilmember White made a
motion to pass this bill as substituted. Councilmember Oliver Davis seconded the motion
which carried. The bill passed by a roll call vote of nine (9) ayes.
12
REGULAR MEETING AUGUST 9, 2010
ORDINANCE NO. 10028-10 AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT
101 E. NORTH SHORE DRIVE,
COUNCILMANIC DISTRICT FOUR IN THE
CITY OF SOUTH BEND, INDIANA
This bill had third reading. Councilmember White made a motion to consider the
substitute version of this bill. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of nine (9) ayes. Additionally, Councilmember White made a
motion to pass this bill as substituted and subject to the written commitments dated
August 6, 2010 as on file with the Office of the City Clerk. Councilmember Oliver Davis
seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes.
ORDINANCE NO. 10029-10 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $285,000.00 FROM
COMMUNITY DEVELOPMENT FUND #212
FOR DEVELOPMENT AND TRAINING
TARGETED TO BUSINESSES WITHIN THE
AIRPORT ECONOMIC DEVELOPMENT AREA
This bill had third reading. Councilmember Rouse made a motion to pass this bill.
Councilmember Oliver Davis seconded the motion which carried. The bill passed by a
roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis, Jr.)
ORDINANCE NO. 10030-10 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING ADDITIONAL FUNDS OF
$80,300 FROM THE WATER WORKS SINKING
FUND #625
This bill had third reading. Councilmember White made a motion to pass this bill.
Councilmember Oliver Davis seconded the motion which carried. The bill passed by a
roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis, Jr.)
ORDINANCE NO. 10031-10 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING ADDITIONAL FUNDS FOR
CERTAIN DEPARTMENTAL AND CITY
SERVICES OPERATIONS IN 2010 OF $110,000
FROM GENERAL FUND (#101), $600,000 FROM
MOTOR VEHICLE HIGHWAY FUND (#202),
$500,000 FROM LIABILITY INSURANCE FUND
(#226), AND ($58,000) FROM COUNTY OPTION
INCOME TAX FUND (#404)
This bill had third reading. Councilmember Puzzello made a motion to pass this bill.
Councilmember Oliver Davis seconded the motion which carried. The bill passed by a
roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis, Jr.)
13
REGULAR MEETING AUGUST 9, 2010
ORDINANCE NO. 10032-10 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $57,027.00 FROM THE
ECONOMIC DEVELOPMENT INCOME TAX
FUND (NO. 408) IN 2010 FOR ADDITIONAL
COSTS OF THE NORTHEAST TRIANGLE
DEVELOPMENT PROJECT
This bill had third reading. Councilmember White made a motion to pass this bill.
Councilmember Oliver Davis seconded the motion which carried. The bill passed by a
roll call vote of nine (9) ayes.
ORDINANCE NO. 10033-10 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
FOR BUDGET TRANSFERS FOR VARIOUS
DEPARTMENTS WITHIN THE CITY OF
SOUTH BEND, INDIANA FOR THE YEAR 2010
This bill had third reading. Councilmember White made a motion to pass this bill.
Councilmember Oliver Davis seconded the motion which carried. The bill passed by a
roll call vote of nine (9) ayes.
ORDINANCE NO. 10034-10 AN ORDINANCE OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING TEMPORARY
LOAN OF $39,763.60 FROM ECONOMIC
DEVELOPMENT INCOME TAX FUND (#408)
TO PAY FOR ACQUISITION OF 25
PROPERTIES BY THE SOUTH BEND
REDEVELOPMENT COMMISSION WITHIN
TIF REVENUE-AIRPORT FUND (#324)
This bill had third reading. Councilmember Rouse made a motion to pass this bill.
Councilmember Oliver Davis seconded the motion which carried. The bill passed by a
roll call vote of nine (9) ayes.
ORDINANCE NO. 10035-10 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING SECTION 14-56 OF THE SOUTH
BEND MUNICIPAL CODE MODIFYING THE
FEES FOR TEMPORARY RESIDENTIAL
CONDITIONAL USE PARKING PERMITS AND
IMPROVING PROOF OF RESIDENCE
REQUIREMENTS
This bill had third reading. Councilmember Rouse made a motion to pass this bill.
Councilmember White seconded the motion which carried. The bill passed by a roll call
vote of nine (9) ayes.
RESOLUTIONS
RESOLUTION NO. 4041-10 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS FOR THE
PROPERTY LOCATED 702 E. JEFFERSON
BLVD., SOUTH BEND, INDIANA 46617
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REGULAR MEETING AUGUST 9, 2010
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council
to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider
Petitions from the Board of Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty (60) days after
the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C.
36-7-4-918.6; and
WHEREAS, the Common Council is required to make a determination in writing
on such requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS, the Area Board of Zoning Appeals has made a recommendation,
pursuant to applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the
Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-
1.5-5, requesting that a Special Exception be granted for the property located at:
1129 N. St. Louis Blvd., South Bend, Indiana 46617
In order to permit: an accessory parking lot in an SF2 district
SECTION II. Following a presentation by the Petitioner, and after proper public
hearing, the Common Council hereby approves the petition of the Area Board of Zoning
Appeals, a copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby
finds that:
1. The proposed use will not be injurious to the public health, safety,
comfort, community moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent
area or property values therein;
3. The proposed use will be consistent with the character of the district in
which it is located and the land uses authorized therein;
4. The proposed use is compatible with the recommendation of the City of
South Bend Comprehensive plan; all of which is requested by the South Bend Municipal
Code §21-09.03
SECTION IV. Approval is subject to the Petitioner complying with the
reasonable conditions established by the Area Board of Zoning Appeals which are on file
in the office of the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/Derek D. Dieter
Member of the Common Council
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REGULAR MEETING AUGUST 9, 2010
Councilmember Al “Buddy” Kirsits, Chairperson, Zoning and Annexation Committee
reported that this committee held a Public Hearing on this bill this afternoon to hear the
pros and cons and voted to send it to the full Council with a favorable recommendation.
Mr. Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., South Bend,
Indiana, presented to the report from the Area Board of Zoning Appeals.
Mr. Lyons advised that the petitioner is seeking a special exception to allow a lounge and
restaurant in a “MU: Mixed Use District at the property located at 703 E. Jefferson Blvd.
Mr. Lyons stated that the Area Board of Zoning Appeals held a public hearing on July 7,
2010 and sends this bill to the Common Council with a favorable recommendation. Mr.
Lyons noted that the petitioner also asked for a variance from the allowed two controlled
uses within 1,000 feet to four controlled uses and from the required sixty-eight parking
spaces to zero.
Mark McDonnell, 17180 Wheatridge Drive, Granger, Indiana, made the presentation for
this bill. Mr. McDonnell advised that he intends to construct a “gastropub”, which
consists of 60% food and 40% bar revenue. He stated that this project is a part of Phase
II in the East Bank Village Development. He noted that this is a private investment and
will not be asking for any kind of tax abatement. Mr. McDonnell asked the Council for
their favorable consideration.
Mr. Jeff Gibney, Executive Director, Community & Economic Development Department,
th
12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, spoke in
favor of this bill. Mr. Gibney stated that he is also speaking on behalf of Mayor Stephen
Luecke, who could not attend this evening’s meeting. He stated that this is an excellent
project. He noted that his department has been working with Mr. McDonnell for
approximately 8 months on this project. Mr. Gibney stated that Mr. Donnell brings his
excellent entrepreneur and business development skills to this project. He reiterated that
this project is a good fit for the East Bank Development Corridor.
Mr. John Stratigos, President, The East Bank Village Partnership, Formerly The Howard
Park/East Bank Neighborhood Association, c/o Action Mortgage Corporation, 300 South
Saint Louis Blvd., South Bend, Indiana, spoke in favor of this bill. He stated that as
President of the East Bank Village Partnership, he stated that the members of their
organization are enthusiastic and endorse the proposed “Fireside Tavern” to be developed
by Mark McDonnell at the southeast corner of St. Louis and Jefferson Blvds. He stated
that Mr. McDonnell has made several presentations over the last year to their
organization and they believe that this plan for adaptive re-use of the vacant building on
the site to be a great improvement and a concept which will complement not only the
existing commercial uses in the neighborhood but also be a great benefit to the residential
neighborhood. As the owner of the LaSalle Grill, Mr. McDonnell has proven himself to
be a talented restaurateur and a corporate good citizen. In short, a businessman with the
community’s good foremost in his mind. His vision for transforming the old liquor store
into an upscale Tavern-Restaurant is in keeping with successful developments in many
other cities which are now emphasizing urban development of this nature in revitalization
efforts. Furthermore, the development as proposed fits in very well with the East Bank
Village Master Plan (phase II) previously adopted by the Council. He stated that they
understand that the owner of the property Mr. Donald Schefmeyer is seeking both zoning
and parking variances and they hope the Council will approve them as has both the Area
Plan Commission and the Area Board of Zoning Appeals. The project not only conforms
to the East Bank Village Plan, it will crate some 50 new and part-time jobs, increase the
tax base and provide more destination traffic t this location. Moreover, the projected
development cost will be in excess of $1.5 million and will not require a tax abatement.
All of these factors will be beneficial to existing and new area business development and
help attract the type of area resident they feel essential to improve economic diversity.
The imminent relocation of the TRANSPO garage facilities and the plans to create
market-rate residential along the river make the proposed Tavern and amenity for area
residents and business owners as well. He stated that Mr. McDonnell’s track record first
as manager of Tippecanoe Place and later as developer of the LaSalle Grill is a powerful
argument for they type of restaurant he develops. Mr.Schefmeyer’s commitment to the
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REGULAR MEETING AUGUST 9, 2010
neighborhood through his previous development of the Parkview Atrium Office Building
and his rehabilitation of the building proposed for this development are an indicator of
the quality he demands in development. Mr. Stratigos stated that they believe the
proposed changes in use to be a necessary catalyst in spurring new development in the
Howard Park section of the East Bank. One which will fit in with the City’s plans to do
changes to the streetscape on Jefferson and St. Louis and one which will be a
neighborhood amenity long into the future. Mr. Stratigos stated that he is excited and in
favor of this project. He urged the Council favorable consideration on this bill.
Mr. John Phair, 227 S. Main Street, South Bend, Indiana, stated that this location was
identified as a commercial use site and is an excellent fit for Phase II of the East Bank
Village Development. Mr. Phair placed on file a copy of the Howard Park Neighborhood
Plan. He urged the Council’s favorable consideration on this bill.
Dr. Frank Toepp, 727 E. Jefferson Blvd., South Bend, Indiana, stated that his business is
located directly across the street to the north of this project. Dr. Toepp stated that he is
here tonight in support of this proposed development. He stated that he believes this
project will be an added improvement to the neighborhood.
Mr. Richard Rice, CEO, Teacher’s Credit Union, 110 S. Main, Street South Bend,
Indiana, and 823 E. Jefferson, Blvd., South Bend, Indiana, stated that he is in favor of this
project. He believes that this is a good proposal; it is a positive project, upscale
development. Mr. Rice asked for the Council’s favorable consideration.
Mr. Julian Cephas, LaSalle Grill, stated that he is in favor of this project. He has worked
for Mr. Mark McDonnell for 19 years and believes Mark is an excellent business
developer. He noted that he is local not an out of town developer. Mr. Cephas stated that
Mr. McDonnell truly cares about South Bend and wants great things to happen here. He
urged the Council’s favorable consideration.
Mr. Ron Radecki, 721 E. Jefferson Blvd., South Bend, Indiana, spoke in favor of this bill.
Mr. Radecki advised that this project will be a fine addition to the neighborhood and
urged the Council for their favorable consideration.
Mr. Andrew Galloway, 617 S. Falcon, South Bend, Indiana, stated that he has worked
for Mr. McDonnell for 27 years. He stated that Mark is a good guy and urged the
Council to do this project.
Mr. Tim Hacker, 210 S. St. Louis Blvd., South Bend, Indiana, stated that he has been a
resident of the Howard Park Neighborhood for over 50 years. He stated that he lives next
door to this project. Mr. Hacker stated that this project will be a wonderful asset to the
community. He urged the Council’s favorable consideration.
Mrs. Betty Sweeney, 115 N. Sunnyside, South Bend, Indiana, spoke in favor of this bill.
Mrs. Sweeney stated that she owned 713,714,716 E. Jefferson Blvd., immediately to the
east of this project. She is very much in favor of this project and encouraged the Council
to adopt this resolution.
The following individual spoke in opposition to this bill:
Rev. Susan Sickelka, Interim Minister Zion United Church of Christ, 715 E. Wayne,
South Bend, Indiana, spoke in opposition to this bill. She stated that the congregation of
the Church is not against the commercial use of this site or the use of a restaurant at this
location. She noted that they are not morally against the use of alcohol, however, they
are against the poor planning and development of this site due to the lack of parking.
Shift from two to four controlled uses within 1,000 feet. She stated that they do not want
their parking lot used as an overflow lot for patrons of this new establishment. Rev.
Sickelka stated that they are very concerned that the South Bend Parks Department would
allow the use of the parking lot at Howard Park Ice Rink to be the main parking for this
project. Rev. Sickelka stated that there are four support groups who meet at the Church
and this proposed bar/restaurant would be a problem for them. Rev. Sickelka stated that
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REGULAR MEETING AUGUST 9, 2010
it was noted at the Area Board of Zoning Appeals that there was no one present from the
congregation from Zion United Church of Christ; she stated that it was not that they were
not interested, it was that they did not know that the meeting was taking place. She stated
that she talked with her predecessor Rev. Girth who noted that he was approached
privately about this proposed development and asked if the church parking lot could be
used. He indicated that the parking lot was not for use. Rev. Sickelka stated that
someone said that the Church only uses their facility once a week. She stated that after
reviewing the Church calendar, it was determined that the church was used
approximately 28 days during the month. She stated that the congregation was appauld
by this project and wanted to go on record stating their feelings. She urged the Council to
vote against this proposed bill.
Ms. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, spoke this afternoon against it and
is speaking against this bill again tonight. She stated that she went out and counted the
number of parking spaces at Howard Park and the South Bend Human Rights
Commission and came up with 95. She stated that if this development needed a variance
from the required sixty-eight parking spaces to zero and now is asking the Park
Department to use their parking lot the least the City could do is ask for some money to
cover the cost of using the parking lot at Howard Park. She stated that this is not a very
good place for a project like this.
Ms. Diane Tyser, 61803 Park, Cassopolis, Michigan, spoke in opposition to this bill. Ms.
Tyser stated that she was born and raised in South Bend; she has been a member of
Teacher’s Credit Union since she was eighteen years old, and her father was a South
Bend Firefighter and is currently an Elder at the Zion United Church of Christ, so she has
very strong ties to South Bend. Ms. Tyser questioned when the South Bend Park Board
agreed to let Mr. McDonnell use their parking lot. She questioned the hours of operation
of the business. She also asked what assurances are going to be given to the Church that
their parking lot won’t be used as an overflow and who is going to pick up after the
patrons, such as trash and debris that will be left after patronizing the establishment.
In Rebuttal, Mr. McDonnell stated that he would just like to say that he stands on his
record. He stated that he is a very ethical operator, with high standards of operation. He
stated that in 1990 he mortgage his home, his family’s future on opening the LaSalle
Grill. He noted that it is a little known fact that the LaSalle Grill has given back in-kind
donations approximately $900,000 to various churches, charities and organization across
St. Joseph County. He stated that he is still a member of Holy Cross Parish, 12 miles
from his home and is a member of the building committee to construct a new parish
center. He reiterated that this is not a student bar. He stated that they would be open
Saturday through Sunday, lunch and dinner from 11:00 a.m. until 11:00 p.m. during the
week and 11:00 a.m. until 12:00 midnight on weekends. He noted that the seating
capacity would be approximately 140 plus an additional 36 in good weather for outdoor
seating from approximately May through September. He stated that they have not
approached the South Bend Park Department to use their lot. He stated that he operates
the LaSalle Grille with zero parking and he asks his patrons to use the Colfax Parking
Garage which they reply that they do not want to use the garage. Mr. McDonnell also
stated that he urges his patrons not to park in the South Bend Water Works Parking lot.
In regards to picking up any debris or trash that might be outside, Mr. McDonnell stated
that he would have his maintenance crew clean that up. He stated that is just common
sense on the part of the owner.
Councilmember Henry Davis asked if the City of South Bend Public Works Department
has been contact about the intersection of St. Louis & Jefferson Blvds., because at that
intersection the street narrows and he worries about traffic accidents occurring outside
this development.
Mr. McDonnell stated that the City has talked about contracting Abonmarche Architects
to do a realignment study of Jefferson & St. Louis Blvds, to alleviate some of those
traffic concerns.
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REGULAR MEETING AUGUST 9, 2010
Councilmember Kirsits stated that he believes this project would be sensitive to the
members of the Zion Church. He stated that they have heard tonight from restaurant
owners who will be competing with this project and are in total favor of this
development. He stated that Mr. McDonnell deserves a chance and believes that based
on his strong commitment to the City of South Bend will see this development be an asset
to the community.
Councilmember Puzzello stated that this project is in her district. She stated that she has
lived in that area longer than Teacher’s Credit Union, but not as long at the Zion Church.
She stated that she is totally against student bars and believes that this project will not be
that. She believes that this project is a positive one that will be a great addition to the
East Bank Area.
Councilmember Rouse stated that he has a great deal of respect for the congregation of
Zion United Church of Christ and would encourage Mr. McDonnell to work together to
make this project a success.
Council President Dieter thanked everyone tonight for their comments and concerns. He
believes that this is a good project and is very much in favor of it.
There being no one else present wishing to speak to the Council either in favor of or in
opposition to this bill. Councilmember Kirsits made a motion to adopt this Resolution.
Councilmember White seconded the motion which carried. The Resolution was adopted
by a roll call vote of nine (9) ayes.
BILL NO. 10-36 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 7055
CLEVELAND RD. AS AN ECONOMIC
REVITALIZATION AREA FROM PURPOSES
OF A SEVEN (7) YEAR REAL PROPERTY TAX
ABATEMENT FOR PATTERSON LOGISTICS
SERVICES, INC.
BILL NO. 10-37 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 7055
CLEVELAND ROAD TO BE AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF
A FIVE (5) YEAR PERSONAL PROPERTY TAX
ABATEMENT FOR PATTERSON LOGISTICS
SERVICES, INC.
Councilmember Varner made a motion to combine Bill Nos. 10-36 and 10-37 for the
purpose of Public Hearing. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of nine (9) ayes.
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REGULAR MEETING AUGUST 9, 2010
RESOLUTION NO. 4042-10 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 7055
CLEVELAND RD. AS AN ECONOMIC
REVITALIZATION AREA FROM PURPOSES
OF A SEVEN (7) YEAR REAL PROPERTY TAX
ABATEMENT FOR PATTERSON LOGISTICS
SERVICES, 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
7055 Cleveland Rd., South Bend, Indiana, and which is more particularly described as
follows:
Lot numbered Two (2) as shown on the recorded plat of Kidder’s Olive Road
Minor Subdivision, recorded April 17, 1998 as Document Number 9818752 in the
Office of the Recorder of St. Joseph County, Indiana.
and which has Key Number 71-03-19-300-003-000-009 or 025-1011-018601, be
designated 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 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, the Memorandum of Agreement between the
Petitioner and the City of South Bend, and the Statement of Benefits comply with
Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code
6-1.1-12 et seq.
SECTION III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the Mayor.
s/Derek D. Dieter
Member of the Common Council
20
REGULAR MEETING AUGUST 9, 2010
RESOLUTION NO. 4043-10 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 7055
CLEVELAND ROAD TO BE AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF
A FIVE (5) YEAR PERSONAL PROPERTY TAX
ABATEMENT FOR PATTERSON LOGISTICS
SERVICES, 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
7055 Cleveland Road, South Bend, Indiana, and which is more particularly described as
follows:
Lot numbered Two (2) as shown on the recorded plat of Kidder’s Olive Road
Minor Subdivision, recorded April 17, 1998 as Document Number 9818752 in the Office
of the Recorder of St. Joseph County, Indiana.
and which has Key Number 71-03-19-300-003-000-009 or 025-1011-018601, 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.
SECTION II. The Common Council hereby determines that the property owner is
qualified for and is granted Personal property tax deduction for a period of five (5) years,
and further determines that the petition complies with Chapter 2, Article 6, of the
Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq.
SECTION III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the Mayor.
s/Derek D. Dieter
Member of the Common Council
21
REGULAR MEETING AUGUST 9, 2010
Councilmember Rouse, Chairperson, Community and Economic Development
Committee reported that this committee held a Public Hearing on both Bill Nos. 10-36
and 10-37 this afternoon and voted to send them to the full Council with favorable
recommendations.
Mr. Jeff Lea, 4303 Technology Drive, South Bend, Indiana, made the presentation for
these bills.
Mr. Lea advised that Patterson Logistics Services, Inc. operates distribution facilities for
the company’s medical, dental and veterinary divisions. They are proposing to purchase
an existing 208,000 square foot warehouse/distribution center that is only partially
occupied. They propose to construct physical improvements including mechanical and
electrical upgrades plus 7,500 square feet of new office and supporting spaces necessary
to support planned operations, install logistical equipment to set up the building as a
distribution center.
A Public Hearing was held on the Resolutions at this time.
There was no one present wishing to speak to the Council either in favor of or in
opposition to these Resolutions.
Councilmember White made a motion to adopt Bill No. 10-36. Councilmember Oliver
Davis seconded the motion which carried by a roll call vote of nine (9) ayes.
Councilmember Puzzello made a motion to adopt Bill No. 10-37. Councilmember Dieter
seconded the motion which carried by a roll call vote of nine (9) ayes.
RESOLUTION NO. 4044-10 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 902 N. ST. PETER
STREET AS A RESIDENTIALLY DISTRESSED
AREA FOR PURPOSES OF A (5) FIVE-YEAR
RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR PATRICK PERRELLA
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 902 N. St. Peter Street, South Bend, Indiana, and which is more
particularly described as follows:
That part of the Northeast Quarter of Section 1, Township 37 North,
Range 2 East, Portage Township, City of South Bend, St. Joseph County,
Indiana which is described as:
Lot #130A of the Plat of “Sorin’s Second Addition Fifth Replat”
Subdivision recorded by Document No. 0809811 in the Records of the St.
Joseph County, Indiana Recorder’s Office.
Containing 0.38 acres more or less. Subject to all legal highways,
easements & restrictions of record.
,
and this property has Tax Key Number 18-5107-3786be 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;
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REGULAR MEETING AUGUST 9, 2010
WHEREAS, the Department of Community and Economic Development has
concluded an investigation and prepared a report with information sufficient for the
Common Council to determine that the area qualifies as a Residentially Distressed Area
under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et
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 qualifies as a Residentially Distressed Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I . The Common Council hereby determines and finds that the petition for real
property tax abatement and the Statement of Benefits form meet the requirements of
Indiana Code 6-1.1-12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one
of the following conditions as formally established in Ordinance No. 9394-03, which was
passed on February 10, 2003:
A. The area is comprised of parcels that are either unimproved or contain
only one (1) or two (2) family dwellings designed for up to four (4)
families, including accessory buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25;
or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as
documented by census information, local building and demolition permits,
or certificates of occupancy, or the areas are owned by Indiana or the
United States; or,
G. The area (plus any areas previously designated under this subsection) will
not exceed ten percent (10%) of the total area within the Council’s
jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable
standards for such development.
B. That the estimate of the value of the redevelopment is reasonable for
projects of this nature;
C. That the other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed described
redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction,
all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to
meet local code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is
completed within five (5) calendar years from the date of the adoption of
this Resolution by the Common Council.
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REGULAR MEETING AUGUST 9, 2010
SECTION IV. The Common Council hereby determines and finds that the proposed
described redevelopment can be reasonably expected to yield benefits identified in the
Statement of Benefits and the petition for real property tax abatement consideration and
that the Statement of Benefits form prescribed by the State Board of Accounts are
sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3.
SECTION V. The Common Council hereby accepts the report and recommendation of
the Community and Economic Development Committee that the area herein described be
designated as a Residentially Distressed Area and hereby adopts a Resolution designating
this area as a Residentially Distressed Area for purposes of real property tax abatement.
SECTION VI. The designation as a Residentially Distressed Area shall be limited to five
(5) calendar years from the date of the adoption of this Resolution by the Common
Council.
SECTION VII. The Common Council hereby determines that the property owner is
qualified for and is granted property tax deduction for a period of five (5) years.
SECTION VIII. The Common Council directs the City Clerk to cause notice of the
adoption of this Declaratory Resolution for Real Property Tax Abatement to be published
pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication
providing notice of the public hearing before the Common Council on the proposed
confirming of said declaration.
SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all
local code standards for habitability as a specific condition of having such property
designated as a residentially distressed area.
SECTION X. This Resolution shall be in full force and effect from and after its adoption
by the Common Council and approval by the Mayor.
s/Derek D. Dieter
Member of the Common Council
Councilmember Rouse, 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. Patrick Perrella, 50660 Woodbury Way, Granger, Indiana, made the presentation for
this bill.
Mr. Perrella advised that he intends to construct an approximate 3,350 square foot, two-
story single-family home. He stated that this will be his primary residence and it will
have four bedrooms, four baths, two half baths, a front porch, a finished basement and a
two-car garage. The project is part of the Notre Dame Avenue Housing Program and as
such will follow the design specifications and standards required by that program. The
cost of the home will be approximately $630,000.
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 Oliver Davis made a motion to adopt this
Resolution. Councilmember White seconded the motion which carried and the
Resolution was adopted by a roll call vote of eight (8) ayes. (Councilmember Henry
Davis, Jr. left the Council Chambers before voting on this bill.)
24
REGULAR MEETING AUGUST 9, 2010
BILLS – FIRST READING
BILL NO. 45-10 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, REPEALING AND
REPLACING CHAPTER 21, ZONING, ARTICLE
12, FLOODPLAIN REGULATIONS IN ORDER
TO ADOPT THE MOST RECENT FEDERAL
AND STATE REQUIREMENTS
This bill had first reading. Councilmember White made a motion to refer this bill to the
Area Plan Commission. Councilmember Varner seconded the motion which carried by a
voice vote of nine (9) ayes.
BILL NO. 46-10 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, AND AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED IN CLAY TOWNSHIP,
CONTIGUOUS THEREWITH; COUNCILMANIC
DISTRICT 4, E. LEROY & PATRICIA YODER,
17904 STATE ROAD 23, SOUTH BEND,
INDIANA 46635
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Area Plan Commission. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of nine (9) ayes.
BILL NO. 47-10 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, AND AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED IN CLAY TOWNSHIP
CONTIGUOUS THEREWITH; COUNCILMANIC
DISTRICT #4, STADIUM PLACE
DEVELOPERS, LLC, JEAN C. JOHNSON
TRUSTEE FOR THE JEAN C. JOHNSON
REVOCABLE TRUST, ROBERT A. HOWLAND,
JR. AND GLENN & KAYE BLOSSOM
(PETITIONERS), 54700 BLOCK OF BURDETTE
STREET, SOUTH BEND, INDIANA
This bill had first reading. Councilmember Varner made a motion to refer this bill to the
Area Plan Commission. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of nine (9) 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.
25
REGULAR MEETING AUGUST 9, 2010
PRIVILEGE OF THE FLOOR
Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, stated that she has been attending these
meetings for a long time. She thanked the Council for their transparency regarding
public access to documents.
Joseph Schultz, 15344 U. S. 6, Marshall County, Indiana, stated that the Council has their
meetings posted on the City website and recently they have suspended viewing. He
asked when they might have them back available to view on the web.
Catherine Pittman, 2628 Summit Ridge Drive, South Bend, Indiana, thanked the Council
for listening and continuing to reflect on additional information regarding Bill 30-10
amending the Human Rights Ordinance to add employment fairness to gay, lesbian, bi-
sexual and transgendered persons. She stated that they will continue to bring their
concerns to the Council because for now they have nowhere to go a voice them. She
again thanked the Council for listening to their concerns regarding this bill.
nd
Pam Wesolowski, 1102 S. 32 Street, South Bend, Indiana, stated that she was formerly
the Pre-Trial Diversion Director at the St. Joseph County Prosecutor’s Office. After
Mike Barnes left office, she began working as a paralegal for a South Bend law firm.
She had worked there for over a year, and had received a good yearly evaluation
accompanied with a raise. She stated that she put in for her vacation, got it approved and
coordinated with her partner who lived in New Mexico at the time The week prior to her
vacation, the lawyer she worked for overhead me saying that I was picking up my partner
from the O’Hare Airport. She was on the phone during her lunch break, not in a public
area of the firm. The very next morning, she stated that she had been at work about an
hour when the lawyer called her into the conference room. She stated that he fired her.
She was told that he wasn’t going to work with a lesbian. She stated that she was the
same person who had received a good evaluation and raise, the same person who had
worked at the firm for over a year, but now she had lost her job solely due to her sexual
orientation. Ms. Wesolowski stated that she wanted the Council to hear from someone
who has lost employment because of sexual orientation. She urged the Council to pass
Bill 30-10.
Lisa Carl, 605 Marquette Avenue, South Bend, Indiana, passed out a letter that was
written by Professor Charles Rice to Erick Miller, the Executive Director of Advance
America, in Indianapolis. Miller has asked Rice his opinion on Indiana House Bill 1250,
introduced on January 12, 2009. That the bill would extend existing anti-discrimination
laws to apply to discrimination motivated by sexual orientation, gender identity, age
disability, and other traits. She noted that Rice’s complaints about HB 1250 are nearly
identical to his complaints about South Bend Bill 30-10 namely, that the language is
vague and that the religious exemption is inadequate. Rice states that HB 1250 is
imprecise and dangerous. He concludes that it is an invitation to litigation. Sound
familiar? HB 1250 and Bill 30-10 were drafted at different times, by different attorneys,
for different governing bodies, using different language. A comparison of what Charles
Rice says about each bill makes it clear that he is nothing more than a “hired
gun”for“community values organization. There is little doubt that one could present him
with any legislation involving GLBT issues and he would state that there is a language
problem. For example, for Bill 30-10, Rice complains about the inclusion of the word
“perceived in the definition of sexual orientation. In HB 1250, he is critical of the word
“perceived” being left out of the definition of gender identity. It’s obvious that no
language can be written on the subject of GLBT rights that will please Professor Rice.
Should the Council place their trust in the evaluation of a person who has a history of
opposing all similar legislation?
26
REGULAR MEETING AUGUST 9, 2010
George Lane, CEO, Chairperson of Citizens for Accountability, stated that an article
written in the South Bend Tribune was in error. The article stated that the Council was to
blame for the lack of funding for Public Access television. Mr. Lane stated that the
blame should and is on the Mayor. He stated that he has been going back and forth
between the Council and the Mayor who would be responsible for getting funding back to
public access television. After much discussion, it was determined that the Mayor has to
ask the Council for funding to be put into the budget. He stated that he called the South
Bend Tribune and was told that they were not blaming anyone, however, the article
written was incorrect and he wanted to go on record stating such. Mr. Lane noted that
Jeff Parrot with the South Bend Tribune was in the audience tonight and hopes that he
takes note of the correction.
ADJOURNMENT
There being no further business to come before the Council, President Dieter adjourned
the meeting at 9:42 p.m.
ATTEST: ATTEST:
___________________________ __________________________
John Voorde, City Clerk Derek D. Dieter, President
27