HomeMy WebLinkAbout03-24-08 Common Council Minutes
REGULAR MEETING MARCH 24, 2008
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, March 24, 2008 at 7:00
p.m. The meeting was called to order by Vice-President Oliver J. Davis and the
Invocation and Pledge to the Flag were given.
ROLL CALL
COUNCILMEMBERS:
Present: Derek D. Dieter 1st District, Chairperson Committee of the Whole
Henry Davis, Jr. 2nd District
Thomas LaFountain 3rd District
Ann Puzzello 4th District
David Varner 5th District
Oliver Davis 6th District Vice-President
Al “Buddy” Kirsits At-Large
Karen L. White At-Large
Absent: Timothy Rouse At-Large President
OTHERS PRESENT:
John Voorde City Clerk
Mary Beth Wisniewski Chief Deputy
Janice I. Talboom Deputy City Clerk
Kathleen Cekanski-Farrand Council Attorney
REPORT FROM THE SUB-COMMITTEE ON MINUTES
To the Common Council of the City of South Bend: The sub-committee has inspected
the minutes of the March 10, 2008, meetings of the Council and found them to be correct.
Therefore, we recommend the same be approved.
s/Timothy A. Rouse
s/David Varner
Councilmember Puzzello made a motion that the minutes of the March 10, 2008 meetings
of the Council be accepted and placed on file. Councilmember Dieter seconded the
motion which carried by a voice vote of eight (8) ayes.
SPECIAL BUSINESS
BILL NO. 08-22B A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, PUBLICLY
COMMENDING THE JOHN ADAMS HIGH SCHOOL’S
BOARD OF SHADOWY FIGURES FOR WINNING
TH
THEIR 8 STRAIGHT MOCK TRIAL STATE
CHAMPIONSHIP
Councilmember Dieter made a motion to continue this bill until the April 14, 2008
meeting of the Council. Councilmember White seconded the motion which carried by a
voice vote of eight (8) ayes.
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REGULAR MEETING MARCH 24, 2008
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:01 p.m. Councilmember White made a motion to resolve into the Committee of the
Whole. Councilmember Varner seconded the motion which carried by a voice vote of
eight (8) ayes. Councilmember Dieter, Chairperson, Committee of the Whole, presiding.
Councilmember Dieter 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 Dieter stated that a brochure may be found on the railing in the Council
Chambers explaining those procedures.
PUBLIC HEARINGS
BILL NO. 16-08 PUBLIC HEARING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTIES: THE ALLEY
TO BE VACATED IS DESCRIBED AS THE FIRST
NORTH-SOUTH ALLEY WEST OF FRANKLIN
STREET RUNNING FROM THE NORTH LINE OF THE
CONRAIL RAILROAD RIGHT-OF-WAY ON THE
SOUTH TO THE NORTH LINE OF THE PLAT OF
ND
SAMUEL L. STULL’S 2 ADDITION TO THE CITY
OF SOUTH BEND, SAID DISTANCE BEING
APPROXIMATELY 1,210 FEET AND HAVING A
WIDTH OF 7 FEET, ALSO THE FIRST EAST-WEST
ALLEY SOUTH OF BROADWAY STREET AND WEST
OF FRANKLIN STREET LAYING BETWEEN LOT #48
ND
OF SAID SAMUEL L. STULL’S 2 ADDITION TO
THE CITY OF SOUTH BEND, AND LOT #61 OF
ST
SAMUEL L. STULL’S 1 ADDITION TO THE TOWN
OF MYLER, SAID DISTANCE BEING
APPROXIMATELY 153.5 FEET AND A WIDTH OF 14
FEET
Councilmember Varner, Chairperson, Public Works and Property Vacation Committee
reported that this Committee held a meeting this afternoon and it was the consensus of
the committee to send this bill to the full Council with a favorable recommendation.
Mr. Michael Danch, President, Danch, Harner & Associates, 1643 Commerce Drive,
South Bend, Indiana, made the presentation for this bill on behalf of the petitioners, the
City of South Bend, and City of South Bend Redevelopment Department.
Mr. Danch advised that the petitioners are requesting the approval of the vacation of a 7
ft. wide North/South Alley West of Franklin Street South of Garst Street and North of the
Conrail Railroad and a 14 ft. wide East-West Alley West of Franklin Street and North of
the Conrail Railroad all being in Samuel L. Stull’s Second Addition to the City of South
Bend. The reason for this request is to allow for the construction of the Transpo facility
and the development of lots within a new subdivision being created by the City of South
Bend in an area bounded by Sample Street on the North, Franklin Street on the East the
Conrail Rail and Cotter Street on the South and Prairie Avenue on the West. The City
and the Petitioners believe that vacating the above mentioned right-of-ways will not have
a detrimental effect on the adjacent properties located along this portion of Chapin Street.
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 White seconded
the motion which carried by a voice vote of eight (8) ayes.
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REGULAR MEETING MARCH 24, 2008
BILL NO. 15-08 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $794,574.67 WITHIN FUND 209 FOR
THE PURPOSE OF REDEVELOPMENT OF THE
STUDEBAKER-OLIVER PROJECT AREA
Councilmember Dieter, Chairperson, Community and Economic Development
Committee, reported that this committee held a Public Hearing on this bill this afternoon
and voted to send it to the full Council with a favorable recommendation.
Ms. Ann Kolata, Senior Redevelopment Specialist, Department of Community and
Economic Development advised that the Studebaker/Oliver Redevelopment Project is a
significant brownfield revitalization project within the City of South Bend and funding
the costs of this project is a priority. The bill would appropriate $794,675.67 from Fund
No. 209 to pursue the necessary redevelopment activities in the Studebaker/Oliver Project
Area including costs of acquisition, relocation, demolition, site preparation,
environmental assessment and remediation, and other similar costs. These funds are non-
tax revenue funds that have recently been received by the City and deposited into Fund
No. 209.
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 White made a motion for favorable
recommendation to full Council concerning this bill. Councilmember Puzzello seconded
the motion which carried by a voice vote of eight (8) ayes.
BILL NO. 82-07 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 2, ARTICLE 19, SECTION 2-
213(a) OF THE SOUTH BEND MUNICIPAL CODE TO
UPDATE THE TABLE OF CODE VIOLATIONS AND
PENALTIES
Councilmember LaFountain made a motion to continue this bill until the April 14, 2008
meeting of the Council at the request of the petitioner. Councilmember Puzzello
seconded the motion which carried by a voice vote of eight (8) ayes.
RISE AND REPORT
Councilmember Puzzello made a motion to rise and report to the full Council.
Councilmember Varner seconded the motion which carried by a voice vote of eight (8)
ayes.
ATTEST: ATTEST:
_________________________ _________________________
John Voorde, City Clerk Derek D. Dieter, Chairperson
Committee of the Whole
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REGULAR MEETING MARCH 24, 2008
REGULAR MEETING RECONVENED
Be it remembered that the Common Council of the City of South Bend reconvened in the
Council Chambers on the fourth floor of the County-City Building at 7:11 p.m. Vice-
President Oliver J. Davis presided with eight (8) members present.
BILLS – THIRD READING
ORDINANCE NO. 9831-08 AN ORDINANCE TO VACATE THE
FOLLOWING DESCRIBED PROPERTIES: THE
ALLEY TO BE VACATED IS DESCRIBED AS
THE FIRST NORTH-SOUTH ALLEY WEST OF
FRANKLIN STREET RUNNING FROM THE
NORTH LINE OF THE CONRAIL RAILROAD
RIGHT-OF-WAY ON THE SOUTH TO THE
NORTH LINE OF THE PLAT OF SAMUEL L.
ND
STULL’S 2 ADDITION TO THE CITY OF
SOUTH BEND, SAID DISTANCE BEING
APPROXIMATELY 1,210 FEET AND HAVING
A WIDTH OF 7 FEET, ALSO THE FIRST EAST-
WEST ALLEY SOUTH OF BROADWAY
STREET AND WEST OF FRANKLIN STREET
LAYING BETWEEN LOT #48 OF SAID
ND
SAMUEL L. STULL’S 2 ADDITION TO THE
CITY OF SOUTH BEND, AND LOT #61 OF
ST
SAMUEL L. STULL’S 1 ADDITION TO THE
TOWN OF MYLER, SAID DISTANCE BEING
APPROXIMATELY 153.5 FEET AND A WIDTH
OF 14 FEET
This bill had third reading. Councilmember Puzzello made a motion to pass this bill.
Councilmember Dieter seconded the motion which carried. The bill passed by a roll call
vote of eight (8) ayes.
ORDINANCE NO. 9832-08 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $794,574.67 WITHIN FUND
209 FOR THE PURPOSE OF REDEVELOPMENT
OF THE STUDEBAKER-OLIVER PROJECT
AREA
This bill had third reading. Councilmember Dieter made a motion to pass this bill.
Councilmember White seconded the motion which carried. The bill passed by a roll call
vote of eight (8) ayes.
RESOLUTIONS
RESOLUTION NO. 3843-08 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 3941 RIVERSIDE
DRIVE AS A RESIDENTIALLY DISTRESSED
AREA FOR PURPOSES OF A (5) FIVE-YEAR
RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR DEANNA BOYKINS
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REGULAR MEETING MARCH 24, 2008
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 3941 Riverside Drive, South Bend, Indiana, and which is more
particularly described as follows:
Lot numbered 281 Riverside Manor
,
and this property has Tax Key Number 25-1011-0453be designated as a Residentially
Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend
Municipal Code Sections 2-76 et seq., and;
WHEREAS, the Department of Community and Economic Development has
concluded an investigation and prepared a report with information sufficient for the
Common Council to determine that the area qualifies as a Residentially Distressed Area
under Indiana Code 6-1.1-12.1, et 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.
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REGULAR MEETING MARCH 24, 2008
B. That the estimate of the value of the redevelopment is reasonable for
projects of this nature;
C. That the other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed described
redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction,
all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to
meet local code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is
completed within five (5) calendar years from the date of the adoption of
this Resolution by the Common Council.
SECTION IV. The Common Council hereby determines and finds that the proposed
described redevelopment can be reasonably expected to yield benefits identified in the
Statement of Benefits and the petition for real property tax abatement consideration and
that the Statement of Benefits form prescribed by the State Board of Accounts are
sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3.
SECTION V. The Common Council hereby accepts the report and recommendation of
the Community and Economic Development Committee that the area herein described be
designated as a Residentially Distressed Area and hereby adopts a Resolution designating
this area as a Residentially Distressed Area for purposes of real property tax abatement.
SECTION VI. The designation as a Residentially Distressed Area shall be limited to five
(5) calendar years from the date of the adoption of this Resolution by the Common
Council.
SECTION VII. The Common Council hereby determines that the property owner is
qualified for and is granted property tax deduction for a period of five (5) years.
SECTION VIII. The Common Council directs the City Clerk to cause notice of the
adoption of this Declaratory Resolution for Real Property Tax Abatement to be published
pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication
providing notice of the public hearing before the Common Council on the proposed
confirming of said declaration.
SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all
local code standards for habitability as a specific condition of having such property
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/Oliver J. Davis
Member of the Common Council
Councilmember Dieter, Chairperson, Community and Economic Development
Committee reported that this committee held a Public Hearing on this bill this afternoon
and voted to send it to the full Council with a favorable recommendation.
Mr. Michael Urbanski, 14299 Day Road, Mishawaka, Indiana, made the presentation on
behalf of the owner Ms. Deanna Boykins, 4121 Cross Creek Drive, South Bend, Indiana.
Mr. Urbanski advised that Ms. Boykins plans to construct a new 1768 square foot home
with an attached garage. The home will have three bedrooms with a total of five rooms
and will be constructed on full basement.
A Public Hearing was held on the Resolution at this time.
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REGULAR MEETING MARCH 24, 2008
There being no one present wishing to speak to the Council either in favor of or in
opposition to this Resolution, Councilmember Dieter made a motion to adopt this
Resolution. Councilmember White seconded the motion which carried and the
Resolution was adopted by a roll call vote of eight (8) ayes.
RESOLUTION NO. 3844-08 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 3702 WEST SAMPLE
STREET, SUITE 1125 AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF
A (5) FIVE-YEAR PERSONAL PROPERTY TAX
ABATEMENT FOR TRIANGLE MACHINE, INC.
WHEREAS, a petition for personal property tax abatement consideration has been
filed with the City Clerk for consideration by the Common Council of the City of South
Bend, Indiana, requesting that the area commonly known as 3702 West Sample Street,
,
Suite 1125 South Bend, Indiana, and which is more particularly described as follows:
Parcel of land, North West of North East Section 1637 2E. Containing
5.4021 2E acre or less.
and which has Tax Key Number 18-8112-421507 presently, be designated as an
Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq.,
and South Bend Municipal Code Sections 2-76 et seq., and;
WHEREAS, the Department of Community and Economic Development has
concluded an investigation and prepared a report with information sufficient for the
Common Council to determine that the area qualifies as an Economic Revitalization Area
under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et
seq., and has further prepared maps and plats showing the boundaries and such other
information regarding the area in question as required by law; and
WHEREAS, the Community and Economic Development Committee of the
Common Council has reviewed said report and recommended to the Common Council
that the area qualifies as an Economic Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds pursuant to Indiana
Code 6-1.1-12.1-4.5 et seq., that:
a. The estimate of the cost of the new manufacturing equipment is
reasonable for equipment of that type;
b. That the estimate of the number of individuals that will be employed or
whose employment will be retained by the Petitioner can reasonably be
expected to result from the proposed installation of new manufacturing
equipment;
c. That the estimate of the annual salaries of those individuals that will be
employed or whose employment will be retained by the Petitioner can be
reasonably expected to result from the proposed installation of new
manufacturing equipment;
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REGULAR MEETING MARCH 24, 2008
d. Any other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed new
manufacturing equipment; and
e. The totality of benefits is sufficient to justify the deduction requested.
SECTION II. The Common Council hereby determines and finds that the proposed new
manufacturing equipment can be reasonably expected to yield the benefits identified in
the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal
Property Tax Abatement Consideration and that Statement of Benefits form completed by
the petitioner, said form being prescribed by the State Board of Accounts, are sufficient
to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5.
SECTION III. The Common Council hereby accepts the report and recommendation of
the Department of Community and Economic Development, and the Community and
Economic Development Committee's favorable recommendation, that the area herein
described be designated as an Economic Revitalization Area for purposes of personal
property tax abatement and hereby makes such a designation.
SECTION IV. The Common Council determines that such designation is for personal
property tax abatement only and shall be limited to two (2) calendar years from the date
of the adoption of this Resolution by the Common Council.
SECTION V. 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 VI. The Common Council directs the City Clerk to cause notice of the
adoption of this Declaratory Resolution for Personal Property Tax Abatement to be
published pursuant to Indiana Code 5-3-1, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of said declaration.
SECTION VII. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/Oliver J. Davis
Member of the Common Council
Councilmember Dieter, Chairperson, Community and Economic Development
Committee reported that this committee held a Public Hearing on this bill this afternoon
and voted to send it to the full Council with a favorable recommendation.
Mr. Wally Schrubkowski, Triangle Machine, Inc., 3702 W. Sample Street, Suite 1125,
South Bend, Indiana, made the presentation for this bill.
Mr. Schrubkowski advised that Triangle Machine, Inc. is a manufacturer of precision
machined components. The company plans to purchase and install new equipment (one
Haas CF-1 CNC Milling Center) that will give it the ability to complete work in-house
that is currently outsourced to other firms and at the same time increase it productive
capacity. Mr. Schrubkowski stated that the project will invest $75,586 and it is estimated
that the total project will create one (1) new, permanent, full-time job in the first year of
production representing a new annual payroll of $30,000. The project will also maintain
two (2) existing, permanent full-time jobs and one (1) existing part-time job representing
an annual payroll of $75,000.00.
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 Dieter made a motion to adopt this
Resolution. Councilmember Varner seconded the motion which carried and the
Resolution was adopted by a roll call vote of eight (8) ayes.
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REGULAR MEETING MARCH 24, 2008
BILLS – FIRST READING
BILL NO. 17-08 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING $2,900
FROM THE MORRIS PERFORMING ARTS
CENTER AND PALAIS ROYALE MARKETING
FUND (FUND NUMBER 273) FOR PURCHASE
OF MORRIS PERFORMING ARTS CENTER
TICKET STOCK
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the PARC Committee and set it for Public Hearing and third Reading on April 14, 2008.
Councilmember Varner seconded the motion which carried by a voice vote of eight (8)
ayes.
BILL NO. 18-08 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 GERMAN TOWNSHIP
CONTIGUOUS THEREWITH; COUNCILMANIC
DISTRICT ONE, WILLIAM A. GEYER, 52610
PORTAGE RD., SOUTH BEND, INDIANA
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 eight (8) ayes.
BILL NO. 19-08 FIRST READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE
ALLEY TO BE VACATED IS THE FIRST
EAST/WEST ALLEY NORTH OF PORTAGE
AVENUE FROM LELAND AVENUE EAST TO
THE FIRST NORTH/SOUTH ALLEY WITH A
DISTANCE OF 120 FEET, MORE OR LESS AND
A WIDTH OF 12 FEET
This bill had first reading. Councilmember Varner 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 April 14, 2008. Councilmember Dieter seconded the motion which carried
by a voice vote of eight (8) ayes.
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REGULAR MEETING MARCH 24, 2008
UNFINISHED BUSINESS
REPORT FROM AREA PLAN COMMISSION
BILL NO. 12-08 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
ANNEXING TO AND BRINGING WITHIN THE
CITY LIMITS OF SOUTH BEND, INDIANA,
AND AMENDING THE ZONING ORDINANCE
FOR CERTAIN LAND IN GERMAN TOWNSHIP
CONTIGUOUS THEREWITH; COUNCILMANIC
DISTRICT #1 (STEVE & JEAN COOREMAN)
NORTHEAST CORNER OF CLEVELAND
ROAD AND LYNNWOOD AVENUE LYING
IMMEDIATELY WEST OF 21275 CLEVELAND
ROAD SOUTH OF 52776 LYNNEWOOD
AVENUE, SOUTH BEND, INDIANA 46628
Councilmember Varner made a motion to refer this bill to the Zoning and Annexation
Committee and set it for Public Hearing and Second Reading on April 28, 2008, and
Third Reading on May 12, 2008. Councilmember Dieter seconded the motion which
carried by a voice vote of eight (8) ayes.
NOTICE OF APPEAL HISTORIC PRESERVATION COMMISSION
The Common Council formally acknowledges the receipt of a Notice of Appeal by the
attorney representing the owners of the house located at 710 Park Avenue on the denial
of a Certificate of Appropriateness by the Historic Preservation Commission on February
23, 2008.
The Common Council directs the Office of the City Clerk to send notice to the attorneys
of record with their offices on the Appeal of Denial of Certificate of Appropriateness No.
2008-0214A, 710 Park Avenue, South Bend, Indiana of the following:
Friday, March 28, 2008 deadline for submission by the Historic Preservation
Commission to file a certified copy of the minutes of their February 25, 2008 meeting
with the Office of the City Clerk and legal counsel of record
Noon on Wednesday, April 23, 2008 deadline for submission by the Petitioner of the
“Evidentiary and Administrative Record and Position Statement” by the petitioner/legal
counsel of record addressing the following: Introduction; Standard of Review; Issue(s);
Facts; Argument; Conclusion; Certificate of Service; Exhibits” to the Office of the City
Clerk and opposing counsel.
Noon on Wednesday, May 7, 2008 deadline for submission by Historic Preservation
Commission of their “Evidentiary and Administrative Record and Position Statement: by
the petitioner/legal counsel of record addressing the following: Introduction; Standard of
Review; Issue(s); Facts; Argument; Conclusion; Certificate of Service; Exhibits” to the
Office of the City Clerk and opposing counsel.
Monday, May 12, 2008, 7 p.m. hearing before the South Bend Common Council under
“Unfinished Business” which shall be conducted to the one-page “Rules Governing
Appeals to the South Bend Common Council of Actions by the Historic Preservation
Commission 2008” on file with the Office of the City Clerk with copies being sent to the
attorneys of record.”
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REGULAR MEETING MARCH 24, 2008
NEW BUSINESS
Councilmember Puzzello advised that she attended the NRC (formerly known as NRTS
Neighborhood Resources Technical Services) and that they are currently listing all the
partnership centers with a local realtor to sell. She noted that with the housing market in
a slump it is taking longer than expected to sell. However, they are looking forward to
the Spring season and nice weather to get a vigorous start on the sale of those centers.
PRIVILEGE OF THE FLOOR
There was no one present wishing to address the Council at this time.
ADJOURNMENT
There being no further business to come before the Vice-President Oliver J. Davis
adjourned the meeting at 7:30 p.m.
ATTEST: ATTEST:
____________________________ ____________________________
John Voorde, City Clerk Oliver J. Davis, President
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