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HomeMy WebLinkAbout04-14-08 Common Council Minutes REGULAR MEETING APRIL 14, 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, April 14, 2008 at 7:00 p.m. The meeting was called to order by Council President Rouse 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 Timothy Rouse At-Large President Karen L. White At-Large 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 24, 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 24, 2008 meetings of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 3845-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING, COMMENDING AND REMEMBERING THE MANY LASTING CONTRIBUTIONS MADE TO OUR COMMUNITY BY MARK TULCHINSKY Whereas, the Common Council of the City of South Bend, Indiana recently bid farewell to a very special person, Mark Tulchinsky, who touched thousands of lives as he walked the halls of learning centers throughout the South Bend Community School Corporation for the past 39 years; and 1 REGULAR MEETING APRIL 14, 2008 Whereas, the South Bend Common Council was privileged to know Mark Tulchinsky when he was an active, engaged and enthusiastic member of the Common Council’s Parks Committee; and Whereas, thousands of South Bend parents and children knew Mark Tulchinsky during the many decades he devoted to education excellence, and for the countless words of encouragement he gave to youngsters, while being an exemplary and caring role model for all educators; and Whereas, the Common Council acknowledges that Mark David Tulchinsky was born on th the 26 day of January, 1947 in South Bend. He graduated in 1964 from John Adams High School and in 1968 with a degree in history from the University of Chicago. He th began his long and distinguished educational career as a 4 grade teacher at Perley Elementary in 1968. Mark earned his Masters Degree from the University of Notre Dame in 1974 and began his administrative career with the South Bend Community School Corporation in 1979 when he was appointed to serve as the Assistant Principal at Jefferson School; and Whereas, Mark Tulchinsky served as an innovative and pro-active Principal at McKinley, Perley, Jefferson, Monroe and Tarkington schools during his distinguished 39 years with the South Bend Community School Corporation. He also served as a licensed Indiana High School Athletic Association basketball and football official and officiated the IHSAA Class 3-A state football finals in 1983; and Whereas, Mark Tulchinsky also relished working as a timekeeper for University of Notre Dame football and basketball games for over thirty (30) years. He diligently served on countless boards and commissions; some of which included the YMCA, Urban Youth Services, Boys and Girls Club, the Northeast Neighborhood Council, and the Special Olympics. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends, honors and will remember forever the life, dedicated service and countless contributions of MARK TULCHINSKY, an exemplary educator, who epitomized the very best of the public school system. This was only surpassed by his sincere love and dedication to his family, friends and the many youngsters and educators he deeply touched and inspired throughout his sixty years. Section II The South Bend Common Council wishes Nan Tulchinsky, Mark’s wife of 38 years, their two sons Peter and Daniel, their daughter Sarah Baer, 4 grandchildren, Mark’s mother, Ruth Tulchinsky and all of their family members and many friends the very best in the years ahead. We will all be enriched by the many memories of this kind, caring and devoted special person, MARK TULCHINSKY. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain, 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney th Attest: Adopted this 14 day of April, 2008 2 REGULAR MEETING APRIL 14, 2008 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Puzzello, 1247 E. LaSalle, South Bend, Indiana, made the presentation for this Resolution by first offering her comments and then reading the Resolution in its entirety and presenting it to Mrs. Nan Tulchinsky. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Mrs. Nan Tulchinsky thanked the Council for this honor commemorating her husband. She stated that her husband was truly dedicated to teaching the youth of the community. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Dieter seconded the motion which carried. RESOLUTION NO. 3846-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING THE STUDENT-ATHLETE WRESTLING CHAMPIONS FROM THE 2008 SOUTH BEND CITY CHAMPIONSHIP Whereas, the South Bend Common Council recognizes that school wrestling programs are governed by the Indiana High School Athletic Association, Inc. (IHSAA), which was originally organized in 1903, and regulates, supervises and administers interschool athletic activities among 406 member Indiana high schools; and Whereas, school wrestling programs are designed to develop positive attitudes; sound wrestling techniques which will work at the highest levels of competition; enhance physical abilities; and develop good character in each wrestler while setting goals which can be reached through hard work, determination and self-discipline; th Whereas, the 13 Annual IHSAA Team Wrestling State Tournament Series reflected 309 schools competing in sectional competitions at sixteen (16) locations th throughout the state with the 70 Annual IHSAA Individual Wrestling Tournament having the top four contestants in each weight class compete in the sectionals, with winners advancing to the individual regional, semi-states and ultimately to the state finals held in Indianapolis’ Conseco Fieldhouse; and Whereas, the South Bend Common Council is proud to recognize and honor all of the individual wrestlers who participated in the 2008 South Bend City Championship and their coaches; and would especially like to commend each of the South Bend Student- Athlete Wrestling Champions in each of the following weight classes, who were victorious in the 2008 South Bend City Wrestling Championship: Luis RenteriaMike Anderson (Greene) 70 lb Weight Class (Jackson) 125 Weight Class Kevin DanikTorriano Harris (Clay) 75 lb Weight Class (Navarre) 130 Weight Class Michael Dieter Saul Carmona (LaSalle) 80 lb Weight Class (Jackson) 135 Weight Class Sam FerdigQuintero Hayes (LaSalle) 85 lb Weight Class (Jackson) 140 Weight Class Tommy GrayAndrew Sellers (Edison) 90 lb Weight Class (LaSalle) 145 Weight Class William Howell-BeyGehrig Dieter (Clay) 95 lb Weight Class (LaSalle) 155 Weight Class Erik UlleryDuron Ivery (Jackson) 100 lb Weight Class (Greene) 165 Weight Class Gary Gluckert Terry Malone (Dickinson) 105 lb Weight Class (Marshall) 180 Weight Class Derek FowlerDevin Warren (Navarre) 110 Weight Class (Clay) 215 Weight Class Stuart Naragon Joe Gallegos (LaSalle) 115 Weight Class (Brown) 275 Weight Class Jon Kowalski (Jackson) 120 Weight Class Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: 3 REGULAR MEETING APRIL 14, 2008 Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby congratulates each and every member of the South Bend wrestling teams, their coaches, principals, athletic directors, family and friends; and especially the twenty (20) student-athletes who won in their individual weight class in the 2008 South Bend City Wrestling Championship. Section II. The South Bend Common Council believes that the hard-work, discipline, and dedication, both in the classroom and on the wrestling mat by each of these student-athletes has enabled each of these individuals to be an excellent role model for all students throughout our country; with each student-athlete bringing the highest of honors to himself, his family and friends, his school, and all of the residents of the City of South Bend, Indiana. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain, 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney th Attest: Adopted this 14 day of April, 2008 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Derek Dieter, 4903 Starboard Dr., South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting to the Coaches and Student Athletes of the Wrestling Team. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Kirsits seconded the motion which carried. RESOLUTION NO. 3847-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING STANLEY CLARK SCHOOL SCIENCE OLYMPIAD TEAM FOR WINNING THE 2008 INDIANA STATE SCIENCE OLYMPIAD CHAMPIONSHIP Whereas, the Common Council of the City of South Bend, Indiana, notes that the 2008 Indiana State Science Olympiad was held in Bloomington on March 29, 2008 at Indiana University; and Whereas, the annual Science Olympiad is a hands-on science competition for middle and high school students with twenty-three (23) events covering all of the science disciplines which include physics, biology and chemistry, as well as math disciplines, with many requiring teamwork and cooperation; and 4 REGULAR MEETING APRIL 14, 2008 Whereas, individual winners in each event are awarded Olympic-style medals with only teams earning the right to advance to the state tournament hosted by Indiana University after competing in one of the nine (9) Indiana regional tournaments; and Whereas, the 2008 Indiana State Science Olympiad was divided into two (2) divisions; Division B for grades 6 through 9, and Division C for grades 9 through 12; with the Stanley Clark School Science Olympiad Team being one of twenty-six schools competing in Division B ; and Whereas, the South Bend Common Council is especially proud to honor each of the victorious 17-Member Stanley Clark School Science Olympiad Team for winning the 2008 Indiana State Science Olympiad under Coaches Dru Wrasse and Jan Ivkovich, namely: Andrew Bartels Evelyn Huang Connor Method William Beach Tesia Janicki Emily Migliore Katherine Fischbach Karson Kamman Nicholas Rush Lauren Garatoni Madelyn Lee Stacie Skwarcan Grace Guibert Meredith Lee Nicholas Wawrykow Andrew Hildreth Michael Mahon Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and honors the Stanley Clark School Science Olympiad Team for winning the 2008 Indiana State Science Olympiad hosted by Indiana University, by ending the reign of a Valparaiso School, who had won this academic tournament for the past nineteen (19) years. Section II The South Bend Common Council believes that the hard-work, discipline, and dedication of each of the students on the Stanley Clark School Science Olympiad Team has enabled these scientific scholars to be excellent role models for all students throughout the City of South Bend; with each team member bringing the highest of honors to themselves, their parents, family members and friends, the Stanley Clark School, and all of the residents of the City of South Bend, Indiana. Section III. The South Bend Common Council wishes the Stanley Clark School Science Olympiad Team all the best when they compete in the National Tournament next month in Washington, D.C. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain, 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney th Attest: Adopted this 14 day of April, 2008 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember David Varner, 1306 Clayton Drive, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Coaches Due Wrasse and Jan Ivkovich and the members of the Stanley Clark School Science Olympiad Team. 5 REGULAR MEETING APRIL 14, 2008 A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Ms. Dru Wrasse and Ms. Jan Ivkovich thanked the Council for this honor. They stated that they are truly hard working, disciplined and dedicated students who have brought the highest honors to themselves. They commended their parents, family members and friends for providing support and encouragement to the students. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Kirsits seconded the motion which carried. REPORTS OF CITY OFFICES GARY GILOT – PUBLIC WORKS UPDATE ON CITY STREETS Mr. Gilot advised that they are patching potholes daily at a level of effort well above normal years. Mr. Gilot noted that the City of South Bend is clearly not alone as Mishawaka, the County and INDOT face similar challenges. He stated that they are doing the annual driving the streets and doing measurements and object condition rating of all the streets to prioritize the 2008 Comprehensive Pavement Rehabilitation (CPR) Program for streets. Mr. Gilot stated that they continue to objectively determine those that most need repair and the appropriate methodology to balance the desire to have lasting repairs while stretching the budget to help the most neighborhoods within the resources available. This assessment will be completed by the end of April. Mr. Gilot stated to keep in mind in any given year the goal with a sustainable resource plan is to address the worst 5% of the streets so they might have an average return interval of overlays of 20 years on 500 miles of streets less than 20 years on major streets and more than 20 years on low volume residential streets. Mr. Gilot recapped the level of effort and expenditure targeted to pothole patching this year so far from January 7, 2008 to April 3, 2008. The cost of patching material used almost $60,000. Cost of wages of patching crews of $121,000, about 7,000 man-hours. $76,000 to operate trucks, hot boxes and other patching equipment. All for a total cost of more than $257,000 up dramatically from recent years and there is still a lot of work to do. Mr. Gilot noted that Street Commissioner Sam Hensley is planning a more pilot paving using a mix design that is growing in popularity in Europe. He stated that they hope for increased durability out of a product mix that will allow them to stretch resources to help resurface more streets in need. Mr. Gilot advised that many more streets will see crack sealing, infrared spot repairs, or inlays of asphalt to extend street service life. Mr. Gilot noted that the priority road patching focus for the next week is downtown and major streets. He further advised that to report a large road hazard pothole deeper than 4 inches and large than 1 square foot on any major high traffic volume street call the Street Department and they will add it to their priority work list. Mr. Gilot stated that when they have the main streets fixed with hot mix asphalt patch, they will move into the more minor residential street patching. He thanked the Council and the residents of the City of South Bend for their patience. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:50 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 nine (9) 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. 6 REGULAR MEETING APRIL 14, 2008 PUBLIC HEARINGS BILL NO. 19-08 PUBLIC HEARING 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 Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. Ms. Karen Ainsley, Near Northwest Neighborhood Inc., 1007 Portage Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Ainsley advised that the Near Northwest Neighborhood is currently rehabilitating the property adjacent north of this alley. They are petitioning to close the alley to increase vehicular safety. The proximity of the alley to the Leland & Portage Avenue intersections increases the potential for accidents. Closing the alley will improve the quality of life. There is currently a great deal of undesirable traffic that utilizes this cross alley. There is a public safety concern as the alley is used for the sale of drugs and prostitution. She urged the Council’s favorable recommendation. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Mary Ellen Grontkowski, 720 Portage Avenue, South Bend, Indiana, spoke in opposition to this bill. Ms. Grontkowski advised that the closing of this alley would greatly affect her getting in and out of her property; she stated that selfishly this is her driveway. Ms. Grontkowski advised that if this alley is closed she will be forced to have to back out of her property onto Portage Avenue. She advised that trying to back out onto Portage in the morning hours is extremely difficult, if not impossible. She noted that this alley is the first exit from the intersection Portage and Leland. If this alley is closed she along with others on the street would have to travel a good distance north in the north-south alley before getting to the next east-west alley exit to be able to turn south, because the north-south alley is too narrow to turn around in. Ms. Grontkowski advised that in the twenty (20) years that she has lived at this address there have been no accidents at this location. Ms. Grontkowski stated that crime will not decrease because of an alley being closed. She encouraged the neighbors to write down license plate numbers and give them to the Police Department, so they can check the neighborhood for illegal activity. She stated that she has done this in the past and it worked quite effectively. She urged the Council to vote unfavorably. There being no one else present wishing to speak either in favor of or in opposition to this bill, Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion. The motion was defeated by a roll call vote of three (3) ayes (Dieter, Puzzello, LaFountain) and six nays (Henry Davis, Oliver Davis, Varner, White, Kirsits, Rouse) Councilmember Rouse made a motion to send this bill to the Council with an unfavorable recommendation. Councilmember Oliver Davis seconded the motion which carried by a voice vote of six ayes (Henry Davis, Oliver Davis, Varner, White, Kirsits, Rouse) and three (3) nays (Dieter, Puzzello, LaFountain). 7 REGULAR MEETING APRIL 14, 2008 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 Varner made a motion to strike this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 17-08 PUBLIC HEARING 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 Councilmember Puzzello, Chairperson, Parc 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. Dennis Andres, Executive Director, The Morris Performing Arts Center, 211 N. Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Andres advised that this bill requests an appropriation of $2,900 within the Morris Performing Arts Center and Palais Royale Marketing Fund (Fund 273). He stated that revenues from this fund are generated from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. Mr. Andres advised that Mark Tarner of South Bend Chocolate continues to support the costs of the Morris Ticket Stock. This stock with the South Bend Chocolate Co. logo on the reverse side would be used to print over 200,000 admission tickets this year. He urged the Council favorable consideration. 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 Rouse seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Derek D. Dieter, Chairperson Committee of the Whole 8 REGULAR MEETING APRIL 14, 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 8:12 p.m. President Timothy Rouse presided with nine (9) members present. BILLS – THIRD READING BILL NO. 19-08 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 third reading. Councilmember Oliver Davis made a motion that this bill be defeated. Councilmember White seconded the motion which carried by a roll call vote of six (6) ayes (Henry Davis, Oliver Davis, Varner, White, Kirsits, Rouse) and three nays (Dieter, Puzzello, LaFountain.) ORDINANCE NO. 9833-08 AN ORDINANCE 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 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 nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3848-08 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3941 RIVERSIDE DRIVE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DEANNA BOYKINS WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known 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 9 REGULAR MEETING APRIL 14, 2008 Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 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 10 REGULAR MEETING APRIL 14, 2008 completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Michael Urbanski, Garden Homes, 14299 Day Road, Mishawka, Indiana, made the presentation for the bill on behalf of the owner Ms. Deanna Boykins. Mr. Urbanski advised that the owner plans to construct a new 1768 square foot home with attached garage. The home will have three bedrooms and a total of five rooms. The will have a full basement. The price of the home is estimated at $116,190. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3849-08 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3702 WEST SAMPLE STREET, SUITE 1125 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TRIANGLE MACHINE, 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 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, as an Economic Revitalization Area; and 11 REGULAR MEETING APRIL 14, 2008 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. Mr. Wally Schrubkowski, Triangle Machine, 3702 W. Sample, South Bend, Indiana, made the presentation for this bill. Mr. Schrubkowski advised that Triangle Machine, Inc. is a manufacturer of precision machine components. The company plans to purchase and install new equipment that will give it the ability to complete work in-house that is currently outsourced to other firms and at the same time increase its productive capacity. 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. 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 nine (9) ayes. RESOLUTION NO. 3850-08 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 4315 SOUTH LAFAYETTE BOULEVARD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT-YEAR REAL PROPERTY TAX ABATEMENT FOR HERAEUS KULZER, INCORPORATED WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, 12 REGULAR MEETING APRIL 14, 2008 requesting that the area commonly known as 4315 South Lafayette Blvd., South Bend, Indiana, and which is more particularly described as follows: Parcel 1: 314 X 675.6” BEG 628’ W NE COR SE ¼ NE ¼ 4.86AC SEC 26 37 2E Parcel 2: 314 X 628’ BEG NE COR SE ¼ NE ¼ 4.528 A SEC 26 37 2E and which has Key Numbers 23-1013-075802 (Parcel 1) and 23-1013-075801(Parcel 2) presently at this point and time, 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 that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of 13 REGULAR MEETING APRIL 14, 2008 Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of eight (8) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 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 VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Puzzello, Member of the 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. Bernie Bolka, Vice President Finance & Administration, Heraeus Kulzer, Inc., 4315 S. Lafayette Blvd., South Bend, Indiana, made the presentation on the bill. Mr. Bolka advised that Heraeus Kulzer, Inc. is proposing to renovate a 25,000 square foot existing building in order to combine their managerial/administrative staff with their manufacturing facility that is already on the site. The building is the eastern most of three connected buildings and fronts on South Lafayette Boulevard. This move will improve the efficiency of both operations. The company manufactures and distributes dental consumable products on the site. The estimated cost of the project is $1,800,000. The manufacturing facility has been at this location since 1989 and under current ownership since 1995. It is estimated that the total project will create thirty-five (35) new, permanent, full-time jobs representing a new annual payroll of $2,922,953. The project will also retain sixty-one (61) existing, permanent, full-time jobs representing an annual payroll of $3,211,500. A Public Hearing was held on the Resolution at this time. There being no one present wishing tot speak to the council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Council Member Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 14 REGULAR MEETING APRIL 14, 2008 RESOLUTION NO. 3851-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA EXPRESSING ITS SUPPORT FOR THE RETENTION OF THE COUNCIL ATTORNEY FOR CALENDAR YEARS 2008 THROUGH 2011 ON A CONTRACTUAL PART-TIME BASIS WHEREAS, the South Bend Common Council notes that it is authorized to hire or contract a Council Attorney under the Indiana Code; and WHEREAS, since 1975 when the Indiana law took effect, the South Bend Common Council has elected to hire on a contractual basis a part-time Council Attorney; WHEREAS, the Common Council believes that it would be a good management and planning decision to hire the Council Attorney, for the current Council’s term running from January 1, 2008 through December 31, 2011, with this action being in the best interests of the Common Council. Now, Therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, pledges its support to Kathleen Cekanski-Farrand, Indiana Attorney #3168-71, to be their Council Attorney for the current Council Term running from January 1, 2008 through December 31, 2011, on a contractual part-time basis. Section II. The appointment of the Council Attorney would be subject to a satisfactory annual performance review by the Common Council, which shall be th completed on or before September 30 as a part of the annual budget process. The measurable outcomes utilized by the Common Council shall include a satisfactory completion of the duties set forth in the South Bend Municipal Code §2-7(b) addressing the drafting of ordinances and resolutions; reviewing all proposed ordinances and resolutions as to form and legality; giving legal advice as requested by the Common Council, its committees and members; and advising the Office of the City Clerk on matters regarding publication and codification; with a summary of the same being provided in a Council Attorney Annual Report which shall be submitted for Council review. Fees for such legal services would be subject to the annual budget review and approval process. Section III. In the event that the Common Council desires to engage the Council Attorney for any special projects such as acting as the Council’s Agent for labor negotiations and/or representing the Council in litigation; fees for those legal services would be subject to the submission of a written Professional Services Summary detailing such services, with that document being submitted with the appropriation claim form and then processed for payment, as required. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council. s/Timothy A. Rouse Member of the Common Council Councilmember White made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Council President Timothy Rouse, Chairperson, Council Rules Committee, reported that this committee met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. 15 REGULAR MEETING APRIL 14, 2008 Councilmember Al “Buddy” Kirsits, 722, Marquette, South Bend, Indiana, made the presentation for this bill. Councilmember Kirsits advised that effective planning is critical for progressive legislative measures. He stated that the proposed resolution will assist both the entire Council and the Council Attorney, in this endeavor. Currently, the Council Attorney has had to go through an annual retention process, which takes place at the Council’s Organizational meeting each January. Not know the intentions of the Council have caused concern leading into the next calendar year, especially with regard to ongoing Council projects. Some questions were raised with regard to resolution proposed to improve management and planning. The substitute bill addresses those concerns. It amends former Section II by including the language that the appointment of the Council Attorney would be subject to a satisfactory annual performance review by the Common th Council, which shall be completed on or before September 30 which would be a part of the annual budget process. The measurable outcomes utilized by the Common Council would include a satisfactory completion of the duties set forth in the South Bend Municipal Code §2-7(b). Councilmember Kirsits thanked Councilmember’s White and Puzzello for their input on this amendatory language. He respectfully requested the support of all members of the Council. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember White seconded the motion which carried by a roll call vote of nine (9) ayes. BILL NO. 08-31 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2008 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE Mr. Charles Clark, License Auditor, City of South Bend, Department of Administration th and Finance, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Clark advised that in accordance with the procedure for the renewal of City Business/Occupational licenses for the operation of Scrap Metal/Junk Dealers/Recycling Operations, renewal applications for three (3) businesses: A-1 Auto Parts, 2014 S. Lafayette Blvd; Concrete Recycling Center, 1702 N. Bendix Drive; and Gertrude Street Metal Recycling, Inc., 3700 Gertrude Street, were submitted to the Police Department, Fire Inspection Bureau, Water Works, Department of Code Enforcement and Building Department. He stated that the properties were inspected for Fire Code Violations, environmental violations, proper maintenance of the premises and areas outside the fences, and the height and condition of the surrounding fencing. Mr. Clark further noted that the applicants have met all of the technical requirements of the ordinance. He asked for the Council favorable consideration. Councilmember White asked for the reports from the various departments to see if the Scrap Metal/Junk Dealers are in compliance. She stated that there should be a check list to see if the various dealers are in compliance with the Ordinance. Mr. Clark stated that is an area that he is not really aware of because he is not out on the scene. He stated that is something that the Police Department would be aware of and are the ones that would check and inspect for the video cameras, finger prints, etc. 16 REGULAR MEETING APRIL 14, 2008 Councilmember White asked Mr. Clark how the dots can be connected if the proper paperwork is not submitted and reviewed, especially with all the concerns over the past year with scrap metal issues. Mr. Clark stated that he would need to be in contact with the Police Department to make sure that the inspections are being conducted. Mr. Clark stated that he knows that the Police Department is running background checks when the applications are submitted, but he is not sure if they actually go out to the site to see if they have everything that is required in the Ordinance. Councilmember Davis questioned if the three (3) applicants that are on the Resolution tonight have had the proper inspections and gone through the process that is outlined in the Ordinance. Mr. Clark responded that he does not know what the Police Department has done, but he does know what the Department of Code Enforcement, Fire Department, Building Department, and Water Works have inspected. Councilmember White asked Mr. Clark to contact the Police Department to see if those items have been inspected for and are in compliance with the Ordinance. Mr. Clark stated that he has not talked with the Police Department for a couple of months. But the last time he did talk to them that they were quite happy with the way the Ordinance was working. Mr. Clark stated that he has a call into Chief Bishop, but has been unable to establish contact with him today. He stated that he would get that information to the Council. Councilmember Dieter stated that the Police Department does not have staff assigned to Scrap Metal. He noted that they are currently understaffed at this time. Council Attorney Kathleen Cekanski-Farrand stated that often when the Council has a Resolution before them like this one, there are reports from the various departments that have been included when the Resolution is filed for Council consideration. Also, there was an advisory report from the Board of Public Works, which is not being done at this time. She noted that if the Council considers delaying this bill until the next Council Meeting that for future filings that the Council consider revising the bill and put the burden of proof back on the applicant. She advised that she will work with Mr. Clark to resolve the issues brought up. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember White made a motion to continue this bill until April 28, 2008 meeting of the Council, until the Police Department has been contact and a check list has been established listing whether or not the scrap metal/junk dealers are in compliance with the ordinance. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILLS – FIRST READING BILL NO. 20-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF GOLDEN AVENUE FROM WOODWARD AVENUE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF GOLDEN AVENUE FROM RIVERSIDE DRIVE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET 17 REGULAR MEETING APRIL 14, 2008 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 28, 2008. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 21-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $400,000 WITHIN FUND 410 FOR POTAWATOMI PARK FUN FOR ALL AGING IN PLACE HOME MODIFICATION PROGRAMS This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on April 28, 2008. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 22-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING PREAPPROVED PAYMENT OF CLAIMS This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on May 12, 2008. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 23-08 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, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 1, WAGGONER FARM DEVELOPMENT, L.P. 51270 MAYFLOWER ROAD, SOUTH BEND, INDIANA Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set if for Public Hearing on June 9, 2008 and Third Reading on June 23, 2008. Councilmember White 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 Councilmember Kirsits reported that the Council on the Community/Campus Advisory Coalition met on April 10, 2008. He noted that they have achieved a mission statement and will give their report to the Council in June. Councilmember Kirsits advised that he attending a meeting at the Charles Martin Youth Center regarding “Underage Drinking.” He stated that the panel talked about breaking the cycle of underage drinking. He commended Tom Walker a student at John Adams High School who made a great presentation. He noted that Mr. Walker is a member of the Youth Council, who is mentored by Councilmember Karen White. 18 REGULAR MEETING APRIL 14, 2008 Councilmember Oliver Davis stated that on April 2, 2008 and April 3, 2008 he attending the Rum Village Neighborhood Association and West Side Neighborhood meetings. He noted that both associations are concerned with graffiti in their neighborhoods. Both neighborhood associations would like to see beautification programs to entice businesses to come to their respective areas. Councilmember White advised that she attended the Urban Enterprise Association meeting and general business was conducted. Councilmember White advised that the Youth Council will meet on Wednesday, April 16, 2008 at 5:00 p.m. in the Council’s Informal Meeting Room. PRIVILEGE OF THE FLOOR COMMENTS FROM MS. SHIRLEY R. FULTON REGARDING THE DISCARDING OF TIRES IN THE RUM VILLAGE NEIGHBORHOOD Shirley R. Fulton, 1628 S. Carlisle, South Bend, Indiana, stated that she is the Secretary for the Rum Village Neighborhood Association. Ms. Fulton stated that she is here tonight to urge the Council’s support in a neighborhood clean-up effort in the Rum Village Neighborhood. Ms. Fulton stated that there is a problem in the area of having old tires and debris dumped illegally in alleys, vacant lots and residential areas throughout the Rum Village Neighborhood. She advised that the Rum Village Neighborhood Association held a community clean-up effort and discarded more than 200 tires. Ms. Fulton urged the Council to support a community wide clean-up effort. COMMENTS FROM MS. MARTHA LEWIS TO REINSTATE THE ORIGINAL ETHNIC FESTIVAL Martha Lewis, 308 S. Frances, South Bend, Indiana, advised that Niles has the Apple Festival, St. Joe has the Venetian Festival, New Carlisle has Historical Days, Plymouth the Blueberry Festival, Wakarusa the Maple Fesitval, Mishawaka has Summer Fest and South Bend used to have the Ethnic Festival. She stated that she is here tonight to present 2 petitions signed by citizens and community leaders who would like to see the original Ethnic Festival reinstated. South Bend is at the brink of major changes in the downtown, with redesigning Coveleski, the sports village and perhaps new sports arena, new and expanding restaurants, what better time to bring back a beloved festival to showcase the City’s rich diversity and changing City. Ms. Lewis stated that the first petition started August 1, 2006 and was last signed October 23, 2007 with 536 signatures. She stated that with the help of Mr. Tim Hudak, they presented the petitions to Mr. Marco Mariani and Mr. Paul Meyer of Downtown South Bend to discuss possible implementation since they have the mechanism and do such a great job with other downtown activities. The conversation was positive and they challenged to do another petition aimed at community th leaders. The second petition started November 13 2007 and was last signed March 24, 2008 with 32 signatures. Ms. Lewis stated that on September 14, 2006 the South Bend Common Council passed Resolution No. 3640-06 which stated in Section II. “The South Bend Common Council publicly urges all of our residents, governmental officials and employers to celebrate the rich racial and ethnic diversity of our city…creating opportunities and events which bring community residents, businesses, neighborhoods, our faith-based community organizations, and visitors to South Bend opportunities to recognize our city’s rich diversity.” Ms. Lewis urged the Council’s favorable recommendation in reinstating the Original Ethnic Festival. 19 REGULAR MEETING APRIL 14, 2008 COMMENTS FROM MS. EVELYNE BARTON REGARDING THE PROPERTY AT 815 N. SHERMAN Ms. Evelyne Barton, 903 Sherman, South Bend, Indiana, advised that the home located next door to her at 815 N. Sherman was a rental property. The last tenants vacated the property at the end of May 2006, as the owner of the property told them that the bank was foreclosing on the property. Ms. Barton stated it was at this time that she began calling the City of South Bend’s Department of Code Enforcement. Ms. Barton stated that she spoke with Katrina, the inspector from Code Enforcement and was told that the property at 815 N. Sherman was cited for both trees overgrowing onto the property next door as well as piles of trash. Ms. Barton stated that she was told that it would probably take approximately 1-2 months to remove the debris. Ms. Barton asked for the Council’s help in trying to expedite the removal of debris and cut the tree that is buckling her fence. ADJOURNMENT There being no further business to come before the President Timothy Rouse adjourned the meeting at 9:15 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Timothy Rouse, President 20