HomeMy WebLinkAbout05-27-08 Common Council Minutes
REGULAR MEETING MAY 27, 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, May 27, 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
Al “Buddy” Kirsits At-Large
Timothy Rouse At-Large President
Karen L. White At-Large
Absent: Oliver Davis 6th District Vice-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 May 12, 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 White made a motion that the minutes of the May 12, 2008 meeting 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
Council President Rouse announced that the Council is accepting applications to the
Animal Control Commission until Wednesday, June 4, 2008. Applications may be obtain
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on-line at www.southbendin.gov or in the Office of the City Clerk, 4 Floor County-City
Building, 227 W. Jefferson Blvd., South Bend, Indiana.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:01 p.m. Councilmember Henry Davis made a motion to resolve into the Committee
of the Whole. Councilmember Dieter 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.
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REGULAR MEETING MAY 27, 2008
Councilmember Dieter stated that a brochure may be found on the railing in the Council
Chambers explaining those procedures.
PUBLIC HEARINGS
BILL NO. 20-08 PUBLIC HEARING 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
Councilmember Varner made a motion to hear the substitute version of this bill.
Councilmember White seconded the motion which carried by a voice vote of eight (8)
ayes.
Councilmember LaFountain, Vice-Chairperson, Public Works and Property Vacation
Committee, reported that this committee met this afternoon on this bill and sends it to the
full Council with no recommendation due to the lack of a quorum.
Mr. Michael Neises, 1043 Riverside Drive, South Bend, Indiana, made the presentation
for this bill.
Mr. Neises advised that he and his wife desired an older home and they got the
impression that South Bend was making a renewed commitment to its neighborhoods
that’s what led them to leave the Granger, Indiana area and move in August of 2006 and
purchase a previous rented property at 1043 Riverside Drive. Mr. Neises stated that the
one undesirable feature of the property is a cross-alley on the north side of the property,
particularly because his home sits right on the alley without any buffer. He stated that his
side door literally opens on the alley, with the risk of being hit by a vehicle when opening
the door or stepping out of the entryway. Traffic moves too fast, and is of a “cut
through” nature is generally unsafe. He and his wife are concerned as they get older and
when they have their grandchildren over. Mr. Neises stated that privacy and safety are of
great concern. The alley gives access to individuals to their side and back yards, making
them feel very vulnerable at times. There have been times when teenage boys just hang
out in the alley, literally right under their windows. He urged the Council to vote
favorably on this bill.
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Mr. Gary Gilot, Director, Board of Public Works, 13 Floor County-City Building, South
Bend, Indiana, stated that the Board of Public Works is in favor of this bill, subject to a
cross-access easement agreement. Mr. Gilot stated that they received a copy of that this
afternoon and suggest to the Council that if they choose to recommend favorably to make
their motion to approve subject to recording the cross access easement agreement.
Council President Rouse asked if there was a record of how many calls for service were
logged at this location.
Mr. Gilot stated that he did not have that information and that he cannot quantify that
data and stated that he had qualitative antidotal reports.
Kathleen Cekanski Farrand pointed out that on Section V. on page 2 of the proposed
ordinance makes it contingent upon the recording of the cross access easement and also
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REGULAR MEETING MAY 27, 2008
in the cross access agreement paragraph five of that agreement also sets forth that
conditional language.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
Mr. William Burns, 1045 Riverside Drive, South Bend, Indiana, stated that he is the
renter of 1045 Riverside Drive. Mr. Burns advised that he is concerned for the safety and
security of his family. He urged the Council to vote favorably on this bill.
Ms. Mary Ellen Wilber, 1045 Riverside Drive, South Bend, Indiana, advised that she is
the owner of 1045 Riverside Drive. Ms. Wilber stated that she has no objections to
closing the alley and believes that it will restore the safety and security issues that her
renter is now facing. She asked the Council for their favorable consideration.
The following individuals spoke in opposition to this bill.
Ms. Theresa Heamon Roper, 1026 Woodward Avenue, South Bend, Indiana, stated that
her driveway is part of the alley. She advised that she drives down the alley everyday.
She stated that she can back out of her driveway, but the easiest way is back out of her
garage and then pull forward and go strait out past Mr. Neises house. She stated that she
has lived in this home for over 20 years and has always used this way to exit out of her
driveway. She stated that there are several neighbors here tonight that also oppose the
closing of this alley. Ms. Roper stated that the alley goes into Shetterly Park, and a lot of
neighbors like to be able to walk to the park. She stated that she is not aware of any
problem with crime or vandalism. Mr. Roper submitted pictures to the Office of the City
Clerk showing her driveway and the alley in question. She urged the Council to vote
against the closing of this alley.
Ms. Jackie Smith, 1037 Riverside Drive, South Bend, Indiana, stated that she uses this
alley quite frequently, both in her car, riding her bike, and walking her dogs. She stated
that she has not seen a crime problem in that particular alley. She stated that she uses this
alley all hours of the day. The majority of the neighbors would like to see this alley kept
open. She stated that there is a fire hydrant located directly across from the alley that is
being petitioned to vacate. Ms. Smith stated that is the only fire hydrant on the block to
get water from in case of a fire in a neighbors back yard, the fire department would need
access to that fire hydrant. She stated that the alley should remain open and urged the
Council for vote against this bill.
Ms. Joseph Taschetta, 1029 Riverside Drive, South Bend, Indiana, stated that he and his
wife Rolanda Hughes are here tonight to express their concerns on not closing the alley.
Because of the length of Riverside Drive, it being one of the longest streets in South
Bend, closing even just part of the alley would take additional fuel and time. Mr.
Taschetta stated that he rides his bikes and walks through that alley at least six times a
week. Closing the alley would be hardship on all residents in the area. This alley would
be the easiest and closest way for the Fire Department to bring water to the back of the
properties for most of the mid section of the block. This is a good safe alley that should
be maintained as public property for public use. Alleys are pedestrian friendly and an
important part of a healthy urban environment, walking and biking are more important
than ever before, both for the sake of the health and recreation and as a reflection of
responsible use of resources. He stated that he bikes a lot to the grocery, post office,
library, etc., and rely on the alley and other alleys. Closed alleys often make trips longer,
more difficult and dangerous. He stated that they have not experienced any crime in the
alley and feel that it is important that the City leave the alley open and strongly urge the
Council to oppose this unnecessary alley closure.
Ms. Rolanda Hughes, 1029 Riverside Drive, South Bend, Indiana, she can sympathize
with why some people who live next to an alley would like to petition to close the alley,
however, it really is an important access point for those whose live on the street also. Ms.
Hughes stated that she lives four houses down from the alley in question. She stated that
she uses this alley quite frequently. Ms. Hughes noted that those residents that live on
Riverside have parking on only one side. So parking in the back for residents is a must
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REGULAR MEETING MAY 27, 2008
and closing access to the back of the properties would be a hardship. She stated that she
has lived in the area for ten years and have not experienced any crime in the alley. Ms.
Hughes stated that she is aware that things happen on occasion, but closing this alley is
not the way to prevent them.
Mr. Bradley Bartholomew, 1022 Woodward Avenue, South Bend, Indiana, stated that he
owns and rents along with his parents the home directly behind Mr. Neises. Mr.
Bartholomew advised that they have owned the property for thirty-five years and in that
time they have not experienced much car traffic. He stated that when his father would
paint the home, he would park his car in the alley to make sure people would not hit the
ladder. Mr. Bartholomew stated that he has been doing yard work at the home just
recently and agrees with the neighbors that there are few cars that go through the alley.
There are more walkers and bike riders than cars. He noted that they have not
experienced any kind of break-ins or vandalism. Mr. Bartholomew stated that he cannot
see closing this part of the alley for just one person’s benefit, because it would affect so
many more.
In rebuttal, Mr. Neises clarified a couple of points, first, on safety. He stated that it was
his own personal safety, for his wife and grandchildren, not necessarily addressing public
safety issues. He stated that the board door on the alley is because this property was a
rental and it is his desire is to rehabilitate it and make it useable and accessible and he
doesn’t think a boarded door gives the kind of impression he is trying to create as they
rehab their property. The grapevine over the fence was just overgrown vegetation that
prevented access and use of the garage, so as a part of making the property usable that
needed to be taken down so that he could get in and out of the garage. He noted that the
Board of Public Works stated that in their review that the Fire Department did sign off
and stated that they did not have any issues with the closing of this portion of the alley.
Mr. Neises stated that the automobile traffic is not heavy, but when vehicle do go down
the alley they travel at speeds greater that he thinks are safe. He asked the Council for
their favorable consideration.
Councilmember Varner made a motion for unfavorable recommendation to full Council
concerning this bill as substituted. Councilmember Henry Davis seconded the motion
which carried by a voice vote of eight (8) ayes.
BILL NO. 32-08 PUBLIC HEARING ON A BILL TO VACATE
THE FOLLOWING DESCRIBED PROPERTY:
THE ALLEY TO BE VACATED IS THE
EAST/WEST ALLEY NORTH OF LASALLE
AVENUE FROM NOTRE DAME AVENUE
EAST ALONG THE NORTH LOT LINES OF
LOTS 7, 8 AND 9 OF DUNN’S SUBDIVISION
FOR A DISTANCE OF 116 FEET AND A WIDTH
OF 10 FEET BEING A PART OF THE CITY OF
SOUTH BEND, PORTAGE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA
Councilmember Puzzello made a motion to amend this bill by changing Section V. to
read as follows: Section V. This ordinance shall be in full force and effect from and after
its passage by the Common Council and approval by the Mayor, subject to a blanket
access easement approved as to form by the Board of Public Works which is properly
recorded with a copy of the same being filed with the office of the City Clerk.
Councilmember Varner seconded the motion which carried by a voice vote of eight (8)
ayes.
Councilmember LaFountain, Vice-Chairperson, Public Works and Property Vacation
Committee, reported that this committee met this afternoon on this bill and sends it to the
full Council with no recommendation due to the lack of a quorum.
Mr. Tim Sexton, St. Joseph Regional Medical Center, 4215 Edison Lakes Parkway, Suite
300, Mishawaka, Indiana, made the presentation for this bill.
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REGULAR MEETING MAY 27, 2008
Mr. Sexton advised that the purpose of the alley vacation is to allow the Women’s Care
Center to expand their facility and the alley space is needed for that expansion. Mr.
Sexton stated that they have had meetings with the nearby property owners and had
resolved access and water runoff concerns that they had. Mr. Sexton noted that
Councilmember Puzzello attended the on-site meetings with representatives from St.
Joseph Regional Medical Center, the Women’s Care Center, the neighbors and the design
firm, where turn-radius concerns were accommodated. He asked the Council for their
favorable consideration.
Mr. Mark Lablang, Architect, James Childs Architects, stated that on February 18, 2008
and February 22, 2008, stated that an actual on-site review of turning radius and access to
the garages along the alley in question were made. At that time, two proposals were
reviewed with the potential impact. The proposed remedy would retain 18’ feet of the
existing pavement from the alley going west and along truncate at a forty-five degrees the
southern end of that 18’ strip for access into an existing garage which is directly adjacent
to the east property of the Family and Children’s Center. As the situation is today, access
to the extension of that alley way was not aware of and thought that the alley was already
vacated. The design bid and actually awarded and not brought to anyone’s attention until
November of 2007 when the contractor actually mobilized onto the site.
Councilmember White questioned the water runoff from the project.
Mr. Sexton stated that the civil engineering of the storm water retention on the entire
addition and parking lot is actually improved by the recommendation to keep that 18’
strip. First, there is an area of pavement that is being removed and green space is being
put in with grass and landscaping. This area currently allows for water to run off the
asphalt, with the addition they will allow for that water to be absorbed into the soft areas
of landscaping. Secondly, there are several structures that are included in the area
between the homeowner and the addition, that will take in any rain water that runs off
over the soft area and move it towards the south and into an existing storm water device.
Councilmember Puzzello questioned the accessibility to the residents of the area
especially in the winter months. There is a slight incline down into the current alley, and
since alleys are not plowed, this is where the concern of getting down that incline when
the weather gets inclement.
Mr. Sexton replied that allowing the extra 18’ of access would make turning and getting
up and down the incline much more accessible.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
Mr. Bobby Williams, Women’s Care Center, 907 E. LaSalle, South Bend, Indiana, spoke
in favor of this bill. Mr. Williams stated that for over 24 years the Women’s Care Center
has been helping young women and children in Michiana with counseling, mentoring and
with tangible assistances, cribs, car seats, diapers, formula, baby cloths, maternity cloths,
etc. The Center was opened in 1984, in a small blue house on St. Louis Blvd., serving
three hundred (300) women a year. Mr. Williams stated that the Care Center has grown
to over sixty neighborhood center serving over nine thousand (9,000) women each year in
Northern Indiana. He stated that over one-third 1/3 of all babies born in St. Joseph
County, start with the Women’s Care Center. The downtown center at the Corner of
Notre Dame Avenue and LaSalle Avenue is their most vital location. He noted that last
year at that location over 5,000 times a young mother came through the doors looking for
hope and looking for help and the Women’s Care Center was there to compassionately
love and serve her. It should be noted that all the services at the Women’s Care Center
are free of charge. Mr. Williams stated that the reasons that this expansion is needed is
that it has come to their attention by the Indiana Department of Health, that the City of
South Bend has the third worst rate in the entire state, second only to Gary, Indiana and
Michigan City Indiana, of women receiving first trimester prenatal care. Specifically
36% of pregnant women do not receive first trimester prenatal care here in South Bend;
this also includes 48% of African American mothers here in South Bend that do not
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REGULAR MEETING MAY 27, 2008
receive this vital prenatal care. This has led to a dramatic increase in low birth weight
and a high rate of infant mortality. Basically, the lack of prenatal care leads to unhealthy
moms and babies. This expansion would allow the Women’s Care Center to take care of
these mothers on site. The St. Joseph Regional Medical Center has graciously agreed at
their expense provide at the Women’s Care Center a full OB-Prenatal Facility Clinic at
this location. This will allow the Women’s Care Center the opportunity to care for these
young mothers and the end result of this expansion is healthier moms and babies. He
urged the Council’s favorable consideration and noted that for every month that goes by
one hundred women go unserved.
Mr. Gary Gilot, Director, Public Works Department, City of South Bend, Indiana, 227 W.
Jefferson Blvd, South Bend, Indiana, spoke in favor of this bill. Mr. Gilot advised that
the Board of Public Works sends this bill to the Council with a favorable
recommendation and also once before when the Council approved this alley and it was
subject to a cross access easement that did not get recorded. Mr. Gilot reiterated that the
Board of Public Works recommends this bill favorable subject to a blanket easement
across the subject parcel that would provide for access for the adjoining property owners.
Kathleen Cekanski-Farrand stated that Section V. will need to be amended to read:
Subject to a blanket access easement approved by the Board of Public Works as to form
and properly recorded with a copy of the same being filed in the Office of the City Clerk.
Councilmember Puzzello made a motion to amend this bill. Councilmember Varner
seconded the motion which carried by a voice vote of eight (8) ayes.
The following individuals spoke in opposition to this bill:
Mr. Kenneth Breen, 24330 S.R. 4, North Liberty, Indiana, stated that he owns the house
next door. Mr. Breen asked if Ordinance No. 8385-93 is null and void.
Kathleen Cekanski Farrand stated that Ordinance No. 8385-93 was made verbally subject
to a cross access easement at that time. She stated that in checking with the attorney who
was representing the petitioner back then, and going through the records on file in the
Office of the City Clerk. It was determined that although the Council went forward and
passed this Ordinance and made it subject to recording of the cross access easement, this
Ordinance was never properly advertised because of the lack of recording the cross
access easement, therefore, it is not a legal ordinance.
Mr. Breen advised that he has had discussion with the representatives of the Women’s
Care Shelter and never received a response on what they are planning to do. There are
more issues that need to be addressed. Mr. Breen stated that if this project moves
forward the water run off will come directly on his property. He questioned the issue of
snow removal. This alley is on a steep incline and makes driving virtually impossible in
the winter months. Mr. Breen asked the Council to continue this bill until the water run
off and snow and trash removal issues can be addressed.
Mr. John Larkin, 919 E. LaSalle Avenue, South Bend, Indiana, advised that he has lived
at this address for 85 years. He stated that he agreed with the first alley vacation passed
in 1993, leaving the cross access easement. Mr. Larkin stated that if they leave the 18’
like they are promising, it is possible to get in and out of the alley. However, they need
to provide that someone takes care of the snow removal. Last year, when the lot was
plowed they shoved the snow in a pile so that access to the alley was blocked.
Mr. Aaron Yoder, 917 E. LaSalle Avenue, South Bend, Indiana, stated that the water run
off is a problem. It runs off into Mr. Breen’s backyard and is a serious problem. The
access in the winter time trying to get up that north/south alley is very difficult because it
is on a hill. Unless somebody plows it, there is no way you can drive up it.
In rebuttal, Mr. Sexton stated that when they met with the homeowners directly behind
Mr. Breen’s home, they stood out in the cold for about a good hour and everyone was
freezing, and it was then that he thought that everyone was on the same page. That
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REGULAR MEETING MAY 27, 2008
everyone agreed to the 18’. It was coned out exactly how it would look and exactly how
it would stay. He apologized to Mr. Breen, he thought that he left that meeting with an
understanding of how the project was going to go forward and that is what James Child
Architect’s have submitted to the City and that is what was approved by the City
Engineer’s Office. In reference to the hill, it is a hill to the east of where the Women’s
Care Center currently resides. It is well up to the East of that area, it is not on the
property in question, it’s the area up there that the water runs off from and there is not
anything they can do to control water that is coming from an area that does not belong to
them. Currently, this area is all pavement, so the water just keeps running on through.
Having some grass, having some shrubs, having something in there to retain some of that
water cannot hurt, but only help the situation. The landscape area is approximately 15’
between the building and property line to the east and then it gets larger at the alley, it is
approximately 20 to 30 feet at the alley. He noted that The Women’s Care Center will
control the issue of snow removal when they contract with someone to take care of that.
Councilmember Puzzello stated that when she first heard about the cross access easement
not being recorded, she was in contact with Mr. Breen, and representatives from the
Women’s Care Center and St. Joseph Regional Medical Center. She understands that this
alley is a problem in the winter months and would like to have a letter stating that the
Women’s Care Center will take care of snow removal and putting salt down to make
access through the 18’ strip a little easier.
Kathleen Cekanski Farrand stated that this goes above and beyond the vacation. She
stated that in the motion the Council can make is subject to as amended. And, secondly
to have testimony of record from the Women’s Care Center representative that they are
willing to file the letter with the Office of the City Clerk so it is of record with that office.
Otherwise, it would be very difficult to track down three years from now, five years from
now.
Councilmember Puzzello revised her request to allow access through the alley and in the
winter time to plow the alley and put salt down.
Mr. Williams stated that when the Women’s Care Center hires someone to plow their
parking lot they will contract so that they to go down the alley and plow the snow.
Mr. Sexton stated that there is going to be an 18’ strip that is going to be utilized by the
trash truck and by the residents which is actually property of the Women’s Care Center,
and they maintain that 18’ strip and that truncated 45º and that access from the north alley
to the south alley that is now being partially vacated is guaranteed, that is part of his
parking lot and needs to plow.
Councilmember Puzzello made a motion for favorable recommendation to full Council
concerning this bill as amended and subject to a letter from a representative from the
Women’s Care Center that will commit to have reasonable efforts for access during all
seasons of the year. Councilmember LaFountain seconded the motion which carried by a
voice vote of eight (8) ayes.
BILL NO. 27-08 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING
$1,000,000.00 OF INDIANA COMMUNITY
REVITALIZATION ENHANCEMENT
DISTRICT INCREMENT FUNDS WITHIN THE
INDUSTRIAL DEVELOPMENT FUND, FUND
434, FOR THE PURPOSE OF DEVELOPMENT
AND REDEVELOPMENT WITHIN THE CITY
OF SOUTH BEND STUDEBAKER/OLIVER
COMMUNITY REVITALIZATION
ENHANCEMENT DISTRICT
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REGULAR MEETING MAY 27, 2008
Councilmember Dieter, Chairperson, Community and Economic Development
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.
Ms. Ann Kolata, Senior Redevelopment Specialist, Community & Economic
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Development Department, 12 Floor County-City Building, 227 W. Jefferson Blvd.,
South Bend, Indiana, made the presentation for this bill.
Ms. Kolata advised that this bill would allow for the appropriation of $1,000,000 from
the Industrial Development Fund, Fund #434, for repayment of the Section 108 Loan for
the Studebaker/Oliver Project.
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 Varner seconded
the motion which carried by a voice vote of eight (8) ayes.
BILL NO. 28-08 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA APPROPRIATING $178,320
WITHIN FUND 212 FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT SHELTER PLUS CARE
GRANT PROGRAM
Councilmember Dieter, Chairperson, Community and Economic Development
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.
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Ms. Pam Meyer, Director, Community & Economic Development, 12 Floor County-
City Building, 227 W. Jefferson Blvd, South Bend, Indiana, made the presentation for
this bill.
Ms. Meyer advised that this bill would allow for the appropriation of $178,320 in renewal
funding under the 2007 Shelter Plus Care Program and covers the period from August 1,
2008 through July 31, 2009. She noted that the City serves as a fiscal agent and recipient
of funds for the eligible agencies received the Shelter Plus Care Program dollars. The
funding allocated provides assistance with housing for Madison Center’s severely
mentally ill clients and Aids Ministries HIV/Aids clients. Ms. Meyer also noted that one
of the Department of Housing and Urban Development’s top priorities is addressing
homelessness and with the continuance of these projects makes a significant contribution
toward assuring the development of a continuum of care system in the community.
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 White seconded
the motion which carried by a voice vote of eight (8) ayes.
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REGULAR MEETING MAY 27, 2008
BILL NO. 29-08 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA TO APPROPRIATE FUNDS
FROM VARIOUS ACCOUNTS: $2,000,000
FROM UDAG FUND (#410); $110,000 FROM
EDIT FUND (#408); AND $105,000 FROM
EMERGENCY MEDICAL SERVICES FUND
(#288) FOR VARIOUS COSTS
Councilmember LaFountain, Chairperson, Personnel & Finance Committee, reported that
this committee held a Public Hearing on this bill this afternoon and voted to send it to the
full Council with no recommendation due to the lack of a quorum.
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M. Catherine Fanello, City Controller, 12 Floor County-City Building, 227 W. Jefferson
Blvd., South Bend, Indiana, made the presentation for this bill.
Ms. Fanello advised that this bill allows for the appropriation of funds from various
accounts. She noted that they are combined for the sake of efficiency. Ms. Fanello stated
that the various appropriations involve funds for expenditures which were projected in
the 2008 budget process though not precisely. Other appropriations were budgeted and
previously appropriated in 2007, but the project involving the designated funds were not
completed in 2007. She stated that UDAG Fund #410 to appropriate $1,000,000 for zoo
repairs was originally approved in 2007, but the contract process was not completed. The
second item was UDAG Fund #410 to appropriate $1,000,000 for the City’s financial
investment in the Notre Dame Nanotechnology Center, which was delayed for reasons
outside City management control. She advised that the EDIT Fund #408 appropriated
$11,000 in unencumbered funds for Project Future billings not paid in 2007, and
Emergency Medical Services Fund #288 appropriating $105,000 for Phase I of the
Training Tower Project, of which $100,000 is Indiana State grant funds and $5,000 is a
donation from Wal-Mart, which was also delayed.
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 Rouse seconded
the motion which carried by a voice vote of eight (8) ayes.
BILL NO. 30-08 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA TO APPROPRIATE $2,000,000
FROM LOCAL ROADS AND STREET FUND
(#251) FOR IMPROVEMENTS AT THE
IRONWOOD/MCKINLEY INTERSECTION
Councilmember LaFountain, Vice-Chairperson, Public Works and Property Vacation
Committee, reported that this committee met this afternoon on this bill and sends it to the
full Council with no recommendation due to the lack of a quorum.
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M. Catherine Fanello, City Controller, 12 Floor County-City Building, 227 W. Jefferson
Blvd., South Bend, Indiana, made the presentation for this bill.
Ms. Fanello advised that this bill would allow for the appropriation of $2,000,000 from
the Local Road and Street Fund #251 for construction work at the Ironwood McKinley
intersection. All funds for this appropriation were provided by the State of Indiana and
were received by the City in November 2007.
th
Mr. Gary Gilot, Director, Public Works, 13 Floor County-City Building, 227 W.
Jefferson Blvd., South Bend, Indiana, stated that he is in full favor of this project. Mr.
Gilot stated that the construction will cause some traffic restrictions, but the final result
9
REGULAR MEETING MAY 27, 2008
will be a safer intersection for all the residents of the City of South Bend. He urged the
Council’s favorable approval of this bill.
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 Puzzello made a motion for favorable
recommendation to full Council concerning this bill. Councilmember Rouse seconded
the motion which carried by a voice vote of eight (8) ayes.
BILL NO. 31-08 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA TO APPROPRIATE $218,963
FROM GENERAL FUND (#101) FOR 2007
ELECTION COSTS
Councilmember White made a motion to amend this bill to lower the appropriation from
$218,963 to $161,945. Councilmember Varner seconded the motion which carried by
voice vote of eight (8) ayes.
Councilmember LaFountain, Chairperson, Personnel & Finance Committee, reported that
this committee held a Public Hearing on this bill this afternoon and voted to send it to the
full Council with no recommendation due to the lack of a quorum.
th
Catherine Fanello, City Controller, 12 Floor County-City Building, 227 W. Jefferson
Blvd., South Bend, Indiana, made the presentation for this bill.
Ms. Fanello advised that the amendment to this bill reflect a lower appropriation from
$218,963 to $161,945 for costs of the 2007 elect. She stated that these costs were not
precisely known during the 2008 budget process.
Councilmember Dieter stated that he is not comfortable with this bill. He would like
more information regarding what these election costs are for.
Councilmember Varner made a motion to continue this bill until the June 9, 2008
meeting of the Council. Councilmember Puzzello seconded the motion which carried by
a voice vote of eight (8) ayes.
RISE AND REPORT
Councilmember Varner made a motion to rise and report to the full Council.
Councilmember LaFountain 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
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 8:25 p.m. President
Timothy Rouse presided with eight (8) members present.
10
REGULAR MEETING MAY 27, 2008
BILLS – THIRD READING
BILL NO. 20-08 AN ORDINANCE 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
This bill had third reading. Councilmember Puzzello made a motion to amend this bill as
it was in the Committee of the Whole. Councilmember Dieter seconded the motion
which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello
made a motion that this amended bill be defeated. Councilmember Dieter seconded the
motion. The bill was defeated by a roll call vote of eight (8) ayes.
ORDINANCE NO. 9838-08 AN ORDINANCE TO VACATE THE
FOLLOWING DESCRIBED PROPERTY:
THE ALLEY TO BE VACATED IS THE
EAST/WEST ALLEY NORTH OF LASALLE
AVENUE FROM NOTRE DAME AVENUE
EAST ALONG THE NORTH LOT LINES OF
LOTS 7, 8 AND 9 OF DUNN’S SUBDIVISION
FOR A DISTANCE OF 116 FEET AND A WIDTH
OF 10 FEET BEING A PART OF THE CITY OF
SOUTH BEND, PORTAGE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA
This bill had third reading. Councilmember Dieter made a motion to amend this bill as it
was in the Committee of the Whole. Councilmember LaFountain seconded the motion
which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Dieter
made a motion to pass this bill as amended. Councilmember Puzzello seconded the
motion which carried. The bill passed by a roll call vote of eight (8) ayes.
ORDINANCE NO. 9839-08 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $1,000,000.00 OF INDIANA
COMMUNITY REVITALIZATION
ENHANCEMENT DISTRICT INCREMENT
FUNDS WITHIN THE INDUSTRIAL
DEVELOPMENT FUND, FUND 434, FOR THE
PURPOSE OF DEVELOPMENT AND
REDEVELOPMENT WITHIN THE CITY
OF SOUTH BEND STUDEBAKER/OLIVER
COMMUNITY REVITALIZATION
ENHANCEMENT DISTRICT
This bill had third reading. Councilmember Dieter made a motion to pass this bill.
Councilmember Puzzello seconded the motion which carried. The bill passed by a roll
call vote of eight (8) ayes.
11
REGULAR MEETING MAY 27, 2008
ORDINANCE NO. 9840-08 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
APPROPRIATING $178,320 WITHIN FUND 212
FROM THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT SHELTER PLUS
CARE GRANT PROGRAM
This bill had third reading. Councilmember Dieter made a motion to pass this bill.
Councilmember Varner seconded the motion which carried. The bill passed by a roll call
vote of eight (8) ayes.
ORDINANCE NO. 9841-08 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA TO
APPROPRIATE FUNDS FROM VARIOUS
ACCOUNTS: $2,000,000 FROM UDAG FUND
(#410); $110,000 FROM EDIT FUND (#408);
AND $105,000 FROM EMERGENCY MEDICAL
SERVICES FUND (#288) FOR VARIOUS COSTS
This bill had third reading. Councilmember Dieter made a motion to pass this bill.
Councilmember Puzzello seconded the motion which carried. The bill passed by a roll
call vote of eight (8) ayes.
ORDINANCE NO. 9842-08 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA TO
APPROPRIATE $2,000,000 FROM LOCAL
ROADS AND STREET FUND (#251) FOR
IMPROVEMENTS AT THE
IRONWOOD/MCKINLEY INTERSECTION
This bill had third reading. Councilmember Dieter made a motion to pass this bill.
Councilmember LaFountain seconded the motion which carried. The bill passed by a roll
call vote of eight (8) ayes.
RESOLUTIONS
RESOLUTION NO. 3866-08 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY KNOWN AS
701 SOUTH GRANT STREET AND 601
COTTAGE GROVE AVENUE AS
RESIDENTIALLY DISTRESSED AREAS
FOR PURPOSES OF A (5) FIVE-YEAR
RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR HABITAT FOR HUMANITY
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
requesting that the areas commonly known as 701 South Grant Street and 601 Cottage
Grove Avenue, South Bend, Indiana, and which are more particularly described as
follows:
12
REGULAR MEETING MAY 27, 2008
th
Lot 62 & N ½ Lot 61 Gorsuchs 4 Add. and Lot 28 & No. ½ Vac Alley
South & Adj. Cushing & Lindsey
and these properties have Tax Key Numbers 18-4007-0236, and 18-1068-2914,be
designated as Residentially Distressed Areas 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
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for a residentially
distressed area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the petition for real
property tax abatement and the Statement of Benefits form meet the requirements of
Indiana Code 6-1.1-12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one
of the following conditions as formally established in Ordinance No. 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.
13
REGULAR MEETING MAY 27, 2008
E. The deduction will not be allowed unless the dwelling is rehabilitated to
meet local code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is
completed within five (5) calendar years from the date of the adoption of
this Resolution by the Common Council.
SECTION IV. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as a Residentially Distressed Area for the purposes
of tax abatement. Such designation is for Real property tax abatement only and is limited
to five (5) calendar years from the date of adoption of the Declaratory Resolution by the
Common Council.
SECTION V. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for a period of five (5) years, and
further determines that the petition complies with Chapter 2, Article 6, of the Municipal
Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq.
SECTION VI. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/Timothy A. Rouse
Member of the Common Council
Mr. David Hatch, Executive Director, Habitat for Humanity, 402 E. South St., South
Bend, Indiana, made the presentation for this bill.
Mr. Hatch advised that Habitat for Humanity plans to build two, new ,single-family
residences. The new houses will have 1120 to 1360 square feet, 3 bedrooms and one
bathroom. The house on Grant Street will have a four foot crawl space and the one on
Cottage Grove will have a full basement and a second story. The price of each of the
homes will be $73,000. Mr. Hatch stated that these homes will be offered to qualified,
low-income families using a no-interest loan and mortgage.
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.
RESOLUTION NO. 3867-08 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 1433
NORTHSIDE BOULEVARD AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF
A TWO-YEAR (2) REAL PROPERTY TAX
ABATEMENT FOR RIVER ROCK,
INCORPORATED
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
1433 Northside Boulevard, South Bend, Indiana, and which is more particularly
described as follows:
14
REGULAR MEETING MAY 27, 2008
Parcel I: LOT 113 & S ½ VAC ALLEY N & ADJ EUCLID PARK
ADDN;
Parcel II: 18T 114 & S ½ VAC ALLEY N & ADJ EUCLID PARK
ADDN;
Parcel III: LOT 112 & N ½ ALLEY S & ADJ EUCLID PARK ADDN;
Parcel IV: LOT 110 EUCLID PARK ADD LOT 111; and
Parcel V: LOT 109 & ½ VAC ALLEY N & ADJ EUCLID PARK
and which has Key Numbers 18-6026-0707; 18-6026-0708; 18-6026-0706; 18-6026-
0704; and 18-6026-0703, as an Economic Revitalization Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public
hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5;
and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as an Economic Revitalization Area for the
purposes of tax abatement. Such designation is for Real property tax abatement only and
is limited to two (2) calendar years from the date of adoption of the Declaratory
Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the annual amount for
which similar buildings in the county were leased or rented or offered for lease or rent
during the period the eligible vacant building was unoccupied is approximately in the
amount of $70,616.
SECTION III. The Common Council hereby determines that the property owner is
two (2)
qualified for and is granted Real property tax deduction for a period of 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 IV. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the Mayor.
s/Timothy A. Rouse
Member of the Common Council
Mr. David Morgan, Force 5 Media, Inc., d/b/a River Rock, Inc. (Real Estate Holding
Company), 115 N. William, Suite 300, South Bend, Indiana, made the presentation for
this bill.
Mr. Morgan advised that River Rock, Incorporated recently acquired the building located
at 1433 Northside Boulevard that was formally owned and occupied by the LaSalle
Council of the Boy Scouts of America. Force 5 Media is proposing to occupy it. River
Rock is the real estate holding company for Force 5. Force 5 is an advertising and
marketing company currently located in leased space in South Bend. Its operations
15
REGULAR MEETING MAY 27, 2008
include: the design and creation of web sites; video and audio production for broadcast;
design and production for magazine ads, billboards, brochures, etc; and strategic
marketing planning. Proposed renovations, as part of the move-in, include replacement
of the roof, electrical enhancements, improved computer line infrastructure, new ceilings
and flooring and exterior repair and painting. The building is one story and contains
5,432 square feet of space.
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.
BILL NO. 08-53 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 1401
SOUTH MAIN STREET AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF
A FIVE (5) YEAR REAL PROPERTY TAX
ST
ABATEMENT FOR 1 SOURCE LAND TRUST
#13 (ROBERT F. JAGGER) D/B/A OLD FORT
BUILDING SUPPLY OF SOUTH BEND, INC.
Councilmember Puzzello made a motion to continue this bill until the July 14, 2008
meeting of the Council at the request of the Petitioner. Councilmember Dieter seconded
the motion which carried by a voice vote of eight (8) ayes.
BILL NO. 08-47 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS THE
VILLAS AT LAKE BLACKTHORN – SECTION
I, A CERTAIN 51 LOTS LOCATED ON
APPROXIMATELY 56 ACRES NORTH OF
BRICK ROAD, AND WEST OF AND
ADJACENT TO THE U.S. 31 BYPASS AS
RESIDENTIALLY DISTRESSED AREAS FOR
PURPOSES OF A (5) FIVE-YEAR
RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR COOREMAN REAL
ESTATE GROUP, INC.
BILL NO. 08-48 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS THE
VILLAS AT LAKE BLACKTHORN SECTION II,
LOCATED ON APPROXIMATELY 2.7 ACRES
NORTH OF BRICK ROAD, EAST OF ORANGE
ROAD AND WEST OF THE U.S. 31 BYPASS AS
RESIDENTIALLY DISTRESSED AREAS FOR
PURPOSES OF A FIVE (5) YEAR
RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR THE SOUTH BEND
16
REGULAR MEETING MAY 27, 2008
REDEVELOPMENT COMMISSION FOR THE
BENEFIT OF: COOREMAN REAL ESTATE
GROUP, INC.
Councilmember Varner made a motion to combine these bills for purposes of Public
Hearing. Councilmember Dieter seconded the motion which carried by a voice vote of
eight (8) ayes.
RESOLUTION NO. 3868-08 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS THE
VILLAS AT LAKE BLACKTHORN – SECTION
I, A CERTAIN 51 LOTS LOCATED ON
APPROXIMATELY 56 ACRES NORTH OF
BRICK ROAD, AND WEST OF AND
ADJACENT TO THE U.S. 31 BYPASS AS
RESIDENTIALLY DISTRESSED AREAS FOR
PURPOSES OF A (5) FIVE-YEAR
RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR COOREMAN REAL
ESTATE GROUP, INC.
WHEREAS, the Common Council of the City of South Bend, Indiana, has
adopted a Declaratory Resolution designating certain areas within the City as
Residentially Distressed Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as A
CERTAIN 51 LOTS AS LISTED IN EXHIBIT A TO THIS RESOLUTION, ALL IN
THE VILLAS AT LAKE BLACKTHORN – SECTION I,South Bend, Indiana, and
which is more particularly described as follows:
LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION ONE
A PART OF THE NORTHWEST, SOUTHWEST, AND SOUTHEAST QUARTERS OF SECTION 18,
TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST.
JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 18,
TOWNSHIP 38 NORTH, RANGE 2 EAST, 5.8 FEET SOUTH OF A 2” IRON MONUMENT WITH A
CAP LABELED “SEC. CORNER”; THENCE SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST,
A DISTANCE OF 1549.41 FEET TO THE WEST RIGHT OF WAY OF U.S. ROUTE 31 AND THE POINT
OF BEGINNING; THENCE ALONG SAID WEST RIGHT OF WAY THE FOLLOWING NINE (9)
COURSES: (1) SOUTH 17 DEGREES 36 MINUTES 51 SECONDS WEST, A DISTANCE OF 85.66
FEET; (2) THENCE SOUTH 25 DEGREES 35 MINUTES 58 SECONDS WEST, A DISTANCE OF 409.65
FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE EAST,
HAVING A RADIUS OF 5950.00 FEET, A CENTRAL ANGLE OF 8 DEGREES 59 MINUTES 58
SECONDS, AND A CHORD OF 933.60 FEET BEARING SOUTH 12 DEGREES 00 MINUTES 23
SECONDS WEST; (3) THENCE SOUTH ALONG SAID RIGHT OF WAY CURVE, A DISTANCE OF
934.56 FEET; (4) THENCE SOUTH 16 DEGREES 02 MINUTES 40 SECONDS WEST, A DISTANCE OF
211.20 FEET; (5) THENCE SOUTH 38 DEGREES 30 MINUTES 20 SECONDS WEST, A DISTANCE OF
481.60 FEET; (6) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF
114.32 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED RECORD BOOK 741,
PAGES 475-477, AS RECORDED IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY,
INDIANA; (7) THENCE SOUTH 35 DEGREES 15 MINUTES 20 SECONDS WEST, A DISTANCE OF
401.95 FEET; (8) THENCE SOUTH 2 DEGREES 36 MINUTES 09 SECONDS WEST, A DISTANCE OF
256.87 FEET; (9) THENCE SOUTH 85 DEGREES 31 MINUTES 45 SECONDS WEST, A DISTANCE OF
199.30 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER
8717366, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE EAST LINE
OF SAID LAND, NORTH 0 DEGREES 15 MINUTES 44 SECONDS EAST, A DISTANCE OF 181.22
FEET; THENCE ALONG THE NORTH LINE OF SAID LAND, NORTH 89 DEGREES 48 MINUTES 51
SECONDS WEST, A DISTANCE OF 323.58 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20
SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51
SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20
SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51
SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20
SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51
SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20
SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51
SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20
17
REGULAR MEETING MAY 27, 2008
SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT “A” AS
DEPICTED IN THE REPLAT OF RIGHTER’S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED
IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE OFFICE OF SAID RECORDER;
THENCE ALONG THE SOUTH LINE OF SAID LOT “A”, NORTH 89 DEGREES 50 MINUTES 13
SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE ALONG THE EAST LINE OF SAID LOT
“A”, NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 251.56 FEET TO THE
POINT OF CURVATURE OF A NON-TANGENT CURVE, BEING THE CENTERLINE OF ORANGE
ROAD, CONCAVE TO THE NORTH, HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF
19 DEGREES 18 MINUTES 44 SECONDS, AND A CHORD OF 112.38 FEET BEARING NORTH 67
DEGREES 34 MINUTES 35 SECONDS EAST; THENCE EAST ALONG SAID CENTERLINE CURVE,
A DISTANCE OF 112.92 FEET; THENCE SOUTH 0 DEGREES 11 MINUTES 04 SECONDS EAST, A
DISTANCE OF 70.83 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF BOGUE’S MAJOR
SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8932797, AS RECORDED IN THE OFFICE
OF SAID RECORDER AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT
NUMBER 9331954, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE
BOUNDARY OF SAID LAND THE NEXT THREE (3) COURSES; (1) SOUTH 26 DEGREES 45
MINUTES 04 SECONDS EAST, A DISTANCE OF 66.96 FEET; (2) THENCE NORTH 89 DEGREES 49
MINUTES 49 SECONDS EAST, A DISTANCE OF 556.25 FEET; (3) THENCE NORTH 0 DEGREES 45
MINUTES 39 SECONDS EAST, A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF THE SOUTH
HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE ALONG SAID NORTH
LINE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 729.56 FEET TO
THE POINT OF BEGINNING. EXCEPTING THAT PORTION WHICH INCLUDES LOTS 1 THROUGH
5 INCLUSIVE, OF THE VILLAS AT LAKE BLACKTHORN SECTION ONE, AS SHOWN ON THE
FINAL PLAT, RECORDED APRIL 21, 2003, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH
COUNTY, AS INSTRUMENT #0323151.
SAID DESCRIBED TRACT CONTAINING 56.25 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS, AND RIGHT OF WAY OF RECORD.
,
and this property which has Tax Key Numbers as listed in Exhibit A to this Resolution
be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-
1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and;
WHEREAS, notice of the adoption of a Declaratory Resolution and the public
hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5;
and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrance’s and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for a residentially
distressed area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the petition for real
property tax abatement and the Statement of Benefits form meet the requirements of
Indiana Code 6-1.1-12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one
of the following conditions as formally established in Ordinance No. 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
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REGULAR MEETING MAY 27, 2008
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 commencing from November 12,
2008, or the date of the adoption of this Resolution by the Common Council
whichever date is later.
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 commencing from November 12, 2008, or the date of the
adoption of the Declaratory Resolution by the Common Council whichever date is later.
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
RESOLUTION NO. 3869-08 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS THE
VILLAS AT LAKE BLACKTHORN SECTION II,
LOCATED ON APPROXIMATELY 2.7 ACRES
NORTH OF BRICK ROAD, EAST OF ORANGE
ROAD AND WEST OF THE U.S. 31 BYPASS AS
RESIDENTIALLY DISTRESSED AREAS FOR
PURPOSES OF A FIVE (5) YEAR
RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR THE SOUTH BEND
REDEVELOPMENT COMMISSION FOR THE
BENEFIT OF: COOREMAN REAL ESTATE
GROUP, INC.
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REGULAR MEETING MAY 27, 2008
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 6735
BLACKTHORN HARBOR DRIVE, 6747 BLACKTHORN HARBOR DRIVE (OR
4808 ORANGE ROAD), 4736 ORANGE ROAD (OR 6740 BLACKTHORN HARBOR
DRIVE) AND 6716 BLACKTHORN HARBOR DRIVE (OR 4739 PORTSIDE DRIVE)
ALL IN THE VILLAS AT LAKE BLACKTHORN – SECTION II, South Bend, Indiana,
and which is more particularly described as follows:
LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION TWO
PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH,
RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST
QUARTER, SAID POINT BEING MARKED BY A 1 1/2” DIAMETER ROD;
THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, ALONG THE
SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1490.78 FEET
TO A POINT LYING NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A
DISTANCE OF 3467.01 FEET FROM A 1” DIAMETER ROD, 0.3 FEET BELOW
,
GRADEMARKING THE SOUTHEAST CORNER OF SAID SECTION; THENCE
NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 1200.00
FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0
DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 296.75 FEET;
THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL
WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF
387.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A
DISTANCE OF 3.26 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51
SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST
QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03
MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH
89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH
LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE
NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 300.00
FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST,
PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A
DISTANCE OF 41.02 FEET TO THE WESTERLY RIGHT OF WAY OF PORTSIDE
DRIVE AND A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE
SOUTHEAST, HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 34
DEGREES 42 MINUTES AND 00 SECONDS, AND A CHORD OF 134.19 FEET
BEARING SOUTH 17 DEGREES 17 MINUTES 40 SECONDS WEST; THENCE
SOUTHWESTERLY ALONG SAID WESTERLY RIGHT OF WAY CURVE, A
DISTANCE OF 136.27 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 20
SECONDS EAST, A DISTANCE OF 571.74 FEET; THENCE NORTH 89 DEGREES
48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID
SOUTHWEST QUARTER, A DISTANCE OF 388.00 FEET TO THE POINT OF
BEGINNING; SAID DESCRIBED TRACT CONTAINING 2.7 ACRES, MORE OR
LESS.
SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RIGHT OF WAY OF
RECORD.
and this property which has Tax Key Numbers 25-1010-017403, 25-1010-017428, 25-
1010-017429 and 25-1010-017728,be designated as a Residentially Distressed Area
under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code
Sections 2-76 et seq., and;
WHEREAS, notice of the adoption of a Declaratory Resolution and the public
hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5;
20
REGULAR MEETING MAY 27, 2008
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
completed within five (5) calendar years commencing from July 28, 2008,
or the date of the adoption of this Resolution by the Common Council
whichever date is later.
SECTION IV. The Common Council hereby confirms its Declaratory Resolution
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REGULAR MEETING MAY 27, 2008
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 commencing from July 28, 2008, or the date of the adoption of
this Resolution by the Common Council whichever date is later.
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
Councilmember Dieter disclosed that he owns real estate in the Villas at Lake Blackthorn
and after discussion with Council Attorney Kathleen Cekanski-Farrand it has been
determined that there is no conflict of interest in this matter.
Donna Chamblee, Vice-President, Operations, Cooreman Real Estate Group, Inc., 4407
Technology Drive, South Bend, Indiana, made the presentation for these bills.
Ms. Chamblee advised that Section I of the subject subdivision was granted five-year
residential real property tax abatement on December 9, 2002, through Common Council
Resolution number 3138-02. The Redevelopment Commission also approved the tax
abatement petition through Resolution Number 1917 on November 1, 2002. The
Common Council’s resolution confirmed its earlier declaratory resolution designating
Section I as a Residentially Distressed Area (RDA) and that designation was limited to
five calendar years from the date of the passage of the declaratory resolution, which was
November 12, 2002. Ms. Chamblee stated that economic market factors, including the
tightening of the credit market and the decline of real estate property values, have
compounded the impact of the higher than comparable city taxes in this subdivision.
Additionally, the majority of the unsold property in this neighborhood is located adjacent
to the US 31 Bypass – a negative that has proven to be an immitigable factor in the slow
growth of sales.
A Public Hearing was held on these 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 Dieter made a motion to adopt Bill No. 08-47. Councilmember Puzzello
seconded the motion which carried and the Resolution was adopted by a roll call vote of
seven (7) ayes and one (1) nay (Councilmember Henry Davis)
Councilmember Dieter made a motion to adopt Bill No. 08-48. Councilmember Puzzello
seconded the motion which carried and the Resolution was adopted by a roll call vote of
seven (7) ayes and one (1) nay (Councilmember Henry Davis)
BILLS – FIRST READING
BILL NO. 33-08 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF SOUTH BEND,
INDIANA AMENDING CHAPTER 2, ARTICLE 5
OF THE SOUTH BEND MUNICIPAL CODE
FOR PRE-APPROVED PAYMENT OF CLAIMS
This bill had first reading. Councilmember Varner made a motion to refer this bill to the
Personnel and Finance Committee and set it for Public Hearing on and Third Reading on
22
REGULAR MEETING MAY 27, 2008
June 23, 2008. Councilmember Puzzello seconded the motion which carried by a voice
vote of eight (8) ayes.
BILL NO. 34-08 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA APPROPRIATING $40,000.00
OF GRANT FUNDS FROM THE UNITED
STATES ENVIRONMENTAL PROTECTION
AGENCY AND $6,000.00 FROM THE INDIANA
FINANCE AUTHORITY FEDERAL MATCHING
GRANT INCENTIVE PROGRAM WITHIN
FUND 209 FOR THE PURPOSE OF
CONDUCTING BROWNFIELD SITE
ASSESSMENT ACTIVITIES IN THE CITY OF
SOUTH BEND
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Community and Economic Development Committee and set it for Public Hearing and
Third Reading on June 9, 2008. Councilmember Dieter seconded the motion which
carried by a voice vote of eight (8) ayes.
BILL NO. 35-08 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA APPROVING MONTHLY
PARKING RATES FOR PARKING GARAGES
OPERATED BY THE BOARD OF PUBLIC
WORKS OF THE CITY OF SOUTH BEND,
INDIANA
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Personnel and Finance Committee and set it for Public Hearing and Third Reading on
June 9, 2008. Councilmember Dieter seconded the motion which carried by a voice vote
of eight (8) ayes.
BILL NO. 36-08 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA AUTHORIZING THE MAYOR
AND/OR CONTROLLER OF THE CITY OF
SOUTH BEND, INDIANA, TO MAKE
TEMPORARY LOANS TO MEET CURRENT
OPERATING EXPENSES OF VARIOUS FUNDS
OF THE CITY IN ANTICIPATION OF AND NOT
IN EXCESS OF CURRENT TAXES LEVIED IN
THE YEAR 2007, AND COLLECTABLE IN THE
YEAR 2008 AUTHORIZING THE ISSUANCE OF
TEMPORARY LOAN TAX ANTICIPATION
TIME WARRANTS TO EVIDENCE SUCH
LOANS AND THE SALE OF SUCH
WARRANTS AND APPROPRIATING AND
PLEDGING THE TAXES TO BE RECEIVED IN
SUCH FUNDS TO THE PAYMENT OF SUCH
WARRANTS INCLUDING THE INTEREST
THEREON
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Personnel and Finance Committee and set it for Public Hearing and Third Reading on
23
REGULAR MEETING MAY 27, 2008
June 9, 2008. Councilmember Dieter seconded the motion which carried by a voice vote
of eight (8) ayes.
BILL NO. 37-08 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA APPROVING A SECOND
ADDENDUM TO LEASE FOR CERTAIN
ADDITIONAL PUBLIC IMPROVEMENTS
BETWEEN THE SOUTH BEND
REDEVELOPMENT AUTHORITY AND THE
SOUTH BEND REDEVELOPMENT
COMMISSION
This bill had first reading. Councilmember Varner made a motion to refer this bill to the
Community and Economic Development Committee and set for Public Hearing and
Third Reading on June 9, 2008, subject to the information requested by the Council being
submitted to the Office of the City Clerk prior to the public hearing. Councilmember
Dieter seconded the motion which carried by a voice vote of eight (8) ayes.
UNFINISHED BUSINESS
REPORTS FROM BOARD OF ZONING APPEALS
BILL NO. 08-49 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE SOUTH
BEND BOARD OF ZONING APPEALS FOR
THE PROPERTY LOCATED SOUTH OF 60150
IRONWOOD DRIVE, SOUTH BEND, INDIANA
46614
BILL NO. 08-50 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE SOUTH
BEND BOARD OF ZONING APPEALS FOR
THE PROPERTY LOCATED AT 1101 SOUTH
MICHIGAN STREET (SOUTHWEST CORNER
OF GARST AND SOUTH MICHIGAN STREETS)
SOUTH BEND, IN 46601
BILL NO. 08-51 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE SOUTH
BEND BOARD OF ZONING APPEALS FOR
THE PROPERTY LOCATED AT 121 GARST
STREET SOUTH BEND, IN 46601
BILL NO. 08-52 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE SOUTH
BEND BOARD OF ZONING APPEALS FOR
THE PROPERTY LOCATED AT (900 BLOCK
OF OLIVER PLOW COURT, SOUTH BEND,
INDIANA)
Councilmember Varner made a motion to refer Bill Nos. 08-49; 08-50; 08-51; and 08-52
to the Zoning and Annexation Committee and set them for Public Hearing and Third
24
REGULAR MEETING MAY 27, 2008
Reading on June 9, 2008. Councilmember Puzzello seconded the motion which carried
by a voice vote of eight (8) ayes.
REPORTS FROM AREA PLAN COMMISSION
BILL NO. 18-08 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 PROPERTY LOCATED IN GERMAN
TOWNSHIP CONTIGUOUS THEREWITH;
COUNCILMANIC DISTRICT ONE, WILLIAM A.
GEYER, 52610 PORTAGE RD, SOUTH BEND,
INDIANA
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 June 23, 2008 and Third
Reading on July 14, 2008. Councilmember Dieter seconded the motion which carried by
a voice vote of eight (8) ayes.
NEW BUSINESS
Councilmember Varner advised that he attended the Redevelopment Commission and
that the $1 million dollar façade project for WNIT comes from resources allocated in the
Downtown TIF District. He further noted that those funds can only be allocated for
certain projects like the façade project and not for salaries.
Councilmember Henry Davis stated that he is a member of the LaSalle Square Shopping
Center Steering Committee Meeting and attended a meeting last week. He stated that
they will be hearing opinions from a Chicago based firm on the complex and be moving
forward on the development of LaSalle Square.
PRIVILEGE OF THE FLOOR
COMMENTS FROM MR. JERRY NIEZGODSKI CONCERNING THE 2009 BUDGET
Mr. Jerry Niezgodski, 2930 Bonds, South Bend, Indiana, stated that budget time is
coming up and it was nice to see that the City Controller urged the various department
heads to present two budgets. One with the dooms day scenario with House Bill 1001
and its impact and then a more status quo budget as if 1001 wasn’t an issue. He urged the
City Council’s newest members to do a little more research than has been done in the
past. He asked the members of the Council to do a cursory look at other cities in Indiana
such as Indianapolis, Mishawaka, Ft. Wayne, Evansville, to find based on population per
1,000, that South Bend has the most full time employees. During the entire budget
process, Mayor Rhea and Mayor Luecke both were together in agreement that House Bill
1001 had dire consequences. Mayor Luecke reported repeatedly in various
announcements that they were done cutting fat, that bone and muscle were next to be cut.
He stated that if you look at the numbers, you will find that the City of Indianapolis, has
based on per thousand residents a little over six full time employees. Ft. Wayne has six
plus full-time employees. The closest City to South Bend in numbers is Mishawaka; they
have a little over seven full-time employees per thousand residents. South Bend has
twelve full-time employees. So when you strap late the numbers and take Mishawaka as
the closest example to South Bend, we should have approximately 700 – 750 full time
employees. But the City has over 1,200 employees. Mr. Niezgodski questioned why all
the other cities have fewer employees and seem to be getting things done much more
effectively and efficiently. The City needs to review how the various departments are
doing their jobs and decide whether or not they are doing the job effectively and
25
REGULAR MEETING MAY 27, 2008
efficiently. Mr. Niezgodski questioned whether the city has really looked at each
department to see where things can be cut. He stated that the disparity in numbers of
employees per residents is really strong. He urged the Council to seriously take a look at
this part of the budget. Mr. Niezgodski volunteered to sit down with the Council and
share his information, he stated that it is nowhere scientific, but he has made calls to
various cities to find out how many people work in each department and their functions.
He noted that public safety is a whole different aspect and really is a given. He stated
that you have to have police and fire. He noted that he saw a real difference when
looking at all the administrative positions that the City has. Mr. Niezgodski stated that
his second topic of concern is that the City still has an interim Economic Development
Director for over a year now. He questioned when the City is going to have a full time
Economic Development Director who does not get paycheck from the City and another
source. Mr. Niezgodski stated that to the best of his knowledge Mr. Gibney still receives
a paycheck from the South Bend Heritage Foundation. He understands that he filed the
proper papers for the conflict of interest. But finds it very interesting that when Mr.
Gibney became the interim Economic Development Director there have been programs
devised for the abandoned and vacant houses in South Bend and South Bend Heritage has
been a beneficiary of a lot of the money in those programs. Mr. Niezgodski stated that the
City needs a full-time Economic Development Director and if Mr. Gibney is the person
for the job who be it. Then Mr. Gibney needs to choose either South Bend Heritage or
the City of South Bend, not both. Otherwise, the City of South Bend needs a full time
Economic Development Director. He stated that if the City does not have enough money
to attract the talent that is needed to fill this position, then cut a position somewhere in the
City, and put that money toward the Economic Development Director and attract
someone more worthy or has the skill set that is needed. With the development going on
at Notre Dame, and South Bend is just now getting on board, were a Johnny come lately,
in this new technology park. Other cities have been on board with their technology parks
and South Bend needs to be going forward with this development and quickly. The
Economic Development Director should have the skill set that knows, business, trade,
globally, nationally and internationally. He stated that if Mr. Gibney has those skill sets
then good, retain him, but he should work for the City of South Bend only. He stated that
he knows that the Mayor appoints the position, but he urged the Council to put pressure
on the Mayor to make this very important position one that is held by a person with two
masters.
COMMENTS FROM MR. RICHARD CHAMLISS REGARDING VACANT
HOUSING
Mr. Richard Chamliss, 1243 Van Buren, South Bend, Indiana, stated that the homes
around his neighborhood are in dire need of repair. He asked the Council for their help in
finding out what can be done to get them fixed up.
Council President Timothy Rouse stated that this topic would be assigned to
nd
Councilmember Henry Davis, 2 District.
Ms. Evie Barton, 903 Sherman Avenue, South Bend, Indiana, stated that she has an
update on the property next door to her. She has good news and bad news, the good news
is that Code Enforcement came and picked up those two large piles of debris in the
backyard. She stated that she happened to be home and spoke with the workers about
removing the large tree limb from her fence. They told her that they don’t have the
equipment to handle that kind of work. She stated that she called Katrina the Code
Inspector for her area, and Katrina called the City Forrester. She stated that he did come
by; he marked two trees, the dead one that is projecting about twenty feet over her fence
and another one that has fallen on top of the dead one. The Forrester stated that he would
have to send out letters to the property owner and then wait thirty days and if nothing is
done, it would go on the list to be removed. Ms. Barton stated that he was very honest
and said that he doubts that he would ever get to it. She asked if he could bump it up on
the list because she has been calling Code Enforcement for over a year to no avail. She
stated that the Forrester stated that with budget cuts expected for the next year, that he
doubts very much that he would ever be able to get to it. Ms. Barton stated that everyone
has been very helpful. Katrina has been very helpful and the Forrester has been very
helpful, and she understands that they are doing everything they possibly can. Ms.
Barton asked the Council for suggestions on what to do next.
26
REGULAR MEETING MAY 27, 2008
Council President Rouse stated that this topic would be assigned to Councilmember
st
Derek Dieter, 1 District.
ADJOURNMENT
There being no further business to come before the President Timothy Rouse adjourned
the meeting at 9:05 p.m.
ATTEST: ATTEST:
____________________________ ____________________________
John Voorde, City Clerk Timothy Rouse, President
27