HomeMy WebLinkAbout08-23-04 Council Meeting Minutes REGULAR MEETING AUGUST 23, 2004
Be it remembered that the Common Council of the City of South Bend, Indiana met in
the Council Chambers of the County-City Building on Monday, August 23, 2004, at 7:00
p.m. The meeting was called to order by Vice-President Roland Kelly and the Invocation
and Pledge to the Flag were given.
ROLL CALL
COUNCILMEMBERS:
Present: Derek Dieter 1st District
Roland Kelly 3rd District Vice-President
Ann Puzzello 4th District
David Varner 5th District
Ervin Kuspa 6th District
Sean Coleman At-Large Chairperson, Committee of the Whole
Al "Buddy" Kirsits At-Large
Absent: Charlotte Pfeifer 2nd District
Karen L. White At-Large President
OTHERS PRESENT:
Kathleen Cekanski-Farrand, Council Attorney
John Voorde City Clerk
Mary Beth Wisniewski Chief Deputy City Clerk
Janice I. Talboom Deputy City Clerk
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 August 9, 2004 meetings of the Council and found them to be correct.
Therefore, we recommend the same be approved.
Members of the Sub-Committee on Minutes
s/David Varner
Councilmember Coleman made a motion that the minutes of the August 9, 2004, meeting
of the Council be accepted and placed on file. Councilmember Varner seconded the
motion which carried by a voice vote of seven (7) ayes.
SPECIAL BUSINESS
COUNCIL DISTRICT UPDATES —3RD DISTRICT COUNCILMEMBER ROLAND
KELLY
Councilmember Roland Kelly, 3`d District Councilmember gave an update on activity in
the 3rd District. Councilmember Kelly stated that there are many positive things
happening in the 3rd District. John Adams High School has been undergoing an extensive
remodel and expansion, when finished it will truly be an educational gem on the East
Side of South Bend. Indiana University South Bend is expanded its campus with a
walking bridge across the St. Joseph River to connect with dormitories that will be built
in the distant future. The cooperation of neighborhood organizations with the City has
been exemplary and has led to major improvements in those neighborhoods. Street Scape
work along Mishawaka Avenue has been outstanding. The River Park Business
Association and the River Park Neighborhood Organization have worked with the City's
Economic Development Department to make those improvements. The Potawatomi Zoo
keeps improving and was recently named one of the twenty (20) best zoos of its size in
the Country. The Southgate Way Improvement Association has done yeoman work in
recent years to improve the southern entrance to the City. With money provided by the
City, they have improved curbs and sidewalks, have purchased some properties, and
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REGULAR MEETING AUGUST 23,2004
scheduled them for demolition. Along Michigan Street, there will be the New Central
Fire Station to join along with the New Ivy Tech State College and the Juvenile Justice
Center. Further east is the Boys and Girls Club and the new YWCA. Another hard
working neighborhood group is the Miami Village Association. The improvements along
the Miami Street Corridor are a tribute to their efforts. The construction of new and
affordable homes in the southeast neighborhood has been moving a pace. Many new
homes have been constructed and to compliment that project a water park has completed
by the City and provides a wonderful recreational facility for families and children in the
southeast area. Much has been accomplished but much more needs to be done.
However, with the joint effort provided by neighborhood groups and the City we will
continue to make major strides forward in the 3rd District of South Bend.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:05 p.m., Councilmember Coleman made a motion to resolve into the Committee of
the Whole. Councilmember Varner seconded the motion which carried by a voice vote
of seven (7) ayes. Councilmember Coleman, Chairperson, Committee of the Whole,
presiding.
Councilmember Coleman noted that this is the portion of the meeting in which members
of the council meet as the Committee of the Whole in order to hear presentations and
public comment on bills that are presented for ordinance consideration. Each bill that
will be heard tonight will have a Public Hearing and after the hearing on each bill, the
committee will vote on the disposition of the bill, which typically is sent to the full
Council with either a favorable or an unfavorable recommendation. He noted that the
South Bend Municipal code requires that the Chairperson describes the procedure for the
hearings. The Committee operates in accord with the Council Rules and Procedures and
Roberts Rules of Order and Council Attorney Kathleen Cekanski-Farrand who serves as
the Parliamentarian. The procedure for the Public Hearing for each bill is conducted as
follows:
1. The title of the bill is read by the City Clerk.
2. Reports are presented from the pertinent Common Council Committee and/or the
Area Plan Commission.
3. A formal presentation in favor of the bill which is not subject to a time limit is
heard.
4. Comments are heard from members of the public who wish to speak in favor of
the bill. Each such member is limited to five (5) minutes for his/her presentation
and must begin by stating his/her name and residential address.
5. Any formal presentation against the bill or Resolution which is not subject to a
time limitation is heard.
6. Comments are heard from any members of the public wishing to speak against the
bill. Each member of the public speaking against the bill is limited to five (5)
minutes for his/her presentation and must also begin by stating his/her name and
residential address. With respect to those individuals speaking against, the total
time for comments by members of the public speaking against the bill is the
amount of time that was used by those speaking in favor of the bill or thirty (30)
minutes whichever is greater.
7. A five (5) minute rebuttal period is allowed for the persons who gave the formal
presentation in favor of the bill after which the public portion of the hearing is
closed.
8. Finally, the Council portion of the hearing takes place in which members will
discuss the bill and vote on its disposition
PUBLIC HEARINGS
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REGULAR MEETING AUGUST 23, 2004
BILL NO. 32-03 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING VARIOUS
SECTIONS OF CHAPTER 2, ARTICLE 7 OF
THE SOUTH BEND MUNICIPAL CODE
ADDRESSING BUDGET, SALARY,
PURCHASING, APPROPRIATIONS AND
FINANCIAL REPORTING PROCEDURES
Councilmember made a motion to continue this bill until the September 27, 2004
meeting. Councilmember Puzzello seconded the motion which carried by a voice vote of
seven (7) ayes.
BILL NO. 48-04 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AUTHORIZING
THE CITY OF SOUTH BEND, INDIANA,
TO ISSUE ITS "TAXABLE ECONOMIC
DEVELOPMENT REVENUE BONDS,
SERIES 2004 (ERSKINE COMMONS
PROJECT)" AND APPROVING AND
AUTHORIZING OTHER ACTIONS IN
RESPECT THERETO
Councilmember Kelly made a motion to hear the substitute version of this bill.
Councilmember Puzzello seconded the motion which carried by a voice vote of seven (7)
ayes.
Councilmember Kelly, Chairperson, Community and Economic Development
Committee, reported that this committee met on this bill this afternoon and voted to send
it to the full Council with a favorable recommendation.
Mr. Shawn Peterson, Baker&Daniels, 205 W. Jefferson Blvd. Suite 250, South Bend,
Indiana, residence 1470 Hampshire Dr., South Bend, Indiana made the presentation for
this bill.
Mr. Peterson advised that this is a substitute ordinance for consideration. Mr. Peterson
stated that the only substantive change from the originally filed ordinance is that the
borrower will be Anchor South Bend, LLC, an entity related to Anchor Acquisitions,
Ltd., for the purpose of constructing and developing the improvements described in the
substitute ordinance. This ordinance continues to provide that the principal amount of the
bonds will not exceed$3.8 million and the interest rate may not exceed 8.0%, and that
the City will bear no responsibility, financial or otherwise, with respect to the payment of
the principal of and interest on the bonds or any other expenses associated with the bond
issuance. The term of the bonds shall not exceed twenty-five (25) years. The proposed
financing and the form of the financing documents approved by the Commission are on
file in the Office of the City Clerk.
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 Kelly made a motion for favorable
recommendation to full Council concerning this bill as substituted. Councilmember
Varner seconded the motion which carried by a voice vote of seven (7) ayes.
RISE AND REPORT
Councilmember a made a motion to rise and report to the full Council. Councilmember
Varner seconded the motion which carried by a voice vote of nine (9) ayes.
ATTEST: ATTEST:
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REGULAR MEETING AUGUST 23,2004
ohn Voorde, City Clerk Sean Coleman, 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 7:11 p.m. Vice-
President Roland Kelly presided with seven (7) members present.
BILLS -THIRD READING
ORDINANCE NO. 9524-04 AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AUTHORIZING
THE CITY OF SOUTH BEND, INDIANA,
TO ISSUE ITS "TAXABLE ECONOMIC
DEVELOPMENT REVENUE BONDS,
SERIES 2004 (ERSKINE COMMONS
PROJECT)" AND APPROVING AND
AUTHORIZING OTHER ACTIONS IN
RESPECT THERETO
This bill had third reading. Councilmember Coleman made a motion to consider the
substitute version of this bill. Councilmember Varner seconded the motion which carried
by a voice vote of seven (7) ayes. Additionally, Councilmember Coleman made a motion
to pass this bill as substituted. Councilmember Varner seconded the motion which
carried. The bill passed by a roll call vote of seven (7) ayes.
RESOLUTIONS
RESOLUTION NO. 3367-04 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 211-213
WEST WASHINGTON STREET AS AN
ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A SIX (6) YEAR REAL
PROPERTY TAX ABATEMENT FOR
DILLINGHAM HILL RE, LLC.
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 211-213
West Washington Street, South Bend, Indiana, and which is more particularly
described as follows:
The land and all improvements now or hereafter located thereon, located at the
intersection of Washington Street and Main Street in the City of South Bend, County of
St. Joseph, State of Indiana, being more particularly described as follows:
PARCEL I: Lots Numbered Two Hundred Thirty-Nine (239) and Two Hundred Forty
(240) as shown on the Original Plat of the Town, now City of South Bend, Indiana; Also,
a parcel of land to the West of and adjacent to Lots 239 and 240 as shown on the Original
Plat of the Town, now City of South Bend, Indiana, more particularly described as
beginning at the Southwest corner of said Lot 240; thence North along the West line of
said Lots to the Northwest corner of said Lot 239; thence West 14 feet; thence South to a
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REGULAR MEETING AUGUST 23, 2004
point 14 feet West of the point of beginning; thence East 14 feet to the point of
beginning.
Together with the appurtenant rights and easements in Parcel II and Parcel III (hereinafter
described) granted under the terms of a certain Easement granted by American National
Bank and Trust Company of South Bend, now Valley American Bank and Trust
Company, to Pak Joint Venture, dated November 3, 1970 and recorded November 6,
1970 in Deed Record 732, Pages 299 and 300, as corrected by a correcting affidavit
recorded November 16, 1970 in Deed Record 732, Page 454 (as to Parcel II) and dated
November 11, 1970 and recorded November 16, 1970 in Deed Record 732, Pages 455
and 456 (as to Parcel III), in the Office of the Recorder of St. Joseph County, Indiana,
and granted, expanded and confirmed by Agreement Confirming Easement from V.B.T.
Realty Corp., an Indiana Corporation, to the Main and Washington Joint Venture dated
January 16, 1984 and recorded April 6, 1984 as Document Number 8406169 in the Office
of the Recorder of St. Joseph County, Indiana, and further granted, expanded and
confirmed by Second Confirmation of Easements between Valley American.Bank and
Trust Company and V.B.T. Realy Corp., dated April 6, 1984 and recorded April 6, 1984
as Document Number 8406170 in the Office of the Recorder of St. Joseph County,
Indiana.
EXCEPTING THEREFROM that portion of the easement described as Lot One (1) of the
Valley American Bank Washington Street Minor Subdivision in the City of South Bend,
dated October 10, 1998 and recorded November 20, 1998 as Instrument No. 9860383 in
the Office of the Recorder of St. Joseph County, State of Indiana.
Parcel II and Parcel III are located in the City of South Bend, County of St. Joseph, State
of Indiana, and are more particularly described as follows:
PARCEL II: Beginning at the Southeast corner of Lot Numbered Two Hundred Forty
Three (243) as shown on the Original Plat of the Town, now City of South Bend, Indiana;
thence North, on and along the East line of said Lot 243, 66 feet, more or less, to the
South line of an alley that is 14 feet wide and is known as Columbia Court; thence East,
on and along said South line of said alley, 15 feet to a point; thence South 66 feet, more
or less, to a point on the North line o f Lot 239 in said Original Plat; thence West, on and
along said North line of said Lot 239, 15 feet to the point of beginning.
PARCEL III: Part of Lot Numbered Two Hundred Thirty-Eight (238) as shown on the
original Plat of the Town, now City, of South Bend, Indiana, more particularly described
as follows: Beginning at a point 1.0 feet East of the Southwest corner of said Lot 238;
thence North parallel with the West line of said Lot 238, 12.80 feet; thence East parallel
with the South line of said Lot 238, 7.80 feet; thence South parallel with said West line of
said Lot 238, 7.47 feet; thence East parallel with the South line of said Lot 238, 21.63
feet; thence South parallel with the West line of said Lot 238, 5.33 feet to a point on said
South line of said Lot 238; thence West, on and along said South line of said Lot 238,
29.43 feet to the point of beginning.
PARCEL IV: Lot One (1) of the Valley American Bank Washington Street Minor
Subdivision in the City of South Bend, dated October 19, 1998 and recorded November
20, 1998 as Instrument No. 9860383 in the Records of St. Joseph County, State of
Indiana.
{
and which has Key Number 18-1008-0321 and 18-1012-047701, as an Economic
Revitalization Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrance's and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
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REGULAR MEETING AUGUST 23,2004
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as an Economic Revitalization Area for the
purposes of tax abatement. Such designation is for Real property tax abatement only and
is limited to two (2) calendar years from the date of adoption of the Declaratory
Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for a period of six (6) 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
601.1-12 et seq.
SECTION III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the Mayor.
s/Karen L. White
Member of the Common Council
Mr. James W. Tuesley, Barnes &Thornburg,LLP, 600 1st Source Bank Center, 100
North Michigan, South Bend, Indiana, made the presentation for this bill on behalf of the
petitioner Dillingham Hill RE, LLC.
Mr. Tuesley advised that that the petitioner proposes to rehabilitate the building currently
known as The City Center. Upon completion of this project the building name will be
changed to The Chase Building. The rehabilitation includes remodeling of the lobby area
of the hotel portion of the building, repairing the swimming pool, making improvements
to the office portion of the building and to the parking area and elevators, and repairing
and improving the heating, cooling and other services provided to guests and tenants of
the building. The cost to rehabilitate the building is estimated to be between $1,200,000
and $1,700,000. Mr. Tuesley stated that Mr. Jason Pettinelli,Dillingham Hill RE,LLC,
was in the audience and available to answer any questions.
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 Coleman made a motion to adopt this
Resolution. Councilmember Puzzello seconded the motion which carried and the
Resolution was adopted by a roll call vote of seven (7) ayes.
RESOLUTION NO. 3368-04 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY
KNOWN AS 1813 AND 1817 NORTH
ELMER STREET AS RESIDENTIALLY
DISTRESSED AREAS FOR PURPOSES
OF A FIVE (5) YEAR RESIDENTIAL
REAL PROPERTY TAX ABATEMENT
FOR GARDEN HOMES BY E.L., 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 1813 and
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REGULAR MEETING AUGUST 23, 2004
1817 North Elmer Street, South Bend, Indiana,and which are more particularly described
as follows:
Street Address: Legal Description: Key
Number:
1813 North Elmer Street Lot 439 Marquette Hts 18-2117-4320
1817 North Elmer Street Lot 440 Marquette Hts 18-2117-4316
as a Residentially Distressed Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
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. 8845-97, which was
passed on December 8, 1997:
A. The area is comprised of parcels that are either unimproved or contain only
one (1) or two (2) family dwellings designed for up to four (4) families, including
accessory buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25;
or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as
documented by census information, local building and demolition permits, or
certificates of occupancy, or the areas are owned by Indiana or the United States;
or
G. The area (plus any areas previously designated under this subsection) will
not exceed ten percent (10%) of the total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable
standards for such development.
B. That the estimate of the value of the redevelopment is reasonable for
projects of this nature;
C. That the other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed described
redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction,
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REGULAR MEETING AUGUST 23,2004
all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to
meet local code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is
completed within five (5) calendar years from the date of the adoption of this
Resolution by the Common Council.
SECTION IV. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as a Residentially Distressed Area for the purposes
of tax abatement. Such designation is for Real property tax abatement only and is limited
to five (5) calendar years from the date of adoption of the Declaratory Resolution by the
Common Council.
SECTION V. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for a period of five (5) years, and
further determines that the 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/Karen L. White
Member of the Common Council
Mr. Martin Leda, 17874 State Road 23, South Bend, Indiana, made the presentation for
this bill on behalf of Michael E. Urbanski, the owner of Garden Homes by E.L., Inc.
Mr. Leda advised that they propose to construct a single family home with approximately
1,036 square feet. The home will have three bedrooms, an attached garage, and vinyl
siding. The estimated value of the home is expected to be $90,000.00.
Councilmember Dieter asked what the approximate property taxes would be on the new
construction.
Mr. Leda indicated that the taxes would be approximately$1,000.00 a year.
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 Colman made a motion to adopt this
Resolution. Councilmember Puzzello seconded the motion which carried and the
Resolution was adopted by a roll call vote of seven (7) ayes.
RESOLUTION NO. 3369-04 A RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA APPROVING CODE
ENFORCEMENT COSTS IMPOSED ON
PROPERTY OWNERS FOR CLEAN-UP
WHEREAS, the City Department of Code Enforcement has acquired a lighting loader
which is used to clean up property after its owner has been given an initial opportunity to
perform cleanup; and
WHEREAS, the rate of$75.00 per hour is recommended by the City Department of Code
Enforcement as a reasonable rate to charge for its cleanup services using the lightning
loader based on the hourly cost of similar vehicles and the operation costs including fuel,
maintenance, and labor; and
WHEREAS, the cost to an owner of performing the same work or hiring a third party to
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REGULAR MEETING AUGUST 23,2004
perform the work is not an appropriate basis for cost setting or comparison because
property owners should retain a financial incentive to do their own cleanup; and
WHEREAS, the Board of Public Works at its meeting held May 10, 2004 approved the
charge of$75.00 per hour to property owners by the Code Enforcement Department for
property cleanup using the lightning loader.
NOW, THEREFORE, BE IT RESOLVED BY the Common Council of the City of South
Bend, Indiana as follows:
SECTION I. The charge to the public of$75.00 per hour by the Department of Code
Enforcement for cleanup services performed with the lightning loader is hereby and in all
ways approved and ratified as of May 10, 2004.
SECTION II. A copy of this Resolution shall be available for public inspection in the
main office of the Department of Public Works and the Code Enforcement Department.
SECTION III. This Resolution shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor.
s/Karen L. White
Member, South Bend Common Council
Councilmember Dieter, Chairperson, Personnel and 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 a favorable recommendation.
Ms. Catherine Brucker, Director, Code Enforcement, 1300 County-City Building, 227 W.
Jefferson Blvd., South Bend, Indiana made the presentation for this bill.
Ms. Brucker advised that the requested fee be established for clean up of properties with
the new lighting loader, in the amount of$75.00 per hour. Ms. Brucker further advised
that based on discussion with Central Services, that if the City would rent a vehicle of
this nature, the estimated cost would be $75.00 per hour or higher. Ms. Brucker stated
that it is not possible to rent a vehicle of this nature, as they are not available. The fee of
$75.00 per hour is considered Fair Market Value, which includes fuel, maintenance costs
and labor. The$75.00 per hour fee is also an average cost between a large loader at
$106.00 per hour and a dump truck at$45.00 per hour. She noted that while this fee
takes into consideration, the cost of operation, the cost of purchase in not included. Ms.
Brucker indicated that this fee for the lightning loader is higher than if the resident were
to hire an outside firm to clean their property. She noted that it would not be an incentive
to the property owner to either clean their own property or to hire someone to clean their
property, and that the City would be cleaning a higher number of properties per year.
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 Coleman made motion to adopt this
Resolution. Councilmember Kuspa seconded the motion which carried and the
Resolution was adopted by a roll call vote of seven (7) ayes.
RESOLUTION NO. 3370-04 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
AUTHORIZING THE MAYOR TO SUBMIT
AN APPLICATION TO THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR AN ECONOMIC
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REGULAR MEETING AUGUST 23,2004
DEVELOPMENT INITIATIVE GRANT
WHEREAS, the Congressional appropriation for the Department of Veteran Affairs and
the Department of Housing and Urban Development for the fiscal year ending September
30, 2004 included$397,640 from the Economic Development Initiative account for the
City of South Bend, Indiana for the Studebaker/Oliver Redevelopment Project; and
WHEREAS, the Department of Housing and Urban Development subsequently asked the
City of South Bend to submit an application for these funds; and
WHEREAS, the Mayor is the Chief Executive Officer of the City and is the appropriate
applicant for the Economic Development Initiative Grant.
NOW, THEREFORE,BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to
submit a grant application to the United States Department of Housing &Urban
Development for an Economic Development Initiative Grant and to execute all
documents related to the Economic Development Initiative grant.
SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the
Common Council a complete copy of the Economic Development Initiative grant
application to be submitted to the United States Department of Housing and Urban
Development.
SECTION III. That for every activity, project, or program to be funded under this
resolution, the Mayor shall submit to the Common Council an appropriation ordinance
prior to expenditure of any funds received from the United States Department of Housing
and Urban Development.
SECTION IV. That the City of South Bend, Department of Community and Economic
Development is hereby designated as the agency and office administering, on behalf of
the City of South Bend, the Economic Development Initiative grant awarded under this
application.
SECTION V. That this resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/Karen L. White
Member of the Common Council
Councilmember Kelly, Chairperson,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. Andy Laurent,Economic Development Specialist,Department of Community&
Economic Development, 1200 County-City Building, 227 W. Jefferson Blvd., South
Bend, Indiana, made the presentation for this bill.
Mr. Laurent advised that this Resolution authorizes the submission of a grant application
in the amount of$397,640 to the United States Department of Housing and Urban
Development Economic Development Initiative program. These funds will be used to
implement the Studebaker/Oliver Redevelopment Strategy previously adopted by the
Common Council. Mr. Laurent further advised that these grants have been received in
the past for this project, and are federal "earmark" grants that are awarded by Congress
before the formal application documents are submitted.
A Public Hearing was held on the Resolution at this time.
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REGULAR MEETING AUGUST 23,2004
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 Coleman seconded the motion which carried and the
Resolution was adopted by a roll call vote of seven (7) ayes.
BILLS, FIRST READING
BILL NO. 49-04 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, TO AMEND VARIOUS
ARTICLES OF CHAPTER 6, BUILDING, OF
THE SOUTH BEND MUNICIPAL CODE
ADDRESSING BUILDING CODES AND
PERMIT FEES
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 September 13, 2004. Councilmember Coleman seconded the motion which
carried by a voice vote of seven (7) ayes.
BILL NO. 50-04 FIRST READING ON A BILL TO VACATE
THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST ALLEY NORTH OF JEFFERSON
BLVD, BETWEEN 36th ST. TO THE WEST
AND THE NORTH/SOUTH ALLEY BETWEEN
JEFFERSON BLVD AND MARSHALL AVE.
TO THE EAST
This bill had first reading. Councilmember Coleman made a motion to refer this bill to
the Public Works and Property Vacation Committee and set it for Public Hearing and
Third Reading on September 13, 2004. Councilmember Varner seconded the motion
which carried by a voice vote of seven (7) ayes.
BILL NO. 51-04 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, FIXING
THE ANNUAL PAY AND MONETARY
FRINGE BENEFITS OF FIREFIGHTERS
OF THE SOUTH BEND FIRE DEPARTMENT
FOR THE CALENDAR YEAR 2005
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Health and Public Safety Committee and set if for Public Hearing and Third Reading
on September 13, 2004. Councilmember Coleman seconded the motion which carried by
a voice vote of seven (7) ayes.
BILL NO. 52-04 FIRST READING ON A BILL FIXING
MAXIMUM SALARIES AND WAGES OF
APPOINTED OFFICERS AND NON-
BARGAINING EMPLOYEES OF THE
CITY OF SOUTH BEND, INDIANA, FOR
THE CALENDAR YEAR 2005
This bill had first reading. Councilmember Varner made a motion to refer this bill to the
Personnel and Finance Committee and set for Public Hearing and Third Reading on
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REGULAR MEETING AUGUST 23,2004
September 13, 2004. Councilmember Coleman seconded the motion which carried by a
voice vote of seven (7) ayes.
BILL NO. 53-04 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, SETTING THE ANNUAL
SALARIES FOR THE MAYOR AND FOR
THE CITY CLERK FOR CALENDAR YEAR
2005
This bill had first reading. Councilmember Coleman made a motion to refer this bill to
the Personnel and Finance Committee and set it for Public Hearing and Third Reading on
October 11, 2004. Councilmember Kuspa seconded the motion which carried by a voice
vote of seven (7) ayes.
BILL NO. 54-04 FIRST READING ON A BILL LEVYING TAXES
AND FIXING THE RATE OF TAXATION FOR
THE PURPOSE OF RAISING REVENUE TO
MEET THE NECESSARY EXPENSES OF THE
CIVIL CITY OF SOUTH BEND FOR THE
FISCAL YEAR ENDING DECEMBER 31, 2005
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 Second Reading
on September 13, 2004, and Third Reading on September 27, 2004. Councilmember
Coleman seconded the motion which carried by a voice vote of seven (7) ayes.
BILL NO. 55-04 FIRST READING ON A BILL APPROPRIATING
MONIES FOR THE PURPOSE OF DEFRAYING
THE EXPENSES OF SEVERAL DEPARTMENTS
OF THE CIVIL CITY OF SOUTH BEND,
INDIANA FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 2005, AND ENDING
DECEMBER 31, 2005, INCLUDING ALL
OUTSTANDING CLAIMS AND OBLIGATIONS,
AND FIXING A TIME WHEN THE SAME
SHALL TAKE EFFECT
This bill had first reading. Councilmember Coleman made a motion to refer this bill to
the Personnel and Finance Committee and set it for Second Reading and Public Hearing
on September 13, 2004, and Third Reading on September 27, 2004. Councilmember
Kuspa seconded the motion which carried by a voice vote of seven (7) ayes.
BILL NO. 56-04 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND APPROPRIATING MONIES FOR THE
PURPOSE OF DEFRAYING THE EXPENSES
OF THE DESIGNATED ENTERPRISE FUNDS
OF THE CITY OF SOUTH BEND, INDIANA,
FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 2005 AND ENDING DECEMBER
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REGULAR MEETING AUGUST 23,2004
31, 2005, INCLUDING ALL OUTSTANDING
CLAIMS AND OBLIGATIONS, AND FIXING
A TIME WHEN THE SAME SHALL TAKE
EFFECT
This bill had first reading. Councilmember Coleman made a motion to refer this bill to
the Personnel and Finance Committee and set it for Second Reading and Public Hearing
on September 13, 2004 and Third Reading on September 27, 2004. Councilmember
Varner seconded the motion which carried by a voice vote of seven (7) ayes.
BILL NO. 57-04 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA APPROPRIATING$146,000
WITHIN HAZ-MAT FUND (#289)FOR
PURCHASE OF EQUIPMENT FOR THE
HAZ-MAT TEAM AND VEHICLES
This bill had first reading. Councilmember Coleman made a motion to refer this bill to
the Health and Public Safety Committee and set it for Public Hearing and Third Reading
on September 13, 2004. Councilmember Varner seconded the motion which carried by a
voice vote of seven (7) ayes.
UNFINISHED BUSINESS
REPORT FROM AREA PLAN COMMISSION:
It is noted that the Council is in receipt of a recommendation from the Area Plan
Commission of St. Joseph County, for the following ordinance based on their Public
Hearing held on August 17, 2004:
BILL NO. 41-04 AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT
1533 PRAIRIE AVENUE COUNCILMANIC
DISTRICT#6 IN THE CITY OF SOUTH BEND,
INDIANA
BILL NO. 42-04 AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT
339 N. IRONWOOD, COUNCILMANIC DISTRICT
#4 IN THE CITY OF SOUTH BEND, INDIANA
Councilmember Coleman made a motion to refer these bills to the Zoning and
Annexation Committee and set them for Public Hearing and Third Reading on September
13, 2004. Councilmember Puzzello seconded the motion which carried by a voice vote
of seven (7) ayes.
NEW BUSINESS
There was no new business to come before the Council at this time.
PRIVILEGE OF THE FLOOR
There was no one present wishing to address the Council at this time.
ADJOURNMENT
There being no further business to come before the Council, Vice-President Kelly
adjourned the meeting at 7:30 p.m.
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REGULAR MEETING AUGUST 23,2004
AT - T: ATTEST:
John oorde, City Clerk Ka L. White,President
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