HomeMy WebLinkAbout11-24-14 Common Council Meeting MinutesREGULAR MEETING NOVEMBER 24, 2014
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Disclaimer: Undergoing technology updates experienced some loss of video & audio recording for dictation.
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, November 24, 2014 at 7:00 p.m.
The meeting was called to order by Council President Oliver Davis and the Invocation and
Pledge to the Flag were given.
ROLL CALL
COUNCILMEMBERS:
Present: Valerie Schey 3rd District
Dr. Fred Ferlic 4th District
Dr. David Varner 5th District
Oliver J. Davis 6th District, President
Derek Dieter At-Large, Vice President
Gavin Ferlic At-Large
Karen L. White At-Large, Chairperson Committee of the Whole
Absent: Tim Scott 1st District
Henry Davis, Jr. 2nd District
OTHERS PRESENT:
Kathleen Cekanski-Farrand Council Attorney
John Voorde City Clerk
Janice I. Talboom Deputy
Kareemah Fowler Chief Deputy
REPORT FROM THE SUB-COMMITTEE ON MINUTES
Councilmember Varner made a motion that the minutes of the November 10, 2014, meeting of
the Council be accepted and placed on file. Councilmember White seconded the motion which
carried by a voice vote of seven (7) ayes.
SPECIAL BUSINESS
In December there will be only one meeting which will be held December 8, 2014.
Council President Davis stated for those here for a discussion tonight regarding Facebook, we
will only be having a first reading, so no public hearing on that tonight.
BILL NO. 14 -108 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, PUBLICLY THANKING AND
HONORING UNITY GARDENS, INC. FOR THEIR
ABUNDANT ANNUAL HARVESTS AND FOR ALL OF
THEIR MANY NURTURING EFFORTS BENEFITTING OUR
COMMUNITY IN PROMOTING HEALTHY AND POSITIVE
OPPORTUNITIES
Councilmember Schey welcomed everyone from the Unity Gardens, Inc. to take the podium and
thanked them for their contributions and passion they bring to their work. Councilmember Schey
stated to Sarah and Mitch, that the Council appreciates everything you give this city.
WHEREAS Michiana residents have been interested in locally grown and produced food with
one of our earliest examples being the success of the South Bend Farmer Market which began in
1924 and
WHEREAS Unity Gardens was founded in 2008 by Sara L Stewart RN MSN Executive Director
of Unity Gardens Inc. and Mitchel Yaciw who combined their training and education in public
health and agriculture with their passion for community They started with one garden on vacant
REGULAR MEETING NOVEMBER 24, 2014
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land in the City of South Bend which encouraged community gardening while strengthening
neighborhoods and improving health Today there are nearly fifty 50 public gardens where
anyone can pick fresh fruits and vegetables for free and
WHEREAS the Unity Gardens Mission Growing Gardens for the Community to Share highlights
the following opportunities.
• Physically by increasing accessibility of fruits and vegetables as well as providing
education on nutrition and food preparation
• Socially by providing education increased social capital and opportunities for the
disadvantaged
• Economically by developing a sustainable local food system recapturing food waste
creating new jobs and increasing per capita productivity
WHEREAS Unity Gardens is a “collaborative network of community gardens originated to
increase the availability awareness and accessibility of healthy local grown with each Unity
Garden focusing on two 2 criteria: diverse people coming together to grow a garden and sharing
the food grown in the garden with the community” and
WHEREAS through the tireless efforts of Unity Gardens it is estimated that the LaSalle Square
Unity Gardens help to feed well over one thousand families each year and that over 2 000
families will be fed thanks to this initiative of having unity gardens sprouting up throughout the
City of South Bend
Now, Therefore, be it resolved by the Common Council of the City of South Bend, in
as follows:
Section I. On behalf of all of the residents of the City of South Bend Indiana the Common
Council is proud to publicly honor commend and recognize the vision hard work commitment
and passion which the Unity Gardens founders Sara L Stewart and Mitchel Yaciw have had in
dedicated themselves to developing and growing a community garden framework which has
inspired educated and fed so many in our community.
Section II. The Common Council hereby expresses our sincere gratitude to Sara and Mitchel the
officers and Board of Directors of Unity Gardens Inc. for improving our community's health by
increasing accessibility to fruits and vegetables by providing fresh health food for anyone by
bringing diverse people together and by providing education increased social capital and
opportunities for the disadvantaged.
Section III. This resolution shall be in full force and effect from and after its adoption by the
Council and approval by the Mayor.
s/Tim Scott, First District s/Oliver J. Davis, Sixth District
s/Henry Davis, Jr., Second District s/Derek D. Dieter, At-Large
s/Valerie Schey, Third District s/Gavin Ferlic, At-Large
s/Dr. Fred Ferlic, Fourth District s/Karen L. White, At-Large
s/Dr. David Varner, Fifth District s/Kathleen Cekanski-Farrand,
Council Attorney
s/John Voorde, City Clerk s/Pete Buttigieg, Mayor of South Bend, IN
REGULAR MEETING NOVEMBER 24, 2014
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The recipients responded thank you for recognizing this, this is a recognition of the entire city
not just us. We are truly proud to provide food for everyone. Thank you for the support of the
council and citizens of South Bend.
Word from the Mayor’s Office: Brian Pawlowski:
Although I’m not there in person, I thank you for your countless hour of service, and teaching
our community. Thank you to the common council for acknowledging the Unity Gardens.
Councilmember Schey gave them a Rosemary Bush as a gift from the Council as a way of saying
thanks for all their hard work.
Councilmember Dr. Ferlic thanked the recipients and stated they are needed in his neighborhood.
Councilmember Dr. Varner thank you I’m proud of your work and I’m glad you came. I
remember when you first came it looked like you had a great program. Congrats again to all your
success.
Councilmember Dieter stated thank you everyone for all the hours and all your great work and
how it extends to the citizens of the community and teaching them about all the plants.
Hopefully, in the spring I will be up there. Thank you again.
Councilmember Gavin Ferlic stated they really built a phenomenal organization so thank you
again.
Councilmember White stated I would like to share my words of thank you, on how individuals
can come together, to tie in the community and empower them to make a difference. I appreciate
that.
Councilmember White made a motion to approve this Resolution which was seconded and
carried by a voice vote of seven (7) ayes.
ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF
STAFF – BRIAN PAWLOWSKI
REPORTS OF CITY OFFICES
There were no reports of City Office at this time
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:17 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the
Whole. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7)
ayes. Councilmember Schey, Chairperson, presiding.
Councilmember Schey, explained the procedures to be followed for tonight’s meeting in
accordance with Article 1, Section 2-11 of the South Bend Municipal Code.
Councilmember Schey stated that a brochure may be found on the railing in the Council
Chambers explaining those procedures.
PUBLIC HEARINGS
BILL NO. 61 -14 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
AMENDING SECTION 9 -17 OF THE SOUTH BEND
MUNICIPAL CODE ADDRESSING EMS OPERATING
ENTERPRISE FUND #288; CREATING NEW
SECTION 9 -17.1 EMS CAPITAL ENTERPRISE FUND
#287 AND CREATING NEW SECTION 2- 170.15
CENTRAL SERVICES CAPITAL FUND #224
REGULAR MEETING NOVEMBER 24, 2014
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Councilmember Schey, Chairperson, Personnel & Finance Committee, reported that they met
this afternoon on this bill and sends it to the full Council with a favorable recommendation.
John Murphy- City Controller- During the 2015 budget process we added three funds Fund #288
EMS Operating Enterprise Fund that was amended, Fund #287 new one Capital Enterprise Fund,
and #224 Central Services Capital Fund new one added, with the help of the council we want to
amend those funds as it is in the budget.
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 Schey seconded the motion which carried by a voice vote
of seven (7) ayes.
RISE AND REPORT
Councilmember Gavin Ferlic made a motion to rise and report to full Council. Councilmember
Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes.
ATTEST: ATTEST:
____________________________ ____________________________
John Voorde, City Clerk Valerie Schey, 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 7:20 p.m. Council
President Oliver Davis, presided with seven (7) members present.
BILLS – THIRD READING
BILL NO. 61 -14 THIRD READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
AMENDING SECTION 9 -17 OF THE SOUTH BEND
MUNICIPAL CODE ADDRESSING EMS OPERATING
ENTERPRISE FUND #288; CREATING NEW
SECTION 9 -17.1 EMS CAPITAL ENTERPRISE FUND
#287 AND CREATING NEW SECTION 2- 170.15
CENTRAL SERVICES CAPITAL FUND #224
This bill had third reading. Councilmember Gavin Ferlic made a motion to pass this bill.
Councilmember White seconded the motion which carried. The bill passed by a roll call vote of
seven (7) ayes.
RESOLUTIONS
BILL NO. 14 -106 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING A
CERTAIN AREA WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY KNOWN AS 802
NAPOLEON AS A RESIDENTIALLY DISTRESSED
AREA FOR PURPOSES OF A (5) FIVE -YEAR
RESIDENTIAL REAL PROPERTY TAX ABATEMENT
FOR LAURA CARLSON & ROBERT WEST
REGULAR MEETING NOVEMBER 24, 2014
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WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement
have been submitted to and filed with the City Clerk for consideration by the Common Council
of the City of South Bend Indiana requesting that the area commonly known as 802 Napoleon
South Bend Indiana and which is more particularly described as follows: LOT 53 EXCEPT
EAST 140 FEET SOR1N S 2ND ADDITION SECTION 1 TOWNSHIP 37 NORTH RANGE 2
EAST PORTAGE TOWNSHIP ST JOSEPH COUNTY INDIANA
and this property has Tax Key Number 018 5104 3634 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 e,t seq. and;
WHEREAS the Department of Community Investment as concluded an investigation and
prepared a report with information sufficient for the Common Council to determine that the area
qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12 et sue and South Bend
Municipal Code Sections 2-76 et seq.., and has further prepared maps and plats showing the
boundaries and such other information regarding the area in question as required by law and
WHEREAS the Community Investment Committee of the Common Council has reviewed said
report and recommended to the Common Council that the area qualifies as a Residentially
Distressed Area
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend Indiana as follows:
_________________________________
Member of the Common Council
Presentation was done by the Department of Community Investment 14th floor- The staff brings
forward to the council for 802 Napoleon taxes to be abated $1,893, taxes to be paid $18,550.
Mr. Davon, from Davon buildings is here if you have any questions regarding the home.
Dell Davon-17871 State Rd 23- seeking your continued favor with this project.
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 to adopt this resolution. Councilmember Gavin
Ferlic seconded the motion which carried and the resolution was adopted by a roll call vote of
seven (7) ayes.
BILL NO. 14 -107 A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND DESIGNATING A
CERTAIN AREA WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY KNOWN AS 4946
STERN LINE COURT, 5004 STERN LINE COURT,
AND 4919 BOW LINE COURT AS A RESIDENTIALLY
DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -
YEAR RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR COOREMAN REAL ESTATE
GROUP, INC.
WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement
have been submitted to and filed with the City Clerk for consideration by the Common Council
of the City of South Bend Indiana requesting that the area commonly known as 4946 Stern Line
Court 5004 Stern Line Court and 4919 Bow Line Court South Bend Indiana and which is more
particularly described as follows:
A PART OF THE NORTHWEST SOUTHWEST AND SOUTHEAST QUARTERS OF
SECTION 18 TOWNSHIP 38 NORTH RANGE 2 EAST GERMAN TOWNSHIP CITY OF
REGULAR MEETING NOVEMBER 24, 2014
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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 Y 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
OF114 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 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
REGULAR MEETING NOVEMBER 24, 2014
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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 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 GRADE MARKING 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 has Tax Key Numbers 025 1010 017645 025 1010 017647 and 025 1010 017678 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 the Department of Community Investment has concluded an investigation and
prepared a report with information sufficient for the Common Council to determine that the area
qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1 et seq. and South
Bend Municipal Code Sections 2-76 et seq. and has further prepared maps and plats showing the
boundaries and such other information regarding the area in question as required by law and
WHEREAS the Community Investment Committee of the Common Council has reviewed said
report and recommended to the Common Council that the area qualifies as a Residentially
Distressed Area
NOW THEREFORE BE IT RESOLVED by the Common Council of the City of South Bend
Indiana as follows
SECTION I The Common Council hereby determines and finds that the petition for real property
tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-
12.1 et seq. for tax abatement
REGULAR MEETING NOVEMBER 24, 2014
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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. 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 The area plus any areas
previously designated under this subsection will not exceed ten percent 10 of the total
area within the Council’s jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following
A. That the description of the proposed redevelopment meets the applicable standards for
such development
B. That the estimate of the value of the redevelopment is reasonable for projects of this
nature
C. That the other benefits about which information was requested are benefits that can be
reasonably expected to result from the proposed described redevelopment and
D. That the totality of benefits is sufficient to justify the requested deduction all of which
satisfy the requirements of Indiana Code 6-1.1-12.1-3
E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code
standards for habitability
F. The deduction will not be allowed unless the dwelling rehabilitation is completed within
five 5 calendar years from the date of the adoption of this Resolution by the Common
Council
SECTION VI. The designation as a Residentially Distressed Area shall be limited to five 5
calendar years from the date of the adoption of this Resolution by the Common Council as
shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17
SECTION VII. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of five 5 years This resolution is adopted as an
exception to the current City Code regarding the applicable building permit provision Section 2
84 7 c 13
SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of
this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana
Code 5 3 1 and Indiana Code 6-1.1-12.1-2.5 said publication providing notice of the public
hearing before the Common Council on the proposed confirming of said declaration
REGULAR MEETING NOVEMBER 24, 2014
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SECTION IX. Pursuant to Indiana Code 6-1.1-12. 1-2, the rehabilitation must meet all local
code standards for habitability as a specific condition of having such property designated as a
residentially distressed area.
SECTION X. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
__________________________________
Member of the Common Council
Councilmember Gavin Ferlic reported that Community Investments sends this bill to the full
Council with a favorable recommendation.
Councilmember Varner made a motion to accept the substitute version of this bill as on file in
the Office of the City Clerk. Councilmember White seconded the motion, which carried by a
voice vote of seven (7) ayes.
Presentation was done by Community Investment- 14th floor of this building- staff brings
forward a tax abatement brought forward as an exception to the local code as the way the houses
were built. Mr. Cooreman will speak to that during his presentation. Taxes to be abated $56,079,
taxes to be paid for the three homes $45,686.
Steve Cooreman- 404 Technology Dr. South Bend- I’m here this evening to request your favor
on three homes that fell in between the cracks on the old abatement and the new abatement.
A councilmember asked were these houses originally abated and the abatement expired and sale
took place in between? Petitioner responded that is exactly correct.
A Public Hearing was held on the Resolution at this time.
There being no one present wishing to speak to the Council either in favor of or in opposition to
this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution.
Councilmember Schey seconded the motion which carried and the Resolution was adopted by a
roll call vote of seven (7) ayes.
BILLS - FIRST READING
BILL NO. 62 -14 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
AMENDING CHAPTER 2, ARTICLE 1 OF THE SOUTH
BEND MUNICIPAL CODE BY THE INCLUSION OF
NEW SECTION 2 -9.1 ADDRESSING POLICIES AND
PROCEDURES GOVERNING CITY -OWNED
TECHNOLOGIES, FACEBOOK STANDARDS, SOCIAL
MEDIA AND SOCIAL NETWORKING POLICIES AND
PROCEDURES
Councilmember President Davis reported that he would like to request we refer this bill to be
sent to the IT Committee the first meeting of January, as he would like to be a part of that
discussion. The response from the Council was the best thing to do is make a motion for
December 8th and check with the IT Committee.
This bill had first reading. Councilmember Varner made a motion to refer this bill 62-14 to the
IT Committee and set it for Public Hearing and Second Reading for December 8, 2014.
Councilmember Dr. Ferlic seconded the motion which carried by a voice vote of five (5) ayes,
and (2) nays (Council President Oliver Davis and Councilmember Derek Dieter).
REGULAR MEETING NOVEMBER 24, 2014
10
BILL NO. 63 -14 FIRST READING ON A BILL OF THE CITY OF
SOUTH BEND, INDIANA APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES
OPERATIONS IN 2014 OF $600,000 FROM GENERAL
FUND ( #101), $45,000 FROM ECONOMIC
DEVELOPMENT STATE GRANT FUND ( #210),
$280,000 DEPARTMENT OF COMMUNITY
INVESTMENT FUND ( #212), $50,000 FROM HUMAN
RIGHTS GRANT FUND ( #258), $20,000 FROM
HAZMAT FUND ( #289), $3,184 FROM HALL OF
FAME DEBT SERVICE FUND ( #313), $5,038 FROM
CUMULATIVE CAPITAL IMPROVEMENT FUND (
#407) AND $1,448,174 FROM EMPLOYEE BENEFITS
FUND ( #711)
This bill had first reading. Councilmember White made a motion to refer this bill to the
Personnel & Finance Committee on December 8, 2014. Councilmember Gavin Ferlic seconded
the motion which carried by a voice vote of seven (7) ayes.
BILL NO. 64 -14 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
APPROPRIATING ADDITIONAL FUNDS FOR
CERTAIN DEPARTMENTAL AND ENTERPRISE
OPERATIONS IN 2014 OF $244,500 FROM
SOLID WASTE FUND (#610), $168,094 FROM
SEWAGE CAPITAL FUND (#642), $6 FROM 2007
SEWER BONDS FUND (#647), $200 FROM SEWAGE
WORKS SINKING FUND (#649), $2,221 FROM 2010
SEWER BOND FUND (#658), AND ($19,100,000)
FROM 2013 SEWER BOND FUND (#663)
This bill had first reading. Councilmember White made a motion to refer this bill to the Utilities
Committee on December 8, 2014. Councilmember Ferlic seconded the motion which carried by
a voice vote of seven (7) ayes.
BILL NO. 65 -14 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
FOR BUDGET TRANSFERS FOR VARIOUS
DEPARTMENTS WITHIN THE CITY OF SOUTH
BEND, INDIANA FOR THE YEAR 2014
This bill had first reading. Councilmember White made a motion to refer this bill to the Personal
& Finance on December 8, 2014 for second and third reading. Councilmember Gavin Ferlic
seconded the motion which carried by a voice vote of seven (7) ayes.
UNFINISHED BUSINESS
REPORT FROM AREA PLAN COMMISSION
BILL NO. 58-14 – REZONING – 1430 MISHAWAKA AVE
Councilmember Gavin Ferlic made a motion to refer these bills to the Zoning & Annexation
Committee and set them for Public Hearing and Third Reading on December 8, 2014.
Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes.
REGULAR MEETING NOVEMBER 24, 2014
11
NEW BUSINESS
There was no new business to come before the Council at this time.
PRIVILEGE OF THE FLOOR
Samuel Brown- representing the Citizens United for a Better Government: 222 E LeBron St.
South Bend- I was watching the Mayor opening the new two-way street, I watch the Tiff districts
and we can get anything done that we want. I told the Mayor he had stated that he would make
changes to MLK Street, I’m hurt that the promises you made are not being followed, when it was
the black vote that got you elected
Jesse Davis- P.O. Box 10205 South Bend- keep your ears open as the issue with Mayor’s Chief
of Staff will be coming up, State police has been here investigating. I don’t want that to slip
through the cracks.
Adam Thomas- 4720 Belleview Circle apt. 6 South Bend- last meeting I didn’t get a response for
the form that I submitted. I believe that the biggest threat to citizens is corruption in its
government. I’m trying to being diplomatic, I will be submitting to more forms and I pray that
you take me serious. I’m available anytime.
Councilmember President stated for the record that we did respond, I met with you and council
attorney has met with you, thank you.
ADJOURNMENT
There being no further business to come before the Council, President Oliver Davis adjourned
the meeting at 7:39 p.m.
ATTEST: ATTEST:
____________________________ ____________________________
John Voorde, City Clerk Oliver Davis, President