HomeMy WebLinkAbout11-24-03 Council Meeting MinutesREGULAR MEETING NOVEMBER 24, 2003
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, 2003, at 7:00 p.m. The meeting
was called to order by Council President Karen L. White and the Invocation and Pledge to the Flag
were given.
ROLL CALL
COUNCILMEMBERS:
Present: James Aranowski
1" District
Charlotte Pfeifer
2nd District
Roland Kelly
3`d District
Karl King
4" District Chairperson, Committee of the Whole
David Varner
5`" District
Ervin Kuspa
6" District
Sean Coleman
At -Large Vice - President
Al "Buddy" Kirsits
At -Large
Karen L. White
At -Large President
Absent: None
OTHERS PRESENT:
Kathleen Cekanski - Farrand Council Attorney
Loretta J. Duda City Clerk
Sandra M. Parmerlee 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 November 10, 2003 meeting of the Council and found them to be correct. Therefore, we
recommend the same be approved.
Members of the Sub - Committee on Minutes
s/Karen L. White
s /David Varner
Councilmember Coleman made a motion that the minutes of the November 10, 2003 meeting of the
Council be accepted and placed on file. Councilmember Kirsits seconded the motion which carried
by a voice vote of nine (9) ayes.
SPECIAL BUSINESS
ANNOUNCEMENT OF DECEMBER MEETING DATE
President White advised that the last Common Council meeting of the year will be held on Monday,
December 8, 2003.
RESOLUTION NO. 3263 -03
A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
HONORING HIGH SCHOOL SENIORS AMY
MARSH, MICHAEL CWIDAK- KUSBACH, AND
SPENSER MCCOLLESTER FOR WINNING THE
2003 NATIONAL COUNCIL OF TEACHERS OF
ENGLISH ACHIEVEMENT AWARDS IN
WRITING
-1-
REGULAR MEETING NOVEMBER 24, 2003
WHEREAS, the Common Council notes that there are three very talented high school seniors
who recently had their writing talents nationally recognized; and
WHEREAS, our community is indeed fortunate and enriched by the fact that three of the
seventeen Indiana high school students who received the 2003 National Council of Teachers of
English Achievement Awards in Writing were from two of our local high schools; and
WHEREAS, the Common Council proudly recognizes and honors AMY MARSH, a senior
at ADAMS HIGH SCHOOL, who wrote an analysis of whether literary works adapted for the silver
screen dilute the spirit of the original author's writing; and submitted her personal writing sample
on keeping the Shabbat, the Jewish Sabbath, with her divorced parents; and
WHEREAS, the Common Council proudly recognizes and honors MICHAEL CWIDAK-
KUSBACH, a senior at ADAMS HIGH SCHOOL, who wrote that "every work has its owns
soul ... when you borrow a soul, it only degrades it. You can't change certain elements of a story and
expect it to be the same "; and submitted his personal writing sample on a character analysis of
Heathcliff from Emily Bronte's 19th century novel Wuthering Heights; and
WHEREAS, the Common Council proudly recognizes and honors SPENCER MC
COLLESTER, a senior at ST. JOSEPH HIGH SCHOOL, who wrote about suicide; and for his
personal writing sample submitted an essay on what he has learned from his grandfather.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. On behalf of all of the citizens of South Bend, Indiana, the Common Council
hereby publicly honors AMY MARSH, OF ADAMS HIGH SCHOOL; MICHAEL CWIDAK-
KUSBACH, OF ADAMS HIGH SCHOOL; AND SPENCER MC COLLESTER OF ST. JOSEPH
HIGH SCHOOL for bringing honor to themselves, their teachers, their respective high schools, and
the entire South Bend Community, for being selected from over 2,400 nominees to be three of the
best high school writers in America with this honor being bestowed by the National Council of
Teachers of English (NOTE).
Section II. The Common Council is proud to salute the parents, relatives, friends, teachers
and administrators for providing encouragement to each of these local high school seniors; and
wishes AMY, MICHAEL AND SPENCER the very best as each of them pursues their future
academic dreams in higher education and sincerely hopes that each of them will return to the South
Bend so that they will continue to enrich our community with their talents.
Section IV. This Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
s /James Aranowski, First District
s/Dr. David Varner, Fifth District
s /Charlotte D. Pfeifer, Second District
s /Ervin Kuspa, Sixth District
s/Roland Kelly, Third District
s /Sean Coleman, At Large
s /Karl King, Fourth District
s /Al `Buddy" Kirsits, At Large
s/Karen L. White, At Large
s/Kathleen Cekanski - Farrand, Council Attorney
ATTEST:
s /Loretta J. Duda, City Clerk s /Stephen J. Luecke, Mayor
Councilmember Roland Kelly made the presentation for this Resolution by reading it in its entirety
and presenting it to the students being honored.
A Public Hearing was held on the Resolution at this time.
-2-
REGULAR MEETING NOVEMBER 24, 2003
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 by acclamation.
Councilmember Coleman seconded the motion which carried.
Ms. Kathy Ratliff, Principal, St. Joseph High School, thanked the Council for honoring Spencer
McCollester for his excellence in academics.
Mr. Gene Sweeney, Principal, Adams High School, thanked the Council and the City of South Bend
for their support of these students and their support for writing.
RESOLUTION NO. 3264 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, COMMENDING THE
2003 ST. JOSEPH HIGH SCHOOLBOYS SOCCER TEAM
FOR WINNING THE IHSAA STATE CHAMPIONSHIP
WHEREAS, the South Bend Common Council is proud to honor the following student -
athletes who are members of the 2003 St. Joseph High School Boys Soccer Team:
Jeff Joines, #1 (Sr)
Teddy Moskwinski, #1 (Jr)
Brian Wynne, #2 (Sr)
Joe Leary, #3 (Jr)
Raynor Dongieux, #4 (Sr)
James Urbany, #5 (Fr)
Andy Urbany, #6 (Sr)
David Pope- Davis, #7 (Sr)
Sam Fallon, #8 (Sr)
Mike Hughes, #9 (Sr)
Spencer McCollester, #10 (Sr)
Jason Bathrick, #11 (Sr)
Patrick Murphy, #12 (Sr)
Alejandro Gurule, #13 (Jr)
John Cavanaugh, #14 (Sr)
Collin Fitzsimmons, #16 (Jr)
Pete Sabo, #17 (Fr)
Patrick Bishop, #18 (Soph)
Logan Conner, #19 (Jr)
Mike McDonald, #21 (Jr)
Patrick Kelly, #22 (Jr)
Will Banik, #23 (Soph)
Mike Brady, #25 (Soph)
Mutt Pellegrino, #26 (Fr)
WHEREAS, the Common Council would also like to commend Varsity Head Coach LeRoy
Krempec, Junior Varsity Head Coach Todd Peterson, Manager Kevin McCombs, Principal Kathy
Ratliff, Athletic Director Dale Hierlmeier, Chaplains: Fr. Chris Young, Fr. Camillo Tirabassi & Fr.
Walter Bly; Todd Peterson & Tim Murphy who oversee the game films, Athletic Secretary Celine
Mohoney, and Susan Lightcap of Media Relations of Saint Joseph's High School, who have all been
instrumental in providing positive guidance to the team; and
WHEREAS, the Council is especially proud to note that 21 of the student - athletes have a
GPA of 3.49 or higher; 8 team members are National Honor Society members, and 2 are National
Merit Semi - Finalists; with the soccer team now ranked 4th in the United States; and
WHEREAS, against tremendous odds, the St. Joseph High School Boys Soccer Team beat
Indianapolis North Central by a score of 2 -1 in a thrilling final game on November 1 st and completed
their season 24 -0; thereby becoming the first team since 1994 to go undefeated.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. On behalf of all of the citizens of South Bend, Indiana, the Common Council
hereby publicly honors the 2003 ST. JOSEPH HIGH SCHOOL BOYS SOCCER TEAM for a great
season of exciting, energy - packed soccer, and for countless memories which each of them created
during their journey of competitive - excellence in winning the 2003 IHSAA State Championship in
boys soccer in the State of Indiana.
Section II. The Common Council commends each of these student - athletes, their coaches,
manager, team associates, chaplains & their families and friends, for their many special talents, both
on and off the playing field, in coming together as a special family who proudly wear the St.
Joseph's school colors; and for enthusiastically representing the City of South Bend, Indiana, by
-3-
REGULAR MEETING
NOVEMBER 24, 2003
bringing honor to themselves, their school, and to our entire community.
Section III. This Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
s /James Aranowski, First District
s/Dr. David Varner, Fifth District
s /Charlotte D. Pfeifer, Second District
s /Ervin Kuspa, Sixth District
s/Roland Kelly, Third District
s /Sean Coleman, At Large
s /Karl King, Fourth District
s /Al "Buddy" Kirsits, At Large
s/Karen L. White, At Large
ATTEST:
s /Loretta J. Duda, City Clerk
s /Kathleen Cekanski - Farrand, Council Attorney
s /Stephen J. Luecke, Mayor
RESOLUTION NO. 3265 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA COMMENDING THE
ST. JOSEPH HIGH SCHOOL GIRLS SOCCER TEAM FOR
BEING THE 2003 INDIANA STATE RUNNERS -UP
WHEREAS, the South Bend Common Council is proud to honor the following student -
athletes who are members of the 2003 St. Joseph High School Girls Soccer Team:
Brittney Hinz, #0 (Sr.)
Alison Smith, #0 (Jr)
Carolyn Murphy, #2 (Soph)
Julie Veldman, #3 (Jr)
Stephanie Horvath, #4 (Jr)
Kristin Hayes, #5 (Sr)
Megan McHugh, #6 (Fr)
Susan Pinnick, #7 (Sr)
Megan Paladino, #8 (Sr)
Alison Lindsey, #9 (Jr)
Jenny Thornton, #10 (Sr)
Christine Sweeney, #11 (Sr)
Julie Paunicka, #12 (Sr)
Lizzi Gerard, #13 (Fr)
Ali Nellis, #14 (soph)
Catherine Guentert, #16 (Jr)
Colleen Kelly, #17 (Jr)
Morgan Cox, #18 (Soph)
Lindsey Hyduk, #19 (Fr)
Caitlyn Edmonds, #20 (Soph)
Kelly Roberson, #21 (Fr)
Martell Tardy, #22 (Sr)
Allison Sweeney, #24 (Fr)
Erin James, #50 (Sr)
WHEREAS, the Common Council would also like to comment Varsity Head Coach Johan
Kuitse, Assistants Phil DePauw, Marianne Giolitto & Carnie Applegate; Principal Kathleen Ratliff,
Athletic Director Dale Hierlmeier, and Susan Lightcap of Media Relations of Saint Joseph's High
School, who have all been instrumental in providing positive guidance to the 2003 St. Joseph's High
School Girls Soccer Team; and
WHEREAS, the Council is especially proud to note that 19 of the student - athletes have a
GPA of 3.55 or higher, and 8 team members are National Honor Society members; and
WHEREAS, on November 1, 2003 the 2003 St. Joseph's High School Girls Soccer Team
moved to the state championship game by defeating Bloomington South 3 -0; and played with
enthusiasm and valor against Carmel.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. On behalf of all of the citizens of South Bend, Indiana, the Common Council
hereby publicly honors the 2003 ST. JOSEPH HIGH SCHOOL GIRLS SOCCER TEAM for a great
season of intense and focused soccer, and for the unforgettable memories which each of girls created
during their journey to becoming the 2003 IHSAA State Runners -up in girls soccer in the State of
Indiana.
-4-
u
1
l
REGULAR MEETING NOVEMBER 24, 2003
Section II. The Common Council commends each of these student - athletes, their coaches,
manager, team associates, their families and friends, for their many special talents, both on and off
the playing field, in proudly wearing the St. Joseph's High School colors of columbia blue & white;
and for enthusiastically representing the City of South Bend, Indiana, by bringing honor to
themselves, their school, and to our entire community.
Section III. This Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
s /James Aranowski, First District
s/Dr. David Varner, Fifth District
s /Charlotte D. Pfeifer, Second District
s /Ervin Kuspa, Sixth District
s /Roland Kelly, Third District
s /Sean Coleman, At Large
s /Karl King, Fourth District
s /Al `Buddy" Kirsits, At Large
s /Karen L. White, At Large
ATTEST:
s /Loretta J. Duda, City Clerk
s/Kathleen Cekanski - Farrand, Council Attorney
s /Stephen J. Luecke, Mayor
St. Joseph High School Graduate Councilmember Al Kirsits, 722 Marquette Boulevard, South
Bend, Indiana, made the presentation for these two (2) Resolutions by reading them in their entirety.
Also, St. Joseph High School Graduates Councilmembers Coleman and Aranowski assisted by
presenting each student honored with a copy of the Resolution.
A Public Hearing was held on Resolution No. 03 -125 at this time.
Coach LeRoy Krempec, 68373 George Smith Court, Edwardsburg, Michigan, Juno Lake, thanked
the Council and all involved for recognizing these young men.
Coach Krempec thanked the Council for this honor and stated that it is not only important that these
young men had a record of 24 -0 but also important because of their achievements in the classroom.
He stated that if they do not have that they cannot be champions because this is life and this is what
they strive for.
There was no one else present wishing to speak in favor of this bill and there was no one present
wishing to speak in opposition.
Therefore, Councilmember Coleman made a motion to adopt this Resolution by acclamation.
Councilmember Varner seconded the motion which carried.
A Public Hearing was held on Resolution No. 03 -126 at this time.
Coach Johan Kuitse thanked the Council for this public recognition and advised that they were very
proud to have the opportunity to represent St. Joseph County and the City of South Bend at the state
finals.
There was no one else present wishing to speak in favor of this bill and there was no one present
wishing to speak in opposition.
Councilmember Coleman made a motion to adopt this Resolution by acclamation. Councilmember
Varner seconded the motion which carried.
Councilmember Kirsits advised that it has been brought to his attention that Ms. Erin James, #50,
a Senior, was inadvertently left off the list. President White advised that the Resolution will be
corrected and each member will receive a new copy.
-5-
REGULAR MEETING NOVEMBER 24, 2003
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:35 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 nine (9) ayes.
Councilmember King, Chairperson, Committee of the Whole, presiding.
Councilmember King 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 King also advised that the following three (3) items will not be heard tonight:
Bill No. 84 -03 Will be postponed until January 12, 2004 at the request of the
Petitioner.
Bill No. 72 -03 Will be postponed indefinitely at the request of the Petitioner.
Bill No. 62 -03 Will be postponed until December 8, 2003 at the request of the
Petitioner.
PUBLIC HEARINGS
BILL NO. 84 -03 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
ANNEXING TO AND BRINGING WITHIN THE CITY
LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND
IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH;
OMAR M. ABUHILAL, 52423 PORTAGE ROAD, SOUTH
BEND, INDIANA
Councilmember Kelly made a motion to postpone this bill until the January 12, 2004 meeting of the
Council at the request of the Petitioner. Councilmember Coleman seconded the motion which
carried by a voice vote of nine (9) ayes.
BILL NO. 72 -03 PUBLIC HEARING ON A BILL AMENDING THE
ZONING ORDINANCE FOR PROPERTY LOCATED AT
1314 CALIFORNIA AVE. IN THE CITY OF SOUTH
BEND, INDIANA
Councilmember Coleman made a motion to postpone this bill indefinitely at the request of the
Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9)
ayes.
BILL NO. 86 -03 PUBLIC HEARING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE FIRST
STREET TO BE VACATED IS BARTLETT STREET
FROM THE EAST RIGHT OF WAY OF LAFAYETTE
BLVD. TO THE WEST RIGHT OF WAY OF MICHIGAN
STREET (SR 933) FOR A DISTANCE OF 787 FEET AND
A WIDTH OF 66 FEET. THE SECOND STREET TO BE
VACATED IS MAIN STREET FROM THE NORTH
RIGHT OF WAY LINE OF BARTLETT STREET TO THE
SOUTH RIGHT OF WAY LINE OF PARK LANE FOR A
DISTANCE OF 469 FEET AND A WIDTH OF 99 FEET.
SZ
F----,
1
L
REGULAR MEETING NOVEMBER 24, 2003
THE FIRST ALLEY TO BE VACATED IS THE FIRST
NORTH /SOUTH ALLEY EAST OF LAFAYETTE BLVD.
FROM THE NORTH RIGHT OF WAY LINE OF
BARTLETT STREET TO THE VACATED EAST /WEST
ALLEY, FOR A DISTANCE OF 269.5 FEET AND A
WIDTH OF 14 FEET. THE SECOND ALLEY TO BE
VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST
OF MICHIGAN STREET (SR 933), FROM THE NORTH
RIGHT OF WAY LINE OF BARTLETT STREET TO THE
SOUTH RIGHT OF WAY LINE OF PARK LANE, FOR A
DISTANCE OF 469 FEET AND A WIDTH OF 14 FEET.
THE THIRD ALLEY TO BE VACATED IS THE FIRST
EAST /WEST ALLEY NORTH OF BARTLETT STREET
FROM THE EAST RIGHT OF WAY LINE OF MAIN
STREET TO THE WEST RIGHT OF WAY LINE OF
MICHIGAN STREET (SR 933), FOR A DISTANCE OF 344
FEET AND A WIDTH OF 14 FEET
Councilmember Coleman made a motion to hear the substitute version of this bill. Councilmember
Aranowski seconded the motion which carried by a voice vote of nine (9) ayes.
Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported
that this committee held a committee hearing on this bill, before the substitute was offered, and sends
it to the Council with a favorable recommendation.
Mr. Bruce Bancroft, Barnes & Thornburg, 100 North Michigan, 6th Floor, South Bend, Indiana,
made the presentation on behalf of Memorial Hospital, one (1) of the two (2) Petitioners. Mr.
Bancroft stated that the South Bend Community School Corporation is the other Petitioner and their
counsel will address the Council as well.
Mr. Bancroft advised that the two (2) Petitioners own all the property on both sides of the two (2)
streets and three (3) alleys which are being proposed for vacation. He stated that this vacation
petition is an important step to bring into effect the October 25, 2002 Development Agreement
between the City of South Bend and Memorial Hospital and also to bring into effect a contract
between the School Corporation and Memorial Hospital to swap property which will benefit
Madison School and Memorial Hospital. The plan is to make the area between Memorial Hospital
and Leeper Park nicer and better for Madison School and more usable for Memorial Hospital.
Meetings were held with both neighborhood groups which are adjacent to the hospital and all the
neighbors had an opportunity to express their opinions and hear an explanation personally from Mr.
Foti of Memorial Hospital. This Petition requests the vacation of Bartlett Street from Lafayette to
Michigan Street. This street will be replaced by new Bartlett Street which will be in place in a few
years. Mr. Bancroft stated that the Petitioners are asking that the effective date of the vacation of
Bartlett Street be postponed until a date which is set by the Council through a Resolution which is
presented by the City administration to the Council setting forth the progress of new Bartlett Street
and a date certain when this vacation will be effective. He noted that they are not asking that the
Bartlett Street vacation be effective until that date because they want to make sure that new Bartlett
Street is in place and can be used by the public. The other proposed vacations which are Main
Street from Bartlett Street north up to Park Lane and the three (3) alleys proposed for vacation would
be effective when this ordinance is adopted this evening. Mr. Bancroft stated that these alleys are
not generally used. This vacation will help clean up the area and permit its use by Memorial
Hospital and the School Corporation. These vacations will all help the growth and development of
the area between Memorial Hospital and Leeper Park. They do not cause access problems for the
public to either public buildings or private property or hinder the use of any public ways.
Mr. Ted Foti, Memorial Hospital and Health Systems, informed the Council that in the later part of
2001 they entered into discussions with the City of South Bend requesting that together they develop
-7-
REGULAR MEETING NOVEMBER 24, 2003
a campus to the north and the south of Memorial Hospital.
They were able to complete a document which contains a series of requests that they made that the
City was grateful to help with to come to fruition. He noted that the hospital will be spending the
next few years concentrating on the interior of the building more than anything else in order to meet
demands that they did not expect for beds and new areas for patient care. As a consequence of those
demands, they will put off the future northern expansion of the hospital. However, in order to
execute the transfer of land between the hospital and the school system, through the purchase of the
YWCA, this action is required at this time. As stated, the effective date of the actual closure of
Bartlett Street will not occur until such time as the new Bartlett Street is in place which will be some
time out in the future with a date yet to be determined.
Mr. Rich Hill, Baker & Daniels, 205 West Jefferson, South Bend, Indiana, informed the Council
that he represents the South Bend Community School Corporation and the adoption of this
ordinance would permit the exchange of various parcels of property between the School Corporation
and Memorial Hospital that are required for the safe and efficient operation of the expanded and
renovated Madison School. In particular, they are needed for areas of ingress and egress which
would permit areas where students can be picked up and dropped off safely. Second, the adoption
of the ordinance would permit much needed parking to be provided to the employees, teachers and
also parents of Madison School on property that would be provided by Memorial Hospital to the
schools.
This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents
were given an opportunity to be heard.
Mayor Steve Luecke, 14th Floor, County -City Building, South Bend, Indiana, stated that he is in
support of this measure. He further stated that as Mr. Foti mentioned the City has been working
with Memorial Hospital and the School Corporation for a number of years to come to a proper layout
for the Memorial campus and for Madison School and he commended and thanked the School
Corporation for their reinvestment in Madison School as well as Memorial Hospital for their ongoing
continued investment in their medical campus. He noted that Memorial Hospital is constrained with
historic neighborhoods on either side and they have had to do good and proper planning to allow for
growth to the north and to the south. The vacation of these streets will allow for the growth to the
north to happen in a properly planned and phased manner. Mayor Luecke asked for the Council's
support of this measure.
There being no one else present wishing to speak in favor of this bill and no one present wishing to
speak in opposition to this bill, the Public hearing was closed.
Councilmember Aranowski made a motion for favorable recommendation to full Council
concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote
of nine (9) ayes.
BILL NO. 87 -03 PUBLIC HEARING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE FIRST
NORTH /SOUTH ALLEY EAST OF 30TH STREET FROM
THE NORTH RIGHT OF WAY LINE OF VINE STREET
THENCE NORTH FOR A DISTANCE OF 410 FEET AND
A WIDTH OF 16 FEET. SAID ALLEY WOULD DEAD
END AT THE NORTH LOT LINE OF LOTS 30 AND 35 OF
EGGLESTON'S 1ST ADDITION, BEING A PART OF
EGGLESTON' S 1ST ADDITION TO THE CITY OF SOUTH
BEND, ST. JOSEPH COUNTY, INDIANA
Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported
1
1
1
REGULAR MEETING NOVEMBER 24, 2003
that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with
a favorable recommendation.
Mr. Dennis Whittaker, 1012 South 30th Street, South Bend, Indiana, made the presentation for this
bill on behalf of Gospel Center Church.
Mr. Whittaker stated that the vacation of this alley is essential to future plans that the church has for
expansion. At the present time the facility is crowded and they are in the process of planning an
expansion at some time in the future. He reiterated that the vacation of this alley is going to be
accompanied by the filing of an Easement Agreement that guarantees that the portion of the alley not
abandoned is always accessible and would not be a dead end alley off of Mishawaka Avenue.
This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents
were given an opportunity to be heard.
There being no one present wishing to speak to the Council either in favor of or in opposition to this
bill, Councilmember Varner made a motion for favorable recommendation to full Council
concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote
of nine (9) ayes.
BILL NO. 88 -03 PUBLIC HEARING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE STREET
TO BE VACATED IS A PORTION OF JEFFERSON BLVD.
FROM CHAPIN STREET, WEST TO THE FIRST
NORTH /SOUTH ALLEY FOR A DISTANCE OF 196.89
FEET AND A WIDTH OF 49.5 FEET. THE ALLEY TO BE
VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST
OF CHAPIN STREET FROM JEFFERSON BLVD.,
NORTH TO THE END FOR A DISTANCE OF 160.71
FEET AND A WIDTH OF 10 FEET. BOTH JEFFERSON
BLVD. AND THE ALLEY BEING A PART OF THOMAS'
SUBDIVISION OF PART OF BANK OUTLOT 74, CITY
OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA
Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported
that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with
a favorable recommendation.
Mr. Dan Akin, Vice - President, Danch, Hamer & Associates, Inc., 2422 Viridian Drive, South Bend,
Indiana, made the presentation for this bill on behalf of the Petitioner, the Northern Indiana
Historical Society and Mr. Jeffrey Hodes.
Mr. Akin advised that this petition is to vacate a portion of Jefferson Boulevard from Chapin Street
west, approximately two hundred (200) feet, to its dead end and also an alley that is ten (10) feet
wide from Jefferson Street north, approximately one hundred sixty (160) feet. The purpose of this
vacation is to allow the construction of the Studebaker National Museum. The project will include
perpetual access being provided both to the Northern Indiana Center for History as well as the
residents that will be affected. He noted that the Northern Indiana Historical Society and the
Northern Indiana Center for History own or control the property north, west and south of the
proposed vacation.
Ms. Charlotte Sobel, South Bend Heritage Foundation, 803 Lincoln Way West, South Bend,
Indiana, informed the Council that the closing of this alley is to allow the additional land needed to
build the new Studebaker National Museum. There will be a replacement alley when Jefferson
Boulevard is vacated which will actually be built before to relocate all utilities. It will be
0
REGULAR MEETING
NOVEMBER 24, 2003
immediately north of the current soon to be vacated Jefferson Boulevard. She noted that they have
guaranteed that all rights of access in perpetuity will be granted to the four (4) residents that are north
of it and in particular the three (3) residents that actually have alley access. She further noted that
only one (1) of them has a driveway on Chapin Street. Further, new utilities will be laid and then
that alley will be opened.
This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents
were given an opportunity to be heard.
There being no one present wishing to speak to the Council either in favor of or in opposition to this
bill, Councilmember Varner made a motion for favorable recommendation to full Council
concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote
of nine (9) ayes.
BILL NO. 62 -03 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 "ECONOMIC DEVELOPMENT REVENUE
BONDS OF 2003 (KITE CAPITAL, LLC /ERSKINE
VILLAGE PROJECT)" IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED SIX MILLION AND 00 /100
DOLLARS ($6,000,000.00) AND APPROVING AND
AUTHORIZING OTHER ACTIONS IN RESPECT
THERETO
Councilmember Pfeifer made a motion to postpone this bill until the December 8, 2003 meeting of
the Council at the request of the Petitioner. Councilmember Varner seconded the motion which
carried by a voice vote of nine (9) ayes.
BILL NO. 90 -03 PUBLIC HEARING 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 TO MAKE
TEMPORARY LOANS TO PAY OFF PREVIOUSLY
ISSUED TEMPORARY LOAN TAX ANTICIPATION
WARRANTS; AND TO ISSUE NEW TEMPORARY LOAN
TAX ANTICIPATION TIME WARRANTS TO EVIDENCE
SUCH LOANS AND APPROPRIATING AND PLEDGING
TAXES TO BE RECEIVED IN SUCH FUNDS TO THE
PAYMENT OF THE NEW WARRANTS INCLUDING THE
INTEREST THEREON
Councilmember Aranowski, Chairperson, Personnel & Finance Committee, reported that this
committee met this afternoon on this bill and sends it to the Council with a favorable
recommendation.
Mr. Rick 011ett, City Controller, 14th Floor, County -City Building, South Bend, Indiana, made the
presentation for this bill.
Mr. 011ett advised that this ordinance is related to the tax reassessment process. In June, due to the
delayed reassessment process, the City issued tax warrants pending distribution of provisional tax
proceeds. These warrants have a due date of December 31, 2003. Mr. 011ett stated that in the
unlikely event that payments from the property tax bills currently sent out are not forthcoming by
-10-
REGULAR MEETING NOVEMBER 24, 2003
December 30, 2003, the City would like to be able to issue new warrants to pay off the outstanding
bonds.
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 Aranowski made a motion for favorable recommendation to full Council
concerning this bill. Councilmember Pfeifer seconded the motion which carried by a voice vote of
nine (9) ayes.
RISE AND REPORT
Councilmember Coleman made motion to rise and report to the full Council. Councilmember
Varner seconded the motion which carried by a voice vote of nine (9) ayes.
r
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 8:00 p.m. Council President Karen L.
White presided with nine (9) members present.
BILLS - THIRD READING
ORDINANCE NO. 9467 -03 AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE FIRST STREET TO BE
VACATED IS BARTLETT STREET FROM THE EAST
RIGHT OF WAY OF LAFAYETTE BLVD. TO THE WEST
RIGHT OF WAY OF MICHIGAN STREET (SR 933) FOR
A DISTANCE OF 787 FEET AND A WIDTH OF 66 FEET.
THE SECOND STREET TO BE VACATED IS MAIN
STREET FROM THE NORTH RIGHT OF WAY LINE OF
BARTLETT STREET TO THE SOUTH RIGHT OF WAY
LINE OF PARK LANE FOR A DISTANCE OF 469 FEET
AND A WIDTH OF 99 FEET. THE FIRST ALLEY TO BE
VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST
OF LAFAYETTE BLVD. FROM THE NORTH RIGHT OF
WAY LINE OF BARTLETT STREET TO THE VACATED
EAST/WEST ALLEY, FOR A DISTANCE OF 269.5 FEET
AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO
BE VACATED IS THE FIRST NORTH/SOUTH ALLEY
WEST OF MICHIGAN STREET (SR 933), FROM THE
NORTH RIGHT OF WAY LINE OF BARTLETT STREET
TO THE SOUTH RIGHT OF WAY LINE OF PARK LANE,
FOR A DISTANCE OF 469 FEET AND A WIDTH OF 14
FEET. THE THIRD ALLEY TO BE VACATED IS THE
FIRST EAST/WEST ALLEY NORTH OF BARTLETT
-11-
REGULAR MEETING NOVEMBER 24, 2003
STREET FROM THE EAST RIGHT OF WAY LINE OF
MAIN STREET TO THE WEST RIGHT OF WAY LINE OF
MICHIGAN STREET (SR 933), FOR A DISTANCE OF 344
FEET AND A WIDTH OF 14 FEET
This bill had third reading. Councilmember Coleman made a motion to consider the substitute
version of this bill. Councilmember King seconded the motion which carried by a voice vote of nine
(9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted.
Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine
(9) ayes.
ORDINANCE NO. 9468 -03 AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH
ALLEY EAST OF 30TH STREET FROM THE NORTH
RIGHT OF WAY LINE OF VINE STREET THENCE
NORTH FOR A DISTANCE OF 410 FEET AND A WIDTH
OF 16 FEET. SAID ALLEY WOULD DEAD END AT THE
NORTH LOT LINE OF LOTS 30 AND 35 OF
EGGLESTON' S 1ST ADDITION, BEING A PART OF
EGGLESTON' S 1ST ADDITION TO THE CITY OF SOUTH
BEND, ST. JOSEPH COUNTY, INDIANA
This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember
Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes.
ORDINANCE NO. 9469 -03 AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE STREET TO BE
VACATED IS A PORTION OF JEFFERSON BLVD. FROM
CHAPIN STREET, WEST TO THE FIRST NORTH /SOUTH
ALLEY FOR A DISTANCE OF 196.89 FEET AND A
WIDTH OF 49.5 FEET. THE ALLEY TO BE VACATED IS
THE FIRST NORTH /SOUTH ALLEY WEST OF CHAPIN
STREET FROM JEFFERSON BLVD., NORTH TO THE
END FOR A DISTANCE OF 160.71 FEET AND A WIDTH
OF 10 FEET. BOTH JEFFERSON BLVD. AND THE
ALLEY BEING APART OF THOMAS' SUBDIVISION OF
PART OF BANK OUTLOT 74, CITY OF SOUTH BEND,
ST. JOSEPH COUNTY, INDIANA
This bill had third reading. Councilmember Coleman made a motion to pass this bill.
Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine
(9) ayes.
ORDINANCE NO. 9470 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE
MAYOR AND OR CONTROLLER OF THE CITY OF
SOUTH BEND TO MAKE TEMPORARY LOANS TO PAY
OFF PREVIOUSLY ISSUED TEMPORARY LOAN TAX
ANTICIPATION WARRANTS; AND TO ISSUE NEW
TEMPORARY LOAN TAX ANTICIPATION TIME
WARRANTS TO EVIDENCE SUCH LOANS AND
APPROPRIATING AND PLEDGING TAXES TO BE
RECEIVED IN SUCH FUNDS TO THE PAYMENT OF
-12-
REGULAR MEETING
NOVEMBER 24, 2003
THE NEW WARRANTS INCLUDING THE INTEREST
THEREON
This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember
Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes.
RESOLUTIONS:
RESOLUTION NO. 3266 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS LOTS 47 THROUGH 99
ROYAL OAK ESTATES SECTION 3 AS A
RESIDENTIALLY DISTRESSED AREA FOR PURPOSES
OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR D & H HOME BUILDERS, INC.
WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has
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 areas commonly known as Lots 47 through 99 Royal Oak
Estates Section 3, Jackson Road, South Bend, Indiana, and which are more particularly described
as follows:
Street Address:
609 Yoder Street
5735 Buckhom Drive
535 Yoder Street
523 Yoder Street
520 Yoder Street
546 Yoder Street
5745 Buckhom Drive
535 Dice Street
5749 Buckhom Drive
525 Dice Street
522 Dice Street
528 Dice Street
5813 Buckhom Drive
527 Pulling Street
5907 Buckhom Drive
521 Pulling Street
524 Pulling Street
530 Pulling Street
5929 Buckhom Drive
6009 Buckhom Drive
514 Gillmer Street
522 Gillmer Street
6012 Buckhom Drive
6006 Buckhom Drive
612 Pulling Street
5930 Buckhom Drive
618 Pulling Street
622 Pulling Street
720 Pulling Street
727 Pulling Street
625 Pulling Street
Legal Description:
Lot 47*
Key Number:
23- 1018 - 0381.87
Lot 48 23 -1018- 0381.88
Lot 49 23- 1018 - 0381.89
Lot 50 23 -1018- 0381.90
Lot 51* 23- 1018 - 0381.91
Lot 52* 23 -1018- 0381.92
Lot 53 23 -1018- 0381.93
Lot 54 23- 1018 - 0381.94
Lot 55* 23 -1018- 0381.95
Lot 56* 23 -1018- 0381.96
Lot 57
23- 1018 - 0381.97
Lot 58
23 -1018- 0381.98
Lot 59*
23- 1018 -0381
Lot 60
23- 1018 -0382.
Lot 61
23- 1018 - 0382.01
Lot 62
23 -1018- 0382.02
Lot 63
23- 1018 - 0382.03
Lot 64
23 -1018- 0382.04
Lot 65*
23- 1018 - 0382.05
Lot 66
Lot 67
Lot 68
Lot 69
Lot 70
* indicates corner lot -13-
23- 1018 - 0382.06
23 -1018- 0382.07
23 -1018- 0382.08
23 -1018- 0382.09
23- 1018- 0382.10
REGULAR MEETING
NOVEMBER 24, 2003
615 Pulling Street
Lot 71
23 -1018- 0382.11
609 Pulling Street
Lot 72*
23 -1018- 0382.12
5910 Buckhorn Drive
610 Dice Street
Lot 73*
23 -1018- 0382.13
5812 Buckhorn Drive
616 Dice Street
622 Dice Street
Lot 74
Lot 75
23 -1018- 0382.14
23 -1018- 0382.15
707 Dice Court +C67
Lot 76*
23 -1018- 0382.27
5806 Yellow Wood Drive
5728 Yellow Wood Drive
Lot 77
23 -1018- 0382.28
5722 Yellow Wood Drive
Lot 78
23 -1018- 0382.29
5718 Yellow Wood Drive
Lot 79
23 -1018- 0382.30
5721 Yellow Wood Drive
Lot 80
23 -1018- 0382.31
5727 Yellow Wood Drive
Lot 81
23- 1018- 0382.32
5733 Yellow Wood Drive
Lot 82
23- 1018 - 0382.33
621 Dice Street
Lot 83*
23- 1018 - 0382.34
5809 Yellow Wood Drive
615 Dice Street
Lot 84*
23- 1018 - 0382.35
5748 Buckhorn Drive
5742 Buckhorn Drive
Lot 85
23- 1018 - 0382.36
5736 Buckhorn Drive
Lot 86
23- 1018 - 0382.37
5730 Buckhorn Drive
Lot 87
23- 1018 - 0382.38
5724 Buckhorn Drive
Lot 88
23 -1018- 0382.39
715 Dice Court
Lot 89
23 -1018- 0382.26
721 Dice Court
Lot 90
23 -1018- 0382.25
727 Dice Court
Lot 91
23 -1018- 0382.24
733 Dice Court
Lot 92
23 -1018- 0382.23
737 Dice Court
Lot 93
23 -1018- 0382.22
740 Dice Court
Lot 94
23 -1018- 0382.21
734 Dice Court
Lot 95
23- 1018 - 0382.20
726 Dice Court
Lot 96
23 -1018- 0382.19
720 Dice Court
Lot 97
23- 1018 - 0382.18
714 Dice Court
Lot 98
23- 1018 - 0382.17
708 Dice Court
Lot 99
23- 1018 - 0382.16
be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1
et se q., and South Bend Municipal Code Sections 2 -76 et seq., and;
WHEREAS, the Department of Community and Economic Development has concluded an
investigation and prepared a report with information sufficient for the Common Council to determine
that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et 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 and Economic Development Committee of the Common Council has
reviewed said report and recommended to the Common Council that the area qualifies as a
Residentially Distressed Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION 1. 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 sea., for tax abatement.
SECTION H. The Common Council hereby determines and finds that the area meets one of the
-14-
REGULAR MEETING NOVEMBER 24, 2003
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, all of which
satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local
code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is completed
within five (5) calendar years from the date of the adoption of this Resolution by the
Common Council.
SECTION IV. The Common Council hereby determines and finds that the proposed described
redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits
and the petition for real property tax abatement consideration and that the Statement of Benefits form
prescribed by the State Board of Accounts are sufficient to justify the deduction granted under
Indiana Code 6 -1.1- 12.1 -3.
SECTION V. The Common Council hereby accepts the report and recommendation of the
Community and Economic Development Committee that the area herein described be designated as
a Residentially Distressed Area and hereby adopts a Resolution designating this area as a
Residentially Distressed Area for purposes of real property tax abatement.
SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5)
calendar years from the date of the adoption of this Resolution by the Common Council.
SECTION VII. The Common Council hereby determines that the property owner is qualified for and
is granted property tax deduction for a period of five (5) years.
-15-
REGULAR MEETING NOVEMBER 24, 2003
SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this
Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code
5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before
the Common Council on the proposed confirming of said declaration.
SECTION IX. Pursuant to Indiana Code 6- 1.1- 12.1 -2, the rehabilitation must meet all local code
standards for habitability as a specific condition of having such property be designated as a
residentially distressed area.
SECTION X. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
s /Karen L. White
Member of the Common Council
Councilmember King, Chairperson, Community and Economic Development Committee, reported
that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full
Council with a favorable recommendation.
Mr. Bernard Feeney, Registered Land Surveyor, Lang, Feeney & Associates, Inc., 715 South
Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of owners of the
property, D &H Home Builders.
Mr. Feeney advised that this petition represents the final phase consisting of fifty -three (53) lots of
Royal Oak Estates Subdivision. The anticipated benefit to the City would be in that there would be
fifty -three (53) homes built on these lots averaging about one hundred eighty- thousand dollars
($180,000.00) each. Mr. Feeney advised that this section of the subdivision is on the extreme west N
side in the southern part and borders the Gilmer Park area.
A Public Hearing was held on the Resolution at this time.
There being no one present wishing to speak to the Council either in favor of or in opposition to this
Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember
Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of
nine (9) ayes.
RESOLUTION NO. 3267 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS 1116 NOTRE DAME AVENUE
AS A RESIDENTIALLY DISTRESSED AREA FOR
PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR BRAD GREGORY
AND KERRIE MCCAW
WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has
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 1116 Notre Dame Ave., South
Bend, Indiana, and which is more particularly described as follows:
Street Address: Legal Description: Key Number:
1116 Notre Dame Ave. Lot No. 3 of Notre Dame 18 -5105 -3668
Avenue Minor Subdivision
be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1
-16-
REGULAR MEETING NOVEMBER 24, 2003
et se ., and South Bend Municipal Code Sections 2 -76 et seq., and;
WHEREAS, the Department of Community and Economic Development has concluded an
investigation and prepared a report with information sufficient for the Common Council to determine
that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et SeMc ., and
South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing
the boundaries and such other information regarding the area in question as required by law; and
WHEREAS, the Community and Economic Development Committee of the Common Council has
reviewed said report and recommended to the Common Council that the area qualifies as a
Residentially Distressed Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the petition for real property
tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1
et se q., 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, 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
-17-
REGULAR MEETING
NOVEMBER 24, 2003
within five (5) calendar years from the date of the adoption of this Resolution by the
Common Council.
SECTION IV. The Common Council hereby determines and finds that the proposed described
redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits
and the petition for real property tax abatement consideration and that the Statement of Benefits form
prescribed by the State Board of Accounts are sufficient to justify the deduction granted under
Indiana Code 6 -1.1- 12.1 -3.
SECTION V. The Common Council hereby accepts the report and recommendation of the
Community and Economic Development Committee that the area herein described be designated as
a Residentially Distressed Area and hereby adopts a Resolution designating this area as a
Residentially Distressed Area for purposes of real property tax abatement.
SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5)
calendar years from the date of the adoption of this Resolution by the Common Council.
SECTION VII. The Common Council hereby determines that the property owner is qualified for and
is granted property tax deduction for a period of five (5) years.
SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this
Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code
5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before
the Common Council on the proposed confirming of said declaration.
SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code
standards for habitability as a specific condition of having such property be designated as a
residentially distressed area.
SECTION X. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
s/Karen L. White
Member of the Common Council
Councilmember King, Chairperson, Community and Economic Development Committee, reported
that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full
Council with a favorable recommendation.
Mr. Brad S. Gregory, 6030 Mission Trail #2, Granger, Indiana, made the presentation for this bill.
Mr. Gregory advised that he and his wife propose to develop a three thousand (3,000) square foot
two (2) story, single family dwelling with attached garage on Notre Dame Avenue as part of the
University of Notre Dame's redevelopment project on Notre Dame Avenue. This project will help
promote future improvements and development in the surrounding neighborhood. The total
estimated dollar value of the project is four hundred twenty -five thousand dollars ($425,000.00).
A Public Hearing was held on the Resolution at this time.
There being no one present wishing to speak to the Council either in favor of or in opposition to this
Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember
Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine
(9) ayes.
LJI
REGULAR MEETING
RESOLUTION NO. 3268 -03
NOVEMBER 24, 2003
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS 1035 NOTRE DAME AVENUE
AS A RESIDENTIALLY DISTRESSED AREA FOR
PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR JAY W. & MARY
FRAN BRANDEN13ERGER
WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has
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 1035 Notre Dame Ave., South
Bend, Indiana, and which are more particularly described as follows:
Street Address: Legal Description: Key Number:
1035 Notre Dame Ave. E %2 of Lot 83, Sorin's 2nd edition 18 -5104 -3547
to the town of Lowell
be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1
et se q., and South Bend Municipal Code Sections 2 -76 et sea., and;
WHEREAS, the Department of Community and Economic Development has concluded an
investigation and prepared a report with information sufficient for the Common Council to determine
that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et seq., and
South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing
the boundaries and such other information regarding the area in question as required by law; and
WHEREAS, the Community and Economic Development Committee of the Common Council has
reviewed said report and recommended to the Common Council that the area qualifies as a
Residentially Distressed Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the petition for real property
tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1
et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one of the
following conditions as formally established in Ordinance no. 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
-19-
REGULAR MEETING
NOVEMBER 24, 2003
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 from the date of the adoption of this Resolution by the
Common Council.
SECTION IV. The Common Council hereby determines and finds that the proposed described
redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits
and the petition for real property tax abatement consideration and that the Statement of Benefits form
prescribed by the State Board of Accounts are sufficient to justify the deduction granted under
Indiana Code 6 -1.1- 12.1 -3.
SECTION V. The Common Council hereby accepts the report and recommendation of the
Community and Economic Development Committee that the area herein described be designated as
a Residentially Distressed Area and hereby adopts a Resolution designating this area as a
Residentially Distressed Area for purposes of real property tax abatement.
SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5)
calendar years from the date of the adoption of this Resolution by the Common Council.
SECTION VII. The Common Council hereby determines that the property owner is qualified for and
is granted property tax deduction for a period of five (5) years.
SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this
Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code
5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before
the Common Council on the proposed confirming of said declaration.
SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code
standards for habitability as a specific condition of having such property be designated as a
residentially distressed area.
SECTION X. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
s/Karen L. White
Member of the Common Council
Councilmember King, Chairperson, Community and Economic Development Committee, reported
that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full
Council with a favorable recommendation.
-20-
REGULAR MEETING NOVEMBER 24.2003
Mr. Jay Brandenberger, 137 South Ellsworth Place, South Bend, Indiana, made the presentation for
this bill.
Mr. Brandenberger stated that he and his wife propose to build a two (2) story attached garage home
in the northeast neighborhood as part of the redevelopment efforts sponsored by the University of
Notre Dame. It will be a home that will be two thousand four hundred (2,400) square feet and cost
about two hundred eighty thousand dollars ($280,000.00).
There was no one present wishing to speak to the Council either in favor of or in opposition to this
Resolution.
Councilmember King advised that he has noticed that the Resolution appears to have Mr.
Brandenberger's name misspelled. It is listed as Brandenberg and not Brandenberger. Therefore,
Councilmember King made a motion to amend the Resolution to correct this misspelling and all
occurrences of Brandenberg should be changed to Brandenberger. Councilmember Kelly seconded
the motion which carried by a voice vote of nine (9) ayes.
Councilmember King made a motion to adopt this Resolution as amended. Councilmember Varner
seconded the motion which carried by a voice vote of nine (9) ayes.
RESOLUTION NO. 3269 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA CONSENTING TO
AND APPROVING THE ISSUANCE, BY THE SOUTH
BEND REDEVELOPMENT COMMISSION OF BONDS
FOR THE PURPOSES OF PROVIDING FUNDS FOR
REFUNDING OUTSTANDING BONDS AND FINANCING
REDEVELOPMENT PROJECTS IN THE SOUTH BEND
CENTRAL ALLOCATION AREA (SOUTH BEND
ALLOCATION AREA NO. IA) AND PAYING
INCIDENTAL EXPENSES IN CONNECTION THEREWITH
AND ON ACCOUNT OF THE ISSUANCE OF THE BONDS
WHEREAS, on October 17, 2003, the South Bend Redevelopment Commission (the
"Commission ") adopted a resolution authorizing the issuance of bonds in an amount not to exceed
Twenty -Two Million Dollars ($22,000,000) (the "Bonds ") for the purpose of providing funds for
refunding outstanding bonds and financing redevelopment projects in the South Bend Central
Allocation Area (South Bend Allocation Area No. 1A) and paying incidental expenses in connection
therewith and on account of the issuance of the Bonds; and
WHEREAS, IND. Code §36- 7- 14- 25.1(p) provides that the Common Council of the City of
South Bend, Indiana (the "Common Council "), as the legislative body of the City of South Bend,
Indiana, must approve the issuance of the Bonds by the Commission because the aggregate principal
amount of the Bonds is equal to or greater than Three Million Dollars ($3,000,000).
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA AS FOLLOWS:
SECTION 1. The Common Council hereby approves the issuance of the Bonds by the
Commission pursuant to the provisions of IND. Code §36- 7- 14- 25.1(p).
SECTION 2. This Resolution shall be in full force and effect immediately upon its adoption
by the Common Council and approval by the Mayor.
COMMON COUNCIL OF THE CITY OF SOUTH BEND
By: s /Karen L. White
Member of the Common Council
-21-
REGULAR MEETING
NOVEMBER 24, 2003
Councilmember King, Chairperson, Community and Economic Development Committee, reported
that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full
Council with a favorable recommendation.
Mr. Don Inks, Director, Economic Development, 12th Floor, County -City Building, South Bend,
Indiana, made the presentation for this bill.
Mr. Inks stated that this Resolution authorizes the issuance of Redevelopment Bonds in the South
Bend Central Development Area. The Redevelopment Commission has determined that the bonds
are not to exceed twenty -two million dollars ($22,000,000.00). Mr. Inks noted that the bonds will
cover a number of parking improvements in the downtown area and some commitments under
Development Agreements with Environmental Health Labs and the Studebaker Museum.
Mayor Steve Luecke stated that some members of the Council have raised concerns that the City does
not have final construction numbers in for the Studebaker Museum and he wanted to enter a letter
to be part of the official record of this evening's meeting stating his commitment to the Council that
the City will not spend any bond proceed dollars for construction of the Studebaker Museum until
it can be shown that bids have been received to show that the project will be able to come in on
budget. Mayor Luecke presented the following letter for Council consideration and asked for their
favorable action.
November 24, 2003
President Karen White
South Bend Common Council
4th Floor, County -City Building
South Bend, Indiana 46601
Dear Karen:
Concerns have been raised by Councilmembers about not having final construction
costs for the Studebaker National Museum. In order to provide assurance that funds
will be sufficient for this project, we will return to Council after bids have been
received. I commit that we will not spend any of the proceeds of the bond authorized
by Bill No. 03 -119 for construction of the Studebaker National Museum until we
have been able to show you that we are within budget for our dollars.
This will allow us to be able to proceed with construction in a timely manner, rather
than have to issue a new bond at that time. It will also allow you final review of the
project so that you can be assured of its viability. I ask for the Council's favorable
action on this Bill tonight. Thank you.
Sincerely,
s /Stephen J. Luecke, Mayor
City of South Bend
A Public Hearing was held on the Resolution at this time.
There was no one present wishing to speak to the Council either in favor of or in opposition to this
Resolution.
Councilmember Varner advised that the inclusion of the Studebaker Museum in this particular bond
issue for parking related issues appears to be like a fish out of water. He noted that the Studebaker
Museum does not have a parking issue but it has simply been rolled into this bond issue. He stated
that he would guess that that was done to avoid the risk of its going on its own and perhaps being
-22-
REGULAR MEETING NOVEMBER 24, 2003
subject to a separate remonstrance. He noted that he does not have any objections to the idea of a
Studebaker Museum and wishes them the best of luck. However, even though it has been stated that
bond proceeds would not be used, there are other TIF dollar proceeds which might be spent which
would not necessarily guarantee that the cost is what it is supposed to be. He noted that the larger
issue is that there are a number of Working Agreements that are not in place at this point in time.
He stated that he realizes that everyone hopes this project will be a success, however, in the event
that it is not, without Agreements in place the Council is approving a bond issue which will build
a museum and the liability for expenses and shortfalls will fall back on the Council either in the form
of tax dollars or appropriations from other entities. He stated that the Council may be signing a
committed check with regard to initial construction costs but is leaving a door open with regard to
operational costs. He stated that the request last year was for one hundred seventy -two thousand
dollars ($172,000.00) which he does not find objectionable and which is not unreasonable.
However, should that cost grow to two hundred thousand dollars ($200,000.00) or higher on an
annual basis, that is unreasonable and by moving in this fashion without agreements in place the City
is left open to that sort of liability. He stated that the Council has a greater responsibility to the City
then to leave it with that sort of contingent liability. Councilmember Varner stated that while he has
no objections to the other items that are in this Resolution, he does object to moving forward with
the Studebaker Museum without the necessary arrangements and agreements in place and cannot
support this bill for that reason.
Councilmember Kelly 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 eight (8) ayes and one
(1) nay vote by Councilmember Varner.
RESOLUTION NO. 3270 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, APPROVING THE
ISSUANCE OF TAX INCREMENT FINANCE BONDS OF
THE SOUTH BEND REDEVELOPMENT DISTRICT
(AIRPORT ECONOMIC DEVELOPMENT AREA
PROJECT) IN AN AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED SIXTEEN MILLION AND 00 /100
DOLLARS ($16,000,000.00)
WHEREAS, the Common Council of the City of South Bend, Indiana (the "Common
Council), is the legislative body of the City of South Bend, Indiana (the "City"); and
WHEREAS, the South Bend Redevelopment Commission (the "Commission ") is the
governing body of the South Bend Redevelopment District (the "District "); and
WHEREAS, the Commission has previously designated an area in the City known as the
Airport Economic Development Area (the "Area ") to be an economic development area and tax
increment finance allocation area within the meaning of Indiana Code 36 -7 -14 (the "Act'); and
WHEREAS, the Commission has determined to undertake certain local public improvements
in the Area, such local public improvements including without limitation road improvements to
Cleveland Road (from Mayflower to Ralph Jones Drive), Olive Road/Nimtz Parkway, Bendix
Drive /Lincolnway intersection, Bendix Drive Relocation and related right of way property
acquisition and engineering costs and improvements at the Bosch site (collectively, the "Project');
and
WHEREAS, the Commission has previously determined to issue revenue bonds of the
District in an aggregate principal amount not to exceed Thirteen Million and 00 /100 Dollars
($13,000,000.00), and the Common Council, in accordance with the Act, adopted Resolution No.
3190 -03 entitled "A Resolution of the Common Council of the City of South Bend, Indiana,
Approving the Issuance of Tax Increment Financing Revenue Bonds of the South Bend
-23-
REGULAR MEETING
NOVEMBER 24, 2003
Redevelopment District (Airport Economic Development Area Project)" approving the issuance of
such bonds by the Commission; and
WHEREAS, the Commission has since determined that additional funds are necessary to pay
for the Project and has determined to increase the amount of the bonds to be issued by not to exceed
Three Million and 00 /100 Dollars, and thus the Commission has determined to issue revenue bonds
of the District in an aggregate principal amount not to exceed Sixteen Million and 00 /100 Dollars
($16,000,000.00) (the "Bonds "), the principal of and interest on which shall be payable solely from
taxes on real property located in the Area allocated and deposited into the Allocation Fund
previously established by the Commission for the Area pursuant to Section 39 of the Act (the "Tax
Increment "); and
WHEREAS, to permit the Commission to proceed with the issuance of the Bonds in the
increased aggregate principal amount, the Common Council desires to approve of said issuance in
accordance with the Act;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, AS FOLLOWS;
1. The issuance of the Bonds of the District payable from Tax Increment generated in the
Area to finance the costs of the Project in the increased aggregate principal amount not to exceed
Sixteen Million and 00 /100 Dollars ($16,000,000.00), as set forth in the Act, is hereby approved.
2. The Resolution shall be in full force and effect from and after passage by the Common
Council and approval by the Mayor.
COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA
By: Karen L. White
Member of the Common Council
Councilmember King, Chairperson, Community and Economic Development Committee, reported
that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full
Council with a favorable recommendation.
Mr. Don Inks, Director, Economic Development, 12th Floor, County -City Building, South Bend,
Indiana, made the presentation for this bill.
Mr. Inks advised that this Resolution is for the Airport Economic Development area and authorizes
a Redevelopment Bond in an amount not to exceed sixteen million dollars ($16,000,000.00). It
covers a variety of road projects as well as fulfills the City's's commitment to Bosch for site
improvements covered under a Development Agreement.
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 King 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
nine (9) ayes.
RESOLUTION NO. 3271 -03
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA APPROVING THE
ORDER OF THE AREA PLAN COMMISSION OF ST.
JOSEPH COUNTY, INDIANA DETERMINING THAT
SOUTH BEND REDEVELOPMENT COMMISSION
-24-
REGULAR MEETING
NOVEMBER 24, 2003
DECLARATORY RESOLUTION NO. 2016
DESIGNATING THE NORTHEAST NEIGHBORHOOD
DEVELOPMENT AREA AND THE PLAN FOR
DEVELOPMENT OF SAID AREA CONFORMS TO THE
MASTER PLAN OF DEVELOPMENT FOR THE CITY OF
SOUTH BEND AND APPROVING SAID RESOLUTION
NO. 2016 AND THE DEVELOPMENT PLAN
WHEREAS, pursuant to Ind. Code § 36- 7 -14 -1, et seq. ( "Act "), the South Bend
Redevelopment Commission ( "Commission ") has conducted investigations, studies and surveys and
has thoroughly studied the area described herein and on November 17, 2003, the Commission adopted
Resolution No. 2016 designating the area described as follows to be known as the "Northeast
Neighborhood Development Area" ( "Area "):
Beginning at the intersection of the centerlines of the East Race and LaSalle Avenue;
thence East along said centerline of LaSalle Avenue to a point 110 feet West of the
West right -of -way line of Niles Avenue; thence North 159.25 feet; thence East 110
feet to the West right -of -way line of said Niles Avenue; thence Easterly to the
Northwest corner of Lot 71 in the Original Town of Lowell; thence East along the
North line of said Lot 71 to the centerline of the first North -South alley East of Niles
Avenue; thence North along said centerline of said Alley to the centerline of Madison
Street; thence East along said centerline to the centerline of Hill Street; thence South
along said centerline to the centerline of LaSalle Avenue; thence East along said
centerline to the centerline of Sunnyside Avenue; thence North along said centerline
to the centerline of Rockne Drive; thence Northeasterly along said centerline to the
East right -of -way line of Twyckenham Drive; thence North along said East right -of-
way line to the Southwest corner of Lot 38 in Wooded Estates as shown in the Office
of the Recorder of St. Joseph County, Indiana; thence Northeasterly along the
Southeast lines of Lots 38, 37 and 36 to the Southwesterly right -of -way line of White
Oak Drive; thence Northeasterly to the Southwesterly corner of Lot 35 in said
Wooded Estates; thence Northeasterly along the Southeasterly lines of Lots 35, 34,
33, 32, 31 and 30 in said Wooded Estates to the Westerly right -of -way line of Black
Oak Drive; thence Northeasterly to the Northwest corner of Lot 48 in said Wooded
Estates; thence East along the North line of Lots 48, 51, 52, 53 and 54 to the
centerline of Oak Ridge Drive; thence Northerly along said centerline to the
centerline of Edison Road; thence West to the East line of Lot 5 Vacval and
Davidson Subdivision projected South; thence North along said East line and its
projection to the Northeast corner of said Lot 5; thence West to the East property line
of a parcel of land owned by Patrick and Josephine Simeri; thence North to the
Northeast corner of said Simeri parcel; thence West along the North line of Simeri
parcel to the Northwest corner of said Simeri parcel; thence South along the West
line of said Simeri parcel to a point 208.71 feet North of the South line of the
Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph
County, Indiana; thence West parallel with said South line, a distance of 208.71 feet;
thence North to the Northeast corner of the Jamison Inn Condominium; thence West
along the North line of said Jamison Inn Condominium to the centerline of Ivy Road;
thence South along said centerline to the South line of said Southeast Quarter of
Section 31; thence West along said South line to the West right -of -way line of
Vacated Ivy Road projected North; thence South along said vacated West right -of-
way line projected North to the South right -of -way line of Edison Road; thence West
along said South right -of -way line to the West right -of -way line of Twyckenham
Drive as dedicated by the University of Notre Dame; thence Southerly and
Southeasterly along said West right -of -way line to a point 200 feet measured at right
angles to the Northwesterly right -of -way line of South Bend Avenue to a point on the
existing Corp. Line; thence Southwesterly parallel with said South Bend Avenue
along said Corp. Line; thence West along said Corp. Line to the centerline of Eddy
-25-
REGULAR MEETING
NOVEMBER 24, 2003
Street; thence North along the said centerline to the centerline of Edison Road;
thence Southwesterly and Westerly along said centerline and the centerline ofAngela
Boulevard to the West line of Lot 95 University Heights as shown in the Office of
the Recorder of St. Joseph County, Indiana projected North; thence South along the
West lines of Lots 95, 94, 93, 92, 33 and 32 to the Southwest corner of said Lot 32;
thence West along the North lines of Lots 29 thru 6 in University Heights to the
centerline of Lawrence Street; thence South along said centerline to the centerline of
Napoleon Street; thence West along said centerline to the centerline ofNiles Avenue;
thence Southeasterly along said centerline to the centerline of Corby Street; thence
East along said centerline to a point 120 feet West of the first North -South alley East
of Niles Avenue projected North; thence South, to a point 150 feet South of the
South right -of -way line of Corby Street; thence East parallel with said South right -of-
way line to the West right -of -way line of said first North -South alley East of Niles
Avenue; thence South along said West right -of -way line, a distance of 222 feet;
thence Southwesterly, a distance of 260.82 feet; thence Northwesterly, a distance of
85 feet; thence Southwesterly, a distance of 222 feet to the Northeasterly right -of -way
line of Niles Avenue; thence Northwesterly along said right -of -way line, a distance
of 312 feet; thence Northeasterly, a distance of 199.95 feet; thence Northerly, a
distance of 141.54 feet to a point 378.66 feet West of said first North -South alley
East of Niles Avenue to a point on the South right -of -way line of Corby Street;
thence West along said South right -of -way line and its projection West to the East
shore of the St. Joseph River; thence Southerly along said East shore to the
intersection with the centerline of the East Race; thence Southeasterly along said
centerline to the place of beginning containing 616.0 acres more or less.
WHEREAS, the Commission has determined that the Area is contiguous and compact; and
WHEREAS, the Commission has caused to be prepared maps and plats of the Area which
show the boundaries of the Area, the location of various parcels of property, streets, alleys, and other
features affecting the acquisition, clearance, replatting, replanning, rezoning, or redevelopment of
the Area, indicating the parcels of property to be excluded from acquisition and the parts of the Area
to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes; and
WHEREAS, upon such surveys, investigations, and studies being made, the Commission has
found and determined in its Resolution No. 2016, that the Area is blighted to the extent that such
blighted conditions cannot be corrected by regulatory processes or by the ordinary operations of
private enterprise without resort to the provisions of the Act and that the public health and welfare
would be benefitted by acquisition in and redevelopment of the Area under the provisions of the Act;
and
WHEREAS, the Commission has in its Resolution No. 2016 adopted the Northeast
Neighborhood Development Area Development Plan ( "Development Plan ") to serve as the plan for
the redevelopment of the Area and approved conditions under which relocation payments will be
made within the Area and established an Allocation Area for purposes of tax incremental financing;
and
WHEREAS, in accordance with the Act, the Commission has submitted its Resolution No.
2016 together with the Development Plan and supporting data to the Area Plan Commission of St.
Joseph County, Indiana ( "Plan Commission ") for approval; and
WHEREAS, the Plan Commission by its Resolution No. 146 -03, adopted on November 18,
2003, approved, ratified and confirmed Commission Resolution No. 2016 and the Development Plan
without modification and further, the Plan Commission determined that Resolution No. 2016 and
the Development Plan conform to the Master Plan of Development for the City of South Bend; and
WHEREAS, the Common Council has received from the Commission certain proposed
-26-
1
�J
1
REGULAR MEETING NOVEMBER 24, 2003
findings of fact as set forth in the Commission's Resolution No. 2016 which concern the location,
physical condition of structures, land use, environmental influences and other economic conditions
of the Area; and
WHEREAS, the Common Council is cognizant of the conditions that are imposed by Title
VI of the Civil Rights Act of 1964, as amended and is further, cognizant of the views of the
residents, taxpayers and merchants in the Area; and
WHEREAS, the South Bend Common Council, as governing body of the City, is required
by the Act to approve the order of the Plan Commission and is further required to adopt the
Development Plan before the Commission may proceed with acquisition in the Area or otherwise
implement the Development Plan.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Common Council, as follows:
Section 1. The order of the Area Plan Commission of St. Joseph County, Indiana as
expressed in its Resolution No. 146 -03 of November 18, 2003 as attached hereto and incorporated
herein at Exhibit "A ", is in all respects, approved.
Section 2. The Common Council hereby finds and determines that, based upon the evidence
presented consisting of maps and plats of the Area and the proposed findings of fact submitted to
it, that the Area, which has been found by the Commission to be blighted, is blighted to an extent
that cannot be corrected by regulatory processes or by the ordinary operation of private enterprise
without resort to the provisions of the Act and that the public health and welfare will be benefitted
by the acquisition and redevelopment of the Area.
Section 3. The Common Council hereby finds and determines that the objectives of the
Development Plan cannot be achieved without extensive rehabilitation of the Area consistent with
the Development Plan.
Section 4. The Common Council hereby finds that the Area is contiguous and compact.
Section 5. The Common Council hereby recognizes the need for considering the views of
the residents, taxpayers, and merchants in the Area in the redevelopment of the Area.
Section 6. The Common Council hereby assures the United States of America full
compliance with the provisions of Title VI of the Civil Rights Act of 1964, as amended.
Section 7. The Common Council hereby finds and determines that South Bend
Redevelopment Commission Resolution No. 2016 dated November 17, 2003 and the Development
Plan are in all respects approved and adopted.
Section 8. The Common Council hereby directs the City Clerk to file certified copies hereof
together with the minutes of this meeting.
Section 9. 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, South Bend Common Council
Councilmember King, Chairperson, Community and Economic Development Committee, reported
that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full
Council with a favorable recommendation.
-27-
REGULAR MEETING
NOVEMBER 24, 2003
Ms. Jennifer Hughes, Economic Development Division, 12th Floor, County -City Building, South
Bend, Indiana, made the presentation for this bill.
Ms. Hughes advised that this Resolution is the third step in the process of designating a new
Development Area for the City of South Bend. She noted that there are currently five (5)
Development Areas and this will be the sixth such area which is the Northeast Neighborhood
Development Area. Ms. Hughes noted that a Declaratory Resolution was passed by the
Redevelopment Commission on November 17th approving a Development Area Plan for this
neighborhood. On November 18th a Resolution was passed by the Area Plan Commission of St.
Joseph County which signifies that this Plan is in conformance with the Comprehensive Plan for the
County. The statute now requires that this Plan and the Resolution come before the Common
Council for approval before the process can continue. With the approval of the Council, with any
amendments, a Confirming Resolution will come before the Redevelopment Commission on
December 19th at which time a Public Hearing will be held before the Redevelopment Commission
is asked to take final action. Ms. Hughes noted that the area affected by this Plan is approximately
six hundred sixteen (616) acres in size with its boundaries being the St. Joseph River to the west,
Twyckenham Drive to the east, Napoleon and the current South Bend City limit boundary to the
north and LaSalle to the south. She noted that Map #8 in the Development Area Plan outlines the
boundaries of the area and also illustrates some sub areas that have been identified in the Plan for
strategic economic development strategies. Ms. Hughes noted that improvements to State Road 23
and five (5) points include some commercial development and neighborhood scaled mixed use
development. The potential reuse of the St. Joseph's Medical Center site, and the growth of the
Madison Center campus at its periphery are all major components of the Plan as well as some home
ownership preservation strategies and targeted housing redevelopment.
Ms. Hughes noted that the strategic Revitalization Plan calls for a renewed social center and a
commercial node at the center of the neighborhood which is missing. She stated that a lot of the
residents miss the commercial opportunities and being able to walk to a neighborhood store for
convenience. Also, revitalization of Eddy Street is called for in this Plan as well as clean up of the
street scape and uniform setbacks. These are the principals that have been incorporated into the
Redevelopment Plan. Ms. Hughes noted that the neighborhood residents have had a great deal of
input into the Plan beginning in 1998. This Plan also calls for a renewed emphasis on partnerships
with the institutions in the neighborhood including the University of Notre Dame, Madison Center
and Memorial Hospital. The creation of the northeast neighborhood revitalization organization has
been strongly influential in this process in working hand in hand with the City in what can only be
described as a very commendable partnership process and a model to go forward with.
Ms. Hughes noted that the neighborhood institutions that are currently present at five (5) points have
been working with this process in making sure that these institutions will remain. These include
Perley Elementary School, the First AME Zion Church and the Robinson Center which are all
critical to the identity of the neighborhood. They also wanted to make sure that this neighborhood
still looks like the northeast neighborhood and they will introduce the incremental changes that will
make it a better neighborhood for everyone. They fell that they have done this and have gotten a
great deal of neighborhood support, have done a lot of consensus building and have taken the time
to do it right. Ms. Hughes asked for the Council's favorable approval of this Resolution and noted
that the Plan will then proceed to the Redevelopment Commission for final action.
Councilmember Varner asked for a clarification in that State Road 23 is part of this Plan although
the decisions on that area have not been made. He noted that one of the concerns expressed to him
is that the creation of this area allows for eminent domain proceeding. He stated that he wanted to
make sure that this document does not make it easier for the state or some entity to take property.
Ms. Hughes responded that actually they are two (2) separate issues. She noted that this Plan creates
a redevelopment area which carries with it those powers. The state's decision however is it's own
and will come with it's own relocation guidelines. Every development area or redevelopment area
that is set forth comes with uniform relocation policies that are aimed to be fair across the board.
She stated that they would hope that people who are impacted in any way would choose to locate in
la
1
1
F-�
REGULAR MEETING NOVEMBER 24, 2003
the northeast neighborhood and the City will work hand in hand with those people. The impact of
State Road 23 is left to be seen. If that should happen, the City would like to work with it in terms
of the overall plan. She noted that they do see a roll for the Redevelopment Commission to work
with any decisions that have to be made along those lines. Councilmember Varner stated that the
specific answer then is that this does not make it any easier. Ms. Hughes stated that he is correct
and that they are very separate issues.
Councilmember Pfeifer commended Ms. Hughes and Councilmember King and the NNRO for all
the work they have done. She noted that they have gone to great lengths to make sure that everyone
was at the table. Councilmember Pfeifer encouraged Ms. Hughes to continue communication with
people who may feel that they still don't quite understand.
A Public Hearing was held on the Resolution at this time.
Mr. Phil Byrd, South Bend Heritage Foundation and NNRO Coordinator, advised that the Plan
before the Council tonight is the outgrowth of a number of plans developed over several years. A
good portion of the current Redevelopment Plan is based on recommendations developed in 1998
and 1999 by the Neighborhood Housing Services and a number of consultants. Their effort was to
work with the northeast residents with the goal of maintaining the uniqueness of the neighborhood
while encouraging commercial and residential development while providing the framework to
encourage development. The Redevelopment Plan strives to protect the neighborhood uniqueness
and strong sense of community. The Plan is designed to address the issues relevant to economic
growth. The Plan looks at some deterioration in housing trends, some disinvestment in the
community and addresses those issues that hopefully will cause future investments.
Mr. Richard Nussbaum, Attorney for the Northeast Neighborhood Revitalization Organization, 210
South Michigan Street, South Bend, Indiana, advised that approximately four (4) years ago
Councilmember King and Lou Nani of Notre Dame asked him to serve as attorney for this
organization. One of the fruits of his work with this organization is what is happening this evening.
Mr. Nussbaum commended the South Bend Heritage Foundation, the Redevelopment Commission
of the City of South Bend and its staff, the Council through Councilmember King and all of the
members of the NNRO which include neighborhood residents, institutions including the hospitals,
Madison Center, University of Notre Dame and the City of South Bend. He stated that this Plan
is a good thing for this area and is one part of the whole effort that is going on. There are a couple
of new homes that are being built in the area and other homes that, are being revitalized. Mr.
Nussbaum asked for the Council's continued support.
Councilmember King advised that this process has been going on for a long time and there have been
a lot of people involved. He stated that he is one of many who invested a great deal of effort and
time and passion in this project. He stated that on the very day he was sworn in as a Councilmember
he attended a meeting at Perley School in which the rough draft of the 1998 Plan was discussed and
there have been countless meetings with many people over the last five (5) years. He stated that in
his own work in the neighborhood he knows that there was broad support and enthusiasm in the
neighborhood for this Plan which in the end is the key ingredient to success. In the end it is the
people who live within the neighborhood that will make a revitalization work and he believes that
that has been achieved and the will of the people who want to support this issue is captured in the
Plan that was written by Ms. Hughes who he thanked and complimented for her effort. He noted
that this has been an interesting project and it will be interesting to watch what things this will enable
the neighborhood to achieve in the future. He stated that the City will be proud of it, will be
pleased with the end results, and will be happy that the Council took this action.
There was one else present wishing to speak in favor of this bill and there was no one present
wishing to speak in opposition to this bill.
Councilmember Kelly made a motion to adopt this Resolution. Councilmember King seconded the
motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes.
-29-
1_
REGULAR MEETING
NOVEMBER 24, 2003
RESOLUTION NO. 3272 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE
MAYOR TO SUBMIT AN APPLICATION TO THE
UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY FOR BROWNFIELD ASSESSMENT,
REVOLVING LOAN FUND AND CLEANUP GRANTS
WHEREAS, the United States Environmental Protection Agency has financial assistance for
brownfield revitalization, including grants for assessment, cleanup and establishing revolving loan
funds; and
WHEREAS, the Environmental Protection Agency has provided a format whereby the City
of South Bend can submit an Initial Proposal including requests for several different grants; and
WHEREAS, the City of South Bend intends to request a $2000,000 Assessment Grant, a
$250,000 Revolving Loan Fund Grant and up to five Cleanup Grants at a maximum of $200,000
each; and
WHEREAS, the Mayor is the Chief Executive Officer of the City and is the appropriate
applicant for the Environmental Protection Agency Grants.
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
apply to the United States Environmental Protection Agency for a $2000,000 Assessment Grant, a
$250,000 Revolving Loan Fund Grant and up to five Cleanup Grants at a maximum of $200,000 .
each and to execute all documents related to any grants awarded.
SECTION H. That the Mayor of the City of South Bend, Indiana, shall file with the Common
Council a complete copy of the application(s) submitted to the United States Environmental
Protection Agency.
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 Environmental Protection Agency.
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 Assessment Grant, Cleanup Grants and Revolving Loan Fund 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 Varner, Chairperson, Public Works and Property Vacation Committee, had a
committee meeting on this bill and it comes to the Council favorably.
Mr. Andy Laurent, Division of Economic Development, 12th Floor, County -City Building, South
Bend, Indiana, made the presentation for this bill.
Mr. Laurent advised that this bill authorizes the submission of grant applications to the United
States Environmental Protection Agency's Brownfield Program. With Council and Mayoral
-30-
REGULAR MEETING NOVEMBER 24, 2003
approval the Division of Economic Development will submit four (4) applications the first of which
is a Brownfield Clean Up Grant for the former South Bend Stamping plant property in the amount
of two hundred thousand dollars ($200,000.00). Those monies will be used to clean up
environmentally impacted wood block flooring in about a third of the complex. The second
proposal is a clean up grant in the amount of two hundred thousand dollars ($200,000.00) for the
former Oliver Plow Works site to address a chlorinated solvent source area in the ground water. The
third proposal is a City Wide Brownfield Site Assessment Grant in the amount of two hundred
thousand dollars ($200,000.00). Those monies will be used to assess and characterize sites
throughout the City for their brownfield and environmental impacts. The fourth application is for
two hundred fifty thousand dollars ($250,000.00) and is a Revolving Loan Fund Grant application
which will be used to be loaned to City or private development efforts to fund cleanups on privately
owned properties.
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
Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine
(9) ayes.
BILLS - FIRST READING
BILL NO. 91 -03 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
APPROPRIATING $126,081 RECEIVED FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT'S EMERGENCY SHELTER GRANT
PROGRAM
This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community
and Economic Development Committee and set it for Public Hearing and Third Reading on
December 8, 2003. Councilmember Coleman seconded the motion which carried by a voice vote
of nine (9) ayes.
BILL NO. 92 -03 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND
APPROPRIATING $3,505,400 FROM THE COMMUNITY
DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE
OF DEFRAYING THE EXPENSES OF THE
DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT OF THE CITY OF SOUTH BEND,
INDIANA, AND DESIGNATED SUBGRANTEE
AGENCIES FOR THE PROGRAM YEAR BEGINNING
JANUARY 1, 2004, TO BE ADMINISTERED THROUGH
THE DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT
This bill had first reading. Councilmember Coleman made a motion to refer this bill to the
Community and Economic Development Committee and set it for Public Hearing and Third Reading
on December 8, 2003. Councilmember Varner seconded the motion which carried by a voice vote
of nine (9) ayes.
-31-
REGULAR MEETING
NOVEMBER 24, 2003
BILL NO. 93 -03 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
APPROPRIATING $595,571 WITHIN FUND 212,
COMMUNITY DEVELOPMENT FUND, FOR THE
PURPOSE OF DEFRAYING THE ADMINISTRATIVE
COSTS OF THE DEPARTMENT OF COMMUNITY &
ECONOMIC DEVELOPMENT
This bill had first reading. Councilmember Coleman made a motion to refer this bill to the
Community and Economic Development Committee and set it for Public Hearing and Third Reading
on December 8, 2003. Councilmember Varner seconded the motion which carried by a voice vote
of nine (9) ayes.
BILL NO. 94 -03 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
APPROPRIATING $48,920 FROM FUND 210, THE
ECONOMIC DEVELOPMENT STATE GRANT FUND,
FOR THE PURPOSE OF ASSISTING IN THE SUPPORT
OF THE DIVISION OF ECONOMIC DEVELOPMENT'S
ADMINISTRATIVE BUDGET
This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Community
and Economic Development Committee and set it for Public Hearing and Third Reading on
December 8, 2003. Councilmember Coleman seconded the motion which carried by a voice vote
of nine (9) ayes.
BILL NO. 95 -03 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
TRANSFERRING $407,914 AMONG VARIOUS
ACCOUNTS WITHIN FUND 212 "COMMUNITY
DEVELOPMENT" IN THE DEPARTMENT OF
COMMUNITY AND ECONOMIC DEVELOPMENT
This bill had first reading. Councilmember Coleman made a motion to refer this bill to the
Community and Economic Development Committee and set it for Public Hearing and Third Reading
on December 8, 2003. Councilmember Varner seconded the motion which carried by a voice vote
of nine (9) ayes.
BILL NO. 96 -03 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND
INCREASING APPROPRIATIONS AND DECREASING
APPROPRIATIONS WITHIN THE VARIOUS
DEPARTMENTS WITHIN THE VARIOUS FUNDS OF
THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR
2003
This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Personnel
and Finance Committee and set it for Public Hearing and Third Reading on December 8, 2003.
Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes.
-32-
REGULAR MEETING NOVEMBER 24, 2003
BILL NO. 97 -03 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND
TRANSFERRING MONIES FROM VARIOUS
ACCOUNTS TO VARIOUS ACCOUNTS WITHIN
DEPARTMENTS WITHIN THE VARIOUS FUNDS OF
THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR
2003
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 December 8, 2003.
Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 98 -03 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
APPROPRIATING $124,525.00 OF SECTION 108 LOAN
PROJECT INCOME, PLUS INTEREST EARNED
THEREON (FUND NO. 212), FOR USE IN
REHABILITATION, CONSTRUCTION AND
REDEVELOPMENT ACTIVITIES
This bill had first reading. Councilmember Coleman made a motion to refer this bill to the
Community and Economic Development Committee and set it for Public Hearing and Third Reading
on December 8, 2003. Councilmember Kelly seconded the motion which carried by a voice vote of
nine (9) ayes.
BILL NO. 99 -03 FIRST READING ON A BILL FOR SPECIAL
APPROPRIATION OF $260,000 FROM WATER WORKS
GENERAL FUND ( #620) AND TRANSFER OF SAID
FUNDS TO WATER LEAK INSURANCE FUND ( #644)
TO COVER UNANTICIPATED SHORTFALL AND LOAN
REPAYMENT
This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities
Committee and set it for Public Hearing and Third Reading on December 8, 2003. Councilmember
Varner seconded the motion which carried by a voice vote of nine (9) ayes.
UNFINISHED BUSINESS
REPORT FROM AREA PLAN COMMISSION:
It is noted that the Council is in receipt of recommendations from the Area Plan Commission
of St. Joseph County, for the following ordinances:
BILL NO. 81 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, REPEALING AND REPLACING
THE FOLLOWING PROVISIONS OF THE SOUTH BEND
MUNICIPAL CODE, NAMELY CHAPTER 21, ARTICLES 1
THROUGH 11, EXCLUDING ARTICLES 6.5 AND 8, WITH
THOSE ARTICLES NOT REPEALED BEING RENUMBERED,
AND THE INCLUSION OF NEW ZONING MAPS, ALL OF
WHICH SHALL BE ENTITLED "THE CITY OF SOUTH BEND
ZONING ORDINANCE"
Councilmember Coleman made a motion to accept the second substitute version of this bill
-33-
REGULAR MEETING
NOVEMBER 24, 2003
and set it for Public Hearing on January 26, 2004. Councilmember Varner seconded the
motion which carried by a voice vote of nine (9) ayes.
BILL NO. 82 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT THE NORTHEAST CORNER OF
BENDIX DRIVE & CLEVELAND ROAD IN THE CITY OF
SOUTH BEND, INDIANA
Councilmember Coleman made a motion to accept the substitute version of this bill and set
it for Public Hearing on December 8, 2003. Councilmember Varner seconded the motion
which carried by a voice vote of nine (9) ayes.
BILL NO. 83 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 3566 DOUGLAS ROAD IN THE CITY
OF SOUTH BEND, INDIANA
Councilmember Pfeifer made a motion to refer this bill to the Zoning and Annexation
Committee and set it for Public Hearing and Third Reading on December 8, 2003.
Councilmember Coleman seconded the motion which carried by a voice vote of nine (9)
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 speak to the Council at this time.
ANNOUNCEMENT OF NEXT MEETING DATE
President White advised that the next meeting of the Council will be held on Monday, December 8,
2003.
ADJOURNMENT
There being no further business to come before the Council, President White adjourned the meeting
at 8:45 p.m.
ATTEST:
Lorett . Dt d , City erk
-34-
ATTEST:
41 4
aren L. White, Pre ident
1
1