Loading...
HomeMy WebLinkAbout08-12-13 CommonCouncil Meeting Minutes REGULAR MEETING AUGUST 12, 2013 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, August 12, 2013 at 7:00 p.m. The meeting was called to order by Council President Derek Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Tim Scott 1 District nd Henry Davis, Jr. 2 District rd Valerie Schey 3 District th Fred Ferlic 4 District th Oliver J. Davis 6 District, Vice-President th David Varner 5 District Derek Dieter At-Large, President Gavin Ferlic At-Large Karen L. White At-Large, Chairperson Committee of the Whole OTHERS PRESENT: John Voorde City Clerk Janice I. Talboom Deputy Mary Beth Wisniewski Chief Deputy Absent: Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Schey made a motion that the minutes of the July 22, 2013, meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE KATHRYN ROOS CHIEF OF STAFF RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:02 p.m. Councilmember Oliver Davis 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 White, Chairperson, presiding. Councilmember White, 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 White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. 1 REGULAR MEETING AUGUST 12, 2013 PUBLIC HEARINGS BILL NO. 31-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 14, ARTICLE 9, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE COMMUNITY CAMPUS ADVISORY COALITION (CCAC) Councilmember Oliver Davis, Chairperson, Community Relations Committee, advised that the Community Relations Committee along with the Residential Neighborhoods Committee held a joint meeting on this bill this afternoon, and it was the consensus of the both committees to send this bill to the full Council with a favorable recommendation. Councilmember Gavin Ferlic made the presentation for this bill. He advised that since 2007, the Community Campus Advisory Coalition (CCAC) has been actively meeting on a regular basis. As a result of these collaborative efforts, improved communications have taken place between the City of South Bend, our academic neighbors, neighborhood representatives and law enforcement officials have noted that the quality of life issues continue to be positively addressed. He stated that this bill will allow for the following changes to Section 14-52 of the South Bend Municipal Code and also received a favorable recommendation from the CCAC at its last meeting: Increase the CCAC membership from 21 to 24; Deletes “City Attorney” and inserts “Corporation Counsel”; Adds an Ivy Tech Community College member; Adds a member of the St. Joseph County Association of Realtors; Adds the St. Joseph County Sherriff as a member; corrects the title of the Alcohol Beverage Board; Changes the meetings from monthly to quarterly; and would allow the CCAC meeting minutes to be posted on the Council’s website for information purpose. He stated that the St. Joseph County Sheriff as well as local realtors and representatives from Ivy Tech have participated in the CCAC meeting in the past and their input has been enlightening and therefore we believe that they should be added to the CCAC membership. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 32-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 19, SECTION 2-213; CHAPTER 19, ARTICLE 3, SECTION 19-63 (c) (2); AND CHAPTER 20, ARTICLE 9, SECTIONS 20-112 AND 20-113.4 ADDRESSING PENALTIES FOR HANDICAPPED PARKING VIOLATIONS Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, Health & Public Safety Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Aladean DeRose, Assistant City Attorney, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. 2 REGULAR MEETING AUGUST 12, 2013 Ms. DeRose advised that during the 2013 session of the Indiana General Assembly, the State penalty for infractions related to parking unlawfully in spaces reserved for persons with a physical disability was increased from $50.00 to $100.00, effective, July 1, 2013. By State statute (IC 5-16-9-9(b)), any local law which regulates such parking, as South Bend does, must be consistent with State law. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individual spoke in favor of this bill: Sam Brown, 415 LaSalle, South Bend, Indiana, asked what happens when a handicapped spot that was designated on a residential street for a disable person and that person dies. Ms. DeRose stated that they would like to be informed of cases like that. She stated that if a designated handicapped spot is not needed please inform the Department of Public Works to have that location and sign removed. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 33-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2013 Councilmember Dieter made a motion to continue this bill until the August 26, 2013 meeting of the Council. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 34-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2013 OF $124,256 FROM GENERAL FUND (#101), $35,000 FROM PARKS & RECREATION FUND (#201), $110,000 FROM MOTOR VEHICLE HIGHWAY FUND (#202), $10,752 FROM GIFT, DONATION, BEQUEST FUND (#217), $1, 665, 000 FROM EMS CAPITAL IMPROVEMENT FUND (#288), $500 FROM HAZMAT FUND (#289), $40,460 FROM INDIANA RIVER RESCUE FUND (#291), $184,502 FROM COUNTY OPTION INCOME TAX FUND (#404), AND $60,000 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND (#408) Councilmember Dieter made a motion to continue this bill until the August 26, 2013 meeting of the Council. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. 3 REGULAR MEETING AUGUST 12, 2013 BILL NO. 35-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $82,000 FROM SOLID WASTE FUND (#610), $180,000 FROM SOLID WASTE DEPRECIATIONS FUND (#611), $739,667 FROM WATER WORKS BOND CAPITAL FUND (#623), $336,502 FROM SEWAGE WORKS GENERAL FUND (#641) $274,502 FROM SEWAGE WORKS CAPITAL FUND (#642), $1,080,895 FROM SEWAGE WORKS SINKING FUND (#649), $2,438,088 FROM SEWAGE WORKS DEBT SERVICE RESERVE FUND (#653), $81,065 FROM 2013 SEWER REFUNDING BOND FUND (#664) AND $611,752 FROM CENTURY CENTER OPERATING FUND (#670) Councilmember Dieter made a motion to continue this bill until the August 26, 2013 meeting of the Council. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Dieter made a motion to rise and report to full Council. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:13 p.m. Council President Derek Dieter, presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10245-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 14, ARTICLE 9, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE COMMUNITY CAMPUS ADVISORY COALITION (CCAC) This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 4 REGULAR MEETING AUGUST 12, 2013 ORDINANCE NO. 10246-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 19, SECTION 2-213; CHAPTER 19, ARTICLE 3, SECTION 19-63 (c) (2); AND CHAPTER 20, ARTICLE 9, SECTIONS 20-112 AND 20- 113.4 ADDRESSING PENALTIES FOR HANDICAPPED PARKING VIOLATIONS This bill had third reading. Councilmember Scott made a motion to amend this bill as in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Scott made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 4270-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1724 S. MAIN ST., SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1724 S. Main St. South Bend, Indiana 46613 In order to permit: a gymnastics studio in a “LI” District and a variance from the required 334 parking spaces to 40. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 5 REGULAR MEETING AUGUST 12, 2013 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21- 09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Dr. Fred Ferlic, Chairperson, Zoning & Annexation 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. Charles Bulot, Building Commissioner, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Bulot advised that the petitioners are seeking a Special Exception to allow a gymnastics studio in a “LI” District. Mr. Bulot stated that the Area Board of Zoning Appeals gave it a public hearing on July 3, 2013 and sends this bill to the Common Council with a favorable recommendation. Thomas Williamowski, Board President, JOYS Gymnastics, 54879 Davenport Road, South Bend, Indiana, made the presentation for this bill. Mr. Williamowski advised that JOYS Gymnastics is dedicated to providing a nurturing environment for youth in our community. He stated that they have been in the community for over 40 years and began at the YMCA. He stated that they are dedicated to working with neighbors to solve common problems and to be an asset to the neighborhood. He stated that we help youth to excel not only in athletics, but in life itself. A Public Hearing was held on the Resolution at this time. The following individual spoke in favor of this bill: Rev. Greg Brown, 1238 Diamond, South Bend, Indiana, spoke in favor of this bill. Rev. Brown stated that he used to go to the YMCA gymnastics classes and stated that. He urged the Council for their favorable recommendation. There being no one else present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember White made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 6 REGULAR MEETING AUGUST 12, 2013 RESOLUTION NO. 4271-13 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS – SECTION 2, 2322, 2330, 2338, 2402, 2408, 2416, 2424, 2432, 2323, 2331, 2339, 2405, 2413, 2421, 2509, 2517 BASIN STREET, 2440 BASIN STREET OR 5511 RUNNING DEER DRIVE, 2429 BASIN STREET OR 5469 BALBOA PARK AVENUE, AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as Lots Address Tax Key #s 32 2322 Basin Street 026-1035-059901 ____________ 33 2330 Basin Street 026-1035-059903 34 2338 Basin Street 026-1035-059902 35 2402 Basin Street 026-1035-059904 36 2408 Basin Street 026-1035-059905 37 2416 Basin Street 026-1035-059906 38 2424 Basin Street 026-1035-059907 39 2432 Basin Street 026-1035-059908 40 2440 Basin Street or 5511 Running Deer Drive 026-1035-059910 41 2323 Basin Street 026-1035-059909 42 2331 Basin Street 026-1035-059911 43 2339 Basin Street 026-1035-059912 44 2405 Basin Street 026-1035-059913 45 2413 Basin Street 026-1035-059914 46 2421 Basin Street 026-1035-059915 47 2429 Basin Street or 5469 Balboa Park Avenue 026-1035-059916 88 2509 Basin Street 026-1035-059917_____________________ 89 2517 Basin Street 026-1035-059918 ______ all in Crescent Oaks – Section 2, South Bend, Indiana, and which is more particularly described as follows: A PARCEL OF LAND BEING A PART OF PARENT PARCEL OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, CITY OF SOUTH BEND, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 DEGREES 16 MINUTES 29 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1988.74 FEET TO THE SOUTHWEST CORNER OF CRESCENT OAKS, SECTION ONE A ; A REPLAT OF CRESCENT OAKS SECTION ONE, AS RECORDED UNDER INSTRUMENT NUMBER 0839817 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST ALONG THE SOUTH LINE OF SAID CRESCENT OAKS , SECTION ONE A, A DISTANCE OF 706.23 FEET TO THE SOUTHEAST CORNER OF CRESCENT OAKS SECTION ONE A, AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 31 MINUTES 01 SECONDS WEST, 7 REGULAR MEETING AUGUST 12, 2013 ALONG THE EAST LINE OF CRESCENT OAKS SECTION ONE A, A DISTANCE OF 134.72 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 59 SECONDS WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION ONE A , A DISTANCE OF 10.93 FEET; THENCE NORTH 00 DEGREES 31 MINUTES 01 SECONDS WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION ONE A , A DISTANCE OF 188.50 FEET THENCE SOUTH 89 DEGREES 33 MINUTES 02 SECOND EAST; A DISTANCE OF 469.66 FEET; THENCE SOUTH 10 DEGREES 13 MINUTES 03 SECONDS WEST, A DISTANCE OF 1.91 FEET; THENCE SOUTH 79 DEGREES 46 MINUTES 57 SECONDS EAST, , A DISTANCE OF 60.00 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST, A DISTANCE OF 76.58 FEET; THENCE SOUTH 83 DEGREES 32 MINUTES 59 SECONDS EAST, A DISTANCE OF 73.42 FEET; THENCE SOUTH 05 DEGREES 06 MINUTES 09 SECONDS WEST, A DISTANCE OF 116.50 FEET; THENCE SOUTH 02 DEGREES 05 MINUTES 00 SECONDS WEST, A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 03 SECONDS EAST, A DISTANCE OF 121.31 FEET TO THE NORTH LINE OF DEER HOLLOW SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0443949 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST ALONG SAID NORTH LINE OF DEER HOLLOW AND THE NORTH LINE OF STONEHEDGE ESTATES, SECTION THREE, PART TWO AS RECORDED UNDER INSTRUMENT NUMBER 9516217 IN THE OFFICE OF THE RECORDER IN ST. JOSEPH COUNTY , A DISTANCE OF 651.78 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 4.81 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1- 12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented 8 REGULAR MEETING AUGUST 12, 2013 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of the adoption of the Declaratory Resolution by the Common Council as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Scott made a motion to accept the substitute version of this bill as on File in the Office of the City Clerk. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. th Aladean DeRose, Assistant City Attorney, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. DeRose advised in my opinion the statute has changed and because the Council has not approved an abatement schedule previously for this property, it is required that there be an abatement schedule for this property and I believe that were are going to amend the Declaratory Resolution to provide that and now change the abatement that was previously established, but did not include an actual schedule that will be attached to the Resolution. That will be the format that we will use by statute. Daryl Knip, Abonmarche Consultants, Inc., 750 Lincolnway East, South Bend, Indiana, made the presentation for the Resolutions on behalf of the owner/developer Tampico Developments, LLC. 9 REGULAR MEETING AUGUST 12, 2013 Mr. Knip advised that they are requesting a new five (5) year Residential Property Tax Abatement and an extension. He stated since the initial tax abatement was granted in 2008, the housing market slowed considerably; therefore, only 18 lots out of the proposed 80 lots in the initial tax abatement is scheduled to expire later this year. The extension is for Lot 3 Crescent Oaks, Section 1A. He stated that this property is the last remaining lot to be developed within this section of Crescent Oaks. All the other lots within this section have been developed and are benefitting from the tax abatement. This resolution would allow the owner/developer to extend the tax abatement for an additional year so that they can continue to market this lot with the same benefit. He respectfully requested the Council’s favorable consideration. This being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this substitute Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4272-13 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 773 PULLING STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE – YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOEL & KATHERINE DOSMANN WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 773 Pulling Street, South Bend, Indiana, and which is more particularly described as follows: Lot 102, in Royal Oak Estates, Section 2, as per Plat thereof recorded January 22, 2003 as Instrument No. 0303821, in the Office of the Recorder of St. Joseph County, Indiana , and this property has Tax Key Number 023-1018-0381.59be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: 10 REGULAR MEETING AUGUST 12, 2013 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Gavin Ferlic made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. Joel Dosmann, 13733 Hill Street, Mishawaka, Indiana, made the presentation for this bill. 11 REGULAR MEETING AUGUST 12, 2013 Mr. Dosmann advised that he and his wife intend to construct a 2,300 square foot, single-family home. The cost of the home is approximately $214,000. Total taxes abated during the five (5) year abatement period are estimated to be $8,769.00 and total taxes to be paid are estimated to be $3,162.00. 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 Scott made a motion to adopt this Resolution as substituted. Councilmember Gavin Ferlic seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4273-13 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1047 LINCOLN WAY EAST TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CROOKED EWE, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1047 Lincoln Way East, South Bend, Indiana, and which is more particularly described as follows: Parcel 1: Lots G Two (G-2), F Two (F-2) and E Two (E-2) as shown on the recorded Plat of Wenger and Krieghbaum’s Vistula Avenue Addition, more fully described as beginning on the West edge of the St. Joseph River on the line between lots “G-2” and “H-2” as shown on the recorded Plat of Wenger and Krieghbaum’s Vistula Avenue Addition: thence Southwest on the line between said “Lots “G-2” and “H-2” to Lincoln Way East; thence Northwest on the Easterly line of Lincoln Way East 136.7 feet; thence Northeast parallel to the line between said Lots “G-2” and “H-2” 30 feet; thence Northwest parallel to Lincoln Way East 50 feet; thence Northeast parallel to the line between said Lots “G-2” and “H-2”, to the St. Joseph River, thence Southeast along said river to the place of beginning. Parcel II: Lots H Two (H-2) and I Two (I-2) as shown on the recorded Plat of Wenger and Krieghbaum’s Vistula Avenue Addition to the City of South Bend recorded November 17, 1908 in Plat Book 9, page 100 in the Office of the Recorder of Saint Joseph County, Indiana. and which has Tax Key Numbers 018-7017-0684; 018-7017-0682; and 018-7017-0680 presently, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 12 REGULAR MEETING AUGUST 12, 2013 SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. See the attachment required pursuant to Indiana Code 6-1.1-12.1-17. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Scott made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Sean Meehan, 2416 River Avenue, Mishawaka, Indiana, and Andy Walton, St. Rd 2, South Bend, Indiana, made the presentation for this bill. Mr. Meehan advised that they plan to rehabilitate a vacant building which was formerly a VFW Hall into a brew pub. They will manufacture beer for area restaurant, retail stores, and their “storefront”. The building will be renovated in two different sections with one side being the brewery side (2,400 square feet) and the other side the storefront (5,000 square feet.) The storefront will serve manufactured beer on premise as well as packaged beer for take-away. Food will be served on the premises. They intend to build a structure on top of the flat roof to the west which will act as a façade as well as add continuity to the existing structure. This will act as the brewing space. The total cost of rehabilitating the building is approximately $320,000 and the total cost for the equipment is estimated at $114,037. Total taxes to be paid during the 5 year abatement are estimated at $5,032.00 and total new taxes to be paid over the five years are estimated at $4899.00. Per the petition, it is estimated that the project will create 21 permanent, full-time and 5 permanent, part-time jobs within the first year, representing a new annual payroll of $752,460. 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 Schey made a motion to adopt this Resolution as substituted. Councilmember Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4274-13 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1047 LINCOLN WAY EAST AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE 3 YEAR REAL PROPERTY TAX ABATEMENT FOR CEOL MOR PROPERTIES, LLC 13 REGULAR MEETING AUGUST 12, 2013 WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area located at 1047 Lincoln Way East and which is more particularly described as follows: Parcel 1: Lots G Two (G-2), F Two (F-2) and E Two (E-2) as shown on the recorded Plat of Wenger and Krieghbaum’s Vistula Avenue Addition, more fully described as beginning on the West edge of the St. Joseph River on the line between lots “G-2” and “H-2” as shown on the recorded Plat of Wenger and Krieghbaum’s Vistula Avenue Addition: thence Southwest on the line between said “Lots “G-2” and “H-2” to Lincoln Way East; thence Northwest on the Easterly line of Lincoln Way East 136.7 feet; thence Northeast parallel to the line between said Lots “G-2” and “H-2” 30 feet; thence Northwest parallel to Lincoln Way East 50 feet; thence Northeast parallel to the line between said Lots “G-2” and “H-2”, to the St. Joseph River, thence Southeast along said river to the place of beginning. Parcel II: Lots H Two (H-2) and I Two (I-2) as shown on the recorded Plat of Wenger and Krieghbaum’s Vistula Avenue Addition to the City of South Bend recorded November 17, 1908 in Plat Book 9, page 100 in the Office of the Recorder of Saint Joseph County, Indiana. and which has Key Numbers 018-7017-0684; 018-7017-0682; and 018-7017-0680 presently at this point in time, be designated as an Economic Revitalization Area; and WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three 3 years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. See the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Derek D. Dieter Member of the Common Council 14 REGULAR MEETING AUGUST 12, 2013 Sean Meehan, 2416 River Avenue, Mishawaka, Indiana, and Andy Walton, St. Rd 2, South Bend, Indiana, made the presentation for this bill. Mr. Meehan advised that they plan to rehabilitate a vacant building which was formerly a VFW Hall into a brew pub. They will manufacture beer for area restaurant, retail stores, and their “storefront”. The building will be renovated in two different sections with one side being the brewery side (2,400 square feet) and the other side the storefront (5,000 square feet.) The storefront will serve manufactured beer on premise as well as packaged beer for take-away. Food will be served on the premises. They intend to build a structure on top of the flat roof to the west which will act as a façade as well as add continuity to the existing structure. This will act as the brewing space. The total cost of rehabilitating the building is approximately $320,000 and the total cost for the equipment is estimated at $114,037. Total taxes to be abated during the real property tax abatement are estimated at $14,406 and total new taxes to be paid over three years are estimated at $14,506. Per the petition, it is estimated that the project will create 21 permanent, full-time and 5 permanent, part-time jobs within the first year, representing a new annual payroll of $752,460. 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 Schey made a motion to adopt this Resolution as substituted. Councilmember Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4275-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF REAL ESTATE BY THE BOARD OF WORKS WHEREAS, On July 9, 2013, the South Bend Board of Public Works approved Resolution No. 41-2013, a copy of which is attached hereto and incorporated herein as Exhibit 1, which Resolution authorizes the sale of real estate located at 4212 Fellow Street and 4224 Fellows Street, South Bend, St. Joseph County, Indiana; and WHEREAS, under I.C. 36-1-11-4.2, such real estate can be sold by the Board of Public Works following a public hearing and favorable recommendation of the Board of Public Works, as appointee of the City Executive; and WHEREAS, each of the properties referred to herein was acquired pursuant to negotiations with the prior owner(s) as part of the Fellows Street Project and not through the exercise of eminent domain; and WHEREAS, each of the properties should be disposed of pursuant to IC 36-1-11-4.2 in order to facilitate compatible land use planning; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Board of Public Work’s sale of real estate located at 4212 Fellows Street, South Bend, St. Joseph County, Indiana, which is more particularly described as Lot Numbered 5 in Parkside Terrace Minor Subdivision as per plat thereof recorded March 4, 1981, as Instrument Number 8103327, in the Office of the Recorder of St. Joseph County, Indiana: Is approved at a price of not less than the appraised value and in accordance with the provisions of Indiana Code Section 36-1-11-4.2 and pursuant to Board of Public Works Resolution No. 41- 2013 dated July 9, 2013. 15 REGULAR MEETING AUGUST 12, 2013 SECTION II. The Board of Public Work’s sale of real estate located at 4224 Fellows Street, South Bend, St. Joseph County, Indiana, which is more particularly described as Lot Numbered 3 in Parkside Terrace Minor Subdivision as per plat thereof recorded March 4, 1981, as Instrument Number 8103327, in the Office of the Recorder of St. Joseph County, Indiana; is approved at a price of not less than the appraised value and in accordance with the provisions of Indiana Code Section 36-1-11-4.2 and pursuant to Board of Public Works Resolution No. 41-2013 dated July 9, 2013. SECTION III. In its sale of the subject real estate, the Board of Public Works shall comply fully with the terms and conditions of Indiana Code Section 36-1-11-4.2. SECTION IV. This Resolution shall be effective from and after its passage by the Common Council. th Passed and Adopted by the Common Council of the City of South Bend, Indiana, this 12 day of August, 2013. s/Derek D. Dieter Member of the Common Council Councilmember Schey, Vice-Chairperson, Public Works and Property Vacation 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. th Aladean DeRose, Assistant City Attorney, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. DeRose advised that this Resolution is to approve the sale of real estate located at 4212 Fellows Street and 4224 Fellows Street. She stated that on July 9, 2013 the Board of Public Works conducted a public hearing concerning the sale of these two properties. She noted that the sale of this real estate must be approved by the Mayor and the Common Council. Upon approval the property will be sold for no less than the appraised value of the property. A Public Hearing was held on the Resolution at this time. Councilmember Henry Davis asked what the assessed value is. Ms. DeRose stated over $100,000 each, approximately $250,000 for the two combined. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Schey made a motion to adopt this Resolution as substituted. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 36-13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF HARTMAN DRIVE FROM OAK RIDGE DRIVE EAST TO THE EAST PROPERTY LIMITS OF LOTS 87 & 88 WOODED ESTATES This bill had first reading. Councilmember Scott made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on September 9, 2013. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. 16 REGULAR MEETING AUGUST 12, 2013 BILL NO. 37-13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF CEDAR RUNNING WEST FROM EDDY STREET FOR A DISTANCE OF APPROXIMATELY 200 FEET TO IT’S TERMINATION POINT This bill had first reading. Councilmember Scott made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on September 9, 2013. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 38-13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF TAYLOR STREET FROM WESTERN AVENUE SOUTH TO THE FIRST VACATED EAST/WEST ALLEY This bill had first reading. Councilmember Scott made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on September 9, 2013. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 39-13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PUBLIC ALLEY EAST OF MAIN STREET BOUNDED BY WAYNE STREET ON THE NORTH AND WESTERN AVENUE OF THE SOUTH This bill had first reading. Councilmember Scott made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on September 9, 2013. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 40-13 FIRST READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 14- 56 OF CHAPTER 14, ARTICLE 9, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING TEMPORARY RESIDENTIAL ONE-DAY CONDITIONAL USE PARKING PERMIT PROCEDURES AND FEES AND SEASONAL CONDITIONAL USE LAWN PARKING PERMIT This bill had first reading. Councilmember Scott made a motion to refer this bill to the Zoning & Annexation Committee and set it for Public Hearing and Third Reading on August 26, 2013. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 41-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $246,770 FROM CENTURY CENTER CAPITAL FUND (#671) 17 REGULAR MEETING AUGUST 12, 2013 This bill had first reading. Councilmember Scott made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on August 26, 2013. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 42-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2013 OF $6,074,038 FROM EMS CAPITAL IMPROVEMENT FUND (#288) This bill had first reading. Councilmember Scott made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on August 26, 2013. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS BILL NO. 13-54 A RESOLUTION CONFIRMING A PROPERTY TAX EXEMPTION FOR A DATA CENTER LOCATED AT 1400 E. ANGELA Councilmember Scott made a motion made a motion to refer this bill to the Community Investment Committee and set it for Public Hearing and Third Reading on August 26, 2013. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Henry Davis: I wanted to publicly thank the South Bend Police Department for their attention to the matter that I have or am living through right now. The South Bend Police Department and in essence as a Department but, there were two in particular gentlemen that have or obviously three that have been absolutely been very helpful throughout this process of the death threats that I have received. Death threats that I have received and they have handle the situation these two gentlemen with great maturity and professionalism along with some of the officer’s that have been able to and I have noticed through the neighborhood quiet frequently actually as of right now, I do pay attention to my neighborhood quite a bit and so I have seen a bit more police presence in the area as well. But one thing that I wanted to touch upon as it relates to that issue and not only it being about me. I think that we have an opportunity to really talk about fairness, bullying and also the Democratic process as it stands. The Reverend King who talked about freedom of speech and being able to speak freely in our country as it being an asset and a tool for all American citizens. And as of right now due to a lot of my political stances perhaps or my opinions about matters of this city at times I feel like you know those things happen or are like an attack based upon the stances that I have made. Me as an elected representative and official and serving in this capacity I feel like that is my job. I’m elected in a Republic government style government. We have individuals who vote each of us in whether it’s District, City-Wide, etc. and because it is a Republic, they asked us to speak their concerns while we are here at this board. Usually some of the things could be potentially personal however, most of my nay votes and stances have been because of what I have got from the people that I represent and serve that pay me my wages so I actually work for them. So when we really begin to talk about our duty on Council and more specifically my duty fairness is an issue and obviously it goes into bullying if you don’t fit the mold or the order of the day. In which I think that it goes against everything that this country was founded upon, everything that our forefathers and founding fathers put into the government that we chose or that we live up under. The Federal Government speaks against this as well; they have laws for fairness as well that why 18 REGULAR MEETING AUGUST 12, 2013 EEOC reports are filed each year by the City of South Bend and other cities and municipal governments. And that is why we have some many other laws that you know ask for fairness with job sites, inclusiveness with all races, genders and now we are talking about sexual orientation as well being added to that particular law an so when it looks like a lot of (inaudible) given to a person for stances that have been taken due to whatever issues that are out there, it really sends a bad message that you know the freedom of speech is not really free, it seems like there is a censorship that is out there that shows that we are not mature enough to handle other folks opinions and it really slaps and gives a black-eye to the City of South Bend when you have these sorts of issues. Being pulled over at gun point by the South Bend Police Department clearly scares a lot of residents, and has scared a lot of residents, but the conversation goes a lot deeper than me because that is an average conversation at the Barber Shop on a Friday afternoon. That is an average conversation at the supermarket with guys that I have grew up with. So many of the things that I am currently going through are an everyday lifestyle for folks that I know live nd in the 2 District or even outside the district. So I think that it really now an opportunity to build upon some of things that have happened in the city to have a edifying conversation about where we are at, what we really need to do to rid ourselves this dark cloud that is hovering over the city. It doesn’t allow us to grow, quite frankly it Is hurting us, it’s killing us economically, it stops all trust, that may happen between law enforcement and the common resident and just sets a bad, bad precedent for generations to come. We have all seen the videos and marches on Washington and all those different things and we are still fighting a lot of those same fights. But here in South Bend, Indiana, we can do a lot better and I am going to obviously progress the conversation further after today, so that the community can weigh in on conversations that produce fairness. Fairness that could go onto jobs, fairness could go into city services, looking like they are higher in one area versus the other area. Fairness could go into one’s opinion being taking out of context or someone potentially maybe made a spectacle because they feel a certain way about a certain situation. And, I think that as adults as leaders in the city, stewards of the city funds, I think that it is obviously time now, to have that conversation and I think that and I know that if we do have that conversation we are better off later on than where we are at right now, because it looks really, really bad and again this is a lot larger than Henry Davis, Jr., nd Councilman Davis 2 District, it’s a lot larger than me. It’s about folks that are in the community that pay taxes, that live here, raised a family here, that want to be here and remain here, that’s what it is about, and people that want to grow. We all obviously want the same thing, we want good schools, we want good communities, and we want neighborhoods that you know produce good citizens, environments conducive to growth, we all want those things. I think the hang-up always is, is how we get there, you know and what vehicle we choose to use. So, as I digress in comments and my conversation again, I want to thank you to the gentleman from the South Bend Police Department, for their attention, I still have not heard from the Mayor, himself at all, I have not heard from our New Police Chief Ron Teachman, I don’t know what the hang-up is, and you know at this point quite frankly, that’s on them. But, again for those who did call, those who expressed concern, thank you so much. My family is fine, we will remain fine, we will stay prayerful, we will make it through this, but this community needs that edifying conversation, it needs it very fast and very soon. Thank you. 19 REGULAR MEETING AUGUST 12, 2013 PRIVILEGE OF THE FLOOR COMMENTS REGARDING THE CAR WASH ON LINCOLNWAY WEST, SOUTH BEND nd Rev. Greg Brown, 1238 Diamond, South Bend, Indiana, Veronica Flowers, 501 S. 32 Street, South Bend, Indiana. Mr. Brown advised that the car wash on Lincolnway West in South Bend was purchased out of a tax sale, and some youth have been working out there and I have been working with the youth out there on the west side. A party was out there a shooting was out there everybody seen it in the media. Temporary order was signed by the Chief of Police and the City Attorney, a restraining order only one could enter the building with Ms. Flowers. Went to court on Friday, in front of Mr. Gammage, and he lifted it up, so I took some folks out there to clean-up and by evening they were surrounded by police, seven of them, said there was no communication between Teachman and them. Had them out there and Ms. Flowers has a heart monitor on. My thing before the City Council Board is that it seems like its different rules for different things. We have these other families that are standing behind me, right next door to their house $350,000 paid for a strip club, but they were offered a lot less than that. And I stand before the City Council Board asking that we get some rules and some guidelines, we give tax rebates for this, people are trying to better this community and work in this community and it seems like there is some shields put up, some different rules being played with. And we are th watching, were really watching the 14 floor because we aren’t getting any answers. Went to Mayor’s Night Out and talked to the Mayor about it, and he says come back to the City Council Board. So we started at the bottom and now we are here. I’m going to continue to watch, I’m going to continue to come, you know how I end it, If I can’t wake you up (slams hand down on podium) I’m going to shake you up. nd Veronica Flowers, 501 S. 32 Street, South Bend, Indiana, speaking in regard to 1804 Lincolnway West, South Bend, Indiana, a property that I purchased through a tax sale that she bought from the City with the intent to use as a car wash to create some jobs for less fortunate people that get turned down for jobs that they are not eligible for because they have a felony or criminal backgrounds. My intention was to try to help people like myself; I have a felony record that I have been given by the City of South Bend, and it seems like I am being make a mockery of some type. Here is a copy of the court order that took place in the court room. There is a statement in here in regard to that I was told when I left the court that everything was complete and I could go back and operate as a car wash. I was out of town when this took place at a funeral for 92 year old uncle. I got a phone call telling me in regard to the person that I had that th was going to help me run the car wash, on the 13 of last month, sat on my front porch and died. So, that person I no longer have to help me run the car wash. His family had no money, I really had no money, he’s sitting there at the funeral home with no money to embalm him, and so I have to get $2,500 dollars to get this man put away. So, somebody said you could rent to us, so the person that sent in this paperwork for (inaudible) I rented the place to him. When I get it st back, I’ll get a release, just get the money, and get the man put away. On the 21 when the incident took place, the shooting, whoever it was out there in front, went on a shooting spree that night and a young lady lost her life and two other people were shot. (Inaudible) They called me and I went down there and sign some papers for them to go in and do an investigation. They told me if I fight it, that they could get a court order, may take a few hours, but I said no, you don’t have to do it, I will sign the release and you can go it and do whatever you have to do. After I left there about 6:15, I went home and I fell sick. I don’t know what happened and my doctors don’t know what happened. It was my heart and I stopped breathing, and all I wanted to do is create some jobs and have a better life and come out of poverty for myself and anybody else. 20 REGULAR MEETING AUGUST 12, 2013 COMMENTS REGARDING THE SALE OF PROPERTY ON KENDALL Sam Brown, Citizen United for a Better Government, spoke regarding the selling of a strip club for $350,000. He stated that he received a call back just today from David Relos, from Community Investment. He stated that he wanted to get to the truth of the matter. (Inaudible) COMMENTS REGARDING PUBLIC ACCESS COUNSELOR Jesse Davis, P. O. Box 10205, South Bend, Indiana, stated that he wanted to let the Council know that they has been yet another complaint filed with Public Access Counselor down in Indianapolis. He stated that he attended the Mayor’s Night Out last week and sat for over an hour with a video camera and tri-pod in hand and signed in to talk to the Mayor. After sitting there for that period of time I was approached by Kathryn Roos, Mayor’s Chief of Staff, and was told at that point in time that you cannot record in here and that I needed to take my camera and put it back in your vehicle, that I can’t record. I asked Ms. Roos if she was aware of the open door laws and recording laws in Indiana and told her that she might want to talk to legal counsel about that, because it was an open door in a public venue, on the record meeting, so it should have been perfectly legal to record at least audio. I asked her if I could take my video equipment out and come back with just a digital audio recorder and record the audio for my record in case I may have forgotten the conversation and could go back to review the conversation that I was having with the Mayor. She said no, you cannot record in here. I believe that is a violation of the open door law. He stated that he would like to file a copy of that with the City Clerk/Council and also a copy of the complaint that I have filed with the public access counselor and the letter that was sent to the City and to Ms. Roos and he hopes that she respond back in a timely manner, so that we can resolve this problem and hopefully next time she won’t embarrass me in front of an entire crowd of people and show her what that law is about and what it means. COMMENTS REGARDING TRANSPO BUS ROUTE Vera Brown, 112 LaPorte, South Bend, South Bend, Indiana, stated that she is disabled and it is hard for her to get around. She stated that she has to walk from her house all the way to Western Avenue or Lincolnway West or all the way downtown to get a bus. He just wanted to know if the Council could help in getting the Bendix Bus route back. COMMENTS REGARDING THE SALE OF PROPERTY ON KENDALL Linda Green, 726 E. Broadway, Beth Franklin, 726 E. Broadway, Larry Franklin, 1509 Kendall, South Bend, stated that they have concerns at 1509 Kendall. We are getting pennies instead of dollars for that property when you guys gave the bar next door $350,000 and they don’t think that’s fair. We have six decades of foster parenting in that house, grandchildren, and a lot of love in that house and don’t think that it fair. They stated that they just want to be treated fairly for their property and ask the Council for some justice. COMMENTS REGARDING THE SALE OF PROPERTY ON KENDALL Isaac Hunt, 138 E. Broadway, South Bend, Indiana, stated that these are his brothers and sisters and he is watching them go through this, his brother is living in the house right now. They would not even get money for relocation, and the City gave the property next door $350,000. He stated that he understands how business works, however the city only offered them $50,000 and gave the strip joint next door $350,000. He questioned where the justice in that, where is the rationale. He asked the Council to be fair and equal to everybody. . 21 REGULAR MEETING AUGUST 12, 2013 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 7:57 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 22