HomeMy WebLinkAbout11-10-08 Common Council Minutes
REGULAR MEETING NOVEMBER 10, 2008
Be it remembered that the Common Council of the City of South Bend, Indiana met in
the Council Chambers of the County-City Building on Monday, November 10, 2008 at
7:00 p.m. The meeting was called to order by Council President Rouse and the
Invocation and Pledge to the Flag were given.
ROLL CALL
COUNCILMEMBERS:
Present: Henry Davis, Jr. 2nd District
Thomas LaFountain 3rd District
Ann Puzzello 4th District
David Varner 5th District
Oliver Davis 6th District Vice-President
Timothy Rouse At-Large President
Al “Buddy” Kirsits At-Large
Karen L. White At-Large
Absent: Derek D. Dieter 1st District, Chairperson Committee of the Whole
OTHERS PRESENT:
John Voorde City Clerk
Mary Beth Wisniewski Chief Deputy
Janice I. Talboom Deputy City Clerk
Kathleen Cekanski-Farrand Council Attorney
REPORT FROM THE SUB-COMMITTEE ON MINUTES
To the Common Council of the City of South Bend: The sub-committee has inspected
the minutes of the October 27, 2008, meetings of the Council and found them to be
correct.
Therefore, we recommend the same be approved.
s/Timothy A. Rouse
s/David Varner
Councilmember Puzzello made a motion that the minutes of the October 27, 2008
meeting of the Council be accepted and placed on file. Councilmember Oliver Davis
seconded the motion which carried by a voice vote of eight (8) ayes.
SPECIAL BUSINESS
Council President Timothy Rouse advised that the December 22, 2008 Meeting of the
Council will be canceled. Councilmember Henry Davis made a motion to cancel the
December 22, 2008 Meeting of the Council. Councilmember LaFountain seconded the
motion which carried by a voice vote of eight (8) ayes.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:03 p.m. Councilmember White made a motion to resolve into the Committee of the
Whole. Councilmember Puzzello seconded the motion which carried by a voice vote of
eight (8) ayes. Councilmember Oliver Davis, Vice-President, presiding.
Councilmember Oliver Davis 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 Oliver Davis stated that a brochure may be found on the railing in the
Council Chambers explaining those procedures.
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REGULAR MEETING NOVEMBER 10, 2008
COUNCIL PORTION
BILL NO. 58-08 A BILL LEVYING TAXES AND FIXING
THE RATE OF TAXATION FOR THE
PURPOSE OF RAISING REVENUE TO
MEET THE NECESSARY EXPENSES OF
THE CIVIL CITY OF SOUTH BEND FOR
THE FISCAL YEAR ENDING
DECEMBER 31, 2009
BILL NO. 59-08 A BILL APPROPRIATING MONIES FOR
THE PURPOSE OF DEFRAYING THE
EXPENSES OF SEVERAL
DEPARTMENTS OF THE CIVIL CITY
OF SOUTH BEND, INDIANA FOR THE
FISCAL YEAR BEGINNING JANUARY
1, 2009, AND ENDING DECEMBER 31,
2009, INCLUDING ALL OUTSTANDING
CLAIMS AND OBLIGATIONS, AND
FIXING A TIME WHEN THE SAME
SHALL TAKE EFFECT
BILL NO. 60-08 A BILL OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND
APPROPRIATING MONIES FOR THE
PURPOSE OF DEFRAYING THE
EXPENSES OF THE DESIGNATED
ENTERPRISE FUNDS OF THE CITY OF
SOUTH BEND, INDIANA, FOR THE
FISCAL YEAR BEGINNING JANUARY
1, 2009 AND ENDING DECEMBER 31,
2009, INCLUDING ALL OUTSTANDING
CLAIMS AND OBLIGATIONS, AND
FIXING A TIME WHEN THE SAME
SHALL TAKE EFFECT
Councilmember LaFountain, Chairperson, Personnel & Finance Committee, reported that
this Committee held several meetings on these bills and sends them to the Council with a
favorable recommendation.
Councilmember Varner made a motion for favorable recommendation to full Council
concerning Bill No. 58-08. Councilmember White seconded the motion which carried by
a voice vote eight (8) ayes.
Councilmember Varner made a motion for favorable recommendation to full Council
concerning Bill No. 59-08. Councilmember LaFountain seconded the motion which
carried by a voice vote of eight (8) ayes.
Councilmember Puzzello made a motion to amend Bill No. 60-08, by deleting the
Century Center Fund from Section II. Councilmember Varner seconded the motion
which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Varner
made a motion for favorable recommendation to full Council concerning Bill No. 60-08
as amended. Councilmember Rouse seconded the motion which carried by a voice vote
of eight (8) ayes.
PUBLIC HEARINGS
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REGULAR MEETING NOVEMBER 10, 2008
BILL NO. 64-08 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA,
APPROPRIATING THE SUM OF
$73,382.00 FROM EMERGENCY
SERVICE CAPITAL IMPROVEMENT
FUND NO. 288 FOR THE PURCHASE OF
COMPUTERS PURSUANT TO A U.S.
DEPARTMENT OF HOMELAND
SECURITY GRANT
Councilmember White, Chairperson, Health and Public Safety Committee, reported that
this committee held a Public Hearing on the bill this afternoon and voted to send it to the
full Council with a favorable recommendation.
Councilmember Al “Buddy” Kirsits disclosed that he is a member of the South Bend Fire
Department. He advised that after discussion with Council Attorney Kathleen Cekanski-
Farrand it was determined that there is no conflict of interest.
Mark Nowicki, Assistant Fire Chief, SBFD, 1222 S. Michigan Street, South Bend,
Indiana, made the presentation for this bill.
Chief Nowicki advised that this bill is requesting an appropriation for $73,382.00 within
the Emergency Medical Services Capital Improvement Fund #288. He noted that the
purpose of this request is to appropriate funds from a U.S. Department Homeland
Security Assistance to Firefighters grant which was awarded to the City’s Fire
Department. This grant was awarded for a South Bend Fire Department firefighter
computer based training program which will provide computers for all eleven fire stations
along with other hardware and software which will allow firefighters to train on a
computer at their station at any time. He stated that the grant’s approved project costs
total is $73,382.00 The federal share is 80 percent $56,706.00 of the approved amount
and the City of South Bend Fire Department’s share of the cost is 20 percent or
$14,676.00. He asked the Council for their favorable consideration.
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 Rouse made a motion for favorable
recommendation to full Council concerning this bill. Councilmember White seconded
the motion which carried by a voice vote of eight (8) ayes.
BILL NO. 65-08 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND APPROPRIATING
$2,261,981 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, 2009, TO BE
ADMINISTERED THROUGH THE
DEPARTMENT OF COMMUNITY AND
ECONOMIC DEVELOPMENT
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REGULAR MEETING NOVEMBER 10, 2008
Councilmember Henry Davis, Jr., Vice-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.
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Judy Rosheck, Community & Economic Development, 12 Floor County-City Building,
227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill.
Ms. Roscheck advised that this bill would allow for the appropriation of $2,261,981 in
2009 Community Development Block Grant (CDBG) funds. This is a companion to Bill
No. 67-08 which complements the transfer of $495,000 in reprogrammed funds and
together they allocate new funds in accordance with the 2009 Action Plan of the Housing
and Community Development Plan. She noted that as discussed with the Community &
Economic Development Committee on October 6, 2008, the 2009 HCD Action Plan was
the subject of a 30-day public comment period that began September 26, 2008 and
expired on October 29, 2008. She stated in addition, the 2009 HCD Action Plan was the
subject of two public hearings held on October 9, 2008. Comment received during the
comment period and public hearings were taken into consideration in developing the final
2009 HCD Action Plan.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Puzzello made a motion for favorable
recommendation to full Council concerning this bill. Councilmember LaFountain
seconded the motion which carried by a voice vote of eight (8) ayes.
BILL NO. 66-08 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA
APPROPRIATING $118,833 WITHIN
FUND 212 RECEIVED FROM THE U.S.
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT’S
EMERGENCY SHELTER GRANT
PROGRAM
Councilmember Henry Davis, Jr., Vice-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.
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Judy Rosheck, Community & Economic Development, 12 Floor County-City Building,
227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill.
Ms. Rosheck advised that this bill would allow for the appropriation of $118,833 in 2009
Emergency Shelter Grant (ESG) funds as part of the 2009 Action Plan of the 2005-2009
Housing & Community Development Plan. She stated that the proposed allocation of
funds was discussed at the Community & Economic Development committee meeting on
October 6, 2008 and made public for the 30 day comment period beginning September
26, 2008. She also noted that the plan was the subject of two public hearings on October
9, 2008.
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 LaFountain
seconded the motion which carried by a voice vote of eight (8) ayes.
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REGULAR MEETING NOVEMBER 10, 2008
BILL NO. 67-08 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA
TRANSFERRING $495,000 AMONG
VARIOUS ACCOUNTS WITHIN FUND
212 COMMUNITY DEVELOPMENT IN
THE DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Councilmember Henry Davis, Jr., Vice-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.
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Judy Rosheck, Community & Economic Development, 12 Floor County-City Building,
227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill.
Ms. Rosheck advised that this bill would allow for the transfer of $495,000 in
Community Development Block Grant (CDBG) funds as part of the 2009 Action Plan of
the 2005-2009 Housing & Community Development Plan. She noted that at the
Community & Economic Development Committee on October 6, 2008 it was discussed
and made public beginning September 26, 2008 for a 30-day public comment period.
The plan was also the subject of 2 public hearings on October 9, 2008. She noted that
this bill is a companion to the CDBG general appropriation Bill No. 65-08.
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 LaFountain made a motion for favorable
recommendation to full Council concerning this bill. Councilmember White seconded
the motion which carried by a voice vote of eight (8) ayes.
BILL NO. 33-08 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF SOUTH BEND,
INDIANA AMENDING CHAPTER 2,
ARTICLE 5 OF THE SOUTH BEND
MUNICIPAL CODE FOR
PREAPPROVED PAYMENT OF CLAIMS
Councilmember Varner made a motion to continue this bill until the November 24, 2008
meeting of the Council. Councilmember Rouse seconded the motion which carried by a
voice vote of eight (8) ayes.
BILL NO. 68-08 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA AMENDING
ARTICLE 18 OF CHAPTER 2 OF THE
SOUTH BEND MUNICIPAL CODE TO
SET AND ADJUST FEES FOR
DOCUMENTS AND SERVICES
Councilmember Kirsits made a motion to accept the substitute version of this bill.
Councilmember Varner seconded the motion which carried by a voice vote of eight (8)
ayes.
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REGULAR MEETING NOVEMBER 10, 2008
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Mr. Thomas L. Bodnar, Assistant City Attorney, 14 Floor County-City Building, 227
W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill.
Mr. Bodnar advised that this bill is an amendment to the proposed Fee Ordinance. He
noted that the only change from the original bill submitted is in Items 6 and 7. A third
classification has been added to Item 6. The Police Department has two different
methods of reproducing photos. The cost to the department is substantially different and
is reflected in the fees proposed. The choice of method is determined by the request of
the customer. Mr. Bodnar noted that Item 7 clarifies the charge per finger print card.
Each additional original card will take the same amount of time by a police officer.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Puzzello made a motion for favorable
recommendation to full Council concerning this bill as substituted. Councilmember
Varner seconded the motion which carried by a voice vote of eight (8) ayes.
BILL NO. 69-08 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING
CHAPTER 5 OF THE SOUTH BEND
MUNICIPAL CODE TO ADJUST FEES
RELATED TO ANIMAL CARE AND
CONTROL
Councilmember White made a motion to hear the substitute version of this bill.
Councilmember Varner seconded the motion which carried by a voice vote of eight (8)
ayes.
Councilmember LaFountain, Chairperson, Personnel & Finance Committee reported that
this committee held a public hearing on this bill this afternoon and voted to send it to the
full Council with a favorable recommendation.
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Catherine Toppel, Director, Department of Code Enforcement, 13 Floor County-City
Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this
bill.
Ms. Toppel advised that this bill would allow the Department of Code Enforcement to
adjust the fees to cover the costs of providing Animal Care and Control Services. She
noted that this substitute bill changes pick of surrendered animal from $10.00 to $20.00;
microchip from $10.00 to $20.00; and surrender from $10.00 to $20.00.
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 in favor of this bill.
The following individual spoke in opposition to this bill.
Melissa Machowiak, 56830 Elmer Avenue, South Bend, Indiana, advised that she had
adopted a Doberman pinscher dog from Animal Care and Control. She advised that
shortly after the dog got sick and was diagnosed with diabetes. She stated that when she
advised Animal Care and Control of the dog’s condition they did nothing to correct the
situation. She stated that she could have given back the dog, but her children had already
gotten attached and could not give the dog back. Ms. Machowiak stated that she believes
that Animal Care and Control was negligent by letting a dog with such a disease be
adopted out and that they should have known something was wrong with the dog. She
stated that she believes that Animal Care and Control should help pay for her veterinarian
bills.
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REGULAR MEETING NOVEMBER 10, 2008
Councilmember Varner made a motion for favorable recommendation to full Council
concerning this bill as substituted. Councilmember Puzzello seconded the motion which
carried by a voice vote of eight (8) ayes.
BILL NO. 70-08 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING
CHAPTER 20 OF THE SOUTH BEND
MUNICIPAL CODE TO ADJUST FEES
FOR REMOVAL AND STORAGE OF
ABANDONED VEHICLES
Councilmember LaFountain, Chairperson, Personnel & Finance Committee reported that
this committee held a public hearing on this bill this afternoon and voted to send it to the
full Council with a favorable recommendation.
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Catherine Toppel, Director, Department of Code Enforcement, 13 Floor County-City
Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this
bill.
Ms. Toppel advised that this bill would allow for the adjustment of fees to cover the
City’s costs in removal and storage of abandoned vehicles. She noted that the towing fee
would go from $70.00 to $90.00. The storage of vehicles will go from $10.00 to $15.00
per day.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember White made a motion for favorable
recommendation to full Council concerning this bill. Councilmember LaFountain
seconded the motion which carried by a voice vote of eight (8) ayes.
RISE AND REPORT
Councilmember Karen White made a motion to rise and report to the full Council.
Councilmember Henry Davis seconded the motion which carried by a voice vote of eight
(8) ayes.
ATTEST: ATTEST:
_________________________ _________________________
John Voorde, City Clerk Derek D. Dieter, Chairperson
Committee of the Whole
REGULAR MEETING RECONVENED
Be it remembered that the Common Council of the City of South Bend reconvened in the
Council Chambers on the fourth floor of the County-City Building at 7:44 p.m. Council
President Tim Rouse presided with eight (8) members present
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REGULAR MEETING NOVEMBER 10, 2008
BILLS – THIRD READING
ORDINANCE NO. 9871-08 AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, ANNEXING TO AND
BRINGING WITHIN THE CITY LIMITS
OF SOUTH BEND, INDIANA, AND
AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED IN CLAY
TOWNSHIP CONTIGUOUS
THEREWITH: COUNCILMANIC
DISTRICT #4, STADIUM PLACE
DEVELOPERS, LLC, 54700 BLOCK OF
BURDETTE STREET, SOUTH BEND,
INDIANA BEING ON THE EAST SIDE
OF BURDETTE STREET
APPROXIMATELY 120 FEET NORTH
OF VANESS STREET AND ALSO THE
NORTHWEST CORNER OF WILLIS
AVENUE AND VANESS STREET
This bill had third reading. Councilmember Puzzello made a motion to consider the
substitute version of this bill. Councilmember Varner seconded the motion which carried
by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello made a motion
to pass this bill as substituted. Councilmember Oliver Davis seconded the motion which
carried. The bill passed by a roll call vote of eight (8) ayes.
ORDINANCE NO. 9872-08 AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, ANNEXING TO AND
BRINGING WITHIN THE CITY LIMITS
OF SOUTH BEND, INDIANA, CERTAIN
LAND IN CLAY TOWNSHIP,
CONTIGUOUS THEREWITH;
COUNCILMANIC DISTRICT #4, JOHN
D. & LEONA RAPPELLI AND
ROSEMARY R. MANDRICI, 54902 IVY
ROAD (A.K.A. IVY COURT), SOUTH
BEND, INDIANA
This bill had third reading. Councilmember Puzzello made a motion to consider the
substitute version of this bill. Councilmember Henry Davis, Jr. seconded the motion
which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello
made a motion to pass this bill as substituted. Councilmember Oliver Davis seconded the
motion which carried. The bill passed by a roll call vote of eight (8) ayes.
ORDINANCE NO. 9873-08 AN ORDINANCE LEVYING TAXES
AND FIXING THE RATE OF TAXATION
FOR THE PURPOSE OF RAISING
REVENUE TO MEET THE NECESSARY
EXPENSES OF THE CIVIL CITY OF
SOUTH BEND FOR THE FISCAL YEAR
ENDING DECEMBER 31, 2009
This bill had third reading. Councilmember Puzzello made a motion to pass this bill.
Councilmember LaFountain seconded the motion which carried. The bill passed by a roll
call vote of eight (8) ayes.
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REGULAR MEETING NOVEMBER 10, 2008
ORDINANCE NO. 9874-08 AN ORDINANCE APPROPRIATING
MONIES FOR THE PURPOSE OF
DEFRAYING THE EXPENSES OF
SEVERAL DEPARTMENTS OF THE
CIVIL CITY OF SOUTH BEND,
INDIANA FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 2009, AND
ENDING DECEMBER 31, 2009,
INCLUDING ALL OUTSTANDING
CLAIMS AND OBLIGATIONS, AND
FIXING A TIME WHEN THE SAME
SHALL TAKE EFFECT
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 eight (8) ayes.
ORDINANCE NO. 9875-08 AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND APPROPRIATING MONIES FOR
THE PURPOSE OF DEFRAYING THE
EXPENSES OF THE DESIGNATED
ENTERPRISE FUNDS OF THE CITY OF
SOUTH BEND, INDIANA, FOR THE
FISCAL YEAR BEGINNING JANUARY
1, 2009 AND ENDING DECEMBER 31,
2009, INCLUDING ALL OUTSTANDING
CLAIMS AND OBLIGATIONS, AND
FIXING A TIME WHEN THE SAME
SHALL TAKE EFFECT
This bill had third reading. Councilmember Varner 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 eight (8) ayes. Additionally, Councilmember
LaFountain made a motion to pass this bill as amended in the Committee of the Whole.
Councilmember Varner seconded the motion which carried. The bill passed by a roll call
vote of eight (8) ayes.
ORDINANCE NO. 9876-08 AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING
THE SUM OF $73,382.00 FROM
EMERGENCY SERVICE CAPITAL
IMPROVEMENT FUND NO. 288 FOR
THE PURCHASE OF COMPUTERS
PURSUANT TO A U.S. DEPARTMENT
OF HOMELAND SECURITY GRANT
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 eight (8) ayes.
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REGULAR MEETING NOVEMBER 10, 2008
ORDINANCE NO. 9877-08 AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND APPROPRIATING $2,261,981
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, 2009, TO BE
ADMINISTERED THROUGH THE
DEPARTMENT OF COMMUNITY AND
ECONOMIC DEVELOPMENT
This bill had third reading. Councilmember Puzzello made a motion to pass this bill.
Councilmember Oliver Davis seconded the motion which carried. The bill passed by a
roll call vote of eight (8) ayes.
ORDINANCE NO. 9878-08 AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA APPROPRIATING
$118,833 WITHIN FUND 212 RECEIVED
FROM THE U.S. DEPARTMENT OF
HOUSING AND URBAN
DEVELOPMENT’S EMERGENCY
SHELTER GRANT PROGRAM
This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill.
Councilmember Tom LaFountain seconded the motion which carried. The bill passed by
a roll call vote of eight (8) ayes.
ORDINANCE NO. 9879-08 AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA TRANSFERRING
$495,000 AMONG VARIOUS
ACCOUNTS WITHIN FUND
212 COMMUNITY DEVELOPMENT IN
THE DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
This bill had third reading. Councilmember Puzzello made a motion to pass this bill.
Councilmember Oliver Davis seconded the motion which carried. The bill passed by a
roll call vote of eight (8) ayes.
ORDINANCE NO. 9880-08 AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA AMENDING ARTICLE
18 OF CHAPTER 2 OF THE SOUTH
BEND MUNICIPAL CODE TO SET AND
ADJUST FEES FOR DOCUMENTS AND
SERVICES
This bill had third reading. Councilmember Oliver Davis made a motion to amend this
bill as in the Committee of the Whole. Councilmember White seconded the motion
which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Oliver
Davis made a motion to pass this bill as amended in the Committee of the Whole.
10
REGULAR MEETING NOVEMBER 10, 2008
Councilmember Varner seconded the motion which carried. The bill passed by a roll call
vote of eight (8) ayes.
ORDINANCE NO. 9881-08 AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING
CHAPTER 5 OF THE SOUTH BEND
MUNICIPAL CODE TO ADJUST FEES
RELATED TO ANIMAL CARE AND
CONTROL
This bill had third reading. Councilmember Puzzello made a motion to amend this bill as
in the Committee of the Whole. Councilmember Varner seconded the motion which
carried by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello made a
motion to pass this bill as amended in the Committee of the Whole. Councilmember
Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8)
ayes.
ORDINANCE NO. 9882-08 AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING
CHAPTER 20 OF THE SOUTH BEND
MUNICIPAL CODE TO ADJUST FEES
FOR REMOVAL AND STORAGE OF
ABANDONED VEHICLES
This bill had third reading. Councilmember LaFountain made a motion to pass this bill.
Councilmember Oliver Davis seconded the motion which carried. The bill passed by a
roll call vote of eight (8) ayes.
RESOLUTIONS
RESOLUTION NO. 3918-08 A RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A
PETITION OF THE SOUTH BEND
BOARD OF ZONING APPEALS FOR
PROPERTY LOCATED AT THE 900
BLOCK OF OLIVER PLOW COURT,
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:
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REGULAR MEETING NOVEMBER 10, 2008
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:
(900 Block of Oliver Plow Court, South Bend, Indiana)
In order to permit:
The Approval of a Special Exception to allow for an outside storage area of 196,000
square feet (i.e. 4.50 ac.) which exceeds the maximum allowed outside storage area of
137,650 square feet (i.e. 50% of the proposed lot property area of approximately 6.32
acres) for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana
per Section 21-04-02 (2) (B) (iii) of the City of South Bend Zoning Ordinance.
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;
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/Timothy A. Rouse
Member of the Common Council
Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that
this committee held a Public Hearing on this bill this afternoon and due to the lack of a
quorum, send this bill to the full Council with no recommendation.
Mr. Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., South Bend,
Indiana, presented the report from the Board of Zoning Appeals.
Mr. Lyons advised that the petitioner is requested a Special Exception to allow for an
outside storage area on the property located in the 900 Block of Oliver Plow Ct. He stated
that the Board of Zoning Appeals gave this bill a public hearing on September 18, 2008,
and send this bill to the Common Council with a favorable recommendation.
Mr. Michael Danch, President, Danch, Harner & Associates, Inc., 1643 Commerce Drive,
South Bend, Indiana, representing the petitioner the City of South Bend.
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REGULAR MEETING NOVEMBER 10, 2008
Mr. Danch advised that the petitioner is requesting the approval of a Special Exception
for their property located in the 900 Block of Oliver Plow Court, South Bend, Indiana.
He stated that this Special Exception will allow the petitioner to increase the amount of
area of their property that can be used for outside storage. Mr. Danch further noted that
the petitioner believes that the approval of the proposed Special Exception will fit with
the existing industrial uses in this portion of the Oliver Plow Industrial Park.
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 White seconded the motion which carried and the
Resolution was adopted by a roll call vote of eight (8) ayes.
RESOLUTION NO. 3919-08 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY
KNOWN AS LAFAYETTE FALLS –
PHASE IV, LOT NUMBERS 285-313, 340-
383, 385-394 AND 436-450 ALL IN
PHASE IV AS RESIDENTIALLY
DISTRESSED AREAS FOR PURPOSES
OF A (5) FIVE-YEAR RESIDENTIAL
REAL PROPERTY TAX ABATEMENT
FOR KENDALL-WEISS, LLP
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
285 1526 Brick Drive or 6827 Mackey Court Unavailable for all lots.
286 6833 Mackey Court
287 6839 Mackey Court
288 6845 Mackey Court
289 6851 Mackey Court
290 6905 Mackey Court
291 6915 Mackey Court
292 1538 Mackey Drive
293 1530 Mackey Drive
294 1522 Mackey Drive
295 1514 Mackey Drive
296 1506 Mackey Drive or 6903 Stewart Drive
297 1424 Mackey Drive or 6904 Stewart Drive
298 1418 Mackey Drive
299 1412 Mackey Drive
300 1406 Mackey Drive
301 1320 Mackey Drive
302 1312 Mackey Drive
303 1304 Mackey Drive
304 1226 Mackey Drive
305 1220 Mackey Drive
306 1214 Mackey Drive
307 1208 Mackey Drive
308 1202 Mackey Drive
309 1134 Mackey Drive
310 1128 Mackey Drive
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REGULAR MEETING NOVEMBER 10, 2008
311 1122 Mackey Drive
312 1116 Mackey Drive
313 1110 Mackey Drive
340 1104 Mackey Drive or 6905 Wiley Drive
341 6942 Lutz Drive or 6906 Wiley Drive
342 6934 Lutz Drive
343 6928 Lutz Drive
344 6927 Lutz Drive
345 6935 Lutz Drive
346 1101 Mackey Drive
347 1105 Mackey Drive
348 1111 Mackey Drive
349 1117 Mackey Drive
350 1123 Mackey Drive
351 1129 Mackey Drive
352 1135 Mackey Drive
353 1141 Mackey Drive or 6844 Jacktown Drive
354 6836 Jacktown Drive
355 6822 Jacktown Drive
356 6814 Jacktown Drive or 1134 Keady Court
357 1126 Keady Court
358 1120 Keady Court
359 1114 Keady Court
360 1108 Keady Court
361 1102 Keady Court
362 1040 Keady Court
363 1034 Keady Court
364 1028 Keady Court
365 1022 Keady Court
366 1025 Keady Court
367 1031 Keady Court
368 1037 Keady Court
369 1043 Keady Court
370 1107 Keady Court
371 1113 Keady Court
372 1119 Keady Court
373 1125 Keady Court
374 1215 Keady Court
375 1225 Keady Court
376 1305 Keady Court
377 1311 Keady Court
378 1317 Keady Court
379 1323 Keady Court
380 1329 Keady Court
381 1403 Keady Court
382 1409 Keady Court
383 1415 Keady Court or 1415 Stadium Drive
385 1406 Stadium Drive or 6803 Tyler Drive
386 6809 Tyler Drive
387 6815 Tyler Drive
388 6821 Tyler Drive
389 6827 Tyler Drive
390 6833 Tyler Drive
391 6839 Tyler Drive
392 6845 Tyler Drive
393 6851 Tyler Drive
394 6857 Tyler Drive or 1413 Mackey Drive
436 1305 Mackey Drive or 6844 Tyler Drive
437 6838 Tyler Drive
438 6832 Tyler Drive
439 6826 Tyler Drive
440 6822 Tyler Drive
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REGULAR MEETING NOVEMBER 10, 2008
441 6814 Tyler Drive
442 1308 Keady Court
443 1232 Keady Court
444 1226 Keady Court
445 1220 Keady Court or 6807 Jacktown Drive
446 6815 Jacktown Drive
447 6823 Jacktown Drive
448 6831 Jacktown Drive
449 6839 Jacktown Drive
450 6847 Jacktown Drive or 1223 Mackey Drive
all in South Bend, Indiana, and which is more particularly described as follows:
LEGAL DESCRIPTION: LAFAYETTE FALLS, PHASE IV
A PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 36 NORTH,
RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER,
SAID CORNER LYING SOUTH 89 DEGREES 04 MINUTES 47 SECONDS EAST, A
DISTANCE OF 281.17 FEET FROM THE SOUTHWEST CORNER OF THE SOUTHWEST
QUARTER OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 2 EAST, SAID
SOUTHWEST CORNER BEING MARKED BY A 5/8 INCH DIAMETER ROD, 0.1 FEET
BELOW THE ROAD SURFACE; THENCE SOUTH 00 DEGREES 16 MINUTES 41
SECONDS WEST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A
DISTANCE OF 2121.17 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF BRICK
DRIVE AS RECORDED IN LAFAYETTE FALLS, PHASE III, SECTION THREE
RECORDED UNDER INSTRUMENT NUMBER 0808755 IN THE OFFICE OF
RECORDER OF SAID COUNTY AND THE POINT OF BEGINNING; THENCE THE
NEXT TEN COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS,
PHASE III, SECTION THREE: (1) SOUTH 90 DEGREES 00 MINUTES 00 SECONDS
EAST, A DISTANCE OF 139.07 FEET TO THE POINT OF CURVATURE OF A
TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 30.00
FEET AND A CHORD OF 42.43 FEET BEARING SOUTH 45 DEGREES 00 MINUTES 00
SECONDS EAST; (2) THENCE SOUTHEASTERLY ALONG SAID CURVE, A
DISTANCE OF 47.12 FEET; (3) THENCE SOUTH 00 DEGREES 00 MINUTES 00
SECONDS WEST, A DISTANCE OF 273.42 FEET TO THE POINT OF CURVATURE OF
A TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 125.00 FEET
AND A CHORD OF 10.66 FEET BEARING SOUTH 02 DEGREES 26 MINUTES 36
SECONDS EAST; (4) THENCE SOUTHERLY ALONG SAID CURVE, A DISTANCE OF
10.66 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO
THE NORTHWEST, HAVING A RADIUS OF 30.00 FEET AND A CHORD OF 27.12
FEET BEARING SOUTH 21 DEGREES 59 MINUTES 07 SECONDS WEST; (5) THENCE
SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 28.14 FEET TO THE
POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST,
HAVING A RADIUS OF 60.00 FEET AND A CHORD OF 119.99 FEET BEARING SOUTH
40 DEGREES 22 MINUTES 44 SECONDS EAST; (6) THENCE SOUTHEASTERLY
ALONG SAID CURVE, A DISTANCE OF 186.90 FEET TO THE POINT OF
CURVATURE OF A REVERSE CURVE, CONCAVE TO THE SOUTH, HAVING A
RADIUS OF 30.00 FEET AND A CHORD OF 27.12 FEET BEARING NORTH 77
DEGREES 15 MINUTES 25 SECONDS EAST; (7) THENCE EASTERLY ALONG SAID
CURVE, A DISTANCE OF 28.14 FEET TO THE POINT OF CURVATURE OF A
REVERSE CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 125.00 FEET
AND A CHORD OF 30.75 FEET BEARING SOUTH 82 DEGREES 56 MINUTES 08
SECONDS EAST; (8) THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF
30.82 FEET; (9) THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A
DISTANCE OF 391.30 FEET; (10) THENCE NORTH 00 DEGREES 00 MINUTES 00
SECONDS EAST ALONG THE EAST LINE OF LAFAYETTE FALLS, PHASE III,
SECTION ONE AS RECORDED UNDER INSTRUMENT NUMBER 0728461 IN THE
OFFICE OF SAID RECORDER, A DISTANCE OF 584.92 FEET TO THE NORTHEAST
CORNER OF LOT 405 IN LAFAYETTE FALLS, SECTION FIVE & LAFAYETTE FALLS,
PHASE III, LOTS 405 & 406 AS RECORDED UNDER INSTRUMENT NUMBER 0704435
IN THE OFFICE OF SAID RECORDER, SAID CORNER ALSO LYING ON THE POINT
OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTH,
HAVING A RADIUS OF 1602.00 FEET AND A CHORD OF 13.30 FEET BEARING
SOUTH 82 DEGREES 24 MINUTES 06 SECONDS EAST; THENCE EASTERLY ALONG
SAID CURVE AND THE SOUTH RIGHT-OF-WAY LINE OF STADIUM DRIVE, A
DISTANCE OF 13.30 FEET; THENCE THE NEXT FOUR COURSES ALONG THE
BOUNDARY OF SAID LAFAYETTE FALLS, SECTION FIVE & LAFAYETTE FALLS,
PHASE III, LOTS 405 & 406: (1) NORTH 07 DEGREES 50 MINUTES 12 SECONDS
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REGULAR MEETING NOVEMBER 10, 2008
EAST, A DISTANCE OF 50.00 FEET; (2) THENCE NORTH 18 DEGREES 43 MINUTES
18 SECONDS EAST, A DISTANCE OF 115.58 FEET; (3) THENCE NORTH 42 DEGREES
38 MINUTES 44 SECONDS EAST, A DISTANCE OF 57.21 FEET; (4) THENCE NORTH
58 DEGREES 07 MINUTES 46 SECONDS EAST, A DISTANCE OF 170.49 FEET TO THE
SOUTHEAST CORNER OF LOT 54 IN LAFAYETTE FALLS, SECTION FOUR AS
RECORDED UNDER INSTRUMENT NUMBER 0602210 IN THE OFFICE OF SAID
RECORDER; THENCE THE NEXT SIX COURSES ALONG THE BOUNDARY OF SAID
LAFAYETTE FALLS SUBDIVISION, SECTION FOUR: (1) SOUTH 89 DEGREES 10
MINUTES 21 SECONDS EAST, A DISTANCE OF 371.03 FEET, (2) THENCE SOUTH 12
DEGREES 37 MINUTES 17 SECONDS EAST, A DISTANCE OF 80.47 FEET, (3)
THENCE SOUTH 27 DEGREES 09 MINUTES 37 SECONDS EAST, A DISTANCE OF
165.85 FEET, (4) THENCE SOUTH 61 DEGREES 00 MINUTES 44 SECONDS EAST, A
DISTANCE OF 165.85 FEET, (5) THENCE SOUTH 78 DEGREES 55 MINUTES 45
SECONDS EAST, A DISTANCE OF 108.66
FEET, (6) THENCE NORTH 81 DEGREES 58 MINUTES 30 SECONDS EAST, A
DISTANCE OF 182.70 FEET TO THE SOUTHWEST CORNER OF LOT NUMBER 185 IN
LAFAYETTE FALLS SUBDIVISION, SECTION TWO, RECORDED UNDER
INSTRUMENT NUMBER 0451995 IN THE OFFICE OF SAID RECORDER; THENCE
THE NEXT TWO COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS
SUBDIVISION, SECTION TWO: (1) NORTH 83 DEGREES 42 MINUTES 21 SECONDS
EAST, A DISTANCE OF 67.54 FEET, (2) THENCE SOUTH 56 DEGREES 29 MINUTES
48 SECONDS EAST, A DISTANCE OF 150.76 FEET TO A POINT ON THE BOUNDARY
OF LAFAYETTE FALLS, PHASE III, SECTION TWO AS RECORDED UNDER
INSTRUMENT NUMBER 0811195 IN THE OFFICE OF SAID RECORDER; THENCE
NEXT FOUR COURSE ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS,
PHASE III, SECTION TWO: (1) SOUTH 03 DEGREES 49 MINUTES 12 SECONDS EAST,
A DISTANCE OF 84.83 FEET; (2) THENCE SOUTH 25 DEGREES 05 MINUTES 08
SECONDS WEST, A DISTANCE OF 170.00 FEET; (3) THENCE SOUTH 49 DEGREES 57
MINUTES 33 SECONDS WEST, A DISTANCE OF 90.86 FEET; (4) THENCE SOUTH 34
DEGREES 39 MINUTES 21 SECONDS EAST, A DISTANCE OF 422.72 FEET TO THE
SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 19
MINUTES 47 SECONDS WEST, A DISTANCE OF 2123.00 FEET TO THE WEST LINE
OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 16 MINUTES 41
SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 557.10 FEET TO THE
POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 29.118 ACRES,
MORE OR LESS.
SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF
WAY OF RECORD.
and this property which has Parent Parcel Tax Key Number 23-1002-0022.01 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
16
REGULAR MEETING NOVEMBER 10, 2008
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 the adoption of the Declaratory Resolution by
the Common Council.
SECTION V. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for a period of five (5) years, and
further determines that the petition complies with Chapter 2, Article 6, of the Municipal
Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq.
SECTION VI. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/Timothy A. Rouse
Member of the Common Council
Mr. Derek Spier, Planner, Abonmarch Consultants, LLC., 750 Lincoln Way East, South
Bend, Indiana, made the presentation on behalf of the owner Kendall Weiss, LLP.
17
REGULAR MEETING NOVEMBER 10, 2008
Mr. Spier advised that Kendall Weiss intends to construct ninety-eight (98), new single-
family homes on approximately 29.1 acres of land. The total estimated cost of the 98
homes is $16,894.000. The homes will be traditional single family homes. They will
have three to four bedrooms with two to two and one-half bathrooms and range in size
from 1,200 to 2,800 square feet with attached garages. Mr. Spier noted that the cost of
the homes will range between $150,000 and $225,000.
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 Puzzello 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 seven (7) ayes and one (1) any
(Councilmember Henry Davis, Jr.)
RESOLUTION NO. 3920-08 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY
KNOWN AS 1019 NOTRE DAME
AVENUE AS RESIDENTIALLY
DISTRESSED AREAS FOR PURPOSES
OF A (5) FIVE-YEAR RESIDENTIAL
REAL PROPERTY TAX ABATEMENT
FOR ROBERT J. AND DEBORAH S.
BERNHARD
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
1019 Notre Dame Avenue, South Bend, Indiana, and which is more particularly
described as follows:
A part of the Northeast Quarter of Section 1, T.37 N., R.2 E. (Being a
replat of part of Lot 84 and 85 of Sorin’s Second Addition to Lowell, now
the City of South Bend) Portage Township, City of South Bend, St. Joseph
County, Indiana
,
and this property has Tax Key Numbers 18-5104-3650 and 18-5104-3653be 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.
18
REGULAR MEETING NOVEMBER 10, 2008
SECTION II. The Common Council hereby determines and finds that the area meets one
of the following conditions as formally established in Ordinance No. 9394-03, which was
passed on February 10, 2003:
A. The area is comprised of parcels that are either unimproved or contain only
one (1) or two (2) family dwellings designed for up to four (4) families,
including accessory buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25;
or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as
documented by census information, local building and demolition permits,
or certificates of occupancy, or the areas are owned by Indiana or the United
States; or
G. The area (plus any areas previously designated under this subsection) will
not exceed ten percent (10%) of the total area within the Council’s
jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable
standards for such development.
B. That the estimate of the value of the redevelopment is reasonable for
projects of this nature;
C. That the other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed described
redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction,
all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to
meet local code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is
completed within five (5) calendar years from the date of the adoption of
this Resolution by the Common Council.
SECTION IV. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as a Residentially Distressed Area for the purposes
of tax abatement. Such designation is for Real property tax abatement only and is limited
to five (5) calendar years from the date of adoption of the Declaratory Resolution by the
Common Council.
SECTION V. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for a period of five (5) years, and
further determines that the petition complies with Chapter 2, Article 6, of the Municipal
Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq.
SECTION VI. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/Timothy A. Rouse
Member of the Common Council
19
REGULAR MEETING NOVEMBER 10, 2008
Mr. Dale DeVon, DeVon Custom Homes, 17871, St. Rd. 23, South Bend, Indiana, made
the presentation on behalf of the owners Robert J. and Deborah S. Bernhard.
Mr. DeVon advised that owners intend to construct a 3,100 square foot, single-family,
owner-occupied home. The home will have four bedrooms and four bathrooms plus a
kitchen, dining room, den great room, laundry room, fireplace and attached two-car
garage. The cost of the home will be approximately $450,000.
A Public Hearing was held on the Resolution at this time.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this
Resolution. Councilmember Varner seconded the motion which carried and the
Resolution was adopted by a roll call vote of six (6) ayes and two nays
(Councilmember’s Rouse and Henry Davis, Jr.)
RESOLUTION NO. 3921-08 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
CRESCENT OAKS – SECTION 2, A
CERTAIN 80 LOTS LOCATED ON
APPROXIMATELY 19.9 ACRES
APPROXIMATELY 693 FEET EAST OF
IRONWOOD ROAD, AND LYING
BETWEEN JACKSON ROAD AND KERN
ROAD AS RESIDENTIALLY
DISTRESSED AREAS FOR PURPOSES
OF (5) FIVE-YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR
TAMPICO DEVELOPMENTS, LLC
WHEREAS, a Statement of Benefits and a petition for residential real property tax
abatement have been submitted to and filed with the City Clerk for consideration by the
Common Council of the City of South Bend, Indiana, requesting that the area commonly
known as
Lots Address Tax Key #s
32 2322 Basin Street Unavailable for all lots.
33 2330 Basin Street
34 2338 Basin Street
35 2402 Basin Street
36 2408 Basin Street
37 2416 Basin Street
38 2424 Basin Street
39 2432 Basin Street
40 2440 Basin Street or 5511 Running Deer Drive
41 2323 Basin Street
42 2331 Basin Street
43 2339 Basin Street
44 2405 Basin Street
45 2413 Basin Street
46 2421 Basin Street
47 2429 Basin Street or 5469 Balboa Park Avenue
48 2428 St. Charles Avenue or 5461 Balboa Park Avenue
49 2420 St. Charles Avenue
50 2412 St. Charles Avenue
51 2404 St. Charles Avenue
52 2338 St. Charles Avenue
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REGULAR MEETING NOVEMBER 10, 2008
53 2330 St. Charles Avenue
54 2322 St. Charles Avenue
55 2319 St. Charles Avenue
56 2327 St. Charles Avenue
57 2335 St. Charles Avenue
58 2405 St. Charles Avenue
59 2411 St. Charles Avenue
60 2417 St. Charles Avenue
61 2423 St. Charles Avenue
62 2429 St. Charles Avenue
63 2435 St. Charles Avenue
64 2441 St. Charles Avenue
65 2447 St. Charles Avenue or 5373 Balboa Park Avenue
66 2511 St. Charles Avenue or 5418 Balboa Park Avenue
67 2519 St. Charles Avenue
68 2527 St. Charles Avenue or 5419 Iberville Drive
69 2609 St. Charles Avenue or 5420 Iberville Drive
70 2617 St. Charles Avenue
71 2625 St. Charles Avenue
72 2633 St. Charles Avenue
73 2641 St. Charles Avenue
74 2649 St. Charles Avenue
75 2657 St. Charles Avenue
76 2650 St. Charles Avenue or 5455 Julia Street
77 2642 St. Charles Avenue
78 2634 St. Charles Avenue
79 2626 St. Charles Avenue
80 2618 St. Charles Avenue
81 2610 St. Charles Avenue
82 2602 St. Charles Avenue
83 2534 St. Charles Avenue
84 2528 St. Charles Avenue
85 2520 St. Charles Avenue
86 2512 St. Charles Avenue
87 2504 St. Charles Avenue or 5458 Balboa Park Avenue
88 2509 Basin Street or 5464 Balboa Park Avenue
89 2517 Basin Street
90 2525 Basin Street
91 2533 Basin Street
92 2541 Basin Street
93 2549 Basin Street
94 2607 Basin Street
95 2615 Basin Street
96 2623 Basin Street
97 2631 Basin Street
98 2639 Basin Street
99 2647 Basin Street or 5463 Julia Street
100 2530 Basin Street or 5512 Running Deer Drive
101 2538 Basin Street
102 2546 Basin Street
103 2604 Basin Street
104 2612 Basin Street
105 2620 Basin Street
106 2628 Basin Street
107 2636 Basin Street
108 2644 Basin Street
109 5468 Julia Street
110 5460 Julia Street
111 5452 Julia Street
21
REGULAR MEETING NOVEMBER 10, 2008
all in Crescent Oaks – Section 2, South Bend, Indiana, and which is more particularly
described as follows:
LEGAL DESCRIPTION: CRESCENT OAKS, SECTION TWO (PROPOSED)
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 1363.59 FEET TO THE NORTHWEST
CORNER OF CRESCENT OAKS, SECTION ONE AS RECORDED UNDER INSTRUMENT
NUMBER 0829850 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE NORTH
89 DEGREES 53 MINUTES 49 SECONDS EAST ALONG THE BOUNDARY OF SAID
CRESCENT OAKS, SECTION ONE, A DISTANCE OF 693.04 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 53 MINUTES 49 SECONDS
EAST, A DISTANCE OF 177.14 FEET; THENCE NORTH 00 DEGREES 16 MINUTES 57
SECONDS WEST, A DISTANCE OF 125.00 FEET; THENCE NORTH 89 DEGREES 53
MINUTES 49 SECONDS EAST, A DISTANCE OF 232.00 FEET; THENCE SOUTH 85
DEGREES 49 MINUTES 53 SECONDS EAST, A DISTANCE OF 202.56 FEET TO THE
POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE
NORTHWEST, HAVING A RADIUS OF 2030.00 FEET AND A CHORD OF 158.81 FEET
BEARING SOUTH 14 DEGREES 23 MINUTES 01 SECOND WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 158.85 FEET; THENCE
SOUTH 82 DEGREES 47 MINUTES 05 SECONDS EAST, A DISTANCE OF 138.79 FEET;
THENCE SOUTH 88 DEGREES 33 MINUTES 39 SECONDS EAST, A DISTANCE OF 128.79
FEET; THENCE SOUTH 85 DEGREES 11 MINUTES 32 SECONDS EAST, A DISTANCE OF
50.18 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 57 SECONDS EAST, A
DISTANCE OF 270.32 FEET; THENCE SOUTH 88 DEGREES 54 MINUTES 22 SECONDS
EAST, A DISTANCE OF 60.01 FEET; THENCE SOUTH 87 DEGREES 44 MINUTES 44
SECONDS EAST, A DISTANCE OF 65.06 FEET; THENCE SOUTH 86 DEGREES 28
MINUTES 34 SECONDS EAST, A DISTANCE OF 60.12 FEET; THENCE SOUTH 00
DEGREES 08 MINUTES 03 SECONDS EAST, A DISTANCE OF 110.01 FEET; THENCE
SOUTH 02 DEGREES 27 MINUTES 46 SECONDS EAST, A DISTANCE OF 77.59 FEET;
THENCE SOUTH 00 DEGREES 08 MINUTES 02 SECONDS EAST, A DISTANCE OF 21.27
FEET; THENCE SOUTH 52 DEGREES 15 MINUTES 17 SECONDS EAST, A DISTANCE OF
153.53 FEET; THENCE SOUTH 02 DEGREES 05 MINUTES 58 SECONDS EAST, A
DISTANCE OF 68.80 FEET; THENCE SOUTH 35 DEGREES 37 MINUTES 17 SECONDS
WEST, A DISTANCE OF 118.24 FEET; THENCE SOUTH 45 DEGREES 42 MINUTES 59
SECONDS WEST, A DISTANCE OF 113. 98 FEET TO THE NORTH BOUNDARY OF DEER
HOLLOW AS RECORDED UNDER INSTRUMENT NUMBER 0443949 IN THE OFFICE OF
SAID RECORDER; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST
ALONG SAID NORTH BOUNDARY AND THE NORTH BOUNDARY OF STONEHEDGE
ESTATES, SECTION THREE, PART TWO AS RECORDED UNDER INSTRUMENT
NUMBER 9516217 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 1317.09 FEET
TO THE SOUTHEAST CORNER OF LOT 31 IN SAID CRESCENT OAKS, SECTION ONE;
THENCE THE NEXT FIVE COURSE ALONG THE BOUNDARY OF SAID CRESCENT
OAKS, SECTION ONE, EXCLUSIVE OF THE TEMPORARY TURNAROUND
EASEMENTS: (1) NORTH 00 DEGREES 08 MINUTES 02 SECONDS WEST, A DISTANCE
OF 130.01 FEET; (2) THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST, A
DISTANCE OF 10.93 FEET; (3) THENCE NORTH 00 DEGREES 08 MINUTES 02 SECONDS
WEST, A DISTANCE OF 367.00 FEET; (4) THENCE NORTH 89 DEGREES 51 MINUTES 58
SECONDS EAST, A DISTANCE OF 9.51 FEET; (5) THENCE NORTH 00 DEGREES 08
MINUTES 02 SECONDS WEST, A DISTANCE OF 127.76 FEET TO THE POINT OF
BEGINNING; SAID DESCRIBED PARCEL CONTAINING 19.91 ACRES, MORE OR LESS.
SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY
OF RECORD.
and these lots which do not yet have individual tax key numbers but are part of the parent
parcel with tax key number 26-1035-0589.02, 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;
22
REGULAR MEETING NOVEMBER 10, 2008
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
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 seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one
of the following conditions as formally established in Ordinance No. 9394-03, which was
passed on February 10, 2003:
A. The area is comprised of parcels that are either unimproved or contain
only one (1) or two (2) family dwellings designed for up to four (4)
families, including accessory buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25;
or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as
documented by census information, local building and demolition permits,
or certificates of occupancy, or the areas are owned by Indiana or the
United States; or,
G. The area (plus any areas previously designated under this subsection) will
not exceed ten percent (10%) of the total area within the Council’s
jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable
standards for such development.
B. That the estimate of the value of the redevelopment is reasonable for
projects of this nature;
C. That the other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed described
redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction,
all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to
meet local code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is
completed within five (5) calendar years from the date of the adoption of
this Resolution by the Common Council.
23
REGULAR MEETING NOVEMBER 10, 2008
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
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/Timothy A. Rouse
Member of the Common Council
Councilmember Henry Davis, Jr., Vice-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. Derek Spier, Planner, Abonmarch Consultants, LLC., 750 Lincoln Way East, South
Bend, Indiana, made the presentation on behalf of the developer Tampico Developments,
LLC of 828 East Jefferson Blvd., South Bend, Indiana.
Mr. Spier advised that Tampico Developments intends to develop 19.9 acres of
agricultural farmland into 80 residential lots. The lots will be located with the proposed
development called Crescent Oaks, Section 2. He stated that the development will
include approximately 3,798 linear feet of public streets, a roundabout, a park and
common area and the associated public and private utilities. The homes will be built by
Weiss Homes and range in size from 1,200 to 2,300 square feet and will include
basements. The estimated average price of the home is $163,000.00
Councilmember Henry Davis asked someone to define “Residentially Distressed Area”
Councilmember Varner answered that the definition of “Residentially Distressed Area”
has over the years been defined by the State Legislature as not what is actually conceived
as distressed, it can mean that the lots have taken a long time to sell. He likened it to the
Deerfield subdivision where the lots sat for over five to ten years before ever being
developed. When tax abatements were offered on those lots which amounted to
approximately $1,000.00 off of a $12,000.00 year tax bill, people were interested in
them. So over the years, tax abatements are a useful tool, but residentially distressed
means whatever the State Legislature decides it means and they have opened the
definition to whatever the Council decides it means.
24
REGULAR MEETING NOVEMBER 10, 2008
Kathleen Cekanski-Farrand stated that case law has given further articulation that it is
underdeveloped. So again, it is a broad base that the Council can use.
Councilmember Rouse asked if this development was in a TIF District.
Mr. Spier stated that it was not in a TIF District.
A Public Hearing was held on the Resolution at this time.
Mr. Paul Phair, 1726 E. Madison Street, South Bend, Indiana, spoke in favor of this bill.
Mr. Phair advised that he supports development in the Notre Dame Avenue area by
Weiss Homes. He also noted that the Central Business District has not had new
construction in the past 30 years.
There being no one else present wishing to speak to the Council either in favor of or in
opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this
Resolution. Councilmember Varner seconded the motion which carried and the
Resolution was adopted by a roll call vote of seven (7) ayes and one (1) nay
(Councilmember Henry Davis, Jr.)
RESOLUTION NO. 3922-08 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
ROYAL OAK ESTATES – SECTIONS 2 &
3, A CERTAIN 43 UNDEVELOPED,
SINGLE FAMILY LOTS LOCATED
SOUTH OF JOHNSON ROAD AND ¼
MILE WEST OF MIAMI ROAD AS
RESIDENTIALLY DISTRESSED AREAS
FOR PURPOSES OF (5) FIVE-YEAR
RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR FIRST FEDERAL
SAVINGS BANK
WHEREAS, a Statement of Benefits and a petition for residential real property tax
abatement have been submitted to and filed with the City Clerk for consideration by the
Common Council of the City of South Bend, Indiana, requesting that the area commonly
known as
Tax Key Number Lot Number Property Address
Section 2
23-1018-0381.57 100 747 Pulling St.
23-1018-0381.58 101 765 Pulling St.
23-1018-0381.59 102 773 Pulling St.
23-1018-0381.63 106 5919 Boxwood Dr. E.
23-1018-0381.65 108 5859 Boxwood Dr. E.
23-1018-0381.67 110 5835 Boxwood Dr. E.
23-1018-0381.68 111 5809 Boxwood Dr. E.
23-1018-0381.69 112 5777 Boxwood Dr. E.
Section 3
23-1018-0381.88 48 535 Yoder St.
23-1018-0381.89 49 523 Yoder St.
23-1018-0381.90 50 520 Yoder St.
23-1018-0381.91 51 546 Yoder St. or 5745 Buckhorn
Dr.
23-1018-0381.93 53 525 Dice St.
23-1018-0381.94 54 522 Dice St.
25
REGULAR MEETING NOVEMBER 10, 2008
23-1018-0381.95 55 528 Dice St. or 5813 Buckhorn
Dr.
23-1018-0381.96 56 527 Dice St. or 5907 Buckhorn
Dr.
23-1018-0381.97 57 521 Pulling St.
23-1018-0381.98 58 524 Pulling St.
23-1018-0381 59 530 Dice St. or 5929 Buckhorn
Dr.
23-1018-0382.01 61 514 Gilmer St.
23-1018-0382.02 62 522 Gilmer St.
23-1018-0382.04 64 6006 Buckhorn Dr.
23-1018-0382.05 65 612 Pulling St. or 5930 Buckhorn
Dr.
23-1018-0382.09 69 727 Pulling St.
23-1018-0382.10 70 625 Pulling St.
23-1018-0382.11 71 615 Pulling St.
23-1018-0382.14 74 616 Dice St.
23-1018-0382.15 75 622 Dice St.
23-1018-0382.16 99 708 Dice Ct.
23-1018-0382.26 89 715 Dice Ct.
23-1018-0382.24 91 727 Dice Ct.
23-1018-0382.23 92 733 Dice Ct.
23-1018-0382.22 93 737 Dice Ct.
23-1018-0382.21 94 740 Dice Ct.
23-1018-0382.20 95 734 Dice Ct.
23-1018-0382.29 78 5722 Yellow Wood Dr.
23-1018-0382.31 80 5721 Yellow Wood Dr.
23-1018-0382.32 81 5727 Yellow Wood Dr.
23-1018-0382.35 84 615 Dice St. or 5748 Buckhorn
Dr.
23-1018-0382.36 85 5742 Buckhorn Dr.
23-1018-0382.37 86 5736 Buckhorn Dr.
23-1018-0382.38 87 5730 Buckhorn Dr.
23-1018-0382.39 88 5724 Buckhorn Dr.
all in Royal Oak Estates – Sections 2 and 3, South Bend, Indiana, and which is more
particularly described as follows:
LEGAL DESCRIPTION: ROYAL OAK ESTATES, SECTIONS TWO & THREE
A PART OF THE NORTHEAST AND SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
LOTS NUMBERED 48, 49, 50, 51, 53, 54, 55, 56, 57, 58, 59, 61, 62, 64, 65, 69, 70, 71,
74, 75, 78, 80, 81, 84, 85, 86, 87, 88, 89, 91, 92, 93, 94, 95, & 99, AS SHOWN ON THE
RECORDED PLAT OF ROYAL OAK ESTATES, SECTION 3, RECORDED
OCTOBER 17, 2003 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH
COUNTY, INDIANA, UNDER INSTRUMENT NUMBER 0367824.
LOTS NUMBERED OUTLOT A, 100, 101, 102, 106, 108, 110, 111 & 112, AS
SHOWN ON THE RECORDED PLAT OF ROYAL OAK ESTATES, SECTION 2,
RECORDED JANUARY 22, 2003 IN THE OFFICE OF THE RECORDER OF ST.
JOSEPH COUNTY, INDIANA, UNDER INSTRUMENT NUMBER 0303821.
SUBJECT TO EASEMENT, COVENANTS AND RESTRICTION OF RECORD.
and these lots which have individual tax key numbers as shown in the table above, and
excepting Outlot A included in the above legal description, 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;
26
REGULAR MEETING NOVEMBER 10, 2008
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
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 seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one
of the following conditions as formally established in Ordinance No. 9394-03, which was
passed on February 10, 2003:
A. The area is comprised of parcels that are either unimproved or contain
only one (1) or two (2) family dwellings designed for up to four (4)
families, including accessory buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25;
or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as
documented by census information, local building and demolition permits,
or certificates of occupancy, or the areas are owned by Indiana or the
United States; or,
G. The area (plus any areas previously designated under this subsection) will
not exceed ten percent (10%) of the total area within the Council’s
jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable
standards for such development.
B. That the estimate of the value of the redevelopment is reasonable for
projects of this nature;
C. That the other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed described
redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction,
all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to
meet local code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is
completed within five (5) calendar years from the date of the adoption of
this Resolution by the Common Council.
27
REGULAR MEETING NOVEMBER 10, 2008
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
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/Timothy A. Rouse
Member of the Common Council
Councilmember Henry Davis, Jr., Vice-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. Derek Spier, Planner, Abonmarch Consultants, LLC., 750 Lincoln Way East, South
Bend, Indiana, made the presentation on behalf of the current owner First Federal
Savings Bank and Weiss Homes Inc., who is the contingent owner and builder. This
designation Resolution is for renewing a five (5) year residential property tax abatement
for 43 undeveloped lots within Royal Oaks Estates Subdivision. This subdivision is
located on the South Side of Johnson Road between U.S. 31 and Miami Road. Sections 2
and 3 of the subdivision were subdivided in 2003 along with being granted a five (5) year
residential tax abatement. First Federal Savings Bank did acquire all of these lots in a tax
sale last month. They were previously owned by D&H Homebuilders who was the
originally developer of this subdivision. Weiss Homes does have an agreement with the
Bank to be the sole home builder of these remaining 43 undeveloped lots. He stated that
the homes will be between 1,800 and 2,400 square feet and the average price will be
$215,000. Approving the renewal of this abatement will also them to market the
abatement to a prospective home buyer, also it will give the same abatement granted to
the other eighty some lots that have already received residential tax abatement. The city
will still receive the additional taxes generated by these improved lot over the five year
abatement schedule and they do believe that the lack of development upon these 43 lots
over the last five (5) years and the fact that Weiss Homes is currently involved in this and
has a commitment to develop them, it justifies the renewal of the abatement.
Councilmember Puzzello stated that she was not aware that this was a renewal.
28
REGULAR MEETING NOVEMBER 10, 2008
Mr. Spier reiterated that the original abatement was given to D&H Homebuilders out of
Plymouth, Indiana, and since then the lots came up in a tax sale. The bank acquired the
lots and then Weiss Homes approached the bank that they would build on those lots.
Councilmember Oliver Davis asked how many times a property can be renewed for tax
abatement.
Kathleen Cekanski-Farrand stated that it is a case by case basis.
A Public Hearing was held on the Resolution at this time.
There was no one present wishing to speak in favor of this Resolution.
The following individual spoke in opposition to the Resolution.
Mr. Tom DeLater, 5934 Boxwood Dr., South Bend, Indiana, stated jokingly that he lives
in this distressed area. He stated that he is a little concerned about some of the
information that was given, because there are 129 lots in Royal Oaks Estates and he has
lived there for four years. Eight-Six of those lots are sold, there have been 10 to 15 new
homes built in the last two to three years and there is also some question as to whether or
not what they are hearing about the property being bought at a tax sale is actually true.
He stated that they have been told that D&H Homes the original owner of that
development is not out of business and that they are in the process of filing a lawsuit
because they felt that this land was taken away from them incorrectly. He stated that as a
homeowner in Royal Oak have had several different stories told to him as to what the
square footage requirement was going to be. He stated that he is obviously concerned
because when he built his home the restrictions were 1,700 square feet and now they are
saying 1,800 square feet. He stated that he has been to several meetings where it was
said that starting square footage was 1,500 square foot. He stated he would like to know
the correct answer. He stated that the city is in such a hurt for money and by offering tax
abatements to the 129 lots and 86 lots sold, and with 35 new homes built since 2004, he
doesn’t really see that as distressed.
Kathleen Cekanski-Farrand advised that the State Form that is required, the Statement of
Benefits Form has a certification with regard to the taxpayer and does list a representative
of First Federal Savings Bank.
Councilmember Varner asked if there is a question on the title holder of the land, does
granting an abatement need to be requested by the owner of the land.
Kathleen Cekanski-Farrand reiterated that on the Statement of Benefits Form, it is the
fee-simple owner of those properties and this is the best information on record.
Councilmember Varner asked what would happened if in the event there is court action
that would change the ownership
Kathleen Cekanski-Farrand stated that it may have a collateral effect on this and then the
Council would have to take the affirmative action to repeal at a later time.
Councilmember Oliver Davis asked how the Council would be notified if legal action
was taking place.
Kathleen Cekanski-Farrand stated that Community & Economic Development along with
the Office of the City Clerk would be involved if a lawsuit going forward.
Mr. Spier stated that as far as the ownership of the lots is concerned they are going by the
best information that is available in the County Auditor’s Office. He stated that all of
these lots are in the ownership of First Federal. He stated that he was unaware of any
lawsuit up to this point. If D&H is claiming that they still have right to this because they
lost it in a tax sale, he is not aware of that. As far as square footage on the homes,
whoever is building on these homes Weiss or D&H would be restricted to private
covenants and restrictions which are recording with the original development. So Weiss
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REGULAR MEETING NOVEMBER 10, 2008
is not going to come in and change any of those covenants in the development, they
would still have to build homes that meet those specification and restrictions.
Councilmember Varner stated that those covenants are on record in the St. Joseph County
Recorder’s Office for the subdivision. Those covenants are enforced by the Council; they
are established by a private homeowners association.
Mr. DeLater stated that those covenants were changed once without any of the
homeowners knowledge.
Councilmember Oliver Davis asked how long a property owner has to redeem his
property.
Kathleen Cekanski-Farrand stated that it varies depending on what type of sale it is.
Councilmember Kirsits asked Mr. DeLater if he received a tax abatement when he built
his home in this subdivision.
Mr. DeLater responded yes, he did receive a tax abatement.
Councilmember Varner questioned if there could be different covenants for the various
phases of the development.
Mr. DeLater stated that what he believes is that the original covenants that were recorded
were for the entire subdivision all the lots even those in question tonight. He stated that
the amendment went in without any of the homeowner’s knowledge and recorded in
2006.
Councilmember Varner asked Mr. DeLater to talk to him after the Council Meeting
tonight regarding those covenants.
There was no one else present wishing to speak in opposition to this bill
Councilmember Oliver Davis 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 seven (7) ayes and one (1) nay (Councilmember Henry Davis, Jr.)
Councilmember White stated that the whole issue of tax abatement continues to be one
that this Council has really wrestled with especially looking at the lack of development
within certain segments of the community that has been and is currently challenged for
quite some time. This issue along with TIF Districts needs to be reviewed by the Council
and to work with the various developers and encourage them to build in certain areas that
have not been developed in. She stated that it is the Council’s responsibility to try to
encourage as much as possible the full development so that the city will not have this
doughnut effect within the community. She stated that the Council can continue to
address the outer areas of the community, but until they somehow work with the
administration and address this doughnut effect, there will be this need to continue to
look at the issue of tax abatement from a different prospective. She stated that she is
aware of certain communities that when they actually grant tax abatement they give
additional points and encourage developers to build within the inner city. She stated that
she looks forward to the upcoming year 2009 and working on this whole issue of
residential tax abatement and the definition of distressed area and how as a Council work
within the State guidelines as well as the local level to encourage the developers to build
within the entire city and not continue to build just on the outskirts of the city.
Councilmember Oliver Davis asked if the Council has a responsibility to review the tax
abatement process before the end of the 2008 calendar year.
Council Attorney Kathleen Cekanski-Farrand stated that this is the year that substantive
changes would be made. That does not prohibit the Council to make those changes next
year in 2009. She stated that Councilmember Dieter as Chairperson of the Community
has asked her to begin meeting with Mr. Bob Mathia from the Department of Community
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REGULAR MEETING NOVEMBER 10, 2008
and Economic Development. She stated that they both have lists of the various
committee meetings that they have had and the area that the various Councilmember have
identified and the ones that Councilmember White has mentioned as well as
Councilmember Rouse are at the top of the list for additional point allocations for
residential property in the downtown area. She further reiterated that this is governed by
a local ordinance and the Community and Economic Development Committee reviews
and then the Council will take action. She noted that in light of everything else that is
going on, there probably won’t be any formal amendments within the next two weeks.
She stated that is what would be required for the Council to take action at the December
8, 2008 meeting. She stated that discussions would be ongoing.
Councilmember White asked President Rouse that those concerns regarding Tax
Abatement are shared with the entire Council to see if there are any common themes with
regard to the tax abatement issue. She stated that this is a critical issue that this Council
should be addressing.
BILLS – FIRST READING
BILL NO. 71-08 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA
TRANSFERRING SIXTY-SIX
THOUSAND SEVEN HUNDRED TWO
DOLLARS AND ELEVEN CENTS
($66,702.11) IN DORMANT MONIES
FROM VARIOUS FUNDS TO GENERAL
FUND NO. 101 AND CLOSING OUT THE
VARIOUS FUNDS
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Personnel & Finance Committee and set it for Public Hearing and Third Reading on
November 24, 2008. Councilmember Varner seconded the motion which carried by a
voice vote of eight (8) ayes.
UNFINISHED BUSINESS
Councilmember Puzzello entertained a motion that the Common Council and the City
st
Administration have committed to continue to work together in the 1 quarter of 2009 in
reviewing the 2009 baseline budget and a spending plan for 2009. Accordingly, based on
a pledge by the City Administration that there will be full and open disclosure to
information requests by the Common Council, the Common Council pledges to: Work
cooperatively with the City Administration, the South Bend Community School
Corporation Board of Trustees and Superintendent, the school crossing guards, and
concerned citizens in identifying additional funding sources for the school crossing guard
program from June 1, 2009 through December 31, 2009. She further noted to work
cooperatively with the City Administration to identify additional funding sources and
establish priority funding for all city operations so that any reductions to the
appropriation ordinance (Bill No. 59-08) which may be required would not take effect
prior to April 1, 2009.
Councilmember Oliver Davis made a motion to accept Councilmember Puzzello’s
motion. Councilmember Varner seconded the motion which carried by a voice vote of
eight (8) ayes.
Councilmember Varner stated that the Redevelopment Commission about a month ago
undertook the use of TIF dollars for purposes of creating a marketing program for the
new mind area, and area which exists as he has told people mostly in “our minds” at this
point. It has broadened the definition of the use of TIF dollars which is perhaps a benefit
to the city going forward and looking for creative ways to utilize those dollars and with
regard to Councilmember Henry Davis Jr.’s comments believes that there is many ways
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REGULAR MEETING NOVEMBER 10, 2008
to create incentive development and suggest that they can push development into an area
that is not the way to do it successively. They tried to push the Hall of Fame into
downtown South Bend and it has been a problem. He stated that the Council needs to
find ways to give incentive to and successively give incentive to people that will make
the city be successful.
Councilmember White on behalf of the Public Safety Committee and Personnel &
Finance Committee stated that they were charged with the task of looking for funding for
the Crossing Guards for 2009. She stated that they have continued to look for additional
revenue streams to continue to keep the Crossing Guards. She encourages the Crossing
Guards to continue to attend the Council meetings and to continue to keep the Council
informed on any concerns that they may have. She noted that Chief Boykin’s has opened
his door for any concerns that the Crossing Guards may have and she encourage them to
make him the first point of contact with any concerns along with the Council.
Councilmember Kirsits acknowledge the Chamber of Commerce Leadership Group,
Class #35.
NEW BUSINESS PRIVILEGE OF THE FLOOR
Henry L. Davis, Sr., - stated that he is distressed, seriously. He stated that if you look
back at the history of the City of Benton Harbor and the City of Gary, those two cities
signify doughnut. There is a hole and with everything being built around the inner city
that hole never fills. He stated that Councilmember White had stated that things need to
come back in. The inner city is the nucleus of any county. He stated that the inner city is
being neglected, it’s not a doughnut, and it’s where people live. They are in distress.
They took West Washington Street which was not the best street but, yet, it was a street,
nd
and they built a compound there. There is no retail there or anywhere in the 2 District
nd
in that part of the 2 District, there is no retail on Lincolnway, West Washington and
very little on Western Avenue. The Council talks about TIF Districts and when TIF
money was being provided for the LaSalle Square Shopping Area , the neighbors got
together and discussed the issue of a senior citizen facility being built and decided that
would not be a good location, the City went ahead and is building it anyway. He stated
nd
that the citizens of the 2 District are not heard. The bottom line is this, poor people
make up the largest percentage of people in St. Joseph County. They pay the most taxes
and receive the least for their tax dollars. He stated that they have been on the short end
for long and too long. He stated that the Council as elected officials took on this task to
make lives better. He stated that he is not against tax abatements; he stated that he is
nd
against the 2 District not getting their fair share. He stated that is why he is in distress,
because lives are being so arbitrarily spoke as if they could be changed in a twinkling of
an eye. It doesn’t happen that way, this thing needs to be dealt with now, it should not be
put on the back burn, this should be in the forefront, just like Notre Dame, Eddy Street
Commons and those other areas, that they are talking about putting all that money into.
ndnd
The citizens of the 2 District support all those areas and it is time for the 2 District to
be supported.
Sandy Dreibelbeis, 203 E. Eckman, South Bend, Indiana, thanked the Council for all their
support and help in listening and working to keep the Crossing Guards. She stated that
they will keep the lines of communication open and look forward to working together to
keep the children of South Bend safe to and from school.
Melissa Machowiak – 56830 Elmer Avenue, South Bend, Indiana, thanked the Council
for hearing the concerns of the Crossing Guards. She appreciates all the hard work,
meetings, and discussions that took place to help keep the Crossing Guards. She stated
that if they have to come back next year during budget time, that the Council will listen
again.
Carol Davis, 2209 Kendall, South Bend, Indiana, encouraged the Crossing Guards to
continue attending Council’s meetings. She stated that there are issues that come before
the Council every meeting that affect everyone. Ms. Davis advised the Council that if
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REGULAR MEETING NOVEMBER 10, 2008
they want to keep handing out tax abatements, that’s fine, but if the City comes up short
on money, she doesn’t want to be around to sop up all the tears. Ms. Davis advised that
regarding Brownfield’s, the State of Indiana should use the State of Tennessee as an
example. In Tennessee, if a company has the potential to contaminate and they want to
move, they can only move to an area that was determined to be a Brownfield already.
She stated that there are so many things that the City could be doing to generate new
revenue, such as a flea market, like the one in Michigan City. They charge $10.00 per
vendor and attract over 100 vendors a day. A food pantry, generated on donations only,
like the ones down south, Metro Ministries has a second hand store and supports
themselves, they don’t go to the City of Tampa, or Hillsboro County, or the State of
Florida, asking for money, they never asked for one penny to get started, all they ever
asked for was the laws and the building codes. They have a half-way house, Tampa
Crossroads, for ex-offenders, started out the same way. If you need proof, one, go check,
two, talk to her husband, he was one of the founders of both of those organizations. She
stated that her husband can help the City of South Bend get things done without costing
any more money, it only takes asking the public to help step in.
ADJOURNMENT
There being no further business to come before the President Timothy Rouse adjourned
the meeting at 9:00 p.m.
ATTEST: ATTEST:
____________________________ ____________________________
John Voorde, City Clerk Timothy Rouse, President
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