Loading...
HomeMy WebLinkAbout11-24-08 Common Council Minutes REGULAR MEETING NOVEMBER 24, 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 24, 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: Derek D. Dieter 1st District, Chairperson Committee of the Whole 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 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 November 10, 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 November 10, 2008 meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine ayes. SPECIAL BUSINESS Council President Rouse announced that the Council will be accepting applications for openings on various Boards/Commissions: Historic Preservation Commission – a Democratic appointment; Human Rights Commission; Redevelopment Commission; Urban Enterprise Association – Two (2) residents of the zone who must not be members of the same political party; one (1) representative of a zone business. He noted that applications are available on the South Bend Common Council website at th www.southbendin.gov or at the Office of the City Clerk, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. The deadline for submitting applications is Friday, December 5, 2008. 1 REGULAR MEETING NOVEMBER 24, 2008 Council President Rouse announced a Special Meeting of the South Bend Common Council to be held Thursday, December 11, 2008 at 6:00 p.m. in the Council Chambers, th 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, to have public hearing on two Resolutions regarding the Local Option Income Tax (LOIT). Councilmember LaFountain made a motion to hold a Special Meeting on December 11, 2008, seconded by Councilmember Puzzello. The motion carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Varner) RESOLUTION NO. 3923-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING BILL MOOR FOR HIS SPECIAL JOURNALISM TALENTS IN WRITING FOR THE SOUTH BEND TRIBUNE FOR OVER 36 YEARS AND DEVELOPING A LARGE AND LOYAL READER FAN BASE Whereas, the Common Council of the City of South Bend, Indiana, recognizes that the very heart and soul of a community is shaped by the pride and dedication of its people who labor daily to make the city richer in spirit, by caring for each other’s needs and services; and Whereas, a very special and multi-talented individual, Bill Moor, has shared his many writings with the South Bend community for over thirty-six (36) years; as a South Bend Tribune sports reporter for 24 years with 17 of those years heading up that department; as a public safety reporter, and most recently as a columnist whose special touch has warmed the very souls of so many; and Whereas, Bill Moor’s unique blend of what he calls his “IU Cockiness and Fort Benning crew cut” at the beginning of his career with the South Bend Tribune grew into a series of hundreds of human interest stories which captured the minds and hearts of countless readers which have been touched by his “compelling stories”; and Whereas, Bill Moor has indeed had the pulse of our community by his special way of capturing so many of our stories which he wrote with such class, that each of us are so much richer in spirit & in thought today because of his writings through his columns on our local veterans, about those who face serious health challenges, & about life-changing adversities as well as once in a life-time adventures; and Whereas, the South Bend Common Council believes that Bill Moor’s own words summarize the true character of this fine journalist who will be so sorely missed: “…I understood that the ‘common Joes’ out there often had the best stories to tell...I also learned that the real heroes in life don’t catch touchdown passes or hit three- point shots. They are the police officers and firefighters and teachers and good parents and grizzled, old World War II veterans who came back from the trenches and made our country go….” Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates a very special journalist, 2 REGULAR MEETING NOVEMBER 24, 2008 columnist, and true “Hometown Hero” BILL MOOR for his more than 36 years of writing for the South Bend Tribune and for capturing with his pen, often with wit, sometimes with tears, but always with character and integrity the many caring stories of people and events of the Michiana community. Section II The Council wishes BILL MOORand his wife, Margaret, only the best in the years ahead as they seek new adventures with family and friends. South Bend is a . far better place today because of BILL MOOR Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain, 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney th Attest: Adopted this 24 day of November, 2008 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Dieter, 4903 Starboard Drive, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Bill Moor. A Public Hearing was held on the Resolution at this time. Mr. Moor thanked the Council for this honor. He stated that it has been a great career and understands that the real heroes were the “common Joes” who had the best stories to tell and his jobs was as good as their stories unfolded. Mr. Tim Harmon, Manager Editor, South Bend Tribune, stated that it has been a pleasure to work with Bill. The Michiana Community has been enriched and inspired by Bill’s columns. He wished Bill and his wife all the best in the years to come. Councilmember’s Varner and Kirsits offered comments and thanked Mr. Moor for his dedication to the citizens of South Bend through the stories he wrote. Councilmember Dieter made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. RESOLUTION NO. 3924-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING KENNETH KLIMEK FOR HIS DEDICATED SERVICES FOR THE SOUTH BEND TRIBUNE SINCE 1980 Whereas, the Common Council of the City of South Bend, Indiana, recognizes that South Bend is fortunate to have a diverse population with many talented individuals who contribute daily to our vibrant community, with one of these individuals being Kenneth Klimek; and Whereas, Ken was born and raised in South Bend, graduated from St. Joseph’s High School in 1963 and earned his Bachelor’s degree from Indiana University South Bend in 1968; and 3 REGULAR MEETING NOVEMBER 24, 2008 thth Whereas, Ken taught 7 and 8 grade at Holy Cross School for three years and later worked at the Niles Daily Star from 1970 to 1980 where he earned the title of Managing Editor; and Whereas, the Common Council acknowledges that the South Bend Tribune hired Ken as the Assistant Sports Editor in 1980, a position he held until his promotion to Assistant Managing Editor in 1986 through his retirement on November 14, 2008; and Whereas, in addition to his distinguished journalism career at the Tribune and the Star, Ken earned many awards and honors, some of which included earning the Indiana st Sports Writer of the Year Award in 1983 and won 1 place for his 1984 story about the riots in Detroit after the Tigers won the World Series; Ken has taught for the past ten years two journalism classes at IU South Bend; and Whereas, the South Bend Common Council believes that Kenneth Klimek epitomizes the very best of journalism by presenting the facts or describing events with accuracy and integrity, which the many readers of the South Bend area have enjoyed over the years. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates another “Hometown Hero” KENNETH KLIMEK for a job well done. Ken will long be remembered for dedicating his professional life to become a noted journalist, assistant sports editor, managing editor, assistant managing editor, teacher and professor in the South Bend and Niles areas. Section II The Council wishes KENNETH KLIMEK many more years of continued success as he ventures out to spend more time with his two sons, Todd and Kyle, and his five grandchildren. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain, 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney th Attest: Adopted this 24 day of November, 2008 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Al “Buddy” Kirsits, 722 Marquette Avenue, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Mr. Klimek. A Public Hearing was held on the Resolution at this time Mr. Klimek thanked the Council for this honor. He stated that it was Mr. Bill Moor that hired him at the South Bend Tribune. Mr. Klimek stated that he truly enjoyed working with everyone and introduced his 10 year old triplets. Additionally, Councilmember Dieter offered comments and thanked Mr. Klimek for his dedication to journalism. 4 REGULAR MEETING NOVEMBER 24, 2008 Councilmember Dieter made a motion to adopt this Resolution by acclamation. Councilmember Puzzello seconded the motion which carried. REPORTS FROM CITY OFFICES UPDATE FROM THE DEPARTMENT OF PARKS AND RECREATION Mr. Phil St. Clair, Superintendent, Parks & Recreation, 321 E. Walter St., South Bend, Indiana, gave an update on the South Bend Parks & Recreation Department Division Report for 2008. A copy of that report is on file with the Office of the City Clerk. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:40 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dieter, Chairperson, presiding. Councilmember Dieter 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 Dieter stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS 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 White made a motion to consider the substitute version of this bill as on file with the City Clerk. Council President Rouse seconded the motion which carried by a voice vote of nine (9) 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. th Ms. Catherine Fanello, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Fanello advised that on May 12, 2008, the Common Council approved and passed an ordinance which authorized the Board of Public Works upon request of the City Controller to make claim payments in advance of Board allowance of such claims pursuant to Indiana Code §36-4-8-14. It authorized this procedure in full conformity with Indiana Statute, and it is now necessary to codify such authority within the South Bend Municipal Code. Ms. Fanello noted that the substitute version of this bill adds the requirement of notice from the Controller to the Common Council of all claims preapproved by the Controller in advance of a Board of Works meeting, with the exception of claims of a payroll nature. 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 as substituted. Councilmember LaFoutain seconded the motion which carried by a roll call vote of nine (9) ayes. 5 REGULAR MEETING NOVEMBER 24, 2008 BILL NO. 71-08 PUBLIC HEARING 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 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. th Ms. Catherine Fanello, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Fanello advised that this bill would allow for the transfer to General Fund 101 a total of Sixty-Six Thousand Seven Hundred Two Dollars and Eleven Cents ($66,702.11) of dormant monies in five separate Funds and closing out those Funds. The funds are Build Indiana Fund No. 230 - $0.33, because the last Fund activity occurred in early 2006, and no further distributions to South Bend from the State of Indiana are expected; Redevelopment Bond Studebaker Corridor Fund No. 310 - $4,551.49, shall be closed because there will be no further activity in this Fund; Redevelopment Bond Century Center Fund No. 318 - $52,770.45, shall be closed because it is no longer needed due to refinancing of Century Center Bonds in 1998 and use of Fund No. 407 to pay the refinanced bonds; EDIT Bond Plaza Garage - Tax Exempt Fund No. 320 - $3,408.81; Taxable Fund No. 321 - $5,971.03, shall be closed because the Funds are no longer needed due to the refinancing of the Plaza Garage bonds in 2006 and final payment of Plaza Garage expenses in 2007. 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 Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember White made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Derek D. Dieter, Chairperson Committee of the Whole 6 REGULAR MEETING NOVEMBER 24, 2008 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 nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 9883-08 AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Dieter made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9884-08 AN ORDINANCE 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 third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3925-08 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR FIRST FEDERAL SAVINGS BANK 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 7 REGULAR MEETING NOVEMBER 24, 2008 WHEREAS, a Declaratory Resolution designated 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. 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 8 REGULAR MEETING NOVEMBER 24, 2008 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; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or 9 REGULAR MEETING NOVEMBER 24, 2008 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, Abonmarche Consultants, LLC, 750 Lincoln Way East, South Bend, Indiana, made the presentation on behalf of the current owner, First Federal Savings Bank and the contingent owner Weiss Homes, Inc. Mr. Spier advised that Sections 2 and 3 of the subject subdivision were each granted five- year residential real property tax abatements on January 27, 2003, and December 8, 2003, respectively, through Common Council Resolution numbers 3156-03 and 3277-03. the Common Council’s resolutions confirmed their earlier declaratory resolutions designating Sections 2 and 3 as Residentially Distressed Areas (RDAs) and those designations were limited to five calendar years from the dates of the adoption of the declaratory resolutions, which were January 13, 2003, and November 24, 2003. The RDA designation is required in order for the developer, First Federal in collaboration with Weiss Homes, to offer tax abatements on the lots remaining to be sold in Section 2 and 3. The two sections contain a total of 83 lots. The two sections are located on approximately 12 acres. Homes will range between 1,800 and 2,900 square feet in size. The estimated average price of the homes if $215,000. 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 Dieter made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the 10 REGULAR MEETING NOVEMBER 24, 2008 Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3926-08 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS – SECTION 2, 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 A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as Lots Address Tax Key #s 32 2322 Basin Street 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 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 11 REGULAR MEETING NOVEMBER 24, 2008 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 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 12 REGULAR MEETING NOVEMBER 24, 2008 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; 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: 13 REGULAR MEETING NOVEMBER 24, 2008 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. 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 14 REGULAR MEETING NOVEMBER 24, 2008 adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Derek Spier, Planner, Abonmarche Consultants, LLC, 750 Lincoln Way East, South Bend, Indiana, made the presentation on behalf of the owner Tampico Developments, LLC. Mr. Spier advised that Tampico Developments intends to develop 19.9 acres of agricultural farmland into 80 residential lots. The lots will be located within the proposed development called Crescent Oaks, Section 2. 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 will range in size from 1,200 to 2,300 square feet and will include basements. The estimated average price of a home is $163,000. 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 Dieter 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 and one (1) nay (Councilmember Henry Davis.) RESOLUTION NO. 3927-08 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 VACANT LAND ADJACENT TO 3305 LATHROP DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE-YEAR REAL PROPERTY TAX ABATEMENT FOR GATEWAY PLAZA REAL ESTATE, LLC WHEREAS, a petition for real property tax abatement has been 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 Vacant Land Adjacent to 3305 Lathrop Drive, South Bend, Indiana, and which is more particularly described as follows: Lot 2 Total Industries Lathrop St-Minor-04/05 New Replat Trans 14822- 2/06/04 and which has Key Number 25-1010-0409.01 presently at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community 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 an Economic Revitalization 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 an Economic Revitalization Area. 15 REGULAR MEETING NOVEMBER 24, 2008 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 completed by the Petitioner 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 the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. 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. 16 REGULAR MEETING NOVEMBER 24, 2008 SECTION VIII. 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 Derek Dieter, 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. Ms. Jamie Ruiz, Managing Director, Financial and Asset Services, CB Richard Ellis/Bradley, 202 S. Michigan Street, Suite 200, South Bend, Indiana, made the presentation on behalf of the property owner Gateway Plaza Real Estate, LLC. Ms. Ruiz advised that Gateway Plaza is proposing to construct a combination warehouse/flex building. The building will be approximately 31,819 square feet in size and can be demised to seven units of approximately 4,320 square feet each. The building will become Phase IV of the adjacent Gateway Plaza and will be of similar construction. Tenants in the building are likely to be primarily warehouse users, but with some need for front-office space or showroom areas. All suites will have grade-level overhead door access, with at least four slated for dock access as well. 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 Dieter made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS – FIRST READING BILL NO. 72-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AMBULANCE/MEDICAL USE FEES AND DEDICATED FUND This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety Committee and the Personnel & Finance Committee and set it for Public Hearing and Third Reading on December 12, 2008. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 73-08 FIRST READING ON A BILL TO VACATE A PORTION OF THE RIGHT OF WAY OF CALLENDER STREET FROM US 31 SOUTH (MICHIGAN STREET), BUT NOT REACHING ST. JOSEPH STREET, FOR A DISTANCE OF 500 FEET, MORE OR LESS, AND A WIDTH OF 50 FEET This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set if for Public Hearing and Third Reading on December 8, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 17 REGULAR MEETING NOVEMBER 24, 2008 BILL NO. 74-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALL RIGHTS- OF-WAY WITHIN THE CRESCENT OAKS, SECTION ONE SUBDIVISION, EXCLUDING THE 40 FOOT WIDE HALF RIGHT-OF-WAY OF IRONWOOD ROAD This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set if for Public Hearing and Third Reading on December 8, 2008. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 75-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2008 INCLUDING $320,000 FROM SOLID WASTE FUND (#610), $500,000 FROM WATER WORKS FUND (#620), $50,000 FROM RELEAF FUND (#655), $46,057 FROM HALL OF FAME DEPRECIATION FUND (#677), AND $800,000 FROM SEWAGE WORKS OPERATIONS FUND (#641) This bill had first reading. Councilmember Varner made a motion to accept the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Puzzello made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 8, 2008. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 76-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2008 INCLUDING $500,000 FROM GENERAL FUND (#101) AND $100,000 FROM COIT FUND (#404) This bill had first reading. Councilmember LaFountain made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 8, 2008. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 18 REGULAR MEETING NOVEMBER 24, 2008 BILL NO. 77-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE CENTURY CENTER ENTERPRISE FUND 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 first reading. Councilmember White made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 8, 2008. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 78-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2008 This bill had first reading. Councilmember LaFountain made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 8, 2008. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 79-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 4-51 AND SECTION 4-6 OF THE SOUTH BEND MUNICIPAL CODE TO PLACE OVERSIGHT RESPONSIBILITY WITH THE CITY CLERK FOR LICENSEES OF SCRAP METAL, JUNK, VALUABLE METAL AND RECYCLING OPERATIONS This bill had first reading. Councilmember LaFountain made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 8, 2008. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 19 REGULAR MEETING NOVEMBER 24, 2008 BILL NO. 80-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14, ARTICLE 9, SECTIONS 14-56 AND 14-57 OF THE SOUTH BEND MUNICIPAL CODE TO PLACE OVERSIGHT RESPONSIBILITY WITH THE CITY CLERK FOR TEMPORARY RESIDENTIAL ONE-DAY CONDITIONAL USE PARKING PERMITS This bill had first reading. Councilmember White made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 8, 2008. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 81-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH A NEW NONREVERTING LOSS RECOVERY FUND This bill had first reading. Councilmember LaFountain made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 8, 2008. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 82-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR AND OR CONTROLLER OF THE CITY OF SOUTH BEND TO MAKE TEMPORARY LOANS TO PAY OFF PREVIOUSLY ISSUED WARRANTS AND MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY AND TO ISSUE TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND APPROPRIATING AND PLEDGING TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF THE WARRANTS INCLUDING THE INTEREST THEREON This bill had first reading. Councilmember White made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 8, 2008. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. 20 REGULAR MEETING NOVEMBER 24, 2008 UNFINISHED BUSINESS REPORT FROM THE AREA PLAN COMMISSION BILL NO. 63-08 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 921 NORTH BENDIX DRIVE, SOUTH BEND, IN 46628 COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on December 8, 2008. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis, Jr.) NEW BUSINESS Councilmember Kirsits reported that the Community Campus Advisory Coalition (CCAC) end of year report is on file with the Office of the City Clerk. Councilmember Varner reported that he attended the Redevelopment Commission Meeting and a copy of the agenda and minutes are on file with the Office of the City Clerk. Councilmember Henry Davis, Jr. reported that he is a member of the LaSalle Square Steering Committee. He advised that the next meeting will be held on Wednesday, November 26, 2008. Council President Timothy Rouse reported that he attend the November 17, 2008 meeting of the Waste Management Board. He advised that they are in the process of renewing the recycling program. He noted the Board’s concern of the excess of electronic devices being recycled with the conversion from analog to digital television. Councilmember White reported that she is the Advisor to the Youth Advisory Council. She advised that at the last meeting the Youth Council identified goals and objectives for 2009. They also entertained ideas of how to sustain youth involvement after the Presidential Election. PRIVILEGE OF THE FLOOR COMMENTS FROM JERRY NIEZGODSKI REGARDING 2009 BUDGET Jerry Niezgodski, 2930 Bonds Avenue, South Bend, Indiana, spoke regarding the 2009 Budget. Mr. Niezgodski advised that he is still looking at the 2009 budget of the City of South Bend. He questioned the need for having so many employees in the Water Department. He stated that he understands the reason for more public safety officers because of the crime data statistics being higher in South Bend. He also noted that South Bend leads the State in arsons. He asked the Council to take another look at the 2009 budget to see if cuts in personnel can be made and that he looks forward to sharing information with the Council as he continues to research other cities comparable to South Bend and compare their budgets to South Bend. 21 REGULAR MEETING NOVEMBER 24, 2008 ADJOURNMENT There being no further business to come before the President Timothy Rouse adjourned the meeting at 8:17 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Timothy Rouse, President 22