HomeMy WebLinkAbout12-08-08 Common Council Mintues
REGULAR MEETINGDECEMBER 8, 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, December 8, 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
Absent: 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 24, 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 24, 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 announced a Special Meeting of the Council to be held
th
on Monday, December 29, 2008, at 12:00 noon, in the Council Chambers, 4 Floor
County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana for the sole purpose
of hearing the Inter-fund Transfer Ordinance. Councilmember LaFountain made a
motion to hold a Special Meeting of the Council on December 29, 2008, at 12:00 noon,
for the sole purpose of hearing the Inter-Fund Transfer Ordinance. Councilmember
Puzzello seconded the motion which carried by a voice vote of eight (8) ayes.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:05 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 eight (8) ayes. Councilmember Dieter, Chairperson, presiding.
1
REGULAR MEETINGDECEMBER 8, 2008
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. 63-08 PUBLIC HEARING ON A BILL
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 Varner made a motion to continue this bill until the January 12, 2009
meeting of the Council. Councilmember Puzzello seconded the motion which carried by
a voice vote of eight (8) ayes.
BILL NO. 73-08 PUBLIC HEARING 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
Councilmember Varner, Chairperson, Public Works and Property Vacation Committee,
reported that this committee held a Public Hearing on this bill this afternoon and voted to
send it to the full Council with no recommendation due to the lack of a quorum.
Mr. Frank J. Agostino, Attorney, 120 W. LaSalle Avenue, Suite 704, South Bend,
Indiana, made the presentation for this bill on behalf of the petitioner T. Arthur Stump.
Mr. Agostino advised that the petitioner is seeking to vacate a portion of the rights of way
of Callendar Street from U.S. 31 South (Michigan Street), but not reaching St. Joseph
Street, for a distance of 500 feet, more or less, and a width of 50 to enable the property to
be used in a retail store development.
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 Puzzello seconded
the motion which carried by a voice vote of eight (8) ayes.
BILL NO. 74-08 PUBLIC HEARING 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
2
REGULAR MEETINGDECEMBER 8, 2008
Councilmember Varner, Chairperson, Public Works and Property Vacation Committee,
reported that this committee held a Public Hearing on this bill this afternoon and voted to
send it to the full Council with no recommendation due to the lack of a quorum.
Mr. Derek Spier, Planner, Abonmarche Consultants, LLC., 750 Lincoln Way East, South
Bend, Indiana, made the presentation for this bill on behalf of the petitioner Tampico
Development, LLC.
Mr. Spier advised that the petitioner Tampico Development, LLC., wishes to vacate all
rights-of-way within the Crescent Oaks, Section One Subdivision as recorded under
Instrument Number 0829850 in the Office of the Recorder of St. Joseph County, Indiana,
excluding the 40 foot wide half right-of-way of Ironwood Road. The rights-of-way to be
vacated include Canal Street, Royal Street, St. Charles Avenue, and Basin Street. Mr.
Spier noted that that the vacation request is to correct an error between the locations of
the rights-of-way as shown on the recorded subdivision plat and the locations of the
rights-of-way as constructed. The rights-of-way as constructed are located approximately
10 feet east and 4 feet north of the rights-of-way as recorded.
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 Oliver Davis made a motion for favorable
recommendation to full Council concerning this bill. Councilmember Puzzello seconded
the motion which carried by a voice vote of seven (7) ayes and one (1) nay
(Councilmember Henry Davis.)
BILL NO. 72-08 PUBLIC HEARING 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
Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported
that this Committee met this afternoon on this bill and sends it to the Council with a
favorable recommendation.
Councilmember Al “Buddy” Kirsits advised that he is a member of the South Bend Fire
Department and after discussion with Council Attorney Kathleen Cekanski-Farrand it
was determined that no conflict exists.
Stephen Cox, Assistant Chief, Emergency Medical Services, South Bend Fire
Department, 1222 S. Michigan Street, South Bend, Indiana, made the presentation for
this bill.
Chief Cox advised that the City Ambulance User Fees charged by the South Bend Fire
Department have not had an increase since 2002. However, the costs of providing this
service have increased since that time. There have been salary increases, increased
equipment costs, and as everyone is aware, increased fuel cost.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
Councilmember Rouse stated that he believed that given the state of the national
economy this is not the time to be raising fees for ambulance service. He advised that he
would not be voting in favor of this bill.
Councilmember LaFountain stated that as Chairperson of the Personnel and Finance
Committee, they held many meetings this past summer and it was suggested time and
3
REGULAR MEETINGDECEMBER 8, 2008
time again that new revenue streams need to be found in light of HEA 1001 that was
passed by the State Legislature lowering the amount of property tax revenue that the City
will be receiving. He commended the Fire Department for looking at ways to increase
revenues especially during these hard economic times.
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 Kirsits seconded
the motion which carried by a voice vote of seven (7) ayes and one (1) nay
(Councilmember Rouse.)
BILL NO. 79-08 PUBLIC HEARING 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
BILL NO. 80-08 PUBLIC HEARING 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
Councilmember Varner made a motion to combine these bills for purposes of Public
Hearing. Councilmember Oliver Davis seconded the motion which carried by a voice
vote of eight (8) ayes.
Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported
that this Committee met this afternoon on these bills and sends them to the Council with a
favorable recommendation.
th
Catherine Fanello, City Controller, 12 Floor County-City Building, 227 W. Jefferson
Blvd., South Bend, Indiana, made the presentation for these bills.
Ms. Fanello advised that these bills would allow for the transfer of duties regarding
certain tasks related to licensing of Scrap Metal, Junk, Valuable Metal and Recycling
Operations and Residential One-Day Conditional Use Parking Permits to the City Clerk’s
Office.
This being the time heretofore set for the Public Hearing on the above bills, 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 these bills, Councilmember Puzzello made a motion for favorable
recommendation to full Council concerning Bill No. 79-08. Councilmember Kirsits
seconded the motion which carried by a voice vote of eight (8) ayes. Additionally,
Councilmember Puzzello made a motion for favorable recommendation to full Council
concerning Bill No. 80-08. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of eight (8) ayes.
4
REGULAR MEETINGDECEMBER 8, 2008
BILL NO. 81-08 PUBLIC HEARING 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
Councilmember Varner made a motion to hear the substitute version of this bill.
Councilmember
Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported
that this Committee met this afternoon on this bill and sends it to the Council with a
favorable recommendation.
th
Catherine Fanello, City Controller, 12 Floor County-City Building, 227 W. Jefferson
Blvd., South Bend, Indiana, made the presentation for these bills.
Ms. Fanello advised that from time to time the City of South Bend has recovered monies
on claims against third parties for losses arising from harm to City owned assets,
including intangible assets. She stated that at this time, the City has no separate fund in
which to place such loss recoveries. This bill would create such a separate, non-reverting
fund.
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
Rouse seconded the motion which carried by a voice vote of eight (8) ayes.
BILL NO. 75-08 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA,
APPROPRIATING ADDITIONAL FUNDS
FOR CERTAIN DEPARTMENTAL AND
CITY SERVICES OPERATIONS IN 2008
INCLUDING $320,000 FROM SOLID
WASTE FUND (#610), $500,000 FROM
WATER WORKS FUND (#620), $50,000
FROM RELEAF FUND (#655), $150,000
FROM HALL OF FAME DEPRECIATION
FUND (#677), AND $800,000 FROM
SEWAGE WORKS OPERATIONS FUND
(#641)
BILL NO. 76-08 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA,
APPROPRIATING ADDITIONAL FUNDS
FOR CERTAIN DEPARTMENTAL AND
CITY SERVICES OPERATIONS IN 2008
INCLUDING $500,000 FROM GENERAL
FUND (#101) AND $100,000 FROM COIT
FUND (#404)
5
REGULAR MEETINGDECEMBER 8, 2008
Council Attorney Kathleen Cekanski-Farrand advised that there was a scrivener’s error in
Bill No. 75-08. The correct amount if $150,000 from the Hall of Fame Depreciation
Fund (#677), it was corrected at the last meeting and properly advertised.
Councilmember Puzzello made a motion to combine these bills for purposes of Public
Hearing Councilmember LaFountain seconded the motion which carried by a voice vote
of eight (8) ayes.
Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported
that this Committee met this afternoon on these bills and sends them to the Council with a
favorable recommendation.
th
Catherine Fanello, City Controller, 12 Floor County-City Building, 227 W. Jefferson
Blvd., South Bend, Indiana, made the presentation for these bills.
Ms. Fanello advised these bills are appropriations to clear up end of year accounting.
Many of the appropriations are due to fuel costs greater than anticipated, automotive
repairs and other small items that needed to be appropriated the majority of which are
from utility funds. The amounts that were advertised were higher in order so that if
something came in at the last minute. She stated that she was always taught to advertise
higher so the Council will only be passing the amounts that were given on the
attachments which are much lower than the advertised amounts.
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 these bills.
Councilmember Oliver Davis made a motion for favorable recommendation to full
Council concerning Bill No. 75-08. Councilmember Kirsits seconded the motion which
carried by a voice vote of eight (8) ayes.
Councilmember LaFountain made a motion for favorable recommendation to full Council
concerning Bill No. 76-08. Councilmember Puzzello seconded the motion which carried
by a voice vote of eight (8) ayes.
BILL NO. 77-08 PUBLIC HEARING 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
Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported
that this Committee met this afternoon on this bill and sends it to the Council with a
favorable recommendation.
th
Catherine Fanello, City Controller, 12 Floor County-City Building, 227 W. Jefferson
Blvd., South Bend, Indiana, made the presentation for these bills.
Ms. Fanello advised that this bill would appropriate monies to defray the expenses of the
Century Center Enterprise Fund for the City of South Bend, Indiana for fiscal year 2009.
6
REGULAR MEETINGDECEMBER 8, 2008
She noted that this fund was not included in the budget ordinance passed on November
10, 2008.
Councilmember Varner stated that he would like to see Century Center be more
productive and become a real producer. He stated that he hoped next year will be a better
year and if not the Council will need to look at other opportunities.
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 Henry Davis 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. 78-08 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, FOR BUDGET
TRANSFERS FOR VARIOUS
DEPARTMENTS WITHIN THE CITY OF
SOUTH BEND, INDIANA FOR THE
YEAR 2008
Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported
that this Committee met this afternoon on this bill and sends it to the Council with a
favorable recommendation.
th
Catherine Fanello, City Controller, 12 Floor County-City Building, 227 W. Jefferson
Blvd., South Bend, Indiana, made the presentation for these bills.
Ms. Fanello advised that this bill would allow for the transfer of funds within various
funds within various departments of the City for expenses in calendar year 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 Puzzello seconded
the motion which carried by a voice vote of eight (8) ayes.
BILL NO. 82-08 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA,
AUTHORIZING THE MAYOR AND OR
CONTROLLER OF THE CITY OF
SOUTH BEND TO MAKE TEMPORARY
LOANS TO PAY OFF PREVIOUSLY
ISSUED 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
7
REGULAR MEETINGDECEMBER 8, 2008
Councilmember Dieter advised that there has been a request by the petitioner to strike
this bill from consideration. Therefore, Councilmember Puzzello made a motion to strike
this bill. Councilmember Varner seconded the motion which carried by a voice vote of
eight (8) ayes.
RISE AND REPORT
Councilmember Oliver Davis 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
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 7:37 p.m. Council
President Tim Rouse presided with nine (9) members present.
BILLS – THIRD READING
ORDINANCE NO. 9885-08 AN ORDINANCE 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 third reading. Councilmember Varner made a motion to pass this bill.
Councilmember Dieter seconded the motion which carried. The bill passed by a roll call
vote of eight (8) ayes.
ORDINANCE NO. 9886-08 AN ORDINANCE 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 third reading. Councilmember Varner made a motion to pass this bill.
Councilmember Dieter seconded the motion which carried. The bill passed by a roll call
vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis.)
8
REGULAR MEETINGDECEMBER 8, 2008
ORDINANCE NO. 9887-08 AN ORDINANCE 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 third reading. Councilmember Varner made a motion to pass this bill.
Councilmember Dieter seconded the motion which carried. The bill passed by a roll call
vote of seven (7) ayes and one (1) nay (Councilmember Rouse.)
ORDINANCE NO. 9888-08 AN ORDINANCE 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 third reading. Councilmember Oliver Davis 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.
ORDINANCE NO. 9889-08 AN ORDINANCE 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 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. 9890-08 AN ORDINANCE 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 third reading. Councilmember Puzzello made a motion to amend this bill as
it was in the Committee of the Whole. Councilmember LaFountain seconded the motion
which carried. Additionally, Councilmember Puzzello made a motion to pass this bill as
amended in the Committee of the Whole. Councilmember LaFountain seconded the
motion which carried. The bill passed by a roll call vote of eight (8) ayes.
9
REGULAR MEETINGDECEMBER 8, 2008
ORDINANCE NO. 9891-08 AN ORDINANCE 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), $150,000
FROM HALL OF FAME DEPRECIATION
FUND (#677), AND $800,000 FROM
SEWAGE WORKS OPERATIONS FUND
(#641)
This bill had third reading. Councilmember Oliver Davis made a motion to amend this
bill as it was in the Committee of the Whole. Councilmember Dieter seconded the
motion which carried. Additionally, Councilmember Oliver Davis 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. 9892-08 AN ORDINANCE 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 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. 9893-08 AN ORDINANCE 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 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.
10
REGULAR MEETINGDECEMBER 8, 2008
ORDINANCE NO. 9894-08 AN ORDINANCE 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 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.
RESOLUTIONS
RESOLUTION NO. 3928-08 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY
KNOWN AS VACANT LAND
ADJACENT TO 3305 LATHROP DRIVE
AS AN ECONOMIC REVITALIZATION
AREA FOR PURPOSES OF A THREE-
YEAR REAL PROPERTY TAX
ABATEMENT FOR GATEWAY PLAZA
REAL ESTATE, LLC
WHEREAS, the Common Council of the City of South Bend, Indiana, has
adopted a Declaratory Resolution designating certain areas within the City as Economic
Revitalization Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as
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, as an Economic Revitalization
Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public
hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5;
and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrance’s and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as an Economic Revitalization Area for the
purposes of tax abatement. Such designation is for Real property tax abatement only and
is limited to two (2) calendar years from the date of adoption of the Declaratory
Resolution by the Common Council.
11
REGULAR MEETINGDECEMBER 8, 2008
SECTION II. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for a period of three (3) years,
and further determines that the petition, the Memorandum of Agreement between the
Petitioner and the City of South Bend, and the Statement of Benefits comply with
Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code
6-1.1-12 et seq.
SECTION III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the Mayor.
s/Timothy A. Rouse
Member of the Common Council
Ms. Jamie Ruiz, CB Richard Ellis, 202 S. Michigan Street, Ste. 200, South Bend,
Indiana, made the presentation on behalf of the owner Gateway Plaza.
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. The building site covers
approximately 1.94 acres. The estimated cost of Phase IV construction if $1,480,180.
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 Varner seconded the motion which carried and the
Resolution was adopted by a roll call vote of eight (8) ayes.
RESOLUTION NO. 3929-08 A RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA AUTHORIZING AND
APPROVING THE EXECUTION OF A
CERTIFIED TECHNOLOGY PARK
AGREEMENT WITH THE SOUTH BEND
REDEVELOPMENT COMMISSION, AND
THE INDIANA ECONOMIC
DEVELOPMENT CORPORATION
WHEREAS, the establishment of high technology activities and
public facilities related to such activities serve a public purpose and are of benefit to the
general welfare of the citizens of the City of South Bend and the State of Indiana for the
reasons that such activities and facilities encourage investment, facilitate job creation and
retention, and provide for economic growth and diversification; and
WHEREAS, Indiana Code § 36-7-32-1, et seq. (“Act”) provides authority for a local
governmental unit to apply to the Indiana Economic Development Corporation (“IEDC”)
for designation of all or part of the territory within the jurisdiction of the governmental
unit’s redevelopment commission as a “certified technology park”, as defined by the Act;
and
WHEREAS, in accordance with the Act, the City of South Bend (“City”) has filed
an application with IEDC dated August 12, 2008 (“Application”) for the designation of an
area as a certified technology park (“Certified Technology Park”), such area being more
particularly described in Exhibit “A” attached hereto and incorporated herein ; and
12
REGULAR MEETINGDECEMBER 8, 2008
WHEREAS, the IEDC has reviewed the City’s Application, and has determined
that the Application meets the requirements and objectives of the Act; and
WHEREAS, the Act further provides that, upon IEDC’s designation of a certified
technology park, the IEDC, the South Bend Redevelopment Commission (“Commission”)
and the City of South Bend acting by and through its legislative body, the South Bend
Common Council (“Council”) may enter into an agreement establishing the terms and
conditions governing the certified technology park; and
WHEREAS, the Council desires to support and provide for the proper operation
and maintenance of the Certified Technology Park described at Exhibit “A” by entering
into a Certified Technology Park Agreement with IEDC and the Commission, the form of
such Agreement is attached hereto and incorporated herein as Exhibit “B”.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The Certified Technology Park Agreement among the Indiana
Economic Development Corporation and the South Bend Redevelopment
Commission that is attached hereto as Exhibit “B” is hereby approved.
Section II. The Mayor, the City Clerk and the Controller, and such other
officers of the City as may be necessary and appropriate, are, and each of them is,
hereby authorized to take any and all actions and to execute all such instruments
as may be necessary or appropriate to accomplish the establishment, operation
and maintenance of the Certified Technology Park.
Section III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/Timothy A. Rouse
Member of the Common Council
Councilmember Puzzello, Vice Chairperson, Community and Economic Development
Committee, reported that this committee met this afternoon and due to the lack of a
quorum sends this bill to the full Council with no recommendation.
th
Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South
Bend, Indiana, made the presentation for this bill.
Mayor Luecke advised that he is asking the Council approval this evening of an
agreement with the Indiana Economic Development Commission designating the
Certified Tech Park. This is a two-site location, the first two site location in the State of
Indiana to receive a certified Tech Park Designation. The northern site is Innovation
Park just south of the University of Notre Dame and including the IU School of
Medicine. The southern site is of course the area that the City has been clearing south of
Sample St. in the old industrial corridor. He stated that he is excited about this
opportunity. In some ways it is the end of a lot of hard work, among various partners, but
it is also the beginning of a lot of hard work as the City looks to attract new companies,
new investment, new jobs to this community. He stated that he appreciates the support
and acknowledgement by the Indiana Economic Development Commission of the work
that has been done in partnership with the University of Notre Dame, and Project Future
helping as well. This designation will do a number of things, one it will provide benefits,
potential benefits to companies that locate within the Certified Tech Park areas, two it
will allow the City to capture some tax dollars. The bulk of which would otherwise have
gone to the state. Up to 5 million dollars over the four year period of this designation can
be captured in sales taxes generated within the designated area or employment taxes
designated within the area as well. Those dollars will be used for further investment
within those two sites to be able to further the activities of the park and to hopefully bring
additional investment and jobs to the community. This does require some commitments
13
REGULAR MEETINGDECEMBER 8, 2008
on the part of the City, first a commitment to finish clearing the approximately 80 acres
site at Sample Street and finish remediation activities there. They believe that they can
meet that commitment and obviously cleared much of the land already, there is another
building to acquire and clear there that is on the City’s agenda and do have funding
sources in place to do that. Secondly, it call for the City to invest an additional $6 million
dollars in the site for infrastructure and preparation of the site to make it ready to capture
companies as they grow out of Innovation Park and to keep those companies here in
South Bend for the benefit of the Community.
th
Don Inks, Director, Community & Economic Development, 12 Floor County-City
Building, South Bend, Indiana, stated that the agreement is for four (4) years, so it would
end December 31, 2012. It does allow the City to potentially collect tax increment
financing related to real and personal property for the project. The agreement also
requires the construction of a 54,000 square foot business incubator facility and that
would be constructed by the University of Notre Dame. The City is also required to
make annual reports, those reports would start March 2010, and the first one would be for
the calendar year 2009. Those annual reports would include information on the number
of jobs, total employment, payroll for all businesses in the park, the nature and extent of
any technology transfer and a few other things all related to determining the progress that
the city is making on the Technology Park.
David Brenner, Director, Innovation Park, 217 S. Michigan Street, South Bend, Indiana,
stated that they have applied for non-profit status and have been told that it would take
anywhere between six and eight months to actually hear from the IRS.
Mayor Luecke stated that the Studebaker Corporate Headquarters building is expected to
remain. He stated that the Historic Landmarks Foundation has taken control of that
property and have been working with a developer for some alternate uses for that
building. He stated that they are still hopeful although there have been some delays in
moving forward on that at this point.
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 eight (8) ayes.
BILLS – FIRST READING
BILL NO. 83-08 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, CLOSING
WATER LEAK INSURANCE FUND NO.
644, TRANSFERRING THE BALANCE
TO WATER WORKS OPERATING FUND
NO. 620, AND REPEALING ARTICLE 6
OF CHAPTER 17 OF THE SOUTH BEND
MUNICIPAL CODE
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
January 12, 2009. Councilmember Dieter seconded the motion which carried by a voice
vote of eight (8) ayes.
14
REGULAR MEETINGDECEMBER 8, 2008
BILL NO. 84-08 FIRST READING ON A BILL
AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 421
NAVARRE AND 419 NAVARRE (NOW
KNOWN AS 541 WILLIAM AND 543
WILLIAM), COUNCILMANIC DISTRICT
NO. 1 IN THE CITY OF SOUTH BEND,
INDIANA
This bill had first reading. Councilmember Varner made a motion to refer this bill to the
Area Plan Commission. Councilmember Dieter seconded the motion which carried by a
voice vote of eight (8) ayes.
BILL NO. 85-08 FIRST READING ON A BILL
AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT THE
SOUTHEASTERLY CORNER OF IVY
COURT & TWYCKENHAM DRIVE,
SOUTH BEND, INDIANA 46637,
COUNCILMANIC DISTRICT NO. 4, IN
THE CITY OF SOUTH BEND, INDIANA
This bill had first reading. Councilmember Oliver Davis made a motion to refer this bill
to the Area Plan Commission. Councilmember Dieter seconded the motion which carried
by a voice vote of eight (8) ayes.
BILL NO. 86-08 FIRST READING ON A BILL
AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 3013
SAMPLE STREET, SOUTH BEND, IN
46619, COUNCILMANIC DISTRICT 6 IN
THE CITY OF SOUTH BEND, INDIANA
This bill had first reading. Councilmember Varner made a motion to refer this bill to the
Area Plan Commission. Councilmember Dieter seconded the motion which carried by a
voice vote of eight (8) ayes.
BILL NO. 87-08 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA,
APPROPRIATING AN ADDITIONAL
$500.00 FROM SOLID WASTE CAPITAL
FUND NO. 611, AND AN ADDITIONAL
$75,000 FROM SEWER INSURANCE
FUND NO. 640
This bill had first reading. Councilmember Varner made a motion to refer this bill to the
Utilities Committee and set it for Public Hearing and Third Reading on January 12, 2009.
Councilmember Dieter seconded the motion which carried by a voice vote of eight (8)
ayes.
15
REGULAR MEETINGDECEMBER 8, 2008
BILL NO. 88-08 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING
AN AMORTIZED REPAYMENT
SCHEDULE OUT OF TAX INCREMENT
FINANCE (TIF) FUNDS OF THE LOAN
FROM MAJOR MOVES FUND (#412)
FOR THE DOUGLAS ROAD
EXPANSION PROJECT
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Public Works and Property Vacation Committee and set it for Public Hearing and
Third Reading on January 12, 2009. Councilmember Dieter seconded the motion which
carried by a voice vote of eight (8) ayes.
UNFINISHED BUSINESS
There was no unfinished business to come before the Council at this time.
NEW BUSINESS
Councilmember Oliver Davis announced that he and Councilmember Henry Davis, Jr.
attended the Dedication and Renovation of the Western Branch Library at 611 Lombardy
Drive. He stated that the branch now features a gas fireplace, a vending machine café,
children’s area, teen section and 3,000 additional feet of floor space. He urged all
residents to visit the newly renovation library.
Councilmember Puzzello stated that she attended the Potowatomi Greenhouse and
Conservatories Christmas Open House. She reported that it was a wonderful time and
enjoyed all the lovely decorations. She encouraged everyone to visit the Greenhouse and
Conservatories.
PRIVILEGE OF THE FLOOR
Marge Chomyn, 3101 Salem Drive, South Bend, Indiana, spoke regarding no new taxes.
She stated she is trying to maintain her little house, less than 1,100 square feet. Ms.
Chomyn advised that everything is going up, taxes, utilities, etc. She stated that her
quality of life is going down along with just trying to maintain her existence. She stated
that she is struggling to be a tax paying citizen. She pleaded with the Council to vote no
new taxes. She advised the Council to find the money elsewhere and not put it on the
backs of the citizens who are left in the City of South Bend, those being senior citizens
and minorities.
Viola Stam, 2521 Lincolnway West, South Bend, Indiana, spoke regarding no new taxes.
She stated that she has lived in South Bend for almost 50 years and loves the City of
South Bend. However, no more taxes, she stated that the residents cannot afford them.
She stated that when you pick up the newspaper and see all the companies in trouble, the
nation is in trouble, banks are in trouble. She stated that the citizens do not need any new
taxes piled up on them. She stated that she is a senior citizen who loves South Bend,
however, South Bend is taxes its residents to death.
Greg Burkowski, 20155 Roosevelt Road, South Bend, Indiana, spoke regarding no new
taxes. He stated that he used to live in the City for eleven years. Mr. Burkowski stated
that if the City would divest itself with the real estate that it has bought up and closed
down, demolished blighted, residential, commercial and industrial property that would go
a long way towards alleviating some of the problems. The City has had a track record of
buying up properties, running up the market value, then selling them for up to 75% of
what they paid for them, in the name of Economic Development, just to get rid of these
nuisance properties. He stated that the Mayor promised to redirect some of the TIF
money to the General Fund if it needed it for public safety, government expenses and
16
REGULAR MEETINGDECEMBER 8, 2008
schools. He advised that Plymouth did it, why can’t South Bend? He noted that while on
the subject, the City needs to get out from underneath the College Football Hall of Fame,
that is a half-million bucks year going down the drain and the City is getting no benefit
from. Not to mention the cost of servicing the bond issue. He stated that unemployed,
underemployed, taxpayers have reached their limits. He stated that they cannot even
afford to maintain their own homes properly, obtain good health care, drive shining new
cars, eat as good as they did in the 70’s or even properly maintain the old cars. He stated
that they have to do all these things by themselves and advised that it is not always the
best quality of work, because they cannot afford to pay somebody else to do it. He stated
that this is going to affect him because the County is right on the same band wagon on
raising these taxes. He stated that if it means reducing the staff at City Hall or reducing
salaries and benefits, it has to be done. He stated that the Council cannot reduce police or
fire protection as has been threatened. He noted that the City of South Bend is the most
unsafe place that he has seen in his entire life. He would love to be able to drive
anywhere in this town at any time of day without having to worry about bullets flying his
way. He stated that the Circuit Breaker was passed with one thing in mind and that was
to stop municipalities, counties and other agencies within the State from further taxing
their people when they get into a budget shortfall. As has been done in the past with
property taxes and now they want to do it with income taxes. He stated that it will take a
lot courage, knowledge and experience to do the right thing for the taxpayers. The
reaching into the pockets of the unemployed, underemployed and elderly taxpayers of
this city to float a bloated budgeted is not the right thing to do, fiscal restraint is.
Paul Kusbach, 54497 Longwood Drive, South Bend, Indiana, spoke regarding the
reinstatement of the Dollar House Program. He stated that he has been a life-long
resident of this town. He stated that he is not here to talk about problems only solutions.
20 yrs. 6mos., almost to the date, he was awarded a home in the City of South Bend for
$1. He stated that he would like to see this program come back. He would like to see
and give the Council a solution to all the blighted areas of the city. It tore his heart out as
he drove through the city and saw numbers sprayed painted on homes waiting to be torn
down. He stated that he took a boarded up home on the west side of South Bend, that
was slated for demolition and rehab that home. He lived in that home for 6 years, paid
rd
the taxes and sold it. Mr. Kusbach stated that the home is on it’s 3 ownership now. The
City has been received as well as the County, and State the tax revenue, not counting into
fact all the general contractors, electrical, plumbing, heating & air condition. Mr.
Kusbach stated that the house made him, not only by rehab this home, but rehabbing over
two dozens homes in this town. He stated that he owns those homes free and clear.
Every single one of the homes that he owns is a repossessed home, 10 of those homes
were slated for demolition. Every single one of those homes except for one has a vacant
lot sitting next to it, maybe two or three vacant lots. 5 to 10 years ago they were not
vacant lots, they were viable homes. He urged the Council to take the challenge like the
people he has been talking to in Cleveland, Ohio, to take a small portion of money
$150,000, to buy up homes and give them away, to viable people like him, so that they
can put back into the community. He stated that this community needs to be rebuilt and
one way to get rid of these blighted homes is to give them away. Mr. Kusbach filed a
three page document with the City Clerk John Voorde. A copy of this document is on
file in the Office of the City Clerk.
Michael Garber, 610 Dundee, South Bend, Indiana, spoke regarding no new taxes. Mr.
Garber stated that he is a life-long resident of South Bend who is tired of paying higher
taxes. He stated that the citizens of South Bend are dealing with higher costs of living
and they cannot afford to have another taxes put upon them.
Dale Engles, 903 Finch Drive, South Bend, Indiana, spoke regarding no new taxes. He
urged the Council to vote against any new tax. He stated that he has heard that property
taxes are going to decrease, but he has yet to receive a bill to actually see any reduction.
17
REGULAR MEETINGDECEMBER 8, 2008
ADJOURNMENT
There being no further business to come before the President Timothy Rouse adjourned
the meeting at 8:18 p.m.
ATTEST: ATTEST:
____________________________ ____________________________
John Voorde, City Clerk Timothy Rouse, President
18