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HomeMy WebLinkAbout04-13-09 Common Council Minutes REGULAR MEETING APRIL 13, 2009 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, April 13, 2009 at 7:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District, President Henry Davis, Jr. 2nd District Thomas LaFountain 3rd District Ann Puzzello 4th District, Chairperson Committee of the Whole David Varner 5th District Oliver Davis 6th District, Vice-President Timothy Rouse At-Large Al “Buddy” Kirsits At-Large Karen L. White At-Large OTHERS PRESENT: John Voorde City Clerk Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney Mary Beth Wisniewski Chief Deputy 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 March 23, 2009 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember Puzzello made a motion that the minutes of the March 23, 2009 meetings of the Council be accepted and placed on file. Councilmember LaFountain seconded the motion which carried by a voice vote of nine ayes. SPECIAL BUSINESS RESOLUTION NO. 3962-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING THE “PRIDE OF THE SOUTH BEND” THE WASHINGTON HIGH SCHOOL GIRLS LADY PANTHERS BASKETBALL TEAM FOR BEING THE RUNNERS-UP IN THE IHSAA CLASS 4A GIRLS BASKETBALL IN THE STATE OF INDIANA Whereas, the Common Council of the City of South Bend, Indiana, notes that before a crowd of 13,449 at Lucas Oil Stadium in downtown Indianapolis on Saturday, March 7, 2009, the Washington High School Girls Lady Panthers Basketball Team, 1 REGULAR MEETING APRIL 13, 2009 ranked # 1 in the nation by ESPN Rise with a record of 26-0, battled the # 2 nationally ranked Ben Davis Girls Basketball Team; and Whereas, in this battle of national high school powerhouses, which is a great reflection of the many talented Indiana student-athletes, in a showdown which truly lived up to its billing as a “national championship”, ended with a game-winning basket with only 1.4 seconds left by the Ben Davis Giants to give them their first undefeated season since 2000; and Whereas, the South Bend Common Council notes that Washington High School is guided by Principal George McCullough, with Teresa Phillips and Byron Sanders serving as the Assistant Principals, and they, along with their dedicated teachers “provide all students with a diverse, challenging, and enriching education that fosters accountability, respect, and lifelong learning”; and Whereas, the Common Council would like to publicly recognize that the entire Washington High School Lady Panthers Basketball Team who have a team GPA of 3.0. The Council is especially proud to acknowledge each of these student-athletes and their hard-working staff of the 2008-2009 Washington High School Varsity Girls Basketball Team, namely: 1Karis Phillips 5 Terran Scott 32 Takoia Larry 2Shareita Patton 10 Porscha Hill 33 Brytney Bennett 3Jazmine Watson 14 Avante Newsome-Gunn 50 Jasmine Watson 4Skylar Diggins 21 Alandrea Pfeifer-Nailon 55 Rakeesha Lane Maurice Scott, Coach Marilyn Coddens, AD Whereas, the Common Council further recognizes that the long and rich tradition of training talented student-athletes in life skills at Washington High School is embodied in the Lady Panthers being runners-up in 2006-2007 school year, being the Indiana State Champions in the 2007-2008 school year; and this year being the IHSAA Class 4A runners-up. Now, Therefore, be it resolved, by the Common Council 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 congratulates each & every student-athlete and the entire staff ofTHE 2008-2009 WASHINGTON HIGH SCHOOL GIRLS LADY PANTHERS BASKETBALL TEAM for being the runners-up in this year’s 4-A Indiana State Basketball Championship, and for their most memorable 26-1 basketball season. Section II. The South Bend Common Council believes that the hard-work, discipline, talent and dedication of each of the student-athletes of the 2008-2009 Washington High School Varsity Girls Basketball Team:has enabled each of them to be excellent role models for youth in our city. Each Lady Panther team member has brought the highest of honors to herself, her family and friends, Washington High School, the South Bend Community School Corporation and all of the residents of the City of South Bend, Indiana. 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 2 REGULAR MEETING APRIL 13, 2009 th Attest: Adopted this 13 day of April, 2009 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Henry Davis, Jr., 5117 Idlewood 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 the members of the Washington High School Girls Basketball Team. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Coach Maurice Scott thanked the Council for this honor. He stated that this team has shown so much spirit and worked so hard to achieve their goals. He noted that all the seniors will be furthering their basketball and academic careers at the collegiate level. He stated that he is so proud of this team. Additionally, Councilmember’s Dieter, Henry Davis, Puzzello, White, Kirsits, Oliver Davis; Rouse Varner and LaFountain commend the Washington High School Girls Basketball Team on their accomplishments and wished them good luck in the future. Councilmember Rouse made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. RESOLUTION NO. 3963-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING WASHINGTON HIGH SCHOOL SENIOR SKYLAR DIGGINS FOR EARNING THE MOST PRESTIGIOUS NATIONAL AWARD IN HIGH SCHOOL BASKETBALL, THE NAISMITH TROPHY AND FOR EARNING MANY OTHER HONORS Whereas, the Common Council of the City of South Bend, Indiana, is especially , proud to recognize that Washington High School Senior, Skylar Diggins a member of the 2008-2009 Washington High School Varsity Girls Basketball Team, has been chosen as the Naismith National High School Player of the Year; and Whereas, the Naismith Trophy was presented to Skylar at a banquet held in rd Atlanta, Georgia on March 23; with this honor being given annually to the top girl and boy high school players and coaches in the country and is the most prestigious national award in high school basketball; and Whereas, the Common Council further recognizes that Skylar Diggins, an exceptional student-athlete both on and off the basketball court; is rated as the consensus #1 guard in the country; was selected to be a member of the 2009 McDonald’s All th American Girls Team and scored a game-high 18 points for the East in the 8 annual McDonald’s All-American Game held in Coral Gables, Florida last week; is the 2009 Indianapolis Star “Indiana Miss Basketball”; is the 2009 Gatorade National Player of the rd Year; was selected to be a member of the first-team AP All-State for the 3 year in a row – being voting in by the most votes among the girls; and Whereas, the Common Council would especially like to publicly recognize that as a member of the 26-1 Washington High School Lady Panthers Basketball Team, Skylar Diggins, a 5-10 senior, averaged a state-best 29 points, 6.3 rebounds, 6.2 assists, 5.4 3 REGULAR MEETING APRIL 13, 2009 steals and 2.2 blocked shots during her senior year; and finished her high school career with 2,790 points, third all-time in Indiana state history; and Whereas, Skylar Diggins maintains a 3.91 grade point average; is a member of the National Honor Society; led the Washington Lady Panthers to a 102-7 mark in her high school basketball career; and plans to major in Pre-Med at the University of Notre Dame and ultimately wants to become an orthopedic surgeon. Now, Therefore, be it resolved, by the Common Council 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 congratulates SKYLAR DIGGINSfor winning the Naismith National High School Player of the Year; the Gatorade National Player of the Year; the MaxPreps Girls Basketball Player of the Year and many other honors during her senior year as a member of the 2008-2009 Washington High School Varsity Girls Basketball Team. Section II. The Common Council is especially impressed by how humble and gracious Skylar is, as epitomized by her comment that “All of these awards I’ve received have been overwhelming. None of these individual honors would have been possible without all of my teammates. I’ve played on great teams at Washington and with great players. This is not about me….” Skylar will go on to wear the No. 1 jersey this June to lead Indiana against Kentucky in the All-Star series to be held in Indianapolis and in Louisville. Section II. The South Bend Common Council believes that the very talented and gifted SKYLAR DIGGINS’ great work ethic, discipline, and dedication to her studies and to basketball has enabled her to become a role model on the national stage, and here in her hometown of South Bend. Skylar has brought the highest of honors to herself, her mother Renee Scott, her stepfather Maurice Scott, her father Tige Diggins; her many other family members and friends, Washington High School, and the South Bend Community School Corporation. The residents of the City of South Bend, Indiana are counting the days until they can fill the Joyce Center at the University of Notre and cheer for Skylar as a member of the ND Women’s Basketball Team. 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 13 day of April, 2009 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Henry Davis, Jr., 5117 Idlewood 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 Skylar Diggins. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. 4 REGULAR MEETING APRIL 13, 2009 Skylar Diggins thanked the Council for the honor of this Resolution. She stated that she could not have done all this without the help of her teammates. She stated that she is so proud of them. Skylar noted that she looks forward to playing for the Fighting Irish at Notre Dame and hopes to see everyone there. Additionally, Councilmember’s Dieter, Puzzello, White, Kirsits, Oliver Davis; Rouse offered their comments and congratulated Skylar on her wonderful accomplishments and wished her good luck at Notre Dame. Councilmember Rouse made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:30 p.m. Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Puzzello, Chairperson, presiding. Councilmember Puzzello 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 Puzzello stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 01-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2013 FORD ST., SOUTH BEND, IN 46619, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from SF2 Single Family and Two Family District to MU Mixed Use District to allow a convenience store. On site is a commercial building on the same lot as a home and detached garage. To the north are single family homes zoned SF2 Single Family and Two Family District. To the east is a vacant lot and single family homes zoned SF2 Single Family and Two Family District. To the south are single family homes and a parking lot zoned SF2 Single Family and Two Family District. Directly to the west is the single family home and garage on the same lot. To the west across Warren Street is the West Side Democratic Club zoned MU Mixed Use District. The area to be rezoned is 1,559 square feet. There is one existing 836 square foot building which takes p 53.6% of the site. The two parking spaces provided consist of 475 square feet or 30.5% of the site. There is 248 square feet or 15.9% open space. The access is from Ford Street. Prior to adoption of the current zoning ordinance and map, this property was zoned C Commercial. Ms. Nayder noted that the City’s Community Development Department has expressed some concerns about the proposed rezoning, notice the City Plan calls for this area to be medium density 5 REGULAR MEETING APRIL 13, 2009 residential. The Department does recognize that the existing structure was built as a commercial structure and that there are Mixed Use zoned structures sprinkled throughout the area, and therefore indicates that the rezoning may be acceptable if only the eastern feet (the actual building) is rezoned. Additionally, she advised the City Engineer has an unfavorable recommendation because the parking area will required that vehicles back into Ford Street at an intersection. She stated that the area is a single family neighborhood, however, there are several non-residential uses and zoning districts within a one block radius of the site. Ms. Nayder noted that the most desirable use is to allow the adaptive reuse of an existing commercial structure. The surrounding property value may be negatively affected by commercial but could also be negatively affected by a deteriorating building. It is responsible development and growth to allow the adaptive reuse of an existing commercial building. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Ms. Nayder advised that the staff would not normally support Mixed Use zoning in the middle of a residential area. However, in this case, the commercial building exists and there is mixed use zoning throughout the area. The conversion of this building to a residential use could be difficult and the building is still desirable for a small, neighborhood oriented business. The rezoning could result in a positive investment in the neighborhood. Ms. Yakira Mcleod, 618 S. Warren Street, South Bend, Indiana, made the presentation for this bill. Ms. Mcleod advised that she and her sister Ms. Sheila Stroud are seeking to establish a local convenience store, that is easy to travel to and convenient for the community. She stated that the area is in need of a local store for the residents to stop by and pick up essential items needed. Ms. Mcleod advised that she and her sister want to better the west side. There have been so many businesses that have failed due to lack of effort on the west side along with so many abandoned houses. She stated that there is a need for someone with positive optimism and energy that want to help bring the west side back to life. She stated that she believes that her sister and she can help pave the way for a brighter and better west side. She stated that she has been working with her Council th Representation Oliver J. Davis, 6 District who has set up meetings with the residents of the neighborhood to hear comments and suggestions regarding the rezoning. She also noted that Mr. Tim Hudak from the West Side Democratic who extended his approval for customers from P & S to park in their lot adjacent to the store. Ms. Mcleod stated that all she is seeking is the rezoning and a chance to prove to the West Side and the City of South Bend, that they can bring unity back to the area. She urged the Council’s favorable recommendation so that she and her sister can get started on their dream of owning their own business and not living off the government and to be self-sufficient and not relying on others tax dollars. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Martha Lewis, 308 S. Frances Street, South Bend, Indiana, spoke in favor of this bill. Ms. Lewis stated that one of the two stores that Ms. Mcleod is opening is next to her store on East Jefferson Blvd. She stated that the City of South Bend needs more “Mom & Pop” stores for the residents to be able to shop at. Mr. Thomas Klempay, 1733 S. Walnut, South Bend, Indiana spoke in favor of this bill. Mr. Klempay stated that he remembers walking down to the local grocery store “Grubers” to buy his penny candy. He asked the Council for their favorable consideration. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kirsits made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 6 REGULAR MEETING APRIL 13, 2009 BILL NO. 07-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1032 WAYNE STREET, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Boulevard., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from MU Mixed Use District to SF2 Single Family and Two Family District to allow Residential property. On site is a former doctor’s office with a second floor apartment. To the north are single family homes zoned SF2 Single Family and Two Family District. To the east across Eddy are single family homes zoned SF1 Single Family and Two Family District. To the south is an accountant’s office zoned MU Mixed Use District. To the west are single family homes zoned SF2 Single Family and Two Family District. The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g., public water, public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. The majority of the properties on the west side of Eddy Street between Jefferson and South Street were zoned MU in 2004 to reflect the mix of existing uses. There have been no rezonings in the immediate area since then. To the east, Eddy Street (State Road 23) a four lane street. To the north, Wayne Street is two lanes. The Staff received a letter from the Howard Park Neighborhood Association. They support the rezoning to single family. They would be less supportive of a two family dwelling, or a house where more than two unrelated persons reside. A Special Exception would be required for this structure to be converted to a duplex. A duplex would be allowed under the current zoning. Wayne Street to the west is primarily a single family neighborhood, and in part of the Howard Park/East Race Neighborhood Association and Howard Park National Register Historic District. To the east, Wayne Street is a single family neighborhood in the East Wayne Street Historical District. Small office uses front on Eddy Street/State Road 23 to the south. The most desirable use is a single family home or an office. This rezoning will not affect surrounding property values. It is responsible development and growth to allow a former office to be converted back to the original use of the property which was single family. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. She stated that although the ground floor was a doctor’s office, it has been vacant for many years. The conversion of this structure to a home would be as asset to the neighborhood. Ms. Marsha McMillen, 10108 Tudor, made the presentation on behalf of the owner Elizabeth Lauber, 51387 Portage Road, South Bend, Indiana. Ms. McMillen advised that Ms. Lauber would like to redesign the home back to a single- family dwelling. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Martha Lewis, 308 S. Frances Street, South Bend, Indiana, spoke in favor of this bill. Ms. Lewis stated that she encourages structures going back to the SF2 Single Family and two family homes again. She urged the Council’s favorable consideration of this bill. 7 REGULAR MEETING APRIL 13, 2009 There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 08-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1147 N. HICKORY RD., 1151 N. HICKORY RD., AND 1205 N. HICKORY RD., COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Boulevard., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from SF1 Single Family and Two Family District to O Office District to allow offices. On site are three single family homes. To the north are single family homes zoned SF1 Single Family and Two Family District. To the east is a dentist office zoned C-6 Linear Office commercial (Mishawaka). To the south is a physical therapy facility zoned O Office District. To the west are single family homes zoned SF1 Single Family and Two Family District. The O- Office District is established to promote the development of: general office uses and complexes; professional health care uses and complexes; limited public and semi-public uses; and, other uses which are generally compatible in physical appearance and service requirements to office uses. The potential for the development of multifamily dwellings is also provided. The O District is intended for areas with easy access and high visibility from primary transportation routes. The site consists of three separate lots. The southern lot has a 986 square foot home and a 364 square foot detached garage. Four parking spaces are provided. The middle lot has a 1,102 square foot house with a 264 square foot attached garage. Five parking spaces are provided. The northern lot has a 986 square foot house and provides 3 parking spaces. Each of the three lots has access from Hickory Road. The total area of the site to be rezoned is 40,000 square feet. All buildings combined are 3,702 square feet or 9% of the site. The 12 parking spaces total 11,010 square feet of paved surface or 28%. The remaining 25,288 square feet or 63% will be open space. Ms. Nayder advised that in 1994, the property to the south was rezoned to B Multifamily District for a physical therapy clinic. In 1997, the properties south to Corby Blvd., were rezoned to PHC Professional Health Care District for office uses. All properties south of the site to Corby Blvd., are now zoned O Office District as of May 7, 2004. The property at the northeast corner of Hickory and Catalpa was rezoned to O Office District for a dentist office in 1989. It has since been annexed into Mishawaka. Hickory Road is a four lane road. Catalpa Street is a two lane road with a landscaped median in the middle. There is a traffic signal at the intersection of Hickory Road and Catalpa Street. She stated that based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. The development pattern along Hickory Road has been primarily professional office uses, with some limited commercial uses. The three properties combined are large enough to provide at least two small office uses is redeveloped, and still be able to provide the necessary buffering to the adjacent resident neighborhood. 8 REGULAR MEETING APRIL 13, 2009 Ms. Bette Calderone, 202 W. Broadway, Mishawaka, Indiana, made the presentation for this bill on behalf of herself and the other property owners: Marjorie O’Leary, Louise Johannesen, Edward Johnson, Vernon Johnson, Cheryll Boren. She stated that this property is located on the dividing line between South Bend and Mishawaka, the street has seen a tremendous growth in development, which has occurred in that area for many years. From Edison Road on the north to McKinley to the south, there have been many properties on Hickory changed to office and retail especially in the last 10 years. Our family along with Cheryll Boren and Bruno Cutugno have discussed for quite a while the possibility of applying for a rezoning. Recently there have been even more changes in the surrounding area on both sides of Hickory. We conclude that the O Office would be the logical zone for the area. We, the owners of the properties, all happen to be in a transition period in life. We decided together that it would be best to petition the Area Plan Commission for all three parcels to be changed at the same time in order to have a more congruent zone description. There are many possible office uses for the property either individually or together. A dentist office is right across the street from our property. Our three properties were originally built as model homes by Place & Co. in 1959. When our parent’s moved our family into our homes in 1959, Hickory Road was a 2 lane gravel road at the very outskirts of town. Catalpa Street was used as a drag racing strip and Grape Road was the darkest road to nowhere. Our three homes are on the edge of a lovely wooded residential neighborhood. Things have certainly changed in those 50 years and with the progress in the area these properties are no longer compatible with their residential description. Ms. Calderone asked the Council for their favorable consideration. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 15-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE: AMENDING ARTICLE 11 – DEFINITIONS TO DEFINE THE BOARD OF ZONING APPEALS AS THE AREA BOARD OF ZONING APPEALS AND THEREBY ESTABLISHING THE AREA BOARD OF ZONING APPEALS AS THE BOARD OF ZONING APPEALS FOR THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits made a motion to continue this bill until the April 27, 2009 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 9 REGULAR MEETING APRIL 13, 2009 RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Ann Puzzello, 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 8:00 p.m. Council President Derek D. Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 9914-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2013 FORD ST., SOUTH BEND, IN 46619, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to amend this bill as in the Committee of the Whole. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner 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 nine (9) ayes. ORDINANCE NO. 9915-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1032 WAYNE STREET, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 10 REGULAR MEETING APRIL 13, 2009 ORDINANCE NO. 9916-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1147 N. HICKORY RD., 1151 N. HICKORY RD., AND 1205 N. HICKORY RD., COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Rouse made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3964-09 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1029 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROBERT D. AND KELLEY S. BRETZ 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 1029 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast Quarter of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot #84A of the Plat of “Sorin’s Second Addition Fourth Replat” Subdivision recorded by Document No. 0809810 in the Records of the St. Joseph County, Indiana Recorder’s Office. Containing 0.17 acres more or less. Subject to all legal highways, easements & restrictions of record. , and this property has Tax Key Number 18-5104-3649be 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 11 REGULAR MEETING APRIL 13, 2009 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 G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. 12 REGULAR MEETING APRIL 13, 2009 SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Ms. Kelly Bretz, 50764 Post Road, Granger, Indiana, made the presentation for this bill. Ms. Bretz advised that she and her husband, Robert, intend to construct an approximate 3,000 square foot, single-family home as their primary residence. The home will be two stories. It will have three bedrooms and three bathrooms, a front porch, a finished basement and a two-car garage. The project is part of the Notre Dame Avenue Housing Program and as such will follow the design specifications and standards required by that program. The cost of the home will be approximately $450,000. Total taxes to be abated during the five (5) year abatement period are estimated at $2,216. Total taxes to be paid during the five (5 year abatement period are estimated at $24,036. 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 White made a motion tot adopt this Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3965-09 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 445 NORTH SHERIDAN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TREADSTONE, 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 445 North Sheridan Street, South Bend, Indiana, and which is more particularly described as follows: 371.5 Ft on Linden Ave, Beginning 277 Ft West and 60 Ft North Southeast Corner of Southwest Section 4-37-2E and which has Tax Key Number 18-2193-725701 presently, as an Economic Revitalization Area; and 13 REGULAR MEETING APRIL 13, 2009 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 Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Derek D. Dieter Member of the Common Council Mr. Kenn Andrews, owner, Treadstone, 445 N. Sheridan, South Bend, Indiana, made the presentation for this bill. Mr. Andrews advised that Treadstone, LLC recycles solid rubber tires into rubber mulch of various sizes and weights depending on use. Ninety percent of their production is a large premium size that is used primarily for children’s playground and for landscaping. The equipment to be purchased is a tire shredding machine. The new machine will double the company’s production capacity to recycle solid rubber tires into mulch. The company is relatively new. For the past two years it has been using three prototype machines to manufacture its product. These machines are not built to withstand the rigors of the company’s current production schedule. The new machine is stronger and will ease the burden on the three prototypes. In fact, the new machine is being built following a design that Treadstone developed and provided to the machine manufacturer. The design is based on Treadstone’s experience with their prototypes. The estimated cost of the new machine is $200,000. Total taxes to be abated during the five (5) year abatement period are estimated at $7815. total additional taxes to be paid as a result of the project during the five-year abatement period are estimated at $6,311. Per the petition, it is estimated that the project will create three (3) new, permanent full-time positions with an annual payroll of $60,000. The project will also maintain four (4) existing permanent full-time positions and one (1) existing part-time position with a total annual payroll of $160,000. 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 Kirsits made a motion tot 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. 14 REGULAR MEETING APRIL 13, 2009 RESOLUTION NO. 3966-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALER/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2009 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on April 28, 2009 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: Steve & Gene’s Auto Truck Salvage 3109 Gertrude St. Shapiro Sales 2920 W. Sample Street have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operations Licenses for the year 2009. WHEREAS, the license applications for all above-referenced businesses received favorable recommendations from the Department of Code Enforcement, Police Department, Fire Prevention Bureau, Department of Water Works, and the Building Department. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses: Steve & Gene’s Auto Truck Salvage 3109 Gertrude St. Shapiro Sale 2920 W. Sample Street are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, Fire Prevention Bureau, Department of Water Works, and the Building Department as evidenced by the Ordinance Violation Bureau Clerk’s communication to the City Clerk dated April 28, 2009. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember LaFountain, Chairperson, Personnel and 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 John Voorde, City Clerk, 4 Floor County-City Building Room #455, South Bend, Indiana, made the presentation for this bill. City Clerk Voorde advised that renewal applications for the operation of Scrap Metal/Junk Dealers/Recycling Operations have been received. In accordance with the procedure for the renewal of city business licenses these applications were submitted to the Police Department, Fire Inspection Bureau, Water Works, Department of Code 15 REGULAR MEETING APRIL 13, 2009 Enforcement and Building Department for inspection. The properties inspected were Steve & Gene’s Auto Truck Salvage, 3109 Gertrude Street and Shapiro Sales, 2920 W. Sample Street and have received favorable recommendation regarding fire, code, and environmental compliance; also for proper maintenance of the premises and areas outside the fences, and the height and condition of the fencing. He noted that the applicants have met all of the requirements of the ordinance. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS, FIRST READING BILL NO. 22-09 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT- OF-WAY TO BE VACATED IS DESCRIBED AS THE PORTION OF FRANKLIN STREET RUNNING FROM THE NORTH RIGHT-OF-WAY LINE OF INDIANA AVENUE, NORTH TO THE SOUTH RIGHT-OF-WAY OF STULL STREET, BEING A DISTANCE OF APPROXIMATELY 1324 FEET MORE OR LESS AND A WIDTH OF 57.75 FEET. ALSO TO BE VACATED IS THAT PORTION OF THE RIGHT-OF-WAY OF BROADWAY STREET RUNNING FROM THE EAST RIGHT-OF-WAY LINE OF FRANKLIN STREET, EAST TO THE WEST RIGHT-OF-WAY OF LAFAYETTE BLVD. BEING A DISTANCE OF APPROXIMATELY 340 FEET MORE OR LESS AND A WIDTH OF 74.25 FEET This bill had first reading. Councilmember Puzzello made a motion to set this bill for Public Hearing and Third Reading on April 27, 2009 and send to the Public Works and Property Vacation Committee. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 23-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 614 EAST IRELAND RD., COUNCILMANIC DISTRICT 5, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 16 REGULAR MEETING APRIL 13, 2009 BILL NO. 24-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REDUCE 2009 BUDGET APPROPRIATIONS IN THE GENERAL FUND (FUND NO. 101) AND PARKS AND RECREATION FUND (FUND NO. 201) This bill had first reading. Councilmember Puzzello made a motion to set this bill for Public Hearing and Third Reading on April 27, 2009 and send to the Personnel and Finance Committee. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 25-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,000,000 OUT OF FUND 641 TO PAY COSTS ASSOCIATED WITH CLEANING THE ANAEROBIC DIGESTERS AT THE WASTEWATER TREATMENT PLANT This bill had first reading. Councilmember Henry Davis, Jr., made a motion to set this bill for Public Hearing and Third Reading on April 27, 2009 and send to the Utilities Committee. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 26-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $4,098,521 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE NEIGHBORHOOD STABILIZATION PROGRAM FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING, MARCH 1, 2009, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Puzzello made a motion to set this bill for Public Hearing and Third Reading on April 27, 2009 and send to the Community and Economic Development Committee. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 17 REGULAR MEETING APRIL 13, 2009 BILL NO. 27-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 6, SECTION 6- 26.4(c), LOW VOLTAGE PERMIT FEES, OF THE SOUTH BEND MUNICIPAL CODE This bill had first reading. Coucilmember Varner made a motion to set this bill for Public Hearing and Third Reading on April 27, 2009 and send to the Public Works and Property Vacation Committee. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 28-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CREATING A NEW POLICE TAKE HOME VEHICLE FUND #278 This bill had first reading. Councilmember Puzzello made a motion to set this bill for Public Hearing and Second Reading on April 27, 2009 and send to the Personnel and Finance Committee and the Health and Public Safety Committees. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. Council Attorney Kathleen Cekanski-Farrand noted that a substitute bill would be in order to amend this bill to be included in the South Bend Municipal Code so that it would be able to be located for future reference. Councilmember LaFountain stated that there is a tentative joint committee meeting of the Personnel and Finance and Health and Public Safety Committees scheduled for Wednesday, April 22, 2009 at 3:30 p.m. BILL NO. 29-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED USER FEES FOR SPECIAL PUBLIC SAFETY SERVICES PROVIDED BY THE SOUTH BEND POLICE DEPARTMENT This bill had first reading. Councilmember Puzzello made a motion to set this bill for Public Hearing and Third Reading on April 27, 2009 and send to the Personnel and Finance and Health and Public Safety Committees. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM BOARD OF ZONING APPEALS 18 REGULAR MEETING APRIL 13, 2009 BILL NO. 09-33 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LCOATED AT 445 S MEADE STREET, SOUTH BEND, INDIANA Councilmember Varner made a motion to set this bill for Public Hearing and Third Reading on April 27, 2009 and send to the Zoning and Annexation Committee. Councilmember NEW BUSINESS Henry Davis announced that he is a member of the Civil Rights Museum Board of Directors and they would like to generate more community support for the museum. Additionally, Councilmember Davis stated that the money that has been allocated in the amount of 2.5 million dollars for the LaSalle Square Development to date has not been spent. He stated that the area is still distressed and would like to just get it done. Karen White asked for the correct amount that was allotted for the LaSalle Square Development Area. She was under the impression that the 2.5 million dollars was just the first allotment. st Ann Puzzello announced that last week the 1 Communiversity Day was held by the University of Notre Dame. She stated that many Notre Dame Students helped in the area parks, Potawatomi Zoo, Kids Kingdom, and classes at the Robinson Center. She noted that one of the classes that was offered at the Robinson Center was using electronic devices such as cell phones. She stated that she considers herself “electronically challenged” and learned that you can actually do more than just talk on a cell phone. She stated that it was a wonderful day and was glad that the weather cooperated. Al “Buddy” Kirsits advised that he is Chairperson of the Community Campus Advisory Coalition (CCAC). He stated that the last meeting was held at the University of Notre Dame. He stated that the outgoing student representatives from the various Universities were present along with the incoming newly elected Student Body Representatives. Council Member Kirsits commended outgoing University of Notre Dame Student Body President Robert Reish for all his hard work and effort on the CCAC and welcomed newly elected Student Body President Grant Schmidt. He stated that he looks forward to working with him. Council Member Kirsits advised that the CCAC was advised of the construction on Angela Boulevard and the Eddy Street Commons. The CCAC was actively looking at updating the City of South Bend’s Licensing Ordinance regarding Taxi Cab licenses. He stated that public and student safety is a concern. He asked Councilmember White, Chairperson of the Health and Public Safety Committee would hold a committee meeting to discuss updating the Taxi Cab Ordinance. PRIVILEGE OF THE FLOOR COMMENTS FROM MS. MARTHA LEWIS REGARDING COMMUNIVERSITY DAY Martha Lewis, 308 S. Frances, South Bend, Indiana, stated that Communiversity Day was great. She stated that she worked with University of Notre Dame Students in Frederickson Park spreading mulch. They also used the scrap lumber that was given to hem by the Boy Scout of American to build a deck. She encouraged everyone to participate in the 2010 Communiversity Day. 19 REGULAR MEETING APRIL 13, 2009 COMMENTS FROM MR. JERRY NIEZGODSKI REGARDING THE CITY’S BUDGET Jerry Niezgodski, 2930 Bonds Avenue, South Bend, Indiana, spoke regarding the City of South Bend’s Budget for 2010. He placed on file with the City Clerk John Voorde a one- page document comparing the Cities of Evansville, Ft. Wayne and South Bend, Indiana by population and then by the number of employees in their respective Legal Department’s and Mayor’s Offices. He noted that the City of South Bend has the lowest population and the most employees. He stated that he would like to the Council to consider during their budget sessions for 2010 to cut the fat. He noted that the Mayor of South Bend has 2 assistant mayors; 1 director of secretarial services, 1 administrative assistant, one secretary V, 1 director of Community & Special Events, 1 Public Relations Specialist, and 1 assistant special events. He reiterated that South Bend has the most assistant mayors, communication, public relations and special events personnel. He questioned if when the Mayor is out of town do the assistant mayors fill in or does the City Engineer or the Director of Public Works? He advised the Council to contact the various city’s and asked how their department’s handle the work load. Mr. Niezgodski reiterated that there is a lot of fat that could be cut out of the City’s budget. COMMENTS FROM MR. THOMAS KLEPAY REGARDING THE 2010 BUDGET Thomas Klempay, 1733 S. Walnut, South Bend, Indiana, stated that no police of fire position should be cut from the 2010 budget. He encouraged the Council to look at cutting other programs or funding for projects that could be delayed until funding is available. ADJOURNMENT There being no further business to come before the President Derek D. Dieter adjourned the meeting at 8:47 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 20