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HomeMy WebLinkAbout03-23-09 Common Council Minutes REGULAR MEETING MARCH 23, 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, March 23, 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 9, 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 White made a motion that the minutes of the March 9, 2009 meetings of the Council be accepted and placed on file. Councilmember Rouse seconded the motion which carried by a voice vote of nine ayes. SPECIAL BUSINESS RESOLUTION NO. 3958-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING SOUTH BEND POLICE CORPORAL RON GLON FOR BEING NAMED THE 2008 POLICE OFFICER OF THE YEAR Whereas, the Common Council of the City of South Bend, Indiana, notes that on th March 8, 2009, the South Bend Police Department held its 7 Annual Awards Ceremony to publicly honor and thank the many brave men and women of the South Bend Police Department who have chosen to make public safety their career, and who protect our city and our residents on a 24/7 basis; and Whereas, South Bend Police Chief Darryl Boykins presented the Chief’s Award of Valor, the Chief’s Award of Merit, Police Commendations and Special Recognitions, the Community Problem Solving Award, the Unit Meritorious Performance Awards, the Life Saving Awards, the C.O.P. Partnership Award, the Crime Prevention Special 1 REGULAR MEETING MARCH 23, 2009 Commendations, and Employees of the Month Awards to very deserving men and women; and Whereas, the Police Officer of the Year Award is also given at this Awards Ceremony to a sworn police officer “whose performance of duty during a specific month was characterized by such exceptional professional skill that it merit recognition by the entire South Bend Police Department” ; and Whereas, Police Chief Darryl Boykins selected and honored Corporal Ron Glon as the2008 Police Officer of the Year noting that on June 22, 2008, Corporal Glon, while off duty, interrupted an armed robbery in progress near the downtown. Corporal Glon “decisively and without hesitation, confronted two suspects who were beating a store clerk.” He took them into custody and saved the store employee from further injury. Additionally, on October 13, 2008, Corporal Glon was instrumental in apprehending a Mishawaka bank robber. Corporal Glon “day in and day out puts forth his best efforts”, he is truly a police officer par excellence; and Whereas, Corporal Ron Glon is also well-known for his quick smile, his positive attitude, his sincere dedication and overwhelming desire to always give his best 24/7, whether he is on duty or off duty, protecting the citizens of South Bend, Indiana; and as a result he has become a true source of inspiration and encouragement, and has become a true and real role model on the South Bend Police Department for the past thirty-three (33) years. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends, congratulates, and thanks SOUTH BEND POLICE CORPORAL RON GLON, for his dedication, great decisions, & his daily public service to our community, as an exemplary police officer - a position he has held since being sworn in as a sworn member of the South Bend Police Department on December 15, 1975. Section II The Common Council notes that the residents and visitors to our city are safer because of the daily actions of Corporal Glon, as well as the other dedicated men and women who are sworn “to serve and protect” our citizens as a dedicated and proud member of the “Thin Blue Line” protecting South Bend, Indiana. Section III . The South Bend Common Council believes that Corporal Glon’s philosophy of “treating everyone with respect” especially when making tough, split second decisions, are just some of the countless reasons why Corporal Ron Glon has been awarded the 2008 Officer of the Year Award. Ron is truly an inspiration to not only the South Bend Police Department, but to the entire South Bend community. We sincerely wish Ron, his wife, Cindy, and their entire family the very best in the years ahead. Section IV . 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 23 day of March, 2009 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend 2 REGULAR MEETING MARCH 23, 2009 Councilmember Ann Puzzello, 1247 E. LaSalle, South Bend, Indiana, made the presentation for this Resolution by first offering her comments and then reading the Resolution in its entirety and presenting it to Cpl. Glon. A Public Hearing was held on the Resolution at this time. Jeff Walters, Uniform Division Chief, South Bend Police Department, 701 W. Sample, South Bend, Indiana, stated that Cpl. Glon’s dedicated years of service are contagious around the department. Chief Walters commended Cpl. Glon and thanked him for doing his job so well. Additionally, Councilmember’s Kirsits, Varner, Henry Davis, and Dieter offered comments and thanked Cpl. Glon for his years of dedicated service to the City of South band its citizens. There was no one else present wishing to speak in favor of this Resolution and no one present wishing to speak in opposition to this Resolution. Cpl. Glon thanked the Council for this honor. He asked that everyone remember those officer’s who gave their life in the line of duty. He stated that it has truly been a pleasure to serve the citizens of South Bend. Councilmember Puzzello made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. Council President Dieter thanked Marilyn Thompson, from the Center for History Museum along with Barb Whiteman, Museum Coordinator and Mr. Andy Beckman, st Archivist, for the Studebaker Museum for compiling the 1 exhibit displayed in the South Bend Common Council Informal Meeting Room. Marilyn Thompson, Barb Whiteman and Andy Beckman thanked the Council for this opportunity to unveil and display some of the wonderful pictures of interiors of buildings from around downtown South Bend in the Council Informal Meeting Room. They hoped that the Council and their constituents enjoy the exhibit as much as they did preparing it. STATE OF THE COUNCIL – PERSPECTIVES FROM EACH OF THE LEGISLATIVE MEMBERS OF THE SOUTH BEND COMMON COUNCIL ST COUNCILMEMBER DIETER – PRESIDENT, 1 DISTRICT st Councilmember Dieter advised that the 1 District is located in the Northwest area of the st City of South Bend. He noted that the 1 District is a very diversified district. He noted that they have a combination of historic homes, new homes, as well as vacant and st abandoned homes. He stated that the residents of the 1 District are very proud about the heritage and history of their district. Councilmember Dieter noted that some very st prominent people lived in the 1 District, Knute Rockne, John Wooden, Mayor Luecke, Chuck Leone, City Attorney, Gary Gilot, Director, Public Works, Carl Littrell, City st Engineer. He stated that there are several schools in the 1 District, Madison, Marquette, Muessel, Brown, LaSalle Academy, Corpus Christi, Holy Cross and the Bendix School. He stated that businesses have come and gone throughout the years. He noted that the area of Portage and Cleveland Roads has seen a new growth with several new businesses, numerous restaurants and many new housing developments. He noted that there have st been great neighborhood associations located in the 1 District, Chapin Park, Keller Park, NNN, Pinhook Park, and Voorde Park. He stated that the best things in the 1st District are the residents. He noted that Riverside Trail now reaches as far north as Darden Road. st The 1 District has Memorial Hospital, Michiana Regional Airport, Blackthorn, and Portage Prairie. Councilmember Dieter stated that he looks forward to more great things st happening in the 1 District. 3 REGULAR MEETING MARCH 23, 2009 ND COUNCILMEMBER HENRY DAVIS, JR – 2 DISTRICT Councilmember Henry Davis, Jr. stated that he is very proud to represent the citizens of ndnd the 2 District. He noted that the boundaries for the 2 District are Mayflower Road and Western Avnue and go all the way east to Lincolnway and Bronson Street, basically the core of downtown South Bend. He stated that there are five schools located in the district as well as two recreational centers, MLK Center and the Charles Black Recreation nd Center. He stated that located in the 2 District are several senior living facilities, St. Joseph Tower, Karl King Tower, Edison Homes as well as the Robinson Apartments. He stated that they are looking forward to the LaSalle Square Senior Housing coming soon. He stated that he serves on several of the South Bend Common Council Standing Committees. He stated that he is the Chairperson of the Community Relations Committee, Vice-Chairperson Community & Economic Development Committee as well as a member of the Public Works & Property Vacation Committee, Information & Technology Committee and Health & Public Safety Committee. Councilmember Henry nd Davis, Jr. stated that this year will be the second year for the 2 District Block Party, held at Monroe Circle in conjunction with the High Rise on Western Avenue. He advised th that this year will be the 5 year for the Annual Back to School Haircut Event. This event allows children to receive a back to school haircut and get them excited and looking forward to the first day of school. He stated that he was able to charter a bus to take high school students to the 100 Black Men College Fair in downtown Chicago. He stated that there were over 200 college representatives to help assist high school students in selecting a college that would best fit their likes. He stated that he also was privileged to participate with the South Bend Community School Corporation to see a New Tech High School in Napa Valley, California. He stated that he participated in a Youth Flag Football League partnered with the South Bend Parks & Recreation Department. He stated that he has had several area youth, high school students and college interns during the summer months. He stated that they were working on community relations projects ndnd for the 2 District. He stated that the 2 District will be the recipient of another Weed & Seed Program along the Lincolnway West Area. He stated that he is working with the Administration from Washington High School to get a new bus stop and drop off area located behind the school to the north. He stated that if you are ever near the school during the morning or afternoon hours for drop off and pick-up of students the area along Washington Street and Summit Drive is dangerous and too congested. So they are working together to design a new route to make drop off and pick up of students much nd safer. He stated that the residents of the 2 District are exciting for the opening of the New Bendix Health Center which will be partnered with Memorial Hospital; St. Joseph Hospital and the City of South Bend. He stated that they are looking forward to the expansion at the Coveleski Stadium. He noted that the Martin Luther King, Jr. Center has enhanced their outdoor basketball facility. He noted that Royal Adhesives on West nd Washington Street is expanding providing more jobs and growth in the 2 District. Treadstone LLC., located on Sheridan Street is expanding it facility. He also noted that the Engman Natatorium will become a branch of the Indiana University South Bend (IUSB) Civil Rights Heritage Center in the fall of 2009. He noted that they are looking forward to all the new businesses coming into the City of South Bend and those that are expanding their companies to create growth and jobs for the residents of the City. He also commended Sue Solmos from the Redevelopment Department who is working with the Monroe Park Neighborhood Association to redefine that neighborhood and working to make sure that the housing stock goes back and becomes prominent again. RD COUNCILMEMBER TOM LAFOUNTAIN – 3 DISTRICT Councilmember LaFountain advised that he always describes his district by neighborhoods. He stated there is Bercliff Estates; River Park; Sunnymede; East Wayne; rd Twyckenham; Main Street; Ewing Avenue. He stated that the 3 District is one of the smallest districts, but is probably the most heavily populated. He stated that as he looked at the notice for this meeting he stated that he thought of this meeting being for informational purpose such as what is the Council going to do in regard to public safety; fiscal responsibility and prioritizing city resources. He stated that he chairs the Personnel & Finance, this is his second year. He noted that his first year was trial by fire; it was his 4 REGULAR MEETING MARCH 23, 2009 first year on the Council and quite honestly was presented with quite a few budgetary problems. This year the heat has been turned up, next year the heat goes even higher. He stated that as Chairperson of the Personnel & Finance Committee he sees that essentially there needs to be two (2) things done. First, HB 1001 which has reduced the tax base, which in turn reduces the amount of money that the City has to spend to provide vital services. In addition, the economy, because when people aren’t making money and not working, they don’t have the money to pay their property taxes and when taxes are not paid the City has to worry about what services can continue to be provided. This leaves the City with the responsibility to prioritize. He stated that over the past two (2) months and the continuing months he stated that his committee has been holding meetings with the public and the City Administration to start forming a cooperative opinion on what the City needs. Councilmember LaFountain stated that the City as whole is going to have to pull together, because in the end it is the citizens that are going to bear the blunt of this. He stated that the Councilmember’s have been educating themselves as to the budgetary process, getting information in cooperation with the City Controller, Catherine Fanello, so the Council can be informed on the ins and outs of the City finances so they can better examine the things that are being done in various city department budgets and can see better of how that money is being spent. He stated that the Council is looking at new ways to generate revenue. He stated that they are looking at increasing fines, having people pay for some services, so that the City can overcome part of this budget crisis. He noted that these kinds of measure will not take the budget over the top; other things will have to be done. He stated that he was part of the Police and Fire Wage Negotiation Team last year. He stated that at that time it was agreed that they would go back to the table to once again negotiate with the police and fire departments for wages and benefits this summer. He stated that is a brief overview of the challenges facing the Personnel & Finance Committee. Councilmember LaFountain stated that he doesn’t want it to sound like everything is doom and gloom, because it isn’t. He stated that now he will talk about his district. He stated that over the past year he has noticed a resurgence of neighborhoods. He noted that just about every area of his district has either started a neighborhood association or has rejuvenated an old neighborhood association. It is a wonder example of how people are taking back their neighborhoods in order to make their city a better place. Councilmember LaFountain stated that Sue Solmos, from the Department of Redevelopment is working in the River Park Neighborhood trying to ensure that their neighborhood continues to be a viable source of housing. She is also ensuring that the neighborhood remains a stable one and remains a good neighborhood. The people in the River Park Neighborhood have also taken it upon themselves to take the bull by the horns to ensure that their neighborhood is thriving. In Bercliff Estates, the neighborhood organization revitalized themselves. He stated that there was a certain rezoning issue that was taking place near the neighborhood that they were unhappy with. But that issue brought them together to make the neighborhood association viable again. rdrd He stated that the 3 District is the cultural center of South Bend. He noted that in the 3 District is home to IUSB, Ivy Tech, Adams High School, Riley High School and numerous elementary schools. He stated that they are lucky enough to have two public rd libraries, the River Park Branch and the Tutt Library. He stated that in the 3 District they are ecstatic to have the Potawatomi Zoo, Conservatories & Greenhouses. He stated that the Zoo, Conservatories & Greenhouses are all valuable assets to the district; however, they have all been discussed during the budget meetings to be cut. Councilmember LaFountain stated that the City of South Bend has many challenges facing them in the upcoming months, but he believes that the City has the right people in place to make these tough decisions that will take South Bend through this budgetary crisis. COUNCILMEMBER ANN PUZZELLO – CHAIRPERSON, COMMITTEE OF THE TH WHOLE, 4 DISTRICT th Councilmember Puzzello stated that the 4 District is the northeast part of the City, Notre Dame to the north, Mishawaka to the east, the river to the west; and mostly Jefferson Blvd to the south. She stated that there has been a lot of activity near the Notre Dame Campus, the Northeast Neighborhood, Harter Heights and the East Bank. She stated that those areas are quickly reaping financial reward from visitors, faculty, staff and students from the University of Notre Dame. St. Joseph Regional Medical Center is leaving the 5 REGULAR MEETING MARCH 23, 2009 th 4 District and the residents are still worried as to what will happen with the property. She stated that the questions raised are whether or not housing will be built or will St. Joseph High School move in. The University of Notre Dame Faculty are building new homes just south of the campus. She noted lots all over the neighborhood are selling for condos or large homes. The Eddy Street Commons development is being constructed at a very fast pace as well as the Innovation Park at Notre Dame. The triangle, and widening and restructuring of S.R. 23 have not yet begun. The South Bend Clinic is in the midst of another huge project that has been cleverly planned to fit on their present site. At the same time the State of Indiana Department of Transportation has begun installation of lights at LaSalle Street, Colfax Avenue and Eddy Street, so things are in quite a mess right now. There are big plans by the city and several partners for development and improvement for the East Bank, Howard Park and east to Eddy Street neighborhoods. The master plan has been developed for the area. She noted that she will report next year on the implementation of the plan. She stated that her district is mostly residential with neighborhoods who are concerned with chuck holes after this goofy winter, finishing the IDOT project at McKinley & Ironwood and keeping the neighborhoods single family, th clean & safe and keeping their lovely parks. She stated that the residents of the 4 District are concerned with the growing number of weekend rentals springing up in the neighborhood around Notre Dame. These houses are empty all week and invitation to crime and used on weekends to visitors to the University of Notre Dame. These are not good additions to the neighborhoods. Councilmember Puzzello stated that she is Chairperson of the Parks, Recreation, Cultural Arts & Entertainment Committee (PARC) and stated that she is so proud of how the park administrators lead by Superintendent Phil St. Clair and the Park Board have managed to make improvements while still cutting the budget and tightening their programs through innovative thinking and hard work. Some believe that closing parks is the easiest way to save money. She stated that working as a teacher; she can compare that to cutting out Art & Music, when the school budget is hurting. She stated that thanks to a Kellogg Foundation grant, Potawatomi Park was made much more accessible by the addition of an exercise path, playground, and picnic tables & chairs all ADA accessible. The zoo has made many improvements in anticipation of the AZA Accreditation this spring. They have added a butterfly exhibit and a giant ant eater, who is an amazing animal and worth a trip to the zoo. She stated that the Zoo said good-bye to Sammy and Jody, the chimps; they are now at the Grand Rapids Zoo, and being very well cared for. She stated that the zoo plans on improving the Chip area over the next several years and be ready to get five chimps, the recommended number for their social well being. She stated that they are still struggling at the Conservatories to repair, get new exhibits, and get people in to see them. She noted that with thanks to the Botanical Society, partnering with Terry DeRosa, Director, Potowatomi Zoo, things are slowly coming together. She thanked Dr. Paul Brenner, University of Notre Dame; heat generating servers from computers are working to heat part of the conservatory. The Leeper Park Tennis Complex was renovated this past year. Five new splash pads locations were developed for children to enjoy and a new irrigation system was installed at Elbel Golf Course. These are just of the few improvements that keep the parks in good condition and a joy to the citizens of South Bend. She stated that she is Vice-Chairperson of the Health and Public Safety Committee. She advised that the public safety departments are the Council’s #1 priorities during these hard economic times. She stated that everyone wants to feel safe and know that someone is available to answer the call in time of need. Councilmember Puzzello stated that we should be proud of the men and women who risk their lives to protect ours. Sworn officers should not be cut in the police of fire departments. Using available funds such as stimulus money, increase fees and careful use of available funds this can be achieved. She stated that she loves living and working in South Bend and also loves being a representative on the City st Council, where she can be part of the process of working toward a 21 Century City of which we can all be proud. 6 REGULAR MEETING MARCH 23, 2009 TH COUNCILMEMBER DAVID VARNER – 5 DISTRICT th Councilmember Varner describes the 5 District as essentially the south east side of th South Bend. The 5 District does not encompass any of the downtown area of South Bend and is unique in that aspect. He stated that the Ireland Road Area has grown, expanded and done quite well in the last few years. He stated that there have been some great points brought up by fellow Councilmember’s who have spoken already tonight. He noted that the State of the Council is modeled from Mayor Luecke and Kernan’s State of the City. He stated that this a good thing to address what has been happening over the course of a year in the City and express those accomplishments to the citizens of South Bend. Councilmember Varner stated that he will address TIF Districts and monies. He stated how does the City pay its bills when all of the new property tax dollars are constrained as TIF dollars. Councilmember Varner showed a map on the screen (A power point map which is on file in the Office of the City Clerk) to show the difference in TIF areas in Ft. Wayne, Indiana vs. South Bend, Indiana. He stated that in Ft. Wayne there are very few TIF areas and in South Bend it is a very large area representing approximately 38.1% of the total square footage or square mileage of the City of South Bend. Each of those areas contains either the Innovation Park, Ignition Park, Portage Prairie, Eddy Street Commons, Downtown South Bend, Airport Industrial Park & LaSalle Square, Southside Development Area, Erskine Commons and Erskine Village are all in TIF Districts. He stated that there is nothing wrong with TIF Districts; however the City needs to simply look how they administer them and approach them from a different fashion. He stated that if you look at the revenue which is proposed for the TIF Districts, the City of South Bend receives on an annual basis somewhere between 10 to 15 million dollars in those districts. He advised that those uncommitted dollars become discretionary dollars that can be used in the future and use them annual for discretionary use. He stated that there is expected growth in the Portage Prairie Area, Airport Industrial Park and in both tech parks, for which enormous dollars have already been spent, and all those dollars are constrained as TIF dollars, that number of 10 to 15 million is only going to get larger. In his opinion and in 10 to 15 years that number could even double. Once a piece of property is in a TIF District, it becomes unavailable for general city expenses. In his opinion that is just too much money to be in a TIF District which is property tax derived and not available for city operations. In this case, it has become nothing more than a tax shift in responsibility for city services and city operations for those occupy the TIF District to those who do not live in a TIF District or for that matter, businesses. Any and all new growth is going into TIF Districts, all that new growth has cost attached to it with regard to the operation of the City, it is undeniable. Those increase costs unfortunately have to be absorbed by the rest of the city, without compensation from the TIF Districts. He stated that he does not like to be critical of the way TIF Districts have evolved because there have been other things driving it, but such a model as it exists, as far as he is concerned is unfair to a vast majority of the people who don’t live in a TIF District. It is unrealistic and unsustainable. So what exactly can be done? Well, there have been a number of things happen over the last couple of years and seen some different communities do something different things and it is time for the City of South Bend to consider doing some of these things. In fact, as a TIF becomes mature, releasing some of the increment could be done by releasing millions of dollars which could then reduce property taxes throughout the City. Capital costs incurred by the City could be charged the TIF District if in fact the cost serves in that district. He suggested that the Police Department Central Station and the Fire Department Central Station and Public Works Facility combined as a 32 to 35 million dollars project and cost allocate a portion of those which serve the TIF and the capital, the City could pay those expenses for those in a mortgage going forward out of the TIF District. What that does is relieve the pressure on the COIT and EDIT which is paying those costs right now. It makes more money available in the General Fund to help pay bills for the City. He stated that the City of South Bend can do what the City of Mishawaka did in providing some relief to city residents by utilizing the TIF dollars. Recently, the City of Mishawaka reduced their water bills to their residents by 1.7 million dollars a year by using capital costs incurred in the TIF. He stated that he believes that the City could enter into an agreement for a provision of services with the Redevelopment Department or perhaps the City could contract with the Redevelopment Department to provide PILOT’s (Payments in Lieu of Taxes.) All of these are ways to make dollars available to the general fund for 7 REGULAR MEETING MARCH 23, 2009 the police and fire departments, who as the Council have been told, are the largest portion of the general fund dollar expenditures, nearly 70%. Capital costs for police and fire and capital costs for public works and even some of the vehicles could be expended in some way shape or form expense to the TIF, because they are not being done that way now. The City could move forward and free up money for that sort of thing. He questioned how much money is too much money in the TIF areas, is it 5, 10, 20 million dollars on an annual basis, that is a discussion that needs to be had. He stated that when it reaches that number those dollars need to be released back into the general fund. He stated that when the City has to make a decision on whether to buy new police cars or to put money towards a new jumbo tron for WNIT, he stated that some serious decision have to be made. He stated that the City is going to be faced with that going forward. What should be funded, who should make the decisions are all a part of this proposed discussion. He urged everyone for the benefit of the City as a whole to get involved and begin this discussion sooner rather than later. He advised that it is going to be difficult two years and they need all the breaks and cooperation they can get. TH COUNCILMEMBER OLIVER J. DAVIS, VICE-PRESIDENT, 6 DISTRICT th Councilmember Oliver Davis stated that he is very pleased to represent the 6 District of th the City of South Bend. He advised that the 6 District is considered the Pride of the West Side, including the southwest side of the City the Rum Village Neighborhood. He th stated that he likes to carry keys and would like to present six (6) keys to the 6 District. stnd The 1 and 2 keys go together they are the Rum Village Neighborhood Association and the West Side Neighborhood Association. They have been very active the last few years growing their memberships the past few years. They meet at various locations and rd discuss cares and concerns of what is going on in their neighborhoods. The 3 Key is the very far west side. He stated that he has received many calls from residents on the far west side of the district requesting that a neighborhood association be formed. They are residents near Navarre Intermediate School. He stated that he met with twenty residents to form and develop the West Side Neighborhood Association. He stated that they met at the Western Branch Library to move forward to hear more input from the neighborhood association. He stated that in 2008 he held various meetings in the district to have residents come and discuss and share their ideas and concerns. He stated he held joint meetings with the Health and Public Safety Committee chaired by Councilmember Karen White. He stated that Gary Gilot, Director of Public Works was the main speaker at one of the meetings to talk and share what public works projects are being done on the west side. In Key #4, are items that used to be provided by the Weed & Seed Program. He stated that the grant monies were relocated to another district for 2009. He said that he th was greatly disappointed that the 6 District was not a part of that program. The need is still there and hoped that monies might be available next year. Keys #5 addresses the graffiti and abandoned homes issues. He stated that not having the weed & seed funding to address these kinds of issues, other sources of funding need to be sought to curtail this activity. Key #6 is the retail stores along Ireland Road, Wal-Mart, Lowe’s, Gates, and along Western Avenue the new Walgreens Drug Store is being built. Councilmember Davis announced that the new Emil “Lucky” Resnik Transpo Headquarter Facility will th have its ground breaking sometime this summer at Ignition Park located in the 6 th District. He stated that there is much to do in the 6 District and welcomes all new businesses and residents and looks forward to more thing to come in the future. COUNCILMEMBER AL “BUDDY” KIRSITS - AT-LARGE Councilmember Kirsits advised that as an At-Large elected member of the South Bend City Council he is proud to represent the entire City of South Bend. He stated that he is assigned to several standing committees for the Council including Vice-Chair of the Public Works and Property Vacation, Utilities and Residential Neighborhoods, his primary responsibility resides as being the Chairperson of the Zoning and Annexation Committee and the Community Campus Advisory Coalition affectionately known as the CCAC. He stated that some of the more significant and notable issues that the Zoning and Annexation Committee has address over the past few years is the rezoning and development of the PUD area, also known as a Planned Unit Development at the Eddy 8 REGULAR MEETING MARCH 23, 2009 Street Commons, the annexation of the Portage Prairie Area, the annexation and rezoning of the Innovation Park Area and the rezoning and development of the LaSalle Square Project. Each development area comes with the potential to increase shopping employment and residential living and also comes with a price to develop in terms of TIF Districts to fund it and the responsibility of the City to provide services. During these times of HB 1001 that can be a daunting task. It is not without controversy as there are those that do not want to see any growth by the City especially those on the perimeter of these developments. He stated that personal property rights still do exit in this country and those that own property in which to voluntarily annex into the city have the right to do so. It is the Council’s job to ensure this fall within the City’s Plan including “City Plan” and Smart Growth Options and that it receives a fair and equitable hearing. It must also be remember that a city that fails to grow and change is a city that will eventually die. An ongoing issue affecting the neighborhoods in the City of South Bend that pertains to the Zoning and Annexation Committee is the growth of rental properties. He noted that this include weekend home game rentals, legal and illegal grandfathering of homes for multi-family use; the use of spot zone properties for a different use; and the inappropriate number of unrelated occupants living within a SF1 or SF2 neighborhood. While there are many landlords that provide good homes at fair rent to families that need decent and safe place to live, the city is seeing those investors that have no knowledge or want in disregard for the zoning ordinances that are in place. This causes havoc both within the challenged and stable neighborhoods, the burden should not be placed upon the neighbors to police, control and complain to the City about occupant problems of rental properties. The burden should be placed upon the owner of the home and this can only be done by moving towards a registration of rental properties that exists in the traditional neighborhoods. He noted that it doesn’t have to be an extensive or time consuming process, but it needs to exit in an ordinance form. It should be done to strike a balance between those that own resident property for profit and those that own it to raise a family. Failure to address this has the potential of destroying the traditional neighborhoods by addressing it properly they have the ability to stabilize and enhance property values for all property owners concerned. Councilmember Kirsits stated that it is his goal and that of the Zoning and Annexation Committee to attempt to bring together all interested parties during 2009 and work towards an ordinance that addresses these problems. He advised that the CCAC was formed in the after math of the Special Event Lawn Parking Ordinance that was discussed in the spring of 2007. After much discussion it was decided to separate ordinances and move forward with the passage of the special event lawn parking. In lieu of passing a social host ordinance which was based on information from the Department of Justice Cops Manual and similar ordinances from other college towns it was voted to put that on hold. Instead, the CCAC was put in place at the request of local universities primarily the University of Notre Dame and landlords in an attempt to talk and educate students and residents living in close proximity to each other. It was then Council President Timothy Rouse who asked him to Chair this committee and accepted. The first CCAC meeting was held in February 2008, membership has extended to Notre Dame, Holy Cross, St. Mary’s, IUSB. Also, in attendance have been City Council Members, City Administration, Code Enforcement, Police Department, the local Alcoholic Beverage Commission Board as well as landlords and residents. City Clerk John Voorde sworn in the members and Kathleen Cekanski- Farrand serves as Legal Counsel. A complete listing of minutes is on file in the Office of the City Clerk. Meetings have been held in April, October, and November 2008. The next meeting of the CCAC will be held on Thursday, April 2, 2009 at the University of Notre Dame, Administration Building. The following are a list of several things that have occurred since the creation of the CCAC: Leadership from the University of Notre Dame Student Body Presidents has been outstanding, the past president Liz Brown and the Current President Robert Reish. They have made legitimate attempts and significant progress in reaching the Student Body with a message to be good neighbors when they live off campus. The University of Notre Dame has published and distributed a booklet about off-campus living and how to be a good neighbor, and has responded quickly to isolated incidents of inappropriate behavior so they would not be repeated. St. Mary’s sends an e-mail alert about upcoming weekends and the behavior and activity that they expect from their students. The South Bend Police Department has been working with the University of Notre to inform students through e-mail of all burglaries and suspicious persons regarding off-campus properties. Crime prevention is working to give them 9 REGULAR MEETING MARCH 23, 2009 recommendations on protection of their property while on winter/spring/summer break and ways to increase the students overall safety in the community. Informal surveys of the Fire Department, Paramedics is that the number of transports from intoxicated students is down significantly. A local landlord that owns residential property around the campus have held meet and greet neighborhood parties for students and residents at their own expense. They are attempting to keep the students informed of inappropriate behavior and respond to complaints from neighbors. Code Enforcement and the University are showing and telling Parents where and how many students can live in residentially zoned neighborhoods. The biggest thing is that complaints regarding student housing are down and the most significant result. Part of this is due to complaints from neighbors, the reaction from the police department, and by increased SUDS patrol by the State. The question was raised that extreme weather and a less than successful football season the last two years have played a role? He believes that might be, but for the most part the reduction in complaints has come from everyone especially the Universities and the Student Leaders about getting the word out to tone it down and be a good neighbor. The Students have responded positively. While this is a positive result, not all the problems have been resolved, they realize that there are things that will come up like St. Patrick’s Day, last week, and some properties are still troublesome and still need to be worked on. He stated that the CCAC is not going to resolve these issues in just the short time that they have been together. It is a continual and ongoing process, because every year there is a 25% new population that has to be educated and informed. The new Student Body President has been introduced and he intends to take this forward. He stated that they are content with the legislation in place and do not intend to file any new legislation concerning a social host ordinance. The greatest issues affecting the City of South Bend, its citizens and this Council comes as no surprise to anyone, the effects of HB 1001 placed upon local governments throughout the State of Indiana have been well documented. The nationwide economic upheaval is ravaging the homeland and plays out in the media everyday. He stated that as a Council they will have to make difficult decisions on what services this great city will fund. Make the right decisions and this City continues to prosper once it gets through these tough times. Make the wrong decision and the City becomes a place to visit but not a place people want to live and raise a family. The wrong choice may begin a downward spiral, living in any city in America with a diverse populations and socio-economic means will carry with it a certain amount of risk. Sheer volume of population dictates that statistic, but is a risk the City must take because of the many wonderful things living close to the heart of what a diverse city brings. That is what South Bend has, many wonderful things. He stated that is why he lives in the City of South Bend. He stated that he, as well as many others in this great community are concerned primarily about two things: 1. Their greatest financial investment, their homes, they have to make sure that the values of homes are stable and do not deteriorate. 2. The well being of family, children, spouses, and parents. He stated that family safety and value of homes is what is most important to him and many other citizens of the City of South Bend. Cutting those services that ensure the value and safety of homes and families and put them at a higher risk is unacceptable. It puts the City at risk of urban flight to the communities around the city, the competitors. He stated that the City of South Bend needs to ensure and continue to maintain the current level of public safety that meets the bare minimum. Make the wrong decision and the City may create something that is difficult to recover from. With that in mind, it is his opinion, that they put on hold all capital purchases, keeping that revenue as a reserve to ensure basic public safety services. It is his hope and belief that with the leadership of the Mayor and this Council to explore other revenue options so that they can continue to ensure public safety services and those services that make this city and it’s neighborhoods very rich. COUNCILMEMBER TIMOTHY A. ROUSE – AT LARGE Councilmember Timothy Rouse stated that it has been a journey working with this Council. He stated that in 2008, three (3) of the nine (9) Councilmember’s were newly elected officials. He stated that since their time in office HB 1001 has come into place and put some difficult decision making on this Council and commends them for doing a fine job. He commended veteran Councilmember David Varner for keeping the Council informed on various issues namely TIF Districts that are before the Redevelopment 10 REGULAR MEETING MARCH 23, 2009 Commission. He noted that Councilmember Varner is the Council’s representative to the Redevelopment Commission as well as the Century Center Board of Managers. Councilmember Rouse stated that he is an At-Large member of the Council, serving the entire City of South Bend. He stated that he is the Chairperson of the Community and Economic Development Committee, Residential Neighborhoods Committee and Vice- Chairperson the PARCS Committee, a member of the Health and Public Safety Committee as well as a member of the Public Works and Property Vacation Committee. The Community and Economic Development Committee oversees the various activities of the Community and Economic Development Department (CED), oversees the programs directed by CED, oversees the Economic Development Department, as well as oversees the program and financial management, reviews all real and personal property tax abatement. He noted that so far this year there have been two (2) tax abatement resolutions; Bill No. 09-19, a resolution asking the Redevelopment Commission not to act upon something in support of in regard to the New Tech High School. The concern is that the city was moving too rapidly without having all of the facts. He stated that there was a great deal of uncertainty regarding that particular new high school. The South Bend Common Council supports the New Tech High School Concept; the concern is giving it due diligence and making sure that the 1.3 million dollars out of the TIF District monies would be given after due diligence and consideration. The Council felt that the Redevelopment Commission has not responded appropriately to this elected body that has the responsibility to answer to the public. In 2009, the CED Committee has begun to review the Tax Abatement Ordinance. The review had begun in 2006, under the Chair of the CED Committee at that time was Roland Kelly, and stalled at that time. In 2007, the Chairperson of the CED Committee was Derek Dieter, and at that time the St. Joseph County Council was in discussion of reviewing and revising their tax abatement ordinance. Councilmember Rouse stated that at the last meeting of the St. Joseph County Council, they approved their revised tax abatement ordinance. So with that information, the South Bend Common Council CED Committee will review the City’s tax abatement ordinance. He stated that currently the 2009/2010 budget has taken precedent and discussion on the reviewing and revising the tax abatement ordinance will take place after budget proceedings are concluded. He stated that as Chair of the Residential Neighborhoods Committee, he had the responsibilities of overseeing the various neighborhood partnership centers; however, those centers have been closed due to budget constraints, but still have the oversight responsibilities related to neighborhood development and enhancement. In 2009, the goals of the Residential Neighborhood Committee are to continue the certification process of neighborhood association. He stated that they would like to see every neighborhood in the City of South Bend to have an association responsible for issues that arise in the various neighborhoods. The certification will be in collaboration with some of the very active neighborhood associations that exists. The Northwest Neighborhood Association is renowned for its work and outstanding service to that community. They will use that association as a model to help certify other neighborhood associations. He stated that there are approximately 35 neighborhood associations in the City of South Bend. Some are not active, and are seeking to reactivate their associations. The City of South Bend City Plan relies heavily upon neighborhood associations. For many years when a neighborhood association would appear before the Zoning and Annexation Committee and vote in favor or against issues, this Council has been very passionate and swayed heavily on the desires of the neighborhood association. He stated that it is necessary for the entire population of the City of South Bend 107,000 people to have the opportunity to be represented by a neighborhood association, because it carries a great deal of weight in the City. He encouraged all those that don’t have a neighborhood association to consider starting one. He advised that other projects that are ongoing are the Major Moves Report. This is a comprehensive report and a plan inclusive of the St. Joseph County Wheel Tax Commission which gave its final report in 2004, Toll Road HB 1008, which came out in March 2006, and major moves from September 2007. This report is inclusive of arterial streets, collector and local streets. Councilmember Rouse stated that State Representatives John Broden and David Niezgodski appeared on Jim Wensit’s television show and told the audience that the City of South Bend as well as St. Joseph County have terrible road conditions. Councilmember Rouse stated that this cannot continue and must be addressed. He stated that his grandson visits quite frequently from Lexington, Kentucky, and asks him “Pa Pa” why are there so many holes in the streets in South 11 REGULAR MEETING MARCH 23, 2009 Bend? He replied that it is because we get so much snow and ice. Councilmember Rouse stated that the City can do better and must have a comprehensive plan, not just on major developments like the Douglas Road Project and Eddy Street Commons, but can do better on other areas of the city. He stated that tonight it was mentioned that Ft. Wayne is on the cutting edge, an outstanding city, and have put into place a program called Lean Six Sigma. He stated that Six Sigma for those who have worked out in the private sector and business environment are familiar with that term. Six Sigma came out of General Electric and Honeywell, those kinds of industries to reduce costs through ineffective processes. Today, it has been noted that this can work in government also. The Mayor of Ft. Wayne, Indiana, three years ago installed and instituted the program Lean Six Sigma in the City of Ft. Wayne, cutting millions of dollars out of the process and not reducing the work force. He stated that it is instituted by cutting the overload, waste, and then reduce the force through attrition. It can work in South Bend too. He stated that tomorrow, March 24, 2009, early in the morning, he and Councilmember Henry Davis, will drive down to Ft. Wayne and participate in a workshop in Ft. Wayne, Indiana. He stated that they believe that it will improve the customer service and increase the effectiveness to the City of South Bend. He stated that the CED Committee has made a motion in committee that they will address the issue with the Redevelopment Commission and how they will actually disseminating and dispersing TIF Dollars, not so much as to say they know it all, but look forward to studying a program that was initiating by the highly esteemed Dr. William P. Hojnacki, in 2006 called Paying for Public Services in St. Joseph County: Benefit vs. Burden. The Committee has made a recommendation to the full Council that they would continue Bill No. 09-19 indefinitely, to look at additional and innovative ways that the City Council can address some of the things that they have been confronted with, not to the point fingers and say that the same system won’t work, but he believes that post 2009 or 2010 will require the Council to look at things in a new paradigm and a new mind set. COUNCILMEMBER KAREN L. WHITE – AT LARGE Councilmember White advised that she is an At-Large Councilmember for the City of South Bend. She thanked all volunteers who spend countless hours sharing their concerns and ideas to make the City of South Bend such a wonderful place to live, work and play. She also thanked the employees of the City of South Bend for their hard work behind the scenes who take such great pride in making those levels of services that they provide of such high quality for the citizens of the City of South Bend. She stated that it is truly a pleasure to work with each and every Councilmember. She stated that being an At-Large Councilmember, she has had the opportunity to work with each District Councilmember concerning their various district issues. As an At-Large Councilmember she believes that the three (3) At-Large have and must continue to facilitate a comprehensive holistic approach towards the issues, because what happens in each of the districts impacts the entire city. She stated that she believes that the citizens of South Bend do not expect their nine (9) elected members of the Council to always agree on everything, she noted that they don’t and won’t. She stated that the citizens do expect the Council to conduct public trust in an open and professional way. She stated that the Mission Statement of the Council is “To make certain that the government is always responsive to the needs of the citizens." In this spirit the Council has set a new and positive direction in 2009 based upon communication and transparency. Since elected in 2000, she has had the honor of serving the Citizens of the City of South Bend, now in the second year of fourth year term; her leadership roles have included that of serving as President, Vice-President and Chair of the Committee of the Whole. She stated that she th lives in the 5 District of the City of South Bend and continues to be pleased with the overall development of the south side of town. She is truly a westsider, she lived on the west side for many years, she stated that her son attended Kennedy Elementary School, LaSalle High School, so in her heart she truly is a westsider, but now lives on the south side of South Bend. She stated that she proudly serves on the following committees and appointed boards: Vice-Chair Personnel & Finance Committee; Vice-Chair of the Community Relations Committee; member of the Residential Neighborhood Committee; member of the Community & Economic Development Committee; Vice-Chair of the Urban Enterprise Zone Board; and Chairperson of the Health & Public Safety Committee. She stated that she is also involved as the sponsor of the South Bend 12 REGULAR MEETING MARCH 23, 2009 Common Council Youth Advisory Council, and a member of the Personnel & Finance Committee. She stated that the Council believes that the youth of the city are a part of today, not tomorrow. She stated that for approximately six (6) years she has had the pleasure of working with twelve (12) outstanding students. The Youth Council meets on strd the 1 and 3 Wednesday of each month. The initiatives and goals of the Youth Council are leadership opportunities, civic engagements, and educational opportunities. She noted that eight (8) members will be graduating this year and all have been accepted to post secondary institutions. She stated that the Youth Council will be seeking applications for youth to become involved and become a part of this wonderful advisory council. She stated that she currently chairs the Health & Public Safety Committee and the duties of that committee are to oversee the various activities of the Fire & Police Departments, EMS, Department of Code Enforcement, and related Health and Public Safety Issues. She noted that an organizational meeting was held in February 2008, to outline the committee’s agenda as well as to ascertain priorities for the year. The following are concerns and activities that the committee determined that they will address: 1. Review the Quality of Life Ordinance; 2. That they will hold a series of district meetings, the purpose of these meetings would be to provide an opportunity to hear from the citizens regarding public health; safety issues and concerns. These meetings were held in 2008, five meetings were held regarding quality of life. In January 2009, the Health and Public Safety Committee held its 2009 organizational meeting; they reaffirmed the need to complete the district public safety committee meetings in related nd districts. The first meeting will be held in the 2 District in April. At that time it will provide an opportunity to listen first hand to public safety concerns of the residents. She stated that they have held special meeting with the local and regional staff of Beacon Heights to seek ways in which the City can work with them and to really come together and bring about ways a sense of community. Future meetings will be forth coming with the staff and hopefully with the residents Beacon Heights. She stated that the Mayor in his State of the City Address noted that the City of South Bend remains strong although times are tough. The recession, economic conditions, unemployment, housing crisis, and the State of Indiana Property Tax Caps increase the need for city services and are having a major impact on government and their limited resources. The City faces the ever increasing demand and expectations from a diverse population for services and resources in a time of limited financial resources residents increasingly expect their government to provide to them high quality service at a cost effective manner. The need to devote resources to districts still remains one of the highest concerns. She stated that all districts are not the same, all districts must not be funded the same. She invited anyone to drive within the City of South Bend and notice that all districts are not the same. She stated that as elected officials need to look at those resources to make sure that all of the districts have the resources available to them, so that the City as a whole can be classified st a 21 Century City. City budgets are similar to those in businesses and households, the need to balance income to expenses. The need to live within our means is an ever increasing call while still maintaining the level of service that has been provided. She stated that the Council, the City Administration and with the help of citizen input make difficult decisions about the allocations of the limited resources. She stated for example, the need to establish funding priorities is a must. What City services should be continued to be provided and how will they be paid for? She stated that the Council has begun Summits this year and budget meetings to look at all funding options based upon the City’s revenues. TIF, Redevelopment and other means will be looked into so that the City taxpayers can receive the best possible city services which are necessary and affordable. All funding should and must be placed on the table, for example: What should the funding level be for the City Parks and Neighborhoods? If Public Safety is the top priority then what should its funding levels be? She stated in order for the City to remain strong and to grow there must be economic opportunities for everyone. The heart and sole of any city are its citizens, their safety, well being, and economic opportunities are the responsibility and priority of the elected officials they chose to serve them. The budget decisions that the Council will be making this year and in 2010 will be critical just as Mayor Luecke stated and she quoted “To continue the work of an emerging South Bend.” She challenged everyone to seize the opportunity to come together to build new partnerships, to protect the citizens, to respond to the call for neighbors helping neighbors and to support each other. She stated that she believes that the City will emerge with a 13 REGULAR MEETING MARCH 23, 2009 greater vision, a greater sense of community and a greater South Bend, because we can and we will. Council President Dieter thanked all the members of the Council. He thanked Council Attorney Kathleen Cekanski-Farrand for the volumes of work that she does for each of the Council Members. President Dieter thanked City Clerk John Voorde and his staff, Mary Beth Wisniewski, Chief Deputy City Clerk and Janice Talboom, Deputy, for their dedication, hard work, and continued support for all the Council. He stated that this Council is a proactive Council, not just a reactionary Council. He stated that they are not here just to close an alley or approve abatements. He stated that you can see all the hard work that the Councilmember’s have been doing. He stated that the Council Summit’s this year have produced the Council’s with assignments or homework for each Councilmember to finish, find information, work with the City Administration to find the answer’s to the questions that have arisen from the citizens of South Bend. Council President Dieter stated that he and the Council look forward to continuing the Council State of the Council Address in conjunction with next year’s State of the City Address from the Mayor. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 9:00 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. 17-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $750,000.00 FROM COMMUNITY DEVELOPMENT FUND (#212) FOR EQUIPMENT FOR INNOVATION PARK AT NOTRE DAME Councilmember Rouse, Chairperson, Community & Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Jennifer Laurent, Division of Economic Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Laurent advised that this bill would appropriate funds from a $750,000.00 Department of Energy Grant the City was awarded for Innovation Park @ Notre Dame. The funds will be appropriated into the Community Development Fund #212 and used to purchase high-tech equipment for the facility. She noted that these funds cannot be used for general government purposes; only to purchase specific pieces of specialized technical equipment to properly outfit the facilities at the new Innovation Park @ Notre Dame. 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 LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. 14 REGULAR MEETING MARCH 23, 2009 BILL NO. 18-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,000,000.00 FROM STATE GRANT FUND (#210) FOR CONSTRUCTION AND/OR EQUIPMENT FOR INNOVATION PARK AT NOTRE DAME Councilmember Rouse, Chairperson, Community & Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Mr. Don Inks, Director, Economic Development Department, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Inks advised that this bill would appropriate funds from a $2,000,000.00 Indiana Economic Development Corporation grant the City was awarded for Innovation Park @ Notre Dame. The funds will be appropriated into the State Grant Fund #210 and used for the construction and equipment for the facility. Mr. Inks noted that these funds cannot be used for general government purposes, only toward the construction and/or equipment to properly outfit the facilities at the Innovation Park @ Notre Dame. 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 Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 19-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $175,000 RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE WEED & SEED PROGRAM Councilmember Rouse, Chairperson, Community & Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Councilmember Dieter disclosed that he is a member of the South Bend Police Department and has his disclosure form on file with the Office of the City Clerk. He stated that after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflict exists. th Pam Meyer, Director, Community Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that this bill would appropriate the first year of funding for Weed & Weed site #2 Northwest from the Department of Justice (DOJ) grant award of $175,000 for the period of October 1, 2008 through September 30, 2009. The budget submitted as required with the initial designation application was recently approved by the DOJ in January. The funds are being used for programming related to the Weed & Seed required areas of Law Enforcement, Community Policing and, Prevention, Intervention and Treatment activities. Included in this year’s funding are police patrols, the time of a targeted prosecuting attorney, graffiti paint over supplies, Bridges Out of Poverty classes, a billboard art contest for youth, and items related to an after school program. These activities are the beginning of a multi-year effort for Site #2. 15 REGULAR MEETING MARCH 23, 2009 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 Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. 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 9:09 p.m. Council President Derek D. Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 9911-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $750,000.00 FROM COMMUNITY DEVELOPMENT FUND (#212) FOR EQUIPMENT FOR INNOVATION PARK AT NOTRE DAME This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember LaFountain seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9912-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,000,000.00 FROM STATE GRANT FUND (#210) FOR CONSTRUCTION AND/OR EQUIPMENT FOR INNOVATION PARK AT NOTRE DAME This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 16 REGULAR MEETING MARCH 23, 2009 ORDINANCE NO. 9913-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $175,000 RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE WEEK & SEED PROGRAM This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Kirsits seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 09-19 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REQUESTING THE SOUTH BEND REDEVELOPMENT COMMISSION TO STUDY IN GREATER DETAIL THE REQUEST TO FUND THE NEW TECH HIGH SCHOOL AND TO MEET PUBLICLY WITH THE COUNCIL Councilmember Rouse, Chairperson, Community & Economic Development Committee, stated that the Council continued consideration of this Resolution from their last meeting in hopes of prompting the Redevelopment Commission to hold off supporting a $1.3 million dollar pledge of TIF funds and an implied promise of $1.7 million more to support the New Tech High School proposal. The Redevelopment Commission decided to go ahead. The SBCSC Board is meeting tonight to discuss on whether to move forward with the New Tech High School. Councilmember Rouse further urged the study of the Hojnacki document, “Paying for Public Services in St. Joseph County: Benefit vs. Burden. Councilmember Puzzello made a motion to continue this bill indefinitely. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Council President asked City Clerk John Voorde to read into the record a letter dated March 23, 2009, addressed to the Members of the Redevelopment Commission, signed by Councilmember Timothy A. Rouse, Chairperson, Community and Economic Development Committee and Council President Derek D. Dieter, South Bend Common Council and supported by the entire South Bend Common Council. March 23, 2009 Marcia I. Jones, President Bishop Donald Alford, Member Redevelopment Commission Redevelopment Commission 1611 East Washington 1441 E. Jefferson Boulevard South Bend, Indiana 46617 South Bend, Indiana 46617 Nancy King, Secretary Stephanie Spivey, School Bd Rep Redevelopment Commission Redevelopment Commission 5145 Park South Blvd. 1812 Dutch Court South Bend, Indiana 46614 South Bend, Indiana 46614 Gregory Downes, Member Dr. David Varner, Vice-President Redevelopment Commission Redevelopment Commission 125 South Esther 1306 Clayton Drive South Bend, Indiana 46617 South Bend, Indiana 46614 Dear Members of the Redevelopment Commission: As members of the Redevelopment Commission, each of you are charged with important duties and responsibilities to address blight and the underutilization of 17 REGULAR MEETING MARCH 23, 2009 land which acts as a barrier to development in our city. Problem identification and the development of strategic plans are just some of your priorities. We believe that another critical priority should be the ongoing collaboration and communication of the Redevelopment Commission with public officials and the public at large. A growing concern is the developing trend of ignoring opportunities to discuss and share your vision, proposed policies and proposals; and to respond to inquires of the South Bend Common Council. There have been at least two recent meetings where Redevelopment Commission members were informed of Council committee meetings where your presence was expected. The resulting limited participation is creating a barrier to dialogue, and we believe most disappointing and unproductive. Working together to make the City of South Bend a vibrant, diverse, and welcoming community where individuals choose to live, work and raise their families; and where businesses decide to locate and create quality jobs, are all critical components to the vision for our great city. Choosing to ignore the legislative body of the City of South Bend is not in any ones best interests. We sincerely hope that each of you will participate publicly with the Common Council in addressing the many challenges facing our city. Cooperation, sharing of information, and dialogue - especially in light of HEA 1001 - among elected and appointed officials, is important now, more than ever. We therefore seek your cooperation, and look forward to seeing you at future meetings of the Council and its Committees. Thank you. Most sincerely, Council Member Timothy A. Rouse, Chairperson Community and Economic Development Committee Council President Derek D. Dieter South Bend Common Council cc: The South Bend Common Council Mayor Stephen J. Luecke Jeff Gibney, Executive Director RESOLUTION NO. 3959-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 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 18 REGULAR MEETING MARCH 23, 2009 WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 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, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, 19 REGULAR MEETING MARCH 23, 2009 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 determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Timothy Rouse, Chairperson, Community & Economic Development Committee reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Kelly Bretz, 50764 Post Road., Granger, Indiana, made the presentation for this bill. 20 REGULAR MEETING MARCH 23, 2009 Ms. Bretz advised that she and her husband plan 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 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 Varner made a motion to adopt this Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis, Jr.) RESOLUTION NO. 3960-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 445 NORTH SHERIDAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TREADSTONE, LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South , Bend, Indiana, requesting that the area commonly known as 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, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. 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 pursuant to Indiana Code 6-1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; 21 REGULAR MEETING MARCH 23, 2009 b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Timothy Rouse, Chairperson, Community & Economic Development Committee reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Kenn Andrews, owner, Treadstone, LLC, 445 N. Sheridan Street, 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 playgrounds and for landscaping. 22 REGULAR MEETING MARCH 23, 2009 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 if $200,000. Total taxes to be abated during the five (5) year abatement period are estimated at $7,815.00. 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 $60,000. The project will also maintain four (4) existing permanent full-time positions and one (1) existing part-time 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 White made a motion to adopt this Resolution. Councilmember Rouse seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3961-09 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 March 4, 2009 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: US Scrap, LLC 1420 S. Walnut St. Alternative Two, LLC 700 W. Chippewa Ave. Green Tech Transfer & Recycling 2500 Green Tech Dr. US Scrap & Recycling / South Bend Bailing Div. 1420 S. Walnut St. Gertrude Street Metal Recycling Inc. 3700 S. Gertrude St. US Scrap & Recycling 2014 – 2016 W. Washington St. US Scrap & Recycling 1610 Circle Ave. US Scrap & Recycling 1700 W. Washington St. 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: 23 REGULAR MEETING MARCH 23, 2009 Section I. The license applications for the following businesses: US Scrap, LLC 1420 S. Walnut St. Alternative Two, LLC 700 W. Chippewa Ave. Green Tech Transfer & Recycling 2500 Green Tech Dr. US Scrap & Recycling / South Bend Bailing Div. 1420 S. Walnut St. Gertrude Street Metal Recycling Inc. 3700 S. Gertrude St. US Scrap & Recycling 2014 – 2016 W. Washington St. US Scrap & Recycling 1610 Circle Ave. US Scrap & Recycling 1700 W. Washington St. 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 March 4, 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. Councilmember LaFountain, Chairperson, Personnel & Finance Committee reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Winona Hays, Ordinance Violations Bureau Clerk, City Clerk’s Office, 4 Floor County- City Building, South Bend, Indiana, made the presentation for this bill. Ms. Hays advised that all eight businesses received favorable recommendations from the Departments of Code Enforcement, Police, Fire, Water Works and Building and have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station Recycling Operations Licenses for the year 2009. 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 Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS – FIRST READING There were no bills for first reading at this time. UNFINISHED BUSINESS REPORTS FROM THE AREA PLAN COMMISSION BILL NO. 01-09 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 BILL NO. 07-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1032 WAYNE STREET, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 24 REGULAR MEETING MARCH 23, 2009 BILL NO. 08-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1205 N. HICKORY RD., COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 15-09 AN ORDINANCE 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 THERE BY ESTABLISHING THE AREA BOARD OF ZONING APPEALS AS THE BOARD OF ZONING APPEALS FOR THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to set Bill Nos. 01-09; 07-09; 08-09; and 15-09 for Public Hearing and Third Reading on April 13, 2009 and send to the Zoning and Annexation Committee. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Council President Dieter announced that the Executive Session of the Council that was scheduled for tomorrow, Tuesday, March 24, 2009 has been canceled. Councilmember Henry Davis announced that he has recently been elected to service on the Civil Rights Museum Board of Directors. Additionally, he stated that he along with Students from Clay Intermediate School will be painting a mural on the West Side Democratic Club. PRIVILEGE OF THE FLOOR COMMENTS FROM MS. LEWIS REGARDING BUSINESSES THAT RECEIVE TIF MONIES Marti Lewis, 308 S. Francis, South Bend, Indiana, asked why the Council would approve using TIF monies at the Hansel Center location to support a project for Notre Dame? Ms. Lewis also asked how many businesses have received TIF monies? Councilmember Varner replied to Ms. Lewis that he attended the Redevelopment Commission Meeting that this topic was discussed at. He stated that there was $100,000.00 balance left on the mortgage and that there was significant damage done to the building by vandalism. He stated that there was no net revenue going to South Bend Heritage and that the money was to pay off the mortgage. Councilmember Varner also noted that Notre Dame’s commitment to the City of South Bend is approximately $800,000.00. He stated that the rehabilitation of the building was greater than just having to demolish it. COMMENTS FROM MR. LANE REGARDING NEW TECH HIGH SCHOOL Mr. George Lane, Chairperson, Citizens for Accountability, stated that he is opposed to the New Tech High School. He stated that the City needs to spend the money on new sewers; roads and infrastructure. Mr. Lane also congratulated the Council on their commitment to transparency to the taxpayers and commended them on their hard work and diligence during these hard economic times. 25 REGULAR MEETING MARCH 23, 2009 COMMENTS FROM MR. KLEMPAY REGARDING NEW TECH HIGH SCHOOL Mr. Thomas Klempay, 1733 Walnut, South Bend, Indiana, stated that he would like more information and details about the New Tech High School. He stated that he was having difficulty getting information from the SBCSC. He advised that South Bend needs alternative teaching schools and better means of reaching out to the students. Mr. Klempay also noted that the school corporation should consider the soon to be vacated site of St. Joseph Hospital. He thanked the Council for keeping the citizens of South Bend informed. ADJOURNMENT There being no further business to come before the President Derek D. Dieter adjourned the meeting at 9:35 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 26