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HomeMy WebLinkAbout10-26-09 Common Council Minutes REGULAR MEETING OCTOBER 26, 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, October 26, 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 Karen L. White At-Large Absent: Al “Buddy” Kirsits 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 October 12, 2009 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember Puzzello made a motion that the minutes of the October 12, 2009 meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS Council President Dieter advised that the South Bend Common Council is accepting application for the 2009/2010 Youth Advisory Council. High School Students and Graduates up to 21 years of age to apply to become members of the Youth Advisory Council for 2009-2010 school year. Application forms and related materials may be downloaded from the City of South Bend website http://www.southbendin.gov Applications must be filed with the Office of the City Clerk by Monday, November 2, 2009. Members selected to serve on the 2009/2010 Youth Advisory Council will be officially sworn in at the November 9,2009, meeting of the South Bend Common Council. th Council President Dieter advised that the South Bend Common Council has appointed 4 District Council Member Ann Puzzello as the Council’s Representatives to the Joint Labor/Management Committee of the South Bend Fire Department. Additionally, Council President Dieter advised that Council Member at Large Karen L. White was appointed as the Council’s Representative to the Joint Labor/Management Committee of the South Bend Police Department. He stated that these are nine (9) member committees that meet at least on a quarterly basis to discuss issues related to the South Bend Fire Department and South Bend Police Department. The committees make advisory 1 REGULAR MEETING OCTOBER 26, 2009 recommendations to maintain professionalism and communication for the betterment of each department. Council President Dieter advised that the South Bend Common Council will hold a Council Summit on Monday, November 30, 2009. It will be held in the Council’s th Informal Meeting Room, 4 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana from 5:30 p.m. until 7:30 p.m. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Henry Davis made a motion to resolve into the Committee of the Whole. Councilmember Oliver Davis 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. 54-09 PUBLIC HEARING A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 5 PLANNED UNIT DEVELOPMENT DISTRICT; SECTION 21-05 PLANNED UNIT DEVELOPMENT DISTRICT, TO REVISE THE CRITERIA USED IN DETERMINING MAJOR/MINOR CHANGES TO APPROVED SITE PLANS AND REMOVING TIME LIMITS TO OBTAIN SECONDARY APPROVAL Councilmember Varner made a motion to continue this bill until the November 9, 2009 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 80-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING AND DELETING SECTIONS 6-26 THROUGH 6-26.4 OF CHAPTER 6, ARTICLE 6, OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO LOW VOLTAGE CONTRACTORS Councilmember White made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Mr. Charles Bulot, Building Commissioner, 125 S. Lafayette Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Bulot advised that on February 9, 2009, the South Bend Common Council passed Ordinance No. 9902-09 which, among other things, regulated low voltage contractors by requiring registration and setting fees to be charged by the Building Department. After 2 REGULAR MEETING OCTOBER 26, 2009 performing a detailed review and investigation of changes in technology, it has been determined that Sections 6-26 through 6-26.4 of Chapter 6, Article 6 of the South Bend Municipal Code are no longer needed. Mr. Bulot stated that the only change in the substitute bill is language indicating that the Common Council is repealing the affected Municipal Code Sections, and not just deleting them. 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 as substituted. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 73-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $360,000.00 OF GRANT FUNDS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WITHIN FUND 209 FOR ENVIRONMENTAL CLEAN-UP OF BROWNFIELD SITES WITHIN THE CITY OF SOUTH BEND Councilmember Rouse, Chairperson, Community and Economic Development Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Ms. Ann Kolata, Senior Redevelopment Specialist, Community and Economic th Development Department, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Kolata advised that this bill would appropriate funds from a $360,000 EPA grant for the Brownfields Revolving Loan Fund. She stated that South Bend was selected to receive this supplemental funding as part of the American Recovery and Reinvestment (ARRA) Act of 2009. It will provide additional capitalization of the Brownfields Cleanup Revolving Loan Fund. She noted that these funds cannot be used for general government purpose, only toward eligible uses related to the remediation of brownfield properties. Ms. Kolata stated that the Studebaker Stamping Plant Site and Good Shepherd Montessori School will be the sites for clean-up. Councilmember Henry Davis advised that he would like to see more publicity on these funds. He suggested advertising on Public Television to get the word out. 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 Rouse seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 81-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9951-09 ENTITLED “AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND 3 REGULAR MEETING OCTOBER 26, 2009 INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY’S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS” Councilmember Oliver Davis, Chairperson, Utilities Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Mr. Gary Gilot, Director, Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that this bill amends Ordinance No. 9951-09 which was recently passed and which authorized improvements and extensions of the City’s Sewage Works through issuance and sale of revenue bonds. Additionally he advised that because of the City’s duty to place a portion of the approved bond proceed funds in a separate debt reserve account, the Sewage Works could not perform the project as fully contemplated. To remedy this, the State Revolving Fund Loan Program (SRF) is making available additional funds in the sum of $1,500,000.00. the attached ordinance amends Section II of Ordinance 9951-09 to expand the project description now made possible by infusion of these additional funds, specifically, improvements to Kennedy Park. No further amendment of Ordinance No. 9961-09 is required because the additional SRF monies do not change the total revenue bond funds of $4,600,000.00 authorized and described in that bond ordinance. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 82-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9672-06 ENTITLED “AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY’S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS” 4 REGULAR MEETING OCTOBER 26, 2009 Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Oliver Davis, Chairperson, Utilities Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. th Mr. Gary Gilot, Director, Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that the only change in this substitute bill is the addition of a new Section 11 which adds and incorporates the Form of Financial Assistance as Exhibit “B” to Bond Ordinance No. 8672-06, and as Exhibit “A” to Substitute Bill No. 82-09. He reiterated that this amendment is appropriate because it provides an alternative method for selling the original bonds, a method recommended by the City’s bond counsel. 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 as substituted. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis.) RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) 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 7:21 p.m. President Derek D. Dieter presided with eight (8) members present. BILLS – THIRD READING ORDINANCE NO. 9969-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING AND DELETING SECTIONS 6-26 THROUGH 6-26.4 OF CHAPTER 6, ARTICLE 6, OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO LOW VOLTAGE CONTRACTORS 5 REGULAR MEETING OCTOBER 26, 2009 This bill had third reading. Councilmember White made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Varner made a motion to pass this bill as substituted. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9970-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $360,000.00 OF GRANT FUNDS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WITHIN FUND 209 FOR ENVIRONMENTAL CLEAN-UP OF BROWNFIELD SITES WITHIN THE CITY OF SOUTH BEND This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Rouse seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9971-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9951-09 ENTITLED “AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY’S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS” This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis.) ORDINANCE NO. 9972-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9672-06 ENTITLED “AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY’S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND 6 REGULAR MEETING OCTOBER 26, 2009 ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS” This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as substituted. Councilmember LaFountain seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis.) RESOLUTIONS RESOLUTION NO. 3995-09 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 1400 WEST RIVERSIDE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1400 West Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Beginning at the Southeast corner of the Southwest ¼ of said, section 35; thence South 89 49’ 52” West (bearing assumed) along the South line of said section, 308.97 feet; thence North 89 55’ 00” West, 116.24 feet; thence North 00 00’ 27” West, 12.00 feet to the North line of a 12 foot alley; thence North 89 55’ 00” West along said North line of alley; the East line of Kessler Boulevard, 128.00 feet South 89 55’ 18” East of the Northeast addition to the City of South Bend recorded April 6, 1906 in the Plat Book 0, pages 30 and 31; thence South 89 55’ 18” East along the South line of King Street, 352.84 feet; thence North 00 00’ 27” West, 194.85 feet to a point the centerline of the East and West 14 foot alley between King Street and McCartney Street produced East; thence North 00 06’ 09” East, 128.81 feet; thence North 89 46’ 49” East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37’15” West along a chord subtending said Westerly line of Riverside Drive, 455.43 feet to the South line said section 35; thence North 90 00’ 00” West along said South line, 156.71 feet to the point of the beginning. Commencing at the Southeast corner of the ¼ of said section 35; thence North 00 00’ 30” West (bearing assumed) along the East line of said Southwest ¼ a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing North 00 00’ 30” West along said East line 336.00 feet to the South line of Queen Street; thence South 89 56’ 09” West along said South line of Queen Street 176.60 feet, thence North 00 02’ 36” Est. 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street and Queen Street; thence South 89 56’ 09” West along said centerline of alley, 131.27 feet; thence South 00 06’ 09” West along the East line of Lot 145 in the Third Plot of 7 REGULAR MEETING OCTOBER 26, 2009 Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. Joseph County Recorder and its Northerly and Southerly extensions, 195.00 feet to the South line of Queen Street; thence South 89 56’ 09” West along Allen Street; thence South 00 05’ 51” West along said East line of Allen Street, 329.87 feet to the South line of McCartney Street; thence South 89 58’ 27” East along said South line of McCartney Street, 12.91 feet; thence South 00 06’ 09” West 6.11 feet; thence North 89 56’ 09” East 308.71 feet to the Point of Beginning. and which has Tax Key Numbers 018-2110-4065 and 18-2110-4067, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of (5) five years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Derek Dieter Member Common Council Mr. Gerald Lerman, Vice-President, Steel Warehouse, 2722 W. Tucker Drive, South Bend, Indiana, made the presentation for this bill. Mr. Lerman advised that Steel Warehouse is a steel service center focusing on flat rolled, low carbon steel, with operations involving slitting, leveling, pickling, temper rolling, shearing and cold reducing. The company also supplies profiling parts using its plasma and laser cutting operations. He stated that Steel Warehouse plans to acquire and install releveling equipment to condition armor plate steel in preparation for burning parts, wither by the company or third parties. The process will involve the use of the company’s temper mill to level special allow steel, having subcontractors heat treat the steel, and then returning the steel to the company for releveling. He stated that these processes will allow the company or third party processors to produce parts for customers needing armor plate processed to highly demanding tolerances. He stated that it is estimated that the project will create three (3) to twelve (12) new, permanent full-time positions with an annual payroll of $93,600 to $374,400. The project will also maintain four (4) existing permanent full-time positions with a total annual payroll of $124,800. A Public hearing was held on the Resolution at this time. 8 REGULAR MEETING OCTOBER 26, 2009 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3996-09 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 VACANT LAND IMMEDIATELY BEHIND 2630 PRAIRIE AVENUE, PRAIRIE APARTMENTS-PHASE II, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN-YEAR REAL PROPERTY TAX ABATEMENT FOR PRAIRIE APARTMENTS HOUSING PARTNERS II, L.P. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as Vacant Land Immediately Behind 2630 Prairie Avenue (Prairie Apartments - Phase II), South Bend, Indiana, and which is more particularly described as follows: Outlot B Hollingsworth Prairie Avenue, Minor Subdivision, Instr. #0654912 and which has Key Number 018-8153-5514.05 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be 9 REGULAR MEETING OCTOBER 26, 2009 expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (10) ten years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek Dieter Member of the Common Council Councilmember Timothy Rouse, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. William J. Hollingsworth, Equal Development, LLC, 12557 Branford Street, Carmel, Indiana, made the presentation for this bill. Mr. Hollingsworth advised that they intend to construct a 96 unit, multi-family housing project which will contain two-story frame buildings featuring one, two, three, and four bedroom units. Each unit will provide residents with a full-size washer and dryer, exterior storage, patios or balconies, walk-in closets, built-in dishwasher, window blinds, 10 REGULAR MEETING OCTOBER 26, 2009 wall-to-wall carpeting, central air, garbage disposal, cable hook-ups, and high-speed internet access. Each unit will also have a first-floor exterior entrance; garages will be available to residents for an additional fee. Phase I of the development already features a large clubhouse with managers’ offices, community room, community TV with cable, fitness room, computer room, and a kitchen area. Equal Development, LLC currently owns the property and intends to convey it to Prairie Apartments Housing Partners II, LP. The estimated cost of Phase II construction is $8,000,000. A Public hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Puzzello seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3997-09 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 1015 NORTH FRANCES STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR PETER AND NANCY KILPATRICK 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 1015 North Frances Street, 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, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot # B of the Plat of “Frances Street Minor Subdivision” recorded as Document No. 0835847 in the Records of the St. Joseph County, Indiana Recorder’s Office. Containing 0.185 acres more or less. Subject to all legal highways, easements & restrictions of record. , and this property has Tax Key Number 18-5105-3672.01be 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: 11 REGULAR MEETING OCTOBER 26, 2009 SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby 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. 12 REGULAR MEETING OCTOBER 26, 2009 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 and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Dale DeVon, 17871 S. R. 23, South Bend, Indiana, made the presentation for this bill on behalf of the homeowners Peter and Nancy Kilpatrick. Mr. DeVon advised that the Kilpatrick’s intend to construct an approximate 3,500 square foot, single-family home. The home will be two stories high. It will have eight rooms and a finished basement. The project is part of the Notre Dame Avenue Housing Program. The cost of the home will be approximately $615,000. Total taxes to be abated during the five (5) year abatement period are estimated at $2,216. Total taxes to be paid during the five (5) year abatement period are estimated at $33,746. 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 Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3998-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION , WHEREAS the South Bend Redevelopment Commission (the “Commission”), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana 13 REGULAR MEETING OCTOBER 26, 2009 Code 36-7-14 (the “Act”), on August 21, 2009, approved and adopted its Resolution No. 2598 (the “Declaratory Resolution”), Exhibit A, amending the Northeast Neighborhood Development Area Development Plan (the “Plan”) for the Northeast Neighborhood Development Area (the “Area”) and adopting the Northeast Neighborhood Design Guidelines as an amendment to the Northeast Neighborhood Development Area Development Plan (the “Plan Amendment”); and , WHEREAS the Plan Amendment calls for the adoption of the Northeast Neighborhood Design Guidelines as an amendment to the Plan; and , WHEREAS the St. Joseph County Area Plan Commission (the “Plan Commission”), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the “City”), on September 15, 2009, adopted and approved its Resolution No. 203-09, a copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the “Plan Commission Order”); and , WHEREAS Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and , WHEREAS the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Plan Commission Order, which determined that the Declaratory Resolution conforms to the plan of development for the City, which Order is attached hereto, is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 26th day of October, 2009. s/Derek D. Dieter Member of the Common Council Councilmember Varner made a motion to hear the substitute version of this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Varner made a motion to amend this substitute bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Council Attorney Kathleen Cekanski-Farrand read into the record that on page two of the th Resolution the date should read this 26 day of October 2009. th Mr. Jeff Vitton, Planner, Community & Economic Development Department, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Vitton advised that the Northeast Neighborhood Revitalization Organization (NNRO) has been working in partnership with residents of this area to update Design Guidelines for the Northeast Neighborhood Development Area (NNDA). He stated that 14 REGULAR MEETING OCTOBER 26, 2009 the original guidelines were created in 2004, but were not incorporated into the NNDA Plan. He stated that shortly after the guidelines are incorporated in the NNDA Plan, the Area Plan Commission acting in partnership with the City and NNRO will initiate a process to create the “Special area zoning classification” for the Northeast Neighborhood Development Area that implements many components of the guidelines. Councilmember Rouse asked Mr. Vitton how these guidelines match up with City Plan. Mr. Vitton stated that City Plan calls for a design review process and call for a more pedestrian friendly walkable areas. Councilmember Rouse stated that his main concern is making South Bend Avenue a super highway right down the middle of this neighborhood. Mr. Vitton stated that INDOT is moving along with their project along South Bend Avenue. He used the intersection of Eddy Street and S.R. 23 as an example of a more pedestrian friendly area. Councilmember Henry Davis asked Mr. Vitton how many hours he spends a week with various neighborhood organizations. Mr. Vitton advised that on this particular project there were many organizations involved in development of these guidelines. He stated that he was unsure in giving an estimate at this time. He stated in his opinion it was no more than five (5) hours a week. Councilmember Oliver Davis asked Mr. Vitton how the five (5) hours a week goes for other neighborhood areas. Mr. Vitton advised that it depends on the project. A Public Hearing was held on the Resolution at this time. Ms. Mo Miller, 50841 Summit Hill Court, Granger, Indiana asked when the new guidelines would be available on the City’s website. Mr. Vitton replied in one (1) month. Ms. Miller asked when the guideline would be enforced. Mr. Vitton stated that there would be no enforcement, they are just recommendations. The guidelines speak to single family residential, multi-family, commercial and, mixed use. Ms. Miller asked what the future time line is to implement the final product. Mr. Vitton stated that they are still drafting the next phase as far as implementing an overlay zone. He stated that he does not anticipate it to impact single-family homeowners. He stated that it will really go towards mixed-use properties and hope to see development on the five point intersection and also commercial and multifamily properties. Essentially what the guidelines do and hopefully what the overlay does is make good design easy. Right now what is encouraged there is essentially you need to get a variance if you want a building. This makes the process a little easier to do that under. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember Rouse made a motion to adopt this substitute Resolution as amended. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 15 REGULAR MEETING OCTOBER 26, 2009 BILLS – FIRST READING BILL NO. 83-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9907-09 TO CHANGE THE MUNICIPAL CODE SECTION FROM 2-170.13 TO 2-170.14 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on November 9, 2009. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 84-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $76,000.00 FROM GENERAL FUND #101 TO PURCHASE AND SPECIALLY EQUIP THREE POLICE VEHICLES This bill had first reading. Councilmember White made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on November 9, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 85-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, APPROPRIATING $2,463,435 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2010, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Community and Economic Development Committee and the Residential Neighborhood Committee and set it for Public Hearing and Third Reading on November 9, 2009. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 86-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $200,000 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 16 REGULAR MEETING OCTOBER 26, 2009 This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Community and Economic Development Committee and the Residential Neighborhood Committee and set it for Public Hearing and Third Reading on November 9, 2009. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION BILL NO. 57-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 616 N. ST. PETER ST., COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on November 9, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 68-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA, 46628, COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on November 9, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 69-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 109 GARST STREET, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on November 9, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 74-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4526 SOUTH FELLOWS STREET, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT 5 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on November 9, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. 17 REGULAR MEETING OCTOBER 26, 2009 REPORTS FROM AREA BOARD OF ZONING APPEALS BILL NO. 09-71 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 4050 RALPH JONES DRIVE, SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on November 23, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 09-72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1101 EAST JEFFERSON BOULEVARD ALSO KNOWN AS 1113 ½ JEFFERSON BOULEVARD, SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning & Annexation Committee and set it for Public Hearing and Third Reading on November 9, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS Councilmember Henry Davis advised that this afternoon he received a list of members for the Hall of Fame Reuse Committee. He stated that he was very disappointed to see the lack of diversity on the list. He also stated that he took it as a slap in the face that he was not asked to be on the committee since the Hall of Fame is in his Council District. Councilmember Oliver Davis welcomed Ms. Barb Kampa, Andrews University Student, st who is attending her 1 South Bend Common Council Meeting to earn credit for school. PRIVILEGE OF THE FLOOR Ruby Rampoldt, 222 E. Oakside, South Bend, Indiana, expressed great displeasure on how she was treated by the Department of Code Enforcement and the Mayor’s Office. She stated that the house next door at 224 E. Oakside has debris and tree trimmings piled in the back yard. She stated that she had made several phone calls to the Department of Code Enforcement and Mayor’s Office with no results. She stated that when she called Code all she was told was that they would notify “Inspector Jim.” Ms. Rampoldt stated that when she call back to check on the status the Department of Code Enforcement stated that they did not recall Ms. Rampoldt calling or reporting the home at 224 E. Oakside. Ms. Rampoldt stated that is when she called the Office of the Mayor. She stated that it was there that she experienced the dismissive, arrogant, misogynistic attitude of the Mayor’s Assistant. She stated that when she asked to schedule an appointment with the Mayor, she was told that you just don’t get an appointment with the Mayor. She stated that she was now thoroughly disgusted and called the Office of the City Council. She stated that she learned that she could speak for up to three (3) minutes under Privilege of the Floor on any topic that was not on the Council’s Agenda for that evening’s meeting. She also was told to call her District Council Representative, David Varner along with the three At-Large Members, Al “Buddy” Kirsits; Timothy Rouse and Karen White to explain what she was experiencing. She indicated that she did hear back 18 REGULAR MEETING OCTOBER 26, 2009 from Council Member Rouse. Ms. Rampoldt asked the Council for some direction on how to get this property clean-up up. ADJOURNMENT There being no further business to come before the President Derek D. Dieter adjourned the meeting at 8:04 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 19