Loading...
HomeMy WebLinkAbout11-08-10 Common Council Meeting Minutes REGULAR MEETING NOVEMBER 8, 2010 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, November 8, 2010 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 Kathleen Cekanski-Farrand Council Attorney Janice I. Talboom Deputy City Clerk 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 25, 2010 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 25, 2010 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 ANNOUNCEMENT OF ONLY ONE (1) COUNCIL MEETING IN DECEMBER 2010 Council President Derek Dieter announced that there will only be one (1) Council Meeting in December, (December 13, 2010) at 7:00 p.m. BILL NO. 10-59 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP, STATE ROAD 23 AND MAPLE LANE ANNEXATION AREA 1 REGULAR MEETING NOVEMBER 8, 2010 Councilmember Oliver Davis made a motion to continue this bill until the November 22, 2010, Meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight ayes. Council Attorney Kathleen Cekanski-Farrand advised that this bill should be continued indefinitely due to the annexation and costs associated. Therefore, Councilmember Oliver Davis withdrew his motion. Councilmember Varner withdrew his second. Additionally, Councilmember Oliver Davis made a motion to continue this bill indefinitely. Councilmember Varner seconded the motion which carried by a voice vote of eight ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember Varner 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. 46-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, E. LEROY & PATRICIA YODER, 17904 STATE ROAD 23, SOUTH BEND, INDIANA 46635 Councilmember White made a motion to accept the substitute version of this bill and to continue this substitute bill indefinitely. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 60-10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3609 WESTERN AVENUE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis, Vice-Chairperson, Zoning & Annexation Committee, reported that this committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. th Christa Nayder, Staff Member, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from LB Local Business District to CB Community Business District to allow a mechanic shop. On site is a vacant building. To the north are single family homes zoned SF2 Single Family and Two Family District. To the east is a convenience store zoned LB Local Business District. To the south is a hardware store and greenhouse zoned MU Mixed Use District. To the southwest is a laundry zoned LB Local Business District. To the west is a towing company zoned GB General Business District. Ms. Nayder stated that the petitioner 2 REGULAR MEETING NOVEMBER 8, 2010 submitted a less than sufficient site plan and none of the requested changes have been made. The 16,320 square foot site is essentially developed with an existing 1,232 square foot building with two service bays. Access is from Western Avenue on the east of the lot. Parking and landscaping need to be addressed. The staff would not support variances for either. Prior to 2004, this property was zoned C Commercial – d “height and area.” Existing cement pads indicate this site was once used for gasoline sales. She noted that the Department of Community and Economic Development recognizes the history of this site as an automotive use and agrees this rezoning would be acceptable if the impacts of the zoning change on neighboring property were mitigated by meeting the CB development standards, especially for minimum yards and landscaping. The City of South Bend Comprehensive Plan, City Plan encourages reuse of abandoned and underutilized land and structures. Rezoning this parcel would meet thee objectives. The future land use map identifies this area as commercial office and retail. Western Avenue Commercial Corridor Revitalization Action Plan objective is to attractive developers, merchants, and small business owners interested in locating in neighborhood commercial nodes and to recruit new businesses to existing space. Rezoning this parcel would meet these objectives. Western Avenue is a commercial strip known for its many car-related uses, convenience stores and restaurants. Recently sidewalks were added to aid the flow of walking traffic. The most desirable use is to allow the re-use of the older commercial space. She noted that it is the staff’s opinion that, with proper landscaping, the surrounding property values should not be adversely affected. The proposed redevelopment of a vacant structure is a positive example of adaptive reuse. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. The proposed use is an appropriate adaptive reuse of the property. This use meets the objectives of City Plan and the Western Avenue Commercial Corridor Revitalization Action Plan. By meeting the required development standards relative to parking and landscaping, adjacent properties will be buffered and the Western Avenue commercial corridor strengthened. Mr. John Trotter, 1524 Liston Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Trotter advised that he is seeking a special exception on this property to allow for a mechanic shop. 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 LaFountain 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. 67-10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST/WEST ALLEY BETWEEN LASALLE STREET AND COLFAX AVENUE LYING WEST OF SYCAMORE STREET, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Dieter made a motion to accept the substitute version of this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Dieter made a motion to continue this substitute bill until the November 22, 2010 meeting of the Council at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. 3 REGULAR MEETING NOVEMBER 8, 2010 BILL NO. 66-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY’S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, 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 meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. th Gary Gilot, Director, Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana and Mr. Philip J. Faccenda, Jr., Attorney, Barnes & st Thornburg, LLP, 600 1 Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation for this bill. Mr. Faccenda advised that this bill contemplates certain capital improvement projects that are throughout the City. This bill is in conjunction with the Combined Sewage Overflows (CSO) issues that face the city and that this Council addressed in July. This project and bond ordinance is a continuation of that rate ordinance and these projects that are set forth and to be undertaken by the City. The bonds ordinance authorizes the issuance of sewage bonds in the aggregate principal amount not to exceed $9,345,000.00. The bond ordinance contains the standard typical provisions with regard to the sale of bonds and maximum interest rates etc. It also contains a final maturity of the bonds no later than December 31, 2030. Mr. Gilot advised that the project consists of the acquisition, construction and installation of certain additions, extensions and improvements to the Sewage Works, including: 1. th Pleasant Street Phase 2 – Sewer separation improvements along Pleasant Street from 29 th Street to 36 Street. 2. East Bank Sewer Separation Phase I – Sewage separation improvements for Combined Sewage Overflow (“CSO”) separation along the East Race waterway within the City. 3. Sewage Lift Station Rehabilitation – Repair and rehabilitation of sewage lift stations. 4. Diamond Avenue Phase I – Sewer separation improvements along Angela Boulevard/Riverside Drive to Woodward Avenue within the City. 5. Preparation of CSO Long-Term Control Plan Designs and making any and all additional improvements related to the foregoing. 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 White seconded the motion which carried by a voice vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis, Jr.) BILL NO. 25-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS 4 REGULAR MEETING NOVEMBER 8, 2010 BILL NO. 61-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REPEALING CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS AND ESTABLISHING NEW TAX ABATEMENT PROVISIONS AND PROCEDURES Councilmember Dieter made a motion to continue Bill Nos. 25-10 and 61-10 indefinitely at the request of the petitioners. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Rouse advised that the Community and Economic Development Committee will give an update on the continued discussion of these two bills. RISE AND REPORT Councilmember Oliver Davis 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 7:23 p.m. President Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10050-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #4, STADIUM PLACE DEVELOPERS, LLC, JEAN C. JOHNSON TRUSTEE FOR THE JEAN C. JOHNSON REVOCABLE TRUST, ROBERT A. HOWLAND, JR. AND GLENN & KAYE BLOSSOM (PETITIONERS), 54700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA 5 REGULAR MEETING NOVEMBER 8, 2010 This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10051-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3609 WESTERN AVENUE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Rouse made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by roll call vote of eight (8) ayes. ORDINANCE NO. 10052-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY’S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS 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 seven (7) ayes and one (1) nay (Councilmember Henry Davis, Jr.) RESOLUTIONS BILL NO. 10-57 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 THE SOUTHEAST CORNER OF MAPLE LANE AVENUE & STATE ROAD 23 Councilmember Rouse made a motion to continue this bill indefinitely at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 4068-10 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1016 NOTRE DAME AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR J. NICHOLAS & DIANE ENTRIKIN 6 REGULAR MEETING NOVEMBER 8, 2010 WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1016 Notre Dane Avenue, South Bend, Indiana, and which is more particularly described as follows: Lot “A” Frances Street Minor Subdivision a part of the Northeast Quarter of Section 1, Township 37 North, Range 2 East (Being Lot 92 of Plat of Sorins Second Addition to Lowell, Now the City of South Bend) Portage Township, St. Joseph County, Indiana. , and this property has Tax Key Number 18-5105-3672be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or 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: 7 REGULAR MEETING NOVEMBER 8, 2010 A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Mr. Adam DeVon, DeVon Custom Homes, Inc. 17871 St. Rd. 23, South Bend, Indiana, made the presentation for this bill on behalf of J. Nicholas and Diane Entrikin. Mr. DeVon advised that Mr. & Mrs. Entrikin plan to construct a 2,300 square foot, single-family home as their primary residence. The home will have three bedrooms, two and one-half bathrooms, a great room, a dining room, first floor laundry, two car garage and large front porch. The lower level will have a recreation room, bedroom and bathroom. The cost of the home is estimated at approximately $400,000. Total taxes to be abated during the five (5) year abatement period are estimated at $1,893. Total taxes to be paid during the five (5) year abatement period are estimated at $20,544. The project is part of the Notre Dame Housing Program and as such will follow the design specifications and standards required by that program. 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 Rouse 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 seven (7) ayes and one (1) nay (Councilmember Henry Davis, Jr.) 8 REGULAR MEETING NOVEMBER 8, 2010 BILL NO. 10-63 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONFIRMING AND APPROVING THE ISSUANCE OF RECOVERY ZONE FACILITY BONDS UP TO THE AMOUNT OF $31,750,000 TO DILLINGHAM HILL RE, LLC FOR THE CHASE TOWER PROJECT Councilmember Oliver Davis made a motion to continue this bill until the November 22, 2010 meeting of the Council at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILLS – FIRST READING BILL NO. 68-10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 7233 U.S. 31 SOUTH, SOUTH BEND, INDIANA COUNCILMANIC DISTRICT 5, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 69-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,900 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET STOCK This bill had first reading. Councilmember Varner made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on November 22, 2010. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 70-10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 101 NORTH KENMORE STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. 9 REGULAR MEETING NOVEMBER 8, 2010 BILL NO. 71-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A COVELESKI STADIUM RECOVERY ZONE ECONOMIC DEVELOPMENT BOND DEBT SERVICE RESERVE FUND (#317) This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on November 22, 2010. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 72-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A COVELESKI STADIUM RECOVERY ZONE ECONOMIC DEVELOPMENT BOND CONSTRUCTION FUND (#438) This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on November 22, 2010. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 73-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,686,000 FROM COUNTY OPTION INCOME TAX (COIT) FUND #404 AND $520,000 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FOR CAPITAL IMPROVEMENTS TO THE STANLEY COVELESKI REGIONAL BASEBALL STADIUM IN 2011 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the PARCS Committee and the Personnel and Finance Committee and set it for Public Hearing and Third Reading on November 22, 2010. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 74-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING OF THE ISSUANCE OF REDEVELOPMENT DISTRICT REVENUE BONDS EXPECTED TO BE ISSUED FOR AND ON BEHALF OF THE CITY OF SOUTH BEND, INDIANA, REDEVELOPMENT DISTRICT AND PLEDGING CERTAIN REVENUES FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH BONDS (STANLEY COVELESKI STADIUM) This bill had first reading. Councilmember Varner made a motion to refer this bill to the PARCS Committee and the Personnel and Finance Committee and set it for Public Hearing and Third Reading on November 22, 2010. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. 10 REGULAR MEETING NOVEMBER 8, 2010 NEW BUSINESS Councilmember Oliver Davis announced that the new TRANSPO facility located in Ignition Park was open for business today. Councilmember Henry Davis Jr. advised that he is currently looking into the removal of the graffiti that was recently found on the St. Joseph County Courthouse and the Lafayette Building. PRIVILEGE OF THE FLOOR COMMENTS REGARDING BILL NO. 30-10 ADDRESSING EMPLOYMENT FAIRNESS Rhonda Redman, 518 N. Scott Street, Apt. A., South Bend, Indiana, stated that even though Bill No. 30-10 did not pass, she would like to thank the Bill’s sponsors Councilmember’s, Puzzello, Kirsits and Oliver Davis. She stated that their foresight, sense of justice, and basic human decency should stand as examples for all. Ms. Redman th stated that after the vote on October 25, South Bend Equality led a rally to the South Bend Human Rights Commission. This rally consisted of over 100 citizens and Mayor Stephen J. Luecke. She stated that despite being hurt and disappointed by the vote, they were able to sing, smile and laugh because they know that the fight is not over. Ms. Redman stated that there are still leaders of this community who will and have taken the risk to do the right thing. Ms. Redman passed out thank you posters to Councilmember’s Puzzello, Kirsits and Oliver Davis. Don Willman, 841 S. Lake Street, South Bend, Indiana, thanked Councilmember Oliver Davis for his courage to stand-up for what he believes and is willing to fight for it. He thanked Councilmember Oliver Davis for his common sense approach and for telling it like it is. Mr. Willman stated that the city needs more Councilmember’s to do the right thing, even when the right thing is difficult. He thanked Oliver for trying to put the stth community into the 21 Century instead of pulling it back to the 18 Century. Mary Porter, 501 Woodridge Drive, South Bend, Indiana, thanked the South Bend Human Rights Commission for their help with Bill No. 30-10. She stated that she greatly appreciated the courage of the South Bend Human Rights Commissioner’s and their President, Penny Hughes who has been an advocate against employment discrimination for many years. She thanked South Bend Human Rights Commission Director, Lonnie Douglas for all his support against discrimination. She also thanked Aladean DeRose, South Bend Human Rights Commission Attorney, who has over 20 years experience in mediation. She thanked her for her knowledge and ability to explain complex legal issues and who is known for her excellent research skills. She thanked her for all her research and who argues eloquently based on the history of the Human Rights Commission that an individual should be judge on the ability to perform a job an not on other irrelevant factors such as race, religion, sex or sexual orientation. She also thanked and presented a thank you card to Glenda Rae Hernandez, Secretary, South Bend Human Rights Commission who has served for twenty-six (26) years on the Commission. Glenda Rae Hernandez, 702 E. South Street, South Bend, Indiana, stated that she accepts the card on behalf of the South Bend Human Rights Commission and wished that the outcome of Bill No. 30-10 had been different. Catherine Pittman, 2628 Summit Ridge Drive, South Bend, Indiana, stated that she is speaking on behalf of South Bend Quality. She recited a quoted from Professor Curoso from the Notre Dame Law School because it expresses a belief that they truly embrace: “law isn’t merely an exercise of power it has a larger purpose that purpose is to serve the good and dignity of human persons.” Ms. Pittman then began to thank those individuals and businesses who have been in support of South Bend Equality since 2004, when Bill No. 29-06 was defeated. Ms. Pittman stated they at South Bend Equality are as committee to this cause will continue to fight for equal rights for all GLBT persons in South Bend until their goal is achieved and the dignity of all residents is affirmed. 11 REGULAR MEETING NOVEMBER 8, 2010 ADJOURNMENT There being no further business to come before the Council, President Derek Dieter adjourned the meeting at 8:02 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 12