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HomeMy WebLinkAbout05/14/07 Council Meeting MinutesREGULAR MEETING MAY 14, 2007 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, May 14, 2007 at 7:00 p.m. The meeting was called to order by Council President Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter Charlotte Pfeifer Roland Kelly Ann Puzzello Ervin Kuspa David Varner Timothy Rouse Karen L. White Al "Buddy" Kirsits 1st District 2nd District 3rd District 4th District Vice-President 6th District 5th District At-Large President At-Large Chairperson Committee of the Whole At-Large Absent: Roland Kelly OTHERS PRESENT: 3rd District John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice L Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMIyIITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the Apri123, 2007 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember Kuspa made a motion that the minutes of the Apri123, 2007 meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING SPECIAL BUSINESS RESOLUTION NO. 3742-07 MAY 14, 2007 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING ALL POLICE KILLED IN THE LINE OF DUTY AND DECLARING THE WEEK OF MAY 14, 2007, AS LAW ENFORCEMENT & MEMORIAL WEEK IN SOUTH BEND, INDIANA Whereas, the Common Council of the City of South Bend, Indiana, notes that 145 law enforcement officers died in the line of duty in 2006, with one of those police officers being our own Corporal Scott Lee Severns, PIN # 2018, an eight-year police veteran; and Whereas, tragically, the very soul of our community has again been shaken by the shocking loss of another Fallen Hero, Corporal Nick S. Polizzotto, PIN # 2024, a nine-year veteran of the South Bend Police Department who made the ultimate sacrifice in the line of duty on April 24, 2007, while protecting and serving the residents of the City of South Bend; and Whereas, the Common Council notes that the National Law Enforcement Officers Memorial in Washington, D.C., honors nearly 18,000 of America's federal, state and local law enforcement officers who have been killed in the line of duty, with this annual week of memorial services beginning in 1962 when President John F. Kennedy designating each May 15~` as Peace Officers' Memorial Day requiring all American flags lowered to half-staff and week-long activities to honor these Fallen Heroes; and Whereas, the South Bend Common Council further recognizes that on Friday, May 18, 2007 at 1:30 p.m. the Fraternal Order of Police, Lodge # 36 will be conducting at our Police Department Headquarters, the City of South Bend's annual tribute and memorial service to honor all of the South Bend Police Department Officers who have given their lives in the line of duty, namely: Hans Brandt Paul R. Deguch Lewis Keller Delbert Thompson Fred E. Buland Charles E. Farkas, Sr. Neil McIntyre Lloyd Thompson Oscar Christenson Thomas J. DeRue, Sr. Nick S. Polizzotto Howard Wagner Samuel Cooper Ronald St. Germain, Sr Scott Lee Severns with each of these officers having served our city with pride, honor and the utmost of professionalism who will always be remembered in annual Candlelight Vigils, Police Unity Tours, Blue Masses, and in the many activities at the National Peace Officers Memorial and the National Law Enforcement Museum which is a tribute to the essential role which law enforcement plays in a free a society. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section L On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commemorates, celebrates, remembers and gratefully honors each of the fifteen (15) members of the South Bend Police Department who made the ultimate sacrifice while serving and protecting the residents of the City of South Bend, Indiana, and salutes and embraces each of their families and friends. Section IL The South Bend Common Council honors each of our fifteen fallen police heroes who each have had the 10-42 called out; all of the fallen law enforcement officers across the country, and all of their families, friends and colleagues who have been left behind; not because of the way each of them died, but rather because of the way each of these dedicated police officers lived and faithfully & selflessly performed their police duties on a 24/7 basis. REGULAR MEETING MAY 14, 2007 Section III. The Common Council hereby declares the week of May 14, 2007, as Law Enforcement Memorial Week in South Bend, Indiana. The Common Council urges all citizens to attend the upcoming Memorial Service on Friday, May 18, 2007, and to always remember those who have given their lives while serving as part of the "thin blue line" standing between the lawful and the lawless. The Council honors all of our dedicated police officers for their individual commitment to their police careers and for their daily commitment to making our community safe. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, lgt District s/Charlotte D. Pfeifer, 2nd District s/Roland Kelly, 3~d District s/Ann Puzzello, 4~` District s/Dr. David Varner, Sd` District s/Ervin Kuspa, 6d` District s/Timothy A. Rouse, At Large s/Al "Buddy" Kirsits, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand, Council Attorney Attest: Adopted this day of May, 2007 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councihnember's Karen L. White, 1912 Malvern Way, South Bend, Indiana and AI "Buddy" Kirsits, 722 Marquette Avenue, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Gary Horvath, Division Chief, South Bend Police Department. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Gary Horvath, Division Chief, South Bend Police Department, thanked the Council for this Resolution. Chief Horvath advised that Chief Fautz was in Washington D.C. for the National Law Enforcement Memorial Ceremony. Chief Horvath further noted that this Resolution honors all of the dedicated police officers and their commitment to making the community a safer place. Sgt. Walsh, F.O. P. #36 thanked the Council for this honor. He stated that Cpl. Scott Severns was the 381st name added to the Memorial. Darryl Boykins, Uniform Division Chief, South Bend Police Department, thanked the Council for this Resolution. He stated that he prays that the City won't have to go through losing another officer. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Dieter seconded the motion which carried. RESOLUTION NO. 3743-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING THOMAS MICHAEL ZBIKOWSKI AND THE TOMMY Z9 FOUNDATION FOR THEIR OVERWHELMING GENEROSITY AND COUNTLESS ACTS OF KINDNESS REGULAR MEETING MAY 14, 2007 Whereas, the Common Council of the City of South Bend, Indiana, is proud to publicly recognize that the Tommy Z9 Foundation, established by Thomas Michael Zbikowski to financially assist several charitable foundations, has made donations to the Cystic Fibrosis Foundation, Make a Wish Foundation, PanCAN, Hospice of Health First, Pediatric Brain Tumor Foundation, the South Bend Center for the Homeless, and Hannah and Friends; and Whereas, the Council notes that each of these organizations has been individually selected by this All-American defensive back, punt returner and strong safety who wears #9 on the University of Notre Dame Football Team, who is a champion golden glove boxer, who is dedicating his life to help and instill hope for others, like his chosen foundations which include: Cystic Fibrosis Foundation: organized to "assure the development of the means to cure and control cystic fibrosis and to improve the quality of life for those with the disease". Hannah & Friends Foundation: organized to "improve the quality of life for children and adults with special needs". Hospice of Health First. founded to serve outpatient centers, trauma centers, home care in Brevard County for those suffering from cancer, diabetes, heart problems, and strokes. Make-A-Wish Foundation: founded to "enrich the lives of children with life- threatening medical conditions". Pancreatic Cancer Action Network (PanCAN): dedicated to focusing national attention on the need to fmd a cure for the 4thh leading cause of cancer deaths in America. Pediatric Brain Tumor Foundation: dedicated to supporting the search for the cause and cure of childhood brain tumors. The Center for the Homeless in South Bend: dedicated to "break the cycle of homelessness". Whereas, the South Bend Common Council would especially like to recognize Tom "Zibby" Zbikowski, a young man of Polish and German heritage, who grew up in Arlington Heights, Illinois; graduated from Buffalo Grove High School; who is a 5th year Senior at the University of Notre Dame, who will be providing more breathless highlights on the field during the 2007-2008 football season as a veteran All-American standout; who has sung "Take Me Out to the Ballgame" during the Chicago Cubs 7th inning stretch; who the City Council is honored to salute and applaud for his heartfelt generosity in donating over $50,000 to the charities who, like him, are sincerely dedicated to making a positive difference today and tomorrow. Now, Therefore, be it resolved, by the Common Council of South Bend, Indiana, as follows: Section L On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby congratulates and honors Tom "Zibby" Zbikowski and the Tommy Z9 Foundation for inspiring others by their overwhelming generosity for giving back, and for spear-heading financial campaigns, so that countless numbers of individuals afflicted with life-threatening disease may have hope and a chance for a cure. Section IL The South Bend Common Council sincerely believes that Tom "Zibby" Zbikowski's hard-work, self-discipline, dedication, and selfless generosity to others has made him one of the most heart-warming young role models who is daily REGULAR MEETING MAY 14, 2007 "Fighting Like a Champion" and providing opportunities, hope and inspiration to so many. Section III. The Common Council wishes Tom "Zibby" Zbikowski and the Tommy Z9 Foundation continued success in bringing awareness to many fine organizations dedicated to helping others threatened with disease; for his sincere dedication; for his keen sensitivity and assistance in finding cures to life-threatening diseases; and for the Zbikowski Family-Zibby's Mom, Dad, sister and brother who are instilling the "right stuff' in this fine young man, who is truly making a difference right here in South Bend and throughout America. Go Irish!!! Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, lgt District s/Charlotte D. Pfeifer, 2nd District s/Roland Kelly, 3~d District s/Ann Puzzello, 4a` District s/Dr. David Varner, Sd` District s/Ervin Kuspa, 6d` District s/Timothy A. Rouse, At Large s/Al "Buddy" Kirsits, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand, Council Attorney Attest: Adopted this day of May, 2007 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Derek D. Dieter, 4903 Starboard Drive, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Tom Zbikowski. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Mr. Zbikowski thanked the Council for this honor. He also thanked his family for their constant support and this event would not have been possible without them. Councilmember Kuspa made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. RESOLUTION NO. 3744-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING KATHLEEN C. MILLER OF THE WARREN PRIMARY CENTER FOR BEING SELECTED AS THE 2007 TEACHER OF THE YEAR BY THE SOUTH BEND COMM[.JNITY SCHOOL CORPORATION WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that there are over 60,000 persons teaching in the 294 public school corporations and state-accredited non-public schools throughout the State of Indiana, and WHEREAS, the Common Council acknowledges that recently the South Bend Community School Corporation honored several local teachers who serve in our primary centers, intermediate centers and high schools for their special teaching skills and dedication to education excellence; and REGULAR MEETING MAY 14, 2007 WHEREAS, the South Bend Common Council is especially proud to honor Kathleen C. Miller, for being selected as the 2007 Teacher of the Year by the South Bend, Community School Corporation, marking the 28d` year of this special recognition and making Kathleen C. Miller eligible to become Indiana's Teacher of the Year; and WHEREAS, Kathleen C. Miller is a 2nd grade teacher at Warren Primary Center, and is in her 35a` year of teaching in the South Bend Community School Corporation, having taught the first 31 years at the former Jefferson School and the past four years at Warren; and WHEREAS, Kathleen C. Miller represents the very best of the education profession as exemplified by her caring and sensitive attitude, her sincere dedication, her exceptional teaching talents, and her enthusiastic teaching methods to inspire young minds, which are exemplified by her very own words: "I have always wanted my students to leave my classroom with academic success, deep feelings of self-respect, regard for other people, and tolerance of others' customs and beliefs. Students need to have respect for authority and understanding of right and wrong. I encourage a sense of responsibility for a commitment to our community and our country. I want my students to appreciate our American way of life... Teaching is my heart and soul It is not what I do, but who I am. I strive to have the energy, enthusiasm, and intelligence to make a difference in the lives of my children. My passion is to inspire and guide children to reach their goals, dreams and full potential... My children believe they each have potential and know I am there to positively tap their potential... " NOW, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section L On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates Kathleen C. Miller, a 2na grade teacher at Warren Primary Center for being named the 2007 Teacher of the Year by the South Bend Community School Corporation, which is the highest of all teaching honors in our community. Section IL The Council wishes Kathleen C. Miller many more years of continued success as an outstanding teacher in the South Bend Community School Corporation, and hope that she will receive even more acknowledgements from future Presidents of the United States for directing her spirited Thanksgiving Programs for the past 20 years, having been so honored by President and Mrs. Bush. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, lgt District s/Charlotte D. Pfeifer, 2nd District s/Roland Kelly, 3~d District s/Ann Puzzello, 4a` District s/Dr. David Varner, Sd` District s/Ervin Kuspa, 6d` District s/Timothy A. Rouse, At Large s/Al "Buddy" Kirsits, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand, Council Attorney Attest: Adopted this day of May, 2007 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Ann Puzzello, 1247 E. LaSalle, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Ms. Miller. A Public Hearing was held on the Resolution at this time. REGULAR MEETING MAY 14, 2007 There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Ms. Kathleen Miller thanked the Council for this honor. She stated that it is her passion to inspire, guide and touch children's lives so they can obtain their goals, dreams and full potential. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. A. PRIZE WINNERS OF THE THIRD ANNUAL SOUTH BEND CZESTOCHOWA HALINA POETRY PRIZE CONTEST Councilmember Charlotte Pfeifer, introduced Dr. Dave Stefancic, Chair of the Halina Poetry Prize Committee to announce the winners of the third annual Halina Poetry Prize contest. Dr. Dave Stefancic advised that the Halina Poetry Prize, is a poetry contest for high school students, and was designed to showcase area students' literary talent and to honor South Bend's Sister City, Czestochowa, Poland. This year's winner are: Halina Prize .........................David Tidmarsh, Grade 11, Adams High School Honorable Mentions ...............Katharine Yugo, Grade 11, Adams High School Mark Fay, Grade 10, Clay High School Dr. Stefancic congratulated teachers Ann Raymer, Adams High School and Celeste Hilliard, Clay High School. Dr. Stefancic stated that this year there were over 150 entries received from students representing six South Bend High Schools including Adams, Clay, Riley, Washington, Naftali Riff Yeshiva, and Trinity School at Greenlawn. Dr. Stefancic stated that the committee was very pleased with the response from the local students and well as the dept and breadth of the topics they selected. Committee members anonymously judged the entries and selected the Halina Poetry Prize winner and two Honorable Mentions. The Halina Poetry Prize winner received $200 and Honorable Mention Awards winners received $50 each. The poems will be published in the 2007 Halina Poetry Prize Chapbook, as well as a retrospective of previous year's winners. New this year was the participation of students from St. Mary's College. Dr. Stefancic acknowledged the assistance of Max Westler, St. Mary's College and his poetry students who reviewed all of the poems submitted and shared their expertise in poetic analysis. Dr. Stefancic advised that the Halina Poetry Prize was named in honor of Halina Poswiatowska who was born in Czestohowa on May 9, 1935. She wrote poetry from a very young age and published three volumes before he untimely death at the age of 32. Her poetry is still highly regarded in Poland. Dr. Stefancic recognized the other members of the Haling Poetry Prize Committee, they are Conrad Damian, Washington High School; Patricia Falvey, Holy Cross College; Phyllis Moore-Whitesell, IUSB English Dept., and Dr. Gabrielle Robinson, IUSB. The fourth annual Haling Poetry Prize contest will be launched at the beginning of 2008. Dr. Stefancic again thanked the area high schools for their participation and in particular the English teachers who encouraged and facilitated student contributions. It is through international relations like these that cities can build important ties that link individuals across thousands of miles, and through better understanding, help us to peacefully embrace our differences. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:40 p.m. Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. REGULAR MEETING MAY 14, 2007 Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 10-07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1914 MIAMI STREET, COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Pfeifer made a motion to continue this bill until the May 29, 2007 meeting of the Council at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 22-07 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF LAUREL STREET FROM THE SOUTH RIGHT OF WAY LINE OF WASHINGTON STREET TO THE FIRST EAST/WEST ALLEY SOUTH OF WASHINGTON STREET FOR A DISTANCE OF 144.54 FEET, MORE OR LESS, AND A WIDTH OF 14 FEET Councilmember's White and Pfeifer disclosed that there are employed by Indiana University, South Bend, and that there is no conflict of interest. Councilmember Varner, Chairperson, Public Works and Property Vacation 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. Ms. Charlotte Sobel, Director of Development & Special Projects, South Bend Heritage Foundation, 803 Lincolnway West, South Bend, Indiana, made the presentation for this bill. Ms. Sobel advised that the purpose of this vacation is to allow for a portion of the construction of the addition to the Engman Natatorium which extends 5 feet into the existing alley width. The construction will allow for handicap access into the Engman natatorium for its parking lotto the west. When complete, the Engman Natatorium will become the Civil Rights Heritage Center of Indiana University South Bend. 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 Pfeifer made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 23-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $830.00 RECEIVED FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM Councilmember Puzzello, Member, 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. REGULAR MEETING MAY 14, 2007 Mr. John Sellers, Community & Economic Development, 12~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Sellers advised that this bill would appropriate Emergency Shelter Grant entitlement funds received by the City of South Bend for 2007. These funds were included in information shared with the Council on September 27, 2006. The City received $830.00 more than was expected. This bill will appropriate the unexpected funds. 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. 25-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $62,000.00 FROM FUND NO. 401 (COVELESKI STADIUM CAPITAL FUND) AND $51,525.00 FROM FUND NO. 655 (LEAF COLLECTION AND REMOVAL FUND) FOR CAPITAL EXPENDITURES Councilmember Charlotte Pfeifer, 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. Mr. Phil St. Clair, Superintendent, South Bend Parks Department, 321 E. Walter, Street, South Bend, Indiana, and Mr. Gary Gilot, Director, Public Works, 13~` Floor County-City Building, South Bend, Indiana made the presentation for this bill. Mr. St. Clair stated that this bill would appropriate $62,500 from Coveleski Stadium Capital Fund No. 401 for needed expenditures relating to the stadium plumbing and air conditioning system, repainting, parking lot upgrade, and gutter cleaning and repair. Mr. Gary Gilot stated that this bill also seeks appropriation of $51,525 from the Leaf Collection and Removal Fund No. 655 to replace the engines and axles of three vehicles and refurbishment of three leaf boxes used in the Releaf Progrm. Councilmember Dieter asked Mr. St. Clair if that amount from the Coveleski Stadium Capital Fund No. 401 includes the outlying areas, such as trimming, mulch, and landscaping or is that included in regular maintenance. Mr. St. Clair stated that he does not have any landscaping upgrades in this request. Mr. St. Clair advised that most of the landscaping upgrades are done through the Park Department's regular operations. Dr. Varner asked for clarification from Mr. St. Clair. Dr. Varner stated that it is money that the baseball stadium puts in, it is really the rent. Mr. St. Clair stated that in prior years it has been part of the lease agreement. 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, Councihnember Dieter made a motion for favorable REGULAR MEETING MAY 14, 2007 recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 24-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9708-06 WHICH ANNEXED TO AND BROUGHT WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, FOR THE SOLE PURPOSE OF CORRECTING A SCRI VENER' S ERROR Councilmember Kirsits, Chairperson, Zoning & Annexation, 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. Nicholas Witwer, Community & Economic Development, 12~` Floor County-City Building, made the presentation for this bill. Mr. Witwer advised that this bill amends Ordinance No. 9708-06 to correct a scrivener's error. The bill inadvertently referred to the property being annexed as a portion of the parcel located at 25401 Brick Road. Although the parcel was refereed to as 25401 Brick Road in the tax records, the land records indicate the address is actually 52097 Olive Road. The address 25401 Brick Road is used to describe an adjacent parcel. The annexing ordinance provided a correct common description and legal description and clearly identified the annexed property as being along the southwest corner of the intersection of Brick Road and Olive Road. The same family owns the 25401 Brick Road parcel that owns 52097 Olive Road parcel, but they wanted to have the scrivener's error officially clarified to prevent any tax or boundary confusion in the future. Kathleen Cekanski-Farrand, Council Attorney, advised that the legal description was correct. 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 eight (8) ayes. RISE AND REPORT Councilmember Kelly made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole 10 REGULAR MEETING MAY 14, 2007 REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 8:42 p.m. Council President Tim Rouse presided with eight (8) members present. BILLS -THIRD READING ORDINANCE NO. 9751-07 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF LAUREL STREET FROM THE SOUTH RIGHT OF WAY LINE OF WASHINGTON STREET TO THE FIRST EAST/WEST ALLEY SOUTH OF WASHINGTON STREET FOR A DISTANCE OF 144.54 FEET, MORE OR LESS, AND A WIDTH OF 14 FEET This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9752-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $830.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember White seconded the motion carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9753-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $62,000.00 FROM FUND NO. 401 (COVELESKI STADIUM CAPITAL FUND) AND $51,525.00 FROM FUND NO. 655 (LEAF COLLECTION AND REMOVAL FUND) FOR CAPITAL EXPENDITURES This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9754-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9708- 06 WHICH ANNEXED TO AND BROUGHT WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, FOR THE SOLE PURPOSE OF CORRECTING A SCRIVENER'S ERROR 11 REGULAR MEETING MAY 14, 2007 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 eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3745-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOW AS 1329 SOUTH 32ND STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DAN GOLLER 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 1329 South 32nd Street, South Bend, Indiana, and which is more particularly described as follows: Lot numbered Two Hundred Ninety-Eight (298) as shown on the recorded Plat of the Subdivision of Lot A in Fordham and this property has Tax Key Number 18-6049-1632, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et sea., 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 L 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 IL 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; 12 REGULAR MEETING or MAY 14, 2007 ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. 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 VL This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Dan Goller, 203 Eunice, Drive, South Bend, Indiana, made the presentation for this bill. Mr. Goller advised that he plans to construct a new 1,440 square foot, 1 '/z story, three- bedroom, two-bath home with a garage. The estimated value of the home is $94,000.00. 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 Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 13 REGULAR MEETING MAY 14, 2007 BILL NO. 07-67 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1840 NORTH COMMERCE DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (7) SEVEN-YEAR REAL PROPERTY TAX ABATEMENT FOR STANZ FOOD SERVICE, INC. Councilmember Varner made a motion to continue this bill indefinitely at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3746-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3702 PROGRESS DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PARRISH/MEYER MACHINE, INC. 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 3702 Progress Drive, South Bend, Indiana, and which is more particularly described as follows: Commencing at a brass plus at the center of Section Thirty-Three (33), Township Thirty-Eight (38) North, Range Two (2) East; thence North Zero Degrees, Zero Minutes, Zero Seconds East (N 0° 00' 00" E) along the center line of said Section Thirty-Three (33) a distance of One Hundred Thirty-five and Eighteen Hundredths (135.18) feet to the South line of Progress Drive, extended West; thence South Eighty-Nine Degrees, Forty Minutes, Nine Seconds East (S 89° 40' 09" E) along said South line of Progress Drive a distance of Four Hundred Forty and Zero Hundredths (440.00) feet to the point of beginning, said point being the Northeast corner of a tract theretofore conveyed to Canteen Corporation, Inc.; thence South Zero Degrees, Nineteen Minutes, Fifty-one Seconds West (S 0° 19' 51" W) a distance of Two Hundred Forty and Zero Hundredths (240.00) feet; thence South Eighty-Nine Degrees, Forty Minutes, Nine Seconds East (S 89° 40' 09" E) a distance of Four Hundred Twenty-Nine and Eighty-Seven Hundredths (429.87) feet to a point on the West line of a tract heretofore conveyed to Woodworth Storage and Transfer, Inc.; thence North Zero Degrees, Eighteen Minutes, Fifty-One Seconds East (N 0° 18' S 1" E) a distance of Two Hundred Forty-Three Hundredths (240.43) feet to the South line of Progress Drive; thence North Eight-Nine Degrees, Forty Minutes, Nine Seconds West (N 89° 40' 09" W) a distance of Four Hundred Thirty and Zero Hundredths (430.00) feet to the point of beginning and which has Key Numbers 18-2184-6938-09 and 25-1006-0299, as an Economic Revitalization Area, and 14 REGULAR MEETING MAY 14. 2007 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 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 L 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 IL 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 sec . SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council Ms. Marilyn Meyer, CEO, ParrishMleyer Machine, Inc., 3702 Progress Drive, South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that Parrish/Meyer Machine, Inc., manufactures jigs, dies, fixtures, and special high-precision parts. The addition of a new Mori Seiki NH-5000/40 DCG machine will be used for production machining. This machine will allow the company to machine additional parts for their clients thereby growing the business and employment opportunities. The project will invest $400,000. It is estimated that the total project will create two (2) new, permanent, full-time jobs in the first year of production representing a new annual payroll of $50,000. The project will also maintain thirty-four (34) existing, permanent full-time jobs representing an annual payroll of $701,486. A Public Hearing was held on the Resolution at this time There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3747-07 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 60971 U.S. 31 SOUTH AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR RANJAN J. AMIN 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 15 REGULAR MEETING MAY 14, 2007 requesting that the area commonly known as 60971 U. S. 31 South, South Bend, Indiana, and which is more particularly described as follows: A parcel of land being a part of the Southeast Quarter (1/4) of Section Thirty-Five (35), and a part of the Southwest Quarter (1/4) of Section Thirty-Six (36), all in Township Thirty-Seven (37) North, Range Two (2) East, Centre Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at a point on the east line of said Southeast Quarter, a distance of 406.54 feet North 0 degrees 00 minutes 00 seconds East of the Southeast corner of said Southeast Quarter; thence South 13 degrees 35 minutes 03 seconds East, along the westerly right-of--way of Main Street, a distance of 153.90 feet to its intersection with the westerly right-of--way line of U.S. Highway #31; thence South 17 degrees 09 minutes 11 seconds West, along said U.S. #31 right-of--way line, a distance of 133.80 feet to an iron stake found in place; thence North 89 degrees 19 minutes 49 seconds West, parallel with the south line of said Southeast Quarter, a distance of 501.70 feet to an iron stake found in place and being on a point of the east line of a tract of land conveyed to Raymond K. Snyder and Anna J. Snyder in Deed Record 315, page 175; thence North 0 degrees 27 minutes 06 seconds West, a distance of 274.67 feet to an iron stake found in place; thence South 89 degrees 39 minutes OS seconds East, a distance of 507.23 feet to the place of beginning. Commonly known as 60971 U. S. 31 South, South Bend, Indiana, and which has Key Number 01-1017-0368, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec., and South Bend Municipal Code Sections 2-76 et sec ., 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 sec ., and South Bend Municipal Code Sections 2-76, et sec ., 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 L 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 sec ., for tax abatement. SECTION IL The Common Council hereby determines and fmds 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 expected to result from the proposed described redevelopment or rehabilitation; 16 REGULAR MEETING MAY 14, 2007 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 E 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, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and 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 VL The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of four (4) 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/Timothy A. Rouse Member of the Common Council Kathleen Cekanski-Farrand, Council Attorney read into the record the amendments as follows: On page 1 in the title strike Four (4) Year and replace with Three (3) Year and also on the last page Section VL Strike Four (4) years and replace with Three (3) years. Councilmember Dieter made a motion to amend this bill. Councihnember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Puzzello, Member, Community and Economic Development Committee, reported that this committee held a public hearing on this amended bill this afternoon and voted to send it to the full Council with no recommendation. Mr. Bernard Feeney, Lang, Feeney & Associates, Inc. 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the owner/petitioner Ranjan J. Amin. Mr. Feeney advised that the petitioner proposes to tear down and replace the existing Drake Motel with athree-story, 71-room Choice Suites hotel. The total cost of the 17 REGULAR MEETING MAY 14, 2007 project is estimated at $3,094,000. The new hotel will be constructed with modern conveniences such as a conference room, swimming pool, and exercise room. The estimated square footage of the project is 43,368. Mr. Feeney further advised that Chapter 2, Article 6, Section 2-81.1 of the South Bend Municipal Code allows for tax abatement for hoteUmotel development in the Central Business District, East Bank Development Area and the Airport Economic Development Area. The Petitioner is requesting a special exception for the hotel which will be located outside of those areas. It is estimated that the total project will create eleven (11) new, permanent, full time jobs and four (4) new, permanent, part-time jobs within the first year representing a new annual payroll of $200,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kirsits made a motion to adopt this Resolution as amended. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3748-07 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 3111 CORBY BLVD. AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR J. PATRICK & AIMEE G. MATTHEWS 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 3111 Corby Blvd., South Bend, Indiana, and which is more particularly described as follows: Parcel L Part of Lot Numbered Seven Hundred Ninety-three (793) as shown on the recorded Plat of McKinley Terrace Addition, Section "B", described as follows: One hundred Sixty-four and Thirty-four Hundredths (164.34) feet in width, East and West taken off of and from the entire west side of said Lot Numbered Seven Hundred Ninety-three (793). Parcel IL Part of Lot Numbered Seven Hundred Ninety-three (793) as shown on the recorded Plat of McKinley Terrace, Section "B", recorded September 10, 1953 in Plat Book 18, page "Mc", described as beginning on the North line of Corby Street at a point One Hundred Sixty-four and Thirty-four Hundredths (164.34) feet East of the Southwest corner of said Lot Seven Hundred Ninety-three (793), running thence east Forty (40) feet to the Southwest corner of Lot Numbered Eight Hundred Six (806) as shown on the recorded Plat of McKinley Terrace Addition, Section "C", recorded October 29, 1957 in Plat Book 20, page "Mc"; thence North Four Hundred Fifty (450) feet to the place of the beginning. and this property has Tax Key Number 018-5189-742101, be 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 18 REGULAR MEETING MAY 14, 2007 Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., 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 IL 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. 19 REGULAR MEETING MAY 14, 2007 SECTION IV. The Common Council hereby determines and fmds 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 VL 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/Timothy A. Rouse Member of the Common Council Councilmember Puzzello, Member, Community and Economic Development Committee, reported that this committee held a Public Hearing on the bill this afternoon and voted to send it to the full Council with a favorable recommendation. J. Patrick Matthews, 52127 Fall Creek Drive, Granger, Indiana, made the presentation for this bill. Mr. Matthews advised that he and his wife Aimee intend to construct thirty new three bedroom, two and one-half bathroom condo townhouses of approximately 1,500 square feet, each with either a single or two-car attached garage. Each townhouse will have two stories. The development will contain a private street with ten (10) buildings consisting of three townhouses each. The buildings will cover 30% of the land, driveways and streets 27% and green space and water retention areas covering the remaining 43%. The townhouses will be constructed on the 2.786 acre site of the old McKinley Terrace Community Club swimming pool. The price of each home will be approximately $150,000 for atotalproject cost of $4,500,000. 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 Dieter 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. 20 REGULAR MEETING MAY 14, 2007 RESOLUTION NO. 3749-07 A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 202 S. MICHIGAN, SOUTH BEND, INDIANA, FLOORS 2, 4, AND 5 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR KEY SB, LLC, THE HINMAN COMPANY WHEREAS, Key SB, LLC (The Hinman Company), an Indiana limited liability company (the "Petitioner") filed a petition for real property tax abatement (the "Petition") and a Form SB-1 statement of benefits with the South Bend City Clerk on February 16, 2007 for consideration by the Common Council of the City of South Bend, Indiana (the "Common Council"), requesting that the area commonly known as 202 S. Michigan Street, South Bend, Indiana, Floors 1 ,2 ,4, 5, 9, and 11 to 14, and which has the parcel key numbers 18-3003-0054, 18-3003-0056 and 18-3003-0044 (the "Property"), be designated as an economic revitalization area under the provisions of Indiana Code sections 6-1.1-12.1-1 et seq., and South Bend Municipal Code sections 2-76 et seq.; and WHEREAS, the rehabilitation of Floors 2, 4 and 5 form one part of and are a precedent stage to performing additional rehabilitation work in the other Floors of the Property listed above; and WHEREAS, the Petitioner was faced with very short deadlines to meet a new tenant's move in requirements; and WHEREAS, in order to accommodate the new tenant, other tenants in the building had to be moved to make room for the new tenant; and WHEREAS, major renovations to the Floors 11 to 14 of the Property were required to meet the new tenant's needs; and WHEREAS, the Petitioner's contractor in an effort to meet the short deadlines obtained building Permit Nos. 105995 and 106222 on March 13, 2007 and March 26, 2007 respectively and began rehabilitation (as defined by Indiana Code section 6-1.1- 12.1-1(6) of the Property on the 2nd Hoar (Permit No. 105995) and the 4d` and 5~` floors (Permit No. 106222); and WHEREAS, the Common Council has adopted a policy requiring that petitioners for tax abatement wait until after the Common Council has adopted declaratory and confirming resolutions in accordance with Indiana Code section 6-1.1-12.1-2.5 (b) and (c), before obtaining a building permit and before initiating redevelopment or rehabilitation of real property, absent circumstances that compel a petitioner to initiate such activities before such resolutions have been adopted; and WHEREAS, the Petitioner has presented substantial evidence to the Common Council that urgent circumstances existed requiring the Petitioner to obtain the above described building permits and to initiate rehabilitation of the Property before the Common Council had adopted declaratory and confirming resolutions, and the Common Council has concluded that such circumstances present a compelling reason to waive the Common Council's policy: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 21 REGULAR MEETING MAY 14, 2007 SECTION L The Petitioner has presented testimonial and documentary evidence of the following facts and the Common Council hereby makes the following findings of fact in support of this resolution: A. The new tenant of the building is the law firm Baker and Daniels, who has made along-term commitment to remaining in downtown South Bend, and whose partners and staff have made significant contributions for many years to the improvement of the economic and cultural vitality of the City of South Bend. B. The Petitioner is committed to maintaining the Property at a high level and to attracting and retaining quality tenants for the downtown over the long term. C. Many floors of the Key Tower Building have remained empty for several years and the new tenant will increase the Property's occupancy to 95 percent by filling floors 11 to 14. D. Lease negotiations were complicated and protracted because they involved several parties including the two current tenants that had to be moved, the new tenant, the City and the petitioner while the new tenant's lease at its current location had expired. E. The sequence of moves by the two current tenants was further complicated by the fact that one tenant was moving into the location vacated by the other tenant which required that work to prepare for the first tenant's move had to be expedited to meet the end of year deadline for the move in by Baker and Daniels. As a result, the renovation work for the first tenant was completed on Apri130, 2007. F. The property is located within the Central Development Area, an area within the city that has been targeted by the Common Council for consideration of tax abatement for redevelopment and rehabilitation of office space, Section 2-78 of the South Bend Municipal Code. G. The Petitioner acknowledges and respects the ling-standing policy of the Common Council to require that the economic revitalization area declaratory and confirming resolutions be adopted by the Common Council before a building permit is obtained and before rehabilitation begins. H. At all times throughout these proceedings, the Petitioner has acted in good faith, has promptly cooperated with all requests of the Common Council and the South Bend Department of Community and Economic Development, and has made every effort to comply, to the best of its ability, with the requirements of law and the policies of the Common Council. L Because of the unusual and adverse circumstances described herein, the Petitioner was forced by the exigencies of the situation to proceed with rehabilitation of the Property without first receiving adoption of declaratory and confirming resolutions by the Common Council. SECTION IL The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive noncompliance by the Petitioner with certain conditions precedent to rehabilitation of the Property, in accordance with Indiana Code section 6-1.1-12.1-11.3. 22 REGULAR MEETING MAY 14, 2007 SECTION III. The Common Council hereby waives such noncompliance, for the purpose of permitting the Council to proceed with consideration of the Petition on its merits. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Ann Puzzello, Member, 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 no recommendation. Jamie Wade, Controller, Finance and Asset Management, CBRE as agent for The Hinman Company Ms. Wade advised that as agent for Key SB,LLC/The Hinman Company, request the waiver of $477,000 for the building permit numbers 105995 and 106222 pulled on March 13, 2007 and March 26, 2007 respectively for construction of the second, fourth and fifth floors of the Key Bank Building. Baker and Daniels lease at their current location expired on December 31, 2006. Baker and Daniels received month-to-month tenancy from the current Landlord prior to expiration of their lease. In March 2007, Baker and Daniels notified the current Landlord that they would not be renewing their lease. In turn, Landlord gave them a firm expiration date of January 31, 2008. Additionally, they are working with a prospective tenant outside of South Bend that is currently considering substantially backfilling the Baker and Daniels existing space in the First Bank Building. Baker and Daniels construction is set to begin between July lgt and July 15~` and is schedule to take approximately eighteen to twenty weeks with move in tentatively scheduled for December 15, 2007. Due to the significant material impact, magnitude and complexity of the project to accommodate Baker Daniels as a new, multi-floor tenant of this building, the inherent need to shift the current tenants on floor 11, 12, 13 and 14 to floor 2, 4, and 5 because of expedited due process delays and timing issues. The Hinman Company has contemplated openly from commencement of the negotiations, the inherent need for tax abatement to be economically successful for all parties concerned, including new and existing tenants as well as the Landlord. Total project cost is 59 million dollars. Councilmember Varner asked Ms. Wade to state specifically the reason for the waiver. Ms. Wade stated that due to the timing issues from when the lease was signed to the start of the construction in order to meet Baker and Daniels move out of their current space in the 1 gc Bank Building. They have been a month to month tenant since December 31, 2006, there firm expiration date is January 31, 2008 and the construction is set to begin at the Key Bank Tower Building between July 1 gc and July 15~` allowing eighteen to twenty weeks for construction. Councilmember Varner stated that the reason for the waiver was because permits were pulled before the request was made for abatement. Ms. Wade confirmed that was the case. A Public Hearing was held on the Resolution at this time. Mr. Rich Hill, Managing Partner of the South Bend Office, Baker and Daniels, (no address given). Mr. Hill stated that he is here tonight to ask the Council's favorable consideration of this waiver. It is obvious that looking back with perfect hindsight that the building permit should not have been obtained without the abatement application process being initiated. 23 REGULAR MEETING MAY 14, 2007 That was in the context of the building owner doing everything possible to move the project ahead in a way that met the requirements of all current tenants of the building and also consistent with their lease as obligation to them. One of the significant elements of this project is that the top four floors will be leased to Baker and Daniels, they have signed along-term lease a fifteen year lease but it has not required relocation of any other tenant out of the building and will really bring this building up to just about 100% occupancy. He stated that that is very very significant, it is a very significant benefit to the downtown, but it obviously causes some issues. He will file with the City Clerk John Voorde tonight a construction schedule that shows and eighteen week timetable. That effectively means that if all things go well in mid December they will be able to move into the space. Mr. Hill also has a letter confirming that his fum's termination date for their current space is January 31, 2008, so that while he believes that this was an error it was in the context of The Hinman Company as building owner really trying to move the project ahead and accommodate the needs of both their current tenants and also Baker and Daniels as their new tenants. Mr. Hill again requested the Council's favorable consideration. Mr. Hill also mentioned that the investment alone in construction cost, fixtures and furniture and equipment by Baker and Daniels is 4 million dollars. They have signed a fifteen year lease, and expect to add additional professionals and continue to bring additional professionals into the community. They have been in the position that they have really not been able to expand their legal staff as they otherwise would. They haven't been able to do that because they haven't had the space to put their people. They have as part of the abatement application indicated that they would expect to have at least a 7 percent growth each year in terms of employees at all levels, attorneys, paralegals, support staff, etc. Mr. Don Inks, Department of Community & Economic Development, 1820 Portage Avenue, South Bend, Indiana spoke in favor of this resolution. Mr. Inks stated that he is speaking on behalf of the Redevelopment Commission. Mr. Inks stated that the Commission is in support of this project. It has been a long road to get to this point, but it represents more than just a tax abatement, more than just a waiver related to pulling permits before the abatement application. This project represents a significant investment in a downtown building, it represents not only the retention of a major law firm in the State of Indiana and in the downtown of South Bend, but keeping other tenants in that building as well as providing better space for them as they continue to locate in that facility. There are a number of benefits to the community and he strongly support the project. The Commission has taken action to support the waiver request and would ask the Council to do so as well. Gary Gilot, Director, Public Works, 13~` Floor County-City Building, South Bend, Indiana, acting as the Executive for the City of South Bend. Mayor Luecke in is Washington D.C., attending the National Police Memorial Ceremony. Mr. Gilot advised that the Mayor wants to go on record to support this waiver. The administration believes that the Council's rules with regard to tax abatement timing versus building permits being pulled are good rules, but for every rule there is extenuating circumstances and a reason for an exception where you don't open a wide door for a lot me too's. There was good Council dialogue on that early, and the administration thinks the Council has that issue addressed. On behalf of the Mayor, Mr. Gilot expressed support for sending a signal to this important downtown business that the City of South Bend is friendly and open for business. 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 Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. Councilmember Varner stated that at some point and time they have to take measures as to how the Council is going to conduct business. The issue to point out here is that the amount is 5% of the project, 95 % of the project would still remain eligible for tax abatement. If the Council is looking for something of a good faith effort to show support for the project, he stated that they should point to the $400,000 that the City is going to 24 REGULAR MEETING MAY 14, 2007 put into the downtown project courtesy of the Redevelopment Department. And just like Mr. Gilot stated that for every rule there is an exception, and what the Council will be faced with in the future is everyone will have a good exception. He will not argue that this is not a good exception however, he will argue that the basis of this exception is with regard to the timeliness of the filling and pulling of the permits did not comply with the standards. Councilmember Varner stated that it looks like even with the $400,000 support, 95% of the project will still be eligible and he expects that he will see that request at a later date. He stated that if this is adopted, the Council will face waiver after waiver request and petitioners will have no regard for the standards. Councihnember Varner stated that he will be voting against the adoption of this bill. Councilmember Kirsits stated that he does not want to send the message to future business that want to locate in South Bend, that the Council does not want to do business with them. He stated that this was an issue with two other law firms Tuesley & Hall and Konopa. Hopefully future petitioners will get the message, however at this time, he believes that this is a big project for downtown South Bend and is in favor of allowing the waiver. Councilmember Puzzello stated that she is very much in favor of this project. She stated that she is delighted that Baker and Daniels is staying in South Bend. She is willing to vote in favor of this resolution contingent upon the letter from Mr. Hill explaining the hardship need for a waiver. Councilmember Rouse stated that they have received an outstanding evaluation in Community & Economic Development by the Director. He pointed out that this is the time that the Council can look at lessons learned. This is a very important project to downtown South Bend. The principals have pointed out some things that should not have happened, but they did happen. Councihnember Rouse stated that he would like to receive that information proactively as lessons learned and avoid these types of delays or errors or things that require waivers in the future. The Council needs to embrace the spirit of this project. Councihnember Rouse stated that he would be voting in favor of this resolution. 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. Mr. Hill stated that he would have the letter explaining the hardship need for a waiver prior to the end of this week. Kathleen Cekanski-Farrand stated that the question was that whether Mr. Hill would like to tender the documents that he referenced in his statement earlier this evening. Mr. Hill stated that he is filing with the CityClerk the construction schedule that he referred to earlier this evening and also a letter verifying Baker and Daniels lease termination date. Mr. Hill stated that he will supplement this with additional information in the letter that is requested. Kathleen Cekanski-Farrand stated that for the record based on Councihnember Puzzello's request, she gave copies of the two law firms that were mentioned earlier this evening as a guideline for Mr. Hill to follow, since the burden of proof is on the petitioner. Councilmember White made a motion to adopt this Resolution, contingent upon the letter from Mr. Hill explaining the hardship need for the waiver. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes and one (1) nay (Councihnember Varner). BILL NO. 07-71 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATION LICENSES FOR CALENDAR 25 REGULAR MEETING MAY 14, 2007 YEAR 2007 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE (3 COMPANIES) BILL NO. 07-72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2007 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE (4 COMPANIES) Councilmember Pfeifer made a motion to combine these bills for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3750-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2007 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE (3 COMPANIES) 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 Apri124, 2007 the City Business Licensing Auditor provided written notice to the City Clerk that the following businesses had been approved for Scrap Metal Dealer, Junk Dealer, Valuable Metal Dealer and Recycling Operations Licenses for the 2007 Licensing year; and Gertrude Street Metal Recycling, Inc., 3700 S. Gertrude St. South Bend Scrap & Processing Div., 3113 S. Gertrude St. South Bend Scrap & Processing Div., 1305 Prairie Ave. WHEREAS, the license applications for all above-referenced businesses received favorable recommendations form the Department of Code Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building Department. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section L The license applications for the following businesses 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, Fire Prevention Bureau, department of Water Works, and the Building Department as evidenced by the Business Licensing Auditor's communication to the City Clerk dated Apri124, 2007: Gertrude Street Metal Recycling, Inc., 3700 S. Gertrude St. South Bend Scrap & Processing Div., 3113 S. Gertrude St. South Bend Scrap & Processing Div., 1305 Prairie Ave. 26 REGULAR MEETING MAY 14, 2007 Section IL This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council RESOLUTION NO. 3751-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2007 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE (4 COMPANIES) 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 Apri124, 2007 the City Business Licensing Auditor provided written notice to the City Clerk that the following businesses had been approved for Scrap Metal Dealer, Junk Dealer, Valuable Metal Dealer and Recycling Operations Licenses for the 2007 Licensing year; and Harwich Iron/U. S. Scrap & Recycling, 1610 Circle Ave. Harwich Iron/LT. S. Scrap & Recycling, 1700 W. Washington Harwich Iron/LT. S. Scrap & Recycling, 2016 W. Washington St. U. S. Scrap & Recycling/South Bend Baling Co., 1420 S. Walnut St. WHEREAS, the license applications for all above-referenced businesses received favorable recommendations form the Department of Code Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building Department. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section L The license applications for the following businesses 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, Fire Prevention Bureau, department of Water Works, and the Building Department as evidenced by the Business Licensing Auditor's communication to the City Clerk dated Apri124, 2007: Harwich Iron/U. S. Scrap & Recycling, 1610 Circle Ave. Harwich Iron/LT. S. Scrap & Recycling, 1700 W. Washington Harwich Iron/LT. S. Scrap & Recycling, 2016 W. Washington St. U. S. Scrap & Recycling/South Bend Baling Co., 1420 S. Walnut St. Section IL This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Pfeifer, Chairperson, Personnel and Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. 27 REGULAR MEETING MAY 14, 2007 Mr. Charles E. Clark, License Auditor, Department of Administration and Finance, 12~` Floor County-City Building, South Bend, Indiana, made the presentation for these bill. Mr. Clark advised that in accordance with the procedure for the renewal of City Business/Occupational licenses for the operation of Scrap MetaUJunk Dealers/Recycling Operations, renewal applications for a total of seven (7) businesses combined were submitted to the Police Department, Fire Inspection Bureau, Water Works, Department of Code Enforcement and Building Department. The properties were inspected for Fire Code violations, environmental violations, proper maintenance of the premises and areas outside the fences, and the height and condition of the surrounding fencing. All received favorable recommendation from all departments. The reason for two separate resolutions is that they were received after the deadline for filing. A Public Hearing was held on the Resolutions at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to Resolution No. 07-71, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. There being no one present wishing to speak to the Council either in favor of or in opposition to Resolution No. 07-72, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS -FIRST READING BILL NO. 26-07 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR APPROXIMATELY 25 ACRES LOCATED SOUTH OF ANGELA BOULEVARD/EDISON ROAD ON THE WEST AND EAST SIDES OF EDDY STREET, COUNCILMANIC DISTRICT NO. 4 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 Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 27-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $225,000 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 TO SUPPORT THE SERVICES OF DOWNTOWN SOUTH BEND, INC. This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on May 29, 2007. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. 28 REGULAR MEETING MAY 14, 2007 BILL NO. 28-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $100,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMM[.JN1TY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on May 29, 2007. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 29-07 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1201 S. MICHIGAN ST., COUNCILMANIC DISTRICT SIX (6) IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORT FROM THE BOARD OF ZONING APPEALS BZA~ BILL NO. 07-73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 721 N. COLLEGE, SOUTH BEND, INDIANA 46619 Councilmember Puzzello made a motion to send this bill to the Zoning and Annexation Committee and set a Committee Meeting for May 29, 2007, and also set this bill for Public Hearing and Third Reading on June 11, 2007 and send a letter to the St. Joseph County Health Department asking for a report on potential health hazards, if any form wireless telecommunications towers. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. PRIVILEGE OF THE FLOOR COMMENT S FROM MR JIM CIERZNIAK CONCERING THE COLLEGE FOOTBALL HALL OF FAME This past week the community was astonished to learn, by a South Bend Tribune article, that the College Football Hall of Fame (henceforth, "Hall") "had a great year in 2006, recording $96,000 in profit." That information form Rick Walls, executive director of the Hall, appeared under the headline "Hall of Fame in the black." Mr. Wall' finally presented the 2006 operating statement about May 1. When South Bend was responsible for the operating statements, we received the eyarly summary about Feb 1. But, then, officials of the National Football Foundation neve have been anxious to share information with citizens of South Bend. Giving Mr. Walls his due, from his standpoint the Hall was in the black for the past year. The $570,000 of tax money which South Bend subsidized the Hall with in '06 is no different to him than admissions revenue or 29 REGULAR MEETING MAY 14, 2007 catering commissions. A buck coming in to the NFF is a buck, no matter what the source. And, to give the Tribune its due, what objectivity can we expect from a paper whose editorial board has pumped out 25-30 fawning editorials over the years in support of the financially-challenged Hall? I have no doubt that the ditors really believe that the Hall had a "profit" in 06. The truth, however, cannot be ignored that the Hall can only operate with a large subsidy of tax dollars, as these figures from the attached operating statement show: Total Operation Expenses $1,601,973 Total Operating Revenue (less South Bend's subsidy from two Taxes: Hotel-Motel and PSDF) 1,128,259 Actual operating loss for the Hall On its own merits 473,714 But don't look for this headline anytime soon in the Tribune: "Hall's huge loss paid by local government." Or, even "One-third of Hall's revenues comes from taxes." It is important that South Bend and St. Joseph County officials look at the Hall's operating reports with this thought in mind: How is the Hall doing on its own merits, i.e., without subsidies from local government? The ten-year operating projections for the Hall prepared by the Economic Research Associates of Chicago in 1993 were used to "sell" the Hall to the public. On the revenue side there was no mention of tax money, direct subsidies from South Bend or even sponsorships that would be needed for the Hall's operation. For years 6-10 of the projections, the Hall was predicted to have annual net income of $543,000 to $561,000. The Hall's operations have always been substantially in the red and remain so. What the Tribune printed last week was highly misleading. And, lest we forget, South Bend taxpayers paid another annual installment of about $1.4 million for the 17-year bond issue to pay for the Hall and its exhibits. This is in addition to the two taxes totaling $570,271 for the Hall's operations. Councilmember Dieter asked Councilmember Puzzello, as Chairperson of the PARC Committee to set up and update meeting from Mr. Walls regarding the College Football Hall of Fame. COMMENTS FROM MR. STEPHEN RANGE CONCERNING PIT BULL TERRIERS Mr. Range stated that he is here tonight representing The American Muscle Foundation. The purpose of being present tonight is to stimulate awareness to the citizens of South Bend and make clear to the Legal Department, the Residential Neighborhood Committee of the South Bend Common Council, and to the Department of Code Enforcement, that the City of South Bend is in violation of the Municipal Code Article 2. (Animal Control Commission) and Section 5-3 (Establishment and duties of the Animal Control Commission) from beginning to end Section 5-6 (Meeting, Agendas, and minutes of the Commission) Establishment, and duties, are not being met. Foremost, the membership of the Animal Control Commission according to municipal code Article 2. Section 5-4 does not have reality or being. Mr. Range submitted the following letter: I, Stephen Alexander Range will like to show my undivided comment at this time in becoming a member of the Animal Control Commission, if at all possible Chairperson of the Animal Control Commission of South Bend, and to ask the South Bend Common Council Members according to Section 5-4. (Membership and quorum of Commission) to appoint me a member of the Animal Control Commission. But having much more significance and denomination at this time is the harmful, heartless, and inhuman domino effect this have on South Bend Citizens. South Bend Citizens civil liberties, privileges, constitution and municipal code rights are being desecrated by Animal Control and the Department of Code Enforcement because the Animal Control Commission is not in attendance. 30 REGULAR MEETING MAY 14, 2007 I also consider that the American Pit Bull Terrier, be detached from the municipal code as being a dangerous animal and that no extra restriction be bestowed upon any one breed of dog. The American Muscle Kennel Club notices that there is a big problem with dangerous but more common, unhealthy animals. The problem we face today is irresponsible, evil, and wicked people who love mischief. There is a petite group of people who took the American Pit Bull Terrier away from its original function. This group of people adopted the American Pit Bull Terrier, tormented them, abused them„ fought them, neglected them, and installed an evil uncontrollable aggression in there own dogs for combating. These people brainwashed there American Pit Bull Terriers, and twisted them from there natural function. The original Characteristics of an American Pit Bull Terrier are strength, confidence, and a zest for life. This breed is brimming over with enthusiasm. The American Pit Bull Terrier is an excellent family companion and noted for their affection for people. Aggressive behavior towards humans is highly unlikely. The American Muscle Club agree there is a minute problem in South Bend with dangerous American Pit Bull Terriers and sizeable problems with neglected Animals, and a wise, godly plan of reconciliation must be put into effect. A plan of security and confidence not a plan of fear. A plan of protection and safeguard. Not a plan of abandonment. We can not let those who fear, hate and have no understanding of this breed decide there future. It is impossible and unjust to accurately judge anything or any circumstance out of fright or dislike. It's impracticable and without solution to discriminate, and massacre a single breed. Above all it is without constitutional value to the innocent to be counted among with the guilty. For the righteous to suffer for the unrighteous. In conclusion, I Stephen Range motion a petition that knowledgeable, experienced citizens be appointed to the Animal Control Commission and that the municipal Code Chapter 5 (Animals and Fowls) undergo a formal examination and be revised and rationalized were needed. And that no animal be deemed or seized by Animal Control just because it is or shire similar attributes as the American Pit Bull Terrier, until the Animal Control Commission is in attendance and Chapter 5 of the of the municipal code has been revised. At it earliest expediency meetings and agenda need to be established to reconcile these vast tribulations. Sincerely Stephen A. Range 1206 Johnson St. Contact Number 574-234-0672 Council President Timothy Rouse assigned this topic to the Health and Public Safety Committee. City Clerk John Voorde advised the Council that the Animal Control Commission should be a joint venture with the City of South Bend and St. Joseph County. He encourage the Council and the Health and Public Safety Committee to schedule meetings with various County and City Officials. COMMENTS CONCERNING PROCEDURAL CHANGES ON PUBLIC HEARINGS AT COMMON COUNCIL MEETINGS Mr. Eagen advised that he would like to see the Council change their procedure on Public Hearings. Mr. Eagen stated that when a subject is brought before the Council it is given First Reading then assigned to a committee, set for Second Reading, Public Hearing and Third Reading. At the public hearing portion time is given to the presenter, public input for those in favor and opposed to the bill. Mr. Eagen encourage the Council to allow comment for the "gray areas" a portion of the meeting when questions, along with comment from individuals not necessarily in favor of or opposed to the subject, but those that would like more information and have questions. Council President Timothy Rouse assigned this topic to the Council Rules Committee. 31 REGULAR MEETING ADJOURNMENT MAY 14, 2007 There being no further business to come before the Council, President Rouse adjourned the meeting at 9:02 p.m. ATTEST: ATTEST: John Voorde, City Clerk Timothy A. Rouse, President 32