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HomeMy WebLinkAbout06-26-06 Council Meeting Minutes REGULAR MEETING JUNE 26, 2006 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, June 26, 2006 at 7:00 p.m. The meeting was called to order by Council President Timothy A. Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Charlotte Pfeifer 2nd District Roland Kelly 3rd District Vice-President David Varner 5th District Ervin Kuspa 6th District Al “Buddy” Kirsits At-Large Timothy Rouse At-Large President Karen L. White At-Large Chairperson Committee of the Whole Absent: Derek D. Dieter 1st District Ann Puzzello 4th District OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the June 12, 2006, 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 Varner made a motion that the minutes of the June 12, 2006, meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS RESOLUTION NO. 3604-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING AND CELEBRATING THE LIFE AND MANY CONTRIBUTIONS MADE TO THE SOUTH BEND COMMUNITY BY THE LATE OLLIE MAE GRAYSON 1 REGULAR MEETING JUNE 26, 2006 Whereas, the Common Council of the City of South Bend, Indiana, is proud to posthumously recognize the many musical and civic contributions made to our community by the late Ollie Mae Grayson; and th Whereas, Ollie Mae Grayson was born on the 29 day of March, 1924, and later began studying voice and music under June and Joseph Artis, which led her to become a member of the H. T. Burleigh Music Association where she sang the lead roles in many operas and was the soloist for several concerts; and Whereas, the South Bend Common Council further recognizes that Ollie Mae Grayson furthered her musical talents by singing with the Aoleans, who performed classical musical concerts throughout our community; was a member of the All Nations Choir, and was the first African-American to perform on WSBT’s “Harlan Hogan Show” when she was a member of the National Association of Negro Musicians; and Whereas,Ollie Mae Grayson taught both voice and piano to a countless number of children throughout our community; nurtured in them an appreciation for classical music; while her poemsentitled “Brotherhood” and “At the Shopping Center” were published in Lyrical Voices , an international poetry anthology; and she volunteered her services in the women’s civic organization known as the St. Pierre Rufin Club. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commemorates, celebrates, remembers and gratefully honors the many contributions made to the South Bend community by the late Ollie Mae th Grayson, who passed away on the 13 day of May, 2006. Section II. The South Bend Common Council believes that many invaluable contributions made to our city by such multi-talented and gifted individuals like the late Ollie Mae Grayson continue to enrich and invigorate our community, with Mrs. Grayson’s daughter, Kathleen Grayson-Lowery, continuing her late mother’s rich legacy in her endeavors as an accomplished musician. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/Kathleen Cekanski-Farrand, Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke Mayor of South Bend, Indiana Council President Timothy A. Rouse, Cherry Tree Lane, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting to members of the Grayson family. 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. 2 REGULAR MEETING JUNE 26, 2006 Dr. Grayson thanked the Council for this honor. He stated that Ollie Mae loved giving back to the community through her music. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:11 p.m., Councilmember Kelly made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) 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 and that pamphlets were available to the public, which outline the Council rules and procedures, and are located on the railing in the Council Chambers. PUBLIC HEARINGS BILL NO. 19-05 PUBLIC HEARING ON A BILL FO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 5, SECTION 17-29 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AUTHORIZATION TO ENTER INTO SPECIAL RATE CONTRACTS FOR SEWER SERVICE Councilmember Al “Buddy” Kirsits made a motion to continue this bill and refer it to the Utilities Committee on July 19, 2006 at 3:00 p.m., and Public Hearing and Third Reading on July 24, 2006. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 35-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING FROM THE COMMON COUNCIL’S PERSONNEL SERVICES FUND #10 TO THE COMMON COUNCIL’S PROMOTIONAL FUND #33 THE SUM OF $2,400 AND APPROPRIATING $2,400 FOR PROMOTIONAL EXPENDITURES Councilmember Karen L. White, Chairperson, Health and Public Safety, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Council President Timothy A. Rouse made the presentation for this bill. Council President advised that this ordinance would transfer $2,400.00 from the Council’s Personnel Service Fund #10 and transfer it to the Council’s Promotional Fund #33. It would then appropriate this $2,400.00, so that the monies may be used to sponsor ten (10) youth positions at $30.00 each for an 8-week summer camp. The summer camp will be held at the Martin Luther King Center (M-F) from 7:45 a.m. to 5:30 p.m. In this way the Council would be partnering with Ark Angels, which is the nonprofit group sponsoring the Youth Camp. The camp will conduct lessons on Stephen Covey’s habits for “Highly Effective People: as a way to deal with various issues which lead youth to violence. 3 REGULAR MEETING JUNE 26, 2006 Mr. Ron King, Organizer, King Youth Camp, advised that the youth will be sustained with breakfasts, lunches, snacks and lessons in leadership from 7:45 a.m. to 5:30 p.m., Mondays through Fridays at the Martin Luther King Center. Mr. King stated that he sees this as one way to deal with the various issues that lead youth to violence. Ms. Linda Hopkins, 1134 Canterbury, South Bend, Indiana, spoke in favor of this bill. Ms. Hopkins stated that this camp will have a theme “Dreams: Is it in You?” It will also have lessons on Stephen Covey’s habits for “Highly Effective People” Ms. Hopkins stated that this is one way to help keep the youth off the streets and away from violence. She thanked the Council for their support. 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 in opposition and no one else present wishing to speak in favor of this bill. Councilmember Pfeifer made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 37-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $51,700 FROM FUND 601, THE PARKING GARAGE FUND FOR THE PURPOSE OF MAKING NEEDED REPAIRS AND IMPROVEMENTS IN THE LEIGHTON PARKING GARAGE 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 no recommendation due to the lack of a quorum. Mr. Don Inks, Director, Community and Economic Development Department, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Inks advised that this bill would appropriate $51,700 from Fund 601 Parking Garage Fund to cover the costs of replacing fans which exhausted the carbon dioxide from the basement of the Leighton Garage; making repairs caused by an accident in the garage; and funds to contract a design study to install a sensor system to activate fan usage and reduce utility costs. The fans ceased working and had to be replaced to ensure the safety of the basement parkers. The accident damage was covered by insurance, but need to be appropriated. 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 Varner made a motion to favorable recommendation to the full Council concerning this bill. Councilmember Rouse seconded the motion which carried by a voice vote of seven (7) ayes. RISE AND REPORT Councilmember Kelly made a motion to rise and report to the full Council. Councilmember Kuspa seconded the motion which carried by voice vote of six (6) ayes. 4 REGULAR MEETING JUNE 26, 2006 ATTEST: ATTEST: _________________________ ______________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:20 p.m. Council President Timothy A. Rouse presided with seven (7) members present. BILLS, THIRD READING ORDINANCE NO. 9682-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING FROM THE COMMON COUNCIL’S PERSONNEL SERVICES FUND #10 TO THE COMMON COUNCIL’S PROMOTIONAL FUND #33 THE SUM OF $2,400 AND APPROPRIATING $2,400 FOR PROMOTIONAL EXPENDITURES This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9683-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $51,700 FROM FUND 601, THE PARKING GARAGE FUND FOR THE PURPOSE OF MAKING NEEDED REPAIRS AND IMPROVEMENTS IN THE LEIGHTON PARKING GARAGE This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. RESOLUTIONS RESOLUTION NO. 3605-06 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, COMMON COUNCIL, PROVIDING PRELIMINARY APPROVAL OF THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS TO FINANCE CERTAIN ECONOMIC DEVELOPMENT FACILITIES AND PROVIDING THAT CERTAIN PRELIMINARY COSTS BE REIMBURSED FROM THE PROCEEDS OF SAID BONDS 5 REGULAR MEETING JUNE 26, 2006 Whereas, the City of South Bend, Indiana (the “City” is authorized by I.C. 36-7-11.9 and 12, as supplemented and amended (the “act”), to issue revenue bonds for the financing of economic development facilities, the funds for said financing to be used for the development, construction, installation and equipping of said facilities; and Whereas, PEI/Genesis, Inc. (“PEI”) and Tuliptree Associates, LLC(“Tuliptree”) (PEI and Tuliptree, collectively, the “Applicant”) desire to finance the acquisition, construction and equipping of an approximate 142,000 square foot manufacturing facility to be located at 4747 West Cleveland Road in South Bend, Indiana, which facility will be owned by Tuliptree and leased to PEI (the “Project”); and Whereas, the Applicant has advised the South Bend Economic Development Commission (the “Commission” and the City that the Applicant proposes that the City issue economic development revenue bonds for the purpose of providing financing for certain economic development facilities consisting of the development, construction and equipping of the Project; and Whereas, it is anticipated that the Project will result in the creation of approximately twelve (12) new, full-time, permanent jobs with an estimated annual payroll of $340,000 and will retain one hundred forty (140) full-time, permanent jobs and four (4) part-time, permanent jobs with a total estimated annual payroll of $3,700,000; and Whereas, the issuance of said bonds shall not obligate the full faith and credit of the taxing power of the City; and Whereas, subject to required approvals, it appears that the financing of the Project would be a public benefit to the health, prosperity, economic stability and general welfare of the City and its inhabitants; and Whereas, to induce Applicant to proceed with the Project, the Common Council of the City desires to adopt this resolution. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. It is apparent that said Project will increase job opportunities and industrial diversification within the City, resulting in a benefit to the welfare of the public in the City. 2. In order to encourage and induce Applicant to undertake such Project, the City shall cooperate with and take such action as may be necessary to finance the cost of such Project from the proceeds of economic development revenue bonds issued by the City in an aggregate principal amount of not to exceed $8,500,000, including reimbursement of costs of the Project form the proceeds of the bonds. 3. The City intends this Resolution to satisfy the requirements of the Internal Revenue Code of 1986, as amended and the regulations promulgated thereunder, and specifically Treas. Reg. §1.150-2, regarding the declaration by the City of its official intent to issue its revenue bonds for the purpose of reimbursing original expenditures (as that term is defined in Treas. Reg. §1.150-2 (c)) incurred with respect to the Project within 60 days preceding the adoption of this Resolution. 4. All original expenditures of the Project incurred within 60 days preceding the adoption of this Resolution, including the disbursement and/or repayment of monies expended by the Applicant for the planning, engineering, interest paid during construction, underwriting expenses, attorney and bond counsel fees, and expenditures relating to the improvement, expansion, rehabilitation, renovation, acquisition, construction, reconstruction, equipping and furnishing of the Project, will be permitted to be included as part of the bond issue to finance the Project, and the City will thereafter loan the proceeds of such financing to the Applicant for the same purposes. 6 REGULAR MEETING JUNE 26, 2006 5. The City shall proceed to cooperate with and take such action as may be necessary in drafting documents or in the performance of such other acts a will facilitate the issuance of such bonds to provide funds for such purpose. 6. The liability and obligation of the South Bend Economic Development Commission, the Common Council of the City, and the City , shall be limited solely to the good faith efforts to consummate such proceedings and issue such bonds, and such entities and their officers and agents shall not incur any liability if for any reason the proposed issuance of such bonds is not consummated. 7. The bonds shall be special, limited obligations of the City, payable solely from the funds provided therefore as described in the documents authorizing the issuance of the bonds, and shall not constitute an indebtedness of the City or a loan of the credit thereof. 8. 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 Kuspa, Member of the Community and Economic Development Committee reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Phil Faccenda, Attorney, Barnes & Thornburg, 100 N. Michigan Street, South Bend, Indiana made the presentation for this bill. Mr. Faccenda stated that PEI/Genesis, Inc. and Tuliptree Associates, LLC desire to finance the acquisition, construction and equipping of an approximate 142,000 square foot manufacturing facility to be located at 4747 West Cleveland Road, South Bend, Indiana, which facility will be owed by Tuliptree and leased to PEI. It is anticipated that the project will result in the creation of approximately twelve (12) new, full-time, permanent jobs with an estimated annual payroll of $340,000 and will retain 140 full- time, permanent jobs and four (4) part-time, permanent jobs with a total estimated annual payroll of $3,700,000. Mr. Larry Forback, 1915 Bendix Drive, South Bend, Indiana, spoke in favor of this bill. Mr. Forback advised that Tuliptree Associates, LLC is in the process of acquiring 20 acres of land in South Bend to build a new manufacturing facility. The initial facility will be approximately 142,400 square feet; however, the site will support a facility in excess of 350,000 square feet and the building is being designed to accommodate phased expansion. The facility will be leased to PEI –Genesis. As the new facility will be twice the size of PEI’s existing facility, new equipment will need to be purchased including: conveyors, glue machines, insertion machines, rackers, loaders, ovens test equipment, automatic baggers, mold machines and tools, numerous other tools and equipment, as well as logistical distribution equipment and information technology. 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 Kelly 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 seven (7) ayes. 7 REGULAR MEETING JUNE 26, 2006 RESOLUTION NO. 3606-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3311 WILLIAM RICHARDSON COURT AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR PRECISION MILLWORK & PLASTICS, 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 3311 William Richardson Court, South Bend, Indiana, and which is more particularly described as follows: LOT NUMBERED FIVE (5) AS PLATED IN THE PLAT OF THE TOLL ROAD INDUSTRIAL PARK, PHASE TWO, SECTION ONE AS RECORDED AS DOCUMENT NO. 9426579 IN THE OFFICE OF THE RECORDER, ST. JOSEPH COUNTY, INDIANA and which has Key Number 25-1013-021606, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council 8 REGULAR MEETING JUNE 26, 2006 Mr. Larry Shoemaker, President, Precision Millwork & Plastics, Inc., 3311 William Richardson Court, South Bend, Indiana, made the presentation for this bill. Mr. Shoemaker advised that Precision Millwork & Plastics, Inc., produces custome cabinets, countertops, store fixtures and wood and plastic industrial parts. The company plans to construct an 11,500 square foot addition to the rear of their existing building. The addition will allow the company to expand its business. The estimated cost of the addition if $250,000. As a result of the expansion the company will increase its full-time workforce by five (5) people, with a new annual payroll of $100,000. The project will also maintain thirty (30) existing, permanent full-time jobs and one (1) part-time job representing an annual payroll of $720,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember White made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 3607-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 936 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ANI APRAHAMIAN WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 936 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: Numbered One (1) as shown on the recorded Plat of Notre Dame Howard Street Minor Subdivision, recorded September 6, 2005 as Document Number 0540965 in the Office of the Recorder of St. Joseph County, Indiana and this property has Tax Key Numbers 018-5106-3713, 018-5106-3714, and 018-5106- 3715,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, 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: 9 REGULAR MEETING JUNE 26, 2006 SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 10 REGULAR MEETING JUNE 26, 2006 s/Timothy A. Rouse Member of the Common Council Ms. Ani Aprahamian, 802 Forest Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Aprahamian advised that she proposed to build a residential building on 936 Notre Dame Avenue. The home will be approximately 3,000 square feet with an additional 1300 square feet for the basement. The home will have four (4) bedrooms, five (5) bathrooms, living room, dining room and a 2 car garage. 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 Kuspa 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 seven (7) ayes. RESOLUTION NO. 3608-06 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 4747 WEST CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PEI GENESIS, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South , Bend, Indiana, requesting that the area commonly known as 4747 West Cleveland Road. South Bend, Indiana, and which is more particularly described as follows: Commencing from the East Quarter of said Section 20, said point being approximately 68.62 feet South of the South right-of-way of Indiana East/West Toll Road (300’ total R/W) thence North 0104’10” West along the East line of the Northeast Quarter of Section 20, 704.03 feet to the point of beginning of this description; (note: The bearing for this description was derived from the recorded documents from the Right-of- Way undertaking); thence North 7734’00” West, along the North right- of-way of Cleveland Road 1346.24 feet; thence North 0038’36” West, 629.12 feet to the South line of the Plat of Clarence A. Gregory’s High Meadows Estates Subdivision; thence North 8937’14” East along the South line of the Plat of Clarence A. Gregory’s High Meadows Estates Subdivision and Hartman DeMaegt Subdivision, as recorded under Book 21, page H4 and Book 27, page H respectively; 1304.45 feet to the East line of the Northeast Quarter of said Section 20; thence continuing along the South boundary of Hartmen DeMaegt Subdivision on a bearing of North 8937’14” East, 80.5 feet to a point on a line West 80.5 feet of the West Half of the Northwest Quarter of said Section 21; thence South 0104’10” East, 946.09 feet to a point on the North line of Cleveland Road; thence continuing along the said North line of Cleveland Road on a bearing of North 7734’00” West, 82.79 feet to the point of beginning,. and which has Key Number 25-1012-0199.37 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; 11 REGULAR MEETING JUNE 26, 2006 WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. 12 REGULAR MEETING JUNE 26, 2006 SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kuspa, 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. Mr. Marcel Levin, Attorney, May, Oberfell, Lorber, 4100 Edison Lakes Parkway, Suite 100, Mishawaka, Indiana, made the presentation for this bill. Mr. Levin advised that PEI Genesis, Inc., will use the facility as its main world-wide production facility. PEI’s core business is the manufacture, assembly and distribution of electronic components, primarily electronic connectors. The Company also designs and manufactures electronic systems, cable assemblies and special connectors and components. All phases of the production process are housed in the facility including: receiving, inspection, inventory management, warehousing, quality, production, testing and shipping. 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 Kelly 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 seven (7) ayes. RESOLUTION NO. 3609-06 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 4747 WEST CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR TULIPTREE ASSOCIATES/LLC/PEI-GENESIS, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 4747 West Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: Commencing from the East Quarter of said Section 20, said point being approximately 68.62 feet South of the South right-of-way of Indiana East/West Toll Road (300’ total R/W) thence North 0104’10” West along the East line of the Northeast Quarter of Section 20, 704.03 feet to the point of beginning of this description; (note: The bearing for this description was derived from the recorded documents from the Right-of- Way undertaking); thence North 7734’00” West, along the North right- of-way of Cleveland Road 1346.24 feet; thence North 0038’36” West, 629.12 feet to the South line of the Plat of Clarence A. Gregory’s High Meadows Estates Subdivision; thence North 8937’14” East along the South line of the Plat of Clarence A. Gregory’s High Meadows Estates Subdivision and Hartman DeMaegt Subdivision, as recorded under Book 21, page H4 and Book 27, page H respectively; 1304.45 feet to the East line of the Northeast Quarter of said Section 20; thence continuing along 13 REGULAR MEETING JUNE 26, 2006 the South boundary of Hartmen DeMaegt Subdivision on a bearing of North 8937’14” East, 80.5 feet to a point on a line West 80.5 feet of the West Half of the Northwest Quarter of said Section 21; thence South 0104’10” East, 946.09 feet to a point on the North line of Cleveland Road; thence continuing along the said North line of Cleveland Road on a bearing of North 7734’00” West, 82.79 feet to the point of beginning. and which has Key Number 25-1012-0199.37, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. 14 REGULAR MEETING JUNE 26, 2006 SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of eight (8) 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 Councilmember Kuspa, 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. Mr. Marcel Levin, Attorney, May, Oberfell, Lorber, 4100 Edison Lakes Parkway, Suite 100, Mishawaka, Indiana, and Mr. Phil Panzica, 422 E. Monroe Street, South Bend, Indiana made the presentation for this bill. Mr. Levin advised that Tuliptree Associates, LLC/PEI-Genesis, Inc., core business is the manufacture, assembly, and distribution of electronic components, primarily electronic connectors. The company also designs and manufactures electronic systems, cable assemblies, and specialized connectors and components. They stated that the addition will allow PEI-Genesis to consolidate its North American manufacturing operations. The estimated cost of the addition is $7,250,000. As a result of the expansion, the company will increase its full-time workforce by (12) twelve people. 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 Kelly 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 seven (7) ayes. RESOLUTION NO. 3610-06 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 6140 BRIDGETON LANE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR AUSTIN J. HICKEY 15 REGULAR MEETING JUNE 26, 2006 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 6140 Bridgeton Lane, South Bend, Indiana, and which is more particularly described as follows: A parcel of land being Lot 27 as the same is shown and designated on the plat of Kensington Farms East, P.U.D., Section 6, Part Two, the same being recorded as instrument number 9857462 in the office of the recorder of St. Joseph County, Indiana , and this property has Tax Key Number 23-1050-3201.06be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: 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: 16 REGULAR MEETING JUNE 26, 2006 A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kuspa, 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. Mr. Bernard Feeney, Lang, Feeney & Associates, Inc., 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Feeney advised that Mr. Austin J. Hickey intends to construct a single-family, three to four-bedroom home on a vacant lot located at 6140 Bridgeton. The estimated cost of the home will be approximately $350,000. 17 REGULAR MEETING JUNE 26, 2006 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 Kuspa 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 seven (7) ayes. BILLS, FIRST READING There were no bills for First Reading at this time. UNFINISHED BUSINESS BILL NO. 36-06 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT 1, MICHIANA LUTHERAN EDUCATION ASSOCIATION, INC. & NICAD, INC., NIMTZ PARKWAY AND OLIVE ROAD JUST 1/8 MILE WEST OF THE US 31 BY-PASS Councilmember Pfeifer made a motion to refer this bill to the Zoning and Annexation Committee and set this bill for Public Hearing on July 24, 2006 and Third Reading on August 14, 2006. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. NEW BUSINESS Councilmember Varner stated that he is the Council’s representative to the Michiana Area Council of Governments (MACOG) and filed a letter with the Office of the City Clerk from Sandra Seanor, Director of MACOG, regarding the South Bend Railway Application. PRIVILEGE OF THE FLOOR COMMENTS CONCERNING BILL 29-06 AMENDMENTS TO THE HUMAN RIGHT ORDINANCE Ms. April Odynski, 536 S. Sunnyside, South Bend, Indiana, urged the Council to support the expansion of the Human Rights Ordinance. She stated that she has spoken to the Council before on behalf of the American Association for University of Women, which also supports this Ordinance. She stated that she is speaking as a private citizen, who has friends and family in the LGBT Community and who has neighbors for whom this means a great deal. It had occurred to her as she was reciting the Pledge of Allegiance, that Liberty and Justice for all, really matters in this case. It will take nothing away from those who have civil rights now, to expand the civil rights ordinance and it will mean a great deal to those who are not protected in our community right now. It also seems a really auspicious moment to make this move given the fact that the City Plan is under consideration, there is a lot exciting conversation right now. She thinks about the direction that the community is moving and how we see ourselves as a community and she thinks it would mean an enormous amount to make a real statement that South Bend is a place where all people have rights under the law. Ms. Catherine Pittman, 2628 Summit Ridge Dr. South Bend, Indiana, passed out a newspaper article to the Council. Ms. Pittman stated that she is speaking on behalf of South Bend Equality, and that there is hope that in a few weeks, they no longer will have to hear stories of discrimination spoken from this podium. Because there will be a place for individuals to go. Ms. Pittman stated that they firmly believe that the Human Rights Commission is the appropriate place to take these concerns and not to the legislators. But until the ordinance passes, the Council is the only individuals to whom they can bring these concerns. Ms. Pittman thanked the Council for their time and patience that they 18 REGULAR MEETING JUNE 26, 2006 have taken to listen. She hoped in the near future any individuals who are concerned about discrimination will have a more appropriate place to take their concerns to the experienced and respected Human Rights Commission. Ms. Abbey Smith, 426 Marquette, South Bend, Indiana, stated that she is a member of South Bend Equality. Ms. Smith is an owner of a business in downtown South Bend, called Intrigue Counseling. It is a small counseling center. She has been a psyco- therapist for twenty-six (26) years. She would like to share a couple of stories. The first is a couple, two men that have been together eighteen (18) years. One is an adjunct professor at I.U.S.B., the other is a Director at one of the non-profit organizations and they both have learned the tricks that we all have learned to hide our preferences our relationship and the need to stay employed. The reason that they came to her was that one was suffering from a long-term illness with no insurance and that caused some stress in the relationship. So discrimination is happening right here in South Bend and we learn how to work around it to the best of human ability. Here are two men that have been providing very important services in South Bend. The second is about a little girl who is seven (7) years old, she goes to one of the public schools in South Bend, she has two mothers. The mothers had to make sure that the public school was going to be tolerant of her family, tolerant of what she came home to, and tolerant of the fact that they want participate in PTA, school conferences and be very active in this little girls education. They had to be strategic and educational, although there are some schools here that have been very open. It is everywhere, its here, you can’t hide from it, you can’t pretend that it doesn’t exist. Ms. Smith stated that they are lawyers, doctors, teachers, everywhere. She stated that they have a right to be protected. COMMENTS BY MS. RITA KOPALA CONCERNING FALSE REPORTING BY THE SOUTH BEND TRIBUNE Ms. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, stated that she attended the June 15, 2006, meeting concerning the railroad line going to the University of Notre Dame. She indicated that the meeting moved into the Council Chambers due to the large number of people attending. Ms. Kopala advised that she sat in her same seat that she always sits in and tape recorded the meeting like she always does. Ms. Kopala stated that she was shocked when she opened the South Bend Tribune Newspaper the next day following the meeting to find a picture of where she was standing in the Council Chambers had been altered to leave her out of the scene. Ms. Kopala reiterated that you cannot believe what you read or see in the South Bend Tribune.She would like to see better representation from the newspaper. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 7:55 p.m. ATTEST: ATTEST: __________________________ ___________________________ John Voorde, City Clerk Timothy A. Rouse, President 19