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HomeMy WebLinkAbout07-24-06 Council Meeting Minutes REGULAR MEETING JULY 24, 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, July 24, 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: Derek D. Dieter 1st District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Vice-President Ann Puzzello 4th District David Varner 5th District Ervin Kuspa 6th District Al “Buddy” Kirsits At-Large Timothy Rouse At-Large President Absent: Karen L. White At-Large Chairperson Committee of the Whole 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 July 10, 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 Kelly made a motion that the minutes of the July 10, 2006, meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 3614-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING BASEBALL HEAD COACH PAUL MAINIERI FOR A STELLAR COACHING CAREER AT THE UNIVERSITY OF NOTRE DAME AND WISHING HIM THE VERY BEST AS HE TH BECOMES THE 25 LSU BASEBALL HEAD COACH 1 REGULAR MEETING JULY 24, 2006 Whereas, the Common Council of the City of South Bend, Indiana, recognizes that Head Baseball Coach Paul Mainieri won 533 games while directing the University of Notre Dame’s baseball program, and took the Fighting Irish to nine (9) NCAA Tournaments during his tenure; and Whereas, the Common Council is especially proud to recognize that from 1995-2006, Coach Mainieri established “an unparalleled standard of excellence” for his student- athletes and coaches as epitomized by rolling up eleven (11) 40-win seasons; nine (9) conference titles and a berth in the 2002 College World Series, with that berth being Notre Dame’s first CWS trip since 1957; and Whereas, under Coach Mainieri, the Notre Dame Baseball Team had a .728 winning percentage during the decade o the 2000s with a record of 324-120-3; and his 2004 team turning the historic 51-12 record; and Whereas, during Coach Mainieri’s tenure at Notre Dame, he had 100% graduation rate among players who completed their eligibility, with Notre Dame being the only Division I baseball program to produce Academic All-Americans each year from 2000 to 2004; and with the 2006 baseball team having a 3.28 team GPA during the spring semester. Now, Therefore be it resolved, by the Common Council of the City of South Bend, Indiana as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends, congratulates and sincerely thanks Head Baseball Coach Paul Mainieri for his professional and caring leadership in guiding the student-athletes of the University of Notre Dame’s Baseball Teams to become on e of the nation’s elite college baseball programs and for all the great memories he and his team have provided during his twelve (12) action-packed seasons. Section II. Head Baseball Coach Paul Mainieri, a former Chicago White Sox st farmhand, and the 1 civilian Head Baseball Coach at the Air Force Academy, before coming to the University of Notre Dame, leaves the MD Program in excellent shape because of his focus and daily emphasis on academics, professionalism, ability, enthusiasm, as reflected by Coach Mainieri becoming the winningest coach in Big East regular-season history in 2003; being the nation’s only coach to repeat as American Baseball Coaches Association’s Mideast Regional Coach of the Year in 2002; contributing countless house of his time and resources to our community such as Coach Mainieri’s establishment in 2002 of the Opening Night Dinner which has brought in such notables as Tommy Lasorda, Jim Hendry, John Grisham, and Roger Clemens, with the Joyce Center being sold out for each event with over 1,800 people being in attendance. Section III. The South Bend Common Council wishes Head Baseball Coach Paul Mainieri, his wife Karen, and their children Nicholas, Alexandra, Samantha & Tom all the best as they embark on new career challenges & experiences on the college baseball diamond as Coach Mainieri becomes LSU’s Head Baseball Coach and re-locate to Louisiana; and hope that they will return to visit South Bend often. Section IV. 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/Timothy A. Rouse, At Large rd s/Roland Kelly, 3 District s/Al “Buddy” Kirsits, 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, Attorney s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor 2 REGULAR MEETING JULY 24, 2006 Councilmember Roland Kelly, 1325 E. Wayne, South Bend, Indiana, made the presentation for this bill, by first offering his comments and then reading the Resolution in its entirety and presenting it to Nick Mainieri, son of Paul Mainieri. 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. Nick Mainieri, son of Coach Paul Mainieri thanked the Council for this honor on behalf of his father. Nick stated that his dad is currently in Louisiana, recruiting players for the team. Additionally, Councilmember Dieter offered comments and thanked Coach Mainieri and his family for being such a great part of the South Bend Community and wished them all the best in future. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Dieter seconded the motion which carried. RESOLUTION NO. 3615-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP, MICHIANA LUTHERAN EDUCATION CENTER ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 8.8 acres of vacant, unimproved land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 43% contiguous, generally located south of Nimtz Parkway and to the east of Olive Road approximately 1/8 mile west of the St, Joseph Valley Parkway. It is anticipated that the annexation area will be developed as a Parochial School. This institutional use will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services 3 REGULAR MEETING JULY 24, 2006 provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, The Board of Public Works for the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy which the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in German Township, St. Joseph County, Indiana, be annexed to the City of South Bend: That part of the Northwest Quarter of Section 30, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana, which is described as: Beginning at a point of intersection of the North line of said Section 30 and the East line of the Northwest Quarter of the Northeast Quarter of said Northwest Quarter; thence S. 00°–00’-26” E. along said East line a distance of 664.01 feet more or less to the North line of the Plat of “Miller-Owens Minor Subdivision” as recorded in the Records of the St. Joseph County, Indiana, Recorder’s Office; thence along the North line of said Plat and its Westerly extension the following three (3) courses, N. 89°–59’-13” W. (Rec. West), a distance of 511.48 feet more or less and S. 01°–25’-54” W. a distance of 27.31 feet more or less and S. 90°–00’-00” W. a distance of 168.50 feet more or less to the West right-of-way line of Olive Road; thence N. 01°-21’-34” E. along said West line a distance of 256.65 feet more or less; thence N. 90°–00’-00” E. a distance of 168.50 feet more or less to the Westerly line of a Parcel of ground described in Deed Document No. 8834301 in the Records of said Recorder’s Office; thence N. 00°–01’-09” E. along said Westerly line and the Westerly line of a parcel of ground described in Deed Document No. 8800640 in the Records of said Recorder’s Office a distance of 430.66 feet more or less to the North line of said Section 30; thence N. 89°– 42’-47” E. along said North line a distance of 511.39 feet more or less to the point of beginning. Containing 8.79 acres more or less. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. 4 REGULAR MEETING JULY 24, 2006 Section III. That the South Bend Common Council shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit “A”, and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer network is available with capacity sufficient to service this area; that street lighting, parking lots and roads will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Section IV. The developer shall give very careful consideration to vehicular access and circulation as well as pedestrian movement for the annexation area. If possible, the site should include open space that could be linked in the future to other areas nearby as part of a larger open space network. It should also be required that neo- traditional building/site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality. Water as well as sewer service is available in sufficient capacity and it is required that the developer will pay the costs of sewer and water extensions to the project site as needed. Building plans and other information to satisfy these requirements must be finalized between the Developer and the City before the annexation is effective. s/Timothy A. Rouse Member of the Common Council Councilmember Kuspa , Chairperson, Zoning and Annexation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Marco Mariani, Assistant Director, Division of Community of Development, Community & Economic Development Department, 1200 County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Mariani stated that this bill proposed to voluntarily annex contiguous territory in German Township to the City of South Bend. This annexation is a 8.8 acre parcel generally located south of Nimtz Parkway and to the east of Olive Road approximately 1/8 mile west of the St. Joseph Valley Parkway. It is anticipated that the annexation area will be developed as a Parochial School. All public improvements, if any, will be required to be done at the expense of the developer. Significant light industrial development and residential uses are anticipated in the future. Resulting, traffic volume is anticipated to increase and vehicular patterns will be altered. In consideration of pedestrian safety and proper vehicular movement, it should be required as a condition of annexation that the Developer give very careful consideration to vehicular access and circulation as well as pedestrian movement for the annexation area. If possible, the site should include open space that could be linked in the future to other areas nearby as part of a larger open space network. It should also be required that neo-traditional building/site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality. Building plans and other information to satisfy these requirements must be finalized between the Developer and the City before the annexation is effective. 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. Councilmember Dieter made a motion to adopt this Resolution. Councilmember Puzzello seconded the motion which was carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 5 REGULAR MEETING JULY 24, 2006 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:20 p.m., Councilmember Pfeifer 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 Kelly, presiding. Councilmember Kelly 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. 36-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, 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 Kuspa, Chairperson, Zoning and Annexation 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. Ms. Jacqueline Sells Homann, President, Board of Directors, Michiana Lutheran Education Association, Inc., Attorney at Law, 600 Key Bank Building, 202 South Michigan Street, P.O. Box 4577, South Bend, IN 46634, made the presentation for this bill. Ms. Homann advised that Mr. Phil McClure is also present who is the Facility Chairperson, Michiana Lutheran Education Association Inc. MLEA is association of Lutheran Churches here in this area. They have been operating Resurrection Lutheran Academy since 1998. The current school is located at St. Paul Lutheran Church on Auten Road, and are outgrowing this facility. So several years they have been looking for a suitable location for the school in the South Bend/Mishawaka Area. They went through a number of feasibility studies to determine what would be the best location those feasibility studies identified both the northwest portion of South Bend as well as the Southwest portion of Mishawaka as possible locations for the school. This location seems to be the obvious location to put Resurrection Lutheran Academy. In light of the feasibility studies that had already been done. They have been working for several years for the proposed development on Resurrection Lutheran Academy at this location. The location is on Nimtz Parkway and Olive Road. They own a portion on Olive Road and most of the frontage is on Nimtz Parkway. They have been working with a developer and an architect regarding this development. They do meet the requirements of the Indiana Code and believe this annexation will be good for South Bend because it will support the Blackthorn Development and the northwest residential developments. They have had the opportunity to talk with some of the neighbors, who are happy to have them there, they think. They have not received any negative comments from any of the neighbors. They believe that it is good for the educational system in the area of South Bend. The northwest portion of the city, does not have a lot a parochial or private school opportunities there. They believe that this is an appropriate spot to offer some additional educational opportunities in that area. They are into the design phase for the school, which they hope to open by fall of 2007. They are proposing a 23,000 square foot school with grades ranging from pre-school through eighth grade. It will house 220 children, with room to expand on the site, and also have room for sports facilities, such as soccer, baseball fields, and also house a junior high size gymnasium inside the school facility. They are happy to work with the City and its requirements to make sure that they meet all 6 REGULAR MEETING JULY 24, 2006 of the buffers and all the other things that are necessary so that they fit nicely within the Blackthorn Development. They are working with the designer so that this facility is very attractive, and will mix with other construction in the Blackthorn Development. This will help with businesses already out there, because the folks that work out there will have someplace to bring their children both pre-school and K-8. They will be open not only to Lutheran Children, but to all the children in the community. They are proud to have a scholarship fund already for such a new school, which is a rarity, so that they can offer scholarships to children to apply Resurrection Lutheran Academy. Mr. Phil McClure - Facility Chairperson, Michiana Lutheran Education Association Inc., stated that they look forward to the opportunity to put the shovel in the ground and start construction. Mr. McClure advised that it is going to be a real push for them to get the building up and equipped and the children moved in there for the 2007 school year. 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 Kirsits stated that it is very nice to have a new school being built. But often times its cost prohibitive for some people but reminded Michiana Lutheran Academy, that it would great to put in sprinkler system, it would be a break on the building insurance and a great safety feature. Additionally, Councilmember Kirsits 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. Councilmember Puzzello made a motion to set this bill for third reading on August 14, 2006. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 19-06 PUBLIC HEARING ON A BILL OF 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 Varner made a motion to continue this bill until the August 14, 2006 meeting of the Council and send it to the Utilities and Public Works and Property Vacation Committee. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 27-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 19, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR ENACTMENT OF PARK RULES Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dieter, Chairperson, PARCS Committee, reported that this committee met on this substituted bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Mr. Thomas Bodnar, Assistant City Attorney, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. 7 REGULAR MEETING JULY 24, 2006 Mr. Bodnar advised that in Section 2-137 of the South Bend Municipal Code the Common Council has authorized the Parks Department to operate under the provisions of IC 36-10-4. While IC 36-10-4-9 clearly gives the Park Board the authority to set rules, a recent Indiana court case has cast doubt that this general power extends to the enforcement of the rules by expulsion if necessary, absent Common Council authorization. Mr. Bodnar further noted that while rare, there are occasions when a person can pose a direct threat to staff or other park patrons or is otherwise so disruptive to park programs and offerings that others cannot enjoy them. Passage of this ordinance will greatly enhance efforts to control such problems. Mr. Phil St. Clair, Park Superintendent, 321 E. Walter Street, South Bend, Indiana, stated that signs will be posted indicating violations, fines and codes of conduct. 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 for favorable recommendation to full Council concerning this bill as substituted. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 41-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $514,000 FROM EDIT FUND 408 AND $70,730 FROM EMERGENCY MANAGEMENT FUND 288 FROM THE FIRE STATION NO. 2 CONSTRUCTION PROJECT AND EQUIPMENT Councilmember Pfeifer made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Rouse made a motion to amend the substitute bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Ann Puzzello, Vice-Chairperson, PARCS Committee, reported that this committee met this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Councilmember Al “Buddy” Kirsits disclosed that he is a member of the South Bend Fire Department and after discussion with Council Attorney Kathleen Cekanski-Farrand it has been determined that there is no conflict of interest. Fire Chief Luther Taylor, Michigan Street, South Bend, Indiana, made the presentation for this bill. Chief Taylor advised that the project for construction of a new Fire Station No. 2 was previously approved by the Common Council. However, the contract bids exceeded the estimates upon which initial approval was based, and in order to undertake this necessary and desirable project an additional appropriation was needed. The amendment is to strike the word management from fund 288 and replace with medical. Chief Taylor further noted that Economic Development Income Tax (EDIT) funds of $514,000 are available in Fund 408 for this purpose and a smaller sum of $70,730 is available in Emergency Medical Fund No. 288. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 8 REGULAR MEETING JULY 24, 2006 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 substituted bill as amended. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 42-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FUNDING $20,300.00 FROM CDBG PROGRAM INCOME TO VARIOUS ACCOUNTS WITHIN FUND 212 “COMMUNITY DEVELOPMENT” IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Councilmember Roland Kelly, Chairperson, Community and Economic Development Committee reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Elizabeth Leonard, Director, Financial & Program Management, Community and Economic Development, 1200 County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill will provide an additional $20,200 in CDBG Program Income funds for administration activities. These funds were reduced in the original 2006 allocations because of the reduction of CDBG entitlement funds. The proposed additional funding is to increase the administration budgets for South Bend Heritage and Near Northwest Neighborhood to 2005 levels.Program income has been received from the repayment of old CDBG loans at a higher level than expected in 2006. This allocation of funds was made public June 23, 2006 for a 30 day public comment period. The allocation was also the subject of 1 public hearing on July 5, 2006. 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 Puzzello made a motion for favorable recommendation to full Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Pfeifer made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by voice vote of eight (8) ayes. ATTEST: ATTEST: _________________________ ______________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole 9 REGULAR MEETING JULY 24, 2006 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 7:45 p.m. Council President Timothy A. Rouse presided with eight (8) members present. BILLS, THIRD READING ORDINANCE NO. 9685-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 19, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR ENACTMENT OF PARK RULES This bill had third reading. Councilmember Varner made a motion to consider the substitute version of this bill. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight ayes. Additionally, Councilmember Varner made a motion to pass this bill as substituted. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9686-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $514,000 FROM EDIT FUND 408 AND $70,730 FROM EMERGENCY MEDICAL FUND 288 FOR THE FIRE STATION NO. 2 CONSTRUCTION PROJECT AND EQUIPMENT This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill as amended in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight ayes. Additionally, Councilmember Dieter made a motion to pass this bill as substituted and amended in the Committee of the Whole. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9687-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FUNDING $20,300.00 FROM CDBG PROGRAM INCOME TO VARIOUS ACCOUNTS WITHIN FUND 212 “COMMUNITY DEVELOPMENT” IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 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. 3616-06 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 1215 SOUTH WALNUT STREET AN 10 REGULAR MEETING JULY 24, 2006 ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE 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 Lock Joint Tube, South Bend, Indiana, and which is more particularly described as follows: A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest ¼ of Section 14, and the Northeast ¼ of Section 15, Township 37 North, Range 2 East, bounded by the following described line: Beginning at a point in the West line of Walnut Street, 682.75 feet south of the South line of Sample Street, which point is 31 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deed recorded in Deed Record 118, Page 428 and Deed record 121, Page 320; thence on an assumed bearing of South 000’49” East along said West line of Walnut Street, 556.95 feet; thence South 8955’05” West, 1200 feet; thence North 000’49” West parallel with said West line of Walnut Street 589.19 feet to a point 651.75 feet south of the south line of Sample Street or the produced South line of the tract conveyed to F.C. Raff, recorded in Deed Record 172, Page 641; thence South 8957’10” East along the South line above described tract produced East, 295 feet; thence South 000’49” East parallel with the West line of Walnut Street, 31 feet; thence North 8957’16” East, 905 feet to the place of beginning, containing 15.565 acres, more or less. and which has Key Number 18-8021-0845.04 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. WHEREAS, a review of the South Bend Redevelopment designation areas finds that the property is located in the Sample-Ewing Business District, which is a Tax Incremental Allocation Area; therefore, the petition for personal property must first be approved by the South Bend Redevelopment Commission. WHEREAS, a review of the South Bend Urban Enterprise Zone finds that the property is located in the Urban Enterprise Zone Area and may qualify for the Enterprise Zone Investment Deduction under I.C. 6-1.1-45 for the same property. 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; 11 REGULAR MEETING JULY 24, 2006 b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. The Common Council hereby determines that should the Company receive the Enterprise Zone Investment Deduction under I.C. 6-1.1-45 for the same property, this Tax Abatement designation shall become null and void. The Company may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6-1.1-45 for the same property. 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 Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. 12 REGULAR MEETING JULY 24, 2006 Mr. Richard Deahl, Attorney at Law, Barnes & Thornburg, LLP, 100 North Michigan Street, Suite 600, South Bend, Indiana, made the presentation for this bill. Mr. Deahl advised that the project consists of the acquisition and installation of new machinery and equipment including, without limitation, milling and fabricating equipment for use in Lock Joint Tube’s Walnut Street facility. The equipment will increase the efficiency and accuracy of precision milling and fabrication, as well as reduce scrap steel in the company’s operation. Investment in this new equipment will support the company’s ability to cut and fabricate heavier gauge steel with more precision, thereby enhancing the company’s position with a competitive market. The projected cost for the equipment is estimated between $2.2 and $3.2 million. Total taxes abated during the five –year abatement period range from $134,451 to $195,565, depending upon the final amount the company will invest in the new equipment. Additionally, Lock Joint Tube is undecided, at this point in time, as to whether or not they will file using the Urban Enterprise Zone designation, which carried an abatement period of (10) ten years.Should the company elect to pursue the UEZ designation, the Tax Abatement designation will become null and void. 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 eight (8) ayes. RESOLUTION NO. 3617-06 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 PORTAGE PRAIRIE DEVELOPMENT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (9) YEAR REAL PROPERTY TAX ABATEMENT FOR HURON PARTNERS, L.P. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known Portage Prairie Development South Bend, Indiana, and which is more particularly described as follows: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER, SAID CORNER BEING MARKED BY A HARRISON MONUMENT; THENCE SOUTH 0° 12 MINUTES 46 SECONDS EAST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1517.36 FEET; THENCE NORTH 89° 44 MINUTES 25 SECONDS EAST, A DISTANCE OF 500.96 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89° 44 MINUTES 25 SECONDS EAST, A DISTANCE OF 502 FEET; THENCE SOUTH 0° 15 MINUTES 35 SECONDS EAST, A DISTANCE OF 1150 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89° 57 MINUTES 13 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 502.01 FEET; THENCE NORTH 0° DEGREES 15 MINUTES 35 SECONDS WEST A DISTANCE OF 1147.32 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 13.238 ACRES, MORE OR LESS. and which has no Key Number at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common 13 REGULAR MEETING JULY 24, 2006 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. 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 (9) nine years. 14 REGULAR MEETING JULY 24, 2006 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 Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Frank Perri, Holladay Properties, 227 South Main Street, South Bend, Indiana, made the presentation for this bill. Mr. Perri advised that Huron Partners will be constructing a $5,000,000 development known as the “Huron.” It is a speculative, 150,000 square-foot, light industrial building that will house multiple tenants performing a variety of business functions, such as medical supply company, data storage facility, or printing company. The building will be constructed using pre-cast concrete panels. The building will be the first improvement of the Portage Prairie project, which expects to produce over $350 million in private investment. It is extremely important that the first building be successful, as it will provide momentum for the Portage Prairie project, which has an expected built out of 12 to 15 years. Total taxes abated during the (9) year period is $847,679. Councilmember Pfeifer stated that she wishes the project every success. She hopes that the developers understands that the Council has to be very conscious of where the tax dollars are taken from in terms of development inside and outside of the City. Councilmember Pfeifer stated that Mr. Phair made a promise that they would not be enticing any businesses already existing in the City of South Bend. In addition to that, the Council has to look at leveraging tax dollars to help development. She stated that she has some concerns about speculative buildings. Councilmember Kelly stated that the spec building concept and what it means to have buildings like this available for companies who might be looking to locate and see nothing on the horizon. Obviously, this is a benefit to the developer and to the community. Mr. Perri reiterated that Holladay embarked on a couple of previous large speculative projects totally 180,000 square feet and found three new businesses to the South Bend Community. Companies from Chicago, Cleveland and one from further west, Nebraska. The came into the community and over 100 jobs were produced from those companies. Also an expansion from a company that was already here. Mr. Perri stated that what he believes will happened here, is that they will start to see some growth in building this building and risking the speculative nature of this project with no tenants. They hope to meet what is called a market demand, and the high quality nature of the building is just hopefully going to raise the bar a little bit for the community called Portage Prairie, which they hope to bring more development to everyone’s attention in the future. Mr. Perri thanked the Council for all of their support, and hope that they can replicate what they have been able to do in other buildings for the City and it’s citizens. Councilmember Rouse stated that this is the type of thing that this Council and this City must be prepared to do. He stated that they must reach across the bar, not make the same mistakes that were made at University Park Mall, by putting their heads in the sand and say well, it will go away. These kinds of risk need to be taken and what the City needs is more partners like the Holladay Corporation that is willing to partner with the City and go out and find new and innovative ways to find partners to bring jobs and people into 15 REGULAR MEETING JULY 24, 2006 the City. This is the real answer to concerns that this Council is facing such as high property tax, lack of people, deteriorating structures. Councilmember Rouse stated that he is hopeful that they will have more partnerships in this manner that will not only spread into Portage Prairie but into other areas of this great City and turn it around and st become that 21 Century City that we hope we will be. A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of this bill: th Mr. Don Inks, Director, Economic Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, residing at 1820 Portage Avenue, South Bend, Indiana, advised that he was going to make several remarks this evening. Mr. Inks stated that Councilmember Rouse beat him to the punch. Mr. Inks stated that this is a great project for the City of South Bend. It kicks off a 450 acre development starting with a spec industrial building, but there is much, much more to come out in Portage Prairie. This will be great not only for South Bend on the edge of the City, but there will be benefits that will spill over into the inner-city. This project will be great for all of South Bend for the edge of the City as well as the inner City. The City of South Bend supports this project and supports the abatement. Councilmember Pfeifer asked Mr. Inks to state in which ways this project will spill over into the City. Mr. Inks responded that this project will have a very positive impact on the assessed value in the City of South Bend that will impact the tax rate or the tax revenue depending on how the taxes are structured moving forwarding. This project is over 300 million dollars of new private investment which will have a significant impact on the City’s tax base. Ms. Sharon Kendall, Executive Director, Community and Economic Development th Department, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that she rarely gets up to make comments on projects. However, there were a couple of things that came up in committee this afternoon that need to be reiterated. There have been a number of times when the State of Indiana has sent projects out over their web portal that they have, and the City of South Bend has not been able to respond to, because the City does not have available space for those projects, that fit the parameters of the projects. Projects like the Huron Building will give the City that opportunity to do so, and get the City into the game into a very timely manner. It will also give the City the opportunity to have what Mayor Luecke referred to as shovel ready sites, for businesses that want to get up and running and construct facilities very quickly in the City of South Bend. We don’t have too many of those areas of the size that will be afforded to the City by Portage Prairie in the near future and now. She also stated that it is very important to remember that this is a very unique type of project, the City has not seen anything like this in the City of South Bend and it will truly be a regional draw that will bring in a number of people from around the Midwest into the Community to live, work, play and spend their money and their tax dollars. She urged the Council’s favorable support for this project. Councilmember Pfeifer stated that Ms. Kendall understands that the citizens of the City are always looking for opportunities for employment. The citizens want to know when the City takes their tax dollars and support an investment; they want to know if that means jobs for people who live in the City? They want to know if that means opportunities for them to fix up their homes, they want to know if it is going to impact the school, so obviously, you can appreciate, that when people see the Council supporting an investment, that they want to know if people that live in the City are going to work here. One of the things that happens unfortunately, not necessarily here, but that sometimes the local contractors according to some of the union representatives, going around, or go through the backdoor, and don’t hire union workers, so part of what the Council’s responsibility is to make sure that when they support investment, they should make sure that the people who live in the City are benefiting not only by having the taxes, 16 REGULAR MEETING JULY 24, 2006 which effects all of us, people want jobs, people want things like that.That is also a part of the Council’s and the City’s responsibility. Ms. Kendall stated absolutely that is part of her responsibility also. The following individuals spoke in opposition to this bill: Ms. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, stated that she attends these meetings all the time, and she sees where farm land is being used up and the City sits with big empty lots, buildings going down, and people renting properties and leaving the property because they cannot afford to pay for them. She stated that enough has been done for Portage Prairie. She is very disappointed to see this abatement, for a speculative building with no tenants. There was no one else 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 Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3618-06 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 4260 RALPH JONES DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (7) SEVEN YEAR REAL PROPERTY TAX ABATEMENT FOR LNW PARTNERS, LLP, D/B/A WE R XHIBITS, 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 4260 Ralph Jones Drive, South Bend, Indiana, and which is more particularly described as follows: TOLL ROAD INDUSTRIAL PARK, SECTION 5, LOTS 12A AND 12B, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. and which has Key Number 25-1013-0211.16 and 25-1013-0211.17, 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: 17 REGULAR MEETING JULY 24, 2006 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. 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 (7) seven 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 18 REGULAR MEETING JULY 24, 2006 Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. William Henningfield, 16249 Wellington Parkway, Granger, Indiana, made the presentation for this bill. Mr. Henningfield advised that LNW Partners, LLP, d/b/a We R Xhibits, Inc., is a full- service exhibit business that designs and manufactures trade show exhibits. They provide a full line of services from the design and manufacture of exhibits, to trucking the clients’ exhibits to their destination, to set up and break down of the exhibits and, finally, storage of the clients’ trade show exhibits. The company plans to construct a 13,500 square foot addition onto the existing 24,000 square foot building. The new structure will permit the petitioner to store the clients’ exhibit properties, as well as allow the firm to expand its manufacturing area. The addition will also be used as an exhibit set-up area to facilitate production, refurbishing, and client viewing. The estimated cost of the addition is $300,000. Total taxes abated during the (7) seven –year abatement period is $40,914. 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 eight (8) ayes. BILLS, FIRST READING BILL NO. 43-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $186,781 OUT OF FUND 641 TO PAY COSTS FOR INCREASED WATER WORKS MANAGEMENT FEEDS This bill had first reading. Councilmember Kirsits made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on August 14, 2006. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 44-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE SOUTH BEND, INDIANA APPROPRIATING $60,365 OUT OF FUND 611 TO PAY COSTS FOR ADDITIONAL SOLID WASTE CONTAINERS This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on August 14, 2006. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. 19 REGULAR MEETING JULY 24, 2006 BILL NO. 45-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $159,145 OUT OF FUND 649 TO MAKE THE FIRST INTEREST PAYMENT OF THE 2006 SEWAGE WORKS REVENUE BOND This bill had first reading. Councilmember Kirsits made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on August 14, 2006. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 46-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 2, RESIDENTIAL DISTRICTS AND ARTICLE 7, GENERAL REGULATIONS TO CLARIFY PARKING IN RESIDENTIAL ZONING This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission and refer it to the Zoning and Annexation Committee for Public Hearing and Third Reading on August 28, 2006. Councilmember Varner seconded the motion which carried by a voice vote of eight ayes. BILL NO. 47-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT SOLICITATION IN THE STREETS This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on August 14, 2006. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held July 18, 2006. BILL NO. 30-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1954 PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on August 14, 2006. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. 20 REGULAR MEETING JULY 24, 2006 BILL NO. 32-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4324 SOUTH MICHIGAN STREET AND 119 NORMAN STREET, COUNCILMANIC DISTRICT NUMBER FIVE (5) IN THE CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Pfeifer made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on August 14, 2006. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS Councilmember Varner reported that MACOG (Michiana Area Council of Governments) met last week and discussed the next steps in the U.S. 31 South Project. Councilmember Roland Kelly reported that the Area Plan Commission met last week and his report is on file in the office of the City Clerk. Councilmember Rouse reported that the Waste Management Board met to discuss the budget for 2007. PRIVILEGE OF THE FLOOR Mr. Robert Holmer, 127 N. Sheridan, South Bend, Indiana, stated that he discussed his support for the ordinance at his workplace, Wal-Mart, one of his co-workers became uncomfortable. The employee reported him to a manager and said that he seemed to have “gay tendencies.” Mr. Holmer stated that he is heterosexual, and that Wal-Mart protects employees from sexual orientation discrimination. Mr. Holmer stated that if he worked anywhere else in the city, that he could have lost his job because of his co-worker’s complaint. Mr. David Carter, 320 Milburn Ct., Mishawaka, Indiana, stated that he is a Mishawaka resident, who owns property in South Bend. Mr. Carter stated that the Council’s decision on this issue is egregious. Discrimination against gays in employment, housing and education is still happening as well as gay bashing in the city. Mr. Carter stated that he has a friend in South Bend who was severely beaten for being gay. Ms. Rhonda Redman, 518 N. Scott, South Bend, Indiana, thanked all of the Council Members for their hard work on the issue, particularly Councilmember’s Pfeifer and Kelly for sponsoring the ordinance. Ms. Redman stated that as a child, her mother taught her that “anything that is worthwhile is worth fighting for.” Ms. Redman advised that it’s sad gays have to fight for the right to be treated fairly. She added that if it takes a fight, then that’s what her mom taught her to do. She stated that’s what she will continue to do. She thanked the Council again for all of their hard work, and noted that she would like to tell everyone that it is over, but she doesn’t think that as of yet. 21 REGULAR MEETING JULY 24, 2006 ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 8:24 p.m. ATTEST: ATTEST: __________________________ ___________________________ John Voorde, City Clerk Timothy A. Rouse, President 22