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HomeMy WebLinkAbout09-11-06 Council Meeting Minutes REGULAR MEETING SEPTEMBER 11, 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, September 11, 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 Ann Puzzello 4th District 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 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 August 28, 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 Puzzello made a motion that the minutes of the August 28, 2006, meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS SWEARING IN OF DANIEL OSBERGER AS A MEMBER OF THE CENTURY CENTER BOARD OF MANAGERS BILL NO. 06-97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING SEPTEMBER 25, 2006 THROUGH SEPTEMBER 30, 2006 AS RACE EQUALITY AND INCLUSIVE COMMUNITIES WEEK IN SOUTH BEND, INDIANA 1 REGULAR MEETING SEPTEMBER 11, 2006 Councilmember Pfeifer made a motion to continue this bill until the September 25, 2006 meeting of the Council. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. REPORTS OF CITY OFFICES DIRECTOR OF PUBLIC WORKS – GARY GILOT Mr. Gilot advised that South Bend took over the Erosion and Sediment Control Program review by new ordinance effective September 1, 2006. No new plans have been submitted as of yet. The development activities that are ongoing received their permits through IDNR and local Soil and Water Conservation office. He stated that they have prepared for their new responsibility of this program by developing checklists for project designers, plan review, and inspections. We are ready and expect we will see an influx of requests this winter and nest spring lining up developments for 2007. They have provided 3 education seminars for contractors and developers over the past year to emphasize outreach and education over enforcement approach. There will be continuing contractor and developer education on erosion and sediment control products. They have started compliance inspection aspect of enforcement of the ordinance through our Engineering Inspection division of the Public Works Department including monitoring the upkeep of erosion control measures and sediment clean up at developments under construction. He stated that although they are not requiring sites to stay clean before the ordinance, now we have the clearer authority/responsibility to require corrective or as a last resort enforce disciplinary action. Mr. Gilot stated that the bottom line is that it’s a new program, with not too much to report as of yet, but his is prepared to administer the ordinance. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 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 eight (8) ayes. Councilmember White, 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. 40-06 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 273 FEET TO THE SOUTH OF 1424 SLATER DRIVE, LOT 53 IN LAFAYETTE FALLS, SECTION FOUR, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Ervin 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. th Mr. Robert Nemeth, Staff Planner, Area Plan, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Commission. Mr. Nemeth advised that the Petitioner is requesting a zone change from “SF1” Single and Two Family to “SF2” Single and Two Family to allow smaller single-family residential lots. On site is agricultural land zoned “SF1” Single Family. To the north is a agricultural and residential land zoned “SF1” Single Family. To the east is agricultural land zoned “SF1” Single Family. To the south is agricultural land zoned “SF1” Single Family. To the west is agricultural land zoned “SF1” Single Family. The “SF2” Single Family Residential District is established to protect, promote and maintain the 2 REGULAR MEETING SEPTEMBER 11, 2006 development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. On June 6, 2004, the City of South Bend annexed 116 acres of property, which became the Lafayette Falls subdivision. This property requesting rezoning is located within and will be a part of the Lafayette Falls Phase III Subdivision with 142 lots over 50 acres. The Plat Committee will consider granting the subdivision Primary Major approval on September 7, 2006 (#6017-06-P) The purpose of this “SF2” rezoning is to allow 43 residential lots to be developed on minimum 4,000 square foot lots with 40 feet of lot frontage. In contrast, the “SF1” district requires minimum 6,000 square foot lots with 60 feet of lot frontage. Slater Drive is the closest access street. Slater Drive is proposed to be extended south to connect with petitioned area. The property will be connected to City of South Bend water and sewer. Comprehensive Plan Policy Plan Principle neighborhood quality, Goal 3: Strengthen the neighborhoods of the County and its municipalities. Objective C: Encourage new development to take place in traditional neighborhood forms. Policy ii: Low density multi-family and single-family residential lots should not have direct access to arterial streets. The rezoning is consistent with the Comprehensive Plan neighborhood policy. The Land Use Plan does not recommend the area for a specific use. The character of the area is single family development. The surrounding property values should be conserved with single family development. It is responsible development and growth to allow property to be developed in similar use as the surrounding area. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. The rezoning is consistent with the Comprehensive Plan neighborhood objective, which is to encourage new development. The rezoning is compatible with the surrounding single family zoning and land uses. It is responsible development and growth to all property to be developed in similar use as the surrounding single family area. Mr. Derek Spier, A.I.C.P., 750 Lincoln Way East, South Bend, Indiana, made the presentation on behalf of the owner Kendall-Weiss, L.L.P. Mr. Spier advised that this bill would allow for the zone change from “SF1” Single and Two Family to “SF2” Single and Two Family, property located approximately 273 feet to the south of 1424 Slater Drive (Lot 53 in Lafayette Falls, Section Four), City of South Bend . This rezoning is consistent with the Comprehensive Plan neighborhood objective, which is to encourage new development. The rezoning is compatible with the surrounding single family zoning and land uses. 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 concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 54-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $10,000 OF RESERVE FUNDS RECEIVED FROM THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) WITHIN HUMAN RIGHTS FUND #258 FOR THE PURCHASE OF A NEW COLOR COPIER/PRINTER Councilmember Pfeifer, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Crystal McCain, Senior Investigator, Human Rights Commission, 301 S. St. Louis Blvd, South Bend, Indiana, made the presentation for this bill. 3 REGULAR MEETING SEPTEMBER 11, 2006 Ms. McCain advised that the proposed bill would appropriate funds from the EEOC federal budget to allow the South Bend Human Rights Commission to purchase a photocopier. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Pfeifer made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 55-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007 AND ENDING DECEMBER 31, 2007, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 56-06 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2007, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 57-06 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2007 Councilmember Pfeifer made a motion to combine these bills for purposes of Public Hearing. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Pfeifer, Chairperson, Personnel & Finance Committee advised that no formal action was taken due to the on going budget hearings. There will ththth continued budgetary hearings on September 14, 16 and 18, 2006. th Mayor Stephen J. Luecke, 14 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana made the presentation for this bill. Mayor Luecke advised that he is delighted to make the preliminary presentation on the operating budget for 2007. He thanked the Council for the full attention that they are giving to this budget, but not only tonight, but through the series of committee hearings 4 REGULAR MEETING SEPTEMBER 11, 2006 that have been held. There has been good dialogue back and forth, excellent questions being raised. It has been a good opportunity for Department Heads to meet and hear the concerns of the Council. He also thanked his department heads and the management team for the hard work that they have done to put this budget together and for the excellent work that they do day in and day out, managing the operations of the City of South Bend and of course to the front line workers who perform all of those services that are provided. Mayor Luecke gave a special word of thanks to the City Controller Catherine Fanello and Tom Skarbek for their work in the budgetary process. Mayor Luecke stated that these three bills present the operating budget for 2007. Bill 55- 06 deals with budget for the Enterprise Funds, Utilities, Building Department, Parking Garage, Project Releaf, and Century Center. Bill 56-06 is the other departments within the City of South Bend, General Fund, Parks, Street Department, Community and Economic Development, Capital and Debts Service, Police & Fire Department Pension Funds. Bill 57-06 sets the rate of property taxation for the City of South Bend. A rate of 2.9999 for the property tax and a separate Redevelopment Tax Rate of .0536. These rates do not become final, the Council needs to approve before budgets can be submitted to the Department of Local Government Finance, which does a review and after they certify the assessed value that the City receives from the County as well as certified the budgets that were presented, they will actually set a final tax rate, which generally is lower than what is advertised here. The 2007 operating budget that has been submitted is a solid budget, which keeps the City of South Bend fiscally sound, while continuing to provide essential services and maintain needed reserves in the general fund. It allows for raised for Police, Fire, Teamsters and supplemental pays for other employees in the City of South . This budget does continue the City’s effort to deliver services more efficiently and it begins to make some of the structural changes needed to meet upcoming challenges. The bar has been raised every year to continue to make progress in cost effective delivery of services. The City will continue to do this, so that we are not suddenly faced with draconian changes or cuts, that have been seen in some other units of governments across the state. Since 2002, we have reduced total personnel by 75 positions, most of those through attrition. But there are challenges, slowly growth in the property tax revenue compounded by the circuit breaker legislation. Mayor Luecke stated that he will be actively lobbying the legislature for property tax relief and flexible revenue sources to support local government. The Indiana Association of Cities and Towns has put together a legislative package called Hometown Matters, which provides local government with the opportunity to develop revenue streams that are appropriate to each City or County, so that they can fund the services that are needed. He will be lobbying very hard for those issues in the coming legislative session. The City also faces challenges with reduction in the motor vehicle highway fund and other distributions. The local option income taxes have been pretty much flat lining the last few years. The hopes of improvement in the economy and new jobs that are being brought into this community will allow those to begin to grow in the next few years. Currently they are looking at a flat lining of those. Pension costs continue to be a strain on the budget, in 2007, the drop program for the Police and Fire Department will cost 3.5 million dollars. To meet that obligation they will be transferring 2.6 million from the general fund which then requires a transfer of 1.1 million from the raining day fund into the general fund to create a balanced budget in the general fund. PERF contributions for non-uniform employees are up 22%. Utility costs have been rising; gasoline costs have been much higher. It is estimated that it will cost an additional $500,000 for gasoline next year. Asphalt costs have also risen, 35 % this year. Health care costs continue to rise though with changes that has been made in the Health Care Program, they have been able to diminish the rate of increase in the health care costs and look to continue to find additional ways to provide employees with appropriate health care, but also to try to hold down that pressure on the budget. This budget meets these challenges through creative management, but also through some painful decisions. Reduced head count, since 2002 by 75 positions, the drop from 2006 to 2007 is 25 positions. The Code Enforcement cleaning crew has folded into solid waste operations, which will mean the elimination of five positions in that crew. The City is also looking for other ways to be more efficient and more effective, looking to centralize mowing efforts, so that they can provide that service more effectively. They are reviewing take home cars, not in the Police Department, but among the other departments, to make sure car that are assigned for take home, are actually needed in that way. They are also looking at the Central Stores operations. The 5 REGULAR MEETING SEPTEMBER 11, 2006 insurance plan has been restructured to provide two tiers, with four different categories that will allow the employees to make a choice in the health insurance coverage that they choose. For some employees that can actually a decrease in the premium that they are paying. Among the more painful choices that the City has looked at is the one of no raises for non-bargaining employees, however, the City is proposing a $750.00 supplemental pay for these employees. So that they are able to meet some increases in cost that they are experiences in their budgets as well.Finally, the proposal from the Park’s Department to close the Greenhouse and Conservatories as cost savings measure which will allow them to put those dollars into the Zoo and to sustain and improve Zoo Operations. So there are a number of challenges that the City faces, nevertheless, he believes that this is an excellent budget that they are submitting. Local Government must evolve; it can’t continue to do things the way that they have always done it. The City will always have challenges, but these challenges provide us opportunities to become more creative. Mayor Luecke stated that the team is up to those challenges and he believes that the budget that they are submitting, again, is a solid budget, that keeps the City fiscally sound and allows the City to meet their obligation and continue to provide the services, that the customers, the citizens and residents desire. th M. Catherine Fanello, City Controller, 14 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, thanked all of the department heads and managers for their patience as a lot of discussion went on during the budget process. She thanked Tom Skarbek, Budget Director, who worked very hard on giving a revised way of looking at the budget this year. Ms. Fanello advised that the 2007 budget assumptions are that revenue in property taxes show a growth quotient of four (4) percent. Other taxes such as excise and State taxes (auto, commercial vehicle, etc.) advised by State to use 2006 revised budget numbers. In other revenues such as increases and decreases based on current experience, past history, fee increases, and department input range from three (3) to twenty-three (23) percent. In non-bargaining, no base wage increases a $750.00 supplemental pay will be in lieu of. Teamsters and Public Safety will be by contract. There will be no increases in supply line items, except where necessary, (i.e. gasoline.) Reduction in service line items, except where necessary (i.e. utilities, liability insurance.) No reduction in services to the residents of South Bend, and will maintain cash reserves at 20% in the General Fund. The 2007 Projected Fund Revenue is $197,555,472. The projected Operating Expenditures are $172,371,298. Ms. Fanello stated that the overall budget increased 6.79%. Personnel costs salaries and benefits net increase 5.18% (4.8 million) net reduction of 25.5 budgeted positions, ($796,800) plus benefits for a total approximate budget reduction of ($1,076,874) Increases are largely due to public safety salaries and benefits ($2.1 million) and pension payments ($3.01 million) Teamsters and Non-bargaining approximately $590,000. In 2004, there were eleven (11) full time positions reductions; 2005, four (4) full time positions reductions; 2006, six (6) full time positions reductions; and in 2007 there will be twenty-five and one-half (25.5) for a total reduction of forty-six and one-half (46.5). The 2007 projected salaries and benefit expenditures are $97,220,885. The total 2007 projected pension contributions for all eligible employees is $5,702,111. The City contribution rates for Non-bargaining and Teamsters increased from 4.5% to 5.5%, as mandated by Public Employees Retirement Fund (PERF). The total 2007 contribution is $1,546,842 a change from 2006, of st $237,583. For Public Safety (Active), the City contributes 21% of a 1 Class policeman/firefighter salary as mandated by PERF. The total 2007 contribution is $4,155,268, a change from 2006, by $307,144. The 2007 projected expenditures of Police and Fire Pension benefit payments (retirees) is $14,334,692. An increase of $3,086,375 largely due to DROP, and drop payments will be made in the amount of $3,526,329. A transfer of $2.6 million for the General Fund to the Pension Funds was required to meet benefit payment obligations. Ms. Fanello advised that the health care costs budgeted medical payments will be $11.4 million. This is a claims increase of twelve 12% percent. The overall fund increase is 6.4% compared to last year’s increase of 14%. The City contributions based on active enrollment increased by only $520,459 compared to $1.2 million in 2006. Even with plan restructuring, the City contributes an overall 85% of active employee health insurance premiums compared to the private sector contribution of 75%. In supplies an increase of 1.9% ($730,915) mainly for fuel costs, fuel was budgeted at $2.50/gallon with estimated increases totaling $536,701 over the 2006 budget. Other increases are in the Parks non-reverting and utility funds. An increase in services of 9.5% ($5.0m) was due to health and liability insurance cost 6 REGULAR MEETING SEPTEMBER 11, 2006 allocations, debt obligations, reclassification of expenses, ’07 election cost, utility costs. In other uses an increase of 4.4% ($525,306) due to increase in various inter-fund transfers. The projected operating surplus of $22.8 million is dependent on 100% of collection of revenues project. Ms. Fanello stated that this normally doesn’t happen. The $13.6 million Major Move dollars, however there are restricted uses by law. A 9.2 million dollar Capital and Debt Service fund dollars or Utility department capital dollars to be appropriated during the City’s capital budgeting process in January. Therefore, surpluses don’t necessarily exist for operating expenditures. Ms. Fanello stated that in conclusion, the 2% circuit breaker, as is, will cause future budget reductions. In 2008, $6-8 million will need to be cut from the budget; she noted that the 2007 budget is a responsible and proactive budget. 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 was no one present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. st Ms. Janet Maciulski, 1117 S. 31 Street, South Bend, Indiana, spoke opposed to closing of the Greenhouse and Conservatory. She would like to see the Greenhouse and Conservatory continue to be a part of this community. They are part of the culture and educational components that are necessary to keep a good community. She quoted from articles that were written in the South Bend Tribune: The greenhouse dates back to the early 1920’s, they have been used to grow flower for many places in the City. Ella Morris donated $108,000 to add a conservatory for flower shows and garden club meetings in 1963. The superintendent of the greenhouse said that Mrs. Morris’ gift will provide a magnificent show place for his annual spring flower show. Construction was done by Lord and Burnham constructions, who are know for making crystal palaces for plants. The park superintendent, Ralph Newman said that the glass enclosed structure represents one of the finest facilities of its kind in the Midwest. He also stated that if we want children to appreciate beauty, we must have something of beauty to show them. In 1968, City officials and guests had nothing but praise as they toured the new Muessel Ellison Topical Gardens at Potowatomi Park, after a ceremony in which it was presented to the City. The cost of this gift was $150,000. The Muessel Ellison Fund again donated $80,000 in 1973 for a domed conservatory to house and $18,000 gift of plants to this City, that was donated by Father McGraff, from Notre Dame. At that point in time, Henry Rybicki, who was the supervisor of the greenhouse, said that it is appropriate that the City have an attractive place to keep the collection, which has both display and scientific value. It will provide South Bend with one of the nation’s finest facilities for displaying flowers and plant life. In early 1974, a $1.00 general admission, was needed to off set costs. At that time Mr. St. Clair stated that the cost of renovating the entire complex could be as much as $100,000. That was twelve years ago, now he says it is going to cost 1.3 to 1.7 million.. Why did the City let that happen! The City needs to be more creative, these conservatories were a gift to this City. If they are closed and demolished, then how can we ever expect or ask anybody to give gifts to this City again! Activities should be programmed, at this point and time there are no activities at the conservatories. Ms. Maciulski, advised that she was in Ft. Wayne, Indiana, and visited the Botanical Gardens there, they have activities, scheduled for every month and that they are creative and they are fun, and get many, many people to come to them. The City of South Bend has no public way of knowing about the greenhouse. She went to the visitor center today, and stated that there are no brochures about the greenhouse and conservatories. She tried to look it up on the City’s new website and found nothing about the greenhouse or conservatories. She said it was very frustrating to try to find. Activities should be programmed. People would come and fund this facility, if the City treated it the way it should be treated. If the City just lets it go, and fall apart, of course, nobody will want to go. Or if we don’t let people know that it is there, then when people come to this City, for Notre Dame Games or other opportunities, they don’t know that it is there. How does the City expect it to support itself, when the City does nothing to market its existence? She was here about five years ago, trying to stop the demolition of another historic site, which since has been demolished. She remembers a Councilmember saying “that if we keep tearing down the things that are important to the 7 REGULAR MEETING SEPTEMBER 11, 2006 people of this community, what is going to bring our children back, or what’s going to keep the people here.” This is one of those gems of the City of South Bend, that needs to be kept instead of just demolishing it, before the City even gives it a chance, they have done nothing for the last five years to try to help the greenhouse and conservatories. She stated that she visits the greenhouse and conservatories frequently, and has seen people who want to volunteer to help restore and repair the greenhouse and conservatories, which were turned down by the Park Department. There are many things that could be done to help keep the greenhouse and conservatories open. She has a petition that states we the undersigned residents of this community hereby petition the Common Council to reject the proposed closing of the Greenhouses, Ella Morris Conservatories and the Muessel Ellison Tropical Gardens at Potowatomi Park, these beautiful structures and the plants that they house are an important part of this community and are irreplaceable. She started the petition on September 7, 2006 and at this point in time, she has 570 signatures. She did not file the petitions with the Office of the City Clerk; she would like to continue to gather signatures rd Ms. Carol Davis, 623 S. 23 Street, South Bend, Indiana, spoke opposed to the closing of the Greenhouse and Conservatory. It would be a terrible thing to loose such a beautiful place. They were donated in good faith, and how would the City every be able to ask for donations again, if they just demolish it. Ms. Jean De Winter, 1226 Altgeld, South Bend, Indiana, spoke opposed to the closing of the Greenhouse and Conservatory. She stated that she does not know how such a wonderful and beautiful community asset could be allowed to deteriorate and now disappear. It is not just the historic, yet, crumbling physical building at stake; it is the exotic and unique plants and the beauty that give to an entire region. As the South Bend Tribune recently published “three generations of one Mishawaka family enjoyed the Greenhouse one afternoon.” It seems logical that this is not just a South Bend problem, this is a community problem, and all the citizens of St. Joseph County, must contribute and work together in order to continue promoting its timeless lesson. The lesson is simple, we must maintain our community assets in order to retain a healthy and fund environment for all generations to enjoy. When assets like our community greenhouses are allowed to fall in disrepair, and then closed altogether, it paints a bleak picture for our future. If we cannot maintain beauty today, how will we ever be able to support a beautiful community in the future? How will we encourage our younger generations to stay here, if they have no place of beauty in which to retreat. We must maintain green space in our community. We the people of this community must be asked for our help and there generosity in raising the necessary funds to keep this community asset alive and thriving. The community’s creativity can keep the greenhouse alive with the help of this Council and concerned citizens, the community can maintain one of its most beautiful assets for future generations. It must if this City and Community is willing to give it a try. Ms. Amy Herdman, Assistant Director, St. Joseph County Historic Preservation Commission, 330 W. Colfax Avenue, South Bend, Indiana, spoke in opposition to the closing of the Greenhouse and Conservatory. Ms. Herman reiterated he comments from the night before that she emphasize with the Council for the difficult task that they have before them in their decision making on the future of the Greenhouses and Conservatories. She implored the Council to spare the greenhouses and conservatories. She quoted Mr. George Kessler, who was commissioned by the City of South Bend, and this statement comes in 1912, in a statement to the South Bend Board of Park Commissioners. Mr. Kessler was a landscape architect, of quite great stature and world travel and world renowned and he said of South Bend and its Greenhouse and Conservatories: “It is unusual that so pronouncedly a manufacturing city should have cared to express good taste in the public surroundings of its residence.” As the Historic th Preservation Commission is celebrating the 95 Anniversary of Mr. Kessler’s Commission to his service in South Bend, she would hope that the Council would heed those words. In employing positive thought on the matter, assuming that the Council chooses to spare these facilities, the HPC did some basic searches on the internet, in search of grant money, alternative funding. HPC found thousands of dollars available in a conservation support grant with a $250,000 award ceiling offered by the Institute of Museum and Library Services, for which these facilities would qualify. A preservation 8 REGULAR MEETING SEPTEMBER 11, 2006 grant for stabilizing a humanities collection, which the HPC would consider the plants of the conservatories to be, with a $15,000 award ceiling administered by the National Endowment for the Humanities. A capital improvement grant, with a $10,000 award ceiling administered by Rotary International. A Museum’s for America Grant with available fund from $5,000 and $150,000, also administered by the Institute of Museum of Library Services. And finally a Consultation Grant and a "We the People Challenge" Grant of up 1 million dollars are available from the National Endowment for the Humanities. So its not at all, that they are asking the Council to rescue these building and then try them in a noose around yours necks to try to preserve and maintain, but the HPC is more than happy to help assist in anyway that they can, to guarantee the future of something that HPC values very much. Ms. Catherine Hostetler, Director, St. Joseph County Historic Preservation Commission, 125 S. Lafayette Blvd., South Bend, Indiana, spoke opposed to the closing of the Greenhouse and Conservatory. Mr. Hostetler advised that there are viable alternatives to save the conservatory and greenhouse, and to have firm numbers from a cost analysis. It was mentioned to put this under interim protection by the Council; this would save the buildings but not the contents, the collections. She thinks that it is very important that when these decisions are made concerning the buildings, that the Council is dealing with good solid numbers. There are creative ways of dealing with this situation, such as explore the feasibility of gifting the greenhouse and conservatories, possible to the South Bend Community School Corporation. The SBCSC has one of the top rated science research departments at Adams High School, who is just a hop, skip and a jump away from these conservatories. They would make an absolutely fantastic botanical and ecological study, environmental study available to the students at Adams and all the other SBCSC High Schools. There are a lot a different ways that this dilemma can be approached that will preserve the greenhouses, but then not financially burden the City of South Bend. In rebuttal, Mr. Bill Carelton, Director of Financial Services, South Bend Park Department, 321 E. Walter Street, South Bend, Indiana. Stated that it was obviously it was an extremely difficult decision that the Park Department was asked to make. The Park Department had to come up with some cuts and try to maintain their budget at a good rate this year. In the past, the greenhouse, because of the age of the facility and because it is very energy inefficient, when they were constructed, it was not such a huge burden to heat through the winter in South Bend. But the past several years with an increase in energy cost, the greenhouses are heated by natural gas; the cost approached over $100,000 last year, and is probably going to be over $125,000 this year, by the time they are done. In the colder months, it would be $25,000 to $30,000 to heat the desert portion, so considering the usage from the public that the greenhouse and conservatories had gotten, it was decided that the Park Department could use those dollars elsewhere and more beneficial to the Department and the City. The infrastructure itself, including the boiler, the Park Department has spent $23,000 to maintain it at its current level and it is still not very efficient. Unfortunately, the decision to close the facility was a difficult one, but the Park Department thought it was one that they had to come up with. Mayor Stephen Luecke advised that in 2005, it cost $271,000 to operate the greenhouse and the conservatories, depending on how you divvy up those costs up between the two operations, you can come to a cost per flower and a cost per visitor to the greenhouse, one way of dividing those costs would show that that it cost, and roughly the City grows 25,000 flower in the greenhouse in different parks and places in the City, at a cost of $4.50 per flower, 4,500 visitors would have cost $35.00 per visitor from the budget figures from 2005. The City acknowledges that the City did not have the programming at the greenhouses or conservatories that have been in place in other communities. But those were some of the significant numbers that were looked at by the Parks Department as they made the decision. The greenhouse and conservatory are part of the Zoo Budget, and they felt that it was important to have revenue to be able to sustain the Zoo, with its 200,000 visitors per year. Mayor Luecke stated that Ms. DeWinter, actually hit on a very important issue, that the City of South Bend provides a number of amenities that are 9 REGULAR MEETING SEPTEMBER 11, 2006 enjoyed not only by residence of the City of South Bend, but by residents of Mishawaka, St. Joseph County and a much larger region. Yet, the cost of providing those amenities falls to the tax payers of the City of South Bend. Certainly, the greenhouses is one of those and the Zoo is another, Coveleski Stadium, so many different kinds of things that they support that makes this such a great community and are important to support. To be honest, that is one of the other things that needs to change, as the City looks at the structure of the tax system, is regional facilities should be supported on a regional basis, rather than the central City, being required to maintain the cost for those. That is the background in terms of the decision that has been made. Mayor Luecke stated that he appreciates the comments and the support and the care for this facility as evidenced by the community and he would be glad to have some further discussion with some of the residence, but at this point, this issue remains a part of the City’s proposed budget for 2007. Councilmember Kelly made a suggestion, that it was made mentioned tonight by the people objecting to the demolition of the Greenhouse and Conservatories, that some foundations could be sought, that supply money for these types of facilities. He suggested that failing all else, that perhaps a task force should be formed of volunteers to investigate precisely that. And find out where the money could come from, to support the Greenhouse and Conservatories and maintain them in much better shape than they are now. Again, it’s just a suggestion and he believes that it would be a good idea, obviously the people who spoke against this item in the 2007 budget, indicated that they would certainly help find support for such a wonderful facility. Start with them and expand the task force to help solve a rather tough decision. Councilmember Varner stated that the City has gone through this long and tedious discussion on what is called City Plan. He stated that there was so much emphasis put on walk ability and live ability, pubic venues and that sort of thing. If the $271,000 that was proposed as a cost, strictly for operations, it seems that in some way, shape or form that two-thirds of that old greenhouse could be shut down and no longer used for growing, but in some way, shape or form, keep a part open at a much less cost. Some of the conservatories can be maintained for several more years, you can’t put a six month burden on these folks to try to raise that sort of money. The $35.00 per visitor, at 4,000 visitors drops down $8.50 per visitor, if you get 8,000 visitors there. Annual cost of operations and things at the College Football Hall of Fame is about $60.00 a visitor and he noted that he is not in all in favor of this venue. So he believes that for $271,000, the City can make an effort to save a historic structure, to the extent, that he can try to find $271,000 to keep the Greenhouse and Conservatories open, he would be glad to do that. Mayor Luecke reiterated that he would be glad to continue discussion on this. He mentioned that the Zoological Society has petitioned local foundations for national dollars, and as everyone knows that there is a lot of competition for those dollars. He also reported that the Zoological Society has brought a lot of Capital support to the Zoo. They looked as well for dollars and were less successful. Mayor Luecke stated that he appreciated everyone’s comments and would be glad to meet with individuals and see if there is a process to move forward. Councilmember Charlotte Pfeifer made a motion to set Bill Nos. 55-06; 56-06; and 57-06 for Third Reading on September 25, 2006, and continue in the Council Portion only. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 58-06 PUBLIC HEARING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2007 Councilmember Varner made a motion to hear the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight ayes. 10 REGULAR MEETING SEPTEMBER 11, 2006 Councilmember Charlotte Pfeifer, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Ms. Catherine Fanello, City Controller, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Fanello advised that the changes in this bill are in the second paragraph and in Section II. Letter (h) the amount has been adjusted from $1,000.00 to $750.00. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Pfeifer made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Puzzello made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: __________________________ ________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 8:10 p.m. Council President Rouse presided with eight (8) member’s presents BILLS – THIRD READING ORDINANCE NO. 9696-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 273 FEET TO THE SOUTH OF 1424 SLATER DRIVE, LOT 53 IN LAFAYETTE FALLS, SECTION FOUR, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello, made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 11 REGULAR MEETING SEPTEMBER 11, 2006 ORDINANCE NO. 9697-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $10,000 OF RESERVE FUNDS RECEIVED FROM THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) WITHIN HUMAN RIGHTS FUND #258 FOR THE PURCHASE OF A NEW COLOR COPIER/PRINTER This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9698-06 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2007 This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as substituted. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3634-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1323 AND 1329 NORTH IRONWOOD DRIVE, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4- 918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1323 and 1329 North Ironwood Drive, South Bend, Indiana 12 REGULAR MEETING SEPTEMBER 11, 2006 in order to permit: The Approval of a Special Exception to allow for off-site parking usage for 1323 and 1329 North Ironwood Drive, South Bend, Indiana per Section 21-07-04 © 3 of the City of South Bend Zoning Ordinance. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposes use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03(i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Don Fozo, Building Commissioner, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Fozo advised that the petitioner Gregory & Alice Aldridge & Ironwood Family Dentistry is seeking a Special Exception for off site parking in an “OB” District. The Board of Zoning Appeals held a public hearing on August 17, 2006 and sends this bill to the Common Council with a favorable recommendation. Mr. Michael J. Danch, President, Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend, Indiana, made the presentation on behalf of the petitioners Gregory & Alice Aldridge & Ironwood Family Dentistry. Mr. Danch advised that the petitioners are requesting the approval of a Special Exception for their properties located at 1323 and 1329 North Ironwood Drive, South Bend, Indiana. This Special Exception will allow for the use of existing off-site parking to service and existing Dentist Office and a new office building for an Insurance Agency and a Detective Agency. The new office building is replacing a structure that presently houses the Insurance and Detective Agency offices. The properties are presently zoned “OB” Office Buffer District classification. Mr. Danch further noted that the approval of this special exception will fit with the existing mixed uses along this portion of Ironwood Drive. A Public Hearing was held on the Resolution at this time. 13 REGULAR MEETING SEPTEMBER 11, 2006 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 Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 06-90 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL MOGUL POWERTRAIN, INC. Councilmember Puzzello made a motion to continue this bill until the September 25, 2006 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 06-91 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1401 SOUTH MAIN STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (3) THREE YEAR REAL PROPERTY TAX ABATEMENT FOR BLK, LLC D/B/A OLD FORT BUILDING SUPPLY Councilmember Puzzello made a motion to continue this bill until the September 25, 2006 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3635-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1810, 1818, 1826, 1834, 1844, 1852, 1860, AND 1868 OVERLOOK COURT AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ULLERY DEVELOPMENT, LLC 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 1810, 1818, 1826, 1834, 1844, 1852, 1860, and 1868 Overlook Court, South Bend, Indiana, and which is more particularly described as follows: A part of the Northeast Quarter of Section 30, Township 37 North, Range 3 East, Centre Township, City of South Bend, St. Joseph County, Indiana, and being more particularly described as follows: commencing at the southeast corner of the Northeast Quarter of Section 30, thence North 00°04’24” West along the east line of said Northeast Quarter, a distance 14 REGULAR MEETING SEPTEMBER 11, 2006 of 1312.53 feet; thence South 89°51’10” West, a distance of 646.22 feet to the point of beginning for this description; thence South 89°51’10” West, a distance of 509.05 feet to a corner on a North line of Lot 68 as the same is shown and designated on the plat of Ireland Woods Subdivision Section Two, Part One as the same is shown and designated on the plat thereof recorded in the office of the Recorder of St. Joseph County, Indiana, as Instrument No. 7916183; thence North 0°04’17” West, along a boundary line of said Lot 68, a distance of 20.00 feet; thence South 89°51’10” West, along a North line of said Lot 68, a distance of 35.00 feet to the Southeast corner of Lot 67 in said plat of Ireland Woods; thence North 0°09’29” West, along the East line of said Lot 67 and the East line of the plat of said Ireland Woods, Section Two, Part One, a distance of 127.60 feet; thence North 89°51’10” East, a distance of 373.96 feet; thence North 65°25’27” East, a distance of 187.14 feet; thence South 00°04’17”East, a distance of 224.99 feet to the place of beginning containing 1.98 acres more or less and this property has Tax Key Number Numbers 18-1040-2232.09, 18-1040-2232.10, 18- 1040-2232.11, 18-1040-2232.12, 18-1040-2232.13, 18-1040-2232.14, 18-1040-2232.15, , and 18-1040-2232.16be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United 15 REGULAR MEETING SEPTEMBER 11, 2006 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. s/Timothy A. Rouse Member of the Common Council Mr. J. Bernard Feeney, Lang, Feeney & Associates, Inc., 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the owner Ullery Development, LLC. Mr. Feeney advised that Ullery Development intends to construct (8) eight, new, single- family homes on 1.98 acres of land on urban infill lots. The homes will consist of two or three bedrooms and two baths, ranging in size from 1,463 to 1,906 square feet with eight- foot basement walls, a 23’ x 24 foot attached garage, covered patio, optional fireplaces, and vinyl siding with stone and/or brick accents. Stove, dishwasher, microwave, and garbage disposal are included. Each home will be built on a minimum 66’ x 138 foot lot which will have sod, sprinklers, and landscaping. The estimated price of each home will be between $190,000 to $300,000. 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 Kelly made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 16 REGULAR MEETING SEPTEMBER 11, 2006 RESOLUTION NO. 3636-06 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 105 NORTH NILES AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (8) EIGHT- YEAR REAL PROPERTY TAX ABATEMENT FOR NILES/WASHINGTON LP FOR THE BENEFIT OF AM GENERAL 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 105 North Niles Avenue, South Bend, Indiana, and which is more particularly described as follows: Parcel E3-3 and E3-4U. A part of Lots Numbered Forty-three (43), Forty-four (44), Forty-five (45), Forty-six (46), Forty-seven (47) and Forty-eight (48) of the Original Plat of the Town of Lowell, now a part of the City of South Bend, together with that portion of the vacated 14-foot alley lying between Lots 45 and 46, said tract being more particularly described as follows: Beginning at a point 11.00 feet West of the Northeast corner of Lot 43 in said plat; thence South 00°06 ’00” West, parallel and 11 feet West of said West line of Niles Avenues, 409.94 feet to a point on the South line of Lot 48 in said plat, 11.00 feet West of the Southeast corner thereof; thence North 89°45’24” West, along said South line, 118.15 feet; thence North 00°04’38” East, 211.66 feet to a point on the South line of Lot 45 in said Plat; thence South 89°56’31” East, 29.29 feet; thence North 00°05’44” East. 198.04 feet to a point on the North line of Lot 43 in said Plat; thence South 89°54’00” East, along said North line, 89.00 feet to the place of beginning. Also, a parcel of land being a part of Lots 43 through 48 and the adjacent vacated 14-foot alley all in the Original Town of Lowell, now City of South Bend, Indiana, and being more particularly described as follows: Beginning at the Northeast Corner of said Lot 43; thence South 0°06’00” West (bearing assumed) along the West right-of-way line of Niles Avenue, a measured distance of 409.94 feet to the Southeast Corner of said Lot 48; thence North 89°45’24” West along the North right-of-way line of Washington Street, a measured distance of 11.00 feet; thence North 0°06’00” East parallel with said West right-of-way of Niles Avenue, a measured distance of 409.91 feet to the South right-of- way line of Colfax Avenue; thence South 89°54’ 00” East along said South right-of-way, a measured distance of 11.00 feet to the place of beginning containing 4,509 square feet, more or less. Subject to any easements, covenants, or restrictions of record. Parcel E9-11. A parcel of land being Lots 95 and 96 and the East 65 feet of Lot 94 in the Original Plat to the Town of Lowell, now City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: Beginning at the Southwest corner of said lot 96; thence North 0°00’00” East (bearing assumed) along the East right-of-way line of Niles Avenue a distance of 131.72 feet to the Northwest corner of said lot 95; thence North 89°57’00” East along the North line of said lot 95 a distance of 100.95 feet; thence North 0°04’55” West a distance of 65.92 feet to the North line of said lot 94; thence North 89°54’56” East along said North line of distance of 65.00 feet to the Northeast corner of said lot; thence South 0°04’56” East along the East line of said lots a distance of 197.89 feet to the South line of said lot 96; thence North 89°58’41” West along said South line a distance of 166.14 feet to the place of beginning containing 26,175 square feet (0.601 acres) more or less. Subject to any easements, covenants, or restrictions of record and which has Tax Key Numbers 18-5004-0079.01 and 18-5004-0072 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; 17 REGULAR MEETING SEPTEMBER 11, 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 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. 18 REGULAR MEETING SEPTEMBER 11, 2006 SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period (8) eight 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 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. Timothy A. Baker, Executive Vice-President, Holladay Properties, 227 S. Main Street, Suite 300, South Bend, Indiana, made the presentation for this bill. Mr. Baker advised that the Niles Avenue office is AM General’s corporate headquarters. AM General is a major supplier to the U.S. Military of personnel vehicles and a builder of sport utility vehicles (SUVs) for General Motors. The company plans to construct a 17,500 square foot addition and make improvements to the existing building of 35,000 square feet. The construction of the new addition and improvements to the existing office building will allow AM General to remain in South Bend with space to grow as the market dictates. The estimated cost of the addition if $2,009,000 and improvements to the existing building of approximately $500,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3637-06 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 1730, 1738, 1746, 1810, 1818, 1826, 1834, 1833, 1823, 1815, 1807, 1749 ALFTON COURT AND 6128 SOUTH BRIDGETON DRIVE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROJO DEVELOPMENT, INC., NORAWOOD MANOR 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 1730, 1738, 1746, 1810, 1818, 1826, 1834, 1833, 1823, 1815, 1807, 1749 Alfton Court and 6128 South Bridgeton Drive, South Bend, Indiana, and which is more particularly described as follows: 19 REGULAR MEETING SEPTEMBER 11, 2006 commencing at the northeast corner of the Southeast Quarter of Section 31; thence South 00°06’30” West along the east line of said Southeast Quarter, a distance of 231.01; thence North 89°55’43” West, a distance of 1202.00 feet to the southwest corner of Kensington Farms East, P.U.D. Section 5 – Part 2 as shown in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 8812963; thence continuing North 89°55’43” West, a distance of 822.58 feet to the southeast corner of Kensington Farms East, P.U.D. Section Six, Part Two as shown in said Recorder’s Office as Instrument No. 9857462; thence North 28°34’40” East along the east line of said plat, a distance of 187.96 feet to the northeast corner of Lot 27 as shown on said plat; thence north 61°25’20” West along the north line of said Lot 27, a distance of 155.59 feet; thence North 28°34’40” East, a distance of 50.00 feet to a point on the south line of Lot 164 as shown on said plat; thence along a curve to the right having a radius of 20.00 feet, a central angle 89°59’59” and limited in length by a chord which bears North 28°34’40” East, a distance of 180.00 feet to the northwest corner of said Lot 164; thence South 61°25’21” East, a distance of 175.00 to the northeast corner of said Lot 164; thence North 50°04’47” East, a distance of 32.24 feet; thence South 81°07’08” East, a distance of 422.69 feet; thence North 78°05’25” East, a distance of 210.00 feet to a point on the west line of said Kensington Farms East, P.U.D. Section 5 – Part 2; thence for the next two course along said plat, the first being South 11°31’19” West, a distance of 171.92 feet; thence South 00°06’30” West, a distance of 215.94 feet to the point of beginning containing 7.18 acres more or less and this property has Tax Key Numbers 23-1050-3201.10, 23-1050-3201.11, 23-1050- 3201.12, 23-1050-3201.13, 23-1050-3201.14, 23-1050-3201.15, 23-1050-3201.16, 23- 1050-3201.17, 23-1050-3201.18, 23-1050-3201.19, 23-1050-3201.20, 23-1050-3201.21, , 23-1050-3201.07be 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. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: 20 REGULAR MEETING SEPTEMBER 11, 2006 i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. 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 21 REGULAR MEETING SEPTEMBER 11, 2006 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. Bernard Feeney, Lang, Feeney & Associates, Inc., 715 South Michigan Street, South Bend, Indiana, made the presentation for the bill on behalf of the owner Austin J. Hickey and ROJO Development, Inc. Mr. Feeney advised that Rojo Development intends to construct thirteen (13), single- family, custom built homes. The price of each home will be approximately two hundred fifty thousand dollars ($250,000.) 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 06-95 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 920 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MARK A. AND RUTH M. NOLL Councilmember Varner made a motion to continue this bill until the September 25, 2006 meeting of the Council, at the request of the petitioner. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3638-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE EXPENDITURE BY THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY OF SPECIAL FUNDS RECEIVED FROM RESTRICTED GRANTS AND DONATIONS WHEREAS, the Common Council of the City of South Bend, Indiana (the “Common Council”), in partnership with St. Joseph County, Indiana, established by ordinance the Historic Preservation Commission of South Bend and St. Joseph County (the “Commission”), which ordinance is codified at Section 21-13.02(j); and WHEREAS, Section 21-13.02(j) provides that the Commission may accept through gift, grant, legacy, bequest or endowment monies for the purposes of the Commission as set forth in the HPC Ordinance; and 22 REGULAR MEETING SEPTEMBER 11, 2006 WHEREAS, the Commission has previously received (i) a $5,000 grant to adminstere preservation easements, (ii) a $2,000 grant to recognize restoration efforts, (iii) a $5,000 donation to be used by the Commission to fulfill its purposes; and (iv) $5,083.55 in grant funds to fulfill the purposes of the Historic Preservation Commission (collectively, the “Donations”); and WHEREAS, Section 21-13.02(j) further provides that any funds received through a donation or grant must be deposited in a special Historic Preservation Commission (collectively, the “Donations”); and WHEREAS, Section 21-13.02(j) further provides that any funds received through a donation or grant must be deposited in a special Historic Preservation Commission account and approved by the Common Council before expended; and WHEREAS, the Commission has deposited the funds from the Donations (the “Donated Funds”) in a special account with the County and desires to use them consistent with terms of the Donations and purposes of the Commission, including promoting treasured landmarks and structures within the Commission’s jurisdiction; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby approves the receipt of the Donations and the use of the Donated Funds by the Commission consistent with the terms of the Donations and the purposes of the Commission as set forth in the HPC Ordinance. SECTION II. That this resolution shall be in full force and effect from and after its adoption by the Common Council. s/Timothy A. Rouse Member of the Common Council Councilmember Puzzello made a motion to amend this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Erv 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. Catherine Hostetler, Director, Historic Preservation Commission, 125 S. Lafayette, st 1 Floor, South Bend, Indiana, made the presentation for this bill. Ms. Hostetler advised that this bill approves the use of certain grant funds and gifts received by the Commission. The Commission received four grants and is seeking the approval of the Common Council to use those funds consistent with the purposes and restrictions of the grants. 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 Puzzello made a motion to adopt this Resolution as amended. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS, FIRST READING BILL NO. 60-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE 8919-98 TO CLARIFY THE SCOPE OF THE MUNICIPAL SEWAGE WORKS PROJECT THEREIN DESCRIBED AND TO APPROVE 23 REGULAR MEETING SEPTEMBER 11, 2006 USE OF THE STATE REVOLVING LOAN FUNDS BALANCE OF $638,682 FOR HYDRAULIC IMPROVEMENTS This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Utilities and Public Works and Property Vacation Committees and set it for Public Hearing and Third Reading on September 25, 2006. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 61-06 FIRST READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, COMMON COUNCIL APPROVING AND AUTHORIZING THE DOWNTOWN SOUTH BEND ECONOMIC IMPROVEMENT DISTRICT AND REGARDING CERTAIN RELATED MATTERS This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on October 9, 2006. Councilmember White seconded the motion which carried by a voice vote of eight ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS MOTION TO SUSPEND THE RULES TO ADD BILL NO. 62-06 BILL NO. 62-06 FIRST READING ON A BILL FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2007 Councilmember Varner made a motion to suspend the rules for the purpose of having First Reading on this bill. Councilmember Pfeifer seconded the motion which carried by a roll call vote of eight (8) ayes. Additionally, Councilmember Pfeifer made a motion to refer this bill to the Personnel & Finance Committee set it for Public Hearing and Third Reading on September 25, 2006. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. UPDATES FROM COUNCILMEMBER’S SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS Councilmember Rouse stated that he is the Council representative on the Solid Waste Management Board. He noted that the board passed the budget for 2007. PRIVILEGE OF THE FLOOR COMMENTS BY MR. ROBERT HOMER CONCERNING THE DUCKS IN LEEPER PARK Mr. Robert Homer, 127 N. Sheridan, South Bend, Indiana, asked who takes care of the ducks in Leeper Park? Mr. Homer indicated that he walks in Leeper Park quite frequently and notices that when ducks dies, it take a considerably amount of time before they are picked up and disposed of. This topic has been assigned to Councilmember Derek D. Dieter, Chairperson, PARC Committee. 24 REGULAR MEETING SEPTEMBER 11, 2006 COMMENTS BY MR. THOMAS KLEPACH CONCERNING THE EDDIE STREET COMMONS PROJECT Mr. Thomas Klepach, 320 Howard, Street, South Bend, Indiana, stated that he is concerned with the proposed residential/retail development, the Eddy Street Commons, that is planned by Notre Dame and the Kite Realty Group for the land that is currently a small forest along Angela Boulevard. The apparent motivation to create a combined housing and shopping center located within a short walk to campus seems well- intentioned at first; a pedestrian “college town” for Notre Dame further integrating the South Bend and campus communities, a market-driven attempt at new urbanism in which students and faculty might easily travel through a full-service retail center between campus and home. I argue that this goal is flawed in it’s application and represents a profound failure of the imagination. The scant woods that he refers to, which have managed to withstand the ravaging trample of more than 150 years of unqualified “development,” is nonetheless charming. The rolling slopes are home to stately trees, many of which wee surely quite large by the time that Father Sorin first dug his stake into the ground in 1842. These trees are the fragile habitat for many now partially displaced animals such as red fox, owl, hawks, deer, opossum, raccoons and skunks. Was the complete ensemble of campus voices relevant to urban design and the impact of the development considered? Besides the commercially lucrative concept of mixed-use zoning, new urbanism also stresses infilling and brownfield remediation, principles easily applied to already cleared land such as the “five corners” intersection. These concepts are ignored in favor of deforestation. Did the Dome consult the expert opinions from the ranks of their own Ecology faculty concerning the effects of the proposed development? Although no Environmental Impact Statement is required by law, does the reality of the situation rationally warrant one? In light of the fact that people will be living on this land was there an appropriate assessment of the toxicity and heavy metal content of the power plant coal ash dump site in the center of the woods? If the fledgling maples lined up on old Angela in burlap soil balls ready for deployment into sidewalk planters along the proposed shopping center cost more than $2,000 per tree, what is the monetary worth of the 150+ year old trees which will be razed to build the development? For the self- proclaimed environmentalists among us I encourage you to remember that it is not just about saving tropical rainforests. It is also, perhaps more crucially, about saving the frayed and tattered threads of the frail natural space around you. Furthermore, a philosophical discontinuity exists between the Christian spiritual teachings of a modest and humble stewardship over the planet of God’s creation and a market-based approach t catholic solvency where land use manipulation is a tool to gain equity. Yet many agrue that a weakness of Notre Dame is the “lack of a college town feel.” This is a reference to the lack of a pedestrian shopping and recreative center near campus that is a common trait of so many other college towns. If one looks at some classic examples of such American college towns such as Ithaca, New York, Olympia, Washington or Madison, Wisconsin, these places tool all struggle with the blight of overdevelopment; however the most appealing aspects of their character developed organically over a long period of time. Business district with the most character have evolved slowly, allowing distinctiveness and heterogeneity unknown to the architectural monoculture of the Kinko- copied strip mall or the cookie cutter gated community. Other college towns put a premium on green space. For an excellent example of the ambient effect of green space on the feel of a town visit the Arboretum in Ann Arbor on the gentle banks of the Huron River. In a statement released by a city official, it was noted that Notre Dame had “…expressed a willingness to be a developer in the community and participate further in the economic vitality of the area…” Is further sequestering campus by closing Juniper and creating a nationally franchised strip mall buffer between campus and the surrounding neighborhoods the best way to develop an integrated community and spur local economic vitality, or is it an attempt to ape the grotesque cash cow on Grape Road in Mishawaka? For an excellent example of a successful integration of local community and local business, visit the South Bend farmers’ market on any Saturday. Earlier described the proposed development of the Angela forest as a “failure of the imagination,” although I have offered no imaginative alternative. If woodlands for woodlands’ own sake is unacceptable to the productivity-oriented, how about a small rugged biking trail, or a refuge for reflection in the form of a gazebo treehouse overlooking the woods, campus and downtown nestled among the eaves of the taller trees, or a public ropes course and outdoor exercise area among the trees, a small number of modest homes worked in around the existing trees, working with the already beautiful 25 REGULAR MEETING SEPTEMBER 11, 2006 landscape, not replacing it? Commercial options? How about a quaint restaurant with forested patio seating? Legends are formed through the test of time. Fortunately not all of Notre Dame’s were formed by muscle, games and plastic attempts at nostalgia. As the changing moment becomes memory that fades into history, then legend, we who were born into this “bigger-better-more” world must ask ourselves if smaller is good enough; do we want the reality of that last scrap of forest to fade from the moment into myth? He hoped not. This topic has been assigned to Roland Kelly, Chairperson, Community & Economic th Development Committee and Councilmember Ann Puzzello, 4 District City Councilmember. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 8:55 p.m. ATTEST: ATTEST: ___________________________ __________________________ John Voorde, City Clerk Timothy A. Rouse, President 26