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Home My WebLink About09-25-06 Council Meeting Minutes REGULAR MEETING SEPTEMBER 25, 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 25, 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 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 September 11, 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 September 11, 2006, meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS SWEARING IN OF JACK SMITH AS A MEMBER OF THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION (TRANSPO) 1 REGULAR MEETING SEPTEMBER 25, 2006 RESOLUTION NO. 3639-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE CONGREGATION OF FIRST UNITED METHODIST TH CHURCH IN HONOR OF ITS 175 ANNIVERSARY AND PUBLICLY NOTING ITS HISTORICAL SIGNIFICANCE AS THE OLDEST CHURCH IN THE CITY OF SOUTH BEND, INDIANA Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that First United Methodist Church located at 333 North Main Street in downtown South Bend is the oldest church in our city; noting that back in 1831 Reverend Nehemiah B. Griffith traveled to this area seeking members; and Whereas, the South Bend Common Council recognizes that on January 19, 1833, Samuel Martin, Francis R. Tuft, Simeon Mason, Samuel Good and William Stanfield were elected to be the Trustees of the Methodist Episcopal Church in the town of South Bend and later in July of 1835 a small frame church (35’ x 45’ with a 14’ ceiling) was built on Main Street between LaSalle and Colfax Avenues; and Whereas, in January of 1861, a committee was appointed to secure a college with the first classes being held in the basement of First Methodist Episcopal Church, and the first college was dedicated on January 10, 1867 as the Northern Indiana College; and on May 28, 1894 the Women’s Home Missionary Society and members of the Methodist churches met and adopted the name of Epworth Hospital and Training School which later became known as Memorial Hospital of South Bend; and Downtown for Good Whereas, based on this rich history and under the motto “”, th First United Methodist is marking its 175 year, and continues to daily carry out its vision of social ministries with their soup kitchen located in the church basement serving over 300 meals per week and reaching out to more than 525,000 persons since this program began; with their Upper Room ministry providing shelter for those who have nowhere else to sleep and also serving as a halfway house for recovering alcoholics; with the establishment of a food pantry which serves over 750 households annually; with church members and staff becoming actively involved with Habitat for Humanity, natural disaster relief and establishing a nursing program where a nurse comes to the soup kitchen to check vitals and makes referrals to free health clinics and other programs. 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 congratulates and commends the members and staff of First th United Methodist Church in marking its 175 anniversary and recognizes it as the oldest church located in downtown South Bend, and further recognizes First United Methodist Church for its vision as a church located in the heart of our city which provides so many needed and vital outreach programs and services. Section II. The South Bend Common Council encourages all members of our community to participate in the upcoming activities at First United Methodist Church th which include a dance on October 27 and a Church Reunion Weekend on October 27 through October 29, 2006; and commends Rev. Dan Berger, Senior Pastor; Rev. Bob Dungy, Pastoral Counselor; Dr. Wishart Bell, Director of Music; Diana Green, Coordinator of Children’s Ministries, Carl Reed, Director of the Upper Room; Dr. Betty Woodland, Organist; Gayle Wilson, Administrative Assistant, Dave Skalski, Building Manager; Patti McCready, Financial Manager; Pat Kyle, Director of the Soup Kitchen; 2 REGULAR MEETING SEPTEMBER 25, 2006 John & Kendra Endright of the Missionaries to the Democratic Republic of the Congo, and all of the congregation members in the many services provided for men, women, youth, Scouts, and visitors to our community and hope that the next 175 years will be just as rewarding and beneficial. Section III . This Resolution shall be in full force and effect from and after its adoption th by the Common Council this 25 day of September, 2006, and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/Kathleen Cekanski-Farrand, Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Kuspa, 434 South Liberty Street, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to the congregation. 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. Rev. Dan Berger, First United Methodist Church, thanked the Council for this honor. Rev. Berger stated that it has been a great reward to serve this church. The church has been a historic site in downtown South Bend for 175 years, and like their motto he stated that they are “Downtown for Good.” Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. RESOLUTION NO. 3640-06 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 Whereas, the National League of Cities is the oldest and largest national organization which serves as a resource and advocate for approximately 18,000 cities, towns and villages of all sizes across America, and collectively serves 225 million persons; and Whereas, the Common Council of the City of South Bend, Indiana, notes that the thth National League of Cities has designated September 25 through September 30 as the th 7 Annual Race Equality and Inclusive Communities Week; and th Whereas, the Common Council recognizes that the 7 Annual Race Equality and Inclusive Communities Week has been established and set aside as a time for communities to reaffirm their commitment to the elimination of racism and 3 REGULAR MEETING SEPTEMBER 25, 2006 discrimination by actively continuing to move forward with positive, meaningful and workable solutions; and Whereas, the Common Council believes in racial equality, fairness and democratic governance and therefore rededicates its efforts to work in partnership with others to becoming a stronger force in the South Bend community in promoting justice and fairness, racial and ethnic equality; and further encourages the 9-member South Bend Human Rights Commission and its staff to re-dedicate all of its efforts in making South Bend a healthier community in this critical area of human relations by increasing attention to this commitment. Now, Therefore, be it resolved, by the Common Council of the City of South th Bend, Indiana, on the 11 day of September, 2006, hereby resolves as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the thth Common Council hereby declares September 25 through September 30 as the 2006 Race Equality and Inclusive Communities Week in South Bend, Indiana. Section II. The South Bend Common Council publicly urges all of our residents, governmental officials and employers to celebrate the rich racial and ethnic diversity of our city, and specifically calls upon the South Bend Human Rights Commission to host and partner with others, events, such as diversity roundtables, internet chats, public television programs, retreats and workshops which would take place long after this week of celebration, which are specifically aimed at creating opportunities and events which bring community residents, businesses, neighborhoods, our faith-based community organizations, and visitors to South Bend opportunities to recognize our city’s rich diversity. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/Kathleen Cekanski-Farrand, Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Pfeifer, 1013 W. Washington Street, South Bend, Indiana, made the presentation for this Resolution by first offering her comments and then reading the Resolution in its entirety and presenting it to Carol Thon, United Religious Communities, Trina Robinson, NAACP, Bill Eagen, Human Rights Commission, Robin Beck, Another Book Store, and Greg Jones, St. Joe Valley Project. Robin Beck, (no address given) thanked the Council for this Resolution. She stated that it is with wonderful pleasure that she can step up here tonight with such a positive note for a change in front of the Council. The GLBT community, their families, friends, allays, also thank the Council for this Resolution. Ms. Beck stated that they look forward to the day when they will be included in the Human Rights Commission. Ms. Trina Robinson, (no address given) stated that on behalf of the NAACP, they thanked the Council for acknowledging equality for all people. Ms. Carol Thon, (no address given) stated on behalf of the United Religious Community that is over 100 St. Joseph County congregations and faith based organizations she 4 REGULAR MEETING SEPTEMBER 25, 2006 thanked the Council for this honor in recognizing diversity in the City of South Bend and its value to all who reside here. Mr. Greg Jones, (no address given) stated that on behalf of the St. Joseph Valley Project he would like to thank the Council for this honor and that diversity is an important park of their company and they value very highly. A diverse community is a successful community and it has been shown over and over again. He welcomed this recognition. Mr. Bill Eagen (no address given) stated that on behalf of the Human Rights Commission he thanked the Council for their cooperation in this Resolution and acknowledging equality for all. There was no one present wishing to speak to the Council in opposition to this Resolution. The following individual spoke in favor of this Resolution. Ms. Rhonda Redman, 518 N. Scott Street, South Bend, Indiana, spoke in favor of this Resolution. Ms. Redman advised that she supports equality and inclusion for all of the residents in South Bend. Passing this Resolution tonight is a wonderful start to putting South Bend on the path to being a truly inclusive City. She stated that she took some time to read through some of the information on the race equality and inclusive communities’ week, that was put out by the National League of Cities, the organization responsible for putting on this initiative. She was struck by the words of Jim Hunt, the NLC First Vice-President and a Councilmember from West Virginia. “While noting divisions along the lines of race and ethnicity, wealth and class, political party, religion, gender, disability, and sexual orientation, he said that there are still too many thems in America.” She noted that from personal experience these barriers that we build up between us and them aren’t good for anybody. He further states that real progress in a community requires leaders to take a risk and make a stand. Such wisdom should not be ignored. She read from the NLC 2005 Future’s Report, Inclusive Communities for All, Local Officials can lead the way, Cities and Towns are the natural place, the best place to make inclusiveness an everyday priority, yes there are risks involved, including the risk of offending established interest, but the greatest risk lies in doing nothing. Ms. Redman reiterated that the passage of this resolution is a wonderful start. She stated that her hope is that this Resolution is just the beginning of a real effort to make South Bend a truly inclusive City. She thanked the Council for putting forth this Resolution and the support. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Puzzello seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:33 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 nine (9) 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 (BILLS 55-06, 56-06 AND 57-06 COUNCIL PORTION ONLY) 5 REGULAR MEETING SEPTEMBER 25, 2006 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 Councilmember Pfeifer, Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon and voted to send this bill to the full Council with a favorable recommendation. Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 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 Councilmember Pfeifer, Chairperson, Personnel & Finance Committee reported that this committee met on this amended bill and voted to send this bill to the full Council with a favorable recommendation as amended. Kathleen Cekanski-Farrand, Council Attorney, read into the record the various amendments that were made. She stated that in Section II. of the bill at the request of the City Administration, the fund entitled Redevelopment Bond Fund Studebaker would be struck from that section. Upon a motion from the Personnel & Finance Committee the detail for what is listed as the County Economic Development Income Tax Fund #408, the detail would be amended under the expenditure line item Project Future, so that in the 2007 budget it would read $110,000. With the total expenditures the new amount being reduced to $3,182,916.00 and the revenue over expenditures now being $456,236.00. On the third page of that detail, under Project Future the amount would be amended to read $110,000.00 with the other services line item and well as the bottom line item on that amount now reading $3,182,916.00 to reflect that adjustment. All other motions that were made at the Personnel & Finance were to recommend favorably as proposed. Councilmember Puzzello made a motion to amend this bill. Councilmember Dieter seconded the motion, which carried by a voice vote of nine (9) ayes. Councilmember Varner advised that there was discussion held in the Council Committee portion regarding funding the College Football Hall of Fame. That funding proposes the expenditure of funds from Fund #377 which is a combination of Hotel-Motel Tax 1% and the Professional Sports Development Fund. He pointed out that there is no absolute need at this point and time to adopt this, for the simple reason, that this money can be st addressed and this issue can be addressed up until the 31 of December. He stated that the reason that this can be done is that because it doesn’t require any sort of a Public Tax Levy. There is a new agreement, which is an agreement between the Mayor and the 6 REGULAR MEETING SEPTEMBER 25, 2006 NFF, that agreement has not been brought to the Council for approval or review. He thinks that it deserves a Public Hearing and review; he thinks that for the sake of the Public and the rest of the City, an accounting of those expenditures. The proposal as it exists, the portion of the funds would be expended by non-elected, appointed body, which does not have as much representation from the City as it should, so with that in mind, he suggested that the Council withdraw this appropriation request Fund #377 transfer from st the College Football Hall of Fame and deal with this issue sometime before the 31 of December. Therefore, Councilmember Varner made a motion to withdraw the appropriation request for Fund #377 transfer from the College Football Hall of Fame and deal with the issue st sometime before the 31 of December. Councilmember Dieter seconded the motion, which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Rouse) The motion carried. Councilmember Varner called for clarification on the next motion dealing with the rest of the appropriations with the exception of Fund #377. Kathleen Cekanski-Farrand, Council Attorney, stated that if she understood the motion correctly, the Council in effect struck from Bill No. 56-06, Section II. Football Hall of Fame (Transfer) Councilmember Varner indicated that that was correct. Councilmember Pfeifer asked for clarification for the other part of that, she thought that there were two parts. Kathleen Cekanski-Farrand, Council Attorney, stated that would retain in that same section the Redevelopment Bond Fund College Football Hall of Fame, must take place th prior to September 30. Councilmember Dieter stated that he would like some clarification on the record with regard to Greenhouse. There were several Councilmember’s that have a deep concern with the City taking the Greenhouse out of the Park Budget for 2007. He stated that the Council did not get some of the information in a timely manner, and what they did receive they did not get a change to digest it. Councilmember Dieter asked Mayor Luecke to clarify exactly what was mentioned in the Committee Meeting, specifically the concerns of the Councilmember’s, and just for the record, respond to the request that he officially made to restore all of the proposed budget cuts for the Greenhouse. He noted that there has been discussion between Councilmember’s and they have concerns that need to be addressed. Councilmember Kirsits stated that his concern was with regard to passing a budget with no funding for the Greenhouse and in this eleventh hour with all the organizations and groups trying to find funding to help keep the greenhouse open, he is afraid that if the budget is passed with no line item and some funding, that there would be a problem later on in the year. Councilmember Kirsits related this issue to the Howard Park Ice Rink, where it was thought that that facility would have to be closed because of its cost to operate, and then funding was found and it has been a great place for all to enjoy. Councilmember Rouse stated that what he asked in the Committee Meeting was that he wanted a guarantee from the Mayor to come back in thirty (30) days and work out the area’s of concern, and pass the budget as it was presented, with the understanding that the greenhouse issue is still one that would be addressed and resolved. Councilmember Kuspa advised that he would like to see the budget passed as presented, with the assurance that the greenhouse issue would be addressed, when all the information has been presented such as the cost of rebuilding or repairing and remodeling. 7 REGULAR MEETING SEPTEMBER 25, 2006 Councilmember Varner stated that one of the responsibilities and duties as a Councilmember is to see to it that when an issue like the greenhouse comes up, that the Council has all the information presented to them, and good information is essential in making the right decision. The Council has an obligation to look into the Greenhouse issue deeper. An honest chance needs to be given and that has not happened. All options need to be looked at whether or not to keep the greenhouse open or having to close it, because it may not be fiscally responsible to do so. Councilmember Puzzello, stated that because this part of the budget has to be passed by st the 1 of October, she did not think that the Council would have time to look at the Greenhouse issue properly to see where cuts could possibly be made to keep it open. She stated that she is in favor of passing the budget as it stands now, with no funding for the greenhouse, however, when the Mayor and the Administration look at possible funding opportunities that the Council be involved in that process and the best Committee is the PARC Committee, headed by Councilmember Dieter, to be part of the process in finding money to keep the Greenhouse open. Councilmember Kelly stated that this is not an easy thing to do. There has been an outpouring of citizen support for the greenhouses and conservatories. He stated that the rd Council should do all in their power to save them. This exists in the 3 District, which he noted that he was elected to represent, so this is a passionate issue for him. Many, many citizens of the District have signed a petition indicating their support and now the next questions is the support of finding money. That is the critical issue here, no question about it. To maintain the greenhouse and conservatory in the right fashion will take a lot of money, and how the City goes about getting that, whether it is by foundations, grants, or donations, this is an issue that is near and dear to his heart. He noted that the greenhouse and conservatory have been a part of the community for a great number of years and he would like keep it that way. Councilmember Pfeifer stated that it is always a good thing when community members get excited and become involved in issues that are of concern in the City. She stated that she does not have a problem passing this bill the way that it has been presented. She stated that she has every faith that the Administration and the Council will work together and do everything possible to resolve the Greenhouse issue. Councilmember Dieter thanked Mayor Luecke for reconsidering looking at the Greenhouse and Conservatory and stated that he believes very confidently that the funding can be found through the community and various departments like the Historic Preservation Commission and through grants and donations. th Mayor Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, stated that he committed in the Committee Meeting this afternoon, that the Administration will put together more detailed figures within a thirty (30) day period, to bring back to the Council, along with Councilmember Dieter, Chairperson, PARCS Committee will be a part of that process, along with Catherine Hostetler, Director, Historic Preservation Commission to include her in the process as well. Mayor Luecke stated that Phil St. Clair, Director of the Parks Department, has had architects in the buildings before to look at a number of different scenarios. Mr. St. Clair had them there before to inquire on what it would take to completely renovate the entire complex or what would it take to move the entire complex. The Park Department contemplated moving this facility into the Zoo. The direction at this point is to say, what are some different options, if the greenhouse is removed and the conservatory is kept. What would the cost be, not only to do the needed repairs, but also to try to estimate an operating budget? Another option would be to keep some of the original greenhouses plus the conservatories, and then what would that cost be? Both capital and operational cost. The Mayor reiterated his commitment to come back to the table with that. Mayor Luecke stated to Council President Rouse that he could not commit that the Administration would have a resolution to what he is asking for. But the Mayor stated that he would come back with numbers that talk about what is needed to do it, and then engage and enter into conversation with the Council about finding resources to do that together. The key issue here is not the capital side, generally you can get dollars to make repairs or 8 REGULAR MEETING SEPTEMBER 25, 2006 improvements or get donations of labor and materials. The administration is pleased and excited that the community has come forward and wants to participate and different contractors have spoken to the City with possibility of participating. The long term important factor is the operational costs. So, again the Mayor reiterated that they will look at trying to have a better estimate of what operational costs would be and different configurations, so the Administration can talk with the Council about that and make together a judgment of what makes most sense. Obviously, the Park Department and Park Board likewise will be involved in this decision. Councilmember Pfeifer called for a point of order from Council Attorney Kathleen Cekanski-Farrand. Councilmember Pfeifer asked if the Council has the figure changes that were needed. Kathleen Cekanski-Farrand, Council Attorney, stated that figure changes were made on one fund and that was the County Economic Development Income Tax Fund, the Council has deleted the Football Hall of Fame Transfer and also the Development Bond Fund Studebaker. Councilmember Pfeifer asked if the Council needed any changes on Fund #408. Kathleen Cekanski-Farrand, Council Attorney, stated that was the amendment that she read into the record earlier. Councilmember Pfeifer made a motion for favorable recommendation to full Council concerning this bill as amended. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 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, Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon and voted to send this bill to the full Council with a favorable recommendation. Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White thanked Councilmember Pfeifer, Chairperson, Personnel & Finance Committee along with the Administration and staff for their hard work. She is very appreciative that the City Administration was able to present a budget that knowing that the resources are not at the level that they would like them to be. But the Council is able to present a budget that will continue to meet the needs of the community as well as deliver services. Some tough decisions had to be made, the Council was not totally in agreement, but were able to come together to support budgets that will be able to sustain st this community and will allow for continued movement toward the 21 Century. Councilmember Pfeifer thanked all the Councilmembers, Catherine Fanello, Tom Skarbek, Mayor Luecke, all the Department Heads, and also all the members of the Community that came out to the budget hearings. The hearings were better attended than ever. She noted that it was hard to get up on Saturday morning and especially on a Notre Dame Home Game. Councilmember Kirsits thanked Mayor Luecke and City Controller Catherine Fanello, the way the information was presented this year was outstanding. 9 REGULAR MEETING SEPTEMBER 25, 2006 BILL NO. 46-06 PUBLIC HEARING 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 Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to continue this bill until the November 27, 2006 meeting of the Council. Councilmember Puzzello advised that there have been several meetings that were held to discuss this bill. A consensus cannot be reached at this time. She noted that the Council agrees that parking in yards should be banned in the City of South Bend, but when it came time for a special exception, a decision on how that should be handled could not be reached. There is a lot of information that needs to be discussed, if the Council chooses to separate these two issues and that is the reason for the continuance. The Council has ninety (90) days from the date of the letter from the Area Plan Commission, to act upon this bill, so there is time to discuss and make changes. Councilmember Kirsits stated that it was his understanding that a companion ordinance would be drawn up so that it would allow for the permitting, through the Board of Public Works, to issues those permits and for stricter enforcement for the all out ban of parking in yards. Councilmember Kirsits stated that the Ordinance would allow the Police to have a better tool to enforce this law and be able to ticket vehicles in violation along with the Department of Code Enforcement. Councilmember Rouse stated that there is a lot of work that needs to be done, but he thinks that the Council needs a document like the one that Attorney James Masters presented to the Council to use as a base to establish criteria for allowing for a special exception and give it due diligence. Councilmember Pfeifer stated for the record that the Council needs to let neighbors know that the Council sees parking on yards as a negative quality of life issue. She noted that all Councilmember’s on board are responsible for doing something about that. Cathy Toppel, Director of Code Enforcement, stated that she would like for the Council to have documentation, so that her office can enforce the issue. Councilmember Pfeifer reiterated that the Council does not support parking in yards and that the Council needs to address this issue, because it continues to be a major negative issue in many of the neighborhoods and something has to be done about it. Councilmember Kelly made a motion to continue this bill until the November 27, 2006 meeting of the Council, and send this bill back to the Zoning and Annexation Committee for a meeting on October 14, 2006. Councilmember Dieter seconded the motion which carried by a voice vote of nine ayes. BILL NO. 62-06 PUBLIC HEARING ON A BILL FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2007 Councilmember Pfeifer made a motion to accept the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. 10 REGULAR MEETING SEPTEMBER 25, 2006 Councilmember Pfeifer, Chairperson, Personnel & Finance Committee, reported that this committee met on this bill and voted to send it to the full Council with a favorable recommendation. th Ms. Catherine Fannello, 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 bill sets the maximum salaries for 2007 for the Teamster positions and wages. She noted that the Administration is waiting for the Teamsters to pass their contract. This ordinance set the maximum and so they are safe. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 60-06 PUBLIC HEARING 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 USE OF THE STATE REVOLVING LOAN FUNDS BALANCE OF $638,682 FOR HYDRAULIC IMPROVEMENTS Councilmember Al “Buddy” Kirsits, Chairperson, Utilities Committee, reported tat this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Jack Dillon, Director, Environmental Services, 3113 Riverside Drive, South Bend, Indiana, made the presentation for this bill. Mr. Dillon stated that this bill deals with an amendment of Ordinance No. 8919-98, to modify the scope of the improvements planned for the wastewater treatment plant. These modifications will allow us to spend the balance of the State Revolving Fund monies earmarked for in 1998 to include the removal of hydraulic deficiencies at the wastewater plant. This project will allow compliance with the CSO Long Term Plan requirements to maximize flow through the plant during wet weather. Mr. Dillon stated that IDEM has approved the modification. 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 nine (9) ayes. RISE AND REPORT Councilmember Puzzello made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. 11 REGULAR MEETING SEPTEMBER 25, 2006 ATTEST: ATTEST: __________________________ ________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 8:10 p.m. Council President Rouse presided with eight (8) member’s presents BILLS, THIRD READING ORDINANCE NO. 9699-06 AN ORDINANCE 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 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 nine (9) ayes. ORDINANCE NO. 9700-06 AN ORDINANCE 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 This bill had third reading. Councilmember Pfeifer made a motion to amend this bill as it was in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill as amended. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9701-06 AN ORDINANCE 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 12 REGULAR MEETING SEPTEMBER 25, 2006 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 nine (9) ayes. ORDINANCE NO. 9702-06 AN ORDINANCE FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2007 This bill had third reading. Councilmember Pfeifer made a motion to amend this bill as it was in the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill as amended. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9703-06 AN ORDINANCE 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 USE OF THE STATE REVOLVING LOAN FUNDS BALANCE OF $638,682 FOR HYDRAULIC IMPROVEMENTS This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3641-06 AN RESOLUTION CONFIRMING THE ADOPTION OF A DECLARTORY 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. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3605 West Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, nd Range 2 East, 2 P.M., St. Joseph County, Indiana, and more particularly described as follows: Beginning at a point on the East-West Half section line of said East Half North 88 degrees 53 minutes 36 second East 915.58 feet from the center of said Section 21; thence North 0 degrees 56 minutes 57 seconds West 338.80 feet; thence North 88 degrees 53 minutes 36 13 REGULAR MEETING SEPTEMBER 25, 2006 seconds East, parallel with the East-West half section line of said Section, 800.00 feet; thence South 0 degrees 56 minutes 57 seconds East 1726.13 feet; thence northwesterly 550.14 feet along an arc to the right having a radius of 4463.66 feet and subtended by a long chord having a bearing of North 54 degrees 36 minutes 59 seconds West and a distance of 549.80 feet; thence North 51 degrees 05 minutes 08 seconds West 465.22 feet; thence North 0 degrees 56 minutes 57 seconds West 761.20 feet to the East-West half section line of said East half the point of beginning, and containing 26.203 acres, more or less and which has Key Number 25-1013-0218 as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of (5) five years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Ed Fain, Plant Manger, Federal-Mogul Powertrain, Inc., 3605 W. Cleveland Road, South Bend, Indiana, made the presentation for this bill. Mr. Fain advised that Federal Mogul is a manufacturer of automotive pistons. Customers include most of the major foreign and domestic automotive manufacturers. Operations in South Bend began in 1987. The project will invest $4,779,000 in new manufacturing equipment which will be acquired and installed under four categories: 1) a new assembly cell line – Chrysler 4.7L (the Daimler Chrysler 4.7L is new business for Federal Mogul); 2) productivity improvement and safety; 3) research and development and 4) information technology. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 14 REGULAR MEETING SEPTEMBER 25, 2006 RESOLUTION NO. 3642-06 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 WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as a vacant lot adjacent to 1401 South Main Street, South Bend, Indiana, and which is more particularly described as follows: Lots Numbered Twelve (12), Thirteen (13), Fourteen (14), and Fifteen (15) as shown on the recorded plat of Samuel C. Stull’s First Addition to the City of South Bend, excepting there from Fifty (50) feet taken off of and from the entire east side of said lots and which has Key Number 18-8004-0166, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (3) three years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. 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. 15 REGULAR MEETING SEPTEMBER 25, 2006 SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. William Jagger, Vice-President, Old Fort Building Supply, Inc., 1401 S. Main Street, South Bend, Indiana, made the presentation for this bill. Mr. Jagger advised that Old Fort Building Supply is a major supplier of construction materials to the Michiana area. The main product lines are brick, architectural block, stone, landscaping pavers, drywall, acoustical ceilings and related products. The company plans to renovate a city-owned, vacant lot into a paved and fenced outdoor storage yard for masonry products. The additional storage is Phase I of a four-phase expansion plan at Old Fort. The estimated cost of the addition is $200,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember 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 nine (9) ayes. RESOLUTION NO. 3643-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 105 NORTH NILES AVENUE AS 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, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 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; 16 REGULAR MEETING SEPTEMBER 25, 2006 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, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (8) eight years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. 17 REGULAR MEETING SEPTEMBER 25, 2006 s/Timothy A. Rouse Member of the Common Council Mr. Timothy A. Baker, Executive Vice-President, Asset Management, 227 South Main Street, Suite 300, P. O. Box 1331, 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 of 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3644-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 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: 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 18 REGULAR MEETING SEPTEMBER 25, 2006 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, 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 19 REGULAR MEETING SEPTEMBER 25, 2006 F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. J. Bernard Feeney, Registered Land Surveyor, Lang, Feeney & Associates, Inc., 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill. 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 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 nine (9) ayes. 20 REGULAR MEETING SEPTEMBER 25, 2006 RESOLUTION NO. 3645-06 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 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 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 920 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: the North Half (1/2) of the West Half (1/2) of Lot Numbered One Hundred Twenty-One (121) as shown on the recorded Plat of Edward Sorin’s Second Addition to the Town of Lowell, now within and a part of the City of South Bend, recorded July 27, 1860, in Plat Book I, page 10, in the Office of the Recorder of St. Joseph County, Indiana. the South Half (1/2) of the West Half (1/2) of Lot Numbered One Hundred Twenty-One (121) as shown on the recorded Plat of Edward Sorin’s Second Addition to the Town of Lowell, now a part of the City of South Bend, recorded July 27, 1860, in Plat Book I, page 10, in the Office of the Recorder of St. Joseph County, Indiana , and this property has Tax Key Numbers 18-5106-3721 and 18-5106-2722be 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 21 REGULAR MEETING SEPTEMBER 25, 2006 ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby 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 22 REGULAR MEETING SEPTEMBER 25, 2006 designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Dale DeVon, owner, DeVon Custom Homes, Inc., 14254 Wynstone Ct., Granger, Indiana, made the presentation on behalf of the owners Mark A. and Ruth M. Noll. Mr. DeVon advised that Mark A. and Ruth M. Noll intend to construct a new, two story residential dwelling of 2,360 square feet with approximately eight (8) rooms, a two-car garage and half-finished basement. The home will be constructed on a vacant lost as part of the Northeast Neighborhood Redevelopment Project. The estimated cost of the project will be $350,000. 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 Varner 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 nine (9) ayes RESOLUTION NO. 3646-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FORMALLY DESIGNATING THE NATIONAL MANAGEMENT SYSTEMS (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE CITY OF SOUTH BEND, INDIANA Whereas, the Common Council of the City of South Bend, Indiana, recognizes that the Homeland Security President Director (HSPD)-5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System which would provide a consistent nationwide approach for federal, state and local governments to work more effectively and efficiently to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size or complexity; and Whereas, the Common Council further recognizes that the collective input and guidance from all federal, state, and local homeland security partners has been, and will continue to be vital to the effective implementation and utilization of a comprehensive national incident management system (NIMS); and Whereas, it is necessary and desirable that all federal, state and local emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest level of incident management; and Whereas, to facilitate the most efficient and effective incident management it is critical that federal, state and local organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualifications standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and Whereas, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the city’s ability to utilize federal funding, to enhance local agency readiness, to maintain first responder safety and will help streamline incident management processes; 23 REGULAR MEETING SEPTEMBER 25, 2006 Whereas, the Incident Command System (ICS) components of NIMS are already an integral part of various incident management throughout the city and county, including current fire department and emergency management training programs; and Whereas, the National Commission on Terrorist Attacks (9-11 Commission) recommend the adoption of a standardized Incident Command System. Now, Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. The City of South Bend, Indiana, through its Common Council hereby adopts and establishes the National Incident Management System (NIMS) as the city’s standard for incident management Section II A copy of this Resolution shall be sent to the Joint Anti-Terrorism Steering Committee and to the Joint Anti-Terrorism Preparedness and Response Committee which represent South Bend, Mishawaka and St. Joseph County. Section III. The Common Council of the City of South Bend, Indiana believes that the adoption of the foregoing resolution is in the best interests of the citizens of South Bend, Indiana. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Attest: s/John Voorde, City Clerk Presented by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the 26th day of September, 2006, at 1:50 o’clock p. m. s/Janice Talboom, Deputy Clerk Approved and signed by me on the 27th day of September 2006, at 9 o’clock a.m. s/Stephen J. Luecke Mayor of the City of South Bend, Indiana BILLS, FIRST READING BILL NO. 63-06 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF PLEASANT STREET FROM THE EAST RIGHT OF WAY TH LINE OF 26 STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET, MORE OR LESS, AND A WIDTH OF 14 FEET BEING A PART OF THE RIVER PARK ST 1 SUBDIVISION OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 24 REGULAR MEETING SEPTEMBER 25, 2006 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on October 9, 2006. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 64-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW SECTION 2-170.9 ESTABLISHING A NON-REVERTING “PALAIS ROYALE HISTORIC PRESERVATION FUND” This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on October 9, 2006. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM THE 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 on Tuesday, September 19, 2006: BILL NO. 48-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1210 MIAMI STREET, SOUTH BEND, INDIANA 46601, COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA 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 October 9, 2006. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 49-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN PROPERTY GENERALLY LOCATED EAST OF EDDY STREET, WEST OF IVY ROAD AND SOUTH OF (AND INCLUDING) EDISON ROAD (AS RE- ALIGNED) IN PORTAGE TOWNSHIP AND CONTIGUOUS THEREWITH COUNCILMANIC DISTRICT NO. 4 Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing on October 23, 2006. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 25 REGULAR MEETING SEPTEMBER 25, 2006 BILL NO. 50-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5117 SOUTH IRONWOOD DRIVE, COUNCILMANIC DISTRICT NO. 5, IN THE CITY OF SOUTH BEND, INDIANA 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 October 9, 2006. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UPDATE FROM THE AREA PLAN COMMISSION: CITY PLAN – COMPREHENSIVE PLAN FOR THE CITY OF SOUTH BEND Councilmember Dieter made a motion to refer this bill to the Zoning and Annexation Committee. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REQUEST TO WITHDRAW BILL NO. 04-102 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FORMALLY ACKNOWLEDGING THE ADOPTION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIC FRAMEWORK FOR ALL EMERGENCY RESPONSE PROVIDERS Councilmember Puzzello made a motion to strike Bill No. 04-102 at the request of the petitioner. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS There was no new business to come before the Council at this time. UPDATES FROM COUNCILMEMBER’S SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS Councilmember Kelly stated that he attended the Area Plan Commission and the results of that meeting are on file in the Office of the City Clerk and copies have been distributed to all Councilmember’s. Councilmember Varner stated that he is the Council’s representative on the Michiana Area Council of Governments (MACOG) and on October 11, 2006, the U.S. 31 Committee will hold a hearing to discuss plans for the next phase of the U.S. expansion. Councilmember White stated that the Health and Public Safety Committee will hold a meeting at 4:00 p.m. on Wednesday, September 27, 2006 to continue discussion on the Disorderly House Ordinance with representative from the University of Notre Dame Student Body. Councilmember Pfeifer stated that the Personnel & Finance Committee will hold a meeting from 8:00 – 10:00 a.m., on October 14, 2006 to discuss Budget Issues. Councilmember Pfeifer advised that Art Beat was wonderful. It was so nice to local artists and their talents displayed downtown. 26 REGULAR MEETING SEPTEMBER 25, 2006 Councilmember Dieter thanked City Clerk John Voorde and his staff for all their hard work during budget time. He also commended Council Attorney Kathleen Cekanski- Farrand for her expertise during negotiations and all of the budget meetings. PRIVILEGE OF THE FLOOR COMMENTS REGARDING THE GREENHOUSE AND CONSERVATORIES Ms. Jean DeWinter, 1226 Altgeld, South Bend, Indiana, spoke opposed to the closing of the greenhouse and conservatories. She advised that that she is a marketing professional. It is her job to have ideas on how to sell things and how to make companies more profitable. She has been paid to market products on all types of budgets and sometimes the only budget that she has had at her disposal has been her own manpower, existing office supplies and the wonderful technology called the internet. She is here today to suggest that money can be made at the conservatories and greenhouses with little resources. This is in regard to the long term plan on keeping money for the operational budget for the greenhouses and conservatories. In her opinion it means using the in- house talent to find creative marketing strategies on a shoestring. She stated that she has ten suggestions: 1. Remove the awkward turnstile at the entrance that does not consistently take money or accurately calculate visitors. Replace with human volunteers who will accept a higher entrance fee and solicit additional donations. The Ft. Wayne Conservatory charges $4.00 for adults and $2.00 for children. As opposed to the $1.00 for adults and $.50 for children that is charged here in South Bend. 2. Increase visitor hours on weekends and have extended hours on special events. Greenhouse could again be manned by volunteer base, again reducing overhead. 3. Increase the rental fees for wedding showers, weddings and other events, the current rate of $25.00 and $35.00 that is currently being charged the Park Department is loosing money on hosting these events. Even a small increase to $75.00 to $150.00 depending on the size and number of hours is a reasonable fee for such a gorgeous setting. 4. Create a working greenhouse, rent space on a yearly or monthly membership to individuals or organizations that promote horticulture and horticultural awareness. 5. Work with the South Bend Community School Corporation to include the conservatories collection into its Science Curriculum. Find a local business to underwrite or sponsor that curriculum.If fact why doesn’t the City ask local businesses to donate their maintenance service or to underwrite its upkeep cost completely. 6. Grow and sell flowers, plant and herbs for purchase on a year round basis, especially hard to find rare species. These are desirable to green thumbs that will pay premium prices for something unique. 7. Begin an adopt a greenhouse program; this will insure that the space is actively maintained throughout the year. 8. Hold non plant related community events and fundraiser on the grounds. 9. Create a cost effective marketing campaign, one form could be an e-mail newsletter that costs just pennies per e-mail as opposed to .39 for a stamp and circulate to friends of the greenhouse and other interested citizens. The newsletter would work to keep people informed on the events taking place, opportunities for volunteer service and also act as a call to action when financial consideration is in need. These are just a few ways to increase the greenhouses and conservatories profitability. However, to truly understand their value, these options as well as many other ideas must 27 REGULAR MEETING SEPTEMBER 25, 2006 be evaluated and considered by the public and the City together. The news on the fate of the greenhouses and conservatories broke to the public on September 7, 2006, today is September 25, 2006, and the public has only been given eighteen days to launch a defense for buildings that are irreplaceable for plants and exotic species that are absolutely priceless. She believes that money can be found and she does not believe that the City has to cut off essential services to find it. Individual talent, the talent of concerned citizens and empowered City employees can find solutions together, they just need to be give adequate time which is all that is required to find cost effective solutions that benefit over time. She is respectfully requesting to be put on a task force that is formed. The Council, Administration and Citizens owe it to the benefactors to continue the legacy that they donated to this Community; it is owed to the future, and must save what would be a crime to abandon. This topic has been referred to Councilmember Derek D. Dieter, Chairperson, PARC Committee. st Ms. Janet Maciulski, 1117 S. 31 Street, South Bend, Indiana spoke opposed to the closing of the greenhouse and conservatories. She stated that she is concerned about what was mentioned in this afternoon’s committee meeting. She wondered why Mr. St. Clair’s report was turned in today instead of in a timely manner that would allow the Committee Members to actually have time to look at the information and have some idea before a vote would be taken on the same day? Why would the amount of money be subtracted from the budget being $100,000.00, when the citizens were told that it would cost almost $300,000.00 to maintain and operate the greenhouses and conservatories for a year? Is that $100,000.00 the cost of demolition? She wondered why with a 1.3 million dollar surplus, for capital projects at the end of 2007 year as stated by Mr. St. Clair, why the operation of the greenhouses couldn’t be included in the budget for at least one more year. So that all options could be investigated, instead of making such a hasty decision. No programs need to be cut if that is really a surplus in the capital projects. Where is the power now? Please make sure that this doesn’t turn into being such a huge mistake. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 8:45 p.m. ATTEST: ATTEST: ___________________________ __________________________ John Voorde, City Clerk Timothy A. Rouse, President 28