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HomeMy WebLinkAbout11-27-06 Council Meeting Minutes REGULAR MEETINGNOVEMBER 27, 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, November 27, 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 November 13, 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 Kuspa made a motion that the minutes of the November 13, 2006, meeting of the Council be accepted and placed on file. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 3662-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE CROSSING EDUCATIONAL CENTERS FOR THEIR GOAL OF “IMPACTING LIVES THROUGH EDUCATION BY FOCUSING ON THE HEART AND MIND” 1 REGULAR MEETINGNOVEMBER 27, 2006 Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that the Board of Directors of The Crossing Educational Centers have established private alternative schools for the hundreds of youth who struggle in a normal school environment; and Whereas, the Council notes that currently there are Crossing Educational Centers located at: The Crossing Café 1202 West Pike Street, Goshen Grades 9-12 Music City Coffee Company 2930 S. Nappanee Street, Elkhart Grades 7-12 Crossing of Middlebury 511 South Main Street, Middlebury Grades 9-12 Crossing of South Bend 1820 South Michigan Street Grades 9-12 Crossing of South Bend 526 W. Western Avenue Grades 9-12 with additional locations in South Bend, Gary and Chicago, Illinois being currently pursued; and Whereas, the Common Council further recognizes that The Crossing also offers a “Crossing Connections Adult Mentor Program” which provides positive role models for students who have specific social, financial, spiritual or emotional needs; Whereas, The Crossing Educational Centers provide alternative programs for at- risk youth who have struggled with schooling by offering a nurturing and encouraging environment which focuses on the theme that “educationaddresses all aspects of a student’s life”, with all of the educational centers being fully accredited by the Indiana Department of Education. Now, Therefore, be it resolved, by the Common Council 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 each and every member on the staff, the Board of Trustees and in particular Rob Staley for their vision, leadership, tenacity and determination by providing viable educational alternatives for at-risk youth with the establishment of The Crossing Educational Centers. Section II. The South Bend Common Council believes that the hard-work, discipline, and dedication of all of the individuals associated with The Crossing Educational Centers help fill a very serious void for communities and neighborhoods where many of their youth have struggled in typical 9-12 school environments, by offering an accredited educational program where at-risk youth are provided with opportunities to learn and be educated so that they may become positive and contributing persons. Section III . The Common Council wishes everyone associated with The Crossing Educational Centersthe very best in the years ahead, and especially wishes to thank all of their teachers and staff for locating in South Bend and dedicating themselves to help many of our at-risk youth. Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/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 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor 2 REGULAR MEETINGNOVEMBER 27, 2006 Councilmember Timothy A. Rouse, 605 N. Cherry Tree Ln, 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 Mr. Rob Staley. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Mr. Staley thanked the Council for this honor.He stated that the Crossings provides for at-risk youths who struggle with schooling and offer an encouraging environment which focuses on the theme of “education addresses all aspects of a student’s life.” Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLUTION NO. 3663-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE BROWN INTERMEDIATE CENTER BOY’S SOCCER TEAM FOR WINNING THE 2006 SOUTH BEND SCHOOL COMMUNITY CORPORATION’S CITY CHAMPIONSHIP Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that the Brown Intermediate Center program is designed to meet the academic, thth social, emotional and physical needs of 5 through 8 grade students by providing quality educational instructional programs, and also provides opportunities for boys to learn and enjoy the sport of soccer; and Whereas, the Council notes that this academic year, Brown has a student enrollment of 707, had an attendance rate of 94.3% for the past academic year and provides creative learning studios, physics lab, independent research, technology based instruction, state of the art computer labs, accelerated math and foreign language programs and problem-solving instruction; and Whereas, the Common Council would especially like to publicly recognize Head Coach Dustan Harleyandthe following named student-athletes of the Brown Intermediate Center Boys Soccer Team and all of the individuals associated with the “” Home of the Bisons who scored 85 goals this season while only giving up 4 goals to their opponents, who recorded 7 shutouts: Eric Gee Abdul Kamara Christopher Nduati Edwin Santiago Steven Molina Ali Salman Philip Thompson Jose Angulo Oscar Molina Fredy Yanes Juan Mendoza IeshaArnold, Mgr. Edehr Herrera Patrick Quaye Antonio Garcilazo Emmanuel Toe Makarios Ngure Mario Garcilazo Jair Ramirez-Guzman, Student Coach Now, Therefore, be it resolved, by the Common Council 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 each and every member of the BROWN INTERMEDIATE CENTER BOYS SOCCER TEAMalong with their principal, Margaret Lewis, and their Athletic Director, Mahlon Lowery, for winning the SOUTH 3 REGULAR MEETINGNOVEMBER 27, 2006 BEND COMMUNITY SCHOOL CORPORATION’S 2006 SCHOOL TOURNAMENT CHAMPIONSHIP. Section II. The South Bend Common Council believes that the hard-work, discipline, and dedication of the student-athletes on the BROWN INTERMEDIATE CENTER BOYS SOCCER TEAMhas enabled each boy to be an excellent role model with each team member bringing the highest of honors to himself, his family and friends, the Brown Intermediate Center, the South Bend Community School Corporation and all of the residents of the City of South Bend, Indiana. Section III . The Common Council wishes the BROWN INTERMEDIATE CENTER BOYS SOCCER TEAMthe very best in the years ahead, both in the classroom and on the soccer field as they experience and learn from the value of such athletic competition as being an integral and vital part of the total school experience where such activities provide opportunities to learn the values of competition and good sportsmanship, while pursuing educational excellence in the classroom. Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/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 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Kirsits, 722 Marquette Avenue, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Coach Dustan Harley and the members of the Brown Intermediate Center Boys Soccer Team. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Mr. Dustan Harley, Head Coach, Brown Intermediate Center, thanked the Council for this honor. He stated that this is a great group of students who not only demonstrated outstanding athletic ability but maintained their academic standards as well. Councilmember Kuspa made a motion to adopt this Resolution by acclamation. Councilmember Kelly seconded the motion which carried. RESOLUTION NO. 3664-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE BROWN INTERMEDIATE CENTER BOYS CROSS COUNTRY TEAM FOR WINNING THE 2006 SOUTH BEND COMMUNITY SCHOOL CORPORATION’S CITY CHAMPIONSHIP 4 REGULAR MEETINGNOVEMBER 27, 2006 Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that Brown Intermediate Center, located at 737 West Beale Street in South Bend, Indiana, is one of nine intermediate centers which is designed to serve students in grades 5 through 8 and be a bridge between the primary centers and the high schools; and Whereas, the Council notes that Brown has a student enrollment of 707 for the 2006-2007 academic year, and while many public schools in the United States do not offer the opportunity to compete in cross country, the Brown Intermediate Center boys cross country program is widely respected throughout the region; and Whereas, the Common Council would especially like to publicly recognize Head Coach James Bartholomew and the following named student-athletes on the boys Brown “ Cross Country Team and all of the individuals associated with the Home of the Bison’s” 2006 City Championship Boys Cross Country Team who won the with combined scores thththth for the 5/6 grade teams and the 7/8 grade teams of 123: Chris Arnold Robert Cornell Colt Reser Marteze Butler Tevin Cross Ian Rinker Ryan Click Danny Gross Patrick Sellers John Click Torreay Harris Kyle Suter Tyresee Muhammud Now, Therefore, be it resolved, by the Common Council 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 each and every member on the boys BROWN INTERMEDIATE CENTER CROSS COUNTRY TEAM along with their Principal, Margaret Lewis, and their Athletic Director, Mahlon Lowery, for winning the SOUTH BEND COMMUNITY SCHOOL CORPORATION’S CHAMPIONSHIP in Cross Countryin 2006. Section II. The South Bend Common Council believes that the hard-work, “ discipline, and dedication of the student-athletes on the HOME OF THE BISON’S BOYS CROSS COUNTRY TEAM has enabled each of these boys to be an excellent role model with each team member bringing the highest of honors to himself, his family and friends, the Brown Intermediate Center, the South Bend Community School Corporation and all of the residents of the City of South Bend. Section III . The Common Council wishes the boys BROWN INTERMEDIATE CENTER CROSS COUNTRY TEAM the very best in the years ahead, both in the classroom and on the cross country field as each of them pursue the highest of all scores in academics and athletics. Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/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 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Kirsits, 722 Marquette Avenue, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the 5 REGULAR MEETINGNOVEMBER 27, 2006 Resolution in its entirety and presenting it to Coach Bartholomew and the members of the Brown Intermediate Center Boys Cross Country Team. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Mr. James Bartholomew, Head Coach, Brown Intermediate Center Boys Cross Country Team, thanked the Council for this honor. Coach Bartholomew advised that these boys have been running since school started and continue to run even with the season being over. He stated that they are a great group of boys who excel both on and off the track. Councilmember Kirsits made a motion to adopt this Resolution by acclamation. Councilmember Pfeifer seconded the motion which carried. RESOLUTION NO. 3665-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE CORPUS CHRISTI CATHOLIC SCHOOL GIRLS SOFTBALL TEAM FOR WINNING THE 2006 ICCL CHAMPIONSHIP Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that Corpus Christi Catholic School is located at 2817 Corpus Christi Drive in South Bend and provides educational opportunities for students from pre-kindergarten to th 8 grade which recognizes self-discipline, personal responsibility and the dignity of all persons; and Whereas, the Council notes that Corpus Christi Catholic School has a diverse coed population of 438 students with ethnic backgrounds including Asian Pacific Islander, Hispanic, African American and Caucasian; is associated with the National Catholic Educational Association; has a student/teacher ratio of 25 to 1; and offers sports thth programs for 5 through 8 grade boys in football, soccer, basketball, baseball and thth wrestling and for 5 through 8 grade girls in soccer, softball, volleyball, basketball, track and cheerleading; and Whereas, the Common Council would especially like to publicly recognize coaches Bob Schaeper, Carl Bals, Emma Falcon and Larry Falcon, and the following thth named student-athletes on the Corpus Christi 7-8 Grade Girls Softball Teamand all of “”2006 Inter- the individuals associated with the Corpus Christi Cougarswho won the City Catholic League (ICCL) Championship who had a team record of 10-1, and beat St. Anthony 3-2, in the ICCL Championship game: Ann Marie Lindzy Kate O’Brien Emma Gerhold Annie Bednarek Theresa Kinney Gretchen Cyr Jenny Bals Delia Falcon Jenny Magor Tiffany Schindler Jessica Ferro Finda Kamanda Katie McNamera Now, Therefore, be it resolved, by the Common Council 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 each and every member on the CORPUS THTH CHRISTI 7 & 8 GRADE GIRLS SOFTBALL TEAM along with their Principal, Susan LaPeer, their Athletic Director, Louis Berthold, and their Pastor Rev. Camillo Tirabassi for winning the 2006 INTER-CITY LEAGUE (ICCL) CHAMPIONSHIP. 6 REGULAR MEETINGNOVEMBER 27, 2006 Section II. The South Bend Common Council believes that the hard-work, discipline, and dedication of each of the student-athletes on the CORPUS CHRISTI THTH COUGARS 7 & 8 GRADE GIRLS SOFTBALL TEAM has enabled each of these girls to be an excellent role model with each softball team member bringing the highest of honors to herself, her family and friends, the Corpus Christi Catholic School, the Diocese of Fort Wayne-South Bend, and all of the residents of South Bend, Indiana. Section III . The Common Council wishes the CORPUS CHRISTI COUGARS THTH 7 & 8 GRADE GIRLS SOFTBALL TEAM the very best in the years ahead, both in the classroom and on the softball field as each of them pursue the highest of all scores in academics and athletics. Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/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 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor 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 Coach Bob Schaeper. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Mr. Bob Schaeper, Coach, Corpus Christi Catholic School Girls Softball Team, thanked the Council for this honor. Mr. Schaeper stated that it has been an honor coaching such a great group of girls. Not only have they shown outstanding dedication and hard-work, but they are very disciplined student-athletes. Councilmember Kuspa made a motion to adopt this Resolution by acclamation. Councilmember Pfeifer seconded the motion which carried. RESOLUTION NO. 3666-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE ST. ANTHONY/ST. JOSEPH FOOTBALL TEAM FOR WINNING THE 2006 INTER-CITY CATHOLIC LEAGUE (ICCL) LOCAL CHAMPIONSHIP Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that St. Anthony De Padua School is located at 2310 East Jefferson Boulevard in South Bend and St. Joseph Elementary School is located at 216 North Hill Street in South Bend, and both of these schools provide excellent educational opportunities for th students from kindergarten through the 8 grade; and Whereas, the Council notes that both St. Anthony and St Joseph schools are associated with the National Catholic Educational Association; are affiliated with the 7 REGULAR MEETINGNOVEMBER 27, 2006 Diocese of Fort Wayne-South Bend and each school “is committed to academic excellence which fosters the intellectual development of faculty and students” in a “nurturing environment” where there is a “challenging academic atmosphere” ; and Whereas, the Common Council would especially like to publicly recognizeCoach Kevin Sandor and the following named student-athletes, along with their parents and teachers of the Sand all of the individuals T. ANTHONY/ST. JOSEPH FOOTBALL TEAM 2006 Inter-City Catholic League (ICCL) Local associated with the teamwho won the Championship : Joey Pinkowski William Reinke Mike Taelman Nick Pellegrino Peter Gillis Brian Vervaet Steven Wagner Jordan Stenke Sean Hart Ben Horvath Jake Annable Tyler Sorocco Antonio Winn Robert Mishler Stephen Pugh Burt Bloom Matt Canter Nick Carmola Kyle Springer Tom Flynn Danny Barnett Trey Keith Kameron Smith Nick Wiedow Brendan Thorpe Vince Campiti Collin Hickey Michael Goss Michael McFadden Anthony Strom P.J. Faccenda Brad Largent Luke Street Now, Therefore, be it resolved, by the Common Council 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 each and every member on the boysST. ANTHONY/ST. JOSEPH FOOTBALL TEAM along with St. Anthony’s Principal, Martha Lewellan, their Athletic Director, Walt Ginter, and their Pastor, Fr. Terry Fisher; and St. Joseph’s Principal Suzanne Wiwi, their Athletic Director Mike Favorite, and their 2006 Inter-City Catholic League (ICCL) Pastor, Fr. John DeRiso, C.S.C., for winning the Local Championship. Section II. The South Bend Common Council believes that the hard-work, discipline, and dedication of the student-athletes on the S T. ANTHONY/ST. JOSEPH has enabled each of these boys to be excellent role models with each FOOTBALL TEAM team member bringing the highest of honors to himself, his family and friends, their respective school, the Diocese of Fort Wayne-South Bend , and the residents of the City of South Bend; and the Council urges each team member to continue to pursue the highest of all scores in academics and athletics as they prepare to be our leaders of tomorrow. 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 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Dieter, 4903 Starboard Drive, South Bend, Indiana, made the presentation for this Resolution by reading it in its entirety and presenting it to Jim Hart, Assistant Coach St. Anthony/St. Joseph Football Team. A Public Hearing was held on the Resolution at this time. 8 REGULAR MEETINGNOVEMBER 27, 2006 There was no one present wishing to speak to the Council in favor of or in opposition to this Resolution. Mr. Jim Hart, Assistant Coach, St. Anthony/St. Joseph Football Team thanked the Council for this honor, and introduced members of the team. Councilmember Dieter made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLUTION NO. 3667-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, JOINING COMMUNITIES AROUND THE WORLD IN DECLARING DECEMBER 1, 2006, AS WORLD AIDS DAY Whereas, the Common Council of the City of South Bend, Indiana, notes that on December 1, 1988, World AIDS Day was introduced by the World Health Organization, and that since that date it has been annually commemorated around the world in the attempt to raise awareness of the global AIDS epidemic caused by the spread of HIV infection; and Accountability Whereas, this year the theme of World Aids day is “” with people looking back to learn from the past and looking forward to see how to plan and address Stop AIDS, Keep the Promise issues like universal access; with “” being the “tagline” for organizations through 2010; and Whereas, since 1991, the red ribbon has been an international symbol of AIDS awareness with the “Red Ribbon Project” having its origin in the state of New York; and Whereas, the Centers for Disease Control and Prevention (CDC) provides national leadership to help control the HIV epidemic by working with community, state, national, and international partners in surveillance, research, prevention, and evaluation activities; and Whereas, the CDC estimates that over one million Americans are living with HIV, and 24% to 27% of these people are unaware of their HIV infection; and Whereas, during World AIDS Day 2006, countries throughout the world will be focusing on achieving the following objectives: Enhanced accountability from political leaders on their promises on AIDS. Supporting a broad movement of civil society organizations campaigning to develop their sense of joint identity and common purpose. Generating a greater public awareness of, and engagement with, the problem of AIDS worldwide. 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 declares Friday, December 1, 2006 as World AIDS Day in South Bend, Indiana. Section II. World AIDS Day is an opportunity for individuals throughout the world to unite against the fight against HIV and AIDS so that the spread of HIV will be stopped. Section III . World AIDS Day is the perfect time and this is the season for families, institutions of faith, and communities to come together with the spirit of forgiveness. 9 REGULAR MEETINGNOVEMBER 27, 2006 Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/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 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Charlotte Pfeifer, 1013 W. Washington Street, South Bend, Indiana, made the presentation for this Resolution by reading it in its entirety and presenting it to Debra Stanley, Unidad Inc., Melissa Murawski, St. Joseph County Health Department, and Patrick Battani, Memorial Hospital, South Bend. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council in favor of or in opposition to this Resolution. Councilmember Pfeifer made a motion to adopt this Resolution by acclamation. Councilmember Kuspa seconded the motion which carried. RESOLUTION NO. 3668-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP, SOUTHFIELD LAKE ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is more particularly described on Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 55 acres of agricultural land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 64.3% contiguous, generally located directly south and adjacent to the existing Southfield Village subdivision, east of Miami Street and south of Kern Road. It is anticipated that the annexation area will be developed for single-family homes, condominiums. This mix of uses will require a basic level of municipal public services of a non- capital improvement nature, including street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including police and fire protection, street and road maintenance, 10 REGULAR MEETINGNOVEMBER 27, 2006 street sweeping, flushing, and snow removal, and sewage collection, and other non- capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non- capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. WHEREAS, the City of South Bend Board of Public Safety and Board of Public Works have each approved the written fiscal plan and policy and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property be annexed to the City of South Bend. Part Of The Northwest Fractional Quarter Of Fractional Section 6, Township 36 North, Range 3 East, Centre Township, St. Joseph County, Indiana, Described As Follows: Commencing At The Southwest Corner Of The Northwest Fractional Quarter Of Fractional Section 6, Township 36 North, Range 3, East, Centre Township, St. Joseph County , Indiana; Thence North 00°-17’-48” West On The West Line Of Said Northwest Fractional Quarter, A Distance, Of 701.07 (701.00) Record) Feet To The Point Of Beginning; Thence North 89°-51’-18” West, A Distance Of 20.00 Feet To The Westerly Right Of Way Line Of Miami Highway; Thence North 00°-17’-48” West On Said Westerly Right Of Way Line, A Distance Of 236.93 Feet; Thence North 88°-11’-48” West, A Distance Of 20.01 Feet To The Southeast Corner Of M. L. McCracken’s Orchard Heights Addition, Section 1 And The Westerly Right Of Way Line Of Miami Highway, Thence North 00°-17’-48” West On The East Line Of M. L. McCracken’s Orchard Heights Addition, Section 1 And The Westerly Right Of Way Line Of Miami Highway, A Distance Of 98.97 Feet; Thence South 89°-49’-32” East, A Distance Of 2,663.84 Feet To The East Line Of Said Northwest Fractional Quarter; Thence South 00°-36’-12” West On Said East Line, A Distance Of 1041.85 (1035.20 Record) Feet To The Southeast Corner Of The Northwest Fractional Quarter, Of Said Fractional 6; Thence North 89°-43’-50” West On The South Line Of Said Northwest Fractional Quarter, A Distance Of 2171.91 (2172.30 Record) Feet; Thence North 00°-17’-48” West, A Distance Of 198.00 (198.00 Record) Feet; Thence North 89°-46’-11” East, A Distance Of 16.93 Feet; Thence North 00°-17’-48” West, A Distance Of 503.90 Feet; Thence North 89°-51’-18” West, A Distance Of 452.52 Feet To The West Line Of The Northwest Fractional Quarter Of Said Fractional Section 6 And The Point Of Beginning. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, by and through its Board of Public Works, to furnish to said territory services of a non-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of 11 REGULAR MEETINGNOVEMBER 27, 2006 the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. The Common Council for the City of South Bend shall and does now establish and adopt the Fiscal Plan, attached hereto as Exhibit “A”, and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer network is available with capacity sufficient to service this area; that street lighting, parking and will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Section IV. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. If possible, the site should include open space that could be linked in the future to other areas nearby as part of a larger open space network. Neo-traditional building/site design elements should be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality. It is required that the annexation area integrate harmoniously with the surrounding residential areas. Water as well as sewer service is available in sufficient capacity and it is required that the developer will pay the costs of sewer and water extensions to the project site as needed. Building plans and other information to satisfy these requirements shall be furnished to the City by the Developer. Building plans and other information to satisfy these requirements must be submitted by the Developer to the City. Failure to comply with all conditions of Section IV may result in the City’s repeal of annexation. Section V. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the Council with a favorable recommendation. th Mr. Marco Mariani, Assistant Director, Community & Economic Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Mariani advised that the annexation area is generally located directly south and adjacent to the existing Southfield Village subdivision, east of Miami Street and south of Kern Road. The annexation area is at least 1/8 (12.5%) contiguous to the current City limits. The annexation area is 55 acres and is currently used for agriculture. The site contains one single-family structure and a pond. The land is slated to be used for a mix of single-family homes and duplexes and a forest preserve. The site is zone “R” Residential in unincorporated St. Joseph County. It is proposed to be zoned “SF-1” Single-Family District and “PUD” Planned Unit Development upon approval of the City Council and incorporation into the City of South Bend. The Annexation Area will be in th the 5 District. The public sewer network is available with sufficient capacity to serve this area and more. The City of South Bend constructed and maintains a sewage lift 12 REGULAR MEETINGNOVEMBER 27, 2006 station in the annexation area that has sufficient capacity to serve the annexation area as well as already developed land and other vacant land in the general vicinity of the annexation area. The developer of this property will need to extend sewer lines to the site from various locations adjacent to the annexation area to the extents of this proposed development as well as all other public works infrastructure required for the development. The wastewater treatment plant and downstream collection facilities are adequately sized to handle the additional flow from any development. Revenues from the development of the site will be sufficient to provide sewage collection and treatment services to the site. An 8” water main is located on Deerfield Train that terminates at the end of the road. There is a 10” water main on the west side of Miami Street running to 150’ south of Ridge Trail. Flow test data from June 8, 2001 indicate a static pressure of 54 psi, residual pressure of 48 psi and a flow rate of 1060 gpm. Depending on the development, it may be necessary to loop the water mains to provide adequate capacity to the annexation area. The developer of this property will be required to install a street lighting system. Additional revenue to the General Fund from this annexation area will be sufficient to pay for street light operations. There are no waivers of annexation that are in effect for this annexation area. The drainage facilities will be required to be constructed by the developer and meet the latest City of South Bend standards. The annexation area would be expected to be added to the already existing beat 15. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. The Annexation Area is located in an area of the city that is expected to continue to grow, both in commercial development as well as residential. At this time it is not expected that this annexation would cause calls for service to increase significantly and it is not anticipated that it will be necessary to increase police patrols beyond the already existing beat patrol at this time. The area under consideration is not expected to cause any unusual problem. At the present time the cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possibly shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable and consistent with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation and coordination of the conversion of the 911 emergency phone systems for that area. The City provides a fully staffed, full time fire department housed in 12 fire stations strategically located throughout the city. The Annexation Area will be serviced primarily by Station #10, located at 5303 York Road, approximately 1.2 miles away. Additional Fire Department units would respond from Fire Station #8 located at 2402 Twyckenham Avenue which is approximately 3.2 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Adequate water supply will be necessary as development takes place. The Fire Department will continue to review and monitor response times in this area and make necessary recommendations to improve response times that are comparable to other areas of the City. The City, under contract with St. Joseph County, provides emergency medical response to the unincorporated areas of St. Joseph County. Of the seven ambulances currently in service, 3 are dedicated for response to the unincorporated areas. These are Medic Units #10, 11, and 12. The Annexation Area is currently being serviced by Medic #10, located at Fire Station #10 at 5303 York Road. Upon incorporation, the Annexation Area will be serviced by Medic #1, also located at Fire Station #10, located at 4303 York Road. Emergency medical response will continue to be provided by the City of South Bend. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Mr. Mariani advised that the annexation area will be added to the Department of Code Enforcement Area 5. The wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. In regard to solid waste, industrial, commercial and apartment customers are not served by the Bureau of Solid Waste. The annexation will contain single-family and duplex residential units and office-retail units. The office-retail uses will have centralized waste collection 13 REGULAR MEETINGNOVEMBER 27, 2006 locations. A licensed private waste hauler will be required to serve these developments. As single-family, duplex units are constructed, the Division of Environmental Services could service them. 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 or in opposition to this Resolution. Councilmember Puzzello 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. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:50 p.m., Councilmember Kuspa made a motion to resolve into the Committee of the Whole. Councilmember Kelly 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 BILL NO. 53-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CENTRE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 5, SOUTHFIELD LAKE, 61362 MIAMI ROAD Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. th Mr. Mark Lyons, Staff Planner, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Lyons advised that the petitioner is requesting a zone change from “R” Single Family Residential (County) to “PUD” Planned United Development to allow single family and duplex residences. This request is in conjunction with a petition for annexation. In response to the neighbors’ objections, LLE Real Estate has decided to abandon the small scale retail and offices area and instead ask for only residential uses. On site is a house and agricultural used property zoned “R” Residential. To the north is the Southfield Village senior living facility zoned “PUD” Planned Unit Development and single family houses zoned “SF1” Single Family and Two Family District. To the east is agricultural used property zoned “R” Residential. To the south is a single family home and agricultural used property zoned “R” Residential. The “PUD” District is intended to encourage creativity and innovations in the design of developments, provide for more efficient use of land, and to provide for an individual land use not otherwise specified elsewhere in the Ordinance. The site plan divides the PUD area into two developments: Area I Residential and Area II Residential. Area I Residential shall be no more then 16 dwelling units and Area II Residential shall be no more than 42 dwelling units. The site 14 REGULAR MEETINGNOVEMBER 27, 2006 plan states that open space in the PUD area will be no less than 45% of the site. Miami Highway has two lanes. Access to the site will be from a new public street along the southern and eastern edges.The property will be served by municipal water and sewer. Mr. Leroy Troyer, 1442 Deerfield Ct., South Bend, Indiana, made the presentation for this bill on behalf of LLE Real Estates Developer. Mr. Troyer stated that this project has been in the planning stages a long time. Mr. Troyer stated that he grew up on a farm in the County, and several members of his family chose to buy land and annex it to the City, because they earn their living off the City. He thought it was appropriate to pay City taxes. That is some of the basic genesis of the plans for development here. In that same spirit, they want to have a quality neighborhood in this development. There is a wooded site approximately 10 acres, they want to keep that as a forest reserve and continue to also add additional open space, also a lake area, it’s all about keeping the urban standards versus the County standards. They expect to have various housing types, and the market place will determine those housing types, just like it did on the 93 acres on the north side. Mr. Troyer stated that he believes that this project is consistent with the recently approved City Plan for housing in South Bend. The development team is committed to partner with the City of South Bend and also with the County, including the drainage matters, to step up as a partner. We trust that they will as well, and that they are committed to help support and resolve to take care of all the drainage on the properties, that this project represents, and also the water as much as they can. Mr. Troyer stated that they would cooperate with the County, in alleviating some of the drainage problems on the approximate 1,000 acres of drainage that sheet across this property. Mr. John Leszczynski, Senior Vice President, Public Sector, The Troyer Group, 550 Union Street, Mishawaka, Indiana, stated that they have done some of the preliminary research about some of the issues of traffic access onto Miami Road. Mr. Leszczynski advised that they feel that they greatly exceed the ingress and egress requirements and that it is much safer than the intersections that currently exist. Mr. Leszczynski stated an example that the standard distance requirements is 150 feet and that they have 350 feet. Mr. Leszczynski stated that the development represents less than 10 percent of the drainage that comes through there. Mr. Leszczynski stated that it is his understanding that someone has to be a catalyst to resolve some of drainage issues that have existed for a long, long time in this area. There is recorded drainage problems and flooded for the past 60 or 70 years going through this location, and they continue to grow. Mr. Leszczynski stated that they are committed to be that catalyst and if necessary they will facilitate meetings with the necessary parties to help resolve these issues. He stated that they cannot be resolved by themselves. To solve the drainage an effort needs to be made to involve physically and financially all the people that live to the east and to the west of the development as they represent 55 acres of the 1,000 acres is what is property to the east that drains into this project. He reiterated that they are committed to working with the developers and the property owners and the County to try to facilitate some resolution to this matter. Upon a favorable recommendation tonight, Mr. Leszczynski stated that they will proceed in making sure that happens. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents will be give 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. Mr. Richard Weber, 61369 Miami Road, South Bend, Indiana, spoke in opposition to this bill. Mr. Weber advised that he lives directly across from this proposed development. Mr. Weber stated that he was at the 3:00 p.m. Committee Meeting and he did not appreciate how the remonstrators were treated at that meeting. The petitioners were allowed 50 minutes for their presentation and Mr. Wertenberger a remonstrator was allowed 20 15 REGULAR MEETINGNOVEMBER 27, 2006 minutes and he was only allowed approximately 5 minutes. Chairperson Kuspa, Zoning & Annexation Committee stated at the beginning of the meeting that three people from each side would get to speak, and when they were given their chance, the procedure on time changed. Mr. Weber hoped that he would be given adequate time to speak now. Mr. Weber stated that he is against the rezoning issue, on the 11.2 acres from “R” Single Family Residential County to PUD. Mr. Weber stated that there is a petition on file with the Office of the City Clerk, approximately 267 signatures against this project. The road is a safety issue that everyone is aware of and no one has done a study on the traffic or safety of this concern. The drainage is another issue that is a great concern. The developer has no drainage plan as of today. The plan from the previous development isn’t working and home owners have been flooded, everyone knows about it, Mr. McNamara, the County Surveyor knows it and LLE Real Estate also knows about the problem with drainage and flooding. With all of this information regarding drainage and flooding the developer wants to drain 55.4 more acres of run off into the existing detention pond therefore, causing more severe flooding downstream east and west of Miami into Miami Trails, Miami Meadows and down to Kern and U.S. 31 and west of U.S. 31. They also want the County Drainage Board to reduce the right-of-way on the east and west end of the retention pond so they can create more lots to build on. There is a letter from Mr. McNamara that the Council has received, addressed to Mr. Phipps, stating the problems with this retention basin. Everyone is aware of it, they know that there is a problem, but nobody seems to want to do anything about it. They want to build first and fix later. They talk about being concerned about their neighbors; they need to practice what they preach. Fix the problems first then develop. On July 10, 2000, at a drainage board meeting, Mr. Leszczynski was their representing Southfield Development (the nursing home part of the development), the neighbors were present to address the issue of flooding problems with muddy water running down the middle of Miami Road, all the way down to the drain that goes under Miami Road, running off and flowing west, covering the entire road at times. Mr. Leszczynski stated at that time that the flooding was not the developer’s problem. Mr. Weber stated that he put nine pictures together and showed the Drainage Board where the source of the flooding was coming from. It took more than a year to fix that problem. On July 18, 2006, Mr. Weber stated that he was again in the presence of Mr. Leszczynski, when he had 12 inches of muddy water in his basement. Mr. Weber called Mr. Troyer at home and asked him to come over to look at what was happening. Mr. Troyer stated right away that it was a problem in the County ditch east of Miami Road and the water coming from the farm fields to the west of their property. Today, Mr. Leszczynski stated that they are committed to fixing the drainage. Mr. Weber stated that he had an article about when a commitment was made to the Town of Roseland in 1986, that resulting in a sixteen year lawsuit. Mr. Weber stated that if this development goes forward and he gets flooded, he and anyone else that gets flooded in the neighborhood will file a lawsuit. Mr. Weber stated that in conclusion, this site development plan for this subdivision should not be approved because it will adversely impact the public health and safety due to the road plan where it intersects with Miami Road and existing drainage and flooding problems from Southfield that will only worsen if this development is allowed to proceed as planned. He stated they need to fix the drainage problem first and he urged the Council to take the time to get this right. Councilmember White noted at this time that she and Councilmember Puzzello recognize that time was limited at the 3:00 p.m. Zoning & Annexation Committee Meeting this afternoon and the remonstrators were not allowed adequate time to present their side. Councilmember Puzzello made a motion to allow the remonstrators their full 30 minute presentation and allow discussion to continue until 8:37 p.m. Councilmember Varner seconded the motion, which passed by a voice vote of nine (9) ayes. Council President Rouse stated that because of the sequence of events that happened in the committee meeting, it was not only implied but promised that the remonstrators would have adequate time tonight to present their issues. Council President Rouse stated that he favored the motion. Kathleen Cekanski-Farrand, Council Attorney, stated that by having the motion made and approved as was just made, the five minute rule for this bill only would be extended, so 16 REGULAR MEETINGNOVEMBER 27, 2006 that the remonstrators, how many you might have, have a total of 30 minutes for this. So again, to Mr. Weber, if there is anything additional that you would want to state, you have that opportunity to do so. She noted that President Rouse stated that the Council made the commitment to the remonstrators. Council Attorney Kathleen Cekanski- Farrand reiterated that the time is running, it is now 8:15 p.m., and that the remonstrators will have until 8:37 p.m., she asked that the Clock start back up. Mr. Weber stated that he just has one more item, and then he will turn it over to Mr. Wertenberger. Mr. Weber indicated that Mr. Troyer stated that they wanted to pay city taxes on that land. Mr. Weber stated that he has one question that has been bothering him for quite awhile. How can the city put in a lift station? Who paid for the City to put that lift station in there? It is maintained by the City, it is on County property and what kind of taxes are being paid on that. Council Attorney Kathleen Cekanski-Farrand stated that all questions will be in answered during the rebuttal period. Mr. Michael Wertenberger, 61480 Miami Road, South Bend, Indiana, spoke in opposition to this bill. Mr. Wertenberger advised that they are not against the 55 acres being annexed, they are against the rezoning. There are three issues: 1. Rezoning 2. Traffic, where the development is coming out of. 3. The flooding. The annexation is fine, they know that it is going to happen sooner or later, so they are not objecting to that.It is the size of the lots that they want to put 400 square feet for one lot, that is just too small, you are downsizing everything from what you have above, two-family dwellings, two units 6,000 square feet. Lots larger than 6,000 square may contain more than one dwelling. They would like to stay with SF-1 Single Family Dwellings and forget the PUD. The lots th would be 1/10 of an acre and they are going to put these homes on lots of that small size. The neighbors are just asking for a fair shake in this deal, where are the architectural standards in this development. The Area Plan Commission states that rezonings should not have a negative impact on land values, public health or safety. That is what the neighbors are looking for, the petitioner has not made a convincing argument on this project. Traffic speed at the corner of Kern Road and Miami Road is 40 miles per hour; this is a school bus route also. In the opposite direction, going south on Miami, once you cross Roosevelt Road, the speed limit becomes 55 miles per hour. These people do not slow down to the 40 miles per hour once they cross that intersection when they are coming north, because he witnesses this everyday, because he lives on Miami Road. There is a hill or pitch on Miami Road where the entrance/exit for this development is going to be. People will be trying to pull out of the development with their sight being hindered by the hill and traffic coming at them at 55 + miles per hour. Mr. Wertenberger stated that he would like to see a continuation of Orchard Heights Road across Miami and put the entrance there. Mr. Wertenberger stated that he asked Mr. Troyer to do this and he responded that they do not own the property. Mr. Wertenberger stated that Mr. Troyer sold the property to Greencroft and there is no reason that they cannot buy that strip of land back to put the road in on that side. This would allow for a four-way stop if needed to slow the traffic down. Mr. Wertenberger questioned the three-pipe outlet in a retention/detention pond, he stated why would you put three pipes in that location? The developer knew that it would overflow. There are times when the water flows up over Miami Road. Cars coming either north or south on Miami Road hydroplane and land in people’s front yards. There is a 54 inch tile that is coming from Southfield North that was opened up and it is draining all the rain water from the north that is running off from the north into this 54 inch tile and draining down into this retention pond. They proposed to build more homes and shove that drain water into the retention pond. There is a problem now and they are going to continue to dump more water in there without resolving it. For six years they have tried to get this problem resolved. Mr. Wertenberger stated that Mr. Troyer mentioned this afternoon that he felt hostage, the property owners have been hostage for six years themselves. The flooding is a problem, now we have their attention. Just fix the flooding problem, before they do anything else. This idea of studying and surveying it doesn’t cut it, because they have been studying it for six years. Time has come to deal with it. 17 REGULAR MEETINGNOVEMBER 27, 2006 Ms. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, advised that she attends quite a few meetings especially anything that has to do with the ditches and drains. Mr. Leszczynski mentioned the Bowman Ditch this afternoon, which brings up a couple of big subdivisions that are located to the west of U.S. 31 and Kern Road. Ms. Kopala reiterated Linderman, Linderman. She travels Miami Road everyday since 1968, that is the Phillips ditch and it has caused all kinds of problems, you don’t have two-hundred and seventy some people signing a petition and Mr. McNamara admitting at the Area Plan Commission meeting that that has been screwed up for many, many years over there. They don’t have to worry that much about those towers over Ironwood, most of their problems comes from the Phillips Ditch and across Kern Road and the Phillips Ditch can’t hold anything and Linderman with what they did with that lake, that is just a big, big problem over there. She has seen people come one meeting after another not like this last one, this is a disaster in her book. When people spend $150,000 to $200,000 for a house and in a very short time there are sobbing the blues because they are flooded from everywhere, and they you get a fight between the City and the County of whose fault it is, and who did what, Mr. McNamara knows where a lot those problems came from. If they don’t fix all those problems out there now, hopefully they will get sued, so somebody is finally going to take responsibility for causing all these miseries. The people that call in with flooding every year should be counted and keep a record where all these problems are coming from. The road problem can be fixed, the ditching out there is another problem. There was no one else present wishing to speak in opposition to this bill. Rebuttal, Mr. Leszczynski stated that in the Area Plan Commission minutes that there was a statement by Mr. Weber indicating that the petitions were against the commercial zoning, now they have become against the drainage. Mr. Leszczynski noted that there are only three people in attendance tonight, there were a lot more at the Area Plan Commission Meeting, but once the commercial zoning was eliminated from the project, this is what the concerns are here. In regard to the traffic issues, they have done preliminary analysis there is adequate site distance, going 55 miles per hour, the stopping distance is over twice what is required by law. In current standards it states that the distance between intersections is well over double what is required. In regard to the drainage issue, yes there has been a drainage issue for the past sixty years. It was recognized in the 1920’s when they put the drain tile in, and it is still there to this issue. Mr. Leszczynski stated that the petitioners in the original development have reduced the amount of water overflow by putting the basin in. There are three pipes there, they are sized to allow water coming from the east pre-development and supposed to go through unimpeded through the property and continue on down the creek. Those three pipes are sized that are mentioned to allow that water through. Any new water, comes in, backs up behind those pipes, there will always be water coming through, but the water backs up and the water was backing up in the basin and drains during slow time, when the water is not there. The 54” pipe that is the largest diameter and that actually drains Miami Road and zigzags into the property and takes advantage of the basin to help drain that particular property. The developer proposed to raise the elevation on the pond and try to store more water during the storm water season. They will have to do a storm water analysis and find out how much that is and see how high they have to raise that pond. But the developers themselves are committed. The flooding issues were in June and July of this year, when the City of South Bend experienced a lot of rain and there were a lot of flooding issues, since then there haven’t been any flooding issues. Last week, there was three or four days that we experienced rain, there wasn’t any water comes out of the basin, it took it all, held it all. Mr. Leszczynski stated that he went by everyday, he also lives out in that area, and he is one of the neighbors. There wasn’t any flooding or issue like that. The issue of the size of the lots, it is an issue of urban development. It is the City of South Bend urban standards versus urban sprawl in the County. That’s all that is difference in the size of the lots. Those are as proved and set aside in the Ordinance. They are consistent with surrounding Southfield Village, with the Condos. As Mr. Troyer indicated, people that live in the single-family homes as they get older move into 18 REGULAR MEETINGNOVEMBER 27, 2006 these condo developments with an association to maintain, cut the grass, and maintain the dwellings. As they get older and they need extra care, they move into the Southfield Development. They basically live in the same development, they move in with the same amenities with the library. It is a unique development in the City of South Bend, and a lot of people are taking advantage of it, because it is fully developed. The area to the north is fully developed as of today. Therefore, this is why the need for this development is before the Council tonight. There are a lot of people who want to live in the City of South Bend, and that is why they are trying to provide that opportunity. They want to live on the South Side of South Bend, with all of the great things that are going on with the development of Erskine Plaza, Erskine Commons, there is a great demand for people who want to live in the City of South Bend, pay City taxes, receive City Fire Protection, receive City Police Protection, have sewer and water, so they don’t have to worry about ground contamination and those kind of things. That is the purpose of this development, because there is a demand to live there and the taxes are not cheap. There are from $2,000.00 to $7,000.00 depending upon the size of the unit. That is not cheap taxes, but they are willing to move in there. The developer wants to continue to offer that kind of living environment. At the preliminary meeting at Southfield, they invited all of the neighbors around that subdivision and to the south, there were a lot of people that live there in single family homes, they came to the meeting, they asked what was going on, they asked what was going in there. They haven’t been back, because they were satisfied with what was said and the kind of development that was there. Mr. Leszczynski reiterated that they are committed to make this thing work; they are committed to help facilitate the necessary parties to resolve some of these drainage issues that have been there a long, long time. In conclusion, Mr. Leszczynski stated that he urged the Council’s favorable consideration on this bill. Councilmember Kirsits stated that the question regarding the lift station needs to be answered. Mr. Leszczynski stated that the lift station is a City Utility, as any development is done in the City, the developer puts in the water line, sewer lines and then they are turned over to the City, the City maintains that, and it is on their data system. Because it is City owned, it does not pay any property taxes. Councilmember Varner stated that approximately two months ago, he met with the remonstrators, who were concerned about the nature of the development. He confessed at that time that he did not have all the answers to their questions. One of the things that he learned throughout the process that has to do with water or water flow. He thinks that at some point and time as hard as we all try to understand it, some things have to be left to the engineers and people who have a more thorough understanding. With regard to the drainage issue, the problem began in the County how ever many years ago, it is still a County issue, it will be a City issue if in fact, Mr. Leszczynski and Mr. Troyer take the time as they say they will to take the time to try and resolve it. The simplest explanation is that you cannot expect them to resolve 1,000 acre watershed with a 55 acre development. However, he feels that this is the closest to get to a solution. It doesn’t look like in the last 60 years anybody has made a whole lot of effort to help the residents out. There is a developer and engineers who are committed to helping work on this drainage issue, it may not be the solution that everyone wants. But he went through the petition list and quite honestly the petition appeared to be more related to the annexation and the commercial development. There were more county residents than city residents on that petition list. That is the petition list that came from the Area Plan Commission as a matter of record. So at some point and time we have to believe in people who have shown good faith in the past with the development that has taken place. Councilmember Varner stated that he knows Mr. Leszczynski is well aware that he has his phone number and vice versa. He expects that there will be some kind of resolution it probably will not solve all the problems, because we are talking 1,000 acres. Councilmember Varner stated that he is in favor of this development because of the precious demand for housing on the south side of South Bend, with all the amenities that the City has to offer. Councilmember Varner encouraged the developer to stick with his commitment to help with the drainage issues that occur in that area and not aggravate the situation. In the 19 REGULAR MEETINGNOVEMBER 27, 2006 meantime the residences need to meet with the Commissioners, it was the County’s problem 60 years ago and it is still their issue today. Councilmember Kirsits, offered additional comments concerning the Planned Unit Development (PUD), and how there is a growing need for this kind of living development with all of the accommodations and amenities that the City of South Bend has to offer. Council President Rouse stated that Mr. Troyer is a long time, reputable architectural firm in the City of South Bend. Mr. Troyer along with City Engineer Gary Gilot stated that there is technology available today to help with the drainage issues; there are check values that would help with this situation along with raising the level of the basin to eliminate flooding in this area. Council President Rouse stated that he is in favor of this bill and will be supporting it. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill, and set this bill for third reading on December 11, 2006. Councilmember Puzzello seconded the motion which carried by a vice vote of nine (9) ayes. BILL NO. 80-06 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS FRANCES STREET FROM THE NORTH RIGHT OF WAY LINE OF COLFAX AVENUE TO THE FIRST NORTH/SOUTH ALLEY NORTH OF COLFAX AVENUE FOR A DISTANCE OF 198 FEET AND A WIDTH OF 66 FEET. ADDITIONALLY, AN AREA 45 FEET NORTH OF THE SOUTH RIGHT OF WAY LUTHER COURT AND 23 FEET WEST OF THE EAST RIGHT OF WAY LINE OF FRANCES STREET, BEING A PART OF THE ORIGINAL TOWN OF LOWELL, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. BILL NO. 83-06 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR TE PROPERTY LOCATED AT 1013 EAST JEFFERSON, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to combine these bills for purposes of Public Hearing. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send Bill Nos. 80-06 and 83-06 to the full Council with a favorable recommendation. Mr. Paul Meyer, Executive Director, South Bend Clinic, 211 N. Eddy Street, South Bend, Indiana, made the presentation for these bills. Mr. Meyer advised that these bills would allow for the vacation of a portion of Frances Street, between Colfax Avenue on the south and Luther Court on the North. Also, a portion of Luther Court, between Frances Street on the east and Edmund Court on the 20 REGULAR MEETINGNOVEMBER 27, 2006 west. The vacation would allow for the construction of an addition to The South Bend Clinic, and most specifically, the construction of a parking deck that will serve the expanded facility. The addition will include approximately 104,000 new square feet of clinical and patient care space and will be served by structured patient and staff parking. These being the time heretofore set for the Public Hearing on the above bills, 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 these bills, Councilmember Varner made a motion for favorable recommendation to full Council concerning these bills. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 77-06 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1013 EAST JEFFERSON, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Catherine Hostetler, Director, Historic Preservation Commission, 125 S. Lafayette Blvd, South Bend, Indiana, made the presentation for this bill. Ms. Hostetler advised that this bill would designate 1013 East Jefferson Boulevard, South Bend, Indiana, as a Historic Landmark under Ordinance No. 5565-73. These being the time heretofore set for the Public Hearing on the above bills, 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 Kelly 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. 46-06 PUBLIC HEARING ON A BILL OF 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 Puzzello made a motion to strike this bill from consideration. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 79-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 6, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING TAX ABATEMENT 21 REGULAR MEETINGNOVEMBER 27, 2006 PROCEDURES Councilmember Kelly made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full council with a favorable recommendation. Councilmember Roland Kelly made the presentation for this bill. Councilmember Kelly advised that since June of this year, discussions and meeting have taken place, to review the local tax abatement regulations. Such review is consistent with the requirements of §2-84.16 of the South Bend Municipal Code, which requires the Community and Economic Development Committee to formally review these regulations in calendar years ending with an even number. The proposed ordinance would make several non- substantive changes to the current regulations, which consist of 48-pages. Many changes are proposed to clarify current wording, while other amendments would bring the local regulations in compliance with new state laws, which were passed after 2003, the effective date of current regulations. Councilmember Kelly urged the Council to move forward on this bill. He believes that these changes are needed to improve local procedures. These being the time heretofore set for the Public Hearing on the above bills, 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 amended. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 65-06 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF FUND 377 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 made a motion to continue this bill until the December 11, 2006 meeting of the Council. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 84-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CHANGING THE NAME OF FUND 377 FROM “HALL OF FAME” TO “PROFESSIONAL SPORTS DEVELOPMENT” FUND (PSDF), TRANSFERRING $500,000 FROM FUND NO. 377 TO FUND NO. 677 – HALL OF FAME OPERATIONS, FOR USE ON HALL OF FAME CAPITAL PROJECTS PERMITTED BY PSDF DOLLARS, AND APPROPRIATING $100,000 FROM FUND NO. 377 FOR USE BY CENTURY CENTER ON 22 REGULAR MEETINGNOVEMBER 27, 2006 CAPITAL PROJECTS PERMITTED BY PSDF DOLLARS Councilmember Dieter, Chairperson, PARCS Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Catherine Fannello, City Controller, 14 Floor County-City Building, 227 W. Jefferson Blvd, South Bend, Indiana, made the presentation for this bill. Ms. Fannello advised that this bill request that the name of Fund #377 be formally re- titled Professional Sports and Development Fund (PSDF). This is the main source of revenue for this fund. It is not only used for Hall of Fame but is now being used to provide support for Century Center capital needs. The ordinance also requests a transfer of PSDF dollars to fund a capital reserve for the Hall of Fame as outlined in the Second Interim Management Agreement. The fund that may be used for this is fund #677 properly titled, Hall of Fame. The ordinance also appropriates dollars to transfer to Century Center and must be used only on items permitted by PSDF state law. These being the time heretofore set for the Public Hearing on the above bills, 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 amended. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 85-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2006 BILL NO. 86-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2006 Councilmember Pfeifer made a motion to continue Bill Nos. 85-06 and 86-06 until the December 11, 2006 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 81-06 PUBLIC HEARING ON A BILL AUTHORIZING THE ISSUANCE AND SALE OF AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS ($8,500,000) OF THE CITY OF SOUTH BEND, INDIANA VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2007 (PEI/GENESIS PROJECT); DESIGNATING THE BONDS AS LIMITED OBLIGATIONS OF THE CITY; APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND 23 REGULAR MEETINGNOVEMBER 27, 2006 DELIVERY OF, THE TRUST INDENTURE, LOAN AGREEMENT AND OTHER DOCUMENTS RELATED TO THE ISSUANCE AND SALE OF THE BONDS; AND AUTHORIZING PROPER OFFICERS TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full council with a favorable recommendation. Mr. Alan Feldbaum, Attorney at Law, Barnes & Thornburg LLP, 100 North Michigan st Street, 600 1 Source Bank Center, South Bend, Indiana, made the presentation for this bill. Mr. Feldbaum advised that Barnes & Thornburg LLP serves as bond counsel with respect to the issuance of the City of South Bend, Indiana Variable Rate Demand Economic Development Revenue Bonds, Series 2007 (PEI/Genesis Project). Mayor Stephen Luecke stated that he is pleased with the growth of PEI Genesis and welcomes their commitment to the City. He urged the Council’s favorable recommendation. These being the time heretofore set for the Public Hearing on the above bills, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Pfeifer made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) 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 9:00 p.m. Council President Rouse presided with nine (9) member’s present. 24 REGULAR MEETINGNOVEMBER 27, 2006 BILLS, THIRD READING ORDINANCE NO. 9717-06 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS FRANCES STREET FROM THE NORTH RIGHT OF WAY LINE OF COLFAX AVENUE TO THE FIRST NORTH/SOUTH ALLEY NORTH OF COLFAX AVENUE FOR A DISTANCE OF 198 FEET AND A WIDTH OF 66 FEET. ADDITIONALLY, AN AREA 45 FEET NORTH OF THE SOUTH RIGHT OF WAY LUTHER COURT AND 23 FEET WEST OF THE EAST RIGHT OF WAY LINE OF FRANCES STREET, BEING A PART OF THE ORIGINAL TOWN OF LOWELL, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9718-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1013 EAST JEFFERSON, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9719-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1013 EAST JEFFERSON, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9720-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 6, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING TAX ABATEMENT PROCEDURES This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Puzzello made a motion 25 REGULAR MEETINGNOVEMBER 27, 2006 to pass this bill as substituted. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9721-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CHANGING THE NAME OF FUND 377 FROM “HALL OF FAME” TO “PROFESSIONAL SPORTS DEVELOPMENT” FUND (PSDF), TRANSFERRING $500,000 FROM FUND NO. 377 TO FUND NO. 677 – HALL OF FAME OPERATIONS, FOR USE ON HALL OF FAME CAPITAL PROJECTS PERMITTED BY PSDF DOLLARS, AND APPROPRIATING $100,000 FROM FUND NO. 377 FOR USE BY CENTURY CENTER ON CAPITAL PROJECTS PERMITTED BY PSDF DOLLARS This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Varner). ORDINANCE NO. 9722-06 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS ($8,500,000) OF THE CITY OF SOUTH BEND, INDIANA VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2007 (PEI/GENESIS PROJECT); DESIGNATING THE BONDS AS LIMITED OBLIGATIONS OF THE CITY; APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, THE TRUST INDENTURE, LOAN AGREEMENT AND OTHER DOCUMENTS RELATED TO THE ISSUANCE AND SALE OF THE BONDS; AND AUTHORIZING PROPER OFFICERS TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3669-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN IN THE CITY OF SOUTH 26 REGULAR MEETINGNOVEMBER 27, 2006 BEND, INDIANA, COMMONLY KNOWN AS 2629 FOUNDATION DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR VALUE PRODUCTION, 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 2629 Foundation Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the Southwest Quarter of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana and which has Key Number 25-1010-0400.12, 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. Nevin Siqueira, 2629 Foundation Drive, South Bend, Indiana, made the presentation for this bill. Mr. Siqueira advised that Value Production is a modern production machining facility. They provide one-stop shopping for design, prototypes, and productions, and is an ISO 9001:2000 certified company. Value Production was established in October of 2000. The company manufactures tooling for use in the aerospace, automotive, medical, and commercial markets. The company will purchase a new, high-end mill and lathe for their custom aerospace manufacturing needs. The project will invest $500,000 in this new equipment. 27 REGULAR MEETINGNOVEMBER 27, 2006 A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 06-127 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3702 PROGRESS DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PARRISH/MEYER MACHINE, INC. Councilmember Puzzello made a motion to continue this bill until the December 11, 2006 meeting of the Council, at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3670-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 901 N. NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MARC & JEANETTE BURDELL 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 901 N. Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: That part of the West half of the Northeast quarter of Section 1, Township 37 North, Range 2 East, St. Joseph County, Indiana, which is known as ndrd Lot C of the Plat of Sorin’s 2 Addition, 3 Replat as recorded April 18, 2006, as Document No. 0614319 in the Office of the Recorder of St. Joseph County, containing 8,307.4 square feet more or less. Subject to all legal highways and easements of record and this property has Tax Key Numbers 18-5107-3788.01 and 18-5107-3788 (partial),be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1- 12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all 28 REGULAR MEETINGNOVEMBER 27, 2006 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 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 29 REGULAR MEETINGNOVEMBER 27, 2006 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. Dale DeVon, owner, DeVon Custom Homes, made the presentation on behalf of the owners Marc and Jeanette Burdell. Mr. DeVon advised that Mr. & Mrs. Burdell plan to construct a single-family residence of approximately 2,400 square feet, three (3) bedrooms, three (3) bathrooms, four (4) common rooms and a 2-car attached garage. The home will be constructed on a vacant lot as part of the Northeast Neighborhood Redevelopment Project. The estimated cost of the project is $330,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 06-129 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 3300 NORTH KENMORE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (4) FOUR-YEAR REAL PROPERTY TAX ABATEMENT FOR ELKHART PLASTICS, INC. Councilmember White made a motion to continue this bill until the December 11, 2006 meeting of the Council, at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3671-06 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 919 NORTH NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CAROLYN WITUCKI 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 30 REGULAR MEETINGNOVEMBER 27, 2006 commonly known as 919 North Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: a lot or parcel of land (32) thirty-two feet in width, north and south, taken off of and from the entire length of the south side of the east half of Lot Number 127 as shown on the recorded plat of Edward Sorin’s Second Addition to the Town of Lowell, Now part of the City of South Bend , and this property has Tax Key Number 18-5107-3780be 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: 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. 31 REGULAR MEETINGNOVEMBER 27, 2006 B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember 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. Ms. Carolyn Witucki, 5109 Park, South Bend, Indiana, made the presentation for this bill. Ms. Witucki advised that she plans to construct a new, three-bedroom, two and one-half bath home of approximately 1,940 sq. ft., with an attached garage. The cost of the home will approximately $220,000. A Public Hearing was held on the Resolution at this time. 32 REGULAR MEETINGNOVEMBER 27, 2006 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. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3672-06 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE SECOND INTERIM AGREEMENT FOR OPERATION OF THE COLLEGE FOOTBALL HALL OF FAME IN SOUTH BEND, INDIANA WHEREAS, the College Football Hall of Fame, located in South Bend, Indiana has proven to be a recognized national attraction and has enhanced the image of South Bend in the national sports scene; and WHEREAS, the City of South Bend entered into an original agreement (“Original Agreement”) with the National Football Foundation (“NFF”), dated July 16, 1993, for the ongoing operation of the College Football Hall of Fame; and WHEREAS, the City and the NFF subsequently entered into a five year Interim Agreement, effective January 1, 2001; and WHEREAS, on July 21, 2006, the City of South Bend entered into a Second Interim Agreement (“Second Agreement”) for operation of the College Football Hall of Fame in South Bend, Indiana for the term January 1, 2006 through December 31, 2010; and WHEREAS, the Second Agreement preserves the City’s partnership with NFF for the operation of the College Football Hall of Fame, which has encouraged growth and development in downtown South Bend; and WHEREAS, the Second Agreement is in South Bend’s overall best interests. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: Section I. The Second Interim Agreement for operation of the College Football Hall of Fame in South Bend, Indiana is in the best interests of the City f South Bend and is endorsed and supported by this Council. Section II. 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 Dieter, Chairperson, PARC 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 Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Luecke stated that he comes before the Council tonight for the support and endorsement of the second interim agreement with the National Football Foundation regarding operations of the College Football Hall of Fame. Recently there have been 33 REGULAR MEETINGNOVEMBER 27, 2006 reports of the NFF moving their administrative offices to Dallas, Texas, along with that came some rumors that that meant that the Hall of Fame would be moving as well. That is not the intent of the National Football Foundation. As long as we continue to welcome the Hall of Fame here. He thinks that it is important to send a strong positive message of support for the College Football Hall of Fame, the role that it has played in Economic Development Downtown. The national publicity that it brings to the City, the other positive benefits ensuing from the Hall, that the second interim agreement does reduce the public subsidy for operations of the hall. Earlier today, Councilmember Varner mentioned 1.2 million going to the Hall of Fame, this year that includes $500,000 that is going into a reserve account; those dollars are available for City expenses in the future. If the roof needs to be replaced, if the heating and air conditioning units need to be replaced, so it is actually good planning. He wished that he had reserve funds for all the buildings. He believes that this is a positive step in the second interim agreement as well. Further the dollars that they are using to support the operations of the hall are not local property tax dollars. Yes, there are local property tax dollars used on the bond issue, absolutely, but in terms of the operations using the Hotel Motel Tax and PSDF dollars, has in fact relieved local tax payers of a burden. Mayor Luecke apologized to the Council for not including them as fully as he should have in past discussions and negotiations. He commits to in the future he will more broadly include Councilmember’s in any future negotiations. He commended Councilmember Pfeifer for her leadership as Chairperson of the Personnel & Finance Committee to hold a series of committee hearings so that we can have better discussion and dialogue, and he welcomes that and wants to continue that actually after the action is taken on the budget for the Hall of Fame. He would like to come in on a regular basis, to report on activities and special activities and dollars that are being brought into the hall as well. Mayor Luecke urged the Council’s favorable recommendation on this bill. Councilmember Varner noted that welcoming them means giving them the dollars that they request. Mayor Luecke stated that it means they get the specific dollars in the interim agreement. He stated that he thinks that it is important for the City to not only welcome but to not strangle them, and again as there will be additional meetings with the Hall, Councilmember Pfeifer is scheduling, he thinks that the NFF has brought more to the table and again, he should have been better in sharing some of that information earlier with the Council. Councilmember Varner stated that an agreement that reflects contribution by this particular agreement, as well as one might think notable for what is doesn’t have as for what may have, and what is doesn’t have is a financial contribution on an ongoing basis from the NFF. What it doesn’t have is a commitment to raise funds even though they are aware of the shortfall and he thinks that they know that there haven’t been any financial contributions from the NFF since 1999, for support of operations. It also doesn’t have is an ongoing effort on their part to create an endowment to support the operations and the shortfall. So, while there are some nice things about the agreement, he doesn’t mean to demean the efforts of everyone involved, agreements need to convene things that support both sides not just one side. Councilmember Varner stated that he will not be supporting this bill. A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of this bill. Greg Ayers, South Bend/Mishawaka Convention & Visitor’s Bureau, 401 E. Colfax Avenue, South Bend, Indiana, spoke in favor of this bill. Mr. Ayers stated that he is asking the South Bend Common Council to support this bill. The tourism industry in St. Joseph County is very significant to the local economy. Over 337 million dollars in direct visitors spending occurred in calendar year 2004. The most recent study was performed by a business out of Lexington, Kentucky. By the University 34 REGULAR MEETINGNOVEMBER 27, 2006 of Notre Dame home football weekends specifically is definitive the #1 reason to visit nd South Bend/St. Joseph County, the Football Hall of Fame is the 2 most visited attraction in the City of South Bend, by out of town visitors. The hall brings people to the community for a variety of events. Its efforts to draw these visitors is directly related to the marketing exposure they achieve in corporate partnerships relationships with NCAA and its member institution as well as the contributions from the NFF, allowing for South Bend to receive positive exposure for the Community and its image to tens of thousands of people. The Hall of Fame also positively impacts out bids to bring meetings and conventions business to downtown South Bend, especially Century Center. Specific to its location to downtown South Bend the Hall of Fame has been a significant reason for many of the current and planned future developments. Its presence has definitively contributed to development of new businesses as well as become a significant gathering point for many special events. Many of which are enjoyed by local residence. He hopes that this resolution will allow for the City to collectively move forward and discuss ways for the Hall to be more successful, in all facets of its operations and to have continued downtown and community development realized. The City of South Bend’s tourism portfolio is enhanced by the presence of the College Football Hall. He respectfully requests the Council’s favorable consideration of this bill. Mr. Richard Nussbaum, Attorney at Law, 210 S. Michigan, South Bend, Indiana, spoke in favor of this bill. Mr. Nussbaum commended Councilmember Pfeifer, Chairperson, Personnel & Finance for the series of hearings that accommodating with this resolution.As the Mayor said, it sends a strong message to the outside world that this Council is in support of the hall here in South Bend, and that it will stay here in South Bend. He was pleased to brief the Council on a historical background with regard to the hall. Which has now spanned more than fifteen years. This included discussion about the original hall proposal and the definitive agreements that resulted from that proposal. And the interim agreements which have modified that original proposal. As well as to have a discussion with regard to public funding of the hall and the sources of the public subsidy that are mentioned in the interim agreements. This was done by himself at the request of the Mayor and the Council and as a volunteer. He hoped that it was beneficial to the members of the Council, so that the discussions that are being held here tonight and that the discussions that will be held in the future will be done based on the facts. He is pleased to see that the Council is considering support of the second interim agreement. If there is blame to be made with regard to what is contained in that interim agreement, he would share in that blame because, he was one of those individuals who helped to negotiate it. He told the Council that he is proud of what they did, it was a give and take, and there is many, many good things about this interim agreement far better than the original agreements that were set up some years ago. There were three goals that were to be met. 1. To provide resources necessary for the success of the Hall of Fame. Mr. Nussbaum stated that he has seen from meetings this afternoon that the Council is hopeful that the Hall of Fame is successful in South Bend. That these resources would not include any property tax dollars for the operations of the Hall of Fame, and have been successful in that regard. That is an important point that needs to be addressed. He noticed that there is some st media here, and hope that they will hear what he is saying, that since January 1 2001, there has not been a single dollar of property taxes that have gone to the operations of the Hall. As the Mayor has indicated there have been property tax dollars that have gone toward the building of the Hall. That is the City’s building and investment. But as far as the operations are concerned, these interim agreements provide that there is no property tax dollars that are going toward the operations of the hall nor is there any risk of any deficits with regard to the interim agreements. The second goal is that the public subsidy that is found and has occurred is capped and that it decreases over time. And that has been accomplished. The third goal is that the City’s investment in the building is protected and the Council has taken the first step toward that this evening by transferring funds into a capital reserve account. The Hall of Fame budget is about a million and half dollars of that in 2006 the public subsidy is $600,000 and the NFF contributed $900,000. It is about a 60/40 split at this point. The resources from the public are two basic sources for that, one is the hotel/motel tax and the second is the PSDF. Due to the efforts of Greg Ayers and many others in this community, those hotel motel tax dollars continue to 35 REGULAR MEETINGNOVEMBER 27, 2006 increase. He believes that the number for ’07 that will go towards the Hall is $507,000. The reason that money is going towards the hall, is that back in 1994, there was a State Law that was passed, that increased the tax from 5% to 6%. State Law provides that the hotel/motel tax board sets the budget for these hotel/motel tax dollars. The County Council approves it. The City Council is a pass through; they appropriate the dollars directly to the hall as the last and third step to that process. In order for the hall to get approval for these budgeted items through the hotel/motel tax board, there are hearings public hearings and the dollars that are spent have to be justified to that board. There is oversight from the County Council and final oversight from this Council. This $507,000 out of this $600,000 that the interim agreement provides for public subsidy is the lion share of the public subsidy. It will indicate that the PSDF dollars will continue to decrease and Mr. Nussbaum’s prediction in year three there will not be and PSDF dollars that are going towards the operations of the hall. There will be an opportunity to continue to use PSDF dollars for the capital needs of the hall, mainly to keep it as a first class facility. So that people will continue to come back and things will not get stale. With regard to PSDF dollars, those dollars come from income taxes, and sales taxes that are generated from certain facilities including the hall, Century Center, Coveleski Stadium, Studebaker National Museum, and the Palais. Otherwise, those dollars would go down state and we would not have any access to them. So they are captured here and stay here. One of the interesting aspects of that is that something that is not really well known is the fact that the Hall itself contributes PSDF dollars by virtue of income taxes that are generated as well as state income taxes as well as the sales that are made. So the Hall does contribute to those PSDF dollars. Finally, with regard to the establishment of the capital reserve account, the model that he thinks that has been very successful in this community has been Coveleski Stadium. With a stadium that is now 20 years old. It has been kept up and is one of the premier facilities in the Nation. This was done because foresight for a capital reserve fund was put in place. There have been no property tax dollars that have been used for Coveleski Stadium for well over 10 years, once it was paid for. Because the City made that commitment to the Capital Investment Fund. The same commitment is being made here for the hall, and that is a very valuable part of this interim agreement. Mr. Nussbaum thanked the Council for their hard work in this regard, he appreciates the support that the Council is giving to the interim agreements and look forward to any contributions that he can make in the future, be it to come in and explain things or to help negotiate new agreements in the future. He will admit and agreement with Councilmember Varner that one of those things that we need to work for is the establishment of an endowment that is raised by the NFF so that the public subsidy can be decreased even further. He is in complete agreement with that; he thinks that is something that we should work for in the future. He believes that they have made steps significant steps with these two interim agreements these agreements are significantly better than the original agreements and asks the Council for their favorable support. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember Pfeifer made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3673-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELD ASSESSMENT GRANT WHEREAS, the United States Environmental Protection Agency has financial assistance for brownfield revitalization, including grants for site assessments; and WHEREAS, the City of South Bend previously received an assessment grant but needs additional funding in order to continue the programs; and 36 REGULAR MEETINGNOVEMBER 27, 2006 WHEREAS, the City of South Bend intends to request a $200,000 Assessment Grant; and WHEREAS, the Mayor is the Chief Executive Officer of the City and is the appropriate applicant for the Environmental Protection Agency Grant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to apply to the United States Environmental Protection Agency for a $200,000 Assessment Grant and to execute all documents related to any grant awarded. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the application submitted to the United Stated Environmental Protection Agency. SECTION III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriate ordinance prior to expenditure of any funds received from the United States Environmental Protection Agency. SECTION IV. That the City of South Bend, Department of Community and Economic Development is hereby designated as the agency and office administering, on behalf of the City of South Bend the Assessment Grant awarded under this application. SECTION V. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Puzzello made a motion to hear the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly, Chairperson, Community & Economic Development Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. th Ms. Ann Kolata, Senior Redevelopment Specialist, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Kolata advised that this bill will authorize submission of an Assessment Grant application to the United States Environmental Protection Agency. The application is for a $200,000 Assessment Grant to continue the Assessment program that was funded by a previous EPA grant. 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 Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS, FIRST READING 37 REGULAR MEETINGNOVEMBER 27, 2006 BILL NO. 87-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $965,051.67 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on December 11, 2006. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinances based on their Public Hearing on November 27, 2006: BILL NO. 66-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITH THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, CARMINE & MARIA MARTINO & JOHN ROY NORTHWEST CORNER OF VANESS STREET AND WILLIS AVENUE AND A PARCEL ON THE WEST SIDE OF BURDETTE STREET APPROXIMATELY 83 FEET NORTH OF VANESS STREET SOUTH BEND, INDIANA Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing on January 8, 2007 and Third Reading on January 22, 2007. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 67-06 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, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 6, RANJAN J. AMIN, 60971 US 31 SOUTH , SOUTH BEND, INDIANA 38 REGULAR MEETINGNOVEMBER 27, 2006 Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing on January 8, 2007 and Third Reading on January 22, 2007. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 72-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 619 N. COLLEGE STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Pfeifer made a motion to accept the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Pfeifer made a motion to refer this bill to the Zoning & Annexation Committee and set it for Public Hearing and Third Reading on December 11, 2006. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 73-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1643 AND 1635 PRAIRIE AVE., SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Pfeifer made a motion to accept the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Pfeifer made a motion to refer this bill to the Zoning & Annexation Committee and set it for Public Hearing and Third Reading on December 11, 2006. Councilmember Dieter 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. PRIVILEGE OF THE FLOOR COMMENTS FROM KYLE BACH REGARDING REQUIREMENTS NECESSARY TO BE APPOINTED TO A BOARD OR COMMISSION Mr. Kyle Bach, 58087 Heritage Point Drive, South Bend, Indiana, inquired about the requirements of becoming a City of South Bend Common Council Member. Mr. Bach stated that he would like to get involved in City Government. Council President Rouse advised Mr. Bach that because he lives in the County he could not be appointed to a City Council Appointment to a Board/Commission. However, if he would like to stay after the meeting is adjourned that the Council Members could enlighten him as to what Boards and Commissions in the County that he could apply for. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 9:50 p.m. 39 REGULAR MEETINGNOVEMBER 27, 2006 ATTEST: ATTEST: ___________________________ __________________________ John Voorde, City Clerk Timothy A. Rouse, President 40