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HomeMy WebLinkAbout09-26-05 Council Meeting Minutes REGULAR MEETINGSEPTEMBER 26, 2005 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, September 26, 2005 at 7:00 p.m. The meeting was called to order by Council President Charlotte D. Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Derek D. Dieter 1 District nd Charlotte Pfeifer 2 District President th Ann Puzzello 4 District th David Varner 5 District th Ervin Kuspa 6 District Timothy Rouse At-Large Al “Buddy” Kirsits At-Large Karen L. White At-Large Vice-President rd Absent: Roland Kelly 3 District Chairperson, Committee of the Whole OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the September 12, 2005, and September 19, 2005 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Charlotte D. Pfeifer s/David Varner Councilmember White made a motion that the minutes of the September 12, 2005 and September 19, 2005, meetings of the Council be accepted and placed on file. Councilmember Kirsits seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 3520-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING THE SISTER CITY RELATIONSHIP BETWEEN SOUTH BEND, INDIANA AND ARZBERG, GERMANY Whereas, in 1956, U. S. President Dwight D. Eisenhower called for “massive exchanges between Americans and the peoples of other lands” which culminated in the creation of Sister Cities International, which is dedicated to “promoting peace through mutual respect, understanding and cooperation—one individual, one community at a time”; and Whereas, on July 21, 1992, the South Bend Common Council formally ratified the Sister City Agreement between the City of South Bend and the City of Czestochowa, Poland, when it adopted Resolution No. 1960-62 resulting in the development an enduring and solid relationship which has contributed to the enhancement of educational, 1 REGULAR MEETINGSEPTEMBER 26, 2005 cultural and tourism opportunities linking these two great communities culturally, spiritually and civically; and Whereas, on June 23, 2003, the South Bend Common Council formally welcomed the 2003 Delegation from Arzberg, Germany, to our community and pledged its support to uphold and strengthen the ties between our cities acknowledging that at the Arzberg City Fest in June of 2002, a three-sided memorial was dedicated which included the following insignia: th There were citizens from Arzberg who, in the middle of the 19 century, left their home “ in search of a new existence. In South Bend in Indiana they found a new home, which enabled them to live a life in peace and freedom. There were citizens of South Bend, who in the year 2002 came to Arzberg from Indiana in search of their historic roots. In Arzberg they found citizens who welcomed them in friendship, and thereby expressed their thanks to the American people. The citizens of Arzberg and the citizens of South Bend established here a symbol of friendship and solidarity between the German and the American people ” with the American Delegation presenting to the Mayor and official representatives of Arzberg, Germany, a commemorative medal, designed by local sculptor Tuck Langland, which depicted images of Arzberg and South Bend and showed that our two cities are united by a boat traveling through the middle of the medallion being representative of the many immigrants who crossed the Atlantic before settling in northern Indiana 150 years ago. Whereas, the South Bend Common Council is indeed honored and privileged to be a part of the establishment of furthering the formal relations between two these great cities, Arzberg and South Bend, as it moves forward in officially establishing this relationship as the second Sister City with the City South Bend; and Whereas, in view of the importance and the many potential cultural & economic benefits resulting from Sister City relationships, the Council further recommends that it pursue other community-driven relationships with other sister cities in parts of the world where our citizens are already linked by their cultures and heritage, especially in Africa and Mexico. 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 officially establishes the Sister City relationship between the City of Arzberg, Germany and the City of South Bend, Indiana. Section II . The South Bend Common Council pledges its support to work in partnership with the South Bend City Administration, to continue to encourage the development of understanding, trust and friendship between the residents of Arzberg, Germany and South Bend, Indiana, by enhancing educational, cultural and economic opportunities. The Council is proud to acknowledge that much of this great history is captured in the growing collections located at the Northern Indiana Center for History which historically trace ties of South Bend to this rich Bavarian city whose German ancestors became prominent business leaders in South Bend and helped shape a growing th community during the 19 century. 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 2 REGULAR MEETINGSEPTEMBER 26, 2005 s/KathleenCekanski-Farrand,Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember David Varner, 1306 Clayton Drive, 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 Mrs. Robinson, representative for the Sister City of Arzberg. A Public Hearing was held on the Resolution at this time. There was no on present wishing to speak to the council either in favor of or in opposition to this Resolution. Ms. Robinson thanked the members of the Council for establishing this relationship with Arzberg, Germany and looked forward to this new friendship and work deligently on working on other Sister City relationships, in the sense that we can lean from each and work together for a better future. Councilmember Kuspa made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3521-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING SOUTH BEND SILVER HAWKS MANAGER MARK HALEY WHEREAS, September 2005 will long be remembered as “Sweet September” in South Bend, Indiana, as the South Bend Silver Hawks captured the 2005 Midwest League Championship with a 4-0 win over the win the Timberrattlers as the Hawks won the best of five games in the championship series; and WHEREAS, the South Bend Common Council is proud to honor Mark Haley, Manager of the 2005 Silver Hawks who skippered his young and talented team to win the league championship; and WHEREAS, Hawks Manager, Mark Haley, is a Granger resident and has a vast amount of baseball experience having spent 13 seasons as a coach/manager in the Chicago White Sox organization, including serving in 1991, 1992 and 1995 as the hitting coach with South Bend when the Silver Hawks were a Chicago White Sox affiliate; hitting coach with Sarasota in 1993, Hickory in 1994, Prince William in 1996, Winston- Salem in 1997, 1999, 2001 & 2002, and Great Falls in 2003 and 2004; and WHEREAS, Hawks Manager Mark Haley began is coaching career in the college and university ranks serving as an assistant at the University of Nebraska Cornhuskers (having been a member of the Cornhuskers’ 1980 Big Eight Championship Team) and the University of Tennessee Volunteers; while serving as the interim Head Coach in Knoxville for the 1987 season. Now, therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby congratulates Mark Haley, Manager of the South Bend Silver Hawks for winning the 2005 Midwest League Championship. Section II. The South Bend Common Council is especially proud to recognize the management style of Hawks skipper, Mark Haley. Mark focused on getting the team “to remain consistent”. This became a key and winning component of the South Bend Silver 3 REGULAR MEETINGSEPTEMBER 26, 2005 Hawks; with the Hawks having the best record in the Midwest League’s 2005 regular season. The Council wishes Mark, his wife Ann, son J.R. and daughter Kelly, all the very best in the years ahead. Go Hawks!! 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/KathleenCekanski-Farrand,Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Derek D. Dieter, 1135 Portage 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 Mr. Mark Haley. 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. Mark Haley, Manager, South Bend Silver Hawks, thanked the Council for this honor. He stated that South Bend has always been very special to his family. Mr. Haley stated that in his fourteen years of coaching it was in South Bend that his first Championship was won. He appreciates the community support for the team. When the team goes on the road to play a game it’s the name South Bend that everyone remembers, not just the Silver Hawks. He commended the athlete’s on this team, they played with dedication and pride. Mr. Haley thanked the City for giving the team the opportunity to have such a wonderful program, a great facility to work in everyday, and a great community to be able to come in and win his first championship for the City of South Bend and the Arizona Diamondbacks. Councilmember Rouse made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3522-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING THE SOUTH BEND SILVER HAWKS FOR WINNING THE 2005 MIDWEST LEAGUE CHAMPIONSHIP Whereas, the Common Council of the City of South Bend, Indiana, is especially proud to honor the South Bend Silver Hawks for winning the 2005 Midwest League Championship, their first league championship since becoming affiliated with the Arizona Diamondbacks in 1997; and Whereas, the Council notes that the Midwest League title for the South Bend rd Silver Hawks is the first for the South Bend franchise since 1993, and the 3 overall championship for South Bend; and 4 REGULAR MEETINGSEPTEMBER 26, 2005 Whereas, the Silver Hawks finished the 2005 Championship Season with a record of 91-58 overall with 7 wins and 2 defeats in the playoffs; and Whereas, the Council would especially like to recognize that the 2005 Silver Hawks: Ryan Coffin, pitcher Todd Stein, pitcher Mark Reynolds, infielder Matt Elliott, pitcher Esmerling Vasquez, pitcher Carlos Gonzales, outfielder Hipolito Guerrero, pitcher Wilkin Castillo, catcher Travis Gulick, outfielder Steven Jackson, pitcher Orlando Mercado, catcher Jereme Milons, outfielder Chris Kinsey, pitcher Allen Mottram, catcher Brandon Simon, outfielder Koley Kolberg, pitcher Emilio Bonifacio, infielder Wellington Cepeda, coach Ross Ohlendorf, pitcher Alberto Gonzalez, infielder Tony Dello, coach Josh Perralut, pitcher Billy Lockin, infielder Rick Spenner, coach Kellen Raab, pitcher Augie Murillo, infielder Scott Jones, trainer Mark Rosen, pitcher Cesar Nicolas, infielder Mark Haley, manager Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby congratulates each and every member of the South Bend Silver Hawks for winning the 2005 Midwest League Championship. Section II. The South Bend Common Council believes that the hard-work, discipline, dedication and raw talent of the South Bend Silver Hawks culminated in each team member bringing the highest of honors to themselves, their family and friends, the South Bend Silver Hawks franchise, and all of the residents of the City of South Bend, Indiana, in creating special memories for all at the Cove this season. 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/KathleenCekanski-Farrand,Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Ann Puzzello, 1247 E. LaSalle, South Bend, Indiana, made the presentation for this Resolution by reading it in its entirety, offering her comments and presenting it to Mr. Mark Haley, Manager, South Bend Silver Hawks. 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. Mark Haley, Manager, South Bend Silver Hawks, thanked the Council for this honor. Mr. Haley stated that most people don’t know the history of the Arizona Diamondbacks and their history in baseball. They won the World Series, of course they had those two pitchers, one right hander and one left hander, but they have won a World Series since they have started their organization of the Arizona Diamondbacks. The Arizona Diamondbacks have never won a full season Minor League Championship until now. This is their first one and a very special win for the owners of the Arizona Diamondbacks. Recently people have called him to say that they were at a game recently, and fourteen (14) players from the Silver Hawks Team walked onto the field in 5 REGULAR MEETINGSEPTEMBER 26, 2005 front of 25,000 people in attendance. They were introduced as the members of the South Bend Silver Hawks, the Minor League Affiliate of the Arizona Diamondbacks and congratulated them on their Championship the first ever in the history of the Arizona Diamondbacks. Councilmember Rouse made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:25 p.m., Councilmember Rouse made a motion to resolve into the Committee of the Whole. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Vice-President, presiding. Councilmember White explained the procedures to be followed for tonights meeting in ã accordance with Article 1, Section 2-11 of the South Bend Municipal Code and that pamphlets were available to the pubic, which outline the Council rules and procedures, and are located on the railing in the Council Chambers. PUBLIC HEARINGS (BILLS 52-05, 53-05 AND 54-05 COUNCIL PORTION ONLY) BILL NO. 52-05 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2006 Councilmember White advised that she would like the record to reflect that the Council has already had the official second reading on this bill. At this time this portion of this meeting will rest with the Councilmembers. If there is any comments or questions that the Councilmembers may have pertaining to Bill 52-05, they may be addressed at this time. Councilmember Varner advised that the request for budget dollars this year suggested or requested the full 3.9% levy. It is not a surprise to anyone that is a resident or a property taxpayer in the City of South Bend that the property taxes are becoming more of a burden every year. This has been thoroughly reviewed exhaustedly almost in some instances. What ever the number is, he is afraid that the property taxes in the City of South Bend are going to continue to rise a bit. He hopes that the Council in the future can look for ways to reduce some of the expenditures, one idea might be that instead of budgeting for the full amount of the levy try to strive for a smaller percentage. Councilmember Varner suggested to bring the idea up now because too many times they get into discussions during budget time and all of a sudden they realize that it is too late to take action He stated that people wonder how the levy was set and why it was set at so high of a percentage. This is just one of the ways that maybe it can be controlled for next year. Councilmember Rouse stated that the Council had to make a very tough decision as to what quality of life they wanted to maintain in the City. So the Council did levy to the maximum in order to present this budge. To give the citizens of the City of South Bend the very best services that we could possible afford. Given all the elements and factors the Council had to consider. Councilmember Kirsits made a motion for favorable recommendation to full council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. 6 REGULAR MEETINGSEPTEMBER 26, 2005 BILL NO. 53-05 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006, AND ENDING DECEMBER 31, 2006, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember White advised that she would like the record to reflect that the Council has already had the official second reading on this bill. At this time this portion of this meeting will rest with the Councilmembers. If there is any comments or questions that the Councilmembers may have pertaining to Bill 53-05, they may be addressed at this time. Council Attorney Kathleen Cekanski-Farrand, advised that earlier this afternoon the Council received updated summary sheets for various budgets that would affect the general fund as well as the Police Pension.In light of those numbers increasing, the Council is requesting Mayor Luecke by State Law, only the administration can make a request to increase at this point. So, we respectfully request that Mayor Luecke make those remarks. Mayor Stephen J. Luecke, 1400 County-City Building, South Bend, Indiana, advised that they presented an updated summary of information for the budget. Between the time that they originally submitted their budget and now, they have reached conclusion of negotiation with both the Police and the Fire bargaining units which has resulted in a change in the budgeted amounts. In particular, in the personnel line items for those departments and in the pension as well. These results of the negotiations allow for an increase in the expenditure amounts of $140,000 which will also mean a potential increase in the disbursement from the rainy day fund of $140,000 to meet those additional expenditures. Mayor Luecke officially request as Mayor of the City of South Bend, that the Council accept this change to the budget in Bill No. 53-05. Councilmember Puzzello made a motion to accept the detail line item as on file with the City Clerk, filed by the administration and requested by the Mayor. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Council Attorney Kathleen Cekanski-Farrand advised that there is a request that Fund #377 be amended by decreasing the line item by $32,000. Councilmember Varner made a motion to amend Fund #377 to reduce the proposed appropriation in the budget by $32,000. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Varner advised that Fund #377 for the those in the audience is the annual transfer of monies to the College Football Hall of Fame. It is funded partially out of Hotel-Motel Tax and partially from the Sports Development Fund. The College Football Hall of Fame has been with us for about thirteen (13) years now. There have been a number of disappointments associated with it. Despite the good efforts by a lot of people, the realization of the goals and dollars and the attendance has not materialized and in all honesty, they will never materialized. That leaves us in a position as a Council about what to do with escalating expenditures. A year ago the proposed budget was reduced by $200,000, that was pretty significant. This year the purpose of this request is not to be such a financial dent in the appropriation to the Hall of Fame, but to send a message to the people from New York at the National Football Foundation that in fact the Council intends to be a part of the ongoing planning or lack of planning that is going on at the Hall of Fame in the past number of years. When it was proposed, it was going to be free for everybody. It was going to be free to the people in New York and in the City of South Bend. As we enter in to year 10 of the active phase of the College Football Hall of Fame, its really the people in New York that the City of South Bend continues to fund it to the tune of somewhere around $600,000. He personally doesn’t care if the Hall 7 REGULAR MEETINGSEPTEMBER 26, 2005 comes or goes, one of his thoughts were that if Bernie Kish couldn’t make it work, he is not so sure that anyone else can. So the people in New York need to understand that just as things have changed since 1993, when this was proposed, it has got to change across the board, it can’t change just for the City of South Bend and we have to pick up the tab, they need to bring some money to the table. They steadfastly refused to raise funds on their own behalf for Hall of Fame support for support of the operations. He thinks that the time has come when the Hall of Fame has to be funded for what it is, not for what everyone wishes it was. So with that in mind a modest reduction of basically 5% of $32,000 is his proposal. He hopes that in the very near future, the NFF acquires the means to support these operations, so we can further reduce the City’s annual obligations. Councilmember Varner made a motion for favorable recommendation of Bill 53-05 to full Council concerning this bill as amended. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 54-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006 AND ENDING DECEMBER 31, 2006, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember White advised that she would like the record to reflect that the Council has already had the official second reading on this bill. At this time this portion of this meeting will rest with the Councilmembers. If there is any comments or questions that the Councilmembers may have pertaining to Bill 54-05, they may be addressed at this time. Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 69-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE MUNICIPAL CODE TO INCREASE THE FINE PROVIDED FOR PARKING IN AREAS DESIGNATED BY SIGNS AS NO PARKING AREAS DURING CERTAIN HOURS ON DATES OF SPECIAL EVENTS Councilmember Kuspa made a motion to consider the substitute version of this bill as on file with the City Clerk.Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Vice-Chairperson, Personnel & Finance Committee reported that this committee met this afternoon on this substitute bill and sends it to the Council with a favorable recommendation. Ann-Carol Nash, Assistant City Attorney, 1400 County-City Building, South Bend, Indiana made the presentation for this bill. Ms. Nash advised that the purpose of this bill is actually to encourage people to comply with the law providing for signage, which essentially is usually used for Notre Dame home games, prohibiting parking on the street during certain times and dates. The signage clearly provides at this point that that is prohibited but the parking fine is the same as the parking fine generally which is only $10.00. That is less expensive to violate 8 REGULAR MEETINGSEPTEMBER 26, 2005 that provision then it is to go and park legally at another appropriate designated place. Following discussions with Councilmember Puzzello, Lynn Coleman, Members of the Neighborhood Task Force and people affected by the congested parking in their neighborhood, particularly on the dates of Notre Dame home games. The proposed fined would increase that violation to $100.00. Which is certainly a little more expensive than the parking that is legal. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Puzzello advised that this bill has come about because in several areas of the northeast side of the City, particularly those that the situation may exist in some other areas also. The University of Notre Dame has cut way back on their parking. So it is necessary for people who attend the football games have to park on City streets. The Wooded Estates Subdivision and Harter Heights Subdivision have a lot of parking on their streets on games days. The streets are narrow and winding, so when parking exists on both side of the street it virtually impossible for any emergency vehicle to get down the street. Therefore, one side of the street was declared no parking on home Notre Dame games. People often violated that declaration, because the $10.00 fine does not mean very much when it costs so much to park anywhere else. The reason for this ordinance is to make people aware of where they are parking in the northeast area on home game days and park where it is legal for them to do so. Councilmember Dieter asked when will the police be able to enforce it. Ann-Carol Nash, answered that as soon as it is effective, which would be after the bill is passed, signed and legally advertised. Attorney Kathleen Cekanski-Farrand stated that the ordinance would take effect after the legal publication and be in effect before the next home game. Councilmember Al “Buddy” Kirsits advised that he has had many a complaints from the Captain’s at Engine #3, that have actually had medical calls to those subdivisions and could not get the fire truck through the streets. Hopefully, this bill will go far enough to solve the problem, but he do think that if it does not go far enough, we may have to tighten up the bill more, designating certain areas immediate tow zones. He stated that makes the City look like we are unfriendly, but the Council is taking these actions, not because we don’t want people parking in the neighborhood, but because there is a serious public safety issue here. If they continue to park there and get the ticket and if there from out of state and don’t care whether they pay it or not, then we are going to have to take the next step and go to an enforceable immediate tow zone on those days. Councilmember Kirsits stated that this is a good step and in the right direction. Councilmember Rouse asked if the City agreed to change the signs and have them posted before the next home game. Ann-Carol Nash stated that in conversation with Marcia Qualls, Customer Service Representative in the City Engineer’s Office, that the City can provide that information on the sign and it would be a note added to the existing sign that would show the $100.00 fine would be imposed. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Rouse made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. 9 REGULAR MEETINGSEPTEMBER 26, 2005 ATTEST: ATTEST: __________________________ __________________________ John Voorde, City Clerk Karen L. White, Vice-President REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:50 p.m. Council President Charlotte D. Pfeifer presided with eight (8) members present. BILLS, THIRD READING ORDINANCE NO. 9622-05 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, CERTAIN LAND LOCATED AT THE SOUTHWEST CORNER OF BRICK ROAD & PORTAGE ROAD, MARY ANN POWELL & SALLY DUNN, COUNCILMANIC DISTRICT NO. 1, GERMAN TOWNSHIP, SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9623-05 AN ORDINANCE ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2006 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 eight (8) ayes. ORDINANCE NO. 9624-05 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006, AND ENDING DECEMBER 31, 2006, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 10 REGULAR MEETINGSEPTEMBER 26, 2005 This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as substituted. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (9) ayes. ORDINANCE NO. 9625-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006 AND ENDING DECEMBER 31, 2006, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9626-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE MUNICIPAL CODE TO INCREASE THE FINE PROVIDED FOR PARKING IN AREAS DESIGNATED BY SIGNS AS NO PARKING AREAS DURING CERTAIN HOURS ON DATES OF SPECIAL EVENTS This bill had third reading. Councilmember Dieter made a motion to consider the substitute version of this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes.Additionally, Councilmember Dieter made a motion to pass this bill as substituted. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of eight (9) ayes. RESOLUTIONS BILL NO. 05-110 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 926 BLAINE STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, required the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. 11 REGULAR MEETINGSEPTEMBER 26, 2005 NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a special exception be granted for the property located at 926 Blaine Street South Bend, IN 46616 In order to permit Seeking a special exception for a duplex SF2 SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Kuspa, Chairperson, Zoning & annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with an unfavorable recommendation. Mr. Don Fozo, C.B.O., Building Commissioner, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, gave Board of Zoning Appeals report. Mr. Fozo advised that the petitioner is seeking a Special Exception to allow a duplex in SF2, on Property located at 926 Blaine Avenue, zoned SF2. The Board of Zoning Appeals at its public hearing on August 18, 2005, sends this bill to the South Bend Common Council with no recommendation. Ms. Sara Williams, 1602 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. 12 REGULAR MEETINGSEPTEMBER 26, 2005 Ms. Williams advised that she is the Trustee for the 926 Land Trust. Ms. Williams stated that she is seeking a Special Exception to allow for the property located at 926 Blaine Avenue to be used as a duplex as opposed to a single-family dwelling. The property had formerly been used as a three unit apartment building and had been grandfathered with a legal non-conforming use. However, since the building has been vacant for over one year, that status has been lost. Ms. Williams stated that a duplex would be the most efficient use for the property due to the structure of the building. The building was built in such a way that would make it difficult to fully utilize the space as a single-family home. It would be virtually impossible to connect one of the apartments with the rest of the house to make a functional single-family home. Additionally, allowing the house to be used as a duplex allows us to provide an affordable housing option in this neighborhood. A Public Hearing was held on the Resolution at this time. Mr. Roy Brown, 3811 Eastmont Drive, South Bend, Indiana, stated that this house is a big beautiful house and although it is just one house, people in a working class neighborhood with a house that size, I don’t see them being able to afford to pay the utilities. By turning down this petition, would just leave a big empty house sitting and not benefit the taxation and not benefit the City at all. Agreeing to pass this petition would allow the home to become an asset to the City of South Bend. By allowing the home to be rejuvenated back to its original status or better will put it back on the tax rolls. This is just a grain of sand but it takes all the sand to make a beach, it could be a real asset to the City of South Bend. Ms. Lynn Meinerding, 1136 Bissell, South Bend, Indiana, Apartment Manager for 926 Land Trust, advised that she approves renters that seek applications to rent. She stated that 926 Blaine is a very nice home, however, it is very large approximately 2,400 square feet. To heat a house of that size as a single family home would be astronomical. As a duplex, it would allow for people to live in a great neighborhood. It would be an assest to the City of South Bend. Ms. Meinerding advised that the screening process is very thorough, they do credit checks and background checks, they are very particular in who they rent to. There was no one else present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. Mr. Homer Nissley, 1136 Blaine, South Bend, Indiana, spoke in opposition to this bill. Mr. Nissley stated that seeking a special exception starts a trend, that will continue no doubt, particularly if land owners and land lords get the idea that they can take a large house and appeal for changes in the zoning that have been established for this area. He lives north of this home and has delivered neighborhood newsletters to this particular home for many years, and realizes that it is a fairly large house on a very small lot, with very limited parking area. This special exception would be very undesirable for the neighborhood to see it used as a multiple unit. Mr. Stephen Perkins, Pastor, Faith Baptist Church, 1002 Blaine, South Bend, Indiana, Mr. Perkins advised that the Church is located directly across the street from this property as well as 923 and 925 Blaine which he is the overseer of those properties as well. Mr. Perkins stated that he is in opposition of this Resolution, because that particular home will make the neighborhood more transient than it already is. That means that the neighborhood becomes more unstable, it has the possibility of people entering and exiting on a regular basis. This makes it harder to attract home owners and potential home buyers. Multiple tenants and renters have a tendency not to take as much pride in the property or the property of others compared with communities where the majority are home owners. Parking will be a problem, there is not enough room on the lot to park cars. Ms. Karen Ainsley, 1007 Portage, South Bend, Indiana, Executive Director, Near Northwest Neighborhood Association. The Near Northwest Neighborhood has been in 13 REGULAR MEETINGSEPTEMBER 26, 2005 existence for approximately 31 years. Some of the aspects of the organizations is to promote and stabilize home ownership in the area. A lot of those original efforts were focused on single-family zoning. Ms. Ainsley challenges the investors that are buying in the neighborhood to the Near Northwest who routinely buys quite large homes and rehabs them back to their single -family original status. Homes sell very quickly, they have a stabilizing effect, there are a lot of young families moving into the area. No one is really opposed to rentals, however in this neighborhood over 65 percent of rentals in this area are transient rental moving less than every six (6) months or so. So where do you draw the line and get back to home owners and stability in the neighborhood. On behalf of the Near Northwest Neighborhood Organization and the neighbors they encourage the Council not to pass this bill tonight. Ms. Rhonda Redman, 518 N. Scott Street Apartment A, South Bend, Indiana, stated that she is a renters and does not have a problem with renters. However, there are some down sides to rental properties. People come and go, she stated that she has been a renter at the same location for 12 years. She understands that she is one of the few that have tried really hard to keep up the neighborhood in the 500 block of North Scott Street. This area was really dangerous at times and when she would converse with people and tell them where she lived, they would say aren’t you afraid to live there. She stated that they have worked together to build the neighborhood back to a place where it is safe to live, and everyone knows each other. The bottom line is where do you draw the line when asking for a special exception. She urged the Council to oppose this bill. In Rebuttal: Ms. Sara Williams advised that she would like to reiterate the quality of the tenants that they strive to bring to their rental properties. They have on several different levels a vested interested in this neighborhood. Ms. Williams stated that she owns ten (10) rental properties in South Bend, three of which are in this neighborhood. They also convert multi-family back to single-family and try to find a home owner to live in that property rather than an investor, that is always their first choice if they can do that. They have quite a vested interest in providing a stable community. She stated that’s why its called a Special Exception, because in this situation with the way the home was designed it would not be feasible to covert back to single-family. The parking situation will be addressed, by using an old curb cut, which they will have a drive-way installed so there will be parking on the property. Councilmember Dieter made a motion to defeat this Resolution. Councilmember Puzzello seconded the motion which carried and the Resolution was defeated by a roll call vote of eight (8) ayes. RESOLUTION NO. 3523-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1827 NORTH BENDIX DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MANN+HUMMEL USA, 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 1827 , North Bendix Drive South Bend, Indiana, and which is more particularly described as follows: 14 REGULAR MEETINGSEPTEMBER 26, 2005 A parcel of land being part of the Northeast Quarter of the Southeast Quarter of Section 33. Township 38 North, Range 2 East, in the City of South Bend, Portage Township, St. Joseph County, Indiana. and which has Key Numbers 18-2184-693802, 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 remonstrances 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 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 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/Charlotte D. Pfeifer Member of the Common Council Mr. Mark Witucki, 1827 N. Bendix Drive, South Bend, Indiana, made the presentation for this bill. Mr. Witucki advised that Mann + Hummel USA, Inc. is a manufacturer of air intake manifolds for the auto industry. In order to continue growth, new equipment is needed to accommodate demand and increase productivity for Toyota, BMW and Daimler. Proposed new equipment will provide the South Bend facility with additional capacity to manufacture air intake manifolds. In addition to hiring twelve (12) new employees, local contractors will be used for installation and start up. The total cost of the project is estimated at $3 million. 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 White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS – FIRST READING BILL NO. 71-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA APPROPRIATING $324,956 RECEIVED FROM THE U.S. DEPARTMENT OF 15 REGULAR MEETINGSEPTEMBER 26, 2005 JUSTICE FOR THE WEED & SEED PROGRAM This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on October 10, 2005. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on September 20, 2005: BILL NO. 47-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 2, RESIDENTIAL DISTRICTS, TO ALLOW TEMPORARY SALES OFFICES FOR RESIDENTIAL SUBDIVISIONS; TO ADD USES TO THE MF1 URBAN CORRIDOR MULTIFAMILY, MF2 HIGH DENSITY RESIDENTIAL, MU MIXED USE, LB LOCAL BUSINESS; CB COMMUNITY BUSINESS, CBD CENTRAL BUSINESS DISTRICT, GB GENERAL BUSINESS, LI LIGHT INDUSTRIAL AND CI GENERAL INDUSTRIAL DISTRICTS; CLARIFY FENCING REGULATIONS IN THE U UNIVERSITY DISTRICT; CLARIFY LANDSCAPING REQUIREMENTS; MODIFY THE DEFINITION OF SPECIAL EVENTS; AND CLARIFY THE DISPLAY OF POLITICAL SIGNS Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on October 24, 2005. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 49-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2920 EDISON RD, COUNCILMANIC DISTRICT #4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember White made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on October 10, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 70-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 4, SECTION 13-57 AND 13- 57.05 OF THE SOUTH BEND MUNICIPAL CODE TO CLARIFY PROHIBITED NOISES WITHIN THE CITY OF SOUTH BEND 16 REGULAR MEETINGSEPTEMBER 26, 2005 Councilmember White made a motion to reset this bill for Public Hearing and Third Reading on October 24, 2005, and refer to the Health and Public Safety Committee. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 43-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN PROPERTY LOCATED AT 56969 ORANGE ROAD, AND ADJACENT PROPERTY, WAGGONER’S DAIRY FARM INC., PHASE II COUNCILMANIC DISTRICT NO. 1, GERMAN TOWNSHIP, CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to reset this bill for Public Hearing and Third Reading on October 24, 2005, and refer to the Zoning and Annexation Committee. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS PRIVILEGE OF THE FLOOR Council Reports: Councilmember Timothy A. Rouse, At-Large, advised that on September 14, 2005 he attended a 7:30 a.m. Board meeting for DTSB. Mr. Chip Lewis the Board Chairman was out of the city as was Director Laura Guy.An associate opened the meeting at 7:35 a.m. the Financial report reflected a solvent organization with a balance of $36,667.90 in the operating budget. The director submitted a written report, 3 DTSB communicated with Marathon Oil Company concerning the Gas Station at LaFayette and LaSalle Streets known as “Always Open” the corporate responded very quickly and South Bend Police th have not been called there since July 5. This was shared to show the possible results when a corporate office acts on problem subsidiaries. There has been a considerable amount of marketing and promotional initiatives aimed at increasing business in downtown South Bend. The Studebaker Museum has opened since the 9/14 meeting and there were several events promoting this historical grand opening. City Engineer Gary Gilot, reported that Transpo and the City have received a Federal grant for $900,000.00 to increase the artistic appearance Transpo parking lot and if there are enough funds available the via docks on Michigan and Main streets will be beautified. The facade grant program is moving forward and has already committeed $75,000.00 of the $125,000.00 available for the 2006 facade program. The old IBM building, which will be the new home of the SBCSC, is scheduled to open in July of 2006, the project is on schedule. The meeting was adjourned at 8:45 a.m. On September 19, 2005, Councilmember Rouse advised that he attended a Solid Waste Management District Board meeting scheduled for 10:00 a.m. Chairman Randy Przybysz called the meeting to order at 10:15 a.m. Board members in attendance were Randy Przybysz, Timothy Rouse, th Mark Dobson and Cindy Bodle, one short of a quorum. By state law September 19 was the last day the board could pass the proposed budget for 2006. The director Mark Mehall stated that appropriations would have to be applied after the first of January 2006. County Auditor Michael Eby gave a finance report for information only no motion was presented. The meeting ended with a statement from Chairman Przybysz concerning the inability to attain a quorum for the last several meetings. The meeting was adjourned at 10:45 a.m. September 20, 2005, Councilmember Rouse advised that he attended the LaSalle Neighborhood Association meeting at the Charles Black Center. Councilmember Charlotte Pfeifer had to be out of the City and asked for At-large Councilmembers to cover for her. The meeting started at 5:35 p.m., Councilmember White was also in 17 REGULAR MEETINGSEPTEMBER 26, 2005 attendance as were other city representatives from the Mayor’s Office, SBPD, Waste Management and Animal Control. The meeting was well attended. Ms. Gale Brodie chaired the meeting. The major focus was on the trash pick up in LaSalle Park. Several of the residents do not want their trash picked up in the front of their homes they prefer ally pick up. The other hot issue was the cost of the second container for low-income families. I think the Utilities Committee will need to review the ordinance. Pit bull dogs are a major concern there have been several sightings in LaSalle Park. A representative from animal control took notes. The meeting was adjourned at 6:40 p.m. Respectfully submitted, Timothy A. Rouse ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:20 p.m. ATTEST: ATTEST: _________________________ ________________________ John Voorde, City Clerk Charlotte D. Pfeifer, President 18