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HomeMy WebLinkAbout12/10/07 Council Meeting MinutesREGULAR MEETING DECEMBER 10, 2007 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, December 10, 2007 at 7:00 p.m. The meeting was called to order by Council President Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS Present: Derek D. Dieter Charlotte Pfeifer Roland "Randy" Kelly Ann Puzzello David Varner Ervin Kuspa Al "Buddy" Kirsits Timothy Rouse Karen L. White 1st District 2nd District 3rd District 4th District Vice-President 5th District 6th District At-Large At-Large President At-Large Chairperson Committee of the Whole OTHERS PRESENT: John Voorde Mary Beth Wisniewski Janice I. Talboom Kathleen Cekanski-Farrand City Clerk Chief Deputy Deputy City Clerk 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 26, 2007, 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 White made a motion that the minutes of the November 26, 2007 meeting of the Council be accepted and placed on file. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 3814-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING 2ND DISTRICT COUNCILMEMBER CHARLOTTE D. PFEIFER FOR HER TWELVE (12) YEARS OF DEDICATED PUBLIC SERVICE TO OUR COMMUNITY 1 REGULAR MEETING DECEMBER 10, 2007 Whereas, the Common Council of the City of South Bend, Indiana, notes that Charlotte D. Pfeifer was elected in 1995 and has served as the 2nd District Council Member since January 1, 1996; and Whereas, the Common Council notes that Council Member Pfeifer is known for her "passion for neighborhoods and South Bend" and that she has committed herself for the past twelve (12) years to "helping to revitalize, sustain and build neighborhoods"; and Whereas, the Common Council is proud to recognize that Council Member Pfeifer has served in several leadership positions: Council Vice-President in 1997 and 1998, Chairperson of the Committee of the Whole in 1999; Council President in 2000, 2001 and 2005; and Chairperson of the Council's Personnel and Finance Committee for the past several years; and Whereas, perhaps the most enduring contributions which Council Member Pfeifer will long be remembered for include her initiatives to host a series of conferences which culminated in the passage of the Gang Loitering Ordinance in 2002; sponsoring resolutions addressing Race Equality and Inclusive Communities Week, Disability Awareness Month, World Aids Day and Juneteenth Celebrations; as well as other quality of life ordinances, with the most recent ordinance being passed by the Council which will become effective on January 1, 2008, addressing vacant and abandoned building regulations. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby congratulates and publicly honors Charlotte D. Pfeifer for her twelve (12) years of dedicated public service as the 2nd District Council Member for the City of South Bend, Indiana. Section II. Council Member Pfeifer will long be remembered for promoting the many cultural opportunities available in her beloved 2nd District, some of which include the Martin Luther King Center, LaSalle Park, the LaSalle Park Senior Center, the LANA Partnership Center, the Studebaker National Museum, the College Football Hall of Fame, the Morris Performing Arts Center, and the Palais Royale; the many exciting and enduring Chapin Street and Martin Luther King Drive revitalizations which have captured the spirit of the "can do" attitude of the 2nd District residents; and the Civil Rights Heritage Museum, opening in the near future, which will provide another great opportunity to learn about the rich and diverse cultural heritage of the City of South Bend's residents and our nation's civil rights struggles. Section III. The South Bend Common Council sincerely wishes 2nd District Council Member Charlotte D. Pfeifer and her husband Verge, all the best in the years ahead, and we look forward to seeing them walking throughout the downtown enjoying the many diverse cultural activities and opportunities which South Bend has to offer. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, 1st District s/Roland "Randy" Kelly, 3rd District s/Ann Puzzello, 4th District s/Dr. David Varner, 5th District s/Ervin Kuspa, 6th District s/Al "Buddy" Kirsits, At Large s/Timothy A. Rouse, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand, Council Attorney Attest: Adopted this 14th day of December, 2007 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend 2 REGULAR MEETING DECEMBER 10, 2007 Councilmember Karen L. White, 1912 Malvern Way, South Bend, Indiana, made the presentation for this Resolution by first offering her comments and then reading the Resolution in its entirety and presenting it to Councilmember Pfeifer. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Pfeifer thanked the Council, City Clerk John Voorde and his staff, the Mayor, and especially the residents of the 2"d District for whom it was a privilege to serve. She stated that she will be back speaking on issues from the other side of the podium. Additionally, Councilmembers Varner, Kirsits, Kuspa, Puzzello, and Rouse offered comments and thanked Councilmember Pfeifer for her years of service on the Council. Councilmember Varner made a motion to adopt by acclamation. Councilmember Dieter seconded the motion which carried. RESOLUTION NO. 3815-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING 6TH DISTRICT COUNCIL MEMBER ERVIN KUSPA FOR HIS MORE THAN SEVEN (7) YEARS OF DEDICATED PUBLIC SERVICE TO OUR COMMUNITY Whereas, the Common Council of the City of South Bend, Indiana, notes that since 2002, Ervin Kuspa has been diligently, faithfully and caringly serving the residents of the 6th District Council; and Whereas, the Common Council notes that Council Member Kuspa, a graduate of Central High School with his further educational pursuits being done at St. Cyril & Methodius Seminary; and Whereas, Council Member Kuspa is known for his kind, caring and thoughtful ways, both as a 6th District Council Member and as a living witness to his faith as the Deacon of Our Lady of Hungary Catholic Church located at 829 West Calvert Street where he attends, along with Pastor Teteh, to the many spiritual needs of the culturally diverse parishioners who are known for their many contributions to the surrounding neighborhoods, as well as for their outdoor Memorial Day services at the Purple Heart Memorial Tower to honor the Parish's war dead; and Whereas, Council Member Kuspa has continually dedicated his efforts to working to make South Benda "people friendly city" by promoting "cohesiveness" of all city residents; for actively working to reduce crime; for his many efforts to create drug-free and graffiti-free campaigns which have real and tangible results; so that more families will locate to the west side to raise their families, while also encouraging businesses with good-paying jobs to locate in the 6th District. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby congratulates and publicly honors Ervin Kuspa for his more than seven (7) years of dedicated public service as the 6th District Council Member for the City of South Bend, Indiana. 3 REGULAR MEETING DECEMBER 10, 2007 Section II. Council Member Kuspa will be fondly remembered for his kind and gentle spirit; his many words of inspiration; for working closely with the Rum Village Partnership Center; for being actively involved with the many "Weed and Seed" activities which are positively impacting many residential neighborhoods in the 6th District; for his advice and counsel while serving for many years as the Chairperson of the Council's Zoning and Annexation Committee; and for his positive input as a member of several City Negotiating Teams who successfully reached agreement with representatives of the South Bend Fire Department, the South Bend Police Department and the Teamsters who then ratified such wage and benefit packages. Section III. The South Bend Common Council sincerely wishes 6th District Council Member Ervin Kuspa improved health, and hopes that Rev. Mr. Ervin Kuspa and his beloved wife of fifty-two (52) years, Verna, all the best in the years ahead, and sends them a heartfelt DZIEKUJE on behalf of the entire city, with all of us looking forward to saying DZIENDOBRYto each of you in the years ahead. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, 1st District s/Roland "Randy" Kelly, 3rd District s/Ann Puzzello, 4th District s/Dr. David Varner, 5th District s/Ervin Kuspa, 6th District s/Al "Buddy" Kirsits, At Large s/Timothy A. Rouse, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand, Council Attorney Attest: s/John Voorde, City Clerk Adopted this 14th day of December, 2007 s/Stephen J. Luecke, Mayor of South Bend Councilmember Ann Puzzello, 1247 East LaSalle Avenue, South Bend, Indiana, made the presentation for this Resolution by reading it in its entirety and presenting it to Councilmember Kuspa. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Kuspa thanked the employees of the City of South Bend, City Clerk John Voorde and his staff, the Mayor, members of the Council and especially the residents of the Sixth district for whom it was a privilege to serve. Additionally, Councilmembers White, Kirsits, Pfeifer, Dieter, Rouse offered comments and thanked Councilmember Kuspa for this years of service on the Council. Councilmember Puzzello made a motion to adopt this Resolution by acclamation. Councilmember Dieter seconded the motion which carried. RESOLUTION NO. 3816-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING 3RD DISTRICT COUNCIL MEMBER ROLAND "RANDY" KELLY FOR HIS ADMIRABLE SERVICE AND SINCERE DEDICATION IN COMPLETING WITH DISTINCTION AND RENEWED VIGOR HIS LATE FATHER'S COUNCIL TERM 4 REGULAR MEETING DECEMBER 10, 2007 Whereas, the Common Council of the City of South Bend, Indiana, notes that in the 16th year of service on the South Bend Common Council, Roland Kelly passed away on the 26th day of May, 2007 at the age of eighty (80) years young; and Whereas, the Common Council notes that on June 15, 2007, Council Members Dieter, Puzzello, Kuspa, Kirsits, Rouse and White sent a letter to the Chairperson of the St. Joseph County Democratic Central Committee "whole-heartedly recommending and supporting Roland `Randy' Kelly III to fill the 3rd District Councilmanic Seat", further noted that "Roland's rich legacy will live on in many ways throughout our community, but would be further enriched by Randy completing his father's term"; and Whereas, Council Member Roland "Randy" Kelly was duly elected by the 3rd District Precinct Committee persons to succeed his Dad, and has not missed a beat since his first official Common Council meeting held on June 25, 2007; and Whereas, Council Member Kelly has provided quality leadership to the Council's Community Relations Committee where he serves as its Committee Chairperson, and conducted public hearings on the proposed ordinance which addressed amendments to the Youth Advisory Council; and for most recently sponsoring a resolution commending another South Bend community leader. 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 thanks and publicly honors Roland `Randy' Kelly III for paying tribute to his Dad and the entire Kelly Family in faithfully serving the last several months as the 3rd District Council Member for the City of South Bend, Indiana. Section II. Council Member Randy Kelly will be recalled and remembered for his quick smile, for his keen insights, for the probing questions he has asked on the many issues which have come before the Council since June of this year, and perhaps most importantly for the loving musical tribute which Randy made to honor his Dad, as part of the Roland Kelly Remembrance Week held the week of August 27, 2007 when the University of Notre Dame hosted the Georgia Tech Yellow Jackets. Section III. The South Bend Common Council sincerely wishes 3rd District Council Member Randy Kelly, his wife, Jory, and their children Breanna, Maeve and Jayne the very best in the years ahead, and hope that he would some day in the future consider again proudly serving the citizens of South Bend. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, 1st District s/Roland "Randy" Kelly, 3rd District s/Ann Puzzello, 4th District s/Dr. David Varner, 5th District s/Ervin Kuspa, 6th District s/Al "Buddy" Kirsits, At Large s/Timothy A. Rouse, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand, Council Attorney Attest: s/John Voorde, City Clerk Adopted this 14th day of December, 2007 s/Stephen J. Luecke, Mayor of South Bend Councilmember 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 Councilmember Kelly. A Public Hearing was held on the Resolution at this time. 5 REGULAR MEETING DECEMBER 10, 2007 There was no one present wishing tot speak to the Council either in favor or in opposition to this Resolution. Councilmember Kelly stated that it has been a privilege and an honor to be asked to fill his father's remaining term. He thanked City Clerk John Voorde and his staff, the Mayor, the employees of the City of South Bend, members of the Council and especially the residents of the Third District for whom he and his father had the privilege of serving. Additionally, Councilmembers Kirsits, Kuspa, Puzzello, Pfeifer, Dieter offered comments and thanked Councilmember Kelly for serving out the remaining year on behalf of his father Roland A. Kelly, Jr. Councilmember Kirsits made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLUTION NO. 3817-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE 2007 ST. JOSEPH'S HIGH SCHOOL BOYS FOOTBALL TEAM FOR A GREAT SEASON AND FOR THEIR ATHLETIC EFFORTS IN THE CLASS 3 - ATITLE GAME Whereas, last Fall, the Common Council recognized St. Joseph's High School for being named one of the top fifty (50) high schools in the country by the Catholic High School Honor Roll; and Whereas, in addition to their high academic standards, the St. Joseph's High School Boys Football Team were Indiana State Champions in 1966 and 1995; Semi-State Champions in 1995; Regional Champions in 1983, 1990, and 1995; and Sectional Champions in 1976, 1983, 1990, 1994, 1995, and 2002; and Whereas, the Common Council is especially proud to acknowledge each and every member of the St. Joseph High School Boys Football Team, and their coaches, managers, cheerleaders, and staff for being the 2007 Indiana Semi-State Champions, the 2007 Regional Champions and the 2007 Sectional Champions: I Erie Schifiman 27 Collin Kubseh 70 Gregory Neeser Ben Downey, Asst. Coach Gana Dietz, Cheerleader 2 Timothy Kaniewski 30 Mitchell McMahon 71 Tyler Duczynski Brian Farrell; Asst. Coach Lauren Hickey, Cheerl. 3 Zachary Matthews 31 Kody Ruszkowski 72 Christopher Kosinski Dill Farrell, Asst. Coach Angela Jasinski, Cheerl. 4 Benjamin Hinz 32 Callahan Healy 73 Joshua Cobbin Steve Kasznia, Asst. Coach Kristine Kowalski, Cheerl. 5 Trace Dowling 33 Christopher Herzog 74 Tyler Wolfram Steve Kubsch, Asst. Coach Ashton Means, Cheerl. G Joseph Hecklinski 38 Ali EI-Ammori 75 Montana Knapp Dan Luther, Asst. Coach Shelby Smallbone, Cheerl 7 Tayler Summerlin 40 Kevin Healy 7G Christian Honap Joe Miller, Asst. Coach Shawna Vite, Cheerleader 8 Christopher Hoffman 41 Austin Kearney 77 Mark Schroeder Ruel Taylor, Asst. Coach Rachael Doyle, Cheerl. 9 Thaddeus Pajakowski 42 Alexander Ashby 78 Jacob Swan Joe Waltz, Asst. Coach Chelsea Nemeth, Cheerl. ID Cole Kruggel 43 Hansen White 79 Juan Leyva Nick Weldy, Asst. Coach Kayla Noble, Cheerleader II Michael Arsenault 44 Dustin White 80 Christopher Holmes Tyler Gillean, Student Coach Jillian Rucker, Cheerl. 12 Robert Hammer 49 Jorge Diaz 81 Benjamin Stone Steve Sniadecki, Student Mgr. Angelina Zulas, Cheerl. 13 Thomas Dagiackas 50 Federico Rodriquez 82 Christian Healy Gayle Thomas, Trainer Kelly Allison, Cheerl. 14 Michael Kendzicky 53 Mitchell Speer 84 Robert McClintock Brittany Wilson, St. Trainer Sara John, Cheerleader 15 Luke O'Connor 54 Brandon Knapp 85 Brendan Becht Alex Brooks, St. Trainer Torey Magee, Cheerl. 17 Cameron Heckaman 5G Jonathon Concannon 8G Rickardo Taylor Ann Schafer, St. Trainer Sandra Mahlie, Cheerl. 18 Edward Murphy 57 John Aversa 87 Benjamin McMillan AI Maenhout, Statistician Jacqueline Moffit, Cheerl. 19 James Kasznia 58 Knute Knapp 88 George Foster Susan Richter, Principal Ashleigh South, Cheerl. 20 Adam Arsenault G3 Matthew Petsche Kevin Downey, Head Coach Eric Gohlke, Athletic Dir. Ashley Spalding, Cheerl. 21 Michael Krzyzewski G5 Brenton Mayfield Jeff Doetticher, Asst. Coach Kristi Deechy, Asst. Ath. Dir. Rachel Staley, Cheerl. 22 Jay Dobson G5 Robert Peacock Reggie Brooks, Asst. Coach Jennifer Hill, Cheerleading Coach Taylor Vite, Cheerleader 23 Kenneth Dutler GG Garrett Mulligan Paul Carrier, Asst. Coach Ashley Pope, Fr. Cheerleading Coach Father Walter Dly 24 Jordan Taylor G7 Kyle Pope Chris Carver, Asst. Coach Courtney Dahms, Cheerleader 25 Joseph Vasquez G9 Tyler Wolgamott 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 2007 St. Joseph's High School Boys Football Team for being named the 2007 Indiana Semi-State 6 REGULAR MEETING DECEMBER 10, 2007 Champions, the 2007 Regional Champions and the 2007 Sectional Champions who had an overall record of 12-3-0 and a League Record of 6-2-0, with at least six (6) of these victories having the St. Joe Indians rack up forty (40) or more points against their opponents. Section II. The South Bend Common Council believes that the hard-work, discipline, dedication, education endeavors and athletic abilities of the 2007 St. Joseph's High School Boys Football Team under Head Coach Kevin Downey sets an exemplary standard for the youth of our area and the State of Indiana. Section III . The South Bend Common Council wishes all of the football players, their parents, friends, teachers, staff, and coaches associated with the 2007 St. Joseph's High School Boys Football Team continued success in the years ahead both on the football field and in the classroom as it works to obtain their school's mission of "respecting the dignity of all individuals and fostering leadership, service, and life-long learning". Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, 1st District s/Roland "Randy" Kelly, 3rd District s/Ann Puzzello, 4th District s/Dr. David Varner, 5th District s/Ervin Kuspa, 6th District s/Al "Buddy" Kirsits, At Large s/Timothy A. Rouse, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand, Council Attorney Attest: s/John Voorde, City Clerk Adopted this 14th day of December, 2007 s/Stephen J. Luecke, Mayor of South Bend Councilmember's Derek Dieter, 4903 Starboard Drive, and Al "Buddy" Kirsits, 722 Marquette Avenue, South Bend, Indiana, made the presentation for this Resolution by first offering their comments and then reading the Resolution in its entirety and presenting it to the members of the 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. Kevin Downy, Head Coach, St. Joseph High School, South Bend, Indiana, thanked the Council for this honor. He stated that he is proud to be from South Bend and is confident that this team will be back in Indianapolis next year. Councilmember Kirsits made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. SETTING OF THE MAYOR'S 2008 ANNUAL ADDRESS TO THE COUNCIL Council President Rouse announced that the setting of the Mayor's 2008 Annual Address to the Common Council pursuant to South Bend Municipal Code Section 2-3.1 is normally set for the second Monday in February. Councilmember Rouse stated that the Mayor sent an e-mail proposing that the address be held on February 4, 2008 at 6:00 p.m. at the Century Center. Councilmember Dieter made a motion to accept the date of February 4, 2008 at 6:00 p.m. at the Century Center. Councilmember White seconded the motion, which carried by a voice vote of nine (9) ayes. 7 REGULAR MEETING DECEMBER 10, 2007 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:45 p.m. Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-ll of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 70-07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 623 S. ST. JOSEPH STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA Mr. Mark Lyons, Staff Member, Area Plan Commission, 11th Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Lyons advised that the petitioners are requesting a zone change from SF2 Single Family and Two Family District to O Office District to allow for the Bureau of Motor Vehicles Branch Office. He stated that the site is approximately 1.17 acres. The petitioner is proposing a 7,000 square foot office building. The proposed building is 27 feet in height. The building will cover approximately 14% of the site. Parking and drives will cover an additional 52% of site. The remaining 34% will consist of open space and landscaping. There are 73 proposed parking spaces for the development. The site has one access point on St. Joseph Street. He noted that the Commission held a public hearing on Tuesday, November 20, 2007 and sends this bill to the Council with a favorable recommendation. Mr. Lyons further noted that the office zoning and its associated use would help buffer the residential area to the east from the mixed use area to the west. The required landscaping and residential bufferyard should provide an acceptable buffer between the proposed development and the adjacent residential area. Mr. Troy Teew, 8055 Windham Lake Drive, Indianapolis, Indiana, made the presentation for this bill. Mr. Terew advised that he is requesting a zone change from SF2 Single Family and Two Family District to O Office District to allow for the Bureau of Motor Vehicles Branch Office. Mr. Terew reiterated that the site has one access point on St. Joseph Street to minimize traffic and that there will be landscaping to buffer the adjacent residential area. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 71-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE IV, SECTION 4-30, TITLED HOTELS AND MOTELS, OF THE SOUTH BEND MUNICIPAL CODE REGULAR MEETING DECEMBER 10, 2007 Councilmember Dieter made a motion to continue this bill until the January 14, 2008 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. BILL NO. 78-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2007 Councilmember Pfeifer, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. John Murphy, Assistant/Acting City Controller, 12th Floor County-City Building, 227 W. Jefferson Blvd. South Bend, Indiana, made the presentation for this bill. Mr. Murphy advised that this substitute bill would allow for the transfer of necessary dollars to cover any shortfalls in major categories within the various City funds. He noted that unforeseen conditions have developed since the adoption of the existing budgets which necessitates the transfer of monies to certain accounts of various departments from adequate surpluses which are available and not presently needed within other accounts within the same departments. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Pfeifer made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 79-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2007 Councilmember Pfeifer, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. John Murphy, Assistant/Acting City Controller, 12th Floor County-City Building, 227 W. Jefferson Blvd. South Bend, Indiana, made the presentation for this bill. Mr. Murphy advised that this substitute bill would allow for the transfer of necessary dollars to cover any shortfalls in major categories within the various City funds. The substitute bill is necessary because additional budget transfer have been received from the Engineering Department, Century Center, and the Fire Department. The major categories include personnel, supplies, services, and capital. Depending on the fund, additional appropriations have been covered from either an excess balance in account or by cash 9 REGULAR MEETING DECEMBER 10, 2007 balances. The transfers are covered by moving dollars from one category to another within the departmental budget. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 81-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A LEASE FOR CERTAIN PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION Councilmember Dieter, Chairperson, Community & Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon to hear the pros and cons and sends it to the full Council with a favorable recommendation. Councilmember Rouse disclosed that he is a member of the Northwest Neighborhood Revitalization Organization and after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflict exists. Mayor Stephen Luecke, 14th Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Mayor Luecke advised that this bill would allow for the approval of the lease for the Eddy Street Commons and Triangle Projects in the Northeast neighborhood. Financing for these projects is being done as a Lease Revenue Bond to be issued by the Redevelopment Authority. Assets constructed with the bond proceeds, including a parking garage, various street improvements, site improvements and utility work, will be leased to the Redevelopment Commission. The lease includes provisions for lease payments of $3,717,000 per year. The Eddy Street Commons and Triangle Projects will generate $185,000,000 of private investment for a mixed use project containing retail, office and residential development along with two hotels. Mr. Don Inks, Director, Economic Development, 12th Floor County-City Building, South Bend, Indiana, advised that there will be approximately 90,000 square feet of retail space and an anticipated 20 stores and restaurants will be located on the ground floor along Eddy Street. Mr. Inks noted that there will be a mix of tenants with sit down restaurants, clothing, services, quick casual restaurants etc. He advised that there will be approximately 75,000 square feet of office space located on floors 2, 3, and 4 of building at the Southwest corner of Angela & Eddy. 268 apartments located on floors 2, 3, and 4 and will offer fitness, theater room, and community room. There will be a 255 room full service hotel with an 8,000 square foot ballroom plus an additiona14,000 square foot of meeting room space. Condominiums will be located on the upper three floors. There will be a 139 room limited service hotel. Mr. Inks noted that there will be five different residential offerings within Eddy Street Commons, plus the redevelopment of the Triangle to the south. Target buyers for Eddy Street Commons are a mix of young professionals, alumni, and empty nesters. The project will have a strict Home Owners Association guidelines and professional outside management to ensure a quality for years to come. The South Bend Heritage Foundation is in the process of acquiring the lots that make up the Triangle. Kite Development has been selected to act as the master developer of the project. Kite will oversee installation of streets and infrastructure and then deliver pad ready sites to local South Bend builders. 61 new single family homes are planned. 10 REGULAR MEETING DECEMBER 10, 2007 Of those, 30% will be affordable. Affordable homes are expected to range between 900 and 1,300 square feet and be priced between $100,000 and $150,000. Market homes are expected to range between 1,500 and 2,300 square feet and be priced between $170,000 and $250,000. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Varner questioned what kind of fall back plan is in place if the TIF revenues are not available. He stated that he does not want the City in the position of having to use general obligation money. Mr. Inks advised that the bond has been structured so it contains capitalized interest, recognizes the fact that development even while it is being built, almost as soon as the bond is issued, that it will take almost eighteen months to get those first phases completed and then assessed and then on the tax rolls. The first two years of payments are already built into the bond itself. And subsequent to that, through the development agreement there will be some clauses in there that tie the developer to the development by the dates that the construction is supposed to be completed to help insure that revenue stream is available when it is needed to pay the bonds. Councilmember Dieter asked if there have been builders selected in the construction of the sixty-one (61) homes. David Compton, Kite Realty Group, advised that they have been working with the South Bend Heritage Foundation and selected through the RFP process and as a part of that process have committed to work with local builders. He stated that he is State President of the Indiana Builders Association. He noted that Mr. Andy Place is on his Executive Committee, and stated that he along with many other builders have contacted his office and are interested in this development. He stated that they are compiling a list and once they are through the TIF process and the DLGF, and have a firm construction time table, they will set up the builder program. Councilmember Rouse asked what kind of reassurances are going to be put in place in the agreement. Council Attorney Kathleen Cekanski-Farrand stated that questions that have been asked in both Committee Meetings that have been held on this bill were answered by Mr. Gilot, Director, Public Works. Mr. Gilot advised that there would be a document in place. She stated that tonight the Council is approving the lease between the Redevelopment Authority and the Redevelopment Commission. She stated that as a part of the committee hearing this afternoon, Mr. Rich Hill, Attorney at Law, Baker & Daniels stated that he is going to make comments tonight dealing specifically with regard to the total assessment, which again goes towards the financing mechanism. She reiterated that as far as what the Council is doing tonight is being followed to the letter of the law. Richard Hill, Attorney at Law, Baker & Daniels, 205 W. Jefferson Blvd., South Bend, Indiana, stated that the financing structure does make certain assumptions about the assessed values and certain representations about those assessed values as being acceptable to Kite as the developer and acceptable to the City from the stand point of the funds that would be necessary to handle the financing. Within those numbers there are really only three things that are handled. One is as suggested this afternoon in Committee is the debt service on the bonds. The second thing is excess coverage. There is an excess amount over and above the coverage that would be needed for principal interest. The third element that is built in is the repayment schedule back to the City. So from the standpoint of a developers acceptance a certain level of assessed value, it is assumed that within that level of assessed value that would be accepted by the developer, those three things are handled. The City's repayment schedule with the interest would be handled within that and that only after those things are met would there be any ability to perhaps challenge an assessment over that level. Mr. Hill added to keep in mind that with an agreement to repay, the mechanics and the collection of the tax increment, would 11 REGULAR MEETING DECEMBER 10, 2007 essentially allow the funds to flow to the Redevelopment Commission, so that to the degree that the City itself advances funds, essentially all they would really need to have is that agreement between the Redevelopment Commission and the City through the Board of Works identifying and creating a record that there is an expectation of those funds coming back to the City through the Redevelopment Commission Fund. Mr. Don Inks stated that the 4.1 million dollars of revenue takes care of the debt service on the bonds and the payments on the City loans to the project and after those two are taken care of there is an annual $477,000.00 extra. In terms of the infrastructure for this project everything in Phase I and the Triangle area will essentially be new infrastructure that should be lasting the 25 year time period. Mayor Luecke stated that TIF revenue from the Triangle is not included in that 4.1 million either, so there will be additional dollars generated there and as development is looked at further south which is anticipated as this is built out, there will then be additional TIF as well, so if there is additional investment that needs to be made at that point, there will be additional TIF revenue to support that. Councilmember Kirsits asked if Mr. Compton if Kite Realty has taken a lot of heat by agreeing to put in the fire sprinklers? Mr. Compton stated that he has gotten a few e-mails. Councilmember Kirsits thanked Kite for agreeing to put in the fire sprinklers. He noted that they do save lives and with a project of this magnitude, it really is a good thing. The following individuals spoke in favor of this bill: Mr. Jim Lyphout, Vice President, Business Operations, University of Notre Dame,415 Main Building, Notre Dame, Indiana, stated that he is here tonight to offer support from the University for the TIF financing program proposed for the Northeast Neighborhood. He noted that is has been almost thirty (30) years since the Northeast Neighborhood Council began to restore the vibrancy that this area once possessed. This request for TIF financing to allow the development of the Eddy Street Commons and Redevelopment of the Triangle Residential Area is a culmination of the Northeast Neighborhood Council's efforts and those of it many allies. Notre Dame has not always been as engaged in the affairs of the City of South Bend as it is now, and in this particular effort. He noted that as both have grown it has been noted that they have become intertwined. Father Monk Malloy has encouraged through faith that Notre Dame become a good neighbor and partner. This is currently enforced and continues under the guidance of Father John Jenkins, the current President. He stated that if South Bend does not thrive, then Notre Dame cannot achieve it's aspirations. With this in mind, it is that Notre Dame has joined South Bend and other institutions to create the Northeast Neighborhood Revitalization Organization. The University has contributed over 1 million to its operation to date, since 2000, the NNRO has worked hand in hand with the Northeast Neighborhood Council, on a plan to revitalize this area. The TIF proposal before the Council tonight is essential to bring forth these effort to fruition. TIF will finance two elements vital to success of the neighborhood, infrastructure for the parking garage and streets and the infrastructure for the renovation of the triangle. The infrastructure for the triangle will replace a blighted area with new single family housing of which thirty (30%) percent which will be reserved for low to moderate income families and sold under affordable housing programs. Notre supports these efforts because of the vital role that the Northeast Neighborhood plays in the life of the University. They want to see this area redeveloped and revitalized. They want to see a vibrant commercial and residential life for this area. They need this project to succeed because it is crucial to the University and Community. TIF will pay for future infrastructure installed today with future tax increments that would not exist without this project. They feel that this is an appropriate contribution from the City which will enhance the contributions already made by the University. Contributions to the City include voluntarily annexing into the City and putting on the tax rolls land that had been previously part of the campus. This was in anticipation of the Eddy Street Commons. They have straightened Angela & Edison at a 12 REGULAR MEETING DECEMBER 10, 2007 cost of 4 millions dollars. The University is now working on a town commons a walking entry way just south of the DeBartolo Performing Arts Center across Edison Rd. directly across from the Eddy Street Commons. This will cost the University approximately 3 million dollars. In addition to the University contributions, Kite Realty Group will be investing $170 million dollars in the neighborhood as well. Like a three legged stool, each of these three institutions, the City of South Bend, the University and the developer are making vital contributions in the revitalization of the neighborhood. The Eddy Street Commons and the revitalization of the Triangle Area will be the start on a new lease on life for the neighborhood which is sorely needs. The University of Notre Dame seeks the Council support in this endeavor by giving the TIF financing program full support. Ms. Marguerite Taylor, 714 E. Corby, South Bend, Indiana, brought greetings from the Northeast Neighborhood Council, the oldest neighborhood council in the City of South Bend. Ms. Taylor stated that this project is vital to the neighborhood. She urged the Council's favorable consideration. Mr. Donald Sniegowski, 917 N. St. Peter, South Bend, Indiana, urged the Council to approve this bill. Ms. Molly Wheelen, 925 N. Notre Dame Avenue, South Bend, Indiana, stated that she is here tonight on behalf of Jack Roberts, President of the NNRO and as a resident member of the Northeast Neighborhood Revitalization Organization Board. She stated that she would like to communicate again the NNRO's support of this project. She stated as a resident that she would like to express her continued gratitude for all the consideration and time that has gone into this project and to make it work. The neighborhood is excited to see it going forward and thanked the Council, the City and the developer Kite Realty. A lot of hours have been spent on this project especially on the Triangle Project. She reiterated that this project is vital on getting the TIF dollars to make the Eddy Street Commons Project a reality. There was no one else present wishing to speak in favor of this bill. The following individual spoke in opposition to this bill: Mr. John Voll, 1410 Wayne Street, South Bend, Indiana, stated that he is not necessarily against the project but he has a concern with the sub prime market conditions and the commercial space that is available in South Bend. He questioned if there were any commitments in place for the retail space. He also questioned whether any of the condominiums have been pre-sold and if they can meet the current market conditions. There was no one else present wishing to speak in opposition to this bill. In Rebuttal, Ms. Ashley Ottesen, Kite Realty, stated that at this time they cannot respond to specific names of retail tenants coming to the center. She stated that they have been working in house and have had significant interest from retailers throughout the country that are interested in the project. Ms. Ottesen stated that they felt quite confident that when the center is built they will have several interested retail tenants. Mr. David Compton, Kite Realty, stated that they have had substantial interest in the condominiums and currently have a waiting list of approximately 300+ people. He stated that the next step is to roll out a campaign locally. He stated that he has met personally with some local realtors the past two weeks and there were over 50 realtors in the room interested in the development. Mr. Compton stated that he has been working with Mr. Greg Hakanen from the University of Notre Dame on a campaign to start reaching out to Memorial Hospital and other South Bend residents. He stated that they have just been waiting on that particular part of the campaign until the TIF financing is finalized to take the this next step. He stated that Spring 2008 there would be a formal rollout, but so far they have been very pleased with the interest list that has come forth on the residential. He noted that not everyone was buying but it is always good to have a strong interest list 13 REGULAR MEETING DECEMBER 10, 2007 in a development like this. This project has generated a lot of excitement both locally and nationally. Councilmember Pfeifer wanted to hear again that Kite is committed to working with minority business. Mr. Compton stated that prior to hearing on July 16, 2007, he along with Councilmember Rouse and Mr. Hardie Blake help put a meeting together and got a list of businesses. He stated that they have not contacted any business because they are not at that stage of the development. Mr. Compton stated that they need to have the TIF financing in place first and then proceed to the next step. He reiterated that they are committed to working with minority businesses. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 84-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND NO. 651 CITY OF SOUTH BEND SEWAGE WORKS REVENUE BONDS OF 2007B Councilmember Pfeifer, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. John Murphy, Assistant/Acting City Controller, 12th Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Murphy advised that this bill would create a new fund for the receipt and expenditure of bond proceeds in connection with the Sewage Works Revenue Bonds of 2007B. The amount of the borrowing is $16,515,000 and the anticipated closing date is December 20, 2007. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Dieter made a motion to rise and report to the full Council. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: John Voorde, City Clerk ATTEST: Karen L. White, Chairperson Committee of the Whole 14 REGULAR MEETING DECEMBER 10, 2007 REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 8:40 p.m. Council President Tim Rouse presided with nine (9) members present. BILLS -THIRD READING ORDINANCE NO. 9811-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 623 S. ST. JOSEPH STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Pfeifer 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. 9812-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2007 This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Addtionally, Councilmember Puzzello made a motion to pass this bill as amended in the Committee of the Whole. Councilmember White seconded the motion which carried by a roll call vote of nine (9) ayes. ORDINANCE NO. 9813-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2007 This bill had third reading. Councilmember Pfeifer made a motion to amend this bill as in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as amended in the Committee of the Whole. Councilmember White seconded the motion which carried by a roll call vote of nine (9) ayes. ORDINANCE NO. 9814-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A LEASE FOR CERTAIN PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION 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. 15 REGULAR MEETING DECEMBER 10, 2007 ORDINANCE NO. 9815-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND NO. 651 CITY OF SOUTH BEND SEWAGE WORKS REVENUE BONDS OF 2007B This bill had third reading. Councilmember Pfeifer 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. 3818-07 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 1126 VICTORY DRIVE WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to LC. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1126 Victory Drive in order to permit an assisted living home in a "SF1" District. 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: The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 16 REGULAR MEETING DECEMBER 10, 2007 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk, and further conditioned upon: 1. That there will be a hard wired smoke alarm system with a battery back-up installed at the locations, and 2. That all persons receiving care at this location be 55 years of age or older with no more than three (3) persons being cared for at any one time. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. s/Timothy A. Rouse Member of the Common Council Council Attorney Kathleen Cekanski-Farrand read into the record the amendments as follows: In Section IV strike the period and add a common and further conditioned upon: 1. That there will be a hard-wired smoke alarm system with a battery back-up installed at the location; and 2. That all persons receiving care at this location will be 55 years of age or older with no more than three (3) persons being cared for at any one-time. Councilmember White made a motion to amend this resolution. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Chuck Bulot, Interim Building Commissioner, 125 S. Lafayette Boulevard, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Bulot advised that the petitioner is seeking a Special Exception to allow an Assisted Living Home in a "SF 1" District, on property located at 1126 Victory Avenue. Mr. Bulot stated that the Board of Zoning Appeals gave this bill a public hearing on October 18, 2007 and sends it to the Common Council with a favorable recommendation. Mr. Stephen Kiai, owner, 5240 Miami, South Bend, Indiana, made the presentation for this bill. Mr. Kiai advised that he along with Ms. Pauline Kieme are seeking a special exception to allow an assisted living home in a "SF 1" District. Mr. Kiai reiterated that there will only be two (2) or three (3) people being cared for at any one-time. He noted that it is not medical based or like a nursing home, it is just going to be a way for a family member who is not able to be left home by themselves to be cared for. Mr. Kiai noted that he does not see any additional traffic or any kind of a structure change doesn't expect any kind of a problem. 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 17 REGULAR MEETING DECEMBER 10, 2007 Resolution as amended. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3819-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1103 NORTH NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR THOMAS F. & ANITA J. VELDMAN 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 1103 North Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: Lot numbered Fifty-eight (58) as shown on the recorded Plat of Edward Sorin's Second Edition to the Town of Lowell, now within and a part of the City of South Bend, excepting therefrom a lot or parcel of land 117 andl/4 feet in length, East and West, taken off of and from the entire width of the West end thereof and this property has Tax Key Number 18-5104-3645, 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 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 18 REGULAR MEETING or DECEMBER 10, 2007 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; 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 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. Thomas Veldman, 15571 Spring Meadow Lane, Granger, Indiana, made the presentation for this bill. Mr. Veldman advised that he and his wife Anita plan to construct a new 3,800 square foot, 2 story home with attached garage. He noted that the home will have four bedrooms, four and one-half bathrooms, a living room, dining room, kitchen and study. A Public Hearing was held on the Resolution at this time. 19 REGULAR MEETING DECEMBER 10, 2007 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 Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 07-80 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 202 SOUTH MICHIGAN STREET FLOORS 1,2,4,5,9 AND 11 TO 14 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR KEY SB, LLC, THE H1NIVIAN COMPANY BILL NO. 07-122 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND IN THE AIRPORT DEVELOPMENT AREA AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN-YEAR REAL PROPERTY TAX ABATEMENT FOR OLIVE CLEVELAND PARTNERS LLC Councilmember Dieter made a motion to continue this bill until the January 14, 2008 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3820-07 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 3927 RIVERSIDE DRIVE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR EDWARD A MYERS WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3927 Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Lot numbered Two Hundred Eighty-three Riverside Manor and this property has Tax Key Number 25-1011-0455, 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, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the 20 REGULAR MEETING DECEMBER 10, 2007 Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., 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. 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. 21 REGULAR MEETING DECEMBER 10, 2007 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 Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Michael Urbanski, 14299 Day Road, Mishawaka, Indiana, made the presentation on behalf of the owner Mr. Edward A. Myers, Jr. Mr. Urbanski stated that the owner intends to construct a new 1,768 square foot home with three bedrooms and a total of five rooms. The home will have a full eight foot insulated basement and attached two stall garage. 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. BILLS -FIRST READING BILL NO. 85-07 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 701 S. GRANT STREET, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA 22 REGULAR MEETING DECEMBER 10, 2007 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 86-07 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF MEADE STREET FROM KENWOOD AVENUE SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 14 FEET. BEING A PART OF KALEY'S 1sT SUBDIVISION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on January 14, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 87-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND NO 43 5 TIF DISTRICT -DOUGLAS ROAD ECONOMIC DEVELOPMENT ALLOCATION AREA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on January 14, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 88-07 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2122 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 89-07 FIRST READING ON A BILL AMENDING ORDINANCE NO. 9791-07 FIXING AND INCREASING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2008 AND APPROVING TEAMSTER EMPLOYEE WAGE FOR 2009-2010 This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on January 28, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 23 REGULAR MEETING UNFINISHED BUSINESS DECEMBER 10, 2007 ORDINANCE NO. 9807-07 - MARQUETTE SCHOOL HISTORIC LANDMARK - MAYOR' S VETO LETTER OF 12/5/07 Council Attorney Kathleen Cekanski-Farrand advised that on November 26, 2007, the Council passed Bill No. 61-07 which was a substitute bill that requested Historic Landmark. Mayor Luecke then sent a veto letter and filed with the Office of the City Clerk on December 5, 2007. Typically the Mayor would have the authority under a general ordinance under the applicable statute of the Indiana Code to take action within 10 days or by not taking any action by sending a letter which he did with his reasons he could also exercise a pocket veto. However, the Indiana law there is also another provision LC. Section 36-7-4-609 which specifically applies to local planning and zoning matters. Since the City of South Bend operates as a part of the Area Plan Commission, each City under this State Law shall determine whether it's zoning ordinances will be subject to a veto by the City Executive. The City Council must by general ordinance provide what authority the Mayor would have. In a memorandum that each Councilmember should have she stated that she compared the language which was in the former City Code Zoning with what is currently in the City Code, prior to 2004, the South Bend Municipal Code read under Section 21-129 Veto Power. "The City Executive shall have the right to veto any zoning ordinance" That ordinance in its entirety was then amended over a series of several months with input from all city departments before it was amended and passed by the City Council. The current language of the South Bend Municipal Code provides as follows: The City Executive shall have the right of veto any proposal to amend or partially repeal the text of this or partially repeal the text of this chapter or any proposal for a zone map change. As noted in the memorandum, she stated that she had several discussions with the Executive Director, Mr. John Byorni, Area Plan Commission, to make sure that her interpretation of what a proposed Historic Landmark actually was. It is not a text amendment to Chapter 21 of the South Bend Municipal Code nor is it a zoning map change, which are the two areas in which this City Council has authorized Mayor Luecke to have veto power over. In light of the fact that it is not addressed by the City Code, it is her legal opinion that Mayor Luecke does not have the authority to veto the ordinance which was passed by this Council by a five (5) to three (3) vote at the last meeting. It therefore, becomes a procedural issue, the Council must make a decision by proper motion this evening to either accept basically the recommended advisory legal advise that has been given to the Council in writing with all the attachments, depending on what action is taken on that motion, then they maybe or may not be subsequent motions that would be proper this evening. Chuck Leone, City Attorney, 14th Floor County-City Building, South Bend, Indiana, stated that he has not seen the formal opinion that the Council Attorney has rendered. He stated that he cannot comment on it specifically. However, he stated that he is aware of the various issues and the various sections in which she refers. Mr. Leone stated that he disagrees with her opinion and respectfully do so. The question is whether or not this particular ordinance is a zoning ordinance. If it is a zoning ordinance that how in fact does it flow the procedural process that is before the Council. The sections that have been referenced which are Sections 606, 607 and 608 of Title 36 Article 7 Chapter 4 of the Indiana Code relate to zoning decisions that typically come before this Council all of which are then referred to the Area Plan Commission and then come back to the Common Council for action. This particular ordinance from it's inception is not treated in that fashion and therefore the Council has not taken by it's initial action by not referring it to Area Plan has not taken it as a zoning ordinance. Therefore, it is an ordinance just like any other ordinance that flows through the system and in fact it is subject to veto just as any other ordinance would be. If in fact this was a zoning ordinance, there would be a second body that would have reviewed it and that would have been the Area Plan Commission, in this situation that did not happen. Therefore, it is his opinion that in fact that this is an ordinance to which the veto does apply and in fact the Mayor's veto is valid. 24 REGULAR MEETING DECEMBER 10, 2007 Council Attorney Kathleen Cekanski-Farrand stated that she respectfully disagrees with Mr. Leone. The other section of State Law which is referenced in her memorandum but did not reference verbally is again the section that deals specifically with Historic Preservation statutorily authority and again the second body that was involved in this situation was the Historic Preservation Commission locally and she also pointed out on page four (4) of her memorandum, there is also a specific provision with respect to St. Joseph County with regard to buildings and structures that maybe classified by a commission as historic. Again the language in this particular section states specifically those that are approved by the legislative body of the unit that has established the Historic Preservation Commission and the Commission may itself remove the historic classification. There is absolutely no reference to the City Executive or the Mayor Office. So again, when you read Title 36 in its entirety, again specifically the chapter that applies to Historic Preservation, the Council has to be cognoscente of that language. Ms. Cekanski-Farrand reiterated that she disagrees with Mr. Leone. Mayor Stephen Luecke, 14th Floor County-City Building, South Bend, Indiana, stated that he is not a lawyer or pretending to be one and with not having seen the opinion of the Council Attorney, he stated that he obviously issued the veto believing that he had the authority to do that, and in fact the language at the bottom of the ordinance reads that this ordinance shall become effect after passage by the Council and approval by the Mayor. He stated that this reinforces the idea that if in fact the Mayor does have authority within this ordinance as presented to the Council and passed by the Mayor. Council Attorney Kathleen Cekanski-Farrand stated that the bill originated from the Historic Preservation Commission. She stated that she does not know the author of it specifically. Again in the memorandum that Councilmember Kirsits requested back in October, it set forth the procedures so that the entire Council had the guidelines as far as what is historic and the criteria that the Council was to be looking at. She did a summary of the last six historic preservation some prior and some after and for whatever reasons the drafters of it never changed the last section. Again, she reiterated that she cannot speak for the drafters of that document. Ms. Catherine Hostetler, Director, Historic Preservation Commission, 125 S. Lafayette Blvd., South Bend, Indiana, stated that Historic Preservation is an overlay of the zoning laws for Ordinances in the City of South Bend. It doesn't change anything, it just puts and extra layer of protection on the property. When the Council made the changes to regulations and veto power because of the fact that the overlays don't substantially change what happens with the property, but how they use the property, what goes on the property was felt that this for some reason was not included in the Council's legislation for the Mayor to have veto power. Ms. Hostetler advised that non the landmarks have every originated in Area Plan, non of the landmarks have ever been challenged by the Mayor, they have always been signed off by the City Council if they were landmarks in the City of South Bend or the County Council if they were landmarks in the unincorporated county of South Bend, they never went back up to the Commissioners to be signed or vetoed and the ordinance have never gone to the Mayor's Office until this time. Ms. Hostetler stated that if the Council does not take the advice of their attorney, basically what is being done is allowing the executive branch to corrupt the Council's authority to act in these matters, pure and simple. Ms. Hostetler stated that the Historic Preservation Commission in not veto proof, the Council is the veto authority. Councilmember Dieter made a motion to accept the advisory opinion of the Council Attorney. Councilmember Kelly seconded the motion which carried by a roll call vote of six (6) ayes (Councilmember's Dieter, Pfeifer, Kelly, Varner, Kuspa, Rouse) and three (3) nays (Councilmember's Puzzello, White, Kirsits) NEW BUSINESS Councilmember White stated that she and Councilmember Kelly attended the Urban Enterprise Association meeting and received an up date of the Kroc Center and the Sample St. Business Complex. 25 REGULAR MEETING DECEMBER 10, 2007 Councilmember Puzzello advised that she attended a Botanical Society Meeting held at the Conservatory at Potawatomi Park. She noted that the Botanical Society has done a marvelous job at the greenhouse. Councilmember Rouse announced that the Organizational Meeting of the South Bend Common Council will be held on January 7, 2008 at 7:30 p.m. in the Council Chambers, 4th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. Councilmember Pfeifer stated that this is her last meeting as 2"d District Councilmember. She advised that it has been a pleasure and vowed to continue to improve the 2"d District and the West Side of South Bend, however, it will be from the other side of the podium. She wished everyone a Merry Christmas and a Happy New Year. PRIVILEGE OF THE FLOOR Catherine Pittman, 2628 Summit Ridge, South Bend, Indiana, stated that she is speaking on behalf of South Bend Equality, a citizens group that advocates equal protection for gay, lesbian, bisexual and transgender people, and wanted to recognize Councilmember Charlotte Pfeifer for her work in the community and her commitment to human rights. Ms. Pittman presented Councilmember Pfeifer with a plaque and stated that "this is because Charlotte listens and cares deeply about all people." Ms. Pittman thanked Charlotte for all that she has done and noted that everyone who lives, works, and plays in the City of South Bend from the east side to the west side is better off because of her. Stuart Clark, 1860 St. Michaels Court, South Bend, Indiana, stated that he wrote two e- mails today, one to Dr. Varner and other to Mr. Dieter, he suggested that they go to a specific website that has the name of his church on it, but he put down the wrong .com, it should be .org not .com, which was a surprise to him. He noted that he was surprise to see on line a list for gays and lesbians on how to get together with a new partner. Mr. Clark advised that last week there was a report on the evening news about the increase of socially transmitted diseases between gays and lesbians. He stated that in the e-mail he sent he used the word treachery, this is like when you see something on the surface like snow going across the road but underneath it might be ice or take a bite of a cherry pie not knowing if there is a pit in there. The GLBT issue is just like that. Mr. Clark further noted that as long as the gays and lesbians are here, he hoped to be here too. Gary King, 730 N. Hill Street, South Bend, Indiana, stated that he was frustrated on the Council decision on whether or not the Mayor had veto power on the decision on Marquette. He stated that he was a former debate teacher and taught a class on parliamentary procedure and unfortunately he does not have his Robert's Rule of Order with him tonight, but would like to say that the Council finally got around to doing what is probably the right thing to do, although there was so much discussion, it became very clear who was for and who was against the veto, it would have been good of the Council to just accept or reject the Council Attorney's advice and then the Council could decide whether or not a vote should take place. He noted that the Council should consider having a parliamentarian instead of a Council Attorney. Mr. King noted that he would love to have that job. Earl Gradrich, 65290 U. S. 331, Bremen, Indiana, thanked the Council for all the work they have done throughout the year and for the education that he is getting by coming to the Council Meetings. He stated that this is democracy at its finest and that he appreciates all the tough decisions that the Council has to make. The issues of GLBT's, and Marquette School were tough decisions that had to be made and supports the Council in their decisions whether he agrees or disagrees. Councilmember White thanked the SBCSC Superintendent Dr. Zimmerman for working collectively to try to achieve a common ground. Councilmember Rouse thanked Mayor Luecke and Superintendent Dr. Zimmerman for attending and staying for the entire Council Meeting. 26 REGULAR MEETING DECEMBER 10, 2007 ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 9:55 p.m. ATTEST: John Voorde, City Clerk ATTEST: Timothy A. Rouse, President 27