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HomeMy WebLinkAbout01-28-08 Common Council MinutesREGULAR MEETING JANUARY 28, 2008 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, January 28, 2008 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 Henry Davis, Jr. Thomas LaFountain Ann Puzzello David Varner Oliver Davis Al "Buddy" Kirsits Timothy Rouse Karen L. White OTHERS PRESENT: John Voorde 1st District, Chairperson Committee of the Whole 2nd District 3rd District 4th District 5th District 6th District Vice-President At-Large At-Large At-Large 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 January 14, 2008, meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember Puzzello made a motion that the minutes of the January 14, 2008 meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Council President Timothy Rouse advised that the Council has openings on the Historic Preservation Commission and the Urban Enterprise Association. Applications may be obtain on the City of South Bend's Website at www.southbendin.gov or at the Office of the City Clerk, 4th Floor County-City Building, 227 W. Jefferson Boulevard., South Bend, Indiana. Council President Timothy Rouse advised that the Special South Bend Common Council Meeting that was set for Monday, February 4, 2008 at 6:00 p.m., at the Century Center to hear the State of the City Address from the Mayor has been changed to Monday, March 3, 2008 at 6:00 p.m. at the College Football Hall of Fame. The Mayor has requested that the date be change to allow him more time to prepare. Councilmember Dieter made a motion to accept the change of the Special South Bend Common Council Meeting to Monday, March 3, 2008 at 6:00 p.m. at the College Football Hall of Fame. President REGULAR MEETING JANUARY 28, 2008 Councilmember Oliver Davis seconded the motion, which carried by a voice vote of nine (9) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember White made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dieter, Chairperson, Committee of the Whole, presiding. Councilmember Dieter 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 Dieter stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 82-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2-213(A) OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE TABLE OF CODE VIOLATIONS AND PENALTIES Councilmember Varner made a motion to continue this bill until the February 25, 2008 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 01-08 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF RIGHT-OF-WAY LOCATED ON THE NORTHWEST CORNER OF NAPOLEON STREET AND EDDY STREET, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BILL NO. 02-08 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF RIGHT-OF-WAY LOCATED ON THE SOUTHEAST CORNER OF EDDY STREET AND ANGELA BOULEVARD (AKA EDISON ROAD), BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BILL NO. 03-08 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY NORTH OF ST. VINCENT STREET FROM THE EAST RIGHT-OF-WAY LINE OF BURNS STREET, TO THE WEST RIGHT-OF-WAY LINE OF DUEY STREET FOR A DISTANCE OF 248 FEET, MORE OR LESS AND A WIDTH OF APPROXIlV1ATELY 12 FEET 2 REGULAR MEETING JANUARY 28, 2008 BILL NO. 04-08 PUBIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY NORTH OF ST. VINCENT STREET FROM THE EAST RIGHT- OF-WAY LINE OF GEORGIANA STREET, TO THE WEST RIGHT-OF-WAY LINE OF BURNS STREET FOR A DISTANCE OF 248 FEET MORE OR LESS AND A WIDTH OF APPROXIMATELY 12 FEET Councilmember Varner made a motion to combine Bill Nos. 1-08; 2-08; 3-08 and 4-08 for the purposes of Public Hearing. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held public hearings on Bill Nos. 1-08; 2-08; 3-08 and 4-08 this afternoon and it was the consensus of the committee to send these bills to the full Council with a favorable recommendation. Mr. Mike Danch, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill on behalf of the Petitioners, the University of Notre Dame Du La., Northeast Neighborhood Revitalization Organization, Inc., and the South Bend Heritage Foundation. Mr. Danch advised that the petitioners are requesting the approval of the vacation to allow for the construction of the Eddy Street Commons facility. The proposed project will use the proposed vacated right-of--ways. The City and the Petitioners believe that vacating the right-of--ways will not have a detrimental effect on the adjacent properties. 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 Rouse disclosed that he is a member of the Northeast Neighborhood Revitalization Organization, Inc. and that after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflict exists. 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 of Bill No. 01-08 to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White made a motion for favorable recommendation of Bill No. 02-08 to full Council concerning this bill. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner made a motion for favorable recommendation of Bill No. 03-08 to full Council concerning this bill. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis made a motion for favorable recommendation of Bill No. 04-08 to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 89-07 PUBLIC HEARING ON A BILL AMENDING ORDINANCE NO. 9791-07 FIXING AND INCREASING MAXIMUM WAGES OF TEAMSTERS EMPLOYEES FOR CALENDAR YEAR 2008 AND APPROVING TEAMSTER EMPLOYEE WAGE FOR 2009-2010 REGULAR MEETING JANUARY 28, 2008 Councilmember Thomas LaFountain, Chairperson, Personnel & Finance Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Mayor Stephen J. Luecke, 14th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Luecke asked the Council for their favorable consideration of this bill. He stated that when he presented the budget and salary ordinance to the Common Council last summer, they had not yet had final conclusion of negotiations with the Teamsters. Subsequent to that and in that budget bill they did set Teamster wages at 2% for 2008. Subsequent to that the Teamster's did ratify a three year agreement that would set wages for 2008 at 3% and then 2% in 2009 and additional 2% increase in 2010. He stated that this bill follows that agreement as reached with the Teamsters. He stated that the 3% wage increase for 2008 is proposed to be retroactive to January 1st. He further noted that because during the budget process generally they have tried to look at giving the non- bargaining employees a similar raise to the raises that are given to the bargaining units, the non-bargaining units were also set at 2% increase for 2008 with the proposed increase for Teamsters, there has also been filed an ordinance that is on for 1st reading tonight that would increase the salary for non-bargaining staff of the City of South Bend to 3% retroactive to January 1st as well. Mayor Luecke stated that as they look at the budget for 2008, he believes that these additional 1% increases in salary can be met within the existing budget, and are not asking for any increase in the budget. He believes that by managing the dollars well throughout the year and often in the Personnel line there are times when positions are vacant for a period of time that creates a cost savings from the budgeted figure so they believe that the additional 1% raise that is being requested for the Teamsters for 2008 can be managed within the existing budget. He again asked the Council for their favorable consideration. 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 Varner stated that for the sake of clarification, the reason that this is being done tonight is because the ratification vote for the approval came after the statutory deadline for approving the budget. He noted that negotiations had concluded prior to. Mayor Luecke stated that he supposes that it is a term of art of when negotiations are concluded and he generally expected that the real conclusion is when there is a vote. Mayor Luecke stated that the negotiation teams had finished meeting prior to the deadline, but a vote was not taken until after the deadline. Mr. James Szucs, Business Agent for Teamsters Local #364, 2405 E. Edison Road, South Bend, Indiana, stated that by virtue of it's ratification of the negotiated agreement between the parties on November 27, 2008 and November 28, 2008, urged the Council to approve the proposed resolution. Mr. Szucs thanked the Mayor and his staff for their professionalism throughout the process and thanked the Council and urged for their favorable consideration. Councilmember Ann Puzzello stated that she finds herself this evening in a very uncomfortable position. She stated that she is very much in favor of given raises for any City employees and believe that they deserve them. But there is a process when they work with the union groups in the City of South Bend. She noted that the City Administration is in charge of negotiating with the Teamsters, the Council sits in on those negotiations. She believes that negotiations are very, very important because at that time everyone listens to what the departments expectations are for the coming year, what they need, any changes that may need to be made and they try to give them every cent that they can and put the money where the department wants it. She stated that they are very careful during the negotiation process and she thinks that they are very important and she takes pride in them and has been a part of the negotiation process for a very long time. 4 REGULAR MEETING JANUARY 28, 2008 The Council is in charge of negotiating with the Public Safety entities of the City, such as the Police Department and Fire Department, if after negotiations have been completed, whether they have been ratified or not, but the negotiation has been completed with the team, if they can then go to the Mayor or to the Council and say that they really didn't get enough could you give more, and then it can all be changed, then the negotiation process is worth nothing. There is no validity to them at all. She firmly believes that the work between the two teams is very important and that the unions have trusted the negotiation team and worked in honesty with them. Councilmember Puzzello stated that it is for that reason, she cannot vote for a change in that system. She stated that she will not be voting in favor of this bill. There was no one else present wishing to speak in favor or in opposition to this bill, Councilmember White made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Puzzello.l BILL NO. OS-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $92,385.00 OF INDIANA FINANCE AUTHORITY GRANT FUNDS WITHIN FUND 210 FOR THE PURPOSE OF A PHASE II ENVIRONMENTAL ASSESSMENT OF PROPERTY LOCATED AT 731 WEST CHIPPEWA AVENUE IN SOUTH BEND, INDIANA 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. Ann Kolata, Senior Development Specialist, Community & Economic Development, 1200 County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Kolata advised that this bill would allow for the appropriation of $92,386.00, plus the interest earned thereon, which is a grant from the Indiana Finance Authority Site Assessment Grant Initiative. These funds will be used for a Phase II Site Assessment at the former Hannover property located at 731 West Chippewa Avenue. This property is located east of the Studebaker Commerce Center the former AM GeneraULTV facility, west of the railroad tracks and north of the South Well Field. The Phase II Site Assessment will be conducted by Quality Environmental Professional, Inc. (QEPI). The site assessment may lead to eventual remediation of the site and development in conjunction with adjacent properties. Councilmember Varner expressed his concern regarding the land trust ownership issue. He stated that his concern is that when a land trust is listed as the owner they only have to name an agent and not the actual owners of a parcel of property. He stated that when public dollars are at stake the City of South Bend should know who the principle agents are. He would like to see a policy put in place and go forward from here on out on full disclosure of ownership of property located in the City, when public dollars are being requested. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Rouse made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING JANUARY 28, 2008 BILL NO. 06-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,300,000 FROM THE MAJOR MOVES CONSTRUCTION FUND (FUND NUMBER 412) FOR CERTAIN INFRASTRUCTURE IMPROVEMENTS AT THE EDDY STREET COMMONS AND TRIANGLE DEVELOPMENT Councilmember Oliver Davis, Chairperson, Utilities Committee, and Councilmember David Varner, Chairperson, Public Works and Property Vacation Committee, reported that these committees met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. Mr. John Murphy, Acting City Controller, 12th Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Murphy advised that this bill would appropriate $5,300,000 from the Major Moves Construction Fund to pay for infrastructure costs relating to the Eddy Street common s and Triangle Development. He stated that beginning in 2011, the Major Moves Fund will be repaid principal and interest at 5% from the tax increment revenue over 15 years. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Rouse made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 07-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $100,000 WITHIN THE U.D.A. G. FUND (FUND 410) OF THE DEPARTMENT OF CONINIUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND WHEREAS, the Common Council of the City of South Bend, Indiana (the "Common Council") previously approved of the sale and issuance by the City of South Bend Building Corporation (the "Building Corporation") of its lease rental revenue bonds in one or more series in an aggregate principal amount not to exceed $10,000,000 to finance the costs of the construction and equipping of a new public works service center facility (the "Project"), pursuant to Ordinance No. 9203-01 adopted on March 12, 2001; and WHEREAS, the City of South Bend, Indiana (the "City") previously entered into a lease upon the Project between the City and the Building Corporation dated as of March 1, 2001, as amended by an addendum to lease dated as of Apri123, 2001 (the "Lease"); and WHEREAS, the Building Corporation issued and sold its County Option Income Tax Lease Rental Revenue Bonds of 2001 in the aggregate principal amount of Nine Million Two Hundred Fifty Thousand and 00/100 Dollars ($9,250,000.00) (the "Prior Bonds") to finance the costs of the Project; and 6 REGULAR MEETING JANUARY 28, 2008 WHEREAS, the Common Council desires to have the Building Corporation proceed to refund the Prior Bonds outstanding after February 1, 2008 in the aggregate principal amount of Seven Million One Hundred Forty-five Thousand and 00/100 Dollars ($7,145,000.00) to result in a savings, the proceeds of which will be used to (i) finance the refunding of the Prior Bonds, and (ii) to pay the costs of issuance of the refunding bonds which bonds would be issued in an aggregate principal amount not to exceed Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000.00) (the "Refunding Bonds"); and WHEREAS, the Common Council desires that the Lease be amended to reduce the semiannual lease rentals to correspond to the actual debt service as established pursuant to the terms of the sale of the Refunding Bonds; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Common Council hereby authorizes the Building Corporation to proceed with the refunding of its previously issued County Option Income Tax Lease Rental Revenue Bonds of 2001 outstanding after February 1, 2008 in the aggregate principal amount of Seven Million One Hundred Forty-five Thousand and 00/100 Dollars ($7,145,000.00) to achieve a savings for the City. The Common Council hereby approves of the sale of the Refunding Bonds in an aggregate principal amount not to exceed Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000.00). 2. The Mayor, the City Clerk and the Controller, and such other officers of the City as may be necessary and appropriate, are, and each of them is, hereby authorized to take any and all actions and to execute all such instruments as may be necessary or appropriate to accomplish the advance refunding of the outstanding Prior Bonds, in such forms as the officers executing the same shall deem proper, to be evidenced by the execution thereof, including, without limitation, (i) executing a second addendum to lease to provide for lower annual lease rental payments as a result of the refinancing of the outstanding Prior Bonds, and (ii) entering into a continuing disclosure undertaking agreement to provide continuing disclosure with respect to the Refunding Bonds as required under the federal securities laws. 3. This Resolution shall be in full force and effect from and after its passage 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. Ms. Beth Leonard, Director, Financial & Program Management, Department of Community & Economic Development, 12th Floor county-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill would allow for the appropriation of $100,000 of Urban Development Action Grant reimbursement funds for Predevelopment costs for pending development projects within the City. The predevelopment costs include items such as market studies, appraisals, preliminary site plans, surveys, title work, environmental studies, etc. which are necessary to determine the feasibility of a project and determine whether it can or should proceed. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 7 REGULAR MEETING JANUARY 28, 2008 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Puzzello made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: John Voorde, City Clerk ATTEST: Derek D. Dieter, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:35 p.m. Council President Tim Rouse presided with nine (9) members present. BILLS -THIRD READING ORDINANCE NO. 9818-08 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF RIGHT-OF-WAY LOCATED ON THE NORTHWEST CORNER OF NAPOLEON STREET AND EDDY STREET, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9819-08 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF RIGHT-OF-WAY LOCATED ON THE SOUTHEAST CORNER OF EDDY STREET AND ANGELA BOULEVARD (AKA EDISON ROAD), BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA REGULAR MEETING JANUARY 28, 2008 This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9820-08 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY NORTH OF ST. VINCENT STREET FROM THE EAST RIGHT-OF-WAY LINE OF BURNS STREET, TO THE WEST RIGHT-OF-WAY LINE OF DUEY STREET FOR A DISTANCE OF 248 FEET, MORE OR LESS AND A WIDTH OF APPROXIlV1ATELY 12 FEET This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9821-08 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY NORTH OF ST. VINCENT STREET FROM THE EAST RIGHT- OF-WAY LINE OF GEORGIANA STREET, TO THE WEST RIGHT-OF-WAY LINE OF BURNS STREET FOR A DISTANCE OF 248 FEET MORE OR LESS AND A WIDTH OF APPROXIlV1ATELY 12 FEET This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9822-08 AN ORDINANCE AMENDING ORDINANCE NO. 9791-07 FIXING AND INCREASING M~?~~IMUM WAGES OF TEAMSTERS EMPLOYEES FOR CALENDAR YEAR 2008 AND APPROVING TEAMSTER EMPLOYEE WAGE FOR 2009-2010 This bill had third reading. Councilmember Dieter 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 and one (1) nay (Councilmember Puzzello). ORDINANCE NO. 9823-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $92,385.00 OF INDIANA FINANCE AUTHORITY GRANT FUNDS WITHIN FUND 210 FOR THE PURPOSE OF A PHASE II ENVIRONMENTAL ASSESSMENT OF PROPERTY LOCATED AT 731 WEST CHIPPEWA AVENUE IN SOUTH BEND, INDIANA This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 9 REGULAR MEETING JANUARY 28, 2008 ORDINANCE NO. 9824-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,300,000 FROM THE MAJOR MOVES CONSTRUCTION FUND (FUND N UMBER 412) FOR CERTAIN INFRASTRUCTURE IMPROVEMENTS AT THE EDDY STREET COMMONS AND TRIANGLE DEVELOPMENT This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9825-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $100,000 WITHIN THE U.D.A. G. FUND (FUND 410) OF THE DEPARTMENT OF CONINIUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3827-08 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 1939 CHARLES STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to 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: 1939 Charles 10 REGULAR MEETING JANUARY 28, 2008 Street, South Bend, Indiana 46637 in order to permit Off-site parking in a "SF-1" 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; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. s/Timothy A. Rouse Member of the Common Council Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. Mr. Chuck Bulot, Interim Building Commissioner, 125 S. Lafayette Boulevard, Suite 100, 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 off site parking in a "SF 1" District, on property located at 1939 Charles Street. He further noted that the Board of Zoning Appeals held a public hearing on December 20, 2007 and send this bill to the Council with a favorable recommendation. Mr. Patrick Brown, President, SiteScapes, Inc., 1816 North Main Street, Mishawaka, Indiana, along with Mr. Bryan Wynen, Wissco Irrigation, Co., Inc., made the presentation for this bill on behalf of the petitioner, FTC Properties, LLC. Mr. Brown advised that the petitioner is seeking this Special Exception to allow the use of the petitioner's property to expand the employee parking area of the adjoining Wissco Irrigation Co., Inc. operation at 1820 South Bend Avenue. The properties adjoining to the east and west are jointly owned by common parties. It is the intent of the Petitioner to develop a paved, landscaped, fenced and screened parking area to allow for the hiring of additional employees and their parking. A Public Hearing was held on the Resolution at this time. 11 REGULAR MEETING JANUARY 28, 2008 There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember White made a motion to adopt this Resolution. Councilmember Kirsits seconded the motion which carried by a roll call vote of nine (9) ayes. 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 28, 2008 meeting of the Council. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3828-08 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6804 MACKEY COURT (OR 1511 STADIUM DRIVE), 6812, 6816, 6820, 6824, 6828, 6832, 6836, 6840, 6844 MACKEY COURT, 1523 MACKEY DRIVE (OR 6848 MACKEY COURT), 6847 STEWART DRIVE (OR 1517 MACKEY DRIVE), 6846 STEWART DRIVE OR (OR 1415 MACKEY DRIVE), 1416 MACKEY DRIVE, 1424 MACKEY DRIVE (OR 6904 STEWART DRIVE), AND 6811 MACKEY COURT (OR 1529 BRICK DRIVE) ALL IN LAFAYETTE FALLS, PHASE III, SECTION 3 AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP 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 6804 MACKEY COURT (OR 1511 STADIUM DRIVE), 6812, 6816, 6820, 6824, 6828, 6832, 6836, 6840, 6844 MACKEY COURT, 1523 MACKEY DRIVE (OR 6848 MACKEY COURT), 6847 STEWART DRIVE (OR 1517 MACKEY DRIVE), 6846 STEWART DRIVE (OR 1415 MACKEY DRIVE), 1416 MACKEY DRIVE, 1424 MACKEY DRIVE (OR 6904 STEWART DRIVE), AND 6811 MACKEY COURT (OR 1529 BRICK DRIVE) ALL IN LAFAYETTE FALLS, South Bend, Indiana, and which is more particularly described as follows: Legal Description: A Part Of The Northwest Quarter Of Section 2, Township 36 North, Range 2 East, Centre Township, City Of South Bend, St. Joseph County, Indiana, Being More Particularly Described As Follows: Commencing At The Northwest Corner Of Said Northwest Quarter, Said Corner Lying South 89 Degrees 04 Minutes 47 Seconds East, A Distance Of 281.17 Feet From The Southwest Corner Of The Southwest Quarter Of Section 35, Township 37 12 REGULAR MEETING JANUARY 28, 2008 North, Range 2 East, Said Southwest Corner Being Marked By A 5/8 Inch Diameter Rod, 0.1 Feet Below The Road Surface; Thence South 00 Degrees 16 Minutes 41 Seconds West, Along The West Line Of Said Northwest Quarter, A Distance Of 1981.16 Feet To The Southwest Corner Of Lot 283 In Lafayette Falls, Section Five & Lafayette Falls, Phase Iii, Lots 405 & 406 As Recorded Under Instrument Number 0704435 In The Office Of Recorder Of Said County And The Point Of Beginning; Thence The Next Four Courses Along The Boundary Of Said Lafayette Falls, Section Five & Lafayette Falls, Phase Iii, Lots 405 & 406 Exclusive Of Outlot `B": (1) North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 218.40 Feet To The Point Of Curvature Of ANon-Tangent Curve, Concave Southeast, Having A Radius Of 30.00 Feet, Being Subtended By A Chord Length Of 42.22 Feet, Bearing North 45 Degrees 16 Minutes 59 Seconds East; (2) Thence Northeasterly Along Said Curve, A Distance Of 46.83 Feet; (3) Thence North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 84.92 Feet; (4) Thence South 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 71.62 Feet To The Northwest Corner Of Lot 407 In Lafayette Falls, Phase Iii, Section One As Recorded Under Instrument Number 0728461 In The Office Of Said Recorder; Thence The Next Four Courses Along The Boundary Of Said Lafayette Falls, Phase Iii, Section One: (1) South 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 405.00 Feet; (2) Thence North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 128.71 Feet To The Point Of Curvature Of ANon-Tangent Curve, Concave To The North, Having A Radius Of 62.00 Feet, Being Subtended By A Chord Length Of 89.59 Feet, Bearing North 85 Degrees 50 Minutes 22 Seconds West; (3) Thence Easterly Along Said Curve A Distance Of 100.12 Feet; (4) Thence North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 133.31 Feet; Thence South 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 65.00 Feet; Thence North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 25.12 Feet; Thence South 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 187.02 Feet To The South Line Of Said Northwest Quarter; Thence North 89 Degrees 19 Minutes 47 Seconds West Along Said South Line, A Distance Of 225.02 Feet; Thence North 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 104.39 Feet To The Point Of Curvature Of A Tangent Curve, Concave To The Southwest, Having A Radius Of 30.00 Feet, Subtended By A Chord Length Of 42.43 Feet, Bearing North 45 Degrees 00 Minutes 00 Seconds West; Thence Northwesterly Along Said Curve, A Distance Of 47.12 Feet; Thence South 90 Degrees 00 Minutes 00 Seconds West, A Distance Of 161.42 Feet To The Point Of Curvature Of A Tangent Curve, Concave To The North, Having A Radius Of 125.00 Feet, Subtended By A Chord Length Of 30.75 Feet, Bearing North 82 Degrees 56 Minutes 08 Seconds West; Thence Westerly Along Said Curve, A Distance Of 30.82 Feet To The Point Of Curvature Of A Reverse Curve, Concave To The South, Having A Radius Of 30.00 Feet, Subtended By A Chord Of 27.12 Feet, Bearing South 77 Degrees 15 Minutes 25 Seconds West; Thence Westerly Along Said Curve, A Distance Of 28.14 Feet To The Point Of Curvature Of A Reverse Curve, Concave To The Northeast, Having A Radius Of 60.00 Feet, Subtended By A Chord Of 119.99 Feet, Bearing North 40 Degrees 22 Minutes 44 Seconds West; Thence Northwesterly Along Said Curve, A Distance Of 186.90 Feet To The Point Of Curvature Of A Reverse Curve, Concave To The West, Having A Radius Of 30.00 Feet, Subtended By A Chord Length Of 27.12 Feet, Bearing North 21 Degrees 59 Minutes 07 Seconds East; Thence Northerly Along Said Curve, A Distance Of 28.14 Feet To The Point Of Curvature Of A Reverse Curve, Concave To The East, Having A Radius Of 125.00 Feet, Subtended By A Chord Length Of 10.66 Feet, Bearing North 02 Degrees 26 Minutes 36 Seconds West; Thence Northerly Along Said Curve, A Distance Of 10.66 Feet; Thence North 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 273.42 Feet To The Point Of Curvature Of A Tangent Curve, Concave To The Southwest, Having A Radius Of 30.00 Feet, Subtended By A Chord Length Of 42.43 Feet, Bearing North 45 Degrees 00 Minutes 00 Seconds West; Thence Northwesterly Along Said Curve, A Distance Of 47.12 Feet; Thence South 90 Degrees 00 Minutes 00 Seconds West, A Distance Of 139.07 Feet To The West Line Of Said Northwest Quarter; Thence North 00 Degrees 16 Minutes 41 Seconds East Along Said West Line, A Distance Of 140.00 Feet To The Point Of Beginning; Said Described Tract Containing 4.502 Acres, More Or Less; 13 REGULAR MEETING JANUARY 28, 2008 Subject To Right-Of--Way, Easements, Covenants, and Restrictions of Record and this property which has Parent Parcel Tax Key Number 23-1002-0022.01, 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 remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. 14 REGULAR MEETING JANUARY 28, 2008 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. Derek Spier, Abonmarche Consultants, LLC, 750 Lincoln Way West, South Bend, Indiana, made the presentation for this bill on behalf of the owner Kendall-Weiss, LLP. Mr. Spier advised that Kendall-Weiss intends to construct sixteen (16), new, single- family homes on approximately 4.5 acres of land. The total estimated cost of the 16 homes is $2,816,800. The homes will have three to four bedrooms with 2 to 2.5 bathrooms and range in size from 1,200 to 2,500 square feet with attached garages. Each home will also have a basement with eight foot walls. Phase III, Section Three will include approximately 1,419 linear feet of public streets, private alleys for garage access and the associated pubic and private utilities. The average cost of the homes will be $176,050. 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 by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis). RESOLUTION NO. 3829-08 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 918 NORTH SAINT PETER STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR BRIAN & ALISON LEVEY 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 918 North Saint Peter Street, South Bend, Indiana, and which is more particularly described as follows: 15 REGULAR MEETING JANUARY 28, 2008 West one-half Lot 128 Sorins 2"d Addition and this property has Tax Key Number 18-5107-3781, 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: or 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; 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. 16 REGULAR MEETING JANUARY 28, 2008 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 Ms. Alison Levey, 604 E. Angela Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Levey advised that she and her husband intend to construct a new 2,200 square foot, 2 story home with a three car garage. The home will have three bedrooms, three bathrooms, an open front porch, stone patio and full finished basement. There is currently a structure on the property that will be demolished prior to construction beginning. The estimated cost of the home is $325,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember LaFountain seconded the motion which carried by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis). RESOLUTION NO. 3930-08 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3950 WILLIAM RICHARDSON COURT AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR RYAN FIREPROTECTION, 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 3950 William Richardson Court, South Bend, Indiana, and which is more particularly described as follows: 17 REGULAR MEETING JANUARY 28, 2008 Lot Numbered Two "A" (2A) as shown on the recorded Plat of Toll Road Industrial Park Phase Two, First Replat recorded January 22, 1999 as Document Number 9903191 and recorded January 12, 2000 as Document Number 0001929 all in the Office of the Recorded of St. Joseph County, Indiana, and which has Key Number 25-1013-0216, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of six (6) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council Ms. Jenny Massey, Senior Project Manager, Bingham Economic Development Advisors, 8900 Keystone Xing, Ste. 400, Indianapolis, Indiana, made the presentation on behalf of Ryan Fireprotection, Inc. Ms. Massey advised that Ryan Fireprotection, Inc. is a leader in the engineering, design and construction of fire protection systems. It is currently leasing a facility in South Bend where it employs seventeen (17) people. The lease on the existing building will expire in early 2008 and the company has decided to construct a new, larger facility to meet their increasing space requirements due to strong sales growth in this region. The facility will be used for some light fabrication of fire protection systems and storage of parts. It will also serve as a base for repair and installation employees to work from. It is anticipated that the facility will serve clients within a 100 mile radius of South Bend. The new building will contain 30,000 square feet and be expandable up to a total of 50,000 square feet. The estimated cost of the building is $1,103,650. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember White made a motion to adopt this Resolution. Councilmember Kirsits seconded the motion which carried by a roll call vote of nine (9) ayes. 18 REGULAR MEETING JANUARY 28, 2008 RESOLUTION NO. 3931-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REGARDING THE AMENDMENT OF THE LEASE WITH THE CITY OF SOUTH BEND BUILDING CORPORATION DATED AS OF MARCH 1, 2001, AS AMENDED BY AN ADDENDUM TO LEASE DATED AS OF APRIL 2, 2001 PREVIOUSLY ENTERED FOR THE CONSTRUCTION AND EQUIPPING OF A NEW PUBLIC WORKS SERVICE CENTER FACILITY AND REGARDING CERTAIN RELATED MATTERS WHEREAS, the Common Council of the City of South Bend, Indiana (the "Common Council") previously approved of the sale and issuance by the City of South Bend Building Corporation (the "Building Corporation") of its lease rental revenue bonds in one or more series in an aggregate principal amount not to exceed $10,000,000 to finance the costs of the construction and equipping of a new public works service center facility (the "Project"), pursuant to Ordinance No. 9203-01 adopted on March 12, 2001; and WHEREAS, the City of South Bend, Indiana (the "City") previously entered into a lease upon the Project between the City and the Building Corporation dated as of March 1, 2001, as amended by an addendum to lease dated as of Apri123, 2001 (the "Lease"); and WHEREAS, the Building Corporation issued and sold its County Option Income Tax Lease Rental Revenue Bonds of 2001 in the aggregate principal amount of Nine Million Two Hundred Fifty Thousand and 00/100 Dollars ($9,250,000.00) (the "Prior Bonds") to finance the costs of the Project; and WHEREAS, the Common Council desires to have the Building Corporation proceed to refund the Prior Bonds outstanding after February 1, 2008 in the aggregate principal amount of Seven Million One Hundred Forty-five Thousand and 00/100 Dollars ($7,145,000.00) to result in a savings, the proceeds of which will be used to (i) finance the refunding of the Prior Bonds, and (ii) to pay the costs of issuance of the refunding bonds which bonds would be issued in an aggregate principal amount not to exceed Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000.00) (the "Refunding Bonds"); and WHEREAS, the Common Council desires that the Lease be amended to reduce the semiannual lease rentals to correspond to the actual debt service as established pursuant to the terms of the sale of the Refunding Bonds; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 4. The Common Council hereby authorizes the Building Corporation to proceed with the refunding of its previously issued County Option Income Tax Lease Rental Revenue Bonds of 2001 outstanding after February 1, 2008 in the aggregate principal amount of Seven Million One Hundred Forty-five Thousand and 00/100 Dollars ($7,145,000.00) to achieve a savings for the City. The Common Council hereby approves of the sale of the Refunding Bonds in an aggregate principal amount not to exceed Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000.00). 5. The Mayor, the City Clerk and the Controller, and such other officers of the City as may be necessary and appropriate, are, and each of them is, hereby authorized to take any and all actions and to execute all such instruments as may be necessary or appropriate to accomplish the advance refunding of the outstanding Prior 19 REGULAR MEETING JANUARY 28, 2008 Bonds, in such forms as the officers executing the same shall deem proper, to be evidenced by the execution thereof, including, without limitation, (i) executing a second addendum to lease to provide for lower annual lease rental payments as a result of the refinancing of the outstanding Prior Bonds, and (ii) entering into a continuing disclosure undertaking agreement to provide continuing disclosure with respect to the Refunding Bonds as required under the federal securities laws. 6. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Timothy A. Rouse, Member of the Common Council Councilmember LaFountain, Chairperson, Personnel and 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 consideration. Mr. John Murphy, Assistant/Acting City Controller, 12th Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Murphy advised that this bill would authorize the City of South Bend Building Corporation to refund its 2001 County Option Income Tax Lease Rental Revenue Bonds. Through this refunding, the City is expected to realize savings in debt service costs of approximately $90,000 per year for the years 2008 through 2021. 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 by a roll call vote of nine (9) ayes. BILLS -FIRST READING BILL NO. 09-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING SEDA TIF FUND NO. 414 AND TRANSFERRING REMAINING FUNDS TO AEDA TIF FUND NO. 324 This bill had first reading. Councilmember Dieter made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on February 11, 2008. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 10-08 FIRST READING ON A BILL AMENDING ORDINANCE 9790-07 FIXING M~?~~IMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2008 This bill had first reading. Councilmember Dieter made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on February 11, 2008. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS 20 REGULAR MEETING JANUARY 28, 2008 BILL NO. 85-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 701 S. GRANT STREET, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 88-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2122 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to refer Bill Nos. 85-07 and 88-07 to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 11, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS COMMENTS FROM COUNCILMEMBERS REGARDING "SOUTH BEND GRADUATION RATE" Councilmembers Puzzello, Kirsits, Henry Davis, Oliver Davis, LaFountain, White, and Varner commented and applauded the January 28th article in the South Bend Tribune entitled "South Bend Graduation Rates Improved" The Council agreed to send a letter to Dr. Robert Zimmerman, Superintendent, South Bend Community School Corporation (SBCSC), congratulating him and each of the high school principals and the 3,500 dedicated educators and employees of the SBCSC who commit themselves everyday to education excellence throughout the city. PRIVILEGE OF THE FLOOR COMMENTS FROM MR. JERRY NIEZGODSKI REGARDING GOVERNMENTAL ACCOUNTABILITY Mr. Niezgodski stated that citizens must perform their civic duty to hold elected official accountable. Mr. Niezgodski stated that he wrote a Michiana Point of View entitled "Time for Transparency, Accountability Has Come to South Bend" on January 25, 2008. He stated that citizens should speak up and demand accountability. Mr. Niezgodski noted that many of South Bend's problems are primarily due to an intractable adherence to ineffective economic development policies that appear to be more about preserving power and control by a few rather than cultivating inclusive, collaborative relationships with businesses and residents that promote sustainable economic and income growth. Mr. Niezgodski stated that South Bend's failed policies have fueled Mishawka's growth, clearly exemplified by the number of businesses leaving the City for Mishawaka and that city's population growth the last four decades versus South Bend's decline. He stated that changing economic development policies requires a change of culture; difficult to achieve with an entrenched group of bureaucrats that operate with relative impunity. Transformation can be realized through, by analyzing day-today operations, revealing problems and introducing processes that promote grater transparency, accountability and responsiveness from city officials. He noted that Mayor Stephen Luecke had three assistance mayors and questioned whether it was political partronage. He stated that he still has two and while the City of Evansville, Fort Wayne, Gary and other cities have one (1). One is enough, given our population; two are unnecessary and unacceptable. Mr. Niezgodski also proposed eliminating the city's contribution to Project Future. Although subsidized with taxpayer money it has refused to open its books to public officials' scrutiny offering zero transparency and zero accountability to taxpayers. After giving them hundreds of thousands of dollars for years he doesn't see jobs paying $20 hourly or $100,000 annually coming to South Bend. He stated that poor results plus zero transparency equal zero funding. The Common Council should eliminate the $100,000 (could be $120,000) proposed contribution this year. The Council could reconsider 21 REGULAR MEETING JANUARY 28, 2008 reinstating funding when the citizens see actual results. Mr. Niezgodski concluded by reiterating that the citizens of South bend deserve and must demand greater accountability and transparency from elected officials. COMMENTS FROM MR. STEPHEN RANGE REGARDING PIT BULL DOGS Mr. Range advised about Black Codes a terminology used after the Civil War and a term used to describe lawful ordinances that gave African Americans a set of 2"d Class Civil Rights. He stated that he believes that the City of South Bend has an ordinance that gives African Americans 2"d Class Civil Rights and those Ordinances can be found in Chapter 5 of the South Bend Municipal Code Entitled Animals and Fowl Article 1 Section 5-1. It defines American Pit Bull Terriers as dangerous and vicious animals as a whole. He stated that the definition of an American Pit Bull Terrier means that the breed of dog registered and described with the United Kennel Club and the American Dog Breeder's Association as the American Pit Bull Terrier also know as the Pit Bull Terrier and any cross breed of the American Pit Bull Terrier but does not include the breed known as the American Staffordshire Terrier. The American Pit Bull Terrier and the American Staffordshire Terrier is the exact same dog. The only difference between the two breeds is that it is more common for an African American to call their dog an American Pit Bull Terrier and the wealthier Caucasian to call their dog an American Staffordshire Terrier. Most dogs are registered with the AKC as an Amercian Staffordshire Terrier and dually registered with the UKC as an American Pit Bull Terrier. Mr. Range stated that means that you can have a dog registered as an American Staffordshire Terrier and an American Pit Bull Terrier. He stated that he has contacted numerous organizations throughout the United States such as the United States Custom Services Search and Rescue Team; St. Joseph County Center for Disease Control; ASPCA; the American Temperament Test Society which is based out of Indianapolis. He stated that he has read and study several court cases involving breed specific legislation of ordinances and they all agree that breed specific ordinances and legislation do not solve any problems when it comes down to the dangerous dog issues and they also all agree that breed specific ordinances and legislation are unconstitutional. Mr. Range stated that the American Temperament Test Society sent him a number of results from test that they conducted. The results noted that the American Pit Bull Terrier has passed the American Temperament Test Society with an 84.3% rating. When they tested the American Staffordshire Terrier they passed with an 83.9% rating. The Australian Shepard only passed with an 80.7%, the Golden Retriever 83.8%, Collie 79.2%. Mr. Range stated that the American Pit Bull Terrier passed the American Temperament Test Society's testing well above some of the other breeds that were tested and not considered dangerous and vicious. He urged the Council to take the time to sit down with him and take the necessary measures needed to amend this ordinance. COMMENTS FROM MR. GEORGE LANE REGARDING CITIZENS FOR ACCOUNTABILITY Mr. George Lane, 2405 Division St. Mishawaka, Indiana, advised that he is the Director of Citizens for Accountability of Government, Inc. He stated that they serve the entire State of Indiana. Mr. Lane stated that some members of his organization had contacted him regarding the article written on accountability and transparency in local government. Mr. Lane stated that he has called Mayor Luecke's office and relayed a message to the secretary that he should read the article written by Mr. Niezgodski. He stated that citizens are tired of the same old government and want accountability and transparency. Mr. Lane stated that he is trouble by the way elected officials respond to phone calls. He stated that he calls local officials quite regularly and in his opinion the local officials don't respond in a timely manner. It seems like they don't care whether they call you back or not. He stated that Mayor Luecke is very bad in returning phone calls. He stated that the Mayor has only called him back once on an issue regarding the road that divides South Bend and Mishawka. Mr. Lane stated that the Mayor works for the people, the people don't work for him. Mr. Lane stated that Councilmember Dieter never returned his phone call either. He stated that Councilmember Varner always returns his phone calls. No matter how many times he called Dr. Varner he always takes the time out of his busy schedule to return a phone call. He urged the Council to return phone calls when a constituent calls with a problem. 22 REGULAR MEETING JANUARY 28, 2008 COMMENTS FROM MR. DAVE FRANK REGARDING THE ELECTION PROCESS Mr. Dave Frank, 50520 Burtonwood, South Bend, Indiana, advised that the election process and system is broken. He stated that this is a little off the beaten path, but last year he was diagnosed with prostrate cancer and about thirty (30) years ago his uncle was diagnosed with the same cancer. He uncle died shortly after he was diagnosed. Mr. Frank stated that he went to Indianapolis for surgery and after five incisions were made and a scope put into his stomach to remove his prostate and sent home the next day. He stated that technology saved his life. Mr. Frank stated that he gets a PSA test every couple of months and so far the reading has been .03 now scientifically what that means is that his cancer is undetectable. Mr. Frank stated that how this all ties together is that everything is math, and his goal in life is to give every person in St. Joseph County a voice. He stated that people in St. Joseph County feel that they don't have voice. He stated that he sat through the meeting tonight and listened to nine Councilmember's spend millions of tax payer dollars basically without asking the people. When you divide nine people into 100,000 it is .00003. He reiterated that his PSA is .03 and his cancer is undetectable. The people in St. Joseph County feel like they are undetectable, white people, black people; and the elderly all feel like they don't have a voice. The Presidential Candidates are talking about how the system is broken. Mr. Frank stated that he believes the system is broken here in St. Joseph County. Mr. Frank was shocked to see the Council applaud at a 60% graduation rate in the South Bend Community School Corporation. He noted that 60% is failure on most grading scales. He stated that the fastest growing company in St. Joseph County is Madison Center. That should tell everyone here tonight that something is very wrong. Mr. Frank made a presentation to the County Council asking for .38 cents per person to start building the technology to give everyone in St. Joseph County a voice. Councilmember Devon made the motion and could not get another Councilmember to second the motion. That same night the County Council spent 6 million dollars of taxpayer's money and the citizens did not have voice. Mr. Frank noted that this Country votes on nightly new channels, game shows, even the Miss American Pageant. He stated that the Council meeting tonight is not very well attended, but with the technology that he would like to introduce, every citizen in St. Joseph County would have a voice. Mr. Frank stated that he would like to work with the City Council on brining this technology to fruition. Mr. Frank reiterated that technology saved his life, it can save this community. He stated that he work like to reach out to the community with his organization called One Voice and by working together we can bring a voice back to St. Joseph County. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 8:51 p.m. ATTEST: ATTEST: John Voorde, City Clerk Timothy A. Rouse, President 23