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HomeMy WebLinkAbout09-08-08 Common Council Minutes REGULAR MEETING SEPTEMBER 8, 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, September 8, 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 1st District, Chairperson Committee of the Whole Henry Davis, Jr. 2nd District (Late Came in at 7:10 p.m.) Thomas LaFountain 3rd District Ann Puzzello 4th District David Varner 5th District Oliver Davis 6th District Vice-President Timothy Rouse At-Large President Karen L. White At-Large Al “Buddy” Kirsits At-Large OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Aladean DeRose Assistant City Attorney Absent: Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the August 25, 2008, meetings 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 August 25, 2008 meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS There was no Special Business to come before the Council at this time. 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 eight (8) ayes. Councilmember Dieter, Chairperson, presiding. Councilmember Dieter explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 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. REGULAR MEETING SEPTEMBER 8, 2008 PUBLIC HEARINGS BILL NO. 49-08 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST 12 FEET OF DERUE COURT FROM JEFFERSON BOULEVARD TO THE NORTH LINE OF THE SOUTH 13 FEET OF A 30 FEET WIDE PUBLIC INGRESS EGRESS EASEMENT PER INSTRUMENT NUMBER 0365811 AND SAID SOUTH 13 FEET OF A 30 FEET WIDE PUBLIC INGRESS EGRESS EASEMENT FROM THE WEST LINE OF THE EAST 12 FEET OF DERUE COURT EXTENDED TO ST. JOSEPH STREET Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with no recommendation due to the lack of a quorum. Mr. Derek J. Spier, Planner, Abonmarch Consultants, Inc. 750 Lincoln Way East, South Bend, Indiana, made the presentation on behalf of the petitioner, the City of South Bend Department of Community and Economic Development. Mr. Spier advised that the City’s Department of Community and Economic Development is in the process of redeveloping lots, 38, 39, and 40 in the Original Plat to the City of South Bend lying contiguous to the proposed vacated right-of-way and ingress/egress easement into a hotel and parking facility. The vacated real estate is needed for the planned development of said lots. 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 Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis, seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Henry Davis joined the meeting at this time. BILL NO. 50-08 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF DR. MARTIN LUTHER KING BLVD. FROM W. WASHINGTON STREET NORTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS, AND A WIDTH OF 8 FEET, MORE OR LESS. BEING A PART OF DUNBAR’S SUBDIVISION OF BANK OUTLOTS 31 AND 32, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation 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. James Bognar, 807 W. Washington Street, South Bend, Indiana, advised that he would like to continue this bill until the September 22, 2008 meeting of the Council. Mr. Bognar stated that he would like additional time to gather more information to present to the Council at that time. 2 REGULAR MEETING SEPTEMBER 8, 2008 Councilmember Varner made a motion to continue this bill until the September 22, 2008 meeting of the Council at the request of the petitioner. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 53-08 PUBLIC HEARING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2009 nd Councilmember Varner made a motion to accept the 2 substitute version of this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner, Vice-Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with no recommendation due to the lack of a quorum. th Catherine Fanello, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Fanello advised that this bill sets the maximum salaries for all non-bargaining personnel. This bill reflects a 2% increase over 2008 salaries, which will not be funded if the city receives no new additional revenue to mitigate the effects of the 2009 property tax reform. But the bill will allow the city to set a maximum in order to have flexibility in case such additional revenue does become available. Ms. Fanello further advised that it is important to note that any positions/ titles marked new have been funded through existing dollars and no new dollars are st requested. She indicated that the 1 substitute bill added item (h) Early Retirement Incentives; the new position of Assistant Facility Maintenance Manager should read Assistance Facility Operations Manager; added title Director of Finance (Public Works); and Custodian is also noted as just for the Morris Performing Arts Center. Ms. Fanello advised that the second substitute deletes in item E performance incentives. Item G it deletes the words department heads and inserts city employees and adds an added section on cell phone allowance for city employees. Ms. Fanello reiterated that none of the mentioned positions were funded with new money, but through the reorganization of current positions. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember White, seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 54-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $710,000.00 FROM THE PUBLIC WORKS SEWER GENERAL OPERATING FUND NO. 641 TO PAY COMPROMISE JUDGMENT Councilmember Oliver Davis, Chairperson, Utilities Committee and Councilmember David Varner, Chairperson, Public Works and Property Vacation Committee, reported that their Committees held a joint Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Ms. Aladean DeRose, Chief Assistant City Attorney, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. DeRose advised that on February 14, 2008, the St. Joseph Superior Court entered a judgment against the City of South Bend in the sum of $614,725.64. The Court found that the 3 REGULAR MEETING SEPTEMBER 8, 2008 City had improperly charged its non-resident Clay Utilities customers for debt service after the City’s debt to acquire Clay Utilities had been paid and retired. Both the City and the rate payers asked the Court to reconsider its decision. The City claimed that the Court exceeded its power by altering an existing utility rate schedule; the class members claimed the City owed Clay customers $145,998 more principal that what the Court ordered and that the City also owed prejudgment interest of $304,229.85. The Court denied both request and affirmed the prior judgment of $614,725.64 on May 12, 2008. Ms. DeRose further stated that presently, this case is in the process of appeal to the Indiana Court of Appeals. If the City were to prevail on appeal, the result would be a $0 judgment. If Clay customers prevail, the judgment would be in excess of One Million Dollars (1,064,953.39 to be precise) plus post judgment statutory interest at 8% from February 14, 2008. As of August 14, 2008 post judgment interest alone is about $24,600. Ms. DeRose stated that considering the financial risks of an adverse judgment notwithstanding the City’s firm belief in the merits of its legal position, it is wise and prudent to resolve this dispute. The City’s Legal Department and attorneys for Clay Utilities have agreed to settle this claim in full for the sum of $710,000 subject to Court approval. Hearing on the Court’s approval was set for today, September 8, 2008. This bill would authorize the appropriation of funds necessary to pay the agreed settlement promptly on Court approval. The Sewer Works General Fund No. 641 has sufficient funds to pay this sum. 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 Puzzello, seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember White made a motion to rise and report to the full Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk 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 7:16 p.m. Council President Tim Rouse presided with eight (8) members present. BILLS, THIRD READING 4 REGULAR MEETING SEPTEMBER 8, 2008 ORDINANCE NO. 9862-08 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST 12 FEET OF DERUE COURT FROM JEFFERSON BOULEVARD TO THE NORTH LINE OF THE SOUTH 13 FEET OF A 30 FEET WIDE PUBLIC INGRESS EGRESS EASEMENT PER INSTRUMENT NUMBER 0365811 AND SAID SOUTH 13 FEET OF A 30 FEET WIDE PUBLIC INGRESS EGRESS EASEMENT FROM THE WEST LINE OF THE EAST 12 FEET OF DERUE COURT EXTENDED TO ST. JOSEPH STREET This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember LaFountain seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9863-08 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2009 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. Additionally, Councilmember Dieter made a motion to pass this bill as amended. Councilmember White seconded the motion. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9864-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $710,000.00 FROM THE PUBLIC WORKS SEWER GENERAL OPERATING FUND NO. 641 TO PAY COMPROMISE JUDGMENT This bill had third reading. Councilmember Puzzello 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. RESOLUTIONS RESOLUTION NO. 3902-08 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4441 JADE CROSSING DRIVE, 4522, 4532 ASHARD DRIVE, 4430 JADE CROSSING DRIVE (OR 4607 ASHARD DRIVE), 4601, 4523, 4513, 4411, 4321 AND 4309 ASHARD DRIVE ALL IN JADE CROSSING, SECTION I, AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY 5 REGULAR MEETING SEPTEMBER 8, 2008 TAX ABATEMENT FOR CLELAND BUILDERS, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4441 JADE CROSSING DRIVE, 4522, 4532 ASHARD DRIVE, 4430 JADE CROSSING DRIVE (OR 4607 ASHARD DRIVE), 4601, 4523, 4513, 4411, 4321 AND 4309 ASHARD DRIVE ALL IN JADE CROSSING – SECTION I, South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: JADE CROSSING - SECTION I LOTS NUMBERED 1, 83, 84, 87, 88, 90, 92, 95, 98 AND 100 AS SHOWN ON THE RECORDED PLAT OF JADE CROSSING, SECTION I, RECORDED APRIL 2, 2004 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA AS INSTRUMENT NO. 0415098 and this property which has Tax Key Numbers 25-1013-020748, 25-1013-020930 and 25-1013- 020931, 25-1013-020934, 25-1013-020935, 25-1013-020937, 25-1013-020939, 25-1013- 020942, 25-1013-020945 and 25-1013-020947,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: 6 REGULAR MEETING SEPTEMBER 8, 2008 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 the 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. Bernie Feeney, Registered Land Survey, Lang, Feeney, & Associates, Inc., 715 S. Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the owner, Jade Crossing LLC and Cleland Homes. Mr. Feeney advised that the petitioner is requesting tax abatement on the remaining undeveloped lots in Jade Crossing Section One. 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. 7 REGULAR MEETING SEPTEMBER 8, 2008 RESOLUTION NO. 3903-08 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1827 NORTH BENDIX DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MANN + HUMMEL USA, INCORPORATED WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1827 North Bendix Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land being part of the Northeast Quarter of the Southeast Quarter of Section 33. Township 38 North Range 2 East, in the City of South Bend, Portage Township, St. Joseph County, Indiana and which has Tax Key Number 018-500-299104 presently, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council Ms. Christina Carroll, 6400 S. Sprinkle Road, Portage, Michigan, made the presentation for this bill. 8 REGULAR MEETING SEPTEMBER 8, 2008 Ms. Carroll advised that Mann + Hummel USA, Inc. plans to install machinery and equipment costing approximately $2,000,000. the machinery and equipment will be used to manufacture manifolds and air intake systems for General Motors and Toyota. She stated that Mann + Hummel manufactures various products for the automotive industry. The products are made of nylon and plastic and are manufactures using injection molding processes. Ms. Carroll advised that it is estimated that the total project will create four (4) new, permanent, full-time jobs within the first year representing a new annual payroll of $120,000. She noted that the project will create four (4) new, permanent, full-time jobs within the first year representing a new annual payroll of $120,000. The project will retain one hundred fifty-four (154) existing permanent, full time jobs of which 43 are minority employees with an annual payroll of $4,500,000. Councilmember Henry Davis asked Ms. Carroll to define minority employee. Ms. Carroll stated that she will defer to Mr. Larue Petty from Mann + Hummel to answer that question. Mr. Larue Petty, stated that Mann + Hummel’s minority employment is currently 43 and is comprised of African Americans, Asia Americans, and Mexican Americans. 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 and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 08-83 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR UNIVERSITY OF NOTRE DAME DU LAC, AND INNOVATION PARK AT NOTRE DAME, INC. Councilmember Puzzello made a motion to continue this bill until September 22, 2008 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 08-84 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR UNIVERSITY OF NOTRE DAME DU LAC, AND INNOVATION PARK AT NOTRE DAME, INC. Councilmember Puzzello made a motion to continue this bill until September 22, 2008 meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. 9 REGULAR MEETING SEPTEMBER 8, 2008 RESOLUTION NO. 3944-08 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 LOT NUMBERS 1 THROUGH 141 ALL IN SOUTHFIELD LAKE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR LLE REAL ESTATE, LLP 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 areas commonly known as Lot # Address Tax # 1 6602 Deerfield Trail UNKNOWN 2 6608 Deerfield Trail UNKNOWN 3 6614 Deerfield Trail UNKNOWN 4 6629 Forest Trail UNKNOWN 5 6623 Forest Trail UNKNOWN 6 1419 Forest Trail UNKNOWN 7 1425 Forest Trail UNKNOWN 8 1431 Forest Trail UNKNOWN 9 1437 Forest Trail UNKNOWN 10 1443 Forest Trail UNKNOWN 11 6606 Forest Edge UNKNOWN 12 1436 Forest Trail UNKNOWN 13 1430 Forest Trail UNKNOWN 14 1424 Forest Trail UNKNOWN 15 1425 Lake Trail North UNKNOWN 16 1433 Lake Trail North UNKNOWN 17 1439 Lake Trail North UNKNOWN 18 6612 Forest Edge UNKNOWN 19 6618 Forest Edge UNKNOWN 20 1513 Lake Trail North UNKNOWN 21 6610 Fox Lane UNKNOWN 22 6618 Fox Lane UNKNOWN 23 6624 Fox Lane UNKNOWN 24 6806 Fox Lane UNKNOWN 25 6814 Fox Lane UNKNOWN 26 1518 Lake Trail South UNKNOWN 27 1510 Lake Trail South UNKNOWN 28 1502 Lake Trail South UNKNOWN 29 1432 Lake Trail South UNKNOWN 30 1424 Lake Trail South UNKNOWN 31 1418 Lake Trail South UNKNOWN 32 1410 Lake Trail South UNKNOWN 33 1384 Lake Trail South UNKNOWN 34 1378 Lake Trail South UNKNOWN 35 1370 Lake Trail South UNKNOWN 36 1326 Lake Trail South UNKNOWN 37 1354 Lake Trail South UNKNOWN 38 1346 Lake Trail South UNKNOWN 39 1338 Lake Trail South UNKNOWN 10 REGULAR MEETING SEPTEMBER 8, 2008 Lot # Address Tax # 40 1330 Lake Trail South UNKNOWN 41 1322 Lake Ridge Court UNKNOWN 42 1312 Lake Ridge Court UNKNOWN 43 1304 Lake Ridge Court UNKNOWN 44 1250 Lake Ridge Court UNKNOWN 45 1424 Lake Ridge Court UNKNOWN 46 1228 Lake Ridge Court UNKNOWN 47 1220 Lake Ridge Court UNKNOWN 48 1219 Lake Ridge Court UNKNOWN 49 1231 Lake Ridge Court UNKNOWN 50 1245 Lake Ridge Court UNKNOWN 51 1305 Lake Ridge Court UNKNOWN 52 1324 Lake Ridge Court UNKNOWN 53 6816 Beaver Trail UNKNOWN 54 1337 Lake Trail South UNKNOWN 55 1345 Lake Trail South UNKNOWN 56 1353 Lake Trail South UNKNOWN 57 1361 Lake Trail South UNKNOWN 58 1369 Lake Trail South UNKNOWN 59 1377 Lake Trail South UNKNOWN 60 1403 Lake Trail South UNKNOWN 61 1411 Lake Trail South UNKNOWN 62 1419 Lake Trail South UNKNOWN 63 1427 Lake Trail South UNKNOWN 64 1505 Lake Trail South UNKNOWN 65 6802 Fox Lane UNKNOWN 66 6720 Fox Lane UNKNOWN 67 1514 Lake Trail North UNKNOWN 68 1506 Lake Trail North UNKNOWN 69 1428 Lake Trail North UNKNOWN 70 14 Lake Trail North UNKNOWN 71 1412 Lake Trail North UNKNOWN 72 1404 Lake Trail North UNKNOWN 73 1382 Lake Trail North UNKNOWN 74 1374 Lake Trail North UNKNOWN 75 1366 Lake Trail North UNKNOWN 76 1358 Lake Trail North UNKNOWN 77 1350 Lake Trail North UNKNOWN 78 1342 Lake Trail North UNKNOWN 79 6732 Beaver Trail UNKNOWN 80 1324 Southfield Lake Trail UNKNOWN 81 1306 Southfield Lake Trail UNKNOWN 82 1248 Southfield Lake Trail UNKNOWN 83 1236 Southfield Lake Trail UNKNOWN 84 1222 Southfield Lake Trail UNKNOWN 85 6604 Blue Bird Trail UNKNOWN 86 6610 Blue Bird Trail UNKNOWN 87 6616 Blue Bird Trail UNKNOWN 88 6622 Blue Bird Trail UNKNOWN 89 6628 Blue Bird Trail UNKNOWN 90 1112 Red Bird Trail UNKNOWN 91 1118 Red Bird Trail UNKNOWN 92 1124 Red Bird Trail UNKNOWN 93 1204 Red Bird Trail UNKNOWN 94 1210 Red Bird Trail UNKNOWN 95 1113 Southfield Lake Trail UNKNOWN 96 1119 Southfield Lake Trail UNKNOWN 11 REGULAR MEETING SEPTEMBER 8, 2008 Lot # Address Tax # 97 1125 Southfield Lake Trail UNKNOWN 98 1205 Southfield Lake Trail UNKNOWN 99 1211 Southfield Lake Trail UNKNOWN 100 1222 Red Bird Trail UNKNOWN 101 1228 Red Bird Trail UNKNOWN 102 1234 Red Bird Trail UNKNOWN 103 1240 Red Bird Trail UNKNOWN 104 1246 Red Bird Trail UNKNOWN 105 1252 Red Bird Trail UNKNOWN 106 1223 Southfield Lake Trail UNKNOWN 107 1229 Southfield Lake Trail UNKNOWN 108 1235 Southfield Lake Trail UNKNOWN 109 1241 Southfield Lake Trail UNKNOWN 110 1247 Southfield Lake Trail UNKNOWN 111 1253 Southfield Lake Trail UNKNOWN 112 1305 Garden Way UNKNOWN 113 1311 Garden Way UNKNOWN 114 1317 Garden Way UNKNOWN 115 1321 Garden Way UNKNOWN 116 1327 Garden Way UNKNOWN 117 1333 Garden Way UNKNOWN 118 1339 Garden Way UNKNOWN 119 1345 Garden Way UNKNOWN 120 1351 Garden Way UNKNOWN 121 1357 Garden Way UNKNOWN 122 1361 Garden Way UNKNOWN 123 1367 Garden Way UNKNOWN 124 1371 Garden Way UNKNOWN 125 1317 Garden Way UNKNOWN 126 1304 Garden Way UNKNOWN 127 1310 Garden Way UNKNOWN 128 1316 Garden Way UNKNOWN 129 1322 Garden Way UNKNOWN 130 1328 Garden Way UNKNOWN 131 1334 Garden Way UNKNOWN 132 1340 Garden Way UNKNOWN 133 1346 Garden Way UNKNOWN 134 1352 Garden Way UNKNOWN 135 1358 Garden Way UNKNOWN 136 1364 Garden Way UNKNOWN 137 1370 Garden Way UNKNOWN 138 1375 Garden Way UNKNOWN 139 1381 Garden Way UNKNOWN 140 1339 Lake Trail North UNKNOWN 141 1325 Lake Trail North UNKNOWN all in South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: SOUTHFIELD LAKE A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A NAIL WITH DISC MARKING THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 6; 12 REGULAR MEETING SEPTEMBER 8, 2008 THENCE NORTH 00°08’59” WEST, ALONG THE WEST LINE OF SECTION 6 A DISTANCE OF 701.00 FEET TO A NAIL WITH DISC, THE “POINT OF BEGINNING” OF SAID PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 00°08’59” WEST, ALONG THE WEST LINE OF SECTION 6 A DISTANCE OF 337.13 FEET (CITED IN PRIOR DEED AS 336.83 FEET) TO A NAIL WITH DISC MARKING THE SOUTHWEST CORNER OF SOUTHFIELD SUBDIVISION SECTION THREE WHICH IS RECORDED AS INSTRUMENT NO. 9853561 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 89°49’32” EAST, ALONG THE SOUTH LINE OF SAID SOUTHFIELD SUBDIVISION SECTION THREE, THE SOUTH LINE OF SOUTHFIELD SUBDIVISION SECTION FOUR WHICH IS RECORDED AS INSTRUMENT NO. 9925490 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA AND THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN RECORDED INSTRUMENT NO. 9661170 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, A DISTANCE OF 2618.98 FEET (CITED IN PRIOR DEED AS 2628.00 FEET) TO A 5/8” IRON BAR WITH CAP ON THE NORTH-SOUTH CENTERLINE OF SECTION 6; THENCE SOUTH 00°35’04” WEST, ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 6 A DISTANCE OF 1025.28 FEET (CITED IN PRIOR DEED AS 1035.20 FEET) TO A 5/8” IRON BAR WITH CAP MARKING THE CENTER OF SECTION 6; THENCE SOUTH 89°53’30” WEST, ALONG THE EAST-WEST CENTERLINE OF SECTION 6 A DISTANCE OF 2171.43 FEET (CITED IN PRIOR DEED AS 2172.30 FEET) TO A 5/8” IRON BAR WITH CAP ON THE EAST LINE OF LOT 1 OF BAILEY’S MIAMI ROAD MINOR SUBDIVISION WHICH IS RECORDED AS INSTRUMENT NO. 8406190 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 00°38’57” EAST, ALONG SAID EAST LINE A DISTANCE OF 197.38 FEET TO A 5/8” IRON BAR WITH CAP MARKING THE NORTHEAST CORNER OF SAID LOT 1; THENCE NORTH 89°58’31” EAST, ALONG THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN RECORDED INSTRUMENT NO. 8826863 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA A DISTANCE OF 14.56 FEET TO A 5/8” IRON BAR WITH CAP; THENCE NORTH 00°20’24” WEST A DISTANCE OF 503.01 FEET TO A 5/8” IRON BAR WITH CAP ON THE NORTH LINE OF SAID PARCEL DESCRIBED IN RECORDED INSTRUMENT NO. 8826863; THENCE SOUTH 89°58’31” WEST, ALONG SAID NORTH LINE A DISTANCE OF 450.01 FEET TO THE “POINT OF BEGINNING”. CONTAINING 54.688 ACRES, MORE OR LESS. and this property which has Tax Key Numbers 23-1010-0187; 23-1010-018601 and 23- 1010-018602 (partial) (approximate east half) 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 Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION, I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of 13 REGULAR MEETING SEPTEMBER 8, 2008 Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby 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. 14 REGULAR MEETING SEPTEMBER 8, 2008 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 Puzzello made a motion to accept the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 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. John Leszczynski, The Troyer Group, 550 Union Street, Mishawaka, Indiana, made the presentation for this bill on behalf of the owner LLE Real Estate, LLP. Mr. Leszczynski advised that the substitute resolution was necessary due to the tax key numbers listed for the property in the original resolution were from the period when the property was outside the city limits of the City of South Bend. The substitute resolution contains the updated numbers assigned to the property after annexation. Mr. Leszczynski further advised that Southfield Lake sub-division is located approximately one-quarter (1/4) mile south of the intersection of Miami and Kern Roads on the east side of Miami. The project involves the construction of 141 single family residential units. Each home will be approximately 1500 to 2400 square feet in size and contain multiple bedrooms, bath, a den, kitchen, living space, and attached garage. Construction will be wood frame with vinyl siding and exterior brick/stone accents or all brick or stone exterior construction. The price for each home will range from $160,000 to $240,000. Mr. Leszczynski advised that for 141 homes, the taxes abated would be $1,051,860 for five years and the taxes paid would be $907,116 for five years. 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 Substitute Resolution. Councilmember LaFountain seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS – FIRST READING 15 REGULAR MEETING SEPTEMBER 8, 2008 BILL NO. 55-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #4, JOHN D. & LEONA RAPPELLI AND ROSEMARY R. MANDRICI, 54902 IVY ROAD (A.K.A. IVY COURT), SOUTH BEND, INDIANA Councilmember Puzzello made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Zoning & Annexation Committee and set it for Public Hearing on October 27, 2008 and Third Reading on November 10, 2008. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 56-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2009 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee and Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 22, 2008. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 57-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS FOR FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2009 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee and Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 22, 2008. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 58-08 FIRST READING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2009 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing on September 22, 2008 and Third Reading in the Council Portion Only on October 27, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 16 REGULAR MEETING SEPTEMBER 8, 2008 BILL NO. 59-08 FIRST READING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2009, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing on September 22, 2008 and Third Reading in the Council Portion Only on October 27, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 60-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009 AND ENDING DECEMBER 31, 2009, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing on September 22, 2008 and Third Reading in the Council Portion Only on October 27, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS Councilmember Henry Davis stated that the reason he was late tonight was because he was attending the LaSalle Square Steering Committee and reported that they will be making a presentation to the Redevelopment Commission at their next meeting. Council President Tim Rouse announced that he is the Council representative for the Waste Management Board. He stated that at their last meeting they are currently updating contracts and bids for new recycling containers. PRIVILEGE OF THE FLOOR COMMENTS REGARDING SCHOOL CROSSING GUARDS Ms. Sandy Dreibelbeis, 203 E. Eckman, South Bend, Indiana, stated that she would like to see funds appropriated to keep the school crossing guards. Ms. Dreibelbeis advised that she had not received a response to her questions from the last Council Meeting. th Stephen Luecke, Mayor, 14 Floor County-City Building, 227 W. Jefferson Blvd., responded that on September 3, 2008 he sent a letter to Ms. Dreibelbeis and apologized that she did not receive the letter. Mayor Luecke stated that to answer the first question: 17 REGULAR MEETING SEPTEMBER 8, 2008 Is it true that it cost more than $116,000 for police overtime to provide traffic control on home football weekends and that Notre Dame does not pay for this service? Mayor Luecke responded that his records show that last year the City spend $116,407.17 for game day overtime. Officers are stationed at key intersections in the city to ensure that traffic flows safely. This is a benefit to our residents and businesses as well as fans who are attending the games. Notre Dame does not pay for this service. The University does pay for officers that it hires to work on campus and in the stadium on game days. The second question: Was $1,000,000 donated to the Kroc Center? Mayor Luecke responded that the City of South Bend has qualified to be a site for a Ray and Joan Kroc Community Center. This designation makes us eligible to receive a $40,000,000 grant through the Salvation Army to create a world class youth and family center on the West Side. This facility will help our children to develop their talents and leadership skills to achieve their full potential. (One half of the grant is to construct the building, the other half is for an endowment to help pay for operations of the center.) In order to obtain the grant, we need to raise a local match of $10,000,000. The Mayor stated that at his request, the Council has appropriated $1,000,000 as part of that match. It has been an important step in raising other matching dollars and helping to make the Kroc Center a reality. The third question: Are taxpayers spending $1.7 million to clean up coal ash at Notre Dame. Mayor Luecke stated that at the Eddy Street Commons site, the City is investing in infrastructure to support over $200,000,000 in private investment. The $1.7 million is a total for earthwork at that location. It includes leveling the site and excavating the underground portion of the parking structure and removing coal ash from the property so that there are stable soils to build on. Mayor Luecke stated that it was fine to leave the coal ash “as is” if one did not want to support a building structure on that site. However, the City wanted to support dense, mixed use high quality development for jobs and tax base and housing improvements in the City. The bid for removing the coal ash was $770,000. Mayor Luecke stated that the City had provided similar site assistance at Erskine Commons Shopping Center to enable new construction at a former landfill, as well as years ago at the ethanol plant to remove muck soils prior to construction. It is common for communities to support economic development by removing such impediments to development when the return on investment to the taxpayers is high such as in these projects. Mayor Luecke stated that these costs and other public costs at the site are being funded through a bond that be paid by Tax Increment Financing (TIF), property taxes generated by new buildings in the development will pay for these costs. He noted that the improvements will be paid for by the properties that benefit from the work, not by other tax payers in the city. He stated that these TIF funds can only be used for infrastructure in the designated area and are not available for personnel or operating costs. ADJOURNMENT There being no further business to come before the President Timothy Rouse adjourned the meeting at 7:50 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Timothy Rouse, President 18