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HomeMy WebLinkAbout03-09-09 Common Council Minutes REGULAR MEETING MARCH 9, 2009 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, March 9, 2009 at 7:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District, President Henry Davis, Jr. 2nd District Thomas LaFountain 3rd District Ann Puzzello 4th District, Chairperson Committee of the Whole David Varner 5th District Oliver Davis 6th District, Vice-President Timothy Rouse At-Large Al “Buddy” Kirsits At-Large Karen L. White At-Large OTHERS PRESENT: John Voorde City Clerk Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney Absent: Mary Beth Wisniewski Chief Deputy 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 February 23, 2009 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember White made a motion that the minutes of the February 23, 2009 meetings of the Council be accepted and placed on file. Councilmember Rouse seconded the motion which carried by a voice vote of nine ayes. SPECIAL BUSINESS Councilmember Oliver Davis stated that he has appointed Ms. Connie Green and Mr. Tim Hudak to serve on the Utilities Committee of the South Bend Common Council. City Clerk John Voorde sworn in those members at this time. Council President Dieter welcomed the writing class from IUSB and thanked them for attending the meeting. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Puzzello, Chairperson, presiding. Councilmember Puzzello 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 Puzzello stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. 1 REGULAR MEETING MARCH 9, 2009 PUBLIC HEARINGS BILL NO. 02-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 744 SOUTH MAIN STREET, COUNCILMANIC DISTRICT SIX (6) IN THE CITY OF SOUTH BEND, INDIANA Council President Dieter made a motion to hear the substitute version on this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from LI Light Industrial District to MU Mixed Use District to allow the overnight stay to a small number of people (no more than ten) in relation to the program known as “Weather Amnesty”, whereby people with nowhere to stay are housed on an emergency basis by social agencies and ministries. On site is a facility that provides meals, laundry facilities, and other social services to the homeless. To the north is an electrical-substation owned by Indiana and Michigan Power zoned LI Light Industrial District. To the east is LC Typesetting zoned MU Mixed Use District. To the South is Rink Printing zoned LI Light Industrial District. To the west is an electrical sub-station owned by Indiana and Michigan Power zoned LI Light Industrial District. The MU Mixed Use District is established to promote the development of a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. The total area of the site if 31, 515 square feet. The building is 10, 772 square feet or 34% of the site. A total of 22 parking spaces are proved with access from Main Street. The total paved area is 12,176 square feet or 38% of the site. The open space if 8,567 square feet or 28% of the site. There is one access from Main Street. Main Street is a four lane one-way road. The existing facility is allowed under the current zoning. In order to allow for overnight stays, the property must be rezoned to Mixed Use and a Special Exception must be obtained. Both the staff and the Board of Zoning Appeal have recommended in favor of this Special Exception. She stated that City Plan, South Bend Comprehensive Plan, November 2006 H 1.5 Support existing transitional housing providers and shelters that offer a continuum of care to move people toward self-sufficiency. ED 1: Stimulate the rehabilitation and adaptive reuse of property in the city. The building is currently being used during the day for outreach activities. There are a variety of high intensity uses along the Michigan/Main corridor. Main street is mostly LI Light Industrial, and Michigan Street is mostly MU Mixed Use. There is a gas station zoned C Commercial at the northwest corner of Main Street and Sample Street, and the Center for the Homeless is located immediately southeast of the site, across the alley. The most desirable use is to maintain the current zoning or a less intense zoning. Surrounding property values should not be affected. This rezoning would not compromise the operation of the industrial businesses. It is responsible development and growth to allow the expansion of services to accommodate for the loss of services in another area. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. The adaptive reuse of the property will allow 2 REGULAR MEETING MARCH 9, 2009 the existing building to continue to be an integral part of this block. The proximity of the Center for the Homeless and Hope Ministries will provide a supportive network. Mr. Michael J. Baxter, Our Lady of the Road, 515 S. St. Joseph Street, South Bend, Indiana, made the presentation for this bill. Mr. Baxter stated that he is one of three Board Members for Our Lady of the Road, which is presenting this petition. He advised that they asked for a Special Exception last month to allow ten (10) people to stay overnight in conjunction with “Weather Amnesty.” He stated that special exception was contingent upon this petition. The purpose is to allow for housing a small number of people ten (10) to stay overnight on cold nights during the winter as part of the Weather Amnesty Program conducted by downtown social agencies in the continuum of Care Group, the Center for the Homeless, Hope Ministries, Life Treatment Center, the YWCA and others. These agencies came to Our Lady of the Road this past fall asking to participate in the Weather Amnesty Program. He stated that one agency Hope Ministries suffered building damage and was unable to take more than ten (10) people, before that they were able to take twenty (20) a night. So they were asked to take up the slack and Our Lady of the Road said yes pending the rezoning and special exception. He stated that in regards the consistency of this purpose and intent in relation to the character of the district in which it is located, the purpose and intent is entirely consistent with this district. Several properties in the immediate area are used for purposes similar to the intent and purpose of the rezoning sought here. He stated that the adjacent properties to the north include to the north and unused lot owner by Indiana & Michigan Power. To the east a printing shop which operates during the day. A parking lot used by the Center for the Homeless to park its vehicles for landscaping and snow plowing business. Another printing shop a daytime business, a garden owned by the Center for the Homeless and a building so as far as he can tell for the last three and half years has gone empty and unused. He also noted that the Center for the Homeless Offices are located to the east. To the South is Rink Publishing company separated by an alley and a parking lot. To the west across Main Street is a lot used for electrical transformers owned by Indiana & Michigan Power. These properties are zoned light industrial and mixed use, and a similar character prevails regarding the properties extending beyond these properties. He stated that Our Lady of the Road has had a positive relationship with the owners of these properties. Several businesses use their parking lot to cut through from the alley to Main Street and they have had no problem with that. The Center for the Homeless Coordinator Director Steve Camaliari, along with Weather Amnesty Coordinator Lana Vittrio, support this rezoning, however, they are out of town. In preparation for this hearing, he stated that he went and spoke with the owner of Rink Publishing, Mike Rink and he expressed support for the work that Our Lady of the Road has done and has no issues with this. Mr. Baxter stated that Mr. Rink also stated that they should try work out an arrangement with some of the people who come in for services at Our Lady of the Road could help him rehab some of the building and with landscaping. He stated that in conclusion, this is a small project, just ten (10) people. He stated that they were asked to do this. He noted that they designed the building even though they didn’t intend to use for overnight stays, they designed the building so that it overnight stay should occur that all the architectural plans for the building would be able to adapt to that without any renovations. So they will be no interior renovations needed to do this, other than the ones that were already planned anyway. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individuals spoke in favor of this bill. Ms. Beth Marlock, Director of Resident Services, Hope Ministries, 432 S. Lafayette, South Bend, Indiana, urged the Council to favorably approve this rezoning project. She stated that Hope was flooded out and lost spaces for ten (10) individuals for weather amnesty. She stated that she has been a part of the weather amnesty coordination in the community since 1997. She stated that she has been in situations where she has had to turn people away on very cold nights because they do not have the space in the community for all the folks that are unsheltered. She stated that she recently tabulated 3 REGULAR MEETING MARCH 9, 2009 the count of shelter and unsheltered homeless individuals on the street, and for this year, have counted and interviewed 116 people on January 28, 2009, that were unsheltered in the community. In addition, on that same day, they interviewed 81 folks who reported that they were staying somewhere precariously sheltered, staying at a friends house or perhaps a fictional friends house as they did not want to admit to being unsheltered. As a part of that count they counted eleven 11 spaces of bedding under two bridges in the community. So the need is there on very cold nights to shelter individuals. Ms. Marlene Nowak, 1709 E. Wayne Street, South Bend, Indiana, stated that she is here tonight as a concerned citizen and a volunteer at Our Lady of the Road since it’s inception and also at the Catholic Worker House. She stated that she sees the need first hand of the people who come and drop in during the day time. There is a great need in our community for people to have a safe place to sleep at night. No matter what religion anyone practices we need to support and provide this kind of care on the very cold nights during the winter months. She stated that this past year has been an exceptionally bitter cold winter and she urged the Council to support this bill. Mr. Brian Kennedy, 515 S. St. Joseph Street, South Bend, Indiana, stated that at one point in his life he used the Weather Amnesty Program. He believes that it is imperative that the ten (10) extra beds that could be provided by Our Lady of the Road would greatly help those in need on those very cold winter nights. He stated that there is an obvious need in the community and urged the Council to vote favorably. Ms. Sheila McCarthey, 518 S. St. Joseph Street, South Bend, Indiana, stated that every weekend she washes clothes at Our Lady of the Road and people have been telling her as she hands out towels for them to take showers as she takes their laundry and washes it, gives out razors for people who want to get cleaned up, that Our Lady of the Road is such a great place. She stated that they are so appreciative of the service that is provided to them. She stated that it has been a terribly cold winter, unlike anything anyone can remember for quite some time and being able to provide ten (10) individuals to stay overnight and out of the extremely cold climate would be a great help. She encourages the Council to vote in favor of this bill. Ms. Ann Voll, owner, Sibley Machine & Foundry, 206 E. Tutt Street, South Bend, Indiana. Ms. Voll stated that she does not live in the City; however she and her husband own Sibley Machine & Foundry which is located one block east of Our Lady of the Road. She stated that there is a positive relationship between them and the Catholic Worker Community. It began a little over two (2) years ago, when she volunteered at Our Lady of the Road, but it is an ongoing relationship that has had opportunities to employ a number of folks that on a regular basis visit at the Catholic Worker Community. She stated that the experience has been with an organization that is exceptionally well run and agrees that the residents would be in safe situation. She stated that she has followed the renovation of the building and they are certainly done in a first class way. She reiterated what Mr. Rink from Rink Riverside Printing stated that as businesses in the community anything that they can do to further the efforts of the Catholic Workers and the homeless community they certainly endorse. She stated that over the past two (2) years that they have successfully employed and still have in their employment three (3) individuals that have passed through the Catholic Worker Community, two of which are currently pursuing educations at Ivy Tech. In addition to simply the housing situation, there really is a very positive effort that is occurring in that four or five block area and it is important for the Council to be aware of. She urged the Council’s favorable consideration of this bill. There was no one present wishing to speak in opposition to this bill. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Davis seconded the motion which carried by a voice vote of nine (9) ayes. 4 REGULAR MEETING MARCH 9, 2009 Councilmember Rouse asked what are we doing for the Jerry Brown’s out there. Jerry Brown was a homeless person who most everyone knew. He burned up in a garage, transported to Ft. Wayne and died of his burns. As we address these issues he has a lot of questions because there is a lot of folks out there just like Jerry. He stated that he is very pleased with Our Lady of the Road and the work that they are doing, but what is being done for the person or memories of the Jerry Browns. Michael Baxter responded that in the Catholic Worker, they see these problems and know that there are a lot of programs and agencies that provide important elements to the solution. For them, they take them one by one by one. Personalism is kind of a praise that is associated with the Catholic Work. They feel that when they take someone in they get to know them and this is a very powerful enabling thing for a person to do who is destined to and call to do by God, which is to flourish. He stated that they try one person at a time. People that walk into their houses or walk through the door at Our Lady of the Road, they know by name. One of the men that was killed in the manhole murders lived with him for two years, he had his faults but was a good guy and talked to him a week before he was killed about Our Lady of the Road and he was all for it. He stated that there are a lot of guys out there like that and women too. So that is what they do, one by one by one. BILL NO. 04-09 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 14 FOOT WIDE ALLEY BEING THE FIRST EAST-WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH-SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD Councilmember LaFountain, Vice-Chairperson, Public Works and Property Vacation Committee held a hearing on this bill this afternoon and send it to the full Council with a favorable recommendation. Mr. Derek Spier, Planner, Abonmarche, 750 Lincoln Way East, South Bend, Indiana, representing the Northeast Neighborhood Revitalization Organization. Mr. Spier advised that NNRO owns to vacate lots to the north of the area to be vacated along with Weiss Homes. Since the meeting two weeks ago, they have had the opportunities to meet with the Weymon’s who were the sole remonstrators at the last meeting. At that meeting Weiss Homes did agree to dedicate and record an ingress/egress easement on the South lot line of the second lot. Essentially this would retain access, public access would still be maintained by the 14’ wide alley and Turnock Street and at the same time Weiss will still have enough width to build two (2) houses. They did submit the subdivision plat this morning to the Area Plan Commission, so they anticipate receiving approval and recording the plat within six (6) to seven (7) weeks. Councilmember Oliver Davis thanked Mr. Spier for following through on meeting with the remonstrators and the peaceful outcome of the vacation. 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 Dieter made a motion for favorable recommendation to full Council. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Henry Davis stated that he would like to see an issue like this resolved in a more timely fashion. 5 REGULAR MEETING MARCH 9, 2009 BILL NO. 14-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL AND PROGRAM EXPENDITURES FOR THE FISCAL YEAR 2009 INCLUDING, $298,000 FROM THE PARKS NON-REVERTING CAPITAL FUND, $115,000 FROM THE COVELESKI STADIUM FUND, $100,000 FROM THE NON-REVERTING RECREATION FUND, $4,000 FROM THE EAST RACE WATERWAY, $1,500 FROM THE CEMETERY TRUST FUND Councilmember Ann Puzzello, Chairperson, PARC Committee, reported that this committee met this afternoon on this bill and sends it to full Council with a favorable recommendation. 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 would allow the Park Department to get started on several initiatives before the Spring Season starts and all of these requests are from users’ fees they are not from property tax dollars. She stated that there is enough cash to appropriate these expenditures. Council Attorney Kathleen Cekanski-Farrand stated that Exhibit A is now officially on record. 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 Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Ann Puzzello, 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 7:38 p.m. Council President Derek D. Dieter presided with nine (9) members present. 6 REGULAR MEETING MARCH 9, 2009 BILLS – THIRD READING ORDINANCE NO. 9908-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 744 SOUTH MAIN STREET, COUNCILMANIC DISTRICT SIX (6) IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Rouse made a motion to pass this bill as amended. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9909-09 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 14 FOOT WIDE ALLEY BEING THE FIRST EAST-WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH-SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD This bill had third reading. Councilmember Varner 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. 9910-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL AND PROGRAM EXPENDITURES FOR THE FISCAL YEAR 2009 INCLUDING, $298,000 FROM THE PARKS NON-REVERTING CAPITAL FUND, $115,000 FROM THE COVELESKI STADIUM FUND, $100,000 FROM THE NON-REVERTING RECREATION FUND, $4,000 FROM THE EAST RACE WATERWAY, $1,500 FROM THE CEMETERY TRUST FUND 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 BILL NO. 09-19 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REQUESTING THE SOUTH BEND REDEVELOPMENT COMMISSION TO STUDY IN GREATER DETAIL THE REQUEST TO FUND THE NEW TECH HIGH SCHOOL AND TO MEET PUBLICLY WITH THE COUNCIL Councilmember Varner made a motion to continue this bill until the March 23, 2009 meeting of the Council. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. 7 REGULAR MEETING MARCH 9, 2009 RESOLUTION NO. 3953-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING OF AND PROCLAIMING SUPPORT AND PARTICIPATION IN THE DECENNIAL CENSUS 2010 , WHEREAS the 2010 CENSUS, the decennial census of population and housing, will enumerate the United States according to the Constitution on Census Day, April 1, 2010, and , WHEREAS Information from the 2010 CENSUS will form the basis for decisions on issues important to the City of South Bend, Indiana such as reapportionment and redistricting, distribution of public funds, and decision making and planning, both public and private, and will have far-reaching implications for all of us, well into the next millennium, and , WHEREASthe City of South Bend, Indiana agrees to be one of the government entities in partnership with the U. S. Bureau of the Census by jointly formulating, participating and cooperating in a COMPLETE COUNT COMMITTEE, along with St. Joseph County, IN, the City of Mishawaka, the Towns of Lakeville, New Carlisle, North Liberty, Osceola, Roseland, and Walkerton, and the Village of Indian Village, to ensure the 2010 CENSUS is an accurate and complete count of the Nation’s population and housing, and , WHEREASthe City of South Bend, Indiana understands its primary role in this partnership is to formulate and participate in a COMPLETE COUNT COMMITTEE to recognize the equal importance of each resident in the 2010 CENSUS, and which COMMITTEE is composed of, but is not limited to the following Sub-Committees: An Educational Sub-Committee to create Census awareness programs for pre-kindergarten to college age students, coalesce with educational institutions, develop and distribute Census Bureau Education Programs, and to encourage parents and college students to apply for Census jobs. A Media Sub-Committee to utilize all aspects of its industry to inform, motivate, and educate resident’s in the necessity and importance of their rapid response mail back and 100% participation in Census 2010, hosting Census Awareness Activities, and to receive and disseminate to all segments of the community information regarding the availability of Census jobs in the local area. A Business Sub-Committee to encourage all area businesses to advertise the Census message in sales advertisements, promotional materials and displays, employee communication venues, and to sponsor Census 2010 community awareness activities. An Organizations and Faith Based Sub-Committee to form a coalition of the social, housing, religious and not-for-profit agencies for the dissemination of Census information, to make the community aware of the many ways Census data is used to obtain funding for essential services and programs, by inclusion of special announcements in church bulletins and sermons, hosting Census Awareness Activities, circulation of Census job opening bulletins, and assist in the location of shelters, soup kitchens, non- sheltered outdoor locations, group quarters, and other non-conventional housing facilities. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 8 REGULAR MEETING MARCH 9, 2009 Section I. We, the Common Council of the City of South Bend, Indiana, respectively hereby proclaim full support of, and participation in, the overwhelming success of the DECENNIAL CENSUS 2010. Section II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain , 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney TH Attest: Adopted this 12 day of March, 2009 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember LaFountain, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Mr. Chris Dressel, Community & Economic Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Dressel stated that he is representing the 2010 Census Complete Count Committee. He stated that as the Council may be aware, the next decennial census, Census 2010, is a year away. As part of the Census Bureau’s effort to ensure as complete count as possible, Complete Count Committees are encourage to be formed. The Committees are a group of citizens charged with assisting the Census Bureau with community-specific strategies that would educate, motivate and inspire all residents to fill out their Census forms. A Complete Count Committee has been formed, and has been diligently working on development strategies since December 2008. The Committee consists of citizens from throughout the County. This ensures that all jurisdictions understand the importance of having their residents counted, and participate in the strategies to make that happen to the fullest extent possible. The Census Bureau also encourages that jurisdictions pass either a resolution or an agreement showing support for the Census 2010 effort. Mr. Dressel stated that South Bend’s response rate for the last census was only 69%. He stated that is the main motivating factor and would like to see improvement on that response rate. A Public Hearing was held on the Resolution at this time. Councilmember Davis asked what Mishawaka response rate was? Mr. Dressel stated that he did not have that information. Kathleen Cekanski-Farrand stated that it was 63%. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Rouse made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 9 REGULAR MEETING MARCH 9, 2009 BILL NO. 09-21 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2001 WEST WASHINGTON STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE-YEAR REAL PROPERTY TAX ABATEMENT FOR ROYAL HOLDINGS, INC. D.B.A. ROYAL ADHESIVES BILL NO. 09-22 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2001 WEST WASHINGTON STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ROYAL HOLDINGS, INC. D.B.A. ROYAL ADHESIVES Councilmember Varner made a motion to combine these bills for purposes of Public Hearing. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3954-09 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2001 WEST WASHINGTON STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE-YEAR REAL PROPERTY TAX ABATEMENT FOR ROYAL HOLDINGS, INC. D.B.A. ROYAL ADHESIVES 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 2001 West Washington Street, South Bend, Indiana, and which is more particularly described as follows: PARCEL I: Lots Numbered Sixty-seven (67), Sixty-eight (68), Sixty-nine (69), Seventy (70), Seventy-one (71), Seventy-two (72), Seventy-three (73) Seventy-four (74), Seventy-five (75), Seventy-six (76) and Seventy- seven (77) as shown on the recorded Plat of Clement Studebaker’s Oak Grove Subdivision in the City of South Bend, recorded in Plat Book 7, page 4 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL II: Lots Numbered One (1), Two (2), Three (3), Four (4) and Five (5) as shown on the recorded Plat of Hosinski’s Subdivision of Lot Numbered 43 in College Grove Addition to the City of South Bend, recorded April 6, 1920 in Plat Book 10, page 103 in the Office of the Recorder of St. Joseph County, Indiana. 10 REGULAR MEETING MARCH 9, 2009 PARCEL III: Lots Numbered Twenty-eight (28), Twenty-nine (28), Thirty (30), Thirty-one (31), Thirty-two (32), Thirty-three (33), inclusive and Lots Numbered Forty-four (44), Forty-five (45), Forty-six (46), Forty- seven (47) and Forty-eight (48) as shown on the recorded Plat of College Grove and Addition to the Town, now City of South Bend and Lot “A” as shown on the recorded Plat of Clement Studebaker’s Oak Grove Subdivision in the City of South Bend, recorded in Plat Book 7, page 4 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL IV: The vacated Grant, Johnson and Brookfield Streets running from the North line of Washington Avenue and the South line of Orange Street; also the vacated Colfax Avenue running from the West line of Jackson Street to the West line of Lot 48 in College Grove Addition extended North; also the vacated alley lying West and adjacent to Lots 1, 2, 3 and 5 Hosinski’s Subdivision. PARCEL V: An easement for ingress and egress in, upon and over the following described real estate: Beginning at a point 4-1/2 feet West of the Northeast corner of Lot Thirty (30) in College Grove Addition; thence North on a line parallel to the East line of Lot 30 a distance of 10.00 feet; thence East on a line parallel with the North lines of Lots 29 and 30 a distance of 105.00 feet; thence South on a line parallel to the West lot line of Lot 29 a distance of 10.00 feet to a point on the North line of Lot 29, said point being 37.00 feet East of the Northwest corner of Lot 29; thence West on and along the North line of Lot 29, extended across vacated Johnson Street, and the North line of Lot 30, a distance of 105.00 feet to the point of beginning. and which has Key Number 18-2003-0032 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 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 three (3) 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. 11 REGULAR MEETING MARCH 9, 2009 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/Derek D. Dieter Member of the Common Council RESOLUTION NO. 3955-09 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2001 WEST WASHINGTON STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ROYAL HOLDINGS, INC. D.B.A. ROYAL ADHESIVES 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 2001 West Washington Street, South Bend, Indiana, and which is more particularly described as follows: PARCEL I: Lots Numbered Sixty-seven (67), Sixty-eight (68), Sixty-nine (69), Seventy (70), Seventy-one (71), Seventy-two (72), Seventy-three (73) Seventy-four (74), Seventy-five (75), Seventy-six (76) and Seventy- seven (77) as shown on the recorded Plat of Clement Studebaker’s Oak Grove Subdivision in the City of South Bend, recorded in Plat Book 7, page 4 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL II: Lots Numbered One (1), Two (2), Three (3), Four (4) and Five (5) as shown on the recorded Plat of Hosinski’s Subdivision of Lot Numbered 43 in College Grove Addition to the City of South Bend, recorded April 6, 1920 in Plat Book 10, page 103 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL III: Lots Numbered Twenty-eight (28), Twenty-nine (28), Thirty (30), Thirty-one (31), Thirty-two (32), Thirty-three (33), inclusive and Lots Numbered Forty-four (44), Forty-five (45), Forty-six (46), Forty- seven (47) and Forty-eight (48) as shown on the recorded Plat of College Grove and Addition to the Town, now City of South Bend and Lot “A” as shown on the recorded Plat of Clement Studebaker’s Oak Grove Subdivision in the City of South Bend, recorded in Plat Book 7, page 4 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL IV: The vacated Grant, Johnson and Brookfield Streets running from the North line of Washington Avenue and the South line of Orange Street; also the vacated Colfax Avenue running from the West line of Jackson Street to the West line of Lot 48 in College Grove Addition extended North; also the vacated alley lying West and adjacent to Lots 1, 2, 3 and 5 Hosinski’s Subdivision. PARCEL V: An easement for ingress and egress in, upon and over the following described real estate: Beginning at a point 4-1/2 feet West of the Northeast corner of Lot Thirty (30) in College Grove Addition; thence North on a line parallel to the East line of Lot 30 a distance of 10.00 feet; 12 REGULAR MEETING MARCH 9, 2009 thence East on a line parallel with the North lines of Lots 29 and 30 a distance of 105.00 feet; thence South on a line parallel to the West lot line of Lot 29 a distance of 10.00 feet to a point on the North line of Lot 29, said point being 37.00 feet East of the Northwest corner of Lot 29; thence West on and along the North line of Lot 29, extended across vacated Johnson Street, and the North line of Lot 30, a distance of 105.00 feet to the point of beginning. and which has Tax Key Number 18-2003-0032 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 remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of 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/Derek D. Dieter Member of the Common Council Mr. Gary Stenke, CFO, Royal Holdings, Inc., 2001 W. Washington Street, South Bend, Indiana, made the presentation for these bills. Mr. Stenke stated that Royal Holdings is petition for real and personal property tax abatements for their location at 2001 W. Washington Street. He stated that Royal Adhesives is a maker of specialty adhesives for use in industrial and commercial settings. The Petitioner is proposing to (a) demolish an old O’Brien Paint building and replace it with an 8,294 square foot factory building; (b) equip the new building for a state of the art specialty adhesive mixing operation; and (c) add a 22,525 square foot warehouse to support the operation. The total cost of the construction portion of the project is estimated at $1,127,543. He stated that the equipment to be purchased includes mixers, raw material storage tanks, various pilot mixers for development work and testing equipment associated with the production and testing of specialty adhesives. Some equipment may be used; however, all used equipment would be acquired from outside the State of Indiana. The equipment to be installed on the site has a total estimated cost of $3,168,075. He noted that per the petition, it is estimated that the project will create twenty-eight (28) new, permanent full-time positions with an annual payroll of $1,390,806. The project will also maintain one hundred sixteen (116) existing permanent full-time positions, including 25 existing permanent full-time minority employees, with a 13 REGULAR MEETING MARCH 9, 2009 total annual payroll of $6,137,614. Total taxes to be abated during the five (5) year abatement period are estimated at $53,424. Total additional taxes to be paid as a result of the project during the five-year abatement period are estimated at $177,784. nd Councilmember Rouse thanked Mr. Stenke for this project and being an anchor in the 2 District of South Bend. Councilmember Varner stated that when businesses are successful and expanding in the City of South Bend he stated that they would appreciate it if they would spread the word. He stated that the Council wants to be helpful, they try to be helpful, and it is a difficult market out there. Councilmember Varner asked Mr. Stenke to contact Mr. Phil Damico at the Chamber of Commerce, who is partially funded at the expense of the City and let him know that you would like to hear from him on occasion, so that if something comes along he can help. Mr. Stenke advised that he has been in contact with Mr. Damico and that he has helped him a great deal. Councilmember Varner thanked Mr. Stenke and Mr. Damico. 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 these Resolutions. Councilmember White made a motion to adopt Bill No. 09-21. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Varner made a motion to adopt Bill No. 09-22. Councilmember Rouse seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3956-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALER/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2009 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on March 4, 2009 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: LKQ Self Service Auto Parts, 1602 S. Lafayette Blvd. A-1 Auto Parts, 2014 S. Lafayette Blvd. have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operations Licenses for the year 2009. WHEREAS, the license applications for all above-referenced businesses received favorable recommendations from the Department of Code Enforcement, Police Department, Fire Prevention Bureau, Department of Water Works, and the Building Department. 14 REGULAR MEETING MARCH 9, 2009 NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses: LKQ Self Service Auto Parts, 1602 S. Lafayette Blvd. A-1 Auto Parts, 2014 S. Lafayette Blvd. are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, Fire Prevention Bureau, Department of Water Works, and the Building Department as evidenced by the Ordinance Violation Bureau Clerk’s communication to the City Clerk dated March 4, 2009. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember LaFountain, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and send it to the full Council with a favorable recommendation. th John Voorde, City Clerk, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Voorde advised that as City Clerk he is responsible for the Ordinance Violations Bureau. As you might recall last year the Council turned over the process of approving Scrap Metal/Junk Dealer/Recycling Operation Licenses to the Office of the City Clerk and this is the first by-product of that measure. He stated that there are two businesses LKQ Self Service Auto Parts, 1602 S. Lafayette Blvd. and A-1 Auto Parts, 2014 S. Lafayette Blvd. He stated that favorable recommendations have been received regarding fire code and environmental compliance and also for maintenance of the premises as well as for the fence. He noted that they have met all the requirements of the ordinance and is submitted for the Council favorable adoption. Councilmember Rouse asked Mr. Voorde how the transition was going from the Controller’s Office to the Clerk’s Office. Mr. Voorde responded that the Ordinance Violations Bureau Clerk Winona Hays has exhibited her usual thoroughness and attention to detail in this matter. He stated that she has followed up with applicants who have filed for their licenses. Councilmember Rouse asked Mr. Voorde if inspections on site would have to be done by the office staff. Mr. Voorde stated that he was not aware of having to personally go out and inspect any of the properties is question. He stated that they would do anything to get the job done within reason. 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 these Resolutions. Councilmember Puzzello made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 15 REGULAR MEETING MARCH 9, 2009 RESOLUTION NO. 3957-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO ESTABLISH THE EFFECTIVE DATE OF THE VACATION OF REAL PROPERTY PURSUANT TO ORDINANCE #9467-03 WHEREAS, on December 24, 2003 the South Bend Common Council passed substituted and amended Ordinance #9467-03, which at Section V specifically provided the following: This ordinance as to the First Street petitioned be vacated, Bartlett Street, shall be passed by the Common Council and be in full force and effect when passed with the effective date of the vacation being established by Resolution being filed for Council consideration by the Administration which addresses the progress of construction of New Bartlett Street, and sets forth a date certain for the effective Date of the vacation of said Bartlett Street, which Resolution shall be subject to the approval of the Common Council and the Mayor. WHEREAS, pursuant to Section V of Ordinance #9467-03, it is necessary to establish the effective date of the vacation of that public real property described more fully in Ordinance #9467-03; and WHEREAS, the City Administration has advised the Common Council that construction of the subject redevelopment project in the general vicinity of Bartlett Street near the intersection with Main Street near Memorial Hospital of South Bend is substantially complete; and WHEREAS, the Common Council has been advised further than an effective date no later than March 20, 2009 for vacation of the public real property described in Ordinance #9467-03 is necessary in order for the project to be fully complete per design plans. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. The effective date of the vacation of the public real property described more specifically in South Bend Common Council Ordinance #9467-03 shall be the earlier of the adoption date of this Resolution or March 20, 2009 pursuant to the terms of Section V of that ordinance. Section II. Ordinance #9467-03 shall be deemed fully effective as of the adoption date of the Resolution or March 20, 2009, whichever is earlier. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember LaFountain, Vice-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. th Mr. Gary Gilot, Director, Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that on December 3, 2003 the South Bend Common Council passed (substitute) Ordinance 9467-03 concerning the vacation of real property located at Bartlett Street from the east right-of-way of Lafayette Boulevard, to the west right-of- way of Michigan Street as a necessary part of the Memorial Hospital expansion. At the 16 REGULAR MEETING MARCH 9, 2009 Council’s request, the Ordinance provided at Section V that the effective date for the establishment of this street vacation would require a separate Resolution advising the Council of the progress of the Memorial expansion project. Mr. Gilot stated that this specification has been done and apologized for being a little tardy in getting the Council the effective date. 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 these Resolutions. Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS – FIRST READING BILL NO. 16-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 117 NORTH TAYLOR STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 17-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $750,000.00 FROM COMMUNITY DEVELOPMENT FUND (#212) FOR EQUIPMENT FOR INNOVATION PARK AT NOTRE DAME This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on March 23, 2009. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 18-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,000,000.00 FROM STATE GRANT FUND (#210) FOR CONSTRUCTION AND/OR EQUIPMENT FOR INNOVATION PARK AT NOTRE DAME This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on March 23, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 17 REGULAR MEETING MARCH 9, 2009 BILL NO. 19-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $175,000 RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE WEED & SEED PROGRAM This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on March 23, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 20-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3423 AND 3507 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA, WITH CONTIGUOUS VACANT LAND, COUNCILMANIC DISTRICT SIX IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 21-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 244 SOUTH OLIVE STREET, SOUTH BEND, IN 46619, COUNCILMANIC ND DISTRICT 2 DISTRICT IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Area Plan Commission. Councilmember Oliver Davis 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 he participated with Lynn Coleman from the Mayor’s Office in the LeadND Program on Friday, February 27, 2009. He stated that the Council Chamber’s were full of middle school students from the various schools around South Bend. He stated that the students had very good questions regarding government and how the local government works. He noted that the students are going to working on a project this summer painting at various locations around the City and this will be supervised by the Department Code Enforcement. He commended the Washington High School Girl’s Basketball Team for making the State Finals. He thanked the entire staff at Washington High School and commended the students for exhibiting the pride of the West Side and the pride of the City of South Bend. th Councilmember Karen suggested the 6 District for the LeadND Painting Program. She stated that graffiti has been a problem and that area no longer has the Weed & Seed Program available to them due to budget constraints. Councilmember Rouse thanked a long time Washington High School History teacher who is present in the audience tonight Connie Green. He also stated that he is a member of the Solid Waste Management Board and that he attended a meeting last week. He advised that Solid Waste is still in the process of distributing bins to residents. He stated 18 REGULAR MEETING MARCH 9, 2009 that the rebate promotion has been table due to the decline in the commodities and will be brought back for consideration at a later date. Councilmember Varner advised that the Eddy Street Commons Project that everybody was excited about had a lot of commitments made by developers during the meetings with the Council. He stated that the Council Representative to the Architectural Review Board for the Eddy Street Commons Project is Mr. William B. Berry. He noted that Mr. Berry sent a letter to the Council on March 5, 2009 advising the Council on the ongoing development as well as overseeing the implementation of the fifteen (15) Developer Commitments to the Council which were added to the original PUD by the Council. Councilmember Varner stated that he has received phone calls concerning item (D) in reference to sufficient physical space allowed at the IU Med Center Tree Buffer Zone, along the rear of the Commons Building along the west side of Eddy Street. He noted that the artistic sketches show trees, but the allocated space doesn’t appear to be sufficient. In addition, it appears that sufficient space for a fire truck to squeeze behind the buildings from Napoleon St. has not be provided. Councilmember Varner requested that a copy of that letter be sent to the developer KITE Realty and the attention of Doug Marsh from the University of Notre Dame to respond to that issue. John Voorde stated that he attended the State Wide Mock Trial Competition this past weekend in Indianapolis. Out of the top ten prizes awarded to the top ten teams seven were from this area. Four from Adams High School, with Adams winning the best team overall. He noted that one of the members of the team is a Youth Council Member mentored by Councilmember Karen White. He stated that it is amazing to see the Youth of South Bend participating in such a wonderful organization. Councilmember White advised that the South Bend Youth Advisory Council will be on May Lee Johnson’s radio show on Tuesday, March 17, 2009. She also noted that there will be eight (8) openings on the South Bend Youth Advisory Council. Those eight members are graduating this year and going on to pursue their college careers. She stated that there are applications available on the City’s website and in the Office of the City th Clerk, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. PRIVILEGE OF THE FLOOR COMMENTS FROM MR. GEORGE LANE REGARDING NEW TECH HIGH SCHOOL Mr. George Lane, Executive Director, Citizens for Accountability Inc., stated that he attended the Redevelopment Commission Meeting last week. He stated that he saw Councilmember’s Rouse and Varner there. He stated that he sat through about and 1 ½ hours of the meeting listening to everyone speak about how wonderful this new High Tech High School is going to be. He stated that they talked about using TIF dollars approximately 1 million of those TIF dollars to build this school. He stated that at that meeting Councilmember Rouse stated that those TIF dollars would be better spent on improving the streets and infrastructure in the City of South Bend. He stated that the meeting went on for about 3 hours and he never had a chance to speak. Mr. Lane stated that he raised his hand to speak in opposition and was denied the opportunity to give his statement. He stated that the City is suffering and is in deep need of those funds. Mr. Lane expressed that he would be back when more time allowed. COMMENTS FROM MS. CONSTANCE GREEN REGARDING ELECTRIC POLE IN TREE LAWN Ms. Constance Green, 3217 Dunham, South Bend, Indiana, stated that she sent out an e- mail to each of the Council Members regarding the tree lawn in front of her home. She stated that I & M Electric Company had installed a new electric pole that had massive transformers and breakers etc. She stated that Council Members Oliver Davis and White were the only members that had responded and showed concern. She stated that this is the first time in forty years that the City of South Bend has taken the time to recognize a simple poor citizen. She applauded the Washington High School Basketball Team, the Adams High School Mock Trial Team, and reminded the Council that this City is more 19 REGULAR MEETING MARCH 9, 2009 than just basketball and commendations; it is about dignity and respect. She stated that as Councilmember’s you are elected officials and held accountable for your actions. Ms. Green stated that the Council has been very lax regarding the west side of South Bend. She stated that those residents go without, and then the Council’s appropriates 3 million to Notre Dame for Innovation Park. She stated that she has paid taxes for 40 years and would like to see her tax dollars going back into the west side. Councilmember Rouse asked Mr. Gilot, Director of Public Works, to address Ms. Green’s concerns regarding the electric pole in front of her home in the tree lawn. Mr. Gilot, Director, Public Works, advised that the issue was forwarding to Engineering and they are in the process of investigating with AEP to get the answer. He stated that he does not have all the answers tonight. He stated that they believe that the equipment is not a safety hazard, it’s grounded, it has an antenna, and there is a small box with some electrical equipment in it. He stated that he believes it is related to a pilot program for Smart Meters in town. He stated that he doesn’t have all the answers, but as soon as he gets them he will forward it to all the Councilmember’s and get back to Ms. Green. Councilmember Davis stated that when it was brought to his attention he went out to the neighborhood and talked with some of the residents and their biggest concern is that they did not know that this project was taking place. He stated that he learned that there was one meeting at St. Adalbert’s Church. Father Chris Cox, C.S.C hosting the meeting to discuss these large electric poles being installed. Councilmember Davis stated that the problem is that not everyone in that neighborhood is affiliated with St. Adalbert’s and a lot of residents were not aware of what was going on. Mr. Gilot stated that there are challenges with new technology in town. He likened it to people love cell phones, but they don’t like cell towers; people want to have access and a choice to what video product, but you get those white cabinets showing up in a grouping all over town and now with smart meters, where you can actual manage your house electric bill and get a lower price and be more energy efficient home, there is some technology that needs to be placed in the field. In the past when it was just poles and wires for street lights there was a blanket understanding that I&M is the incumbent electric company and could place those poles anywhere. As the utility companies start to put devices that support new technologies that we all want to have, they make our lives better, but the placement of those needs to be done with more sensitivity, we don’t like to see it right in front of someone’s picture window. They belong in the right-of-way somewhere, but they need to pick lot lines between houses so that it is visually screened and perhaps with some landscape buffering. He stated that they are onto the problem and are trying to manage some very large private utilities. Councilmember Henry Davis asked Mr. Gilot that if the poles that were put up along Western Avenue were tied into this Smart Meter program. Mr. Gilot stated that they were two totally separate items. The poles along Western Avenue were help with power outages. COMMENTS FROM MR. ED THOMAS REGARDING INNOVATION PARK Mr. Thomas Klempay, 1733 S. Walnut, South Bend, Indiana, stated that he works for Five Guys Burger and Fries and that they have a tentative lease to located in the Eddy Streets Commons. He asked if the Eddy Street Commons and Innovation Park are going to be considered part of South Bend or will it be considered Notre Dame and also will it receive tax money from the City of South Bend. Councilmember Varner stated that Eddy Street Commons and Innovation Park are two separate projects. Innovation Park (the land) is located in the City and did receive money from the City of South Bend’s Department of Economic Development in the form State Grant monies. He stated that Notre Dame is currently in the process of trying to achieve tax exempt status on the buildings, if that is the case, then there will be no revenue to the City. Eddy Street Commons is also in a TIF District and those dollars that would be captured would go back into that TIF District 20 REGULAR MEETING MARCH 9, 2009 COMMENTS FROM MR. RICHARD GREEN, II REGARDING ELECTRIC POLE IN TREE LAWN Mr. Richard Green II, 1428 Dubail, South Bend, Indiana, stated that he is Ms. Connie Green’s son and that he takes his children over to his mom’s house at 3217 Dunham Street. He stated that there is a transformer pole in the tree lawn in front of his mother’s home, but the box is easily accessible. He stated that in that block alone there are sixteen children along with his two children, for a total of eighteen children. He stated that the pole is right in front of her picture window, it depreciates his mother’s house. He asked if the other member’s of the Council who have not been by to stop by and see it. He urged the Council to advise the public works department to do something. He stated that there is no landscaping, no buffering, it’s just right there. He stated that he has to park right in front of it when he is dropping off his children. He stated that there are children and people walking up and down this street daily. He stated that with summer coming, there are going to be children playing and he doesn’t want to see another child getting hurt because a utility box was inadvertently left open. ADJOURNMENT There being no further business to come before the President Derek D. Dieter adjourned the meeting at 8:27 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 21