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HomeMy WebLinkAbout06-08-09 Common Council Meeting REGULAR MEETING JUNE 8, 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, June 8, 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 Karen L. White At-Large Absent: Al “Buddy” Kirsits At-Large OTHERS PRESENT: Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney Mary Beth Wisniewski Chief Deputy Absent: John Voorde City Clerk REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the May 26, 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 Puzzello made a motion that the minutes of the May 26, 2009 meetings of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 3972-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE JOHN ADAMS HIGH SCHOOL’S MOCK TRIAL TEAM FOR WINNING THE 2009 NATIONAL HIGH SCHOOL MOCK TRIAL CHAMPIONSHIP Whereas, the National Mock Trial Championship began in 1984 in Des Moines, Iowa, and is designed to give high school students an inside perspective of the legal system by providing them with an understanding of the mechanism through which society chooses to resolve disputes; and provides high school students with practical 1 REGULAR MEETING JUNE 8, 2009 knowledge about how our legal system operates while developing in each of them a reasoned and informed commitment to democracy; and Whereas, through mock trials, high school students gain an understanding of society’s approach to dispute resolution and justice through an experiential learning opportunity where they can acquire skills in critical thinking and reasoning, effective communication, team work and citizenship involving a hypothetical case where mock trial team members compete in actual courtrooms and display their knowledge; and Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that this year’s National High School Mock Trial Championship was held in Atlanta, Georgia, and focused on the case of the State of Georgia v. Ashley Dougherty which drew the best high school teams from 42 states, U.S. territories and South Korea, who competed in the two-day mock trial competition; and Whereas, the Common Council would especially like to publicly recognize that the members of the John Adams High School Mock Trial Teamis the first team from the State of Indiana to ever win the National High School Trial Championship, and the Common Council salutes each of the members of the John Adams High School Mock Trial Program, Judith Overmyer, the teacher at John Adams who oversees this outstanding program, Jay Tidmarsh, a Notre Dame Law School Professor who coaches the team with Coach Lucas Burkett; and thanks each of these talented high school students: Josh Courtney Allison Saisson Gabe Young Jennifer Deeter Chris Silvestri Kieran Neal, Alternate Adam Kern Eilis Smyth David Kern, Timekeeper Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby congratulates each and every member of the 2008-2009 John Adams High School Mock Trial Team, their program’s organizer and sponsor, Judith Overmyer, and their coaches Jay Tidmarsh and Lucas Burkett, for winning the 2009 National Mock Trial Championship in Atlanta, Georgia! Section II. The South Bend Common Council notes that for the past 13 years, John Adams High School has developed an exceptional mock trial program which has won many Indiana state titles. The Council believes that the hard-work, discipline, and dedication of the students on the National Championship Mock Trial Team from John Adams High has enabled each of these especially dedicated and talented students to be excellent role models for all students throughout our country; and each team member has brought the highest of honors to themselves, their family and friends, John Adams High School, the South Bend Community School Corporation, and all of the residents of the City of South Bend, Indiana. Section III. This Resolution shall be in full force and effect from and after its adoption by the 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 8 day of June, 2009 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend 2 REGULAR MEETING JUNE 8, 2009 Councilmember Tom LaFountain, 1224 Longfellow, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Ms. Judith Overmyer, sponsor, for the John Adams High School Mock Trial Team. A Public Hearing was held on the Resolution at this time. Mayor Luecke offered comments and congratulated the members of the Adams High School Mock Trial Team and their sponsor Ms. Judith Overmyer. Additionally, Councilmembers Henry Davis, White, Puzzello offered comments and congratulated sponsor, Judith Overymeyer and the members of the Adams High School Mock Trial Team on winning the 2009 National High School Mock Trial Championship. There was no one present wishing to speak in opposition to this Resolution. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Oliver Davis seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:16 p.m. Councilmember Henry Davis made a motion to resolve into the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) 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. PUBLIC HEARINGS BILL NO. 62-08 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3454 DOUGLAS ROAD, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis, Vice-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, South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from CB Community Business District to CB Community Business District to allow Permitted uses allowed in CB Community Business District, excepting those within the written commitments. On site is Brown Mackie College, currently under construction. To the north is Memorial Home Care zoned CB Community Business District. To the east is a dance school zoned LB Local Business. To the south are homes zoned R Single Family District (County). To the west are single family homes zoned R Single Family District (County.) The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Development within the CB District shall be coordinated to facilitate vehicular and pedestrian access 3 REGULAR MEETING JUNE 8, 2009 from nearby residential districts. The total site is 12.13 acres. The site plan shows a 46,008 square foot office building, which is currently under construction, and 479 parking spaces. Improvements will cover 38.3% of the lot. An additional 77 parking spaces have been set aside for the future. The remaining open space will be 61.7% of the site. The northwest portion of the site was rezoned from SF1 Single Family and Two Family District and OB Office Buffer District to CB Community Business District in September of 2005. In October 2007 a petition to rezone the entire property to CB Community Business was approved subject to written commitments. The written commitments were approved in December 2008. Douglas Road is currently two lanes and is currently being widened to four lanes. The site will be serviced by municipal water and sewer. According to the FIRM Maps by FEMA, the southern part of this site, which is part of the proposed parking lot, is located in the floodplain. The Wetland Inventory Maps indicate there are wetlands in the southwest corner of the site. She stated that based on information available prior to the public hearing, staff recommends that the petition be sent to the Common Council with a favorable recommendation subject to the following written commitments based on those recorded as part of the 2007 rezoning: 1. That there shall be no vehicular or pedestrian ingress or egress to or from the subject property, and both Elkins Street and McErlain Street; 2. That there shall be a cross access easement from the subject property to neighboring lots with Tax Key Numbers 24- 2023-0548 and 24-2023-0548.01; 3. That no controlled uses are allowed on the southern 260 feet of the subject property; 4. That the only controlled uses that will be allowed on the rest of the site are: bar/tavern and billiard hall; 5. That an earthen mound be constructed and maintained near and along the southern boundary of the non-residential zoning area where no mound currently exists. However, if the existing mound is removed, a new earthen mound shall be constructed and shaped by September 1, 2009, as shown on Exhibit A. Access paths made of serviceable materials with sufficient strength shall be proved as shown on Exhibit A to allow the City of South Bend to perform maintenance and inspection with heavy equipment. Evergreen trees with a minimum height of 6 feet shall be planted in staggered pattern, where achievable, on the new mound every 15 feet by November 15, 2009. Trees shall be replaced with new 6foot high trees as needed; 6. That no structure, building or sign exceeding 24 feet in height shall be constructed or placed on the southern 150 feet of subject property. Lighting on the southern side of any structure within the southern one hundred and fifty feet (150’) of the subject property shall be cut-off type. Example attached showing cut-off-type and mound as Exhibit B. All parking lot lighting will comply with dark skies recommendations and be constructed so as to not allow any direct rays of light to be seen from the lens in the lighting fixture or the bulb itself from any presently developed adjacent residential property on the south side of McErlain Street. Lighting on the western side of any structure adjacent to Elkins Street shall be of cut-off type shown on Exhibit B. Ms. Nayder concluded that the site if a logical extension of the commercial area along Douglas Road. The written commitments would help protect the residential area to the south. Mr. Paul Phair, Holladay Corporation, 227 S. Main Street, South Bend, Indiana, made the presentation for this bill. Mr. Phair advised that that the reason for this rezoning is to allow Brown Mackie College to relocate their campus. The site plan shows a 46,008 square foot building which is currently under construction sits on approximately 12.13 acres. There are 479 parking spaces and the improvements will cover 38.3% of the lot. There is an additional 77 parking spaces that have been set aside for the future. The remaining open space will be 61.7% of the site. He stated that the written commitments are a good compromise for the neighbors who are present tonight and are going to speak in favor of this rezoning as well as beautify the project. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Wanda Shock, 17346 McErlain, South Bend, Indiana, stated that she is here tonight as a neighbor and President of the Juday Creek Homeowners Association. She stated that they have come to an agreement and do recommend approval of this plan. 4 REGULAR MEETING JUNE 8, 2009 There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 20-09 PUBLIC HEARING 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 Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Oliver Davis, Vice-President, 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 Mr. Joel Klug, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Klug advised that the petitioner is requesting a zone change from MU Mixed Use District to SF2 Single Family and Two Family District to allow Renovation of an existing building for a new primary and secondary public charter school. On site is an existing 44,500 square foot vacant commercial building with a large vacant area long Main Street. To the north are single family homes zoned SF2 Single Family & Two Family District. To the east are offices zoned OB Office Buffer, the South Bend Motel zoned LB Local Business District, and single family homes zoned SF2 Single Family & Two Family District. To the south is Rehab Ministries and a parking lot zone LB Local Business District. To the west are single family homes zoned SF2 Single Family & Two Family District. A site plan is not required for this rezoning. In 1992 the subject property was rezoned from “B” Residential and “D” Light Industrial to “C” Commercial. In 2002 a revised final site plan was approved. When the new zoning ordinance and map were adopted in 2004, the subject property was zoned MU Mixed Use District. Dean Street has two lanes. Main Street has two southbound lanes. Sherwood Street has two lanes. Michigan Street has three northbound lanes. The site is served by municipal water and sewer. This rezoning will allow for the adaptive re-use of a vacant building. The proposed school will be a community asset that is consistent with the surrounding land use. The re-use of this building will contribute to the growth of the neighborhood as well as the South Gateway Commercial Corridor. Ms. Wendy Walker Dyes, Attorney, Baker & Daniels LLP, 202 S. Michigan, Suite 1400, South Bend, Indiana, made the presentation on behalf of Xavier Charter School Excellence. Ms. Walker Dyes advised that this is an exciting adaptive re-use of this building. She stated that in order to locate the school here they are doing about one and half million dollars in renovation without changing the footprint extensively. It is a great re-use of the existing building and surrounding area. She stated that they anticipate the school opening for the 2009 – 2010 school year and will serve up to three hundred students in the first year, from kindergarten through fifth grade. She stated that they will expand later to grade eight. 5 REGULAR MEETING JUNE 8, 2009 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Edward Friend, 3305 S. Michigan Street, South Bend, Indiana, stated that he lives just one block north of the proposed building. He stated that he has lived their approximately 46 years and has seen a lot of changes in the neighborhood. He stated that he is personally in favor of this rezoning. However, given the large population of South Bend and St. Joseph County, he was dumbfounded to learn from the Area Plan Commission that there is no zoning classification or legal definition of school zone. He stated that to have to rezone this property to SF2 Single Family and Two Family District to allow for a primary and secondary public charter school is beyond his comprehension. He asked the Council to seriously consider revising the zoning code to allow for schools. He also noted that he was very appreciative that the school was going to filter out some of windows that face South Michigan Street so that the students would not be able to see some of the unfavorable activity that on occasion takes places. Ms. Lee Holland, Principal, Xavier Charter School of Excellence, stated that this rezoning would allow a great opportunity for the community. She stated that the school’s mission is to allow a globally oriented curriculum and to have local community involvement by the teachers, parents and students. She stated that she believes the school will have a positive impact within the area. Ms. Holland stated that part of the school’s mission states that “excellence is our destiny.” She noted that is what they expect of the children who will attend the school, the staff who will work at the school, those who are on the Board, and those community members who will participate at the school. She stated that making sure that the kids have a safe healthy environment also falls in line with that. She stated that they have made adjustments to the windows that face South Michigan Street to screen out some of the activity that may takes place. She stated that they look forward to being a partner in the community and provide another school choice. Councilmember Varner asked who the school’s charter is. Ms. Holland stated that the Charter is granted by Ball State University and will be managed by American Quality Schools based out of Chicago. Ms. Yolanda Turner Smith, 601 Pennsylvania Avenue, South Bend, Indiana, stated that she is the President of Indiana Schools of Excellence. She stated that is the governing board, which received the Charter to Open Xavier School from Ball State University. She stated that she is in favor of the project and thinks that this is a great opportunity for the entire community. She stated that the school plans to be around for a very long time. For 2009 they are going to have grades K-5 and after that they will go onto the eighth grade. She stated that they plan on having great opportunities for their staff and teachers to be involved in the communities. She stated that part of their mission states that “excellence is our destiny.” That is what they expect of their children who will attend the school, the staff who will work at the school, those who are on the Board, and those community members who will participate at the school. She stated that making sure that the children are in a safe healthy environment also falls in line with that. She stated that they plan to partner with local businesses to reach out to the community and be involved. There being no one else wishing to speak to the Council either in favor or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 23-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 614 EAST IRELAND RD., COUNCILMANIC DISTRICT 5, IN THE CITY OF SOUTH BEND, INDIANA 6 REGULAR MEETING JUNE 8, 2009 Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Oliver Davis, Vice-Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this substitute bill this afternoon and sends it to the full Council with a favorable recommendation. th Mr. Joel Klug, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Klug advised that the petitioner is requesting a zone change from SF1 Single Family and Two Family District to LB Local Business District to allow a retail flower shop. On site is a single family home. To the north is Erskine Golf Course zoned SF1 Single Family & Two Family District. To the east are single family homes zoned SF1 Single Family & Two Family District. To the South is the Veritas Academy and a day care center zoned SF 1 Single Family & Two Family District. To the west is a church zoned SF1 Single Family & Two Family District. The site is approximately 32,235 square feet. Parking areas proposed for the site include six spaces on the north, and six spaces on the south side of the building for a total of twelve parking spaces. Parking, drives, and paved street consist of 26% of the site. A 2,796 square feet (8% of site) building is shown on the site plan which includes a 1,300 +/- square foot existing single family home and an 1,496 +/- addition for studio and storage space. The remaining 66% of the site will remain open space. Three properties at the northwest corner of High St. and Hawbaker St., are zoned other than residential. Only one of these properties uses Hawbaker St. for access. In 2003, the property to the east at the corner of High Street and Ireland Road, was rezoned to commercial for a bank. Ireland Road has four lanes. Hawbaker St. is a two lane residential street. City water and sewer are available to the site. Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation. The development pattern along Ireland Road has been primarily commercial retail and offices uses with pockets of viable residential. The subject property offers adequate space to allow for the use of small retail operation and still be able to provide the necessary buffering to the adjacent single family home. Mr. Richard Eichstedt, 21189 Baneberry Trail, South Bend, Indiana and Ms. Kathy Jaworski, 1013 East Irvington Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Eichstedt advised that they have are the owners of Country Florist. They are a small floral shop located on US 31 South and due to the major moves rerouting on U.S. 31 South they are going to have to move. He stated that they began to look at potential properties and were very pleased with this location on Ireland Road. He stated that the property needs to be renovated and updated to meet building code standards. Mr. Eichstedt and Ms. Jaworski stated that they believe this project will be good for the Ireland Road Corridor and look forward to the opportunity to grow. 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 concerning this bill as substituted. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. 7 REGULAR MEETING JUNE 8, 2009 BILL NO. 35-09 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF MAIN STREET FROM WAYNE STREET SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 14 FEET. SAID ALLEY IS A PART OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. Judy Jankowski, AT& T, 307 S. Main Street, Suite 145, South Bend, Indiana, made the presentation for this bill. Ms. Jankowski advised that they are seeking to vacate the property to provide better access, security, and safer traffic flow of the redesigned parking lot adjacent to the AT&T Building at 307 S. Main Street. 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 concerning this bill as substituted. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 37-09 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF ALLEN STREET FROM LINCOLN WAY WEST TO LINDSEY STREET FOR A DISTANCE OF 146.2 FEET AND A WIDTH OF 14 FEET Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. Mr. Wadad Elummori, 51343 Lilac Road, South Bend, Indiana, made the presentation for this bill. Mr. Elummori advised that they are seeking the vacation for safety reasons and so that they can consolidate the two (2) properties on either side of the alley. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 8 REGULAR MEETING JUNE 8, 2009 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 27-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS PARTS OF SECTION 6-26 OF CHAPTER 6, ARTICLE 6, OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO LOW VOLTAGE CONTRACTORS Councilmember Dieter made a motion to continue this bill indefinitely. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 29-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED USER FEES FOR SPECIAL PUBLIC SAFETY SERVICES PROVIDED BY THE SOUTH BEND POLICE DEPARTMENT Councilmember Dieter made a motion to continue this bill indefinitely. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 38-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2009 FROM THE WATER WORKS DEPRECIATION FUND (#622) AND THE SEWAGE WORKS DEPRECIATION FUND (#642) Councilmember White made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Oliver Davis, Chairperson, Utilities Committee, reported that this committee held a Pubic Hearing on this substitute 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 this substitute bill includes capital items which are referenced in Exhibit A and attached to the bill. He noted that the Water Works Fund #622 would appropriate $1,107,100 for various main extensions, buying water meters and repairing pumps and roofs. He further noted that capital items will be paid from Environmental Services Fund #641 in the amount of $3,367,000; and $245,300 from Sewers. Mr. Gilot noted that several trucks would be rehabilitated and that there would be a more efficient use of saving of labor costs. He further noted that no property taxes dollars are involved with this appropriation and that these expenditures are coming out of user fees. 9 REGULAR MEETING JUNE 8, 2009 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 concerning this bill as substituted. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 39-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9822-08 WHICH APPROVED TEAMSTER EMPLOYEE WAGES FOR 2009-2010 BY ADJUSTING WAGES OF WATER WORKS SHUT OFF CLERK Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable 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 amends Ordinance Numbers 9791-07 and 9822-08 which approved the Teamster Local No. 364 employee wage. The attached ordinance adjusts the wages of the Water Works Shutoff Clerk because previous Ordinance No. 9822-09 failed to take into account advancement incentive pay earned by this employee in years 1995 and 1998 inclusive which were and should have been forward in her actual wages. In 2009 the adjustment is from $14.17/hr. to $15.38/hr, and in 2010 it will be $15.38/hr to $15.69/hr. She noted that the employee has been with the Water Works Department for over 20 years. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter 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. BILL NO. 36-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED SIX MILLION TWO HUNDRED THOUSAND ($6,200,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH 10 REGULAR MEETING JUNE 8, 2009 Councilmember White made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Oliver Davis, Chairperson, Utilities Committee, reported that this committee held a Pubic Hearing on this substitute bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Phillip J. Faccenda, Jr., Attorney, Barnes & Thornburg, LLP, 600 St. Source Bank Center, 100 North Michigan, South Bend, Indiana, along with Mr. Dave Tungate, South Bend Water Works, 830 N. Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Faccenda advised that this bill would allow for $6.2 million dollars of City of South Bend, Indiana Water Works Revenue Bonds for 2009. Mr. Dave Tungate, South Bend Water Works, 830 N. Michigan Street, South Bend Indiana, stated that the bonds would fund upgrades, expansions, additions, replacements, extensions and improvements to the Water Works including such items as repair and replacement of a roof on the 5.5 million gallon reservoir; repair of an under drain and replacement of the filter media at a filtration plant; replace four (4) main line valves; installation of a water main extension south of Ireland Road ad redesign, repair and replace the control valves for the Ireland Road Tank; installation of a water main extension from Carroll Street and Johnson Road to Lucinda Street and to US 31 from Lilac Road to Armstrong Drive along Kern Road; purchase two (2) tandem axle dump trucks and one (1) backhoe; purchase residential water meters. Mr. Faccenda noted that the Indiana State Revolving Fund has approved a $300,000 grant; and that the Federal Stimulus money is for “shovel ready projects” many of which are backlogged projects, but that the city has not received confirmation from the federal government if these projects meet their criteria. He noted that no rate increase is anticipated as a result of the proposed revenue bonds. He stated that the modifications in the substitute bill reflect changes requested by the State Revolving Fund (SRF) Program and primarily involve the establishment of a separate debt service reserve for bonds sold to the SRF, consent rights of the SRF to the taking of certain actions for bonds sold to the SRF, and other minor modifications in connections with the SRF Program. 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 as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember White made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. 11 REGULAR MEETING JUNE 8, 2009 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 8:07 p.m. President Derek D. Dieter presided with eight (8) members present. BILLS – THIRD READING ORDINANCE NO. 9930-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3454 DOUGLAS ROAD, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White 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 eight (8) ayes. Additionally, Councilmember White made a motion to pass this bill as amended. Councilmember Rouse seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9931-09 AN ORDINANCE 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 third reading. Councilmember White made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Rouse made a motion to pass this bill as amended. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9932-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 614 EAST IRELAND RD., COUNCILMANIC DISTRICT 5, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to amend this bill as in the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Varner 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 eight (8) ayes. 12 REGULAR MEETING JUNE 8, 2009 ORDINANCE NO. 9933-09 AN ORDINANCE VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF MAIN STREET FROM WAYNE STREET SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 14 FEET. SAID ALLEY IS A PART OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 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 eight (8) ayes. ORDINANCE NO. 9934-09 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF ALLEN STREET FROM LINCOLN WAY WEST TO LINDSEY STREET FOR A DISTANCE OF 146.2 FEET AND A WIDTH OF 14 FEET 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 eight (8) ayes. ORDINANCE NO. 9935-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2009 FROM THE WATER WORKS DEPRECIATION FUND (#622) AND THE SEWAGE WORKS DEPRECIATION FUND (#642) This bill had third reading. Councilmember Varner 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 eight (8) ayes. Additionally, Councilmember Varner 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 eight (8) ayes. ORDINANCE NO. 9936-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9822-08 WHICH APPROVED TEAMSTER EMPLOYEE WAGES FOR 2009-2010 BY ADJUSTING WAGES OF WATER WORKS SHUT OFF CLERK 13 REGULAR MEETING JUNE 8, 2009 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 eight (8) ayes. ORDINANCE NO. 9937-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED SIX MILLION TWO HUNDRED THOUSAND ($6,200,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH This bill had third reading. Councilmember White 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 eight (8) ayes. Additionally, Councilmember Puzzello 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 eight (8) ayes. RESOLUTIONS BILL NO. 09-41 A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 4406 ASHARD DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR CLELAND BUILDERS, INC. BILL NO. 09-42 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 4406 ASHARD DRIVE, IN JADE CROSSING – SECTION I AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSE OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CLELAND BUILDERS, INC. 14 REGULAR MEETING JUNE 8, 2009 Councilmember White made a motion to combine Bill Nos. 09-41 and 09-42 for the purpose of Public Hearing. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Rouse, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on these bills this afternoon and voted to send both Bill Nos. 09-41 and 09-42 to the full Council with no recommendation. Mr. Bernie Feeney, Registered Land Surveyor, 715 South Michigan, South Bend, Indiana, made the presentation for this bill on behalf of the petitioner, Cleland Builders. Mr. Feeney advised that this particular piece of property was omitted from an earlier renewal on the abatement for Jade Crossing Section I, omitted at the direction of the Economic Development Department and the reason for that omission was because this particular piece of property contains a house. The house is currently being used by Cleland Builders as a model home and is asking for their abatement at this time so that the model home can be sold. This sale is contingent upon the abatement being granted for this particular piece of property. Councilmember Rouse stated that Cleland Builders was using this model home as an office and had usage of that property and paying taxes. He stated that the house was built in 2006 and paid a total of $255.00 in taxes on that particular piece of property. He stated that he wanted to know why Cleland Builders would come before this Council and asked for a Tax Abatement, given this history of how generous this Council has been to Cleland Builders and know that the City has a budget crisis, knowing that they have not paid proper taxes on this property for three years. Mr. Feeney that this Council has not only be gracious but has along with the predecessors who sat on this Council before had tremendous foresight in granting abatement not only on this piece of property but a number of pieces of property throughout the City of South Bend. Tax Abatement was created as a tool to stimulate building within the City of South Bend. As a result, many developers, Cleland Builders among them have decided to take their land and at their expense extend sewer and water to the property, develop the property and annex it into the City of South Bend. Not only because of the sewer and water that is available to them, but also because of the economic stimulus provided through abatement. This has been a bold move that has created building starts with the City of South Bend. Those building starts have created a not so much a lessening of property taxes, but they have allowed taxes to increase less rapidly than they might have otherwise have without these homes, to spread some of the tax burden throughout the city. This home in and of itself, by its definition as a model home has been provided special treatment by the Indiana Legislature. The Indiana Legislature back in 1975-1980 in conjunction with the Indiana Association of Home Builders in active legislation which home builders to build spec homes or model homes that were allowed to be taxed at a pro-rata portion of the original rate at which the undeveloped land was taxed. Mr. Feeney gave an example of a 40 acre piece of land and it was developed into eight (80) th home sites and build one home on one of those home sites, 1/80 would be paid in taxes. And that would remain in effect until that home was sold to the first owner. This allowed builders to construct model homes to show their skill to the public in a real environment, where the public would find it desirable to build homes not only of that type but in that sub-division. That stimulus kept the building industry going through many lean times like the one that this economy is going through right now and has suited the building industry and the State of Indiana throughout those lean times. That law is still on the books and that law is the reason that Cleland Builders has approximately $73.00 in taxes over the past three years on this particular piece of property. This is by no means a rationalization but once this piece of property is sold, if the abatement is granted, there will be an increase of approximately six times that rate of taxes for a period of five (5) years. That six times increase may not sound like much that after that five year period, it will revert to its normal rate which will twenty times the amount that it currently pays. It will be consistent with the other homes in that subdivision. This home like others in that 15 REGULAR MEETING JUNE 8, 2009 subdivision will pay a reduced amount of taxes for a five year time period, there are some homes in the subdivision that are coming out of that abatement and are paying full taxes. Those homes will be there much longer than the five year period that is being discussed. Mr. Feeney stated that he lives in a home that was constructed in 1918 and that home has been generating tax dollars since the day it was built. This home will generate tax dollars since the day it was built and will continue to generate tax dollars for as long as it exists and for as long as it is owned as a home. Mr. Feeney stated that what he is trying to do is to continue through these tough economic times by stimulating the economy by helping Cleland Builders sell this home. If the Council chooses not to grant abatement to this home, these home owners may go elsewhere, be it outside the city into the county. He stated that this is a tool that the Council granted long ago to the City of South Bend for stimulation of home building in this city. It is a tool that he hopes the Council will continue to use to help minimize the effect of future taxes on tax payers like himself, who live within the City. Councilmember Rouse asked Mr. Feeney if he was aware that back in March of 2008, that the Indiana State Legislature passed a bill called HEA 1001 that gives taxpayers all across the county and state a tremendous amount of reduction in the taxes that they pay. He asked Mr. Feeney is he was aware that municipalities like South Bend are faced with a major crisis on how to provide services to taxpayers such as you. So the picture that has been painting of this wonderful process to where taxes are leveled in has changed as of 2008, which accounts for why the Council could allow tax abatement pretty liberally, prior to the major budget crisis that this Council is confronting right now. Mr. Rouse thanked Mr. Feeney for his in depth presentation and for answering his questions. Mr. Feeney stated that the City of South Bend is going through a budget crisis the same as builders and developers and even land surveyors are going through as we speak. He stated that they all hope to make it out the other end; they are all working toward that end. It is a painful process that everyone goes through and like it was said earlier that it never becomes easier. He said that he has been through this process before during the recession at least three times since he has been in business. He stated that he truly understands what the Council and City is being faced with, but he sees this as a viable and vibrate tool to use to stimulate real estate, residential real estate at least within the City of South Bend. Mr. Rouse again thanked Mr. Feeney for his presentation. He again reiterated that no Council in the history of South Bend has ever been faced with the financial crisis that is before this Council right now. 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 Puzzello made a motion to adopt Bill No. 09-41. No second on the motion, the motion dies. Councilmember Rouse made a motion to defeat Bill No. 09-41. Councilmember Henry Davis seconded the motion. The motion was carried and the Resolution was defeated by a roll call vote of six (6) ayes and two (2) nays (Councilmember’s Puzzello, Dieter.) Councilmember Puzzello advised that she has always been consistent on her voting on tax abatement resolutions. She believes that Cleland has paid taxes on this particular piece of property and that does not have any bearing on the granting of this abatement. She stated that if this Council is going to not grant tax abatements on residential property, then a meeting of the entire Council needs to be held to discuss this issue. Councilmember Henry Davis stated that since 2006 and 2007, the Council has had information regarding the Circuit Breaker coming into effect and why he has consistently voted against residential tax abatement because the Council was fully aware of what was going on. He stated that it would behoove the Council now to start looking towards doing a moratorium on tax abatements on residential properties. He stated that the Council needs to be clear on their standings regarding tax abatement. 16 REGULAR MEETING JUNE 8, 2009 Councilmember Rouse stated that he appreciates Councilmember Puzzello’s comments. However, he stated that tax abatements are not an entitlement that is why the Council reviews each one. He stated that this Council selectively decides on how it is going to award tax abatement. He stated that the law does allow, it doesn’t demand tax abatement. Just because a citizen comes and applies for a tax abatement doesn’t mean they are going to automatically be granted. Councilmember Rouse stated that he is not calling for a moratorium on tax abatements; however he doesn’t understand how this Council can continuously look at new money and give away old money. He stated that he doesn’t understand how the Council can look at the shortage in the general fund which comes from property tax and consistently give tax abatement where it would induce the fund that the city has. He doesn’t understand that, but prior to HB 1001, tax abatement did not impact the budget, since HB 1001 it does, because the levy could always be increase, the tax levy cannot be raised now. He stated that if the Council wants to have a discussion on the moratorium, they can do that, but understand since HB 1001, there is a cap on how much that this city can charge in property tax, prior to HB 1001, there was a 5% that could be floated with the tax levy, this is a new day people and the Council can’t happen about what happened yesterday. The Council has to function and make decision based upon the parameters that have been given to date. He stated that he is not against tax abatement and in some cases they are warranted, but the general conception that tax abatement is an entitlement is not realistic today, when the city is talking about cutting 50 firemen and 40 police officers and wonder where the money is coming from. He stated that this is his personal opinion, but that is the way he sees the world today. Councilmember Varner stated that when this has happened in the past that a lot has been left out or the basement was dug or a permit was issued before the abatement was granted, didn’t this have to come back to the Council as a special exception? Council Attorney Kathleen Cekanski-Farrand stated that it has always been a two step process. The first resolution was a waiver, suspending the rules with regard to a building being built and a permit being pulled. That waiver was heard at one meeting and then there was a separate Declaratory Resolution was heard at another meeting. Councilmember Varner stated that with regard to HB 1001, if it has done nothing else it has caused a lot of confusion and concern that he has. He stated that abatement was created to make taxes more even by living in the city as opposed to living in the county. He stated that with the adoption of HB 1001, if the assumption is made of the assessment process is legitimate and even, fair and accurate across the board, a $100,000 home in the county will pay essentially the same taxes as a $100,000 in the city, then that discrepancy has disappeared with the adoption of that. He stated that does it make sense to continue abatements, as has been suggested when there is no longer a tax differential. The Council went from trying to create evenness and now if tax abatements are created they will be creating a tax advantage and it is something that the Council needs to have more discussion on before they come to a conclusion. He stated that whoever buys this house is going to be taxed on the sales price of the house and 1% as a maximum and they will have already the tax abatement built in compared to their neighbors. He stated that is how he interprets it; however, he may be just as confused as everybody else. Council Attorney Kathleen Cekanski-Farrand stated that Bill No. 09-42 is mute, because it would be contingent upon the passage of Bill No. 09-41, which was defeated. RESOLUTION NO. 3973-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE CITY ADVISORY NEGOTIATING TEAM FOR THE 2009 POLICE DEPARTMENT AND FIRE DEPARTMENT NEGOTIATIONS 17 REGULAR MEETING JUNE 8, 2009 Whereas, pursuant to Indiana Code § 36-8-3-3(d), the Common Council has the exclusive authority and mandatory duty to fix, by ordinance, the annual compensation for all members of the South Bend Fire Department and the South Bend Police Department; with the Indiana judiciary ruling that the “Common Council of the city has the sole authority to set the salaries of the police and fire departments…”; and Whereas, pursuant to Indiana Code § 36-8-4-4, the Common Council has authority addressing additional compensation matters with the Indiana Court of Appeals ruling that the Common Council was vested with the sole authority to fix the amount of clothing allowance and that annual cash allowance for clothing is considered compensation; and Whereas, the Common Council acknowledges that the Board of Public Safety has certain responsibilities over the Police and Fire Departments under Indiana Code § 36-8- 3-2; and Whereas, the Common Council received a letter from a representative of the South Bend Firefighter’s Association Local 362, and also received a letter from a representative of the Fraternal Order of Police, South Bend Lodge No. 36, with each union requesting to begin negotiations; and Whereas, this Resolution will formally appoint the South Bend Common Council’s Agent and Chief Negotiator on all matters of compensation and all other monetary items subject to the upcoming negotiations with the Negotiating Teams representing the sworn members of the South Bend Fire Department and the South Bend Police Department; and Whereas, the Common Council is mindful of past successes where a Chief Negotiator acts as the Council’s Agent in representing their interests, who would in turn appoint an City Advisory Negotiating Team and work with the Board of Public Safety’s Agent and provide updates to the Common Council during executive sessions called for the exclusive purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5-14-1.5-6.1(b) (2) (A); and Whereas, the City Advisory Negotiating Team shall not be considered a “governing body” or “public agency” under Indiana Code § 5-14-1.5-2; and Whereas, the South Bend Common Council believes that the adoption of this Resolution and the upcoming process will promote positive and harmonious labor negotiations, during very difficult and challenging fiscal times. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, appoints Kathleen Cekanski-Farrand, a local attorney, as its Agent and Chief Negotiator for the upcoming labor negotiations with Fire Negotiating Team, representing the South Bend Firefighters’ Association Local No. 362 of the International Association of Firefighters AFL-CIO and the Police Negotiating Team, representing the Fraternal Order of Police, Lodge No. 36. Mrs. Cekanski-Farrand shall be the City’s Chief Spokesperson and negotiator concerning all matters related to annual compensation, specialty pays, monetary fringe benefits, working conditions and related items which have a fiscal and/or budgetary impact. Section II. The Council’s Agent shall coordinate matters of strategies, research and background preparation, negotiation times, scheduling of executive sessions, contacting resource persons and other matters in consultation with the South Bend Common Council and City Administration. The Council’s Agent shall work closely with the persons appointed to the City Advisory Negotiating Team and shall coordinate and 18 REGULAR MEETING JUNE 8, 2009 work closely with the Board of Public Safety’s Agent and Chief Negotiator throughout the upcoming negotiations. 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. 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 4 day of June, 2009 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember LaFountain, Chairperson, Personnel and Finance Committee reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Council President Dieter made the formal presentation for this bill. He noted that the Council had the opportunity to discuss ideas with regard to strategy during their Executive Session. He noted that he believes that all ideas and concerns were properly addressed. Councilmember White advised that she as Chairperson of the Health & Public Safety Committee would like to see parameters defined and continued discussion on the on going negotiations between the Police Departments and Fire Departments. She stated that there needs to be clear direction this year to the City’s Agent and to those who will be selected by the Council President to be a part of an advisory negotiating team. She stated that the Council and Administration are very much aware that monies are limited due to HEA 1001. 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 Varner 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 eight (8) ayes. RESOLUTION NO. 3974-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION , WHEREAS the South Bend Redevelopment Commission (the “Commission”), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the “Act”), on May 1, 2009, approved and adopted its Resolution No. 19 REGULAR MEETING JUNE 8, 2009 2580 (the “Declaratory Resolution”) amending the acquisition list in the West Washington-Chapin Development Area Development Plan (the “Plan”) for the West Washington-Chapin Development Area (the “Area”) and amending the West Washington-Chapin Development Area Development Plan (the “Plan Amendment”); and , WHEREAS the Plan Amendment calls for the addition of the Hansel Center, located at 1045 West Washington St., South Bend, Indiana, to the Acquisition List contained within the Plan; and , WHEREAS the St. Joseph County Area Plan Commission (the “Plan Commission”), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the “City”), on May 19, 2009, adopted and approved a resolution, a copy of which is attached hereto as Exhibit A, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the “Plan Commission Order”); and , WHEREAS Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and , WHEREAS the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Plan Commission Order attached hereto is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 26th day of May, 2009. s/Derek D. Dieter Member of the Common Council Councilmember Rouse, 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. Bill Schalliol, Economic Development Planner, Community and Economic th Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Schalliol advised that at the May 26, 2009 meeting of the Council this bill was presented and after much discussion it was decided to continue this bill until tonight’s Common Council Meeting to address two issues, (1) neighborhood/community support for the project and (2) issue related to the Redevelopment Commission’s investment into the project. Mr. Schalliol addressed the neighborhood support for the project. He stated that the Redevelopment staff worked with two organizations: The Near West Side Neighborhood Organization and the South Bend and St. Joseph County Historic Preservation Commission to obtain support letters for the project. Mr. Schalliol stated that the Near West Side Neighborhood Organization met on the same night as the Common Council’s last meeting Tuesday, May 26, 2009. At that time they were voting 20 REGULAR MEETING JUNE 8, 2009 on a Resolution in support of the renovation and adaptive reuse of the Hansel Center for the proposed Notre Dame Center for Arts and Culture. The Resolution was passed by the Near West Side Neighborhood Organization. The second communication was from Catherine Hostetler, Director of the South Bend and St. Joseph County Historic Preservation Commission, and the letter states the commission’s support for the adaptive reuse of the Hansel Center as a means for preserving this National Register designated structure listed as Outstanding in the City of South Bend 2005 Interim Report of Historic Sites and Structures. Mr. Schalliol stated that the second item that the Council asked him to address was the concern that the University of Notre Dame might not follow through on its planned use of the building. Mr. Schalliol advised that spearheading the adaptive reuse of the building as Notre Dame’s Center of Art and Culture is Gil Cardenas, who is the Notre Dame Assistant Provost, the Director of the Latino Institute for Latino Studies and the Julian Samora Chair in Latino Studies. Mr. Cardenas is currently working on the Memorandum of Understanding between the University and various interested parties, including the City of South Bend. He stated that Mr. Cardenas also has raised substantial donations to be used for the interior rehab of the Hansel Center, which will be used concurrently with the use of Commission funds on the exterior and grounds of the building. Mr. Schalliol stated that the Redevelopment Staff feels that Mr. Cardenas’ commitment to this project, and his position with the University of Notre Dame is sufficient evidence that the University will follow through in the adaptive reuse of the Hansel Center in to the Notre Dame Center of Art and Culture. A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of this bill. Ms. Noreen Dean-Moran, 716 W. Colfax Avenue, South Bend, Indiana, stated that this project is for the betterment of the good. She stated that this building was once the Children’s Dispensary and then was the home to the Hansel Center. She stated that the building has been vacant for a very long time and unfortunately during that time it had been vandalized. She stated that Indiana University of South Bend is investing right across the street in the building that once was the Natatorium. It is now going to be the Civil Rights Heritage Center. Ms. Dean Moran stated that she this project as stabilization for the neighborhood. Mr. Richard Williams, 700 W. Washington, South Bend, Indiana, stated that he is very excited for the substantial change in the area. He stated that it started with the new Fire Station located on Martin Luther King Jr. Drive and the investment by IUSB for the Civil Rights Heritage Center and now Notre Dame investing millions of dollars into the renovation of the Hansel Center into the University of Notre Dame’s Institute of Latino Studies. Ms. Monica Tetzlaft, 1232 Longfellow, South Bend, Indiana stated that she was very happy to see the renovation of the Natatorium by IUSB in to the Civil Rights Heritage Center and now is very excited to see the University of Notre Dame stepping up and making a commitment to the City by renovating the Hansel Center into the Institute for Latino Studies. She stated that this is a positive step to revitalizing the West Washington Street Neighborhood. Ms. Pamela Matthews, 613 S. Liberty Street, South Bend, Indiana advised that she is an st intern in the 21 Century Scholar’s Program. She noted that diversity is very much a part of South Bend. She stated that the Hispanic culture is very much alive in the South Bend Community and is empowering it’s youth to be involved in positive ways in the neighborhood. She stated that she is very much in favor of this Resolution. Ms. Susan Visser, 627 Leland, South Bend, Indiana, advised that she is the Director of the South Bend Regional Museum of Art. Ms. Visser stated that she is in favor of this project and believes that a cultural center is an excellent addition to the neighborhood and the City of South Bend. 21 REGULAR MEETING JUNE 8, 2009 Mr. David James, 916 Emerson Street, South Bend, Indiana, stated that he grew up and lived on the west side of South Bend for many years until moving to his Emerson Street home. He stated that this project blends in well with the IUSB Civil Rights Heritage Center directly across the street. He stated that the City of South Bend has a much diverse population and how appropriate to have two institutions like IUSB and the University of Notre Dame coming together to renovate to buildings that have been vacate for a very long time to house the Civil Rights Heritage Center and now the Institute of Latino Studies. He stated that this is just the beginning for the City of South Bend to walk the walk. He stated that this City needs help and this project is a great opportunity for the neighborhood. He urged the Council’s favorable recommendation. Ms. Connie Blair, 1012 W. Washington Street, South Bend, Indiana, stated that she has lived in the neighborhood her entire life. She stated that the change in the neighborhood has been monumental. For a period of time the neighborhood had declined and is now starting to revitalize. She stated that she now lets her four year old niece play in the front yard. Ms. Blair stated that this project is a positive use for the building and encourage the Council’s favorable adoption. The following individuals spoke in opposition to the bill: Ms. Rita Kopala, 61550 Ivy Road, Lakeville, Indiana, advised that she is not totally against the bill. However, she feels that the University of Notre Dame has sufficient means to pay for the entire project. She stated that it would be nice to see the University of Notre Dame donate the entire amount of money that is needed to complete this project. She stated that if they want to do this project then they should just do it on their own. Councilmember Henry Davis advised that he believes that the area does not need another not for profit organization going into his District. He would like to see retail shopping for the residents of the Second District. He also questioned if the workers will look like him and also questioned whose idea was this? In Rebuttal, Mr. Schalliol stated that he had nothing further to add, but urged the Council favorable consideration. Mr. Allert Brown-Gort, Assistant Director Institute for Latino Studies, University of Notre Dame, residing at 202 S. Filbert, New Carlisle, Indiana, noted that the Institute will be staffed by professionals. He noted that the Institute will have three highly qualified individuals who are proficient in the area of Latino Studies. Mr. Brown-Gort stated that he believes this project will increase the quality of life in the neighborhood and be a great asset to the neighborhood along with IUSB’s Civil Rights Heritage Center. He advised that the idea was an evolution. Ms. Jackie Ruckert, IUSB Director of Multi-Cultural Students, asked Councilmember Henry Davis to keep the issue of workers that looked like him separate from this Resolution. She stated that this is the best use of funds for this dilapidated building. She further advised that IUSB and Notre Dame are going to be the best neighbors for the entire area as they possible can be. Ms. Glady’s Muhammad, South Bend Heritage Foundation, stated that for the past thirty (30) plus years the neighborhood has been struggling to revitalize itself. She stated that the area has been a haven to drugs, crime and everything else illegally imaginable. She stated that it was the City of South Bend and South Bend Heritage Foundation together to revitalize the west side of South Bend. She stated that they went to IUSB and suggested the idea of a Civil Rights Center for the African Heritage. She stated that they went to the business community to get the Save-A-Lot Grocery Store on Chapin Street and to the hospital to get the health facility. She stated that those facilities did not come to them. She stated that it takes collaboration, communication and working together as an entire community to get new development to invest in a neighborhood. Ms. Muhammad stated that everyone is welcome to attend the Near Northwest Neighborhood meetings and 22 REGULAR MEETING JUNE 8, 2009 encourage Mr. Henry Davis to attend. She stated that the University of Notre Dame Center of Art and Culture and Latino Studies is a viable institution and will be a welcomed neighbor. Mr. Phil Byrd, South Bend Heritage Foundation, advised that South Bend Heritage has a loan on the Hansel Center Building in the amount of $70,000.00. He stated that Architect Pat Lynch along with South Bend Heritage had conversations with the University of Notre Dame’s Institute for Latino Studies because they were in need of relocating their facility. Mr. Byrd reiterated that the $70,000.00 is to pay off the loan that South Bend Heritage made to the Hansel Center. He stated that there were no under table discussions. There was no one else present wishing to speak in favor or in opposition to this bill. Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis) RESOLUTION NO. 3975-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALER/RECYCLING OPERATION LICENSE 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 June 23, 2009 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following business: Indiana Auto Parts 3300 S. Main St. has been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operation License for the year 2009. WHEREAS, the license application for the above-referenced business received favorable recommendations from the Department of Code Enforcement, Police Department, Fire Prevention Bureau, Department of Water Works, and the Building Department. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license application for the following business: Indiana Auto Parts 3300 S. Main St. is approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the property 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 June 23, 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. 23 REGULAR MEETING JUNE 8, 2009 s/Derek D. Dieter Member of the Common Council Councilmember LaFountain, Chairperson, Personnel and Finance Committee reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Winona Hays, Ordinance Violations Bureau Clerk, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Hays advised that the renewal application for operation of Scrap Metal/Junk Dealers/Recycling Operation has received favorable recommendation from the Police Department, Fire Inspection Bureau, Water Works, Department of Code Enforcement and the Building Department. The applicant Indiana Auto Parts, 3300 S. Main Street has met all of the requirements of the ordinance. Ms. Hays asked for the Council’s favorable consideration. 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 Varner 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 eight (8) ayes. RESOLUTION NO. 3976-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN AGREEMENT EXTENDING THE ST. JOSEPH COUNTY HOUSING CONSORTIUM AND AUTHORIZING THE EXECUTION THEREOF WHEREAS, On November 28, 1990, the National Affordable Housing Act (NAHA) of 1990, also known as the Cranston-Gonzales Act, became law, to implement its stated goal that every American family be able to afford a decent home; and WHEREAS, NAHA requires any governmental unit to formulate and submit appropriate plans in order to be eligible to receive funds from several existing federal programs, including Community Development Block Grants (CDBG), the HOME Investment Partnership Program (HOME), Emergency Shelter Grants (ESG), as well as to be eligible to receive funds from new housing assistance programs created by NAHA; and WHEREAS, NAHA provides for the designation of geographically contiguous units of general local government to participate as consortia in, and thereby be considered a single Unit of general local government, for purposes of HOME; and WHEREAS, I. C. 36-1-7, the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise, jointly or by one entity on behalf of the others, powers that may be exercised by such units severally; and WHEREAS, pursuant to the lnterlocal Cooperation Act, the Cities of South Bend and Mishawaka, and the County of St. Joseph, being contiguous units of general local government have formed the St. Joseph Housing Consortium, which, by agreement of the member entities, is to terminate on December 31, 2009; and 24 REGULAR MEETING JUNE 8, 2009 WHEREAS, the Cities of South Bend, Mishawaka, and St. Joseph County are desirous of re-establishing the Consortium for the purposes of receiving an allocation and participating in the HOME, CDBG, ESG, and all other housing programs administered by HUD for which they may be eligible, and for the purpose of cooperating to undertake or to assist in the undertaking of housing assistance activities for HOME and other HUD programs, including using a January 1 start date for each program year; and WHEREAS, substantially similar resolutions will be approved by the St. Joseph County Council and the Mishawaka Common Council. NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA UNDER I.C. 36-1-7, THE INDIANA INTERLOCAL COOPERATION ACT, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section I. THAT The Common Council of the City of South Bend, Indiana has considered and hereby approves the extension of and participation in the St. Joseph County Housing Consortium for purposes of the formulation, update, submission and implementation of applicable plans and programs and the implementation of the HOME Investment Partnerships Program (HOME), Emergency Shelter Grants Programs (ESG) and other housing assistance programs funded by the Department of Housing and Urban Development (HUD) under the National Affordable Housing Act of 1990 (NAHA). Section II. THAT The Common Council of the City of South Bend, Indiana hereby authorizes the Mayor to enter into an Agreement extending the St. Joseph County Housing Consortium in form or substance the same as, or similar to, that of the Agreement attached hereto. Section III. THAT The Common Council of the City of South Bend, Indiana hereby confirms its commitment to the goals and the reality of fair housing within the City of South Bend. Section IV. 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 Rouse, 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. th Ms. Pam Meyer, Director, Community Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that this bill would authorize the Mayor of South Bend to execute documents to re-establish the St. Joseph County Housing Consortium under an interlocal agreement between the Cities of South Bend, Mishawaka, and St. Joseph County. The Consortium was originally established in 1991 and since that time has brought over 13 million dollars of HOME program funding for low-income assistance into the community. She stated that the Consortium’s current agreement covering the period of 2007-09 is set to expire on December 31, 2009. The Department of Housing and Urban Development (HUD) process requires a written notification of intent to participate, and the passage of a resolution authorizing the chief elected officer of the jurisdiction to execute renewal documents. The renewal agreement will cover years 2010-2012. She stated that re-establishing the Consortium will allow continuation of this valuable resource. 25 REGULAR MEETING JUNE 8, 2009 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 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 eight (8) ayes. BILLS, FIRST READING BILL NO. 40-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $578,644.00 FROM STUDEBAKER/OLIVER REVITALIZATION GRANTS FUND (#209) FOR ENVIRONMENTAL CLEAN- UP OF BROWNFIELD SITES This bill had first reading. Councilmember White made a motion to refer this bill to the Community and Economic Development Committee and set for Public Hearing and Third Reading on June 22, 2009. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 41-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 113 LAUREL STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set for Public Hearing and Third Reading on June 22, 2009. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 42-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 305 EDDY STREET/1032 EAST WAYNE STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set for Public Hearing and Third Reading on June 22, 2009. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. 26 REGULAR MEETING JUNE 8, 2009 BILL NO. 43-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $74,500 FROM HALL OF FAME DEPRECIATION FUND (#677) This bill had first reading. Councilmember White made a motion to refer this bill to the Personnel and Finance Committee and set for Public Hearing and Third Reading on June 22, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 44-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING MONIES FROM VARIOUS FUNDS TO DEPLETED PROPERTY TAX FUNDS WITHIN THE CITY This bill had first reading. Councilmember White made a motion to refer this bill to the Personnel and Finance Committee and set for Public Hearing and Third Reading on June 22, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 45-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1351 AND 1355 PYLE AVENUE AND THE ADJACENT VACANT LOT LYING TO THE NORTH, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS BILL NO. 09-43 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 747 S. MICHIGAN STREET, SOUTH BEND, INDIANA BILL NO. 09-44 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1823 S. ST. JOSEPH STREET 27 REGULAR MEETING JUNE 8, 2009 Councilmember Varner made a motion to refer Bill Nos. 09-43 and 09-44 to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on June 22, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS Councilmember Henry Davis advised that he is going to get back to LaSalle Square and find out what ever happened for the funding for that project. He stated that they have not yet to date see any TIF dollars funded to that area, outside of what is being used to pay for some consultants to come and give their opinion on what could be done given the population of the area. He stated that he is going on record stating that the city needs to get on with the needs of the residents living around LaSalle Square. He stated that it seems to him that if not-for-profit organization can get tax dollars, for profit businesses should want to move into the area, the city should be able to facilitate that and quickly as possible. He stated that the physician’s offices on Bendix Dr. are now open. He stated that he would like to see more retail businesses on the west side of South Bend instead of not-for-profits. The City of South Bend has enough not-for-profit organizations, not paying taxes or generating job creation. He also advised that the perception of the west side of South Bend is not good. He stated that has to stop, because there are good people who live, work, and are raising their families on the west side who deserve better. Council President Dieter asked Councilmember Henry Davis if he would like to have a special meeting under Councilmember Rouse’s Community and Economic Development Committee to have an update from Mr. Jeff Gibney, Director, Economic Development regarding LaSalle Square and also the amount of jobs that have been coming to South Bend, since Mr. Gibney was appointed as the Director. Councilmember Rouse stated so noted. Councilmember White advised that the Health and Public Safety Committee will meet nd upon the recommendation of Councilmember Henry Davis, 2 District, will be having a quality of life ordinance discussion June 10, 2009 at 5:00 p.m., at the University of Notre Dame, Community Relations Office, 217 S. Michigan, South Bend, Indiana. She and Councilmember Henry Davis encourage all Council and members of the public to attend. She stated that this is a continuance of her round-table discussions and taking them to all the various councilmanic districts. PRIVILEGE OF THE FLOOR COMMENTS FROM MS. RITA KOPALA REGARDING NOT-FOR-PROFIT ORGANIZATIONS Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, stated that not-for profits are running ramped on the west side of South Bend. She stated that it is time for the City to say enough is enough. COMMENTS FROM MR. OAKLEY REGARDING THE WHEEL CHAIR RAMP IN FRONT OF THE ROBERTSON APARTMENTS Gene Oakley, 211 S. Michigan Street, South Bend, Indiana, commended Councilmember Henry Davis for his efforts in replacing the wheel chair ramp in front of the Robertson’s Apartment Complex. He stated that after the sidewalk renovation by DTSB had taken place the wheel chair ramp was taken out. He stated that there are eleven (11) residents of the apartment complex that are either in wheel chairs or motorized scooters. He stated that when the ramp was taken out, it made for a very dangerous situation for the residents to gain access to the van that takes them to their various doctor appointments, shopping and everyday needs. He again thanked everyone involved noting Councilmember Henry Davis, Councilmember Varner and MaryAnn Myers in the Mayor’s Office for their help. 28 REGULAR MEETING JUNE 8, 2009 COMMENTS FROM MR. KEVIN HOGGARD REGARDING LOUD AND RAUCOUS NOISE Kevin Hoggard, 735 N. Huey, South Bend, Indiana, advised that he has numerous cars driving up and down his street with loud and raucous noise coming from them. He stated that it happens all hours of the day and night. He stated that on June 10, 2009 he called the South Bend Police Department to file a formal complaint. He stated that when the officer arrived he pulled up and got out of the car and acted like he knew the people in the car with the loud stereo and they just laughed it off. He stated that this kind of activity if affecting his quality of life. He stated that he has researched the South Bend Municipal Code and found that there is a violation under Section 13-57 of the Code that prohibits loud and raucous noise. He asked what can be done. Council President Derek Dieter stated that he has a hot-line number for Mr. Hoggard to call. He stated that when you call in leave the date, time, location, vehicle make, color, and if possible a license plate #. Council President Dieter stated that he will send out a violation letter stating that the next time this plate is called in a ticket will be written. COMMENTS FROM MR. HENRY DAVIS, SR. REGARDING POVERTY Henry Davis, Sr., 215 N. Sheridan Street, South Bend, Indiana, stated that poverty is a situation not a way of life. He stated that the South Bend Common Council has the authority to change the City and abolish poverty. He stated that on his way to the Council Meeting tonight he was at the intersection of William Street and Washington Street and on the northwest corner there is an abandoned apartment complex. He stated that that building has been abandoned for quite some time and wondered why the City has not done anything to either fix it up or tear it down. He reiterated that the Council has the power to change the City and the poverty that encompasses the west side of South Bend and create a better place for its residents to live. ADJOURNMENT There being no further business to come before the President Derek D. Dieter adjourned the meeting at 9:45 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 29