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HomeMy WebLinkAbout08-10-09 Common Council Minutes REGULAR MEETING AUGUST 10, 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, August 10, 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 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: Henry Davis, Jr. 2nd District Al “Buddy” Kirsits At-Large OTHERS PRESENT: John Voorde City Clerk Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney 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 July 27, 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 July 27, 2009 meetings of the Council be accepted and placed on file. Councilmember Puzzello seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:01 p.m. Councilmember Rouse 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 AUGUST 10, 2009 PUBLIC HEARINGS BILL NO. 45-09 PUBLIC HEARING 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 Councilmember Oliver Davis, Vice-Chairperson, Zoning and Annexation Committee reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Nayder advised that the petitioner is requesting a zone change from SF1 Single Family and Two Family District to O Office District to allow for the construction of an office building. On Site is one vacant lot on the north end, and two single family homes on the south end, zoned SF1 Single Family and Two Family District. To the north is a United States Post Office and an office building zoned CB Community Business District. To the east are single family homes zoned SF1 Single Family and Two Family District. To the south are single family homes zoned SF1 Single Family and Two Family District. To the west is a vacant lot and a gas station zone CB Community Business District. She noted the “O” Office District is established to promote the development of: general office uses and complexes; professional health care uses and complexes; limited public and semi-public uses; and, other uses which are generally compatible in physical appearance and service requirements to office uses. The potential for the development of multifamily dwellings is also provided. The site is approximately 0.76 acres. 31 parking spaces have been proposed on the northern portion of the lot. Parking and drives consist of 40.5% of the site. A 6,336 square foot building is proposed for the site, which accounts for 19.2% of the site. The remaining 40.3% of the site is open space. In 1994, a portion of the subject property (Lot A) located on the southwest corner of Edison Road and Pyle Avenue, was rezoned from Residential to Office. The subject property reverted back to Residential due to lack of development. In 2005 the subject property was petitioned to be rezoned from SF1 Single Family & Two Family District to MU Mixed Use District. This petition was denied by the City Council. Edison Road has four lanes. Pyle Avenue has two lanes. City water and sewer is available. City Engineer: Change entrance to Edison Road. Drainage approval is needed. She stated that the comprehensive plan policy plan objective LU2: Encourage a compatible mix of land uses in the community policy LU 2.4: Provide buffer spaces between non-compatible land uses. Objective H 2.5 Pursue alternatives to the demolition of structurally sound housing. This petition is not consistent with the City of South Bend Comprehensive Plan (City Plan) The petition involves the demolition of two seemingly structurally sound single family homes and offers inadequate buffering. The land use plan City of South Bend Comprehensive Plan November 2006 Future Land use Plan: The map shows this property as residential. The rezoning is not consistent with the Future Land Use Map. The petitioned property is located at the northern and western edge of a single family residential neighborhood. The area centered around the intersection of Ironwood Road and Edison Road consists of commercial and office uses. Commercial and office uses continue east from Ironwood to the western border of the petitioned property as well as to the north of Edison Road from the petitioned property. The most desirable use for this property is maintain the existing single family homes with a possible small office us on the northern vacant lot. The approval of this rezoning may have a negative impact on surrounding residential property values. It is responsible development and growth to allow sites to be appropriately redevelopment in keeping with the surrounding area, but at the same time preserving neighborhood stability while protecting entryways. Ms. Nayder 2 REGULAR MEETING AUGUST 10, 2009 further noted that there is some history on this site in 1994 the very northern parcel was rezoned from residential to office and that rezoning reverted back to residential due to the lack of development. In 2005, the property in the configuration that is before the Council this evening was petitioned to be rezoned from SF1 single family and two family District to MU Mixed Use District and that petition was denied by the South Bend Common Council. Based on information available prior to the pubic hearing staff recommends that this petition be sent to the Common Council with an unfavorable recommendation. Ms. Nayder stated that the Area Plan Commission held a public hearing on Tuesday, July 21, 2009 and send this bill to the Common Council with an unfavorable recommendation. She stated that the rezoning would intrude too deep into an established single family residential neighborhood. Office uses to this depth would adversely impact the residential uses on the east side of Pyle Avenue as well as the properties bordering this area to the South. The “O” Office district allows for higher intensity uses that are not compatible with the surrounding single family neighborhood. The impact on the neighborhood could also come from commercial traffic generated by this site traveling through the surrounding residential areas. Councilmember Oliver Davis asked Ms. Nayder to explain some of the written commitments that were discussed in this afternoon’s committee meeting. Ms. Nayder stated that the written commitments discussed were about the height of the fence that is allowed. Anything but the front yard is up to 8’ and the plantings currently are required to be planted at 6’. She stated that the petitioner may articulate the commitments during his presentation. Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the developer Mr. Tiberius Mihalach. Mr. Feeney advised that Mr. Mihalach originally started with his original building at the corner of St. Rd. 23 and Edison Road, that building is currently leased by Pinnacle Software. Following that was a building that he developed at the Southeast corner of Rosemary and Edison approximately ¼ mile to the east of the St. Rd. 23 and Edison that building is leased by two parties, a dentist and a medical professional. Across the street from that is the third building that Mr. Mihalach has done similar to these buildings, and each of these buildings he stressed strongly has been individually designed by his architect for the individual sites. Not one of these buildings so far built has looked like the predecessor to it. He stated that the building across the street just east of Rosemary on the north side of Edison is a building that was built approximately four (4) years ago and was approved by this Council as well as the Area Plan Commission. Mr. Feeney stated that the depth of this property in fact is greater than the depth of the property that is under consideration tonight. He stated that the property built four years ago was also surrounded completely by residential properties on the north side of Edison Road, both single family as well as multi-family properties. He stated that he brought this to the Council’s attention. He stated that the Area Plan Commission’s concern about intrusion into residential neighborhood is valid, but they have recommended approval on intrusion into residential neighborhoods along Edison Road before. This piece of property has been before the Common Council before, this time they did exactly as they had in the past, they sent out notices to all of the residents inviting them to a meeting where they all sat and discussed their concerns of all of the residents in a 300 foot radius. He stated that approximately seven showed up for the meeting and discussed with Mr. Mihalach what they were concerned about. By the time the residents left the meeting they felt comfortable with Mr. Mihalach representations and were essentially on board for the project at this location. Mr. Mihalach has pledged and this is part of the commitments that he will buffer the residents to the south as well as to the west from his building. Mr. Feeney stated that between the times that this had started and today a Kentucky Fried Chicken is the approved user for the piece of property known as the former car wash. Kentucky Fried Chicken on the first Wednesday of this month received approval for a number of variances that would allow them to use the car wash property. That puts a whole new light on what he is doing now. The Kentucky Fried Chicken has one entrance on to Edison Road and they are proposing two (2) entrances onto Chimes Blvd. In 3 REGULAR MEETING AUGUST 10, 2009 contrast what he is proposing and this is a slight change from what Christa from Area Plan had mentioned earlier, that the proposed curb cut entrance to be onto Edison Road as recommended by the City Engineer. He stated that they have changed it from the Pyle Av. access to accommodate not only the City Engineer’s request but also to get the traffic out onto Edison Road and away from some of the residential side streets. He stated that was at least the City Engineer’s concern at that particular point. In addition, what they would indicate is that there are several advantages to approving the “O” Office zoning on this site. There are two existing homes on the site right now; those two homes in reality generate about $5,000.00 in taxes each year. The building that Mr. Mihalach is proposing for this site is approximately 64,000 sq. ft. in size, this building will cost approximately 1 million dollars to construct and after its completion will generate probably in excess of $35,000.00 a year in taxes. Mr. Feeney stated that with the four (4) building’s previously mentioned along Edison Road that Mr. Mihalach would own if this were approved he will then be paying $100,000.00 a year or in excess of $100,000.00 a year in property taxes. Those building continue to generate taxes for the City of South Bend year after year after year. Mr. Feeney stated that Mr. Mihalach currently has a project that he is developing along the north side of Day Road, but that is in the City of Mishawaka. Mr. Feeney stated that he believes the Council would want to make Mr. Mihalach very enchanted with the City of South Bend. He asked the Council to approve the rezoning tonight. Some of the advantages of doing business with Mr. Mihalach is the fact that he has funded each of these individually. Each one of these buildings costs approximately the same, but because of their age is somewhat different in the amount of taxes that they pay. Mr. Mihalach is not only the developer of the buildings that have been previously mentioned but also a number of residential buildings along Northside thth Boulevard between 27 or 29 Street and Logan Street. Mr. Feeney noted that Mr. Mihalach has done a number of single family homes on both side the street and at the current time has begun construction for the City’s first all green condominium project. With those thoughts in mind, Mr. Mihalach has made a number of contributions to not only the North Side area but also the Edison area. He stated that Mr. Mihalach uses local people for all of his construction and maintenance. Mostly importantly in these particular times is the fact that Mr. Mihalach has never asked for abatement on any of these projects and does not intend to ask for abatement on this project at the corner. He stated that he would like for the Committee of the Whole to recommend this bill favorable to the full Council and vote favorable for its passage. Mr. Feeney stated that he would like to state for the record some of the commitments that they would like to make based on what the Council hear at the Committee Meeting this afternoon. Mr. Feeney stated that the two commitments are: 1. A not less than 6 foot high, attractive, non chain link, fence, securing the retention area. 2. One evergreen tree, not less than 6 foot high, planted every 12.5 feet along the east from the building to the south lot line, all along the south lot line, and along the southwest lot line abutting the SF1 Single Family and Two Family District zoned parcel belonging to Helen Manuszak, a/k/a 1322 Chimes, a/k/a Lot 101 Edison Park Addition, a/k/a Parcel ID 018-5155-5869. Councilmember Rouse asked if those commitments had to be put into a memorandum of agreement. Council Attorney Kathleen Cekanski-Farrand stated that they did not, the written commitments go back to the Area Plan Commission and the Council has to give enough specificity that they can bring it up again at their next meeting. She stated that the Council would make a recommendation subject to the two commitments are read into the record by Mr. Feeney and she believes that they are specific enough. Councilmember Oliver Davis asked about parking. Mr. Feeney replied that parking has been one of the major sore spots for Mr. Mihalach, his parking and Christa from Area Plan can attest to this, will normally exceed any minimum requirements that would exist for the building on any parcel that he owns. He is very aware of how badly parking can kill a building. So in this particular case they have more than the required amount. He stated that he wasn’t sure what the requirement was but thought it to be 22 parking spaces and they are supplying 31 spaces on this particular site. 4 REGULAR MEETING AUGUST 10, 2009 Councilmember Puzzello asked if this project would have to go before the Board of Zoning Appeals. Mr. Feeney stated no. 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 the or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill subject to the two (2) written commitments read into the record by Mr. Feeney. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Puzzello stated that as the Council Representative to the Area Plan Commission, she voted against this petition, because it is invasive into that neighborhood. She stated that she always is concerned when a business starts into a neighborhood it will keep moving and has a tendency to do that. She noted that the neighbors were in favor because of the two homes that now exit there had become in very bad condition, they worried that they would only get worse and preferred a new building to these houses that were in such bad condition. Councilmember Puzzello criticized Mr. Mihalach for allowing those homes to deteriorate. She stated that she understands what he wanted to do with those two homes when he purchased them, but he bought two houses and until he got his zoning, she wished that he would have taken better care of them, but he did not. She stated that when neighborhood rezonings are concerned, she stated that she tends to vote with the neighborhood and the neighborhood is in favor and she will be voting with the neighborhood and just wanted to go on record tonight because she did vote against this once. BILL NO. 53-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 14 ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED “REGULATIONS ADDRESSING SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS” Councilmember White, Chairperson, Health and Public Safety 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 as amended. Council Attorney Kathleen Cekanski-Farrand read the amendment into the record: On page 5 Paragraph G delete 4:45 p.m. and replace it with 12:00 (noon) Councilmember White made a motion to amend this bill as read into the record by Council Attorney Kathleen Cekanski-Farrand. Councilmember Rouse seconded the motion which carried by a voice vote of seven (7) ayes. Kathleen Cekanski-Farrand, Council Attorney, made the presentation for this bill on behalf of Councilmember’s Rouse and Kirsits. She advised back in 2007 these same two Councilmember’s proposed the conditional use lawn parking regulations which have successfully been implemented since their date of passage. As a result of the Community Campus Advisory Coalition (CCAC) many positive relationships have developed with all of the Colleges and Universities that surround or are located in the South Bend Community. Recently, there was a meeting with City Clerk John Voorde’s staff, Code Enforcement and the Council to make very 5 REGULAR MEETING AUGUST 10, 2009 limited proposed changes to the regulations to make it even more positive with regard to the implementation of it. The ordinance before the Council tonight would offer a 10% discount for those individuals who would like to seek a seasonal conditional lawn use parking permit for an entire football season. This year the University of Notre Dame has seven (7) homes games, individuals that would qualify for that discount would have to apply prior to the first home game, otherwise the full rate would be implemented. She stated that Mr. Gilot’s office does a yeoman work in the implementation of this ordinance with regard to checking to make sure that there is safety ingress/egress and that the maximum amount of vehicles that can be parked on the lawns is appropriate for sight distances and all of things that engineers do in their careers. As a result of that they needed additional lead time so the ordinance will change the deadline from the Thursday, to Wednesday at 12:00 prior to the home game. Lastly, there were some housekeeping amendments that were found that were necessary that were basically to improve it. She asked for the Council’s favorable support. 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 amended. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 55-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,600 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET STOCK & ENVELOPES Councilmember Puzzello, Chairperson, PARCS 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. Dennis Andres, Executive Director, Morris Performing Arts Center/Palais Royale, 211 N. Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Andres advised that the appropriation of $5,600.00 within the Morris Performing Arts Center and Palais Royale Marketing Fund (Fund 273). He stated that revenues from this fund are generated from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. He stated that the Morris Center has solicited and acquired funds for sponsorship of ticket stock and ticket envelopes and this bill would allow for the purchase of said ticket stock and envelopes. 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 White seconded the motion which carried by a voice vote of seven (7) ayes. 6 REGULAR MEETING AUGUST 10, 2009 BILL NO. 56-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY’S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THEY PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS nd Councilmember White made a motion to hear the 2 Substitute version of this bill. Councilmember Rouse seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Oliver Davis, Chairperson, Utilities Committee, reported that this nd committee met on this 2 substitute bill this afternoon and voted to send to full Council with a favorable recommendation. th Mr. Gary Gilot, Director, Public Works Department, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that this is a finance mechanism for a loan grant combination under the Federal Economic Stimulus Program. He stated that the City of South Bend will receive 3.1 million dollars of stimulus dollars distributed to the State of Indiana and then onto the City through the State Revolving Fund. He stated that there will be about a 1.8 million dollar grant which will be phased as a forgivable zero percent loan and then there will be a low interest loan in the amount of 1.2 million at about 3.8% interest that the City will have to pay back over time out of waste water revenues. The project that was select out of all the project that were requested out of stimulus funding in the waste water area is high tech solution called CSO Net Phase II. Mr. Gilot stated that some embedded sensor technology developed at Notre Dame and Purdue and it allows the City to do real time monitoring and control and optimizes storage and it is a good thing for the rates payers. It is much more economical than the conventional civil engineering solution. This program will cost out with the pipe work and all at about 6 million dollars, the conventional approach would be 120 million dollars. So, the City is getting some grant and loan assistance and receiving a new technology that is a real breakthrough in terms of environmental benefit for a very low cost. 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 on present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable nd recommendation to full Council concerning this 2 substituted bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. 7 REGULAR MEETING AUGUST 10, 2009 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 seven (7) 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 7:29 p.m. President Derek D. Dieter presided with seven (7) members present. BILLS – THIRD READING ORDINANCE NO. 9948-09 AN ORDINANCE 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 third reading. Councilmember Rouse made a motion to pass this bill, subject to the written commitments. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9949-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 14 ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED “REGULATIONS ADDRESSING SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS” This bill had third reading. Councilmember White made to amend this bill as in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember White made a motion to pass this bill as amended. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of seven (7) ayes. 8 REGULAR MEETING AUGUST 10, 2009 ORDINANCE NO. 9950-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,600 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET STOCK & ENVELOPES This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9951-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY’S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THEY PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS nd This bill had third reading. Councilmember Puzzello made a motion to consider the 2 substitute version of this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Puzzello made a motion to nd pass this 2 substitute bill. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of seven (7) ayes. RESOLUTIONS There were no Resolutions filed at this time. BILLS – FIRST READING BILL NO. 57-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 616 N. ST. PETER ST., COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Rouse made a motion to refer this bill to refer this bill to the Area Plan Commission. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. 9 REGULAR MEETING AUGUST 10, 2009 UNFINISHED BUSINESS Kathleen Cekanski-Farrand, Council Attorney stated that On behalf of the family of Rollin Farrand, Sr., I would like to thank everyone for their support this past week. Our family would especially like to thank the Common Council, the City Clerk's special staff who brought food to our home, Mayor Steve for his very kind words at Rollin's funeral; the countless number of calls, emails, cards, & many donations made in his memory. We would also like to thank the many members of the South Bend Police Department and Fire Department for guiding us through the streets of South Bend for Rollin's final journey. We were able to see some of the many projects which began under Rollin. Rollin truly loved South Bend, and thoroughly enjoyed being South Bend's Director of Public Works under Mayor Miller and Mayor Nemeth, as well as being County Engineer of St. Joseph County. The community's many acts of kindness have truly been appreciated. We are blessed and most grateful. NEW BUSINESS Council President Dieter thanked Ed Ronco from the South Bend Tribune for his dedicated years of reporting the news to the South Bend area. He wished him well on his move to Alaska. PRIVILEGE OF THE FLOOR COMMENTS REGARDING THE COLLEGE FOOTBALL HALL OF FAME Jim Cierzniak, 1518 Pine Top Trace, Mishawaka, Indiana, spoke regarding the College Football Hall of Fame. Mr. Cierzniak stated last week Council Members were finally given the 2008 year-end operating statement for the College Football Hall of Fame. After months of trying to get the report after a Freedom of Information request, I received a copy also. He stated that he believes Mayor Steve could have acted to release the report month ago. Transparency, Mr. Mayor, transparency! Some observations on the report: 1. The Second Interim Agreement between the City and the National Football Foundation specified quarterly reports, not just at the end of the year. The second quarterly report should be available at this time, five weeks after the end of the quarter. The Council should have the latest information on the Hall before the budget hearing on it. 2. The tardy release of operating information is directly connected to this quote from the Second Interim Agreement, “…the NFF shall not have any financial reporting obligation to the City or the Board of Managers in connection with the operation of the Hall of Fame…” If there is Third Interim Agreement late next year, the City should not agree to this blackout of information. It is highly insulting to a city which has given the NFF a sweetheart deal for 40 years. 3. The financial report is too general. Contrast this report with the detailed ones prepared by Liz at Century Center for the years 1995 through 2001. For example, the signature event of the Hall is the Enshrinement ceremony. On the ’08 report, only the receipts are denoted ($243,340). The expenses are likely lumped into the “services” part of the report. That wasn’t the case for the NFF reports for the years 2002 through 2005. In those reports a “net” Enshrinement figure is denoted. But even that is a poor way to handle this category. The NFF should show the Enshrinement receipts and expenses as two separate figures. The reader can determine the “net” figure easily enough. 4. The one-page report does not contain the number of paid admissions. Why? 5. The report contains this eye-opening statement, “Revenues were lower than anticipated due to the elevator being down nine weeks requiring a major repair which caused cancellations to planned events during the football and holiday season.” An elevator inoperative at the Hall? Who knew? Why wasn’t the media informed? Whoever wrote that no doubt used the old “dog ate my homework” excuse I school. He stated that Council Members should th insist on the admission information and the June 30 report immediately. Two questions for the Council, from the report, please explain “Endowment Contribution” of $65,000 to your constituents? Please explain the term “Realized/unrealized investment income.” Since the figure for that category is $162,000 in parentheses, I guess that means the Hall had “unrealized income.” But what does that mean? Both figures are substantial; you should be knowledgeable about them. Also, you should know the expenses for 10 REGULAR MEETING AUGUST 10, 2009 Enshrinement. The revenue figure for Enshrinement is 24% of total revenue minus the Hotel-Motel tax. A category that important should have better reporting. The Council needs to “go to school” regarding the finances of the Hall. And I haven’t mentioned “The Capital Reserve Fund” for the Hall on pp. 11-14 of the Second Interim Agreement. That fund is another bending over by the Luecke administration to the NFF. Concerning the Second Interim Agreement, do you have a copy of it? If so, do you know its location? Just askin’. The Hall of Fame has been the largest public works failure in South Bend history. I realize that many Council Members were not involved with it during the years before it opened in 1995. Yet it had to be embarrassing to pass the recent tax increases knowing the huge sums of tax money that are going yearly for the Hall. That embarrassment should be harnessed into a collective effort to end the NFF’s gravy train in South Bend. ADJOURNMENT There being no further business to come before the President Derek D. Dieter adjourned the meeting at 7:41 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 11