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HomeMy WebLinkAbout09-25-06 Zoning & AnnexationZoning and Annexation Committee Meeting 2006 South Bend Common Council The September 25, 2406 meeting of the Zoning and Annexation Committee of the South Bend Common Council was called to order by Chairperson, Council Member Ervin Kuspa, at 3:00 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members Pfeifer, Varner, Kuspa, White, Rouse, Kelly, Kirsi#s Dieter and Puzzello; Citizen Member Ed Talley, Mayor Stephen J. Luecke, Community and Economic Development Executive Director Sharon Kendall, Martha Lewis, City Clerk John Voorde, Code Enforcement Executive Director Catherine Toppel, Robert Nemeth, Catherine Hostetler, Richard Diesel, Building Commissioner Don Fozo, Jack Dillon, Public Works Director Gary Gilot, Jamie Loo of the 5oufh Bend Tribune, and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kuspa noted that the Committee Members consist of Council Members Kirsits, Dieter and White, and Citizen Member Ed Talley. He stated that those who wish to be recognized should state their name and address for the record. He added that the Committee makes advisory recommendations to the full Council on proposed legislation which has been sent to the Committee for review and recommendation. Substitute Bill No. 48-0~ Proposed Zoning Ordinance to Clarify Parking in Residential Zoning Areas: Council Member Kuspa called for a repar# from Area Plan on the Bill Robert Nemeth, a Planner on the Area Plan Staff reported that the Bill was heard by the Area Plan Commission at a public hearing on September 19, 2006 and is sent to the Council with an unfavorable recommendation. Council Member Puzzello noted that she and Department of Code Enforcement Director Catherine Toppel are co-sponsoring the Bill which would address illegal parking in front and side set backs on lawns in residentially zoned areas throughout the city. The ordinance would allow parking in driveways and hard-surfaced areas. She noted that in 2404 regulations were apparently omitted from the South Bend Municipal Code when the comprehensive new zoning ordinance was proposed. Prior to that time, parking in front and side set backs in residential areas was prohibited. Temporary parking on lawns could take place under the proposed ordinance via forms being filed and processed through the Board of Zoning Appeals and the Council, with such approval being done on an annual basis. She also noted that Area Plan had drafted various diagrams of the areas in question (copy attached) Code Enforcement Director Catherine Toppel noted that she agrees with the comments made by Council Member Puzzello. She noted that her department received many calls September 25, 2006 Zoning and Annexation Cpmmittee Meeting Minutes Page 2 about such parking which affects the quality of life. She believes that this must be addressed and called for a favorable recommendation to the full Council. In response to a question raised by Council Member Pfeifer, Ms. Toppel noted that if the proposed ordinance is defeated that she would have no mechanism to enforce parking on front and side yard set back areas in residential areas. in response to a question raised by Council Member White, Ms. Toppel noted that two (2} issues were raised at the Area Plan Commission, namely: parking on Notre Darne football Saturdays and city-wide parking regulations. Ms. Toppel noted that the Legal Department had input into the proposed ordinance and is comfortable with enforcing it if it is passed by the Council. Penalties would be city-wide, however towing would not be part of the penalty provisions instead citations could be issued of $100 for the 15t violation and $250 for the 2"d violation. Council Members Dieter and Pfeifer noted that persons do not move their cars and believe that acity-wide ban with no exceptions should be considered, noting that a quality of life issue is involved. Council Member Kirsits stated that he believes that there are two (2} issues involved--- parking on Notre Dame football Saturdays and city-wide parking regulations. He noted that 5-7 times a year there is a festive atmosphere when the university hosts home football games. Part of the celebration and the pageantry is taking place. He may be will be support some sort of a permit and a fee, if it can be worked out. Council Member Kelly stated that he agrees with Council Member Kirsits, and has been celebrating for years on football weekends, and that the problems are after the game has long ended. Ms, Toppel noted that under the Indiana abandoned vehicle law requires a 24-day period and involvement of the Bureau of Motor Vehicles. Council Member Puzzello stated that it appears that "everyone seems to be in favor of lawn parking on football weekends, and charging for parking, yet neighborhoods are disrupted and suggested that the Council see and visit the affected neighborhoods such as Wooded Estates, Napoleon Boulevard, etc. on game days. See and look at the mess that is left behind". Council Member Pfeifer stated that "there are problems with letting a certain neighborhood park on front and side yards, and not others and that this would create special privileges which is un-American". She stressed that there must be equal enforcement of the law which is consistently enforced. September 25, 2006 Zoning and Annexation Committee Meeting Minutes Page 3 Council Member Dieter made a motion, seconded by Council Member Kirsits that Substitute Bill No. 46-06 be recommended unfavorably to Council, noting that there was "too much bureaucratic red tape involved". Council Member Kirsits stated that perhaps special event parking could be looked into as a compromise The motion to recommend unfavorably was then retracted. Following discussion., Council Member Kirsits then made a motion, seconded by City Member Talley that Substitute Bill No. 46-06 be continued until the Council meeting of November 27r . The motion passed, Miscellaneous Business: Council Member Dieter provided a written statement on South Bend's Greenhouses and Conservatories (copy attached}. Catherine Hostetler, Director of Historic Preservation, noted that Mr. Richard Diesel would be giving a lecture today. She noted that there is a warranty deed Hating that the property in question can only be used for park purposes and if it is not so used it would revert to St. Joseph County. Mr. Richard Diesel stated that overall the structures are in good shape, however there problems with some of the windows and pexi-glass in areas. He does not see anything that warrants tearing down the buildings. Since 1985, he has been renovating buildings, many of them historic, in New York and Detroit. Botanical gardens are in demand and the type of architecture involved in the local buildings will "never be produced again. The units are very valuable". Repairs in the range of $50,Q00 to $75,000 are foreseen. Sealing and weather-proofing must take place so that the buildings are weather-tight and efficient. He noted that cypress wood never rots. The buildings house very rare plants with some of the plants be older than fifty (50) years. Those plants cannot be moved and should not be moved. In response to questions from Council Members Kelly and Dieter, Mr. Diesel stated that the repairs would be one-time in nature and that he would provide his report in writing as soon as it is ready. He added that the boilers do not work at the same time and suggested that in the very cold weather one be used as a back-up. The new one is in "great shape". In response to a question from Council Member Pfeifer, Mr. Diesel stated that there are no major problems with the roof. September 25, 2006 Zoning and Annexation Committee Meeting Minutes Page 4 Council Member White voiced concern that the Council had not received a response from the Park Board to Council Member Kuspa and Council Member Dieter's letter of September 14, 2D06. She noted that the Council is entitled to information and as elected public officials it is difficult to act without cooperation. Council President Rouse inquired of Mr. Gilot about the overall cost to operate the greenhouses and conservatories. Mr. Gllot stated that it could only be calculated on past usage. Calking and fixing the glass will offset some of that cost. Citizen Member Talley suggested that the matter of operations be costed-out on a "savings vs. maintenance" basis. Council Member Dieter also voiced displeasure that the Council had not received any response from the Park Superintendent and the Park Board from the letter which he and Council Member Kuspa sent requested information on the greenhouseslconservatories. Dr. Varner noted that this issue has generated a lot of telephone calls and interest in the community. He would like information since a lot of people are inquiring. He noted that he toured the facilities on Saturday with Council Member Dieter and there were several heating & air conditioning representatives. He stated a lot of people would like to get on board to make the greenhouses and conservatories more self-sufficient. Council Member Dieter noted that he and the Council Attorney met with the Trust Officer at Wells Fargo regarding possible grant possibilities .for the greenhouses. Citizen Member J. Edward Talley noted that in his investigations there are two (2) grants which may be possible for the greenhouses, in addition to Major Moves. He added that PHCC and MACIAF representatives were part of the tour on Saturday. He noted that the Council has passed a budget which would permit the greenhouses and conservatories to be operational through December 31, 2D06. He recommended considering land-marking and interim protection possibilities in order to save these facilities. In 1993, the buildings on the city survey were ranked "S-12" which is the second highest rating far landmark status. Council Member Kirisits noted that Jan Majelski has filed a petition with the Office of the City Clerk which contains 1,430 signatures in favor of saving the greenhouses. 825 of these are city residents and 605 are non-South Bend residents which is a wide representation of individuals. Council President Rouse inquired whether the ranking of the greenhouses has changed in the past thirteen years. September 25, 2006 Zoning and Annexation Committee Meeting Minutes Page 5 Mayor Luecke stated that Park Superintendent has asked an architect to go through the #acilities and report to the Park Board with what options may be available, along with presenting reasonable estimates of costs. He also has met with Dave Frame and that they are considering donating some labor andlor materials. Council Member Dieter requested that the Mayor restore the cuts made by the Administration to enable the greenhouseslconservatories to remain operational next year. Mayor Luecke stated he would prefer the allow the budget to go forward and get information back to the Council within one (1) month. if possible, presentations may be made to the Council if warranted. He added that Phil St. Clair is not present today because he is at a convention. Citizen Member Talley inquired whether a proposed fire station is still in the works for the area now occupied by the greenhouses/conservatories. Mayor Luecke stated that money could be paid if the greenhouses are taken down for a fire station, however, it is not a proposal at this time. There being no further business to come before the Committee, Council Member Kuspa adjourned the Commi#tee meeting at 4:10 p.m. Respectfully submitted ~~ Council Member Arvin Kuspa, Chairperson Zoning and Annexation Committee Attachments Community and Economic Development Committee 2006 South Bend Common Council The September 25, 2006 meeting of the Community and Economic Development Committee of the South Bend Common Council was called to order by its Chairperson, Council Member Roland Kelly at 4:14 p.m. in the Council's Informal Meeting Ronm. Persans in attendance included Council Members Pfeifer, Kelly, Varner, Kuspa, Kirsits, Rouse, Dieter, White and Puzzelio; Mayor Stephen J. Luecke, Citizen Member Markin Wolfson, Pam Meyer, Community and Economic Development Director Sharon Kendall, Bill Schalliol, Dale Devon, Jamie Loo of the South Bend Tribune and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kelly noted that the Committee members include Council Members Kuspa, Puzzello, Kirsits, and himself and Professor Marty Wolfson as a citizen member. Bill No. OG-95 Residential Tax Abatement for 920 Notre Dame Avenue: Council Member Kelly tailed for a report from Community and Economic Development on Biil No. 06-95 which is a five-year residential real property tax abatement request of Mark A. and Ruth M. Noll for the property located at 920 Notre Dame Avenue. Bill Schalliol of the Division of Economic Development reviewed the report dated August 30, 2D06 (copy attached) which concluded that the petitioners meet the qualifications far a five {5) year residential tax abatement under Section 2-77.1 addressing "Single Family Residential Construction" of the South Bend Municipal Cade. Dale Devon of Devon Custom Homes, Inc. made the formal presentation, noting that he has a power of attorney signed by his clients.. He stated that Mr, and Mrs. Noll will have a new home constructed consisting of 2,360 square feet on a vacant lot in the Northeast Neighborhood Redevelopment Project area. The estimated cost will be $350,000. Total taxes to be abated over the five (5) years will be $10,262, with $26,672 in taxes being paid for this same period. Council Member Dieter stated that the homes going up are great for this area. Following discussion, Council Member Kuspa made a motion, seconded by Council Member Puzzeilo that Bill No. 06-95 be recommended favorably #o Council. The motion passed. There being no further business to come before the Committee, Council Member Kelly adjourned the meeting at 4:17 p.m. tf ily s mitt~l u it ember Roland Kelly, hairperson Community and Economic Development Committee Attachments Utilities Committee 2©06 South Bend Common Gouncil The September 25, 2006 meeting of the Utilities Committee of the South Bend Common Council was called to order by its Chairperson, Council Member AI "Buddy" Kirsits at 4:10 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members Pfeifer, Kelly, Varner, Kuspa, Kirsits, Rouse, Dieter, White and Puzzello; Mayor Stephen J. Luecke, Public Works Director Gary Gilot, Dr. John Dillon, Citizen Member Martha Lewis, City Clerk John Voorde, City Controller M. Catherine Fanello, City Attorney Charles Leone, Jamie Lao of the South Send Tribune and Kathleen Cekanski~Farrand, Council Attorney. Council Member Kirsits noted that the members of the Utilities Committee include Council Members Kuspa, Puzzello, Pfeifer and himself; and Citizen Member Gene Pend I. Bill No. 6Q-Q6 Municipal Sewage Works Proiect Ordinance: Gouncil Member Kirists called for a presentation on Bill No. 60-D6 which would amend Ordinance No. 8919098 in order to clarify the scope of the Municipal Sewage Works Project and which would approve the use of the State Revolving Loan Funds balance of $638,682 far hydraulic improvements. Dr. Jack Dillon, Director of Environmental Services made the formal presentation. He noted that in 1998 the Common Council passed Ordinance No. 8919-98 which authorized the issuance of revenue bonds not to exceed $24,095,000 with State Revolving Fund (SRF} loan proceeds being the source of funds for the construction. $683,682 remains available for use. Modification of the scope of work will permit the hydraulics to be enlarged sa that the $638,682 can be utilized. There was no ane from the public to speak in favor or in opposition to the Bill. Counciil Member Kuspa made a motion, seconded by Council Member Puzzello that Bill No. 60-06 be recommended favorably to Council. The motion passed. Miscellaneous Business: In response to a question from Council Member Kirsits, Mr. Gilot confirmed that the storm sewer installation on Leeper is part of the Harter Heights project. There being no further business to come before the Committee, Council Member Kirsits adjourned the meeting at 4:14 p.m. ,~ !f~ , , Respectfully submitted, ~` r.~ Council Member AI "Buddy" Krsits, Chairperson Utilities Committee Attachment Personnel and Finance Committee 2005 South Bend Common Council The September 25, 2006 meeting of the Personnel and Finance Committee of the South Send Common Council was called to order by its Chairperson, Council Member Charlotte D. Pfeifer at 5:00 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members Pfeifer, Kelly, Varner, Kuspa, Kirsits, Rouse, Dieter, White and Puzzello; Mayor Stephen J. Lueeke, Public Works Director Gary Gilot, Dr. John Dillon, Citizen Member Martha Lewis, City Clerk John Voorde, City Controller M. Catherine Fanello, Building Commissioner Don Fozo, Fire Chief Luther Taylor, Division Chief Rick Kilgore, Beth Leonard, Assistant Fire Chief Rick Switalski, Mikki Dobski-Shidler, Dennis Andres, City Attorney Charles Leone, Citizen Member Martin Wolfson, Pam Meyer, Community and Economic Development Director Sharon Kendall, Jamie Loo of the South Bend Tribune and Kathleen Cekanski-Farrand, Council Attorney. Council Member Pfeifer noted that the members of the Personnel and Finance Committee include Council Members Kuspa, White, Varner and herself as Chairperson; and Citizen Member Nikki Hutchinson. Substitute Biill No. 62-afi: Council Member Pfeifer called for a presentation on Substitute Bill No. 62-06 which would fix the maximum wages of Teamster employees of the City of South Bend for the 2007 calendar year. City Controller M. Catherine Fanello made the formal presentation. She noted that a draft ordinance was filed with the Office of the City Clerk on September ~ 1th, and that the substitute version sets forth the final maximum numbers. The ordinance reflects an increase of $.38 per hour which was the tentative agreement reached between the two (2) bargaining teams. She added that the Teamsters have not voted on the package, with their vote not taking place until later in October. She stated that if the package is rejected the current contract would carry over to the next year. Council Member Kuspa made a motion, seconded by Council Member White that Substitute Bill No. 62-06 be recommended favorably to Council. The motion passed. Biill Nos. 55-aG, 5fi-afi and_57-afi 2x07 Bud ets Council Member Pfeifer noted that several Committee meetings have been held on the three (3} ordinance related to the 2007 city budget. She then asked the City Controller for her comments on the Bills. September 25, 200fi Personnel and Finance Committee Page 2 City Controller M. Catherine Fannello noted that Bill No. 55-06 addresses the Enterprise Funds of the City. She was avaible for any questions. No one from the public spoke in favor or in opposition to the Bill. Dr. Varner made a motion, seconded by Council Member Kuspa that Bill No. 55-06 be recommended favorably to Council. The motion passed. Ms. Fannello noted that Bill No. 56-06 contains Fund No. 377 and Fund No. 408 currently She stated that neither of these funds need to be addressed by the September 30f~' state law deadline as noted by the Council Attorney in earlier communications to the Council. She added that Tam Skarbek filed on earlier all replacement line-item pages to the budget (copies attached}. Council Member Pfeifer suggested that a Saturday morning meeting may be best to address budget issues that cannot be resolved today. Mayor Luecke stated fihat he would like both the College Football Hall of Fame and Project Future included at the amounts proposed. He noted that the Committee has spent many hours reviewing the proposed budgets and did not see any benefit in delaying action on those items. Council Member Kelly stated he would also like action to be taken tonight, and requested that Project Future's request for $120,000 for five (5) years. Dr, Varner stated that dollars for Project Future and the Football Hall of Fame do not have to be passed tonight. Counci( Member White stated that she thought there was a consensus based on passed discussions and that she could support Project Future's current level of $110,00. Council Member Pfeifer stated that Council Member Kelly asked fora "sense on Project Future proposal" prior to today and she is prepared to vote tonight. Dr, Varner and Council Member Puzzello noted that they could support a $110,000 amount for Project Future which is their current amount. Council President Rouse noted that only the funding far Project Future is before the Council tonight and not the duration, with Council Member Kuspa concurring in this. September 25, 2006 Personnel and Finance Committee Page 3 Council Member Kirsits stated that °`he has been all over the map on Project Future's request including pulling all of their funds"; and Council Member Kuspa stated he could support the $120,000 request. Mayor Luecke recommended that the Council include Fund # 377 in the budget tonight He is unaware of any licensing agreement with Game Day Centers noting that he received a letter dated September 22, 2006 from Rick Walls confirming that there are no agreements since they are using a mare generic name (copy attached). The Mayor also noted that the South Bend Community School Corporation Board of Trustees recently approved "Play It Smart" in all four (4) South Bend public high schools and provided a copy of a September 25, 2006 letter from the NFF (copy attached). Council Member Dieter voiced concern that time for Scott Dactelides is proposed fio be split between Clay and Adams High Schools, and believes that each school should have their own "Play It Smart" representative. He stressed that there is "just too much for what has to be done correctly" to split time between the schools. City Attorney Charles Leone stated that he has not seen the agreement and haw it may be structured. Dr. Varner noted that he has a tentative spread sheet, noting that the support for the CFHF "are beginning to increase". With the Joint Committee overseeing the funds, the Common Council would have no oversight roles over the finances. $1.2 million be transferred this year and adminisfiered by the Joint Committee. Council Member Dieter voiced support of Dr. Varner's concern. In response to a question from Council President Rouse, Dr. Varner stated that he has been making requests for ten (10} years for information without responses being forthcoming. Council Member Kuspa made a motion to fund Project Future at $120,000 for 2007. The motion failed for the lack of a second. Council Member White made a motion, seconded by Dr, Varner that Project Future be funded at its current amount of $110,000 for 2007. The motion passed. Dr. Varner made a motion tv delete the CFHF Fund # 377 from the ordinance and act on it in a separate ordinance. The motion failed for the lack of a second. September 25, 2006 Personnel and Finance Committee Page 4 Council Member White made a motion, seconded by Council Member Kuspa that Bill No. 56-06 as to be amended be recommended favorably to Council. The motion passed with Dr. Varner voting in opposition to the motion. At this time handouts were provided by Park Superintendent Phil St. Clair on the greenhouses and conservatories which were requested to be filed by noon today. Council Member Dieter noted that with the late filing of the information which was requested by him and Council Member Kuspa in a September 14~h letter to the Park ~~ Board and the Park Superintendent, #hat he will need time to digest the information". He also noted that PARC and Zoning and Annexation Committee would be going forward with their joint committee meeting on the greenhouses and conservatories prior to the next Common Council meeting. ". He provided copies of his sta#ement on the greenhouses requesting among other things that the Mayor restore the funding for the greenhouses and conservatories along with a copy of the September 14~h letter (copies attached). Council Member Puzzello voiced concern that with the funds for the greenhouses and conservatories being cut by the Administration, that it puts the Council in a si#uation tha# in order to restore any of their funding that the Council would have to cut other Park programs. She stated that "this puts the Council in a terrible spot", especially when the Council was not advised un#il the budget hearings of the proposed closings of the greenhouses and conservatories and that it "was a done thing without the Council knowing i# was going on". Park Superintendent St. Clair stated that the Park Board "has until the third Monday in December #a take action on the greenhouses". Council Member White voiced support of the comments made by Council Member Puzzeilo, Hating that information should have been shared with the Council before a decision was made to close the greenhouses. Mayor Luecke suggested that a special committee be organized to look into whether there are any alternatives andlor options for the greenhouses which could then report back to the Council within thirty (30} days. Dr. Varner noted that the greenhouses are budgeted through the end of this calendar year, and that additional changes could be made to supplement their budget for 2007. Council Member Dieter stated that he is also looking into passible private sources to assist the greenhouses because "he does Hat want to see them ga away Council Presiden# Rouse stated that the Mayor has committed to work in good faith with the Council and he believes the Council should take the Mayor at his word. September 25, 2006 Personnel and Finance Committee Page 5 Mayor Luecke stated that he would include Council Member Dieter on this special committee. Council Member White then made a motion, seconded by Council Member Kuspa that the Park and Recreation funding as proposed by the Administration be recommended favorably to Council and also be revisited within the next thirty (3D) days after a cost analysis and alternatives report be given to the Council by the Mayor and his special committee on the greenhouses. The motion passed. Jan Michalski stated that she has a petition of over '1,400 signatures of which 825 are South Bend residents in favor of the greenhouses and conservatories (copies attached). She voiced "utter disbelief that these facilities which have been here for many generations would be lost". She suggested that better programming should be considered such as those in Fort Wayne which include butterflies, youth day camps, trains, and "music in the gardens each 3~d Sunday of the month. She also suggested that in addition to better programming that brochures promoting the greenhouseslconservatories are needed in order that they be properly marketed. Council Member Kuspa made a motion seconded by Dr. Varner that Bill No. 57-D6 with the earlier conditions be recommended favorably to Council. The motion passed. Council Member Pfeifer suggested that the Committee meet on Saturday, October 14, 20D6 at $ am and go no longer than 10 am to discuss other financial items which have not been resolved. Council Member Pfeifer then adjourned the Committee meeting at 6:03 p.m. Respectfully submitted, '~ ~~~., Council Member Charlotte r . ~'feifer, Chairperson Personnel and Finance Committee Attachments Health and Public Safety Committee 2{#06 Sou#h Bend Common Council The September 25, 2006 meeting of the Health and Public Safety Committee of the South Bend Common Council was called to order by its Chairperson, Council Member Karen L. White at 4:17 p.m. in the Council`s Informal Meeting Roam. Persons in attendance included Council Members Pfeifer, Kelly, Varner, Kuspa, Kirsits, Rouse, Dieter, White and Puzzello; Mayor Stephen J. Luecke, Community and Economic Development Director Sharon Kendall, [=ire Chief Luther Taylor, Jamie Loo of the South Bend Tribune and Kathleen Cekanski- Farrand, Council Attorney. Council Member White noted that the Committee Members include Council Members Varner, Kuspa, Puzzello, and herself as Chairperson. Bill No. 06-101 National Incident Management Systems (NIMS) Council Member White called foe a presentation on Bill No. 06-101 which would formally designate the National Incident Management Systems (NIMS) as the basis for all incident management in the City of South Bend. Fire Chief Luther Taylor stated that the NIMS program has been recognized by the Department of Homeland Security as the system which would provide efficient and effective working of federal, state and local governments in the event of emergencies. He noted that a vast majority of the City Departments have taken the preliminary NIMS training courses, which are very crucial to be followed. The Council Attorney noted that identical resolutions will be acted upon by the City of Mishawaka and the Board of County Commissioners for St. Joseph County. The deadline for such action is September 30t~, with potential loss of federal funding for noncompliance. Council Member Puzzello made a motion, seconded by Council Member Kuspa that Bill No. 06-101 be recommended favorably to Council. Council Member Kuspa added that homeland security is very important. The motion passed. There being no further business to came before the Committee, Council Member White adjourned the meeting at 4:19 p.m. Respectfully submitted, ~~ ~~ ~ Council Member Karen L. White, Chairperson Health and Public Safety Committee Attachment Informal Meeting of the Common Council 2©06 South Bend Common Council The September 25, 2006 Informal meeting of the South Bend Common Council was called to order by Council President Timothy A. Rouse at 4:18 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members Pfeifer, Kelly, Varner, Kuspa, Kirsits, Rouse, Dieter, White and Puzzello; Mayor Stephen J. Luecke, Public Works Director Gary Gilot, Dr. John Dillon, Citizen Member Martha Lewis, City Controller M. Catherine Fanello, City Attorney Charles Leone, Don Inks, Fire Chief Luther Taylor, Police Chief Thomas Fautz, Bill Schalliol, Community and Economic Development Director Sharon Kendall, David Ray, Marci Burdick, Jamie Loo of the Saufh Bend Tribune and Kathleen Cekanski-Farrand, Council Attorney. Schurz Communications Inc. Council President Rouse Hated that the Informal Meeting was called so that the Council would have the opportunity to talk face-to-face with representatives of Schurz Communications, Inc. who have announced to relocate their operations to Mishawaka. He stated that the meeting was scheduled prior to yesterday`s article in the Soufh Bend Tribune. Council President Rouse then read into the record aone-page statement (copy attached), followed by Council Member Dieter noting that he had a '/z page statement wi#h a copy of the Tribune article (copy attached) which he also asked be made part of the record. Council President Rouse welcomed Vice-President David Ray and Senior Vice- President of Broadcasting Marci Burdick of Schurz Communications, Inc. to the meeting. Mr. Ray stated that he came before the South Bend Common Council 14-15 years ago when they sought a tax abatement. At that time their architects advised them against staying in South Bend. Nevertheless, they made a $36 million investment in downtown South Bend, and since that time have invested an additional $7 million in order to upgrade their packaging systems. Mr. Ray noted that they have been located in downtown South Bend since 1872, however the Shurz operations is growing. The WSBT building is over fifty (50) years old and was constructed to house two (2} radio operations and one (1) television station. Today, the building is housing four (4} radio operations and two (2) television operations. The building is just too small and the facility is in adequate to meet their needs. They attempted to purchase property from Herrman & Goetz, without success. They looked at the building housing the Democratic party headquarters "but it is a mess". The Indiana Club has a historic facade which proved untenable. About 2 ~/ years ago Todd Schurz met with Mayor Luecke. The City Administration posed the September 25, 2fl06 [nformal Meeting of the South Bend Common Council Page 2 question "what do you want". Schurz hired a consultant in January of 2006 and they were given the criteria they desired and asked them to locate all the passible sites available in St. Joseph County. Forty-six (46) sites were located and were depicted on an "(Jrban and Greenfield Site Alternatives" map which was shown to the Council by Mr. Ray. These sites were narrowed down to ten (10), with each of them being visited first-hand by the consultants. South Bend and Mishawaka were each provided the locations and requested to provide a presentation. On March 14, 2006, a meeting was held with South Bend administrative officials, and they later met with Mishawaka officials. Following additional design development review two (2) sites were selected, one (1) in downtown South Bend and one (1) in Mishawaka. The South Bend location was the GateslToyota block and the Mishawaka location was at the corner of Douglas and Fir. The best business package was requested for each site and discussions were held with the Mayor of each city. The final site decision was made by the Schurz Communications, Inc. Board of Directors. They did not ask the City of Mishawaka for tax abatement, since they did not want a bidding war to take place between the two (2) cities, Mr. Ray noted that Mayor Luecke offered tax abatement with the bottom line effects being evaluated by Barnes & Thornburg. Schurz looked hard at South Bend, and they "went to considerable financial difficulties to get WNIT to fill the WSBT building once the decision was made to locate in Mishawaka". Senior Vice-President Marci Burdick noted #hat the design fora 70,000-90,000 square foot building was proposed for both an urban setting as well as a green space area. She further noted that Schurz has been looking for over ten (10) years for a new location to expand their operations. In order to get WNIT to move from Elkhart to South Bend, Schurz is investing $3 to every $1 to make it work. Mr. Ray noted that the City of Mishawaka and St. Joseph County have made considerable infrastructure investments with the widening of Douglas Road, Fir Road, sewer and water, metronet lines, etc. Mr. Ray also voiced "concern for the security of their employees, especially around the current station". A heightened concern takes place at night and they took into consideration their comfort level with respect to security which "added complications". In response to questions from Council Member Dieter, Mr. Ray stated that there was an eighteen (18) month delay in vacating the property by the ChevylToyota area which would have impacted WNIT. He also noted that the RinklHolladay properties were promoted by John Phair, but were just not big enough, with the matter being further complicated by its proximity to the river causing engineering problems. As a result, a 3- story building would have been a possible solution for that site. September 25, 2006 Informal Meeting of the South Bend Common Couneil Page 3 Council President Rouse noted that in several Editorial Opinions which have been run in the South Bend Tribune the editorial staff have voiced concern about the effects such things as the closing of the greenhouses and conservatories would have on the South Bend community. President Rouse inquired whether the Schurz officials ever weighed and considered the effect of closing WSBT would have on the South Bend community. Mr. Ray stated that there would be no difference with regard to news coverage. President Rouse stressed that the "SB" in "WSBT" is significant and the announced move of the WSBT operations has already had an effect on the citizens of our community, as well as the community itself. He noted that he sees this as a moral perspective which does impact the citizens. Ms. Burdick stated that it would have been "easier to stay in South Bend"; and that they tried for ten (10) years to make it work. They tried to mitigate the downside by donating the building to WNIT, and believe that "they have been a pretty good corporate citizen". Council President Rouse stated that he was recently with Mary Pruess of WNIT and she is excited to be coming to South Bend. Council Member Kelly stated that he was at the WSBT building from the very beginning and is sorry to see this operation leaving. He wished them good luck and complimented them on their 10 pm news cast. Mr. Ray stated that the Schurz Board of Trustees made a business decision. He stated that every time they came to see the city, they met and talked and information was provided. He stated that "we are part of the community, are locally owned and committed to South Bend and the economic development of St. Joseph County". Mayor Luecke stated that the city worked very hard to meet their needs, noting that both tax abatement and TIF were discussed. They talked about creative options and ultimately the design and the timeliness of making the transaction work were the determining factors. The Mayor expressed appreciation of the efforts to have WMT locate in the downtown. Council Member Puzzello stated that she did not recall that the Tribune had difficulty with the South Bend Common Council when they petitioned for tax abatement consideration. Mr. Ray noted that the difficulty was not with the Council, but rather with Kelly Havens and members of the public. September 25, 2U06 Informal Meeting of the South Bend Common Council Page 4 Council Member Pfeifer thanked President Rouse for calling this Informal meeting of the Council. The presentation confirms that the Mayor and economic development officials did all that they could an this project, She welcomed the opportunity to have WNIT in downtown South Bend. She voiced concern with regard to the statements which were made with regard to crime, noting that "crime happens every where". Council Member Dieter thanked President Rouse and the Schurz representatives for the information, He noted that he spoke with Mayor Luecke on Saturday about this informational meeting. President Rouse thanked everyone for the information which was shared with the Council, He then adjourned the meeting at 4:59 p.m. Respectfully submitted, Timothy A. Rouse Council President Attachments